[107th Congress Public Law 107]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ107.107]
[[Page 1011]]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2002
[[Page 115 STAT. 1012]]
Public Law 107-107
107th Congress
An Act
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. <<NOTE: Dec. 28, 2001 - [S. 1438]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: National Defense
Authorization Act for Fiscal Year 2002.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2002''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical Agents and Munitions Destruction, Defense.
Sec. 107. Defense Health Program.
Subtitle B--Army Programs
Sec. 111. Repeal of limitations on bunker defeat munitions program.
Sec. 112. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial facilities without
regard to availability from domestic sources.
Sec. 113. Limitations on acquisition of interim armored vehicles and
deployment of interim brigade combat teams.
Subtitle C--Navy Programs
Sec. 121. Virginia class submarine program.
[[Page 115 STAT. 1013]]
Sec. 122. Multiyear procurement authority for F/A-18E/F aircraft
engines.
Sec. 123. V-22 Osprey aircraft program.
Sec. 124. Report on status of V-22 Osprey aircraft before resumption of
flight testing.
Subtitle D--Air Force Programs
Sec. 131. Multiyear procurement authority for C-17 aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Supplemental authorization of appropriations for fiscal year
2001 for research, development, test, and evaluation,
Defense-wide.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Naval surface fire support assessment.
Sec. 212. Collaborative program for development of advanced radar
systems.
Sec. 213. Repeal of limitations on total cost of engineering and
manufacturing development for F-22 aircraft program.
Sec. 214. Joint biological defense program.
Sec. 215. Cooperative Department of Defense-Department of Veterans
Affairs medical research program.
Sec. 216. C-5 aircraft reliability enhancement and reengining program.
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. Program elements for Ballistic Missile Defense Organization.
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. Construction of test bed facilities for missile defense
system.
Subtitle D--Air Force Science and Technology for the 21st Century
Sec. 251. Short title.
Sec. 252. Science and technology investment and development planning.
Sec. 253. Study and report on effectiveness of Air Force science and
technology program changes.
Subtitle E--Other Matters
Sec. 261. Establishment of unmanned aerial vehicle joint operational
test bed system.
Sec. 262. 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. 263. Communication of safety concerns from operational test and
evaluation officials to program managers.
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.
Sec. 305. Funds for renovation of Department of Veterans Affairs
facilities adjacent to Naval Training Center, Great Lakes,
Illinois.
Sec. 306. Defense Language Institute Foreign Language Center expanded
Arabic language program.
Subtitle B--Environmental Provisions
Sec. 311. Inventory of unexploded ordnance, discarded military
munitions, and munitions constituents at defense sites (other
than operational ranges).
Sec. 312. Establishment of new program element for remediation of
unexploded ordnance, discarded military munitions, and
munitions constituents.
Sec. 313. Assessment of environmental remediation of unexploded
ordnance, discarded military munitions, and munitions
constituents.
Sec. 314. Conformity of surety authority under environmental restoration
program with surety authority under CERCLA.
[[Page 115 STAT. 1014]]
Sec. 315. Elimination of annual report on contractor reimbursement for
costs of environmental response actions.
Sec. 316. Pilot program for sale of air pollution emission reduction
incentives.
Sec. 317. Department of Defense energy efficiency program.
Sec. 318. Procurement of alternative fueled and hybrid light duty
trucks.
Sec. 319. Reimbursement of Environmental Protection Agency for certain
response costs in connection with Hooper Sands Site, South
Berwick, Maine.
Sec. 320. River mitigation studies.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 331. Commissary benefits for new members of the Ready Reserve.
Sec. 332. Reimbursement for use of commissary facilities by military
departments for purposes other than commissary sales.
Sec. 333. Public releases of commercially valuable information of
commissary stores.
Sec. 334. Rebate agreements with producers of foods provided under
special supplemental food program.
Sec. 335. Civil recovery for nonappropriated fund instrumentality costs
related to shoplifting.
Subtitle D--Workforce and Depot Issues
Sec. 341. Revision of authority to waive limitation on performance of
depot-level maintenance.
Sec. 342. Exclusion of certain expenditures from limitation on private
sector performance of depot-level maintenance.
Sec. 343. Protections for purchasers of articles and services
manufactured or performed by working-capital funded
industrial facilities of the Department of Defense.
Sec. 344. Revision of deadline for annual report on commercial and
industrial activities.
Sec. 345. Pilot manpower reporting system in Department of the Army.
Sec. 346. Development of Army workload and performance system and
Wholesale Logistics Modernization Program.
Subtitle E--Defense Dependents Education
Sec. 351. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 352. Impact aid for children with severe disabilities.
Sec. 353. Availability of auxiliary services of defense dependents'
education system for dependents who are home school students.
Sec. 354. Comptroller General study of adequacy of compensation provided
for teachers in the Department of Defense overseas
dependents' schools.
Subtitle F--Other Matters
Sec. 361. Availability of excess defense personal property to support
Department of Veterans Affairs initiative to assist homeless
veterans.
Sec. 362. Incremental implementation of Navy-Marine Corps Intranet
contract.
Sec. 363. Comptroller General study and report of National Guard
Distributive Training Technology Project.
Sec. 364. Reauthorization of warranty claims recovery pilot program.
Sec. 365. Evaluation of current demonstration programs to improve
quality of personal property shipments of members.
Sec. 366. Sense of Congress regarding security to be provided at 2002
Winter Olympic Games.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Increase in senior enlisted active duty grade limit for Navy,
Marine Corps, and Air Force.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2002 limitation on non-dual status technicians.
Sec. 415. Limitations on numbers of reserve personnel serving on active
duty or full-time National Guard duty in certain grades for
administration of reserve components.
[[Page 115 STAT. 1015]]
Subtitle C--Other Matters Relating to Personnel Strengths
Sec. 421. Administration of end strengths.
Sec. 422. Active duty end strength exemption for National Guard and
reserve personnel performing funeral honors functions.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Enhanced flexibility for management of senior general and flag
officer positions.
Sec. 502. Certifications of satisfactory performance for retirement of
officers in grades above major general and rear admiral.
Sec. 503. Review of actions of selection boards.
Sec. 504. 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. 505. Authority for promotion without selection board consideration
for all fully qualified officers in grade of first lieutenant
or lieutenant (junior grade) in the Navy.
Sec. 506. Authority to adjust date of rank of certain promotions delayed
by reason of unusual circumstances.
Sec. 507. Authority for limited extension of medical deferment of
mandatory retirement or separation.
Sec. 508. Authority for limited extension on active duty of members
subject to mandatory retirement or separation.
Sec. 509. Exemption from certain administrative limitations for retired
officers ordered to active duty as defense or service
attaches.
Sec. 510. Officer in charge of United States Navy Band.
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. Exception to baccalaureate degree requirement for appointment
of Reserve officers to grades above first lieutenant.
Sec. 513. Improved disability benefits for certain reserve component
members.
Sec. 514. Time-in-grade requirement for reserve component officers
retired with a nonservice-connected disability.
Sec. 515. Equal treatment of Reserves and full-time active duty members
for purposes of managing personnel deployments.
Sec. 516. Modification of physical examination requirements for members
of the Individual Ready Reserve.
Sec. 517. Retirement of Reserve members without requirement for formal
application or request.
Sec. 518. Space-required travel by Reserves on military aircraft.
Sec. 519. Payment of Federal Employee Health Benefit Program premiums
for certain Reservists called to active duty in support of
contingency operations.
Subtitle C--Joint Specialty Officers and Joint Professional Military
Education
Sec. 521. Nominations and promotions for joint specialty officers.
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.
[[Page 115 STAT. 1016]]
Sec. 533. Foreign students attending the service academies.
Sec. 534. Increase in maximum age for appointment as a cadet or
midshipman in Senior Reserve Officers' Training Corps
scholarship programs.
Sec. 535. Participation of regular enlisted members of the Armed Forces
in Senior Reserve Officers' Training Corps program.
Sec. 536. Authority to modify the service obligation of certain ROTC
cadets in military junior colleges receiving financial
assistance.
Sec. 537. Repeal of limitation on number of Junior Reserve Officers'
Training Corps units.
Sec. 538. Modification of nurse officer candidate accession program
restriction on students attending educational institutions
with senior reserve officers' training programs.
Sec. 539. Reserve health professionals stipend program expansion.
Sec. 540. Housing allowance for the chaplain for the Corps of Cadets at
the United States Military Academy.
Subtitle E--Recruiting and Accession Programs
Sec. 541. 18-month enlistment pilot program.
Sec. 542. Improved benefits under the Army College First program.
Sec. 543. Correction and extension of certain Army recruiting pilot
program authorities.
Sec. 544. Military recruiter access to secondary school students.
Sec. 545. Permanent authority for use of military recruiting funds for
certain expenses at Department of Defense recruiting
functions.
Sec. 546. Report on health and disability benefits for pre-accession
training and education programs.
Subtitle F--Decorations, Awards, and Posthumous Commissions
Sec. 551. Authority for award of the Medal of Honor to Humbert R.
Versace, Jon E. Swanson, and Ben L. Salomon for valor.
Sec. 552. Review regarding award of Medal of Honor to certain Jewish
American and Hispanic American war veterans.
Sec. 553. Authority to issue duplicate Medals of Honor and to replace
stolen military decorations.
Sec. 554. Retroactive Medal of Honor special pension.
Sec. 555. Waiver of time limitations for award of certain decorations to
certain persons.
Sec. 556. Sense of Congress on issuance of certain medals.
Sec. 557. Sense of Congress on development of a more comprehensive,
uniform policy for the award of decorations to military and
civilian personnel of the Department of Defense.
Sec. 558. 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.
Subtitle G--Funeral Honors Duty
Sec. 561. Participation of military retirees in funeral honors details.
Sec. 562. Funeral honors duty performed by Reserve and Guard members to
be treated as inactive-duty training for certain purposes.
Sec. 563. Use of military leave for funeral honors duty by Reserve
members and National Guardsmen.
Sec. 564. Authority to provide appropriate articles of clothing as a
civilian uniform for civilians participating in funeral honor
details.
Subtitle H--Military Spouses and Family Members
Sec. 571. Improved financial and other assistance to military spouses
for job training and education.
Sec. 572. Persons authorized to be included in surveys of military
families regarding Federal programs.
Sec. 573. Clarification of treatment of classified information
concerning persons in a missing status.
Sec. 574. Transportation to annual meeting of next-of-kin of persons
unaccounted for from conflicts after World War II.
Sec. 575. Amendments to charter of Defense Task Force on Domestic
Violence.
Subtitle I--Military Justice and Legal Assistance Matters
Sec. 581. Blood alcohol content limit for the offense under the Uniform
Code of Military Justice of drunken operation of a vehicle,
aircraft, or vessel.
Sec. 582. Requirement that courts-martial consist of not less than 12
members in capital cases.
[[Page 115 STAT. 1017]]
Sec. 583. Acceptance of voluntary legal assistance for the civil affairs
of members and former members of the uniformed services and
their dependents.
Subtitle J--Other Matters
Sec. 591. Congressional review period for change in ground combat
exclusion policy.
Sec. 592. Per diem allowance for lengthy or numerous deployments.
Sec. 593. Clarification of disability severance pay computation.
Sec. 594. Transportation or storage of privately owned vehicles on
change of permanent station.
Sec. 595. Repeal of requirement for final Comptroller General report
relating to Army end strength allocations.
Sec. 596. Continued Department of Defense administration of National
Guard Challenge program and Department of Defense Starbase
program.
Sec. 597. Report on Defense Science Board recommendation on original
appointments in regular grades for Academy graduates and
certain other new officers.
Sec. 598. Sense of Congress regarding the selection of officers for
recommendation for appointment as Commander, United States
Transportation Command.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2002.
Sec. 602. Basic pay rate for certain reserve commissioned officers with
prior service as an enlisted member or warrant officer.
Sec. 603. Reserve component compensation for distributed learning
activities performed as inactive-duty training.
Sec. 604. Subsistence allowances.
Sec. 605. Eligibility for temporary housing allowance while in travel or
leave status between permanent duty stations.
Sec. 606. Uniform allowance for officers.
Sec. 607. Family separation allowance for members electing unaccompanied
tour by reason of health limitations of dependents.
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 special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Hazardous duty pay for members of maritime visit, board,
search, and seizure teams.
Sec. 616. Eligibility for certain career continuation bonuses for early
commitment to remain on active duty.
Sec. 617. Secretarial discretion in prescribing submarine duty incentive
pay rates.
Sec. 618. Conforming accession bonus for dental officers authority with
authorities for other special pay and bonuses.
Sec. 619. Modification of eligibility requirements for Individual Ready
Reserve bonus for reenlistment, enlistment, or extension of
enlistment.
Sec. 620. Installment payment authority for 15-year career status bonus.
Sec. 621. Accession bonus for new officers in critical skills.
Sec. 622. Education savings plan to encourage reenlistments and
extensions of service in critical specialties.
Sec. 623. Continuation of payment of special and incentive pay at
unreduced rates during stop loss periods.
Sec. 624. Retroactive authorization for imminent danger pay for service
in connection with Operation Enduring Freedom.
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. Eligibility for payment of subsistence expenses associated
with occupancy of temporary lodging incident to reporting to
first permanent duty station.
Sec. 633. Reimbursement of members for mandatory pet quarantine fees for
household pets.
Sec. 634. Increased weight allowance for transportation of baggage and
household effects for junior enlisted members.
[[Page 115 STAT. 1018]]
Sec. 635. Eligibility of additional members for dislocation allowance.
Sec. 636. Partial dislocation allowance authorized for housing moves
ordered for Government convenience.
Sec. 637. Allowances for travel performed in connection with members
taking authorized leave between consecutive overseas tours.
Sec. 638. Travel and transportation allowances for family members to
attend burial of a deceased member of the uniformed services.
Sec. 639. Funded student travel for foreign study under an education
program approved by a United States school.
Subtitle D--Retirement and Survivor Benefit Matters
Sec. 641. Contingent authority for concurrent receipt of military
retired pay and veterans' disability compensation and
enhancement of special compensation authority.
Sec. 642. Survivor Benefit Plan annuities for surviving spouses of
members who die while on active duty and not eligible for
retirement.
Subtitle E--Other Matters
Sec. 651. Payment for unused leave in excess of 60 days accrued by
members of reserve components on active duty for one year or
less.
Sec. 652. Additional authority to provide assistance for families of
members of the Armed Forces.
Sec. 653. Authorization of transitional compensation and commissary and
exchange benefits for dependents of commissioned officers of
the Public Health Service and the National Oceanic and
Atmospheric Administration who are separated for dependent
abuse.
Sec. 654. Transfer of entitlement to educational assistance under
Montgomery GI Bill by members of the Armed Forces with
critical military skills.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
Sec. 701. Sub-acute and long-term care program reform.
Sec. 702. Prosthetics and hearing aids.
Sec. 703. Durable medical equipment.
Sec. 704. Rehabilitative therapy.
Sec. 705. Report on mental health benefits.
Sec. 706. Clarification of eligibility for reimbursement of travel
expenses of adult accompanying patient in travel for
specialty care.
Sec. 707. TRICARE program limitations on payment rates for institutional
health care providers and on balance billing by institutional
and noninstitutional health care providers.
Sec. 708. Improvements in administration of the TRICARE program.
Subtitle B--Senior Health Care
Sec. 711. Clarifications and improvements regarding the Department of
Defense Medicare-Eligible Retiree Health Care Fund.
Subtitle C--Studies and Reports
Sec. 721. Comptroller General study of health care coverage of members
of the reserve components of the Armed Forces and the
National Guard.
Sec. 722. Comptroller General study of adequacy and quality of health
care provided to women under the defense health program.
Sec. 723. Repeal of obsolete report requirement.
Sec. 724. Comptroller General report on requirement to provide
screenings, physical examinations, and other care for certain
members.
Subtitle D--Other Matters
Sec. 731. Prohibition against requiring military retirees to receive
health care solely through the Department of Defense.
Sec. 732. Fees for trauma and other medical care provided to civilians.
Sec. 733. Enhancement of medical product development.
Sec. 734. Pilot program providing for Department of Veterans Affairs
support in the performance of separation physical
examinations.
Sec. 735. Modification of prohibition on requirement of nonavailability
statement or preauthorization.
Sec. 736. Transitional health care for members separated from active
duty.
Sec. 737. Two-year extension of health care management demonstration
program.
Sec. 738. Joint DOD-VA pilot program for providing graduate medical
education and training for physicians.
[[Page 115 STAT. 1019]]
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Procurement Management and Administration
Sec. 801. Management of procurement of services.
Sec. 802. Savings goals for procurements of services.
Sec. 803. Competition requirement for purchase of services pursuant to
multiple award contracts.
Sec. 804. Reports on maturity of technology at initiation of major
defense acquisition programs.
Subtitle B--Use of Preferred Sources
Sec. 811. Applicability of competition requirements to purchases from a
required source.
Sec. 812. Extension of mentor-protege program.
Sec. 813. Increase of assistance limitation regarding procurement
technical assistance program.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Related Matters
Sec. 821. Amendments to conform with administrative changes in
acquisition phase and milestone terminology and to make
related adjustments in certain requirements applicable at
milestone transition points.
Sec. 822. Follow-on production contracts for products developed pursuant
to prototype projects.
Sec. 823. One-year extension of program applying simplified procedures
to certain commercial items.
Sec. 824. Acquisition workforce qualifications.
Sec. 825. Report on implementation of recommendations of the acquisition
2005 task force.
Subtitle D--Other Matters
Sec. 831. Identification of errors made by executive agencies in
payments to contractors and recovery of amounts erroneously
paid.
Sec. 832. Codification and modification of provision of law known as the
``Berry amendment''.
Sec. 833. Personal services contracts to be performed by individuals or
organizations abroad.
Sec. 834. Requirements regarding insensitive munitions.
Sec. 835. Inapplicability of limitation to small purchases of miniature
or instrument ball or roller bearings under certain
circumstances.
Sec. 836. Temporary emergency procurement authority to facilitate the
defense against terrorism or biological or chemical attack.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Duties and Functions of Department of Defense Officers
Sec. 901. Deputy Under Secretary of Defense for Personnel and Readiness.
Sec. 902. Sense of Congress on functions of new Office of Force
Transformation in the Office of the Secretary of Defense.
Sec. 903. Suspension of reorganization of engineering and technical
authority policy within the Naval Sea Systems Command pending
report to congressional committees.
Subtitle B--Space Activities
Sec. 911. Joint management of space programs.
Sec. 912. Requirement to establish in the Air Force an officer career
field for space.
Sec. 913. Secretary of Defense report on space activities.
Sec. 914. Comptroller General assessment of implementation of
recommendations of Space Commission.
Sec. 915. Sense of Congress regarding officers recommended to be
appointed to serve as Commander of United States Space
Command.
Subtitle C--Reports
Sec. 921. Revised requirement for Chairman of the Joint Chiefs of Staff
to advise Secretary of Defense on the assignment of roles and
missions to the Armed Forces.
Sec. 922. Revised requirements for content of annual report on joint
warfighting experimentation.
[[Page 115 STAT. 1020]]
Sec. 923. Repeal of requirement for one of three remaining required
reports on activities of Joint Requirements Oversight
Council.
Sec. 924. Revised joint report on establishment of national
collaborative information analysis capability.
Subtitle D--Other Matters
Sec. 931. Conforming amendments relating to change of name of Military
Airlift Command to Air Mobility Command.
Sec. 932. Organizational realignment for Navy Director for Expeditionary
Warfare.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of supplemental appropriations for fiscal year
2001.
Sec. 1004. United States contribution to NATO common-funded budgets in
fiscal year 2002.
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping
operations for fiscal year 2002.
Sec. 1006. Maximum amount for National Foreign Intelligence Program.
Sec. 1007. Clarification of applicability of interest penalties for late
payment of interim payments due under contracts
for services.
Sec. 1008. Reliability of Department of Defense financial statements.
Sec. 1009. Financial Management Modernization Executive Committee and
financial feeder systems compliance process.
Sec. 1010. Authorization of funds for ballistic missile defense programs
or combating terrorism programs of the Department
of Defense.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Authority to transfer naval vessels to certain foreign
countries.
Sec. 1012. Sale of Glomar Explorer to the lessee.
Sec. 1013. Leasing of Navy ships for university national oceanographic
laboratory system.
Sec. 1014. Increase in limitations on administrative authority of the
Navy to settle admiralty claims.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension and restatement of authority to provide Department
of Defense support for counter-drug activities of
other governmental agencies.
Sec. 1022. Extension of reporting requirement regarding Department of
Defense expenditures to support foreign counter-
drug activities.
Sec. 1023. Authority to transfer Tracker aircraft currently used by
Armed Forces for counter-drug purposes.
Sec. 1024. Limitation on use of funds for operation of Tethered Aerostat
Radar System pending submission of required
report.
Subtitle D--Strategic Forces
Sec. 1031. Repeal of limitation on retirement or dismantlement of
strategic nuclear delivery systems.
Sec. 1032. Air Force bomber force structure.
Sec. 1033. Additional element for revised nuclear posture review.
Sec. 1034. Report on options for modernization and enhancement of
missile wing helicopter support.
Subtitle E--Other Department of Defense Provisions
Sec. 1041. Secretary of Defense recommendation on need for Department of
Defense review of proposed Federal agency actions
to consider possible impact on national defense.
Sec. 1042. Department of Defense reports to Congress to be accompanied
by electronic version upon request.
Sec. 1043. Department of Defense gift authorities.
Sec. 1044. Acceleration of research, development, and production of
medical countermeasures for defense against
biological warfare agents.
Sec. 1045. Chemical and biological protective equipment for military
personnel and civilian employees of the Department
of Defense.
Sec. 1046. Sale of goods and services by Naval Magazine, Indian Island,
Alaska.
Sec. 1047. Report on procedures and guidelines for embarkation of
civilian guests on naval vessels for public
affairs purposes.
[[Page 115 STAT. 1021]]
Sec. 1048. Technical and clerical amendments.
Sec. 1049. 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.
Subtitle F--Other Matters
Sec. 1061. Assistance for firefighters.
Sec. 1062. Extension of times for Commission on the Future of the United
States Aerospace industry to report and to
terminate.
Sec. 1063. Appropriations to Radiation Exposure Compensation Trust Fund.
Sec. 1064. Waiver of vehicle weight limits during periods of national
emergency.
Sec. 1065. Repair, restoration, and preservation of Lafayette Escadrille
Memorial, Marnes-la-Coquette, France.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Department of Defense Civilian Personnel
Sec. 1101. Personnel pay and qualifications authority for Department of
Defense Pentagon Reservation civilian law
enforcement and security force.
Sec. 1102. Pilot program for payment of retraining expenses.
Sec. 1103. Authority of civilian employees to act as notaries.
Sec. 1104. Authority to appoint certain health care professionals in the
excepted service.
Subtitle B--Civilian Personnel Management Generally
Sec. 1111. Authority to provide hostile fire pay.
Sec. 1112. Payment of expenses to obtain professional credentials.
Sec. 1113. Parity in establishment of wage schedules and rates for
prevailing rate employees.
Sec. 1114. Modification of limitation on premium pay.
Sec. 1115. Participation of personnel in technical standards development
activities.
Sec. 1116. Retention of travel promotional items.
Sec. 1117. Applicability of certain laws to certain individuals assigned
to work in the Federal Government.
Subtitle C--Intelligence Civilian Personnel
Sec. 1121. Authority to increase maximum number of positions in the
Defense Intelligence Senior Executive Service.
Subtitle D--Matters Relating to Retirement
Sec. 1131. Improved portability of retirement coverage for employees
moving between civil service employment and
employment by nonappropriated fund
instrumentalities.
Sec. 1132. Federal employment retirement credit for nonappropriated fund
instrumentality service.
Sec. 1133. Modification of limitations on exercise of voluntary
separation incentive pay authority and voluntary
early retirement authority.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Related to Arms Control and Monitoring
Sec. 1201. Clarification of authority to furnish nuclear test monitoring
equipment to foreign governments.
Sec. 1202. Limitation on funding for Joint Data Exchange Center in
Moscow.
Sec. 1203. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
Sec. 1204. Authority for employees of Federal Government contractors to
accompany chemical weapons inspection teams at
Government-owned facilities.
Sec. 1205. Plan for securing nuclear weapons, material, and expertise of
the states of the former Soviet Union.
Subtitle B--Matters Relating to Allies and Friendly Foreign Nations
Sec. 1211. Acquisition of logistical support for security forces.
Sec. 1212. Extension of authority for international cooperative research
and development projects.
Sec. 1213. Cooperative agreements with foreign countries and
international organizations for reciprocal use of
test facilities.
Sec. 1214. Sense of Congress on allied defense burdensharing.
Subtitle C--Reports
Sec. 1221. Report on significant sales and transfers of military
hardware, expertise, and technology to the
People's Republic of China.
[[Page 115 STAT. 1022]]
Sec. 1222. Repeal of requirement for reporting to Congress on military
deployments to Haiti.
Sec. 1223. Report by Comptroller General on provision of defense
articles, services, and military education and
training to foreign countries and international
organizations.
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. Limitation on use of funds until submission of reports.
Sec. 1304. Requirement to consider 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 certain construction
activities.
Sec. 1307. Reports on activities and assistance under Cooperative Threat
Reduction programs.
Sec. 1308. Chemical weapons destruction.
Sec. 1309. Additional matter in annual report on activities and
assistance under Cooperative Threat Reduction
programs.
TITLE XIV--ARMED FORCES RETIREMENT HOME
Sec. 1401. Amendment of Armed Forces Retirement Home Act of 1991.
Sec. 1402. Definitions.
Sec. 1403. Revision of authority establishing the Armed Forces
Retirement Home.
Sec. 1404. Chief Operating Officer.
Sec. 1405. Residents of Retirement Home.
Sec. 1406. Local Boards of Trustees.
Sec. 1407. Directors, Deputy Directors, Associate Directors, and staff
of facilities.
Sec. 1408. Disposition of effects of deceased persons and unclaimed
property.
Sec. 1409. Transitional provisions.
Sec. 1410. Conforming and clerical amendments and repeals of obsolete
provisions.
TITLE XV--ACTIVITIES RELATING TO COMBATING TERRORISM
Subtitle A--Increased Funding for Combating Terrorism
Sec. 1501. Definitions.
Sec. 1502. Authorization of emergency appropriations for fiscal year
2001 made by Public Law 107-38 and allocated for
national defense functions.
Sec. 1503. Authorization of emergency supplemental appropriations for
fiscal year 2002.
Sec. 1504. Authorization of use of funds for military construction
projects.
Sec. 1505. Treatment of transferred amounts.
Sec. 1506. Quarterly reports.
Subtitle B--Policy Matters Relating to Combating Terrorism
Sec. 1511. Study and report on the role of the Department of Defense
with respect to homeland security.
Sec. 1512. Combating Terrorism Readiness Initiatives Fund for combatant
commands.
Sec. 1513. Conveyances of equipment and related materials loaned to
State and local governments as assistance for
emergency response to a use or threatened use of a
weapon of mass destruction.
Sec. 1514. Two-year extension of advisory panel to assess domestic
response capabilities for terrorism involving
weapons of mass destruction.
TITLE XVI--UNIFORMED SERVICES VOTING
Sec. 1601. Sense of Congress regarding the importance of voting.
Sec. 1602. Voting assistance programs.
Sec. 1603. Guarantee of residency for military personnel.
Sec. 1604. Electronic voting demonstration project.
Sec. 1605. Governors' reports on implementation of recommendations for
changes in State law made under Federal Voting
Assistance Program.
Sec. 1606. Simplification of voter registration and absentee ballot
application procedures for absent uniformed
services and overseas voters.
Sec. 1607. Use of certain Department of Defense facilities as polling
places.
[[Page 115 STAT. 1023]]
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.
Sec. 2106. Modification of authority to carry out certain fiscal year
2000 projects.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2001 projects.
Sec. 2206. Modification of authority to carry out 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 projects.
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. Cancellation of authority to carry out certain fiscal year
2001 projects.
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.
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 thresholds for certain unspecified minor military
construction projects.
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. Funds for housing allowances of members assigned to military
family housing under alternative authority for
acquisition and improvement of military housing.
Sec. 2805. Extension of alternative authority for acquisition and
improvement of military housing.
[[Page 115 STAT. 1024]]
Sec. 2806. Treatment of financing costs as allowable expenses under
contracts for utility services from utility
systems conveyed under privatization initiative.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Use of military installations for certain recreational
activities.
Sec. 2812. Availability of proceeds of sales of Department of Defense
property from certain closed military
installations.
Sec. 2813. Pilot program to provide additional tools for efficient
operation of military installations.
Sec. 2814. Demonstration program on reduction in long-term facility
maintenance costs.
Sec. 2815. Base efficiency project at Brooks Air Force Base, Texas.
Subtitle C--Implementation of Prior Base Closure and Realignment Rounds
Sec. 2821. Lease back of base closure property.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Land conveyance, Whittier-Anchorage Pipeline Tank Farm,
Anchorage, Alaska.
Sec. 2832. Lease authority, Fort Derussy, Hawaii.
Sec. 2833. Modification of land exchange, Rock Island Arsenal, Illinois.
Sec. 2834. Land conveyance, Fort Des Moines, Iowa.
Sec. 2835. Modification of land conveyances, Fort Dix, New Jersey.
Sec. 2836. Land conveyance, Engineer Proving Ground, Fort Belvoir,
Virginia.
Sec. 2837. Land exchange and consolidation, Fort Lewis, Washington.
Sec. 2838. Land conveyance, Army Reserve Center, Kewaunee, Wisconsin.
Part II--Navy Conveyances
Sec. 2841. Transfer of jurisdiction, Centerville Beach Naval Station,
Humboldt County, California.
Sec. 2842. Land conveyance, Port of Long Beach, California.
Sec. 2843. Conveyance of pier, Naval Base, San Diego, California.
Sec. 2844. Modification of authority for conveyance of Naval Computer
and Telecommunications Station, Cutler, Maine.
Sec. 2845. Land transfer and conveyance, Naval Security Group Activity,
Winter Harbor, Maine.
Sec. 2846. Land acquisition, Perquimans County, North Carolina.
Sec. 2847. Land conveyance, Naval Weapons Industrial Reserve Plant,
Toledo, Ohio.
Sec. 2848. Modification of land conveyance, former United States Marine
Corps Air Station, Eagle Mountain Lake, Texas.
Part III--Air Force Conveyances
Sec. 2851. Conveyance of avigation easements, former Norton Air Force
Base, California.
Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base,
Colorado.
Sec. 2853. Water rights conveyance, Andersen Air Force Base, Guam.
Sec. 2854. Conveyance of segment of Loring petroleum pipeline, Maine,
and related easements.
Sec. 2855. Land conveyance, petroleum terminal serving former Loring Air
Force Base and Bangor Air National Guard Base,
Maine.
Sec. 2856. Land conveyances, certain former Minuteman III ICBM
facilities in North Dakota.
Sec. 2857. Land conveyances, Charleston Air Force Base, South Carolina.
Sec. 2858. Transfer of jurisdiction, Mukilteo Tank Farm, Everett,
Washington.
Subtitle E--Other Matters
Sec. 2861. Management of the Presidio of San Francisco.
Sec. 2862. Transfer of jurisdiction for development of Air Force morale,
welfare, and recreation facility, Park City, Utah.
Sec. 2863. Alternate site for United States Air Force Memorial,
preservation of open space on Arlington Ridge
tract, and related land transfer at Arlington
National Cemetery, Virginia.
Sec. 2864. Establishment of memorial to victims of terrorist attack on
Pentagon Reservation and authority to accept
monetary contributions for memorial and repair of
Pentagon.
[[Page 115 STAT. 1025]]
Sec. 2865. Repeal of limitation on cost of renovation of Pentagon
Reservation.
Sec. 2866. Development of United States Army Heritage and Education
Center at Carlisle Barracks, Pennsylvania.
Sec. 2867. Effect of limitation on construction of roads or highways,
Marine Corps Base, Camp Pendleton, California.
Sec. 2868. Establishment of World War II memorial at additional location
on Guam.
Sec. 2869. Demonstration project for purchase of fire, security, police,
public works, and utility services from local
government agencies.
Sec. 2870. Report on future land needs of United States Military
Academy, New York, and adjacent community.
Sec. 2871. Naming of Patricia C. Lamar Army National Guard Readiness
Center, Oxford, Mississippi.
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.
TITLE XXX--REALIGNMENT AND CLOSURE OF MILITARY INSTALLATIONS AND
PREPARATION OF INFRASTRUCTURE PLAN FOR THE NUCLEAR WEAPONS COMPLEX
Sec. 3001. Authorization of round of realignments and closures of
military installations in 2005.
Sec. 3002. Selection criteria.
Sec. 3003. Revised procedures for making recommendations for
realignments and closures and commission
consideration of recommendations.
Sec. 3004. Limitations on privatization in place.
Sec. 3005. Department of Defense Base Closure Account 2005.
Sec. 3006. Implementation of closure and realignment decisions.
Sec. 3007. Technical and clarifying amendments.
Sec. 3008. Preparation of infrastructure plan for the nuclear weapons
complex.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on minor construction projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfer of defense environmental management funds.
Sec. 3130. Transfer of weapons activities funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Consolidation of Nuclear Cities Initiative program with
Initiatives for Proliferation Prevention program.
[[Page 115 STAT. 1026]]
Sec. 3132. Nuclear Cities Initiative.
Sec. 3133. Limitation on availability of funds for weapons activities
for facilities and infrastructure.
Sec. 3134. Limitation on availability of funds for other defense
activities for national security programs
administrative support.
Sec. 3135. Termination date of Office of River Protection, Richland,
Washington.
Sec. 3136. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.
Sec. 3137. Reports on achievement of milestones for National Ignition
Facility.
Subtitle D--Matters Relating to Management of the National Nuclear
Security Administration
Sec. 3141. Establishment of Principal Deputy Administrator of National
Nuclear Security Administration.
Sec. 3142. Elimination of requirement that national security
laboratories and nuclear weapons production
facilities report to Deputy Administrator for
Defense Programs.
Sec. 3143. Repeal of duplicative provision relating to dual office
holding by personnel of National Nuclear Security
Administration.
Sec. 3144. Report on adequacy of Federal pay and hiring authorities to
meet personnel requirements of National Nuclear
Security Administration.
Subtitle E--Other Matters
Sec. 3151. Improvements to Energy Employees Occupational Illness
Compensation Program.
Sec. 3152. Department of Energy counterintelligence polygraph program.
Sec. 3153. One-year extension of authority of Department of Energy to
pay voluntary separation incentive payments.
Sec. 3154. Annual assessment and report on vulnerability of Department
of Energy facilities to terrorist attack.
Sec. 3155. Disposition of surplus defense plutonium at Savannah River
Site, Aiken, South Carolina.
Sec. 3156. Modification of date of report of panel to assess the
reliability, safety, and security of the United
States nuclear stockpile.
Subtitle F--Rocky Flats National Wildlife Refuge
Sec. 3171. Short title.
Sec. 3172. Findings and purposes.
Sec. 3173. Definitions.
Sec. 3174. Future ownership and management.
Sec. 3175. Transfer of management responsibilities and jurisdiction over
Rocky Flats.
Sec. 3176. Administration of retained property; continuation of cleanup
and closure.
Sec. 3177. Rocky Flats National Wildlife Refuge.
Sec. 3178. Comprehensive planning process.
Sec. 3179. Property rights.
Sec. 3180. Liabilities and other obligations.
Sec. 3181. Rocky Flats Museum.
Sec. 3182. Annual report on funding.
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. Authority to dispose of certain materials in National Defense
Stockpile.
Sec. 3304. Revision of limitations on required disposals of certain
materials in National Defense Stockpile.
Sec. 3305. Acceleration of required disposal of cobalt in National
Defense Stockpile.
Sec. 3306. Restriction on disposal of manganese ferro.
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.
[[Page 115 STAT. 1027]]
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.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical Agents and Munitions Destruction, Defense.
Sec. 107. Defense Health Program.
Subtitle B--Army Programs
Sec. 111. Repeal of limitations on bunker defeat munitions program.
Sec. 112. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial facilities without
regard to availability from domestic sources.
Sec. 113. Limitations on acquisition of interim armored vehicles and
deployment of interim brigade combat teams.
Subtitle C--Navy Programs
Sec. 121. Virginia class submarine program.
Sec. 122. Multiyear procurement authority for F/A-18E/F aircraft
engines.
Sec. 123. V-22 Osprey aircraft program.
Sec. 124. Report on status of V-22 Osprey aircraft before resumption of
flight testing.
Subtitle D--Air Force Programs
Sec. 131. Multiyear procurement authority for C-17 aircraft.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2002
for procurement for the Army as follows:
(1) For aircraft, $2,075,372,000.
(2) For missiles, $1,086,954,000.
(3) For weapons and tracked combat vehicles, $2,348,145,000.
(4) For ammunition, $1,187,233,000.
(5) For other procurement, $4,044,080,000.
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, $8,323,147,000.
(2) For weapons, including missiles and torpedoes,
$1,484,321,000.
[[Page 115 STAT. 1028]]
(3) For shipbuilding and conversion, $9,370,972,000.
(4) For other procurement, $4,282,471,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2002 for procurement for the Marine Corps in the amount
of $1,014,637,000.
(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 $466,907,000.
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, $10,789,167,000.
(2) For missiles, $3,222,636,000.
(3) For ammunition, $881,844,000.
(4) For other procurement, $8,196,021,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2002
for Defense-wide procurement in the amount of $2,279,482,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2002
for procurement for the Inspector General of the Department of Defense
in the amount of $2,800,000.
SEC. 106. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
There is hereby authorized to be appropriated for fiscal year 2002
for the Department of Defense for Chemical Agents and Munitions
Destruction, Defense, the amount of $1,153,557,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 107. DEFENSE HEALTH PROGRAM.
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. 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.
[[Page 115 STAT. 1029]]
SEC. 112. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED
ARTICLES AND SERVICES OF CERTAIN ARMY
INDUSTRIAL FACILITIES WITHOUT REGARD TO
AVAILABILITY FROM DOMESTIC SOURCES.
Section 141(a) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 4543 note) is amended--
(1) by striking ``through 2001'' and inserting ``through
2002''; and
(2) by inserting before the period at the end the following:
``, except that during fiscal year 2002 the Secretary may only
use articles manufactured at, and services provided by, not more
than one Army industrial facility''.
SEC. 113. LIMITATIONS ON ACQUISITION OF INTERIM ARMORED VEHICLES
AND DEPLOYMENT OF INTERIM BRIGADE COMBAT
TEAMS.
Section 113 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-23) is amended--
(1) by redesignating subsection (f) as subsection (j); and
(2) by inserting after subsection (e) the following new
subsections:
``(f) Waiver of Comparison Requirement.--The Secretary of Defense
may waive subsections (c) and (e)(1) and submit to the congressional
defense committees a certification under subsection (e)(2) without
regard to the requirement in that subsection for the completion of a
comparison of costs and operational effectiveness if the Secretary
includes in the submittal a certification of each of the following:
``(1) That the results of executed tests and existing
analyses are sufficient for making a meaningful comparison of
the costs and operational effectiveness of the interim armored
vehicles referred to in subparagraph (A) of subsection (c)(1)
and the medium armored vehicles referred to in subparagraph (B)
of such subsection.
``(2) That the conduct of a comparative evaluation of those
vehicles in a realistic field environment would provide no
significant additional data relevant to that comparison.
``(3) That the Secretary has evaluated the existing data on
cost and operational effectiveness of those vehicles and, taking
that data into consideration, approves the obligation of funds
for the acquisition of additional interim armored vehicles.
``(4) That sufficient resources will be requested in the
future-years defense program to fully fund the Army's
requirements for interim brigade combat teams.
``(5) That the force structure resulting from the
establishment of the interim brigade combat teams and the
subsequent achievement of operational capability by those teams
will not diminish the combat power of the Army.
``(g) Experimentation Program.--The Secretary of the Army shall
develop and provide resources for an experimentation program that will--
``(1) provide information as to the design of the objective
force; and
[[Page 115 STAT. 1030]]
``(2) include a formal linkage of the interim brigade combat
teams to that experimentation.
``(h) Operational Evaluation.--(1) The Secretary of the Army shall
conduct an operational evaluation of the initial interim brigade combat
team. The evaluation shall include deployment of the team to the
evaluation site and team execution of combat missions across the full
spectrum of potential threats and operational scenarios.
``(2) The operational evaluation under paragraph (1) may not be
conducted until the plan for such evaluation is approved by the Director
of Operational Test and Evaluation of the Department of Defense.
``(i) Limitation on Procurement of Interim Armored Vehicles and
Deployment of IBCTs.--(1) The actions described in paragraph (2) may not
be taken until the date that is 30 days after the date on which the
Secretary of Defense--
``(A) <<NOTE: Reports.>> submits to Congress a report on the
operational evaluation carried out under subsection (h); and
``(B) <<NOTE: Certification.>> certifies to Congress that
the results of that operational evaluation indicate that the
design for the interim brigade combat team is operationally
effective and operationally suitable.
``(2) The limitation in paragraph (1) applies to the following
actions:
``(A) Procurement of interim armored vehicles in addition to
those necessary for equipping the first three interim brigade
combat teams.
``(B) Deployment of any interim brigade combat team outside
the United States.
``(3) The Secretary of Defense may waive the applicability of
paragraph (1) to a deployment described in paragraph (2)(B) if the
Secretary--
``(A) determines that the deployment is in the national
security interests of the United States; and
``(B) submits to Congress, in writing, a notification of the
waiver together with a discussion of the reasons for the
waiver.''.
Subtitle C--Navy Programs
SEC. 121. VIRGINIA CLASS SUBMARINE PROGRAM.
Section 123(b)(1) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-25) is amended--
(1) by striking ``five Virginia class submarines'' and
inserting ``seven Virginia class submarines''; and
(2) by striking ``2006'' and inserting ``2007''.
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E/F AIRCRAFT
ENGINES.
(a) Multiyear Authority.--Beginning with the 2002 program year, the
Secretary of the Navy may, in accordance with section 2306b of title 10,
United States Code, enter into a multiyear contract for the procurement
of engines for F/A-18E/F aircraft.
(b) Required Certifications.--In the case of a contract authorized
by subsection (a) of this section, a certification under subsection
(i)(1)(A) of section 2306b of title 10, United States Code,
[[Page 115 STAT. 1031]]
with respect to that contract may only be submitted if the certification
includes an additional certification that each of the conditions
specified in subsection (a) of that section has been satisfied with
respect to that contract.
(c) Congressional Notice-and-Wait Period.--Upon transmission to
Congress of a certification referred to in subsection (b) with respect
to a contract authorized by subsection (a), the contract may then be
entered into only after a period of 30 days has elapsed after the date
of the transmission of such certification.
SEC. 123. V-22 OSPREY AIRCRAFT PROGRAM.
The production rate for V-22 Osprey aircraft may not be increased
above the minimum sustaining production rate for which funds are
authorized to be appropriated by this Act until the Secretary of Defense
certifies to Congress that successful operational testing of the
aircraft demonstrates that--
(1) the solutions to the problems regarding the reliability
of hydraulic system components and flight control software that
were identified by the panel appointed by the Secretary of
Defense on January 5, 2001, to review the V-22 aircraft program
are adequate to achieve low risk for crews and passengers aboard
V-22 aircraft that are operating under operational conditions;
(2) the V-22 aircraft can achieve reliability and
maintainability levels that are sufficient for the aircraft to
achieve operational availability at the level required for fleet
aircraft;
(3) the V-22 aircraft will be operationally effective--
(A) when employed in operations with other V-22
aircraft; and
(B) when employed in operations with other types of
aircraft; and
(4) the V-22 aircraft can be operated effectively, taking
into consideration the downwash effects inherent in the
operation of the aircraft, when the aircraft--
(A) is operated in remote areas with unimproved
terrain and facilities;
(B) is deploying and recovering personnel--
(i) while hovering within the zone of ground
effect; and
(ii) while hovering outside the zone of ground
effect; and
(C) is operated with external loads.
SEC. 124. REPORT ON STATUS OF V-22 OSPREY AIRCRAFT BEFORE
RESUMPTION OF FLIGHT TESTING.
Not <<NOTE: Deadline.>> later than 30 days before the resumption of
flight testing of the V-22 Osprey aircraft, the Secretary of Defense
shall submit to Congress a report containing the following:
(1) A comprehensive description of the status of the
hydraulics system and flight control software of the V-22 Osprey
aircraft, including--
(A) a description and analysis of any deficiencies
in the hydraulics system and flight control software of
the V-22 Osprey aircraft; and
(B) a description and assessment of the actions
taken to redress each such deficiency.
[[Page 115 STAT. 1032]]
(2) A description of the current actions, and any proposed
actions, of the Department of Defense to implement the
recommendations of the panel appointed by the Secretary of
Defense on January 5, 2001, to review the V-22 aircraft program.
(3) An assessment of the recommendations of the National
Aeronautics and Space Administration on tiltrotor aeromechanics
provided in a briefing to the Undersecretary of Defense for
Acquisition, Logistics, and Technology on August 14, 2001.
(4) Notice of the waiver, if any, of any item capability or
any other requirement specified in the Joint Operational
Requirements Document for the V-22 Osprey aircraft, including a
justification of each such waiver.
Subtitle D--Air Force Programs
SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR C-17 AIRCRAFT.
(a) Multiyear Authority.--Beginning with the 2002 program year, the
Secretary of the Air Force may enter into a multiyear contract for the
procurement of up to 60 C-17 aircraft. Such a contract shall be entered
into in accordance with section 2306b of title 10, United States Code,
except that, notwithstanding subsection (k) of such section, such a
contract may be for a period of six program years.
(b) Required Certifications.--In the case of a contract authorized
by subsection (a) of this section, a certification under subsection
(i)(1)(A) of section 2306b of title 10, United States Code, with respect
to that contract may only be submitted if the certification includes an
additional certification that each of the conditions specified in
subsection (a) of that section has been satisfied with respect to that
contract.
(c) Congressional Notice-and-Wait Period.--Upon transmission to
Congress of a certification referred to in subsection (b) with respect
to a contract authorized by subsection (a), the contract may then be
entered into only after a period of 30 days has elapsed after the date
of the transmission of such certification.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Supplemental authorization of appropriations for fiscal year
2001 for research, development, test, and evaluation,
Defense-wide.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Naval surface fire support assessment.
Sec. 212. Collaborative program for development of advanced radar
systems.
Sec. 213. Repeal of limitations on total cost of engineering and
manufacturing development for F-22 aircraft program.
Sec. 214. Joint biological defense program.
Sec. 215. Cooperative Department of Defense-Department of Veterans
Affairs medical research program.
Sec. 216. C-5 aircraft reliability enhancement and reengining program.
[[Page 115 STAT. 1034]]
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. Program elements for Ballistic Missile Defense Organization.
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. Construction of test bed facilities for missile defense
system.
Subtitle D--Air Force Science and Technology for the 21st Century
Sec. 251. Short title.
Sec. 252. Science and technology investment and development planning.
Sec. 253. Study and report on effectiveness of Air Force science and
technology program changes.
Subtitle E--Other Matters
Sec. 261. Establishment of unmanned aerial vehicle joint operational
test bed system.
Sec. 262. 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. 263. Communication of safety concerns from operational test and
evaluation officials to program managers.
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, $6,675,325,000.
(2) For the Navy, $10,784,264,000.
(3) For the Air Force, $14,407,187,000.
(4) For Defense-wide activities, $14,593,995,000, of which
$221,355,000 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, $5,070,605,000 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.
SEC. 203. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR FISCAL
YEAR 2001 FOR RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION, DEFENSE-WIDE.
In addition to the funds authorized to be appropriated under section
201(4) 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-32), there is hereby authorized to be appropriated $1,000,000 for
fiscal year 2001 for the use of the Department of Defense for research,
development, test, and evaluation, for Defense-wide activities.
[[Page 115 STAT. 1034]]
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. NAVAL SURFACE FIRE SUPPORT ASSESSMENT.
(a) Assessment Required.--The Secretary of Defense shall carry out
an assessment of the requirements for naval surface fire support of
ground forces operating in the littoral environment, including the role
of an advanced fire support missile system for Navy combatant vessels.
The matters assessed shall include the Secretary of the Navy's program
plan, schedule, and funding for meeting such requirements.
(b) Report.--Not <<NOTE: Deadline.>> later than March 31, 2002, the
Secretary of Defense shall submit to the congressional defense
committees a report containing the results of the assessment required by
subsection (a).
SEC. 212. COLLABORATIVE PROGRAM FOR DEVELOPMENT OF ADVANCED RADAR
SYSTEMS.
(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 by the Director of Defense Research and
Engineering, the Secretary of the Navy, the Director of the Defense
Advanced Research Projects Agency, and other appropriate elements of the
Department of Defense. The program shall include the following
activities:
(1) Activities needed for development and maturation of the
technologies for advanced electronics materials to extend the
range and sensitivity of radars.
(2) Identification of acquisition systems for use of the new
technology.
(c) Report.--Not <<NOTE: Deadline.>> later than March 31, 2002, the
Director of Defense Research and Engineering shall submit to the
congressional defense committees a report on the implementation of the
program under subsection (a). The report shall include the following:
(1) A description of the management plan for the program and
any agreements relating to that plan.
(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.
SEC. 213. REPEAL OF LIMITATIONS ON TOTAL COST OF ENGINEERING AND
MANUFACTURING DEVELOPMENT FOR F-22
AIRCRAFT PROGRAM.
(a) Repeal.--The following provisions of law are repealed:
(1) Section 217(a) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1660).
(2) Section 8125 of the Department of Defense Appropriations
Act, 2001 (Public Law 106-259; 114 Stat. 702).
(3) Section 219(b) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-38).
[[Page 115 STAT. 1035]]
(b) Conforming Amendments.--(1) Section 217 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1660), as amended by subsection (a)(1), is further amended--
(A) in subsection (c)--
(i) by striking ``limitations set forth in
subsections (a) and (b)'' and inserting ``limitation set
forth in subsection (b)''; and
(ii) by striking paragraph (3); and
(B) in subsection (d)(2), by striking subparagraphs (D) and
(E).
(2) Section 131 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 536) is amended--
(A) in subsection (a)(2), by striking ``That the'' and all
that follows through ``respectively,'' and inserting ``That the
production phase for that program can be executed within the
limitation on total cost applicable to that program under
subsection (b)''; and
(B) in subsection (b)(3), by striking ``for the remainder of
the engineering and manufacturing development phase and''.
SEC. 214. JOINT BIOLOGICAL DEFENSE PROGRAM.
Section 217(a) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-36) is amended by striking ``funds authorized to be
appropriated by this Act may not'' and inserting ``no funds authorized
to be appropriated to the Department of Defense for fiscal year 2002
may''.
SEC. 215. COOPERATIVE DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS
AFFAIRS MEDICAL RESEARCH PROGRAM.
Of the funds authorized to be appropriated by section 201(4),
$2,500,000 shall be available for the cooperative Department of Defense/
Department of Veterans Affairs medical research program.
The <<NOTE: Deadline.>> 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. 216. C-5 AIRCRAFT RELIABILITY ENHANCEMENT AND REENGINING
PROGRAM.
(a) Kit Development.--The Secretary of the Air Force shall ensure
that engineering manufacturing and development under the C-5 aircraft
reliability enhancement and reengining program includes kit development
for at least one C-5A aircraft.
(b) Aircraft To Be Used for Kit Development.--The C-5A aircraft to
be used for purposes of the kit development under subsection (a) shall
be an aircraft from among the 74 C-5A aircraft of the Air Force.
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.--Section 224
of title 10, United States Code is amended--
[[Page 115 STAT. 1036]]
(1) in subsection (a), by striking ``procurement'' both
places it appears and inserting ``research, development, test,
and evaluation''; and
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Transfer Criteria.--(1) The Secretary of Defense shall
establish criteria for the transfer of responsibility for a ballistic
missile defense program from the Director of the Ballistic Missile
Defense Organization to the Secretary of a military department. The
criteria established for such a transfer shall, at a minimum, address
the following:
``(A) The technical maturity of the program.
``(B) The availability of facilities for production.
``(C) The commitment of the Secretary of the military
department concerned to procurement funding for that program, as
shown by funding through the future-years defense program and
other defense planning documents.
``(2) The Secretary shall submit the criteria established, and any
modifications to those criteria, to the congressional defense
committees.
``(c) Notification of Transfer.--Before responsibility for a
ballistic missile defense program is transferred from the Director of
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.
``(d) Conforming Budget and Planning Transfers.--When a ballistic
missile defense program is transferred from the Ballistic Missile
Defense Organization to the Secretary of a military department in
accordance with this section, the Secretary of Defense shall ensure that
all appropriate conforming changes are made to proposed or projected
funding allocations in the future-years defense program under section
221 of this title and other Department of Defense program, budget, and
planning documents.
``(e) Follow-on Research, Development, Test, and Evaluation.--The
Secretary of Defense shall ensure that, before a ballistic missile
defense program is transferred from the Director of the Ballistic
Missile Defense Organization to the Secretary of a military department,
roles and responsibilities for research, development, test, and
evaluation related to system improvements for that program are clearly
defined.
``(f) Congressional Defense Committees.--In this section, the term
`congressional defense committees' means the following:
``(1) The Committee on Armed Services and the Committee on
Appropriations of the Senate.
``(2) The Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.''.
(b) Clerical Amendments.--(1) The heading of that section is amended
to read as follows:
[[Page 115 STAT. 1037]]
``Sec. 224. Ballistic missile defense programs: display of amounts
for research, development, test, and
evaluation''.
(2) The item relating to that section 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.''.
SEC. 232. PROGRAM ELEMENTS FOR BALLISTIC MISSILE DEFENSE
ORGANIZATION.
(a) Revision in Program Elements.--Subsection (a) of section 223 of
title 10, United States Code, is amended--
(1) by striking ``in accordance with the following program
elements:'' and inserting ``in accordance with program elements
governing functional areas as follows:''; and
(2) by striking paragraphs (1) through (12) and inserting
the following:
``(1) Technology.
``(2) Ballistic Missile Defense System.
``(3) Terminal Defense Segment.
``(4) Midcourse Defense Segment.
``(5) Boost Defense Segment.
``(6) Sensors Segment.''.
(b) Additional Requirements.--Subsection (b) of such section is
amended to read as follows:
``(b) Separate Program Elements for Programs Entering Engineering
and Manufacturing Development.--(1) The Secretary of Defense shall
ensure that each ballistic missile defense program that enters
engineering and manufacturing development is assigned a separate,
dedicated program element.
``(2) In this subsection, the term `engineering and manufacturing
development' means the development phase whose primary objectives are
to--
``(A) translate the most promising design approach into a
stable, interoperable, producible, supportable, and cost-
effective design;
``(B) validate the manufacturing or production process; and
``(C) demonstrate system capabilities through testing.''.
(c) Requirement <<NOTE: 10 USC 2431 note.>> for Annual Program
Goals.--(1) The Secretary of Defense shall each year establish cost,
schedule, testing, and performance goals for the ballistic missile
defense programs of the Department of Defense for the period covered by
the future-years defense program that is submitted to Congress that year
under section 221 of title 10, United States
Code. <<NOTE: Deadline.>> Not later than February 1 each year, the
Secretary shall submit to the congressional defense committees a
statement of the goals so established.
(2) The statement of goals submitted under paragraph (1) for any
year after 2002 shall be an update of the statement submitted under that
paragraph for the preceding year.
(3) Each statement of goals submitted under paragraph (1) shall set
forth cost, schedule, testing, and performance goals that pertain to
each functional area program element identified in subsection (a), and
each program element identified in subsection (b), of section 223 of
title 10, United States Code.
(d) Annual <<NOTE: 10 USC 2431 note.>> Program Plan.--(1) With the
submission of the statement of goals under subsection (c) for any year,
the Secretary
[[Page 115 STAT. 1038]]
of Defense shall submit to the congressional defense committees a
program of activities planned to be carried out for each missile defense
program that enters engineering and manufacturing development (as
defined in section 223(b)(2) of title 10, United States Code, as added
by subsection (b)).
(2) Each program plan under paragraph (1) shall include the
following:
(A) A funding profile that includes an estimate of--
(i) the total expenditures to be made in the fiscal
year in which the plan is submitted and the following
fiscal year, together with the estimated total life-
cycle costs of the program; and
(ii) a display of such expenditures (shown for
significant procurement, construction, and research and
development) for the fiscal year in which the plan is
submitted and the following fiscal year.
(B) A program schedule for the fiscal year in which the plan
is submitted and the following fiscal year for each of the
following:
(i) Significant procurement.
(ii) Construction.
(iii) Research and development.
(iv) Flight tests.
(v) Other significant testing activities.
(3) Information specified in paragraph (2) need not be included in
the plan for any year under paragraph (1) to the extent such information
has already been provided, or will be provided in the current fiscal
year, in annual budget justification documents of the Department of
Defense submitted to Congress or in other required reports to Congress.
(e) Internal <<NOTE: 10 USC 2431 note.>> DOD Reviews.--(1) The
officials and elements of the Department of Defense specified in
paragraph (2) shall on an ongoing basis--
(A) review the development of goals under subsection (c) and
the annual program plan under subsection (d); and
(B) provide to the Secretary of Defense and the Director of
the Ballistic Missile Defense Organization any comments on such
matters as considered appropriate.
(2) Paragraph (1) applies with respect to the following:
(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
(B) The Director of Operational Test and Evaluation.
(C) The Director of Program Analysis and Evaluation.
(D) The Joint Requirements Oversight Council.
(E) The Cost Analysis and Improvement Group.
(f) Demonstration <<NOTE: 10 USC 2431 note.>> of Critical
Technologies.--(1) The Director of the Ballistic Missile Defense
Organization shall develop a plan for ensuring that each critical
technology for a missile defense program is successfully demonstrated in
an appropriate environment before that technology enters into
operational service as part of a missile defense program.
(2) The Director of Operational Test and Evaluation of the
Department of Defense shall monitor the development of the plan under
paragraph (1) and shall submit to the Director of the Ballistic Missile
Defense Organization any comments regarding that plan that the Director
of Operational Test and Evaluation considers appropriate.
[[Page 115 STAT. 1039]]
(g) Comptroller <<NOTE: 10 USC 2431 note.>> General Assessment.--(1)
At the conclusion of each of fiscal years 2002 and 2003, the Comptroller
General of the United States shall assess the extent to which the
Ballistic Missile Defense Organization achieved the goals established
under subsection (c) for such fiscal year.
(2) <<NOTE: Deadlines. Reports.>> Not later than February 15, 2003,
and February 15, 2004, the Comptroller General shall submit to the
congressional defense committees a report on the Comptroller General's
assessment under paragraph (1) with respect to the preceding fiscal
year.
(h) Annual <<NOTE: 10 USC 2431 note.>> OT&E Assessment of Test
Program.--(1) The Director of Operational Test and Evaluation shall each
year assess the adequacy and sufficiency of the Ballistic Missile
Defense Organization test program during the preceding fiscal year.
(2) <<NOTE: Deadline. Reports.>> Not later than February 15 each
year the Director shall submit to the congressional defense committees a
report on the assessment under paragraph (1) with respect to the
preceding fiscal year.
SEC. 233. SUPPORT OF BALLISTIC MISSILE DEFENSE ACTIVITIES OF THE
DEPARTMENT OF DEFENSE BY THE NATIONAL
DEFENSE LABORATORIES OF THE DEPARTMENT OF
ENERGY.
(a) Funds To Carry Out Certain Ballistic Missile Defense
Activities.--Of the amounts authorized to be appropriated to the
Department of Defense pursuant to section 201(4), $25,000,000 shall be
available, subject to subsection (b) and at the discretion of the
Director of the 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. <<NOTE: 10 USC 2431 note.>> MISSILE DEFENSE TESTING
INITIATIVE.
(a) Testing Infrastructure.--(1) The Secretary of Defense shall
ensure that each annual budget request of the Department of Defense--
[[Page 115 STAT. 1040]]
(A) is designed to provide for comprehensive testing of
ballistic missile defense programs during early stages of
development; and
(B) includes necessary funding to support and improve test
infrastructure and provide adequate test assets for the testing
of such programs.
(2) The Secretary shall ensure that ballistic missile defense
programs incorporate, to the greatest possible extent, operationally
realistic test configurations (referred to as ``test bed''
configurations) to demonstrate system performance across a broad range
of capability and, during final stages of operational testing, to
demonstrate reliable performance.
(3) The Secretary shall ensure that the test infrastructure for
ballistic missile defense programs is capable of supporting continued
testing of ballistic missile defense systems after deployment.
(b) Requirements for Early Stages of System Development.--In order
to demonstrate acceptable risk and developmental stability, the
Secretary of Defense shall ensure that any ballistic missile defense
program incorporates, to the maximum extent practicable, the following
elements during the early stages of system development:
(1) Pursuit of parallel conceptual approaches and
technological paths for all critical problematic components
until effective and reliable solutions can be demonstrated.
(2) Comprehensive ground testing in conjunction with flight-
testing for key elements of the proposed system that are
considered to present high risk, with such ground testing to
make use of existing facilities and combinations of facilities
that support testing at the highest possible levels of
integration.
(3) Where appropriate, expenditures to enhance the
capabilities of existing test facilities, or to construct new
test facilities, to support alternative complementary test
methodologies.
(4) Sufficient funding of test instrumentation to ensure
accurate measurement of all critical test events.
(5) Incorporation into the program of sufficient schedule
flexibility and expendable test assets, including missile
interceptors and targets, to ensure that failed or aborted tests
can be repeated in a prudent, but expeditious manner.
(6) Incorporation into flight-test planning for the program,
where possible, of--
(A) methods that make the most cost-effective use of
test opportunities;
(B) events to demonstrate engagement of multiple
targets, ``shoot-look-shoot'', and other planned
operational concepts; and
(C) exploitation of opportunities to facilitate
early development and demonstration of ``family of
systems'' concepts.
(c) Specific Requirements for Ground-Based Mid-Course Interceptor
Systems.--For ground-based mid-course interceptor systems, the Secretary
of Defense shall initiate steps during fiscal year 2002 to establish a
flight-test capability of launching not less than three missile defense
interceptors and not less than two ballistic missile targets to provide
a realistic test infrastructure.
[[Page 115 STAT. 1041]]
SEC. 235. CONSTRUCTION OF TEST BED FACILITIES FOR MISSILE DEFENSE
SYSTEM.
(a) Authority To Acquire or Construct Facilities.--(1) The Secretary
of Defense, using funds appropriated to the Department of Defense for
research, development, test, and evaluation for fiscal years after
fiscal year 2001 that are available for programs of the Ballistic
Missile Defense Organization, may carry out all construction projects,
or portions of construction projects, including projects for the
acquisition, improvement, or construction of facilities, necessary to
establish and operate the Missile Defense System Test Bed.
(2) The authority provided in subsection (a) may be used to acquire,
improve, or construct facilities at a total cost not to exceed
$500,000,000.
(b) Authority To Provide Assistance to Local Communities.--(1)
Subject to paragraph (2), the Secretary of Defense, using funds
appropriated to the Department of Defense for research, development,
test, and evaluation for fiscal year 2002 that are available for
programs of the Ballistic Missile Defense Organization, may provide
assistance to local communities to meet the need for increased municipal
or community services or facilities resulting from the construction,
installation, or operation of the Missile Defense System Test Bed
Facilities. Such assistance may be provided by grant or otherwise.
(2) Assistance may be provided to a community under paragraph (1)
only if the Secretary of Defense determines that there is an immediate
and substantial increase in the need for municipal or community services
or facilities as a direct result of the construction, installation, or
operation of the Missile Defense System Test Bed Facilities.
Subtitle D--Air <<NOTE: Air Force Science and Technology for the 21st
Century Act.>> Force Science and Technology for the 21st Century
SEC. 251. <<NOTE: 10 USC 2501 note.>> SHORT TITLE.
This subtitle may be cited as the ``Air Force Science and Technology
for the 21st Century Act''.
SEC. 252. SCIENCE <<NOTE: 10 USC 2501 note.>> 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.
[[Page 115 STAT. 1042]]
(2) Complete and adopt a policy directive that provides for
changes in how the Air Force makes budgetary and nonbudgetary
decisions with respect to its science and technology development
programs and how it carries out those programs.
(3) At least once every five years, conduct a review of the
long-term challenges and short-term objectives of the Air Force
science and technology programs that is consistent with the
review specified in section 252 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106-398; 114 Stat. 1654A-46).
(4) Ensure that development and science and technology
planning and investment activities are carried out for future
space warfighting systems and for future nonspace warfighting
systems in an integrated manner.
(5) Elevate the position within the Office of the Secretary
of the Air Force that has primary responsibility for budget and
policy decisions for science and technology programs.
(b) Reinstatement of Development Planning.--(1) The Secretary of the
Air Force shall reinstate and implement a revised development planning
process that provides for each of the following:
(A) Coordinating the needs of Air Force warfighters with
decisions on science and technology development.
(B) Giving input into the establishment of priorities among
science and technology programs.
(C) Analyzing Air Force capability options for the
allocation of Air Force resources.
(D) Developing concepts for technology, warfighting systems,
and operations with which the Air Force can achieve its critical
future goals.
(E) Evaluating concepts for systems and operations that
leverage technology across Air Force organizational boundaries.
(F) Ensuring that a ``system-of-systems'' approach is used
in carrying out the various Air Force capability planning
exercises.
(G) Utilizing existing analysis capabilities within the Air
Force product centers in a collaborative and integrated manner.
(2) <<NOTE: Deadline. Reports.>> 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 <<NOTE: 10 USC 2501 note.>> 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 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 Congress,
[[Page 115 STAT. 1043]]
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 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 ensure that an adequate Air Force
science and technology budget is requested.
(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 funding level and investment
portfolio.
(c) Report.--Not <<NOTE: Deadline.>> later than May 1, 2003, the
Secretary of the Air Force shall submit to Congress the results of the
study.
Subtitle E--Other Matters
SEC. 261. 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 government flight activity
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.
[[Page 115 STAT. 1044]]
(b) Priority for Use of Predator Assets.--The Secretary of the Navy
shall ensure that the commander of the United States Joint Forces
Command controls the priority for use of 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 specified to in
subsection (b) 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.
SEC. 262. DEMONSTRATION <<NOTE: 10 USC 5022 note.>> 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 the Office of Naval
Research to access and use Navy Major Range Test Facilities Base
(MRTFB) facilities selected by the Secretary for purposes of
carrying out such contracts, and charge such participants for
such access and use at the same established rates that
Department of Defense customers are charged; and
(3) permit universities, institutions of higher learning,
and federally funded research and development centers
collaborating with participants referred to in paragraph (2) to
access and use such facilities for such purposes, and charge
such entities for such access and use at such rates.
(c) Period of Project.--The demonstration project shall be carried
out during the three-year period beginning on the date of the enactment
of this Act.
(d) Report.--Not <<NOTE: Deadline.>> 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. 263. COMMUNICATION OF SAFETY CONCERNS FROM OPERATIONAL TEST
AND EVALUATION OFFICIALS TO PROGRAM
MANAGERS.
Section 139 of title 10, United States Code, is amended--
[[Page 115 STAT. 1045]]
(1) by redesignating subsections (f) through (i) as
subsections (g) through (j), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) The Director shall ensure that safety concerns developed
during the operational test and evaluation of a weapon system under a
major defense acquisition program are communicated in a timely manner to
the program manager for that program for consideration in the
acquisition decisionmaking process.''.
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.
Sec. 305. Funds for renovation of Department of Veterans Affairs
facilities adjacent to Naval Training Center, Great Lakes,
Illinois.
Sec. 306. Defense Language Institute Foreign Language Center expanded
Arabic language program.
Subtitle B--Environmental Provisions
Sec. 311. Inventory of unexploded ordnance, discarded military
munitions, and munitions constituents at defense sites (other
than operational ranges).
Sec. 312. Establishment of new program element for remediation of
unexploded ordnance, discarded military munitions, and
munitions constituents.
Sec. 313. Assessment of environmental remediation of unexploded
ordnance, discarded military munitions, and munitions
constituents.
Sec. 314. Conformity of surety authority under environmental restoration
program with surety authority under CERCLA.
Sec. 315. Elimination of annual report on contractor reimbursement for
costs of environmental response actions.
Sec. 316. Pilot program for sale of air pollution emission reduction
incentives.
Sec. 317. Department of Defense energy efficiency program.
Sec. 318. Procurement of alternative fueled and hybrid light duty
trucks.
Sec. 319. Reimbursement of Environmental Protection Agency for certain
response costs in connection with Hooper Sands Site, South
Berwick, Maine.
Sec. 320. River mitigation studies.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 331. Commissary benefits for new members of the Ready Reserve.
Sec. 332. Reimbursement for use of commissary facilities by military
departments for purposes other than commissary sales.
Sec. 333. Public releases of commercially valuable information of
commissary stores.
Sec. 334. Rebate agreements with producers of foods provided under
special supplemental food program.
Sec. 335. Civil recovery for nonappropriated fund instrumentality costs
related to shoplifting.
Subtitle D--Workforce and Depot Issues
Sec. 341. Revision of authority to waive limitation on performance of
depot-level maintenance.
Sec. 342. Exclusion of certain expenditures from limitation on private
sector performance of depot-level maintenance.
Sec. 343. Protections for purchasers of articles and services
manufactured or performed by working-capital funded
industrial facilities of the Department of Defense.
Sec. 344. Revision of deadline for annual report on commercial and
industrial activities.
Sec. 345. Pilot manpower reporting system in Department of the Army.
Sec. 346. Development of Army workload and performance system and
Wholesale Logistics Modernization Program.
[[Page 115 STAT. 1046]]
Subtitle E--Defense Dependents Education
Sec. 351. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 352. Impact aid for children with severe disabilities.
Sec. 353. Availability of auxiliary services of defense dependents'
education system for dependents who are home school students.
Sec. 354. Comptroller General study of adequacy of compensation provided
for teachers in the Department of Defense overseas
dependents' schools.
Subtitle F--Other Matters
Sec. 361. Availability of excess defense personal property to support
Department of Veterans Affairs initiative to assist homeless
veterans.
Sec. 362. Incremental implementation of Navy-Marine Corps Intranet
contract.
Sec. 363. Comptroller General study and report of National Guard
Distributive Training Technology Project.
Sec. 364. Reauthorization of warranty claims recovery pilot program.
Sec. 365. Evaluation of current demonstration programs to improve
quality of personal property shipments of members.
Sec. 366. Sense of Congress regarding security to be provided at 2002
Winter Olympic Games.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal year 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, $20,653,241,000.
(2) For the Navy, $26,461,299,000.
(3) For the Marine Corps, $2,872,524,000.
(4) For the Air Force, $25,598,767,000.
(5) For Defense-wide activities, $11,949,586,000.
(6) For the Army Reserve, $1,824,146,000.
(7) For the Naval Reserve, $1,000,050,000.
(8) For the Marine Corps Reserve, $142,853,000.
(9) For the Air Force Reserve, $2,029,866,000.
(10) For the Army National Guard, $3,696,559,000.
(11) For the Air National Guard, $3,967,361,000.
(12) For the Defense Inspector General, $149,221,000.
(13) For the United States Court of Appeals for the Armed
Forces, $9,096,000.
(14) For Environmental Restoration, Army, $389,800,000.
(15) For Environmental Restoration, Navy, $257,517,000.
(16) For Environmental Restoration, Air Force, $385,437,000.
(17) For Environmental Restoration, Defense-wide,
$23,492,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $230,255,000.
(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, $40,000,000.
(22) For Defense Health Program, $17,570,750,000.
[[Page 115 STAT. 1047]]
(23) For Cooperative Threat Reduction programs,
$403,000,000.
(24) For Overseas Contingency Operations Transfer Fund,
$2,844,226,000.
(25) For Support for International Sporting Competitions,
Defense, $15,800,000.
(b) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (5) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
$125,000,000, which represents savings resulting from reduced energy
costs.
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, $1,656,396,000.
(2) For the National Defense Sealift Fund, $407,708,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
(a) Amount for Fiscal Year 2002.--There is hereby authorized to be
appropriated for fiscal year 2002 from the Armed Forces Retirement Home
Trust Fund the sum of $71,440,000 for the operation of the Armed Forces
Retirement Home.
(b) Availability of Amounts Previously Appropriated.--Of amounts
appropriated from the Armed Forces Retirement Home Trust Fund for fiscal
year 2002 (and previous fiscal years to the extent such amounts remain
unobligated), $22,400,000 shall be available, subject to the review and
approval of the Secretary of Defense, for the development and
construction of a blended use, multicare facility at the Naval Home and
for the acquisition of a parcel of real property adjacent to the Naval
Home consisting of approximately 15 acres.
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.
[[Page 115 STAT. 1048]]
SEC. 305. FUNDS FOR RENOVATION OF DEPARTMENT OF VETERANS AFFAIRS
FACILITIES ADJACENT TO NAVAL TRAINING
CENTER, GREAT LAKES, ILLINOIS.
(a) Availability of Funds for Renovation.--Subject to subsection
(b), of the amount authorized to be appropriated by section 301(a)(2)
for operation and maintenance for the Navy, the Secretary of the Navy
may make available to the Secretary of Veterans Affairs up to $2,000,000
for relocation of Department of Veterans Affairs activities and
associated renovation of existing facilities at the North Chicago
Department of Veterans Affairs Medical Center, Illinois.
(b) Limitation.--The Secretary of the Navy may make funds available
under subsection (a) only after the Secretary of the Navy and the
Secretary of Veterans Affairs enter into an appropriate agreement for
the use by the Secretary of the Navy of approximately 48 acres of real
property at the North Chicago Department of Veterans Affairs property
referred to in subsection (a) for expansion of the Naval Training
Center, Great Lakes, Illinois.
SEC. 306. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER
EXPANDED ARABIC LANGUAGE PROGRAM.
Of the amount authorized to be appropriated by section 301(a)(1) for
operation and maintenance for the Army, $650,000 may be available for
the Defense Language Institute Foreign Language Center for an expanded
Arabic language program.
Subtitle B--Environmental Provisions
SEC. 311. INVENTORY OF UNEXPLODED ORDNANCE, DISCARDED MILITARY
MUNITIONS, AND MUNITIONS CONSTITUENTS AT
DEFENSE SITES (OTHER THAN OPERATIONAL
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. Inventory of unexploded ordnance, discarded military
munitions, and munitions constituents at
defense sites (other than operational ranges)
``(a) Inventory Required.--(1) The Secretary of Defense shall
develop and maintain an inventory of defense sites that are known or
suspected to contain unexploded ordnance, discarded military munitions,
or munitions constituents.
``(2) The information in the inventory for each defense site shall
include, at a minimum, the following:
``(A) A unique identifier for the defense site.
``(B) An appropriate record showing the location,
boundaries, and extent of the defense site, including
identification of the State and political subdivisions of the
State in which the defense site is located and any Tribal lands
encompassed by the defense site.
``(C) Known persons and entities, other than a military
department, with any current ownership interest or control of
lands encompassed by the defense site.
``(D) Any restrictions or other land use controls currently
in place at the defense site that might affect the potential
[[Page 115 STAT. 1049]]
for public and environmental exposure to the unexploded
ordnance, discarded military munitions, or munitions
constituents.
``(b) Site <<NOTE: Protocol.>> Prioritization.--(1) The Secretary
shall develop, in consultation with representatives of the States and
Indian Tribes, a proposed protocol for assigning to each defense site a
relative priority for response activities related to unexploded
ordnance, discarded military munitions, and munitions constituents based
on the overall conditions at the defense site. <<NOTE: Public
information. Applicability.>> After public notice and comment on the
proposed protocol, the Secretary shall issue a final protocol and shall
apply the protocol to defense sites listed on the inventory. The level
of response priority assigned the site shall be included with the
information required by subsection (a)(2).
``(2) In assigning the response priority for a defense site on the
inventory, the Secretary shall primarily consider factors relating to
safety and environmental hazard potential, such as the following:
``(A) Whether there are known, versus suspected, unexploded
ordnance, discarded military munitions, or munitions
constituents on all or any portion of the defense site and the
types of unexploded ordnance, discarded military munitions, or
munitions constituents present or suspected to be present.
``(B) Whether public access to the defense site is
controlled, and the effectiveness of these controls.
``(C) The potential for direct human contact with unexploded
ordnance, discarded military munitions, or munitions
constituents at the defense site and evidence of people entering
the site.
``(D) Whether a response action has been or is being
undertaken at the defense site under the Formerly Used Defense
Sites program or other program.
``(E) The planned or mandated dates for transfer of the
defense site from military control.
``(F) The extent of any documented incidents involving
unexploded ordnance, discarded military munitions, or munitions
constituents at or from the defense site, including incidents
involving explosions, discoveries, injuries, reports, and
investigations.
``(G) The potential for drinking water contamination or the
release of munitions constituents into the air.
``(H) The potential for destruction of sensitive ecosystems
and damage to natural resources.
``(3) The priority assigned to a defense site included on the
inventory shall not impair, alter, or diminish any applicable Federal or
State authority to establish requirements for the investigation of, and
response to, environmental problems at the defense site.
``(c) Updates and Availability.--(1) The Secretary shall annually
update the inventory and site prioritization list to reflect new
information that becomes available. The inventory shall be available in
published and electronic form.
``(2) The Secretary shall work with communities adjacent to a
defense site to provide information concerning conditions at the site
and response activities. At a minimum, the Secretary shall provide the
site inventory information and site prioritization list to appropriate
Federal, State, tribal, and local officials, and, to the extent the
Secretary considers appropriate, to civil defense or emergency
management agencies and the public.
``(d) Exceptions.--This section does not apply to the following:
[[Page 115 STAT. 1050]]
``(1) Any locations outside the United States.
``(2) The presence of military munitions resulting from
combat operations.
``(3) Operating storage and manufacturing facilities.
``(4) Operational ranges.
``(e) Definitions.--In this section:
``(1) The term `defense site' applies to locations that are
or were owned by, leased to, or otherwise possessed or used by
the Department of Defense. The term does not include any
operational range, operating storage or manufacturing facility,
or facility that is used for or was permitted for the treatment
or disposal of military munitions.
``(2) The term `discarded military munitions' means military
munitions that have been abandoned without proper disposal or
removed from storage in a military magazine or other storage
area for the purpose of disposal. The term does not include
unexploded ordnance, military munitions that are being held for
future use or planned disposal, or military munitions that have
been properly disposed of, consistent with applicable
environmental laws and regulations.
``(3)(A) The term `military munitions' means all ammunition
products and components produced for or used by the armed forces
for national defense and security, including ammunition products
or components under the control of the Department of Defense,
the Coast Guard, the Department of Energy, and the National
Guard. The term includes confined gaseous, liquid, and solid
propellants, explosives, pyrotechnics, chemical and riot control
agents, smokes, and incendiaries, including bulk explosives and
chemical warfare agents, chemical munitions, rockets, guided and
ballistic missiles, bombs, warheads, mortar rounds, artillery
ammunition, small arms ammunition, grenades, mines, torpedoes,
depth charges, cluster munitions and dispensers, demolition
charges, and devices and components thereof.
``(B) The term does not include wholly inert items,
improvised explosive devices, and nuclear weapons, nuclear
devices, and nuclear components, except that the term does
include nonnuclear components of nuclear devices that are
managed under the nuclear weapons program of the Department of
Energy after all required sanitization operations under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have been
completed.
``(4) The term `munitions constituents' means any materials
originating from unexploded ordnance, discarded military
munitions, or other military munitions, including explosive and
nonexplosive materials, and emission, degradation, or breakdown
elements of such ordnance or munitions.
``(5) The term `operational range' means a military range
that is used for range activities, or a military range that is
not currently being used, but that is still considered by the
Secretary to be a range area, is under the jurisdiction,
custody, or control of the Department of Defense, and has not
been put to a new use that is incompatible with range
activities.
``(6) The term `possessions' includes Johnston Atoll,
Kingman Reef, Midway Island, Nassau Island, Palmyra Island, and
Wake Island.
``(7) The term `Secretary' means the Secretary of Defense.
[[Page 115 STAT. 1051]]
``(8) The term `State' means the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and the
territories and possessions.
``(9) The term `unexploded ordnance' means military
munitions that--
``(A) have been primed, fused, armed, or otherwise
prepared for action;
``(B) have been fired, dropped, launched, projected,
or placed in such a manner as to constitute a hazard to
operations, installations, personnel, or material; and
``(C) remain unexploded either by malfunction,
design, or any other cause.
``(10) The term `United States', in a geographic sense,
means the States, territories, and possessions and associated
navigable waters, contiguous zones, and ocean waters of which
the natural resources are under the exclusive management
authority of the United States.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2710. Inventory of unexploded ordnance, discarded military munitions,
and munitions constituents at defense sites (other than
operational ranges).''.
(b) Initial <<NOTE: Deadlines. 10 USC 2710 note.>> Inventory.--The
requirements of section 2710 of title 10, United States Code, as added
by subsection (a), shall be implemented as follows:
(1) The initial inventory required by subsection (a) of such
section shall be completed not later than May 31, 2003.
(2) The proposed prioritization protocol required by
subsection (b) of such section shall be available for public
comment not later than November 30, 2002.
SEC. 312. ESTABLISHMENT OF NEW PROGRAM ELEMENT FOR REMEDIATION OF
UNEXPLODED ORDNANCE, DISCARDED MILITARY
MUNITIONS, AND MUNITIONS CONSTITUENTS.
Section 2703 of title 10, United States Code, is amended--
(1) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Program Elements for Ordnance Remediation.--The Secretary of
Defense shall establish a program element for remediation of unexploded
ordnance, discarded military munitions, and munitions constituents
within each environmental restoration account established under
subsection (a). The terms `unexploded ordnance', `discarded military
munitions', and `munitions constituents' have the meanings given such
terms in section 2710 of this title.''.
SEC. 313. ASSESSMENT <<NOTE: 10 USC 2706 note.>> OF ENVIRONMENTAL
REMEDIATION OF UNEXPLODED ORDNANCE,
DISCARDED MILITARY MUNITIONS, AND
MUNITIONS CONSTITUENTS.
(a) Inclusion in 2003 Report on Environmental Restoration
Activities.--The Secretary of Defense shall include in the report
submitted to Congress under section 2706(a) of title 10, United States
Code, in 2003 a comprehensive assessment of unexploded ordnance,
discarded military munitions, and munitions
[[Page 115 STAT. 1052]]
constituents located at current and former facilities of the Department
of Defense. The assessment shall include, at a minimum, the following:
(1) Separate estimates of the aggregate projected costs of
the remediation of unexploded ordnance, discarded military
munitions, and munitions constituents at--
(A) all operational ranges; and
(B) all other defense sites.
(2) A comprehensive plan for addressing the remediation of
unexploded ordinance, discarded military munitions, and
munitions constituents at defense sites, including an assessment
of the funding required and the period of time over which such
funding will be required.
(3) An assessment of the technology currently available for
the remediation of unexploded ordnance, discarded military
munitions, and munitions constituents.
(4) An assessment of the impact of improved technology on
the cost of such remediation and a plan for the development and
use of such improved technology.
(b) Requirements for Cost Estimates.--(1) The estimates of aggregate
projected costs required by subsection (a)(1) shall--
(A) be stated as a range of aggregate projected costs,
including a low estimate and a high estimate;
(B) set forth the differing assumptions underlying each such
low estimate and high estimate, including--
(i) any public uses for the operational ranges and
other defense sites concerned that will be available
after the remediation is completed;
(ii) the extent of the remediation required to make
the operational ranges and other defense sites concerned
available for such uses; and
(iii) the technologies to be applied to achieve such
level of remediation; and
(C) include, and identify separately, an estimate of the
aggregate projected costs of the remediation of any ground water
contamination that may be caused by unexploded ordnance,
discarded military munitions, or munitions constituents at the
operational ranges and other defense sites concerned.
(2) The high estimate of the aggregate projected costs shall be
based on the assumption that all unexploded ordnance, discarded military
munitions, and munitions constituents at each operational range and
other defense site will be addressed, regardless of whether there are
any current plans to close the range or site or discontinue training at
the range or site.
(3) The estimate of the aggregate projected costs of remediation of
ground water contamination under paragraph (1)(C) shall be based on a
comprehensive assessment of the risk of such contamination and of the
actions required to protect the ground water supplies concerned.
(4) The standards for the report of liabilities of the Department of
Defense shall not apply to the cost estimates required by subsection
(a)(1).
(c) Interim Assessment.--The report submitted to Congress under
section 2706(a) of title 10, United States Code, in 2002 shall include
the assessment required by subsection (a) to the extent that the
information required to be provided as part of
[[Page 115 STAT. 1053]]
the assessment is available. The Secretary shall include an explanation
of any limitations on the information available or qualifications on the
information provided.
(d) Definitions.--In this section, the terms ``unexploded
ordnance'', ``discarded military munitions'', ``munitions
constituents'', ``operational range'', and ``defense site'' have the
meanings given such terms in section 2710 of title 10, United States
Code, as added by section 311.
SEC. 314. CONFORMITY OF SURETY AUTHORITY UNDER ENVIRONMENTAL
RESTORATION PROGRAM WITH SURETY AUTHORITY
UNDER CERCLA.
Section 2701(j)(1) of title 10, United States Code, is amended by
striking ``, or after December 31, 1999''.
SEC. 315. ELIMINATION OF ANNUAL REPORT ON CONTRACTOR REIMBURSEMENT
FOR COSTS OF ENVIRONMENTAL RESPONSE
ACTIONS.
(a) Report Elimination.--Section 2706 of title 10, United States
Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(b) Conforming Amendments.--Subsection (d) of such section, as
redesignated by subsection (a) of this section, is amended--
(1) by striking paragraphs (1) and (3); and
(2) by redesignating paragraphs (2), (4), and (5) as
paragraphs (1), (2), and (3), respectively.
SEC. 316. PILOT PROGRAM FOR SALE OF AIR POLLUTION EMISSION
REDUCTION INCENTIVES.
(a) Extension.--Section 351(a)(2) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C.
2701 note) is amended by striking ``September 30, 2001'' and inserting
``September 30, 2003''.
(b) Report <<NOTE: 10 USC 2701 note.>> Required.--(1) The Secretary
of Defense shall prepare a report concerning the operation of the pilot
program for the sale of economic incentives for the reduction of
emission of air pollutants attributable to military facilities, as
authorized by section 351 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 2701 note). The report
shall--
(A) detail all transactions that have been completed under
the pilot program, the dollar amount of each transaction, and
the number and type of air pollutants involved in each
transaction;
(B) evaluate the extent to which retention of the proceeds
of sales under the pilot program, as required by subsection (c)
of such section, has provided incentives for such sales;
(C) evaluate the extent of any loss to the United States
Treasury associated with the pilot program; and
(D) evaluate the environmental impact of the pilot program.
(2) <<NOTE: Deadline.>> Not later than March 1, 2003, the Secretary
shall submit the report required by paragraph (1) to the Committee on
Energy and Commerce and the Committee on Armed Services of the House of
Representatives and the Committee on Environment and Public Works and
the Committee on Armed Services of the Senate.
[[Page 115 STAT. 1054]]
SEC. 317. DEPARTMENT <<NOTE: 10 USC 2865 note.>> OF DEFENSE ENERGY
EFFICIENCY PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should work to implement fuel efficiency reforms
that allow for investment decisions based on the true cost of delivered
fuel, strengthen the linkage between warfighting capability and fuel
logistics requirements, provide high-level leadership encouraging fuel
efficiency, target fuel efficiency improvements through science and
technology investment, and include fuel efficiency in requirements and
acquisition processes.
(b) Energy Efficiency Program.--The Secretary shall carry out a
program to significantly improve the energy efficiency of facilities of
the Department of Defense through 2010. The Secretary shall designate a
senior official of the Department of Defense to be responsible for
managing the program for the Department and a senior official of each
military department to be responsible for managing the program for such
department.
(c) Energy Efficiency Goals.--The goal of the energy efficiency
program shall be to achieve reductions in energy consumption by
facilities of the Department of Defense as follows:
(1) In the case of industrial and laboratory facilities,
reductions in the average energy consumption per square foot of
such facilities, per unit of production or other applicable
unit, relative to energy consumption in 1990--
(A) by 20 percent by 2005; and
(B) by 25 percent by 2010.
(2) In the case of other facilities, reductions in average
energy consumption per gross square foot of such facilities,
relative to energy consumption per gross square foot in 1985--
(A) by 30 percent by 2005; and
(B) by 35 percent by 2010.
(d) Strategies for Improving Energy Efficiency.--In order to achieve
the goals set forth in subsection (c), the Secretary shall, to the
maximum extent practicable--
(1) purchase energy-efficient products, as so designated by
the Environmental Protection Agency and the Department of
Energy, and other products that are energy-efficient;
(2) utilize energy savings performance contracts, utility
energy-efficiency service contracts, and other contracts
designed to achieve energy conservation;
(3) use life-cycle cost analysis, including assessment of
life-cycle energy costs, in making decisions about investments
in products, services, construction, and other projects;
(4) conduct energy efficiency audits for approximately 10
percent of all Department of Defense facilities each year;
(5) explore opportunities for energy efficiency in
industrial facilities for steam systems, boiler operation, air
compressor systems, industrial processes, and fuel switching;
and
(6) retire inefficient equipment on an accelerated basis
where replacement results in lower life-cycle costs.
(e) Reporting <<NOTE: Deadlines.>> Requirements.--Not later than
January 1, 2002, and each January 1 thereafter through 2010, the
Secretary shall submit to the congressional defense committees the
report required to be prepared by the Secretary pursuant to section 303
of Executive Order 13123 (64 Fed. Reg. 30851; 42 U.S.C. 8251 note)
regarding the progress made toward achieving the energy efficiency goals
of the Department of Defense.
[[Page 115 STAT. 1055]]
SEC. 318. PROCUREMENT <<NOTE: 10 USC 2302 note.>> OF ALTERNATIVE
FUELED AND HYBRID LIGHT DUTY TRUCKS.
(a) Defense Fleets Not Covered by Requirement in Energy Policy Act
of 1992.--(1) The Secretary of Defense shall coordinate with the
Administrator of General Services to ensure that only hybrid vehicles
are procured by the Administrator for the Department of Defense fleet of
light duty trucks that is not in a fleet of vehicles to which section
303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) applies.
(2) The Secretary, in consultation with the Administrator, may waive
the policy regarding the procurement of hybrid vehicles in paragraph (1)
to the extent that the Secretary determines necessary--
(A) in the case of trucks that are exempt from the
requirements of section 303 of the Energy Policy Act of 1992 for
national security reasons under subsection (b)(3)(E) of such
section, to meet specific requirements of the Department of
Defense for capabilities of light duty trucks;
(B) to procure vehicles consistent with the standards
applicable to the procurement of fleet vehicles for the Federal
Government; or
(C) to adjust to limitations on the commercial availability
of light duty trucks that are hybrid vehicles.
(3) <<NOTE: Applicability.>> This subsection applies with respect to
procurements of light duty trucks in fiscal year 2005 and subsequent
fiscal years.
(b) Requirement To Exceed Requirement in Energy Policy Act of
1992.--(1) The Secretary of Defense shall coordinate with the
Administrator of General Services to ensure that, of the light duty
trucks procured in fiscal years after fiscal year 2004 for the fleets of
light duty vehicles of the Department of Defense to which section 303 of
the Energy Policy Act of 1992 applies--
(A) five percent of the total number of such trucks that are
procured in each of fiscal years 2005 and 2006 are alternative
fueled vehicles or hybrid vehicles; and
(B) ten percent of the total number of such trucks that are
procured in each fiscal year after fiscal year 2006 are
alternative fueled vehicles or hybrid vehicles.
(2) Light duty trucks acquired for the Department of Defense that
are counted to comply with section 303 of the Energy Policy Act of 1992
for a fiscal year shall be counted to determine the total number of
light duty trucks procured for the Department of Defense for that fiscal
year for the purposes of paragraph (1), but shall not be counted to
satisfy the requirement in that paragraph.
(c) Report on Plans for Implementation.--At the same time that the
President submits the budget for fiscal year 2003 to Congress under
section 1105(a) of title 31, United States Code, the Secretary shall
submit to Congress a report summarizing the plans for carrying out
subsections (a) and (b).
(d) Definitions.--In this section:
(1) The term ``hybrid vehicle'' means a motor vehicle that
draws propulsion energy from onboard sources of stored energy
that are both--
(A) an internal combustion or heat engine using
combustible fuel; and
(B) a rechargeable energy storage system.
[[Page 115 STAT. 1056]]
(2) The term ``alternative fueled vehicle'' has the meaning
given that term in section 301 of the Energy Policy Act of 1992
(42 U.S.C. 13211).
SEC. 319. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR
CERTAIN RESPONSE COSTS IN CONNECTION WITH
HOOPER SANDS SITE, SOUTH BERWICK, MAINE.
(a) Authority To Reimburse.--Using amounts specified in subsection
(c), the Secretary of the Navy may pay $1,005,478 to the Hooper Sands
Special Account within the Hazardous Substance Superfund established by
section 9507 of the Internal Revenue Code of 1986 to reimburse the
Environmental Protection Agency for the response costs incurred by the
Environmental Protection Agency for actions taken between May 12, 1992,
and July 31, 2000, pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) at the
Hooper Sands site in South Berwick, Maine, in accordance with the
interagency agreement entered into by the Department of the Navy and the
Environmental Protection Agency in January 2001.
(b) Treatment of Reimbursement.--Payment of the amount authorized by
subsection (a) shall be in full satisfaction of amounts due from the
Department of the Navy to the Environmental Protection Agency for the
response costs described in that subsection.
(c) Source of Funds.--Payment under subsection (a) shall be made
using amounts authorized to be appropriated by section 301(a)(15) to the
Environmental Restoration Account, Navy, established by section
2703(a)(3) of title 10, United States Code.
SEC. 320. RIVER MITIGATION STUDIES.
(a) Port of Orange, Sabine River.--The Secretary of Defense may
conduct a study regarding 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 floating and partially submerged
debris possibly relating to the Philadelphia Naval Shipyard in that
portion of the Delaware River from Philadelphia, Pennsylvania, to the
mouth of the river which create navigational hazards along the river.
(c) Use of Existing Information.--In conducting a study authorized
by this section, the Secretary of Defense shall take into account any
information available from other studies conducted in connection with
the same navigation channels.
(d) Consultation.--The Secretary of Defense shall conduct the
studies authorized by this section in consultation with appropriate
State and local government entities and Federal agencies.
(e) Report <<NOTE: Deadline.>> 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--
(1) summarizes the results of each study conducted under
this section; and
(2) contains an evaluation by the Secretary of the extent to
which the navigational hazards identified in each study are the
result of Department of Defense activities.
[[Page 115 STAT. 1057]]
(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 a study authorized by this section.
(g) 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.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 331. COMMISSARY BENEFITS FOR NEW MEMBERS OF THE READY
RESERVE.
(a) Eligibility.--Section 1063 of title 10, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Eligibility of New Members.--(1) The Secretary concerned shall
authorize a new member of the Ready Reserve to use commissary stores of
the Department of Defense for a number of days accruing at the rate of
two days for each month in which the member participates satisfactorily
in training required under section 10147(a)(1) of this title or section
502(a) of title 32, as the case may be.
``(2) For the purposes of paragraph (1), a person shall be
considered a new member of the Ready Reserve upon becoming a member and
continuing without a break in the membership until the earlier of--
``(A) the date on which the member becomes eligible to use
commissary stores under subsection (a); or
``(B) December 31 of the first calendar year in which the
membership has been continuous for the entire year.
``(3) A new member may not be authorized under this subsection to
use commissary stores for more than 24 days for any calendar year.''.
(b) Required Documentation.--Subsection (d) of such section, as
redesignated by subsection (a)(1), is amended by adding at the end the
following new sentence: ``The regulations shall specify the required
documentation of satisfactory participation in training for the purposes
of subsection (b).''.
(c) Conforming Amendment.--Subsection (c) of such section, as
redesignated by subsection (a)(1), is amended by striking ``Subsection
(a)'' and inserting ``Subsections (a) and (b)''.
(d) Clerical Amendments.--(1) The heading for such section is
amended to read as follows:
``Sec. 1063. Use of commissary stores: members of Ready Reserve''.
(2) Subsection (a) of such section is amended by striking ``of Ready
Reserve'' and inserting ``With 50 or More Creditable Points''.
[[Page 115 STAT. 1058]]
(3) The item relating to such section in the table of sections at
the beginning of chapter 54 of title 10, United States Code, is amended
to read as follows:
``1063. Use of commissary stores: members of Ready Reserve.''.
SEC. 332. REIMBURSEMENT FOR USE OF COMMISSARY FACILITIES BY
MILITARY DEPARTMENTS FOR PURPOSES OTHER
THAN COMMISSARY SALES.
(a) Requirement.--Chapter 147 of title 10, United States Code, is
amended by inserting after section 2482a the following new section:
``Sec. 2483. Commissary stores: reimbursement for use of
commissary facilities by military departments
``(a) Payment Required.--The Secretary of a military department
shall pay the Defense Commissary Agency the amount determined under
subsection (b) for any use of a commissary facility by the military
department for a purpose other than commissary sales or operations in
support of commissary sales.
``(b) Amount.--The amount payable under subsection (a) for use of a
commissary facility by a military department shall be equal to the share
of depreciation of the facility that is attributable to that use, as
determined under regulations prescribed by the Secretary of Defense.
``(c) Covered Facilities.--This section applies with respect to a
commissary facility that is acquired, constructed, converted, expanded,
installed, or otherwise improved (in whole or in part) with the proceeds
of an adjustment or surcharge applied under section 2486(c) of this
title.
``(d) Crediting of Payments.--The Director of the Defense Commissary
Agency shall credit amounts paid under this section for use of a
facility to an appropriate account to which proceeds of an adjustment or
surcharge referred to in subsection (c) are credited.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2482a the following new item:
``2483. Commissary stores: reimbursement for use of commissary
facilities by military departments.''.
SEC. 333. PUBLIC RELEASES OF COMMERCIALLY VALUABLE INFORMATION OF
COMMISSARY STORES.
(a) Limitations and Authority.--Section 2487 of title 10, United
States Code, is amended to read as follows:
``Sec. 2487. Commissary stores: release of certain commercially
valuable information to the public
``(a) Authority To Limit Release.--(1) The Secretary of Defense may
limit the release to the public of any information described in
paragraph (2) if the Secretary determines that it is in the best
interest of the Department of Defense to limit the release of such
information. If the Secretary determines to limit the release of any
such information, the Secretary may provide for limited release of such
information in accordance with subsection (b).
``(2) Paragraph (1) applies to the following:
``(A) Information contained in the computerized business
systems of commissary stores or the Defense Commissary
[[Page 115 STAT. 1059]]
Agency that is collected through or in connection with the use
of electronic scanners in commissary stores, including the
following information:
``(i) Data relating to sales of goods or services.
``(ii) Demographic information on customers.
``(iii) Any other information pertaining to
commissary transactions and operations.
``(B) Business programs, systems, and applications
(including software) relating to commissary operations that were
developed with funding derived from commissary surcharges.
``(b) Release Authority.--(1) The Secretary of Defense may, using
competitive procedures, enter into a contract to sell information
described in subsection (a)(2).
``(2) The Secretary of Defense may release, without charge,
information on an item sold in commissary stores to the manufacturer or
producer of that item or an agent of the manufacturer or producer.
``(3) The Secretary of Defense may, by contract entered into with a
business, grant to the business a license to use business programs
referred to in subsection (a)(2)(B), including software used in or
comprising any such program. The fee charged for the license shall be
based on the costs of similar programs developed and marketed by
businesses in the private sector, determined by means of surveys.
``(4) Each contract entered into under this subsection shall specify
the amount to be paid for information released or a license granted
under the contract, as the case may be.
``(c) Form of Release.--Information described in subsection (a)(2)
may not be released, under subsection (b) or otherwise, in a form that
identifies any customer or that provides information making it possible
to identify any customer.
``(d) Receipts.--Amounts received by the Secretary under this
section shall be credited to funds derived from commissary surcharges,
shall be merged with those funds, and shall be available for the same
purposes as the funds with which merged.
``(e) Definition.--In this section, the term `commissary surcharge'
means any adjustment or surcharge applied under section 2486(c) of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 147 of title 10, United States Code, is amended by striking the
item relating to section 2487 and inserting the following new item:
``2487. Commissary stores: release of certain commercially valuable
information to the public.''.
SEC. 334. REBATE AGREEMENTS WITH PRODUCERS OF FOODS PROVIDED UNDER
SPECIAL SUPPLEMENTAL FOOD PROGRAM.
Section 1060a of title 10, United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Rebate Agreements With Food Producers.--(1) In the
administration of the program under this section, the Secretary of
Defense may enter into a contract with a producer of a particular brand
of food that provides for--
[[Page 115 STAT. 1060]]
``(A) the Secretary of Defense to procure that particular
brand of food, exclusive of other brands of the same or similar
food, for the purpose of providing the food in commissary stores
of the Department of Defense as a supplemental food under the
program; and
``(B) the producer to rebate to the Secretary amounts equal
to agreed portions of the amounts paid by the Secretary for the
procurement of that particular brand of food for the program.
``(2) The Secretary of Defense shall use competitive procedures
under chapter 137 of this title to enter into contracts under this
subsection.
``(3) The period covered by a contract entered into under this
subsection may not exceed one year. No such contract may be extended by
a modification of the contract, by exercise of an option, or by any
other means. Nothing in this paragraph prohibits a contractor under a
contract entered into under this subsection for any year from submitting
an offer for, and being awarded, a contract that is to be entered into
under this subsection for a successive year.
``(4) Amounts rebated under a contract entered into under paragraph
(1) shall be credited to the appropriation available for carrying out
the program under this section in the fiscal year in which rebated,
shall be merged with the other sums in that appropriation, and shall be
available for the program for the same period as the other sums in the
appropriation.''.
SEC. 335. 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. 341. REVISION OF AUTHORITY TO WAIVE LIMITATION ON PERFORMANCE
OF DEPOT-LEVEL MAINTENANCE.
Section 2466 of title 10, United States Code, is amended--
(1) by striking subsection (c); and
(2) by inserting after subsection (a) the following new
subsections:
``(b) Waiver of Limitation.--The Secretary of Defense may waive the
limitation in subsection (a) for a fiscal year if--
``(1) the Secretary determines that the waiver is necessary
for reasons of national security; and
``(2) <<NOTE: Notification.>> the Secretary submits to
Congress a notification of the waiver together with the reasons
for the waiver.
``(c) Prohibition on Delegation of Waiver Authority.--The authority
to grant a waiver under subsection (b) may not be delegated.''.
SEC. 342. EXCLUSION OF CERTAIN EXPENDITURES FROM LIMITATION ON
PRIVATE SECTOR PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE.
Section 2474 of title 10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
[[Page 115 STAT. 1061]]
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Exclusion of Certain Expenditures From Percentage
Limitation.--(1) 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 shall not be counted for purposes of applying the
percentage limitation in section 2466(a) of this title if the personnel
are provided by private industry or other entities outside the
Department of Defense pursuant to a public-private partnership.
``(2) The funds referred to in paragraph (1) are funds available to
the military departments and Defense Agencies for depot-level
maintenance and repair workloads for fiscal years 2002 through 2005.
``(3) 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.''.
SEC. 343. 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''.
SEC. 344. REVISION OF DEADLINE FOR ANNUAL REPORT ON COMMERCIAL AND
INDUSTRIAL ACTIVITIES.
Section 2461(g) of title 10, United States Code, is amended by
striking ``February 1'' and inserting ``June 30''.
SEC. 345. PILOT <<NOTE: 10 USC 2461 note.>> MANPOWER REPORTING
SYSTEM IN DEPARTMENT OF THE ARMY.
(a) Annual <<NOTE: Deadline.>> Reporting Requirement.--Not later
than March 1 of each of the fiscal years 2002 through 2004, 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.
(b) Content of Report.--Using information available from existing
data collection and reporting systems available to the Department of the
Army and the non-Federal entities referred to in subsection (a), the
report shall--
[[Page 115 STAT. 1062]]
(1) specify the number of work year equivalents performed by
individuals employed by non-Federal entities in providing
services to the Department;
(2) categorize the information by Federal supply class or
service code; and
(3) indicate the appropriation from which the services were
funded and the major organizational element of the Department
procuring the services.
(c) Limitation on Requirement for Non-Federal Entities To Provide
Information.--For the purposes of meeting the requirements set forth in
subsection (b), the Secretary of the Army may not require the provision
of information beyond the information that is currently provided to the
Department of the Army by the non-Federal entities referred to in
subsection (a), except for the number of work year equivalents
associated with Department of the Army contracts, identified by contract
number, to the extent this information is available to the contractor
from existing data collection systems.
(d) Repeal of Obsolete Reporting Requirement.--Section 343 of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 569) is repealed.
SEC. 346. DEVELOPMENT OF ARMY WORKLOAD AND PERFORMANCE SYSTEM AND
WHOLESALE LOGISTICS MODERNIZATION PROGRAM.
(a) Relationship Between Systems.--(1) The Army Workload and
Performance System, including all applications in the master plan
submitted to Congress on June 8, 2001, and any revisions to the master
plan, shall be developed in such a manner that its functionality and
identity are in compliance with all statutory requirements. The Army
Workload and Performance System shall continue as a standard Army-wide
manpower system under the supervision and management of the Secretary of
the Army.
(2) The requirement in paragraph (1) is intended to encourage the
sharing of data between the Army Workload and Performance System and the
Wholesale Logistics Modernization Program and the development of the
processes necessary to permit or enhance such data sharing.
(b) Annual <<NOTE: Deadline.>> Progress Reports.--(1) Not later than
February 1 of each year, the Secretary of the Army shall submit to
Congress a progress report on the implementation of the master plan for
the Army Workload and Performance System during the preceding year. The
report shall specifically address any changes made to the master plan
since the previous report.
(2) <<NOTE: Termination date. Certification.>> The reporting
requirement shall terminate when the Secretary certifies to Congress
that the Army Workload and Performance System is fully implemented.
(c) GAO <<NOTE: Deadline.>> Evaluation.--Not later than 60 days
after the Secretary of the Army submits to Congress a progress report
under subsection (b), the Comptroller General shall submit to Congress
an evaluation of the report.
(d) Army Workload and Performance System Defined.--The term ``Army
Workload and Performance System'' includes all applications in the
master plan for the System submitted to Congress on June 8, 2001, and
any revision of such master plan.
[[Page 115 STAT. 1063]]
Subtitle E--Defense Dependents Education
SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES
AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
2002.--Of the amount authorized to be appropriated pursuant to section
301(a)(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 <<NOTE: Deadline.>> later than June 30, 2002,
the Secretary of Defense shall notify each local educational agency that
is eligible for assistance or a payment under subsection (a) for fiscal
year 2002 of--
(1) that agency's eligibility for the assistance or payment;
and
(2) the amount of the assistance or payment for which that
agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under subsection (a) not later than 30 days after
the date on which notification to the eligible local educational
agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to section
301(a)(5) for operation and maintenance for Defense-wide activities,
$5,000,000 shall be available for payments under section 363 of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20
U.S.C. 7703a).
SEC. 353. 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) <<NOTE: 37 USC 429.>> by redesignating subsection (d) as
subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
[[Page 115 STAT. 1064]]
``(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 and comply with standards of
conduct 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 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. 354. COMPTROLLER GENERAL STUDY OF ADEQUACY OF COMPENSATION
PROVIDED FOR TEACHERS IN THE DEPARTMENT OF
DEFENSE OVERSEAS DEPENDENTS' SCHOOLS.
(a) GAO Study Required.--The Comptroller General shall carry out a
study of the adequacy of the pay and other elements of the compensation
provided for teachers in the defense dependents' education system
established under the Defense Dependents' Education Act of 1978 (20
U.S.C. 921 et seq.).
(b) Specific Considerations.--In carrying out the study, the
Comptroller General shall consider the following issues:
(1) Whether the compensation is adequate for recruiting and
retaining high quality teachers.
(2) Whether any revision of the Defense Department Overseas
Teachers Pay and Personnel Practices Act (20 U.S.C. 901 et seq.)
or the regulations under that Act is advisable to address any
problems identified with respect to the recruitment and
retention of high quality teachers or for other purposes.
(c) Report.--Not <<NOTE: Deadline.>> later than May 1, 2002, the
Comptroller General shall submit to Congress a report containing the
results of the study, including--
(1) the Comptroller General's conclusions on the issues
considered; and
(2) any recommendations for actions that the Comptroller
General considers appropriate.
Subtitle F--Other Matters
SEC. 361. AVAILABILITY OF EXCESS DEFENSE PERSONAL PROPERTY TO
SUPPORT DEPARTMENT OF VETERANS AFFAIRS
INITIATIVE TO ASSIST HOMELESS VETERANS.
(a) Transfer Authority.--Subsection (a) of section 2557 of title 10,
United States Code, is amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may make excess clothing, shoes,
sleeping bags, and related nonlethal excess supplies available to the
Secretary of Veterans Affairs for distribution to homeless veterans and
programs assisting homeless veterans. The transfer of
[[Page 115 STAT. 1065]]
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. 362. INCREMENTAL IMPLEMENTATION OF NAVY-MARINE CORPS INTRANET
CONTRACT.
(a) Additional Phase-In Authority.--Section 814 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-215) is
amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (f), (g), (h), and (i), respectively; and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Additional Phase-In Authority Pending Second Joint
Certification.--(1)(A) Notwithstanding subsection (b)(3), the Secretary
of the Navy may order additional work stations under the Navy-Marine
Corps Intranet contract in excess of the number provided in the first
increment of the contract under subsection (b)(2), but not to exceed an
additional 100,000 work stations. The authority of the Secretary of the
Navy to order additional work stations under this paragraph is subject
to approval by both the Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Chief Information Officer of the
Department of Defense.
``(B) The Under Secretary of Defense for Acquisition, Technology,
and Logistics and the Chief Information Officer of the Department of
Defense may not grant approval to the Secretary of the Navy to order
additional work stations under subparagraph (A) until a three-phase
customer test and evaluation, observed by the Department of Defense, is
completed for a statistically significant representative sample of the
work stations operating on the Navy-Marine Corps Intranet. The test and
evaluation shall include end user testing of day-to-day operations
(including e-mail capability and performance), scenario-driven events,
and scenario-based interoperability testing.
``(2)(A) Notwithstanding subsection (b)(3), the Secretary of the
Navy may order additional work stations under the Navy-Marine Corps
Intranet contract in excess of the number provided in the first
increment of the contract under subsection (b)(2) and the number ordered
under the authority of paragraph (1), but not to exceed an additional
150,000 work stations. The authority of the Secretary of the Navy to
order additional work stations under this paragraph is also subject to
approval by both the Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Chief Information Officer of the
Department of Defense.
``(B) The Under Secretary of Defense for Acquisition, Technology,
and Logistics and the Chief Information Officer of the Department of
Defense may not grant approval to the Secretary
[[Page 115 STAT. 1066]]
of the Navy to order additional work stations under subparagraph (A)
until each of the following occurs:
``(i) There has been a full transition of not less than
20,000 work stations to the Navy-Marine Corps Intranet.
``(ii) The work stations referred to in clause (i) have met
applicable service-level agreements specified in the Navy-Marine
Corps Intranet contract, as determined by contractor performance
measurement under oversight by the Department of the Navy.
``(iii) The Chief Information Officer of the Navy certifies
to the Secretary of the Navy and the Chief Information Officer
of the Department of Defense that the results of the performance
evaluation referred to in clause (ii) are acceptable.
``(3) Of the work stations ordered under the authority provided by
paragraph (2), not more than 50 percent may reach the major milestone
known as `assumption of responsibility' until each of the following
occurs:
``(A) All work stations for the headquarters of the Naval
Air Systems Command have met applicable service-level agreements
specified in the Navy-Marine Corps Intranet contract, as
determined by contractor performance measurement under oversight
by the Department of the Navy.
``(B) The Chief Information Officer of the Navy certifies to
the Secretary of the Navy and the Chief Information Officer of
the Department of Defense that the results of the performance
evaluation referred to in subparagraph (B) are acceptable.
``(4) For the purposes of this section, when the information
infrastructure and systems of a user of a work station are transferred
into Navy-Marine Corps Intranet infrastructure and systems under the
Navy-Marine Corps Intranet contract consistent with the applicable
service-level agreements specified in the Navy-Marine Corps Intranet
contract, the work station shall be considered as having been provided
for the Navy-Marine Corps Intranet.
``(d) Reporting and Review Requirements.--(1) If work stations are
ordered using the authority provided by paragraph (1) or (2) of
subsection (c), the Secretary of the Navy shall submit to Congress a
report, current as of the date the determination is made to order the
work stations, on the following:
``(A) The number of work stations operating on the Navy-
Marine Corps Intranet, including the number of work stations
regarding which assumption of responsibility has occurred.
``(B) The status of testing and implementation of the Navy-
Marine Corps Intranet program.
``(C) The number of work stations to be ordered under
paragraph (1) or (2) of subsection (c), whichever applies.
``(2) A report containing the information required by paragraph (1)
shall also be submitted to Congress when the requirements of paragraph
(3) of subsection (c) are satisfied and additional work stations under
the Navy-Marine Corps Intranet contract are authorized to reach
assumption of responsibility.
``(3) The Comptroller General shall conduct a review of the impact
that participation in the Navy-Marine Corps Intranet program has on
information technology costs of working capital funded industrial
facilities of the Department of the Navy and submit the results of the
review to Congress.''.
[[Page 115 STAT. 1067]]
(b) Navy-Marine Corps Intranet Manager.--Such section is further
amended by inserting after subsection (d), as added by subsection (a)(2)
of this section, the following new subsection:
``(e) Assignment of Navy-Marine Corps Intranet Manager.--The
Secretary of the Navy shall assign an employee of the Department of the
Navy to the Navy-Marine Corps Intranet program whose sole responsibility
will be to oversee and direct the program. The employee so assigned may
not also be the program executive officer.''.
(c) Definitions.--Subsection (i) of such section, as redesignated by
subsection (a)(1) of this section, is amended--
(1) by striking ``Navy-Marine Corps Intranet Contract
Defined.--'' and inserting ``Definitions.--(1)''; and
(2) by adding at the end the following new paragraph:
``(2) In this section, the term `assumption of
responsibility', with respect to a work station, means the point
at which the contractor team under the Navy-Marine Corps
Intranet contract assumes operational control of, and
responsibility for, the existing information infrastructure and
systems of a work station, in order to prepare for ultimate
transition of the work station to the Navy-Marine Corps
Intranet.''.
SEC. 363. COMPTROLLER GENERAL STUDY AND REPORT OF NATIONAL GUARD
DISTRIBUTIVE TRAINING TECHNOLOGY PROJECT.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study of the Distributive Training Technology Project of
the National Guard. The study shall examine--
(1) current requirements of the National Guard for
interconnection of networks of the Distributive Training
Technology Project with other networks, including networks of
the Federal Emergency Management Agency and other Federal,
State, and local emergency preparedness and response agencies;
and
(2) future requirements of the National Guard for
interconnection of networks of the Project with other networks,
including those Federal and State agencies having disaster
response functions.
(b) Elements of Study.--For both the current requirements identified
under subsection (a)(1) and future requirements identified under
subsection (a)(2), the study shall examine the following:
(1) Appropriate connections between the Project and other
networks.
(2) Means of protecting the Project from outside intrusion.
(3) Impediments to interconnectivity, including the extent
to which national security concerns affect interconnectivity and
the technological capability of the Department of Defense to
impede interconnectivity, as well as other concerns or
limitations that affect interconnectivity.
(4) Means of improving interconnectivity.
(c) Report.--Not <<NOTE: Deadline.>> later than 270 days after the
date of the enactment of this Act, 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 study
conducted under subsection (a). The report shall describe the results of
the study and shall include any recommendations that the Comptroller
General considers appropriate in light of the study.
[[Page 115 STAT. 1068]]
SEC. 364. REAUTHORIZATION OF WARRANTY CLAIMS RECOVERY PILOT
PROGRAM.
(a) Extension of Authority.--Subsection (f) of section 391 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 10 U.S.C. 2304 note) is amended by striking ``September 30, 2000''
and inserting ``September 30, 2003''.
(b) Reporting <<NOTE: 10 USC 2304 note.>> Requirements.--Subsection
(g) of such section is amended--
(1) in paragraph (1), by striking ``January 1, 2001'' and
inserting ``January 1, 2003''; and
(2) in paragraph (2), by striking ``March 1, 2001'' and
inserting ``March 1, 2003''.
SEC. 365. EVALUATION OF CURRENT DEMONSTRATION PROGRAMS TO IMPROVE
QUALITY OF PERSONAL PROPERTY SHIPMENTS OF
MEMBERS.
(a) Completion <<NOTE: Deadline.>> of Evaluation; Report.--Not later
than March 31, 2002, the Secretary of Defense shall complete the ongoing
evaluation of all test programs regarding the transportation of
household goods for members of the Armed Forces and submit to Congress a
report containing the results of such evaluation.
(b) Contents of Report.--The report shall include--
(1) the results of each test program evaluated, including
whether the test program satisfied the goals for the movement of
such household goods (as contained in the General Accounting
Report NSIAD 97-49) and whether current business processes and
information technology capabilities require upgrading or other
changes to improve the transportation of such household goods;
and
(2) recommendations for policy improvements for military
household moves worldwide, including an estimate of the cost to
implement each recommendation.
SEC. 366. SENSE OF CONGRESS REGARDING SECURITY TO BE PROVIDED AT
2002 WINTER OLYMPIC GAMES.
It is the sense of Congress that the Secretary of Defense, upon
receipt of the certification of the Attorney General required by section
2564(a) of title 10, United States Code, should authorize the provision
of assistance in support of essential security and safety at the 2002
Winter Olympic Games to be held in Salt Lake City, Utah, and other
locations in the State of Utah.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Increase in senior enlisted active duty grade limit for Navy,
Marine Corps, and Air Force.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2002 limitation on non-dual status technicians.
Sec. 415. Limitations on numbers of reserve personnel serving on active
duty or full-time National Guard duty in certain grades for
administration of reserve components.
[[Page 115 STAT. 1069]]
Subtitle C--Other Matters Relating to Personnel Strengths
Sec. 421. Administration of end strengths.
Sec. 422. Active duty end strength exemption for National Guard and
reserve personnel performing funeral honors functions.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
Subtitle A--Active Forces
SEC. 401. <<NOTE: 10 USC 115 note.>> 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.
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''.
SEC. 403. INCREASE IN SENIOR ENLISTED ACTIVE DUTY GRADE LIMIT FOR
NAVY, MARINE CORPS, AND AIR FORCE.
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''.
Subtitle B--Reserve Forces
SEC. 411. <<NOTE: 10 USC 12001 note.>> 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.
[[Page 115 STAT. 1070]]
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 <<NOTE: 10 USC 12001 note.>> STRENGTHS FOR RESERVES
ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2002,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 23,698.
(2) The Army Reserve, 13,406.
(3) The Naval Reserve, 14,811.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,591.
(6) The Air Force Reserve, 1,437.
SEC. 413. END <<NOTE: 10 USC 115 note.>> STRENGTHS FOR MILITARY
TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2002 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 6,249.
(2) For the Army National Guard of the United States,
23,615.
(3) For the Air Force Reserve, 9,818.
(4) For the Air National Guard of the United States, 22,422.
SEC. 414. FISCAL YEAR 2002 LIMITATION ON NON-DUAL STATUS
TECHNICIANS.
(a) Limitation.--The number of non-dual status technicians employed
by the reserve components of the Army and the Air Force as of September
30, 2002, may not exceed the following:
(1) For the Army Reserve, 1,095.
(2) For the Army National Guard of the United States, 1,600.
(3) For the Air Force Reserve, 90.
(4) For the Air National Guard of the United States, 350.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. LIMITATIONS ON NUMBERS OF RESERVE PERSONNEL SERVING ON
ACTIVE DUTY OR FULL-TIME NATIONAL GUARD
DUTY IN CERTAIN GRADES FOR ADMINISTRATION
OF RESERVE COMPONENTS.
(a) Officers.--The text of section 12011 of title 10, United States
Code, is amended to read as follows:
``(a) Limitations.--(1) Of the total number of members of a reserve
component who are serving on full-time reserve component duty at the end
of any fiscal year, the number of those members who may be serving in
each of the grades of major, lieutenant
[[Page 115 STAT. 1071]]
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
[[Page 115 STAT. 1072]]
2,500................................................. 350 369 203
3,000................................................. 413 420 220
3,500................................................. 473 464 230
4,000................................................. 530 500 240
4,500................................................. 585 529 247
5,000................................................. 638 550 254
5,500................................................. 688 565 261
6,000................................................. 735 575 268
7,000................................................. 770 595 280
8,000................................................. 805 615 290
10,000................................................ 835 635 300
Air National Guard:
5,000................................................. 333 335 251
6,000................................................. 403 394 260
7,000................................................. 472 453 269
8,000................................................. 539 512 278
9,000................................................. 606 571 287
10,000................................................ 673 630 296
11,000................................................ 740 688 305
12,000................................................ 807 742 314
13,000................................................ 873 795 323
14,000................................................ 939 848 332
15,000................................................ 1,005 898 341
16,000................................................ 1,067 948 350
17,000................................................ 1,126 998 359
18,000................................................ 1,185 1,048 368
19,000................................................ 1,235 1,098 377
20,000................................................ 1,283 1,148 380.
----------------------------------------------------------------------------------------------------------------
``(2) Of the total number of members of the Naval Reserve who are
serving on full-time reserve component duty at the end of any fiscal
year, the number of those members who may be serving in each of the
grades of lieutenant commander, commander, and captain may not, as of
the end of that fiscal year, exceed the number determined in accordance
with the following table:
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving in the grade of:
``Total number of members of Naval Reserve serving on ---------------------------------------------------------
full-time reserve component duty: Lieutenant
commander Commander Captain
----------------------------------------------------------------------------------------------------------------
10,000................................................ 807 447 141
11,000................................................ 867 467 153
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
[[Page 115 STAT. 1073]]
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) <<NOTE: Notice.>> Whenever the Secretary exercises the
authority provided in paragraph (1), the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives notice in writing of the
adjustment made.
``(e) Full-Time Reserve Component Duty Defined.--In this section,
the term `full-time reserve component duty' means the following duty:
``(1) Active duty described in sections 10211, 10302, 10303,
10304, 10305, 12310, or 12402 of this title.
``(2) Full-time National Guard duty (other than for
training) under section 502(f) of title 32.
``(3) Active duty described in section 708 of title 32.''.
(b) Senior Enlisted Members.--The text of section 12012 of title 10,
United States Code, is amended to read as follows:
``(a) Limitations.--Of the total number of members of a reserve
component who are serving on full-time reserve component duty at the end
of any fiscal year, the number of those members in each of pay grades of
E-8 and E-9 who may be serving on active duty under section 10211 or
12310, or on full-time National Guard duty under the authority of
section 502(f) of title 32 (other than
[[Page 115 STAT. 1074]]
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
[[Page 115 STAT. 1075]]
1,400............................ 65 14
1,500............................ 70 15
1,600............................ 75 16
1,700............................ 80 17
1,800............................ 85 18
1,900............................ 89 19
2,000............................ 93 20
2,100............................ 96 21
2,200............................ 99 22
2,300............................ 101 23
2,400............................ 103 24
2,500............................ 105 25
2,600............................ 107 26
Air Force Reserve:
500.............................. 75 40
1,000............................ 145 75
1,500............................ 208 105
2,000............................ 270 130
2,500............................ 325 150
3,000............................ 375 170
3,500............................ 420 190
4,000............................ 460 210
4,500............................ 495 230
5,000............................ 530 250
5,500............................ 565 270
6,000............................ 600 290
7,000............................ 670 330
8,000............................ 740 370
10,000........................... 800 400
Air National Guard
5,000............................ 1,020 405
6,000............................ 1,070 435
7,000............................ 1,120 465
8,000............................ 1,170 490
9,000............................ 1,220 510
10,000........................... 1,270 530
11,000........................... 1,320 550
12,000........................... 1,370 570
13,000........................... 1,420 589
14,000........................... 1,470 608
15,000........................... 1,520 626
16,000........................... 1,570 644
17,000........................... 1,620 661
18,000........................... 1,670 678
19,000........................... 1,720 695
20,000........................... 1,770 712.
------------------------------------------------------------------------
``(b) Determinations by Interpolation.--If the total number of
members of a reserve component serving on full-time reserve component
duty is between any two consecutive numbers in the
[[Page 115 STAT. 1076]]
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 members
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) <<NOTE: Notice.>> 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.''.
Subtitle C--Other Matters Relating to Personnel Strengths
SEC. 421. ADMINISTRATION OF END STRENGTHS.
(a) Increase in Percentage by Which Active Component End Strengths
May Be Increased.--Section 115(c)(1) of title 10, United States Code, is
amended by striking ``1 percent'' and inserting ``2 percent''.
(b) Waiver of End Strengths During National Emergency.--The text of
section 123a of such title is amended to read as follows:
``(a) During War or National Emergency.--If at the end of any fiscal
year there is in effect a war or national emergency, the President may
waive any statutory end strength with respect to that fiscal year. Any
such waiver may be issued only for a statutory end strength that is
prescribed by law before the waiver is issued.
``(b) Upon Termination of War or National Emergency.--Upon the
termination of a war or national emergency with respect to which the
President has exercised the authority provided by subsection (a), the
President may defer the effectiveness of any statutory end strength with
respect to the fiscal year during which
[[Page 115 STAT. 1077]]
the termination occurs. Any such deferral may not extend beyond the last
day of the sixth month beginning after the date of such termination.
``(c) Statutory End Strength.--In this section, the term `statutory
end strength' means any end-strength limitation with respect to a fiscal
year that is prescribed by law for any military or civilian component of
the armed forces or of the Department of Defense.''.
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.''.
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
$82,307,281,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2002.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Enhanced flexibility for management of senior general and flag
officer positions.
Sec. 502. Certifications of satisfactory performance for retirement of
officers in grades above major general and rear admiral.
Sec. 503. Review of actions of selection boards.
Sec. 504. 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. 505. Authority for promotion without selection board consideration
for all fully qualified officers in grade of first lieutenant
or lieutenant (junior grade) in the Navy.
Sec. 506. Authority to adjust date of rank of certain promotions delayed
by reason of unusual circumstances.
Sec. 507. Authority for limited extension of medical deferment of
mandatory retirement or separation.
Sec. 508. Authority for limited extension on active duty of members
subject to mandatory retirement or separation.
Sec. 509. Exemption from certain administrative limitations for retired
officers ordered to active duty as defense or service
attaches.
Sec. 510. Officer in charge of United States Navy Band.
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.
[[Page 115 STAT. 1078]]
Sec. 512. Exception to baccalaureate degree requirement for appointment
of Reserve officers to grades above first lieutenant.
Sec. 513. Improved disability benefits for certain reserve component
members.
Sec. 514. Time-in-grade requirement for reserve component officers
retired with a nonservice-connected disability.
Sec. 515. Equal treatment of Reserves and full-time active duty members
for purposes of managing personnel deployments.
Sec. 516. Modification of physical examination requirements for members
of the Individual Ready Reserve.
Sec. 517. Retirement of Reserve members without requirement for formal
application or request.
Sec. 518. Space-required travel by Reserves on military aircraft.
Sec. 519. Payment of Federal Employee Health Benefit Program premiums
for certain Reservists called to active duty in support of
contingency operations.
Subtitle C--Joint Specialty Officers and Joint Professional Military
Education
Sec. 521. Nominations and promotions for joint specialty officers.
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. Foreign students attending the service academies.
Sec. 534. Increase in maximum age for appointment as a cadet or
midshipman in Senior Reserve Officers' Training Corps
scholarship programs.
Sec. 535. Participation of regular enlisted members of the Armed Forces
in Senior Reserve Officers' Training Corps program.
Sec. 536. Authority to modify the service obligation of certain ROTC
cadets in military junior colleges receiving financial
assistance.
Sec. 537. Repeal of limitation on number of Junior Reserve Officers'
Training Corps units.
Sec. 538. Modification of nurse officer candidate accession program
restriction on students attending educational institutions
with senior reserve officers' training programs.
Sec. 539. Reserve health professionals stipend program expansion.
Sec. 540. Housing allowance for the chaplain for the Corps of Cadets at
the United States Military Academy.
Subtitle E--Recruiting and Accession Programs
Sec. 541. 18-month enlistment pilot program.
Sec. 542. Improved benefits under the Army College First program.
Sec. 543. Correction and extension of certain Army recruiting pilot
program authorities.
Sec. 544. Military recruiter access to secondary school students.
Sec. 545. Permanent authority for use of military recruiting funds for
certain expenses at Department of Defense recruiting
functions.
Sec. 546. Report on health and disability benefits for pre-accession
training and education programs.
Subtitle F--Decorations, Awards, and Posthumous Commissions
Sec. 551. Authority for award of the Medal of Honor to Humbert R.
Versace, Jon E. Swanson, and Ben L. Salomon for valor.
Sec. 552. Review regarding award of Medal of Honor to certain Jewish
American and Hispanic American war veterans.
Sec. 553. Authority to issue duplicate Medals of Honor and to replace
stolen military decorations.
Sec. 554. Retroactive Medal of Honor special pension.
[[Page 115 STAT. 1079]]
Sec. 555. Waiver of time limitations for award of certain decorations to
certain persons.
Sec. 556. Sense of Congress on issuance of certain medals.
Sec. 557. Sense of Congress on development of a more comprehensive,
uniform policy for the award of decorations to military and
civilian personnel of the Department of Defense.
Sec. 558. 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.
Subtitle G--Funeral Honors Duty
Sec. 561. Participation of military retirees in funeral honors details.
Sec. 562. Funeral honors duty performed by Reserve and Guard members to
be treated as inactive-duty training for certain purposes.
Sec. 563. Use of military leave for funeral honors duty by Reserve
members and National Guardsmen.
Sec. 564. Authority to provide appropriate articles of clothing as a
civilian uniform for civilians participating in funeral honor
details.
Subtitle H--Military Spouses and Family Members
Sec. 571. Improved financial and other assistance to military spouses
for job training and education.
Sec. 572. Persons authorized to be included in surveys of military
families regarding Federal programs.
Sec. 573. Clarification of treatment of classified information
concerning persons in a missing status.
Sec. 574. Transportation to annual meeting of next-of-kin of persons
unaccounted for from conflicts after World War II.
Sec. 575. Amendments to charter of Defense Task Force on Domestic
Violence.
Subtitle I--Military Justice and Legal Assistance Matters
Sec. 581. Blood alcohol content limit for the offense under the Uniform
Code of Military Justice of drunken operation of a vehicle,
aircraft, or vessel.
Sec. 582. Requirement that courts-martial consist of not less than 12
members in capital cases.
Sec. 583. Acceptance of voluntary legal assistance for the civil affairs
of members and former members of the uniformed services and
their dependents.
Subtitle J--Other Matters
Sec. 591. Congressional review period for change in ground combat
exclusion policy.
Sec. 592. Per diem allowance for lengthy or numerous deployments.
Sec. 593. Clarification of disability severance pay computation.
Sec. 594. Transportation or storage of privately owned vehicles on
change of permanent station.
Sec. 595. Repeal of requirement for final Comptroller General report
relating to Army end strength allocations.
Sec. 596. Continued Department of Defense administration of National
Guard Challenge program and Department of Defense Starbase
program.
Sec. 597. Report on Defense Science Board recommendation on original
appointments in regular grades for Academy graduates and
certain other new officers.
Sec. 598. Sense of Congress regarding the selection of officers for
recommendation for appointment as Commander, United States
Transportation Command.
Subtitle A--Officer Personnel Policy
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.
[[Page 115 STAT. 1080]]
SEC. 502. CERTIFICATIONS OF SATISFACTORY PERFORMANCE FOR
RETIREMENT OF OFFICERS IN GRADES ABOVE
MAJOR GENERAL AND REAR ADMIRAL.
Section 1370(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) The Secretary of Defense may delegate authority to make a
certification with respect to an officer under paragraph (1) only to the
Under Secretary of Defense for Personnel and Readiness or the Deputy
Under Secretary of Defense for Personnel and Readiness.
``(B) If authority is delegated under subparagraph (A) and, in the
course of consideration of an officer for a certification under
paragraph (1), the Under Secretary or (if such authority is delegated to
both the Under and Deputy Under Secretary) the Deputy Under Secretary
makes a determination described in subparagraph (C) with respect to that
officer, the Under Secretary or Deputy Under Secretary, as the case may
be, may not exercise the delegated authority in that case, but shall
refer the matter to the Secretary of Defense, who shall personally
determine whether to issue a certification under paragraph (1) with
respect to that officer.
``(C) A determination referred to in subparagraph (B) is a
determination that there is potentially adverse information concerning
an officer and that such information has not previously been submitted
to the Senate in connection with the consideration by the Senate of a
nomination of that officer for an appointment for which the advice and
consent of the Senate is required.''.
SEC. 503. REVIEW OF ACTIONS OF SELECTION BOARDS.
(a) In General.--(1) Chapter 79 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1558. Review of actions of selection boards: correction of
military records by special boards; judicial
review
``(a) Correction of Military Records.--The Secretary of a military
department may correct a person's military records in accordance with a
recommendation made by a special board. Any such correction may be made
effective as of the effective date of the action taken on a report of a
previous selection board that resulted in the action corrected in the
person's military records.
``(b) Definitions.--In this section:
``(1) Special board.--(A) The term `special board' means a
board that the Secretary of a military department convenes under
any authority to consider whether to recommend a person for
appointment, enlistment, reenlistment, assignment, promotion,
retention, separation, retirement, or transfer to inactive
status in a reserve component instead of referring the records
of that person for consideration by a previously convened
selection board which considered or should have considered that
person.
``(B) Such term includes a board for the correction of
military records convened under section 1552 of this title, if
designated as a special board by the Secretary concerned.
``(C) Such term does not include a promotion special
selection board convened under section 628 or 14502 of this
title.
``(2) Selection board.--(A) The term `selection board' means
a selection board convened under section 573(c), 580, 580a, 581,
611(b), 637, 638, 638a, 14101(b), 14701, 14704, or
[[Page 115 STAT. 1081]]
14705 of this title, and any other board convened by the
Secretary of a military department under any authority to
recommend persons for appointment, enlistment, reenlistment,
assignment, promotion, or retention in the armed forces or for
separation, retirement, or transfer to inactive status in a
reserve component for the purpose of reducing the number of
persons serving in the armed forces.
``(B) Such term does not include any of the following:
``(i) A promotion board convened under section
573(a), 611(a), or 14101(a) of this title.
``(ii) A special board.
``(iii) A special selection board convened under
section 628 of this title.
``(iv) A board for the correction of military
records convened under section 1552 of this title.
``(3) Involuntarily board-separated.--The term
`involuntarily board-separated' means separated or retired from
an armed force, or transferred to the Retired Reserve or to
inactive status in a reserve component, as a result of a
recommendation of a selection board.
``(c) Relief Associated With Correction of Certain Actions.--(1) The
Secretary of the military department concerned shall ensure that an
involuntarily board-separated person receives relief under paragraph (2)
or under paragraph (3) if the person, as a result of a correction of the
person's military records under subsection (a), becomes entitled to
retention on or restoration to active duty or to active status in a
reserve component.
``(2)(A) A person referred to in paragraph (1) shall, with that
person's consent, be restored to the same status, rights, and
entitlements (less appropriate offsets against back pay and allowances)
in that person's armed force as the person would have had if the person
had not been selected to be involuntarily board-separated as a result of
an action the record of which is corrected under subsection (a). An
action under this subparagraph is subject to subparagraph (B).
``(B) Nothing in subparagraph (A) may be construed to permit a
person to be on active duty or in an active status in a reserve
component after the date on which the person would have been separated,
retired, or transferred to the Retired Reserve or to inactive status in
a reserve component if the person had not been selected to be
involuntarily board-separated in an action of a selection board the
record of which is corrected under subsection (a).
``(3) If an involuntarily board-separated person referred to in
paragraph (1) does not consent to a restoration of status, rights, and
entitlements under paragraph (2), the Secretary concerned shall pay that
person back pay and allowances (less appropriate offsets), and shall
provide that person service credit, for the period--
``(A) beginning on the date of the person's separation,
retirement, or transfer to the Retired Reserve or to inactive
status in a reserve component, as the case may be; and
``(B) ending on the earlier of--
``(i) the date on which the person would have been
so restored under paragraph (2), as determined by the
Secretary concerned; or
``(ii) the date on which the person would otherwise
have been separated, retired, or transferred to the
Retired
[[Page 115 STAT. 1082]]
Reserve or to inactive status in a reserve component, as
the case may be.
``(d) Finality of Unfavorable Action.--If a special board makes a
recommendation not to correct the military records of a person regarding
action taken in the case of that person on the basis of a previous
report of a selection board, the action previously taken on that report
shall be considered as final as of the date of the action taken on that
report.
``(e) Regulations.--(1) The Secretary of each military department
shall prescribe regulations to carry out this section. Regulations under
this subsection may not apply to subsection (f), other than to paragraph
(4)(C) of that subsection.
``(2) The Secretary may prescribe in the regulations under paragraph
(1) the circumstances under which consideration by a special board may
be provided for under this section, including the following:
``(A) The circumstances under which consideration of a
person's case by a special board is contingent upon application
by or for that person.
``(B) Any time limits applicable to the filing of an
application for such consideration.
``(3) Regulations prescribed by the Secretary of a military
department under this subsection may not take effect until approved by
the Secretary of Defense.
``(f) Judicial Review.--(1) A person seeking to challenge an action
or recommendation of a selection board, or an action taken by the
Secretary of the military department concerned on the report of a
selection board, is not entitled to relief in any judicial proceeding
unless the action or recommendation has first been considered by a
special board under this section or the Secretary concerned has denied
the convening of such a board for such consideration.
``(2)(A) A court of the United States may review a determination by
the Secretary of a military department not to convene a special board in
the case of any person. In any such case, the court may set aside the
Secretary's determination only if the court finds the determination to
be--
``(i) arbitrary or capricious;
``(ii) not based on substantial evidence;
``(iii) a result of material error of fact or material
administrative error; or
``(iv) otherwise contrary to law.
``(B) If a court sets aside a determination by the Secretary of a
military department not to convene a special board, it shall remand the
case to the Secretary concerned, who shall provide for consideration by
a special board.
``(3) A court of the United States may review a recommendation of a
special board or an action of the Secretary of the military department
concerned on the report of a special board. In any such case, a court
may set aside the action only if the court finds that the recommendation
or action was--
``(A) arbitrary or capricious;
``(B) not based on substantial evidence;
``(C) a result of material error of fact or material
administrative error; or
``(D) otherwise contrary to law.
``(4)(A) If, six months after receiving a complete application for
consideration by a special board in any case, the Secretary
[[Page 115 STAT. 1083]]
concerned has not convened a special board and has not denied
consideration by a special board in that case, the Secretary shall be
deemed for the purposes of this subsection to have denied consideration
of the case by a special board.
``(B) If, six months after the convening of a special board in any
case, the Secretary concerned has not taken final action on the report
of the special board, the Secretary shall be deemed for the purposes of
this subsection to have denied relief in such case.
``(C) Under regulations prescribed under subsection (e), the
Secretary of a military department may waive the applicability of
subparagraph (A) or (B) in a case if the Secretary determines that a
longer period for consideration of the case is warranted. Such a waiver
may be for an additional period of not more than six months. The
Secretary concerned may not delegate authority to make a determination
under this subparagraph.
``(g) Existing Jurisdiction.--Nothing in this section limits--
``(1) the jurisdiction of any court of the United States
under any provision of law to determine the validity of any law,
regulation, or policy relating to selection boards; or
``(2) the authority of the Secretary of a military
department to correct a military record under section 1552 of
this title.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1558. Review of actions of selection boards: correction of military
records by special boards; judicial review.''.
(b) Special Selection Boards.--Section 628 of such title is
amended--
(1) by redesignating subsection (g) as subsection (k); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Judicial Review.--(1)(A) A court of the United States may
review a determination by the Secretary of a military department under
subsection (a)(1) or (b)(1) not to convene a special selection board in
the case of any person. In any such case, the court may set aside the
Secretary's determination only if the court finds the determination to
be--
``(i) arbitrary or capricious;
``(ii) not based on substantial evidence;
``(iii) a result of material error of fact or material
administrative error; or
``(iv) otherwise contrary to law.
``(B) If a court sets aside a determination by the Secretary of a
military department not to convene a special selection board under this
section, it shall remand the case to the Secretary concerned, who shall
provide for consideration by such a board.
``(2) A court of the United States may review the action of a
special selection board convened under this section or an action of the
Secretary of the military department concerned on the report of such a
board. In any such case, a court may set aside the action only if the
court finds that the action was--
``(A) arbitrary or capricious;
``(B) not based on substantial evidence;
``(C) a result of material error of fact or material
administrative error; or
``(D) otherwise contrary to law.
[[Page 115 STAT. 1084]]
``(3)(A) If, six months after receiving a complete application for
consideration by a special selection board under this section in any
case, the Secretary concerned has not convened such a board and has not
denied consideration by such a board in that case, the Secretary shall
be deemed for the purposes of this subsection to have denied the
consideration of the case by such a board.
``(B) If, six months after the convening of a special selection
board under this section in any case, the Secretary concerned has not
taken final action on the report of the board, the Secretary shall be
deemed for the purposes of this subsection to have denied relief in such
case.
``(C) Under regulations prescribed under subsection (j), the
Secretary of a military department may waive the applicability of
subparagraph (A) or (B) in a case if the Secretary determines that a
longer period for consideration of the case is warranted. Such a waiver
may be for an additional period of not more than six months. The
Secretary concerned may not delegate authority to make a determination
under this subparagraph.
``(h) Limitations of Other Jurisdiction.--No official or court of
the United States may, with respect to a claim based to any extent on
the failure of a person to be selected for promotion by a promotion
board--
``(1) consider the claim unless the person has first been
referred by the Secretary concerned to a special selection board
convened under this section and acted upon by that board and the
report of the board has been approved by the President; or
``(2) except as provided in subsection (g), grant any relief
on the claim unless the person has been selected for promotion
by a special selection board convened under this section to
consider the person for recommendation for promotion and the
report of the board has been approved by the President.
``(i) Existing Jurisdiction.--Nothing in this section limits--
``(1) the jurisdiction of any court of the United States
under any provision of law to determine the validity of any law,
regulation, or policy relating to selection boards; or
``(2) the authority of the Secretary of a military
department to correct a military record under section 1552 of
this title.
``(j) Regulations.--(1) The Secretary of each military department
shall prescribe regulations to carry out this section. Regulations under
this subsection may not apply to subsection (g), other than to paragraph
(3)(C) of that subsection.
``(2) The Secretary may prescribe in the regulations under paragraph
(1) the circumstances under which consideration by a special selection
board may be provided for under this section, including the following:
``(A) The circumstances under which consideration of a
person's case by a special selection board is contingent upon
application by or for that person.
``(B) Any time limits applicable to the filing of an
application for such consideration.
``(3) Regulations prescribed by the Secretary of a military
department under this subsection may not take effect until approved by
the Secretary of Defense.''.
(c) Effective <<NOTE: Applicability. 10 USC 628 note.>> Date.--(1)
Except as provided in paragraph (2), the amendments made by this section
shall apply with respect
[[Page 115 STAT. 1085]]
to any proceeding pending on or after the date of the enactment of this
Act without regard to whether a challenge to an action of a selection
board of any of the Armed Forces being considered in the proceeding was
initiated before, on, or after that date.
(2) The amendments made by this section shall not apply with respect
to any action commenced in a court of the United States before the date
of the enactment of this Act.
SEC. 504. 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)(1)(B) of section 619 of title 10,
United States Code, is amended by inserting before the period at the end
the following: ``, except that the minimum period of service in effect
under this subparagraph before October 1, 2005, shall be eighteen
months''.
(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. 505. AUTHORITY FOR PROMOTION WITHOUT SELECTION BOARD
CONSIDERATION FOR ALL FULLY QUALIFIED
OFFICERS IN GRADE OF FIRST LIEUTENANT OR
LIEUTENANT (JUNIOR GRADE) IN THE NAVY.
(a) Active-Duty List Promotions.--(1) Section 624(a) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(3)(A) Except as provided in subsection (d), officers on the
active-duty list in the grade of first lieutenant or, in the case of the
Navy, lieutenant (junior grade) who are on an approved all-fully-
qualified-officers list shall be promoted to the next higher grade in
accordance with regulations prescribed by the Secretary concerned.
``(B) <<NOTE: President.>> An all-fully-qualified-officers list
shall be considered to be approved for purposes of subparagraph (A) when
the list is approved by the President. When so approved, such a list
shall be treated in the same manner as a promotion list under this
chapter.
``(C) The Secretary of a military department may make a
recommendation to the President for approval of an all-fully-qualified-
officers list only when the Secretary determines that all officers on
the list are needed in the next higher grade to accomplish mission
objectives.
[[Page 115 STAT. 1086]]
``(D) For purposes of this paragraph, an all-fully-qualified-
officers list is a list of all officers on the active-duty list in a
grade who the Secretary of the military department concerned
determines--
``(i) are fully qualified for promotion to the next higher
grade; and
``(ii) would be eligible for consideration for promotion to
the next higher grade by a selection board convened under
section 611(a) of this title upon the convening of such a
board.''.
(2) Section 631 of such title is amended by adding at the end the
following new subsection:
``(d) For the purposes of this chapter, an officer of the Army, Air
Force, or Marine Corps who holds the grade of first lieutenant, and an
officer of the Navy who holds the grade of lieutenant (junior grade),
shall be treated as having failed of selection for promotion if the
Secretary of the military department concerned determines that the
officer would be eligible for consideration for promotion to the next
higher grade by a selection board convened under section 611(a) of this
title if such a board were convened but is not fully qualified for
promotion when recommending for promotion under section 624(a)(3) of
this title all fully qualified officers of the officer's armed force in
such grade who would be eligible for such consideration.''.
(3) Section 611 of such title is amended--
(A) in subsection (a)--
(i) by striking ``Under'' and all that follows
through ``require,'' and inserting ``Whenever the needs
of the service require, the Secretary of the military
department concerned''; and
(ii) by adding at the end the following new
sentence: ``The preceding sentence does not require the
convening of a selection board in the case of officers
in the permanent grade of first lieutenant or, in the
case of the Navy, lieutenant (junior grade) when the
Secretary concerned recommends for promotion to the next
higher grade under section 624(a)(3) of this title all
such officers whom the Secretary finds to be fully
qualified for promotion.'';
(B) in subsection (b), by striking ``Under'' and all that
follows through ``require,'' and inserting ``Whenever the needs
of the service require, the Secretary of the military department
concerned''; and
(C) by adding at the end the following new subsection:
``(c) <<NOTE: Regulations.>> The convening of selection boards under
subsections (a) and (b) shall be under regulations prescribed by the
Secretary of Defense.''.
(b) Reserve Active-Status List Promotions.--(1) Section 14308(b) of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(4)(A) Officers in the permanent grade of first lieutenant or, in
the case of the Navy, lieutenant (junior grade) who are on an approved
all-fully-qualified-officers list shall be promoted to the next higher
grade in accordance with regulations prescribed by the Secretary
concerned. Such promotions shall be in the manner specified in section
12203 of this title.
``(B) <<NOTE: President.>> An all-fully-qualified-officers list
shall be considered to be approved for purposes of subparagraph (A) when
the list is approved by the President. When so approved, such a list
shall
[[Page 115 STAT. 1087]]
be treated in the same manner as a promotion list under this chapter and
chapter 1403 of this title.
``(C) The Secretary of a military department may make a
recommendation to the President for approval of an all-fully-qualified-
officers list only when the Secretary determines that all officers on
the list are needed in the next higher grade to accomplish mission
objectives.
``(D) For purposes of this paragraph, an all-fully-qualified-
officers list is a list of all officers on the reserve active-status
list in a grade who the Secretary of the military department concerned
determines--
``(i) are fully qualified for promotion to the next higher
grade; and
``(ii) would be eligible for consideration for promotion to
the next higher grade by a selection board convened under
section 14101(a) of this title upon the convening of such a
board.''.
(2) Section 14504 of such title is amended by adding at the end the
following new subsection:
``(c) Officers in Grade of First Lieutenant or Lieutenant (Junior
Grade) Found Not Fully Qualified for Promotion.--For the purposes of
this chapter, an officer of the Army, Air Force, or Marine Corps on a
reserve active-status list who holds the grade of first lieutenant, and
an officer of the Navy on a reserve active-status list who holds the
grade of lieutenant (junior grade), shall be treated as having failed of
selection for promotion if the Secretary of the military department
concerned determines that the officer would be eligible for
consideration for promotion to the next higher grade by a selection
board convened under section 14101(a) of this title if such a board were
convened but is not fully qualified for promotion when recommending for
promotion under section 14308(b)(4) of this title all fully qualified
officers of the officer's armed force in such grade who would be
eligible for such consideration.''.
(3) Section 14101(a) of such title is amended by adding at the end
the following new paragraph:
``(3) Paragraph (1) does not require the convening of a selection
board in the case of officers in the permanent grade of first lieutenant
or, in the case of the Navy, lieutenant (junior grade) when the
Secretary concerned recommends for promotion to the next higher grade
under section 14308(b)(4) of this title all such officers whom the
Secretary finds to be fully qualified for promotion.''.
(c) Conforming Amendments.--Title 10, United States Code, is amended
as follows:
(1)(A) Section 619(d) is amended by adding at the end the
following new paragraph:
``(4) An officer in the grade of first lieutenant or, in the
case of the Navy, lieutenant (junior grade) who is on an
approved all-fully-qualified-officers list under section
624(a)(3) of this title.''.
(B) Section 14301(c) is amended by adding at the end the
following new paragraph:
``(5) An officer in the grade of first lieutenant or, in the
case of the Navy, lieutenant (junior grade) who is on an
approved all-fully-qualified-officers list under section
14308(b)(4) of this title.''.
(2)(A) Section 624(d) is amended--
[[Page 115 STAT. 1088]]
(i) in the second sentence of paragraph (1), by
inserting after ``on the promotion list'' the following:
``(including an approved all-fully-qualified-officers
list, if applicable)''; and
(ii) in the second sentence of paragraph (2), by
inserting after ``to such grade, the officer'' the
following: ``shall be retained on the promotion list
(including an approved all-fully-qualified-officers
list, if applicable) and''.
(B) Section 14311 is amended--
(i) in subsection (a)(2), by inserting after ``on
the promotion list'' the following: ``(including an
approved all-fully-qualified-officers list, if
applicable)''; and
(ii) in subsection (b), by inserting in the second
sentence after ``on the promotion list'' the following:
``(including an approved all-fully-qualified-officers
list, if applicable)''.
(3)(A) Section 628(a)(1) is amended by inserting after ``not
so considered,'' the following: ``or the name of a person that
should have been placed on an all-fully-qualified-officers list
under section 624(a)(3) of this title was not so placed,''.
(B) Section 14502(a)(1) is amended by inserting after
``because of administrative error,'' the following: ``or whose
name was not placed on an all-fully-qualified-officers list
under section 14308(b)(4) of this title because of
administrative error,''.
(4) Section 1211(e) is amended by inserting after ``a
promotion list,'' the following: ``an approved all-fully-
qualified-officers list,''.
(d) Technical Amendments To Strike Certain DOPMA References to
Regular Officers.--Chapter 36 of such title is amended as follows:
(1) Section 624(c) is amended--
(A) by inserting ``, in the case of officers of the
Army, Air Force, or Marine Corps,'' after ``captain'';
and
(B) by inserting ``, in the case of officers of the
Navy,'' after ``or lieutenant'' the second place it
appears.
(2) Section 630 is amended by striking ``regular'' both
places it appears.
(3) Sections 631(a) and 632(a) are each amended--
(A) by striking ``Regular Army, Regular Air Force,
or Regular Marine Corps'' and inserting ``Army, Air
Force, or Marine Corps on the active-duty list'';
(B) by striking ``Regular Navy'' and inserting
``Navy on the active-duty list''; and
(C) by striking ``regular'' each place it appears.
(4)(A) The heading of section 630 and the item relating to
that section in the table of sections at the beginning of
subchapter III are each amended by striking the third word.
(B) The heading of section 631 and the item relating to that
section in the table of sections at the beginning of subchapter
III are each amended by striking the eighth word.
(C) The heading of section 632 and the item relating to that
section in the table of sections at the beginning of subchapter
III are each amended by striking the eighth and twenty-first
words.
[[Page 115 STAT. 1089]]
SEC. 506. AUTHORITY TO ADJUST DATE OF RANK OF CERTAIN PROMOTIONS
DELAYED BY REASON OF UNUSUAL
CIRCUMSTANCES.
(a) Active Duty Officers.--Subsection 741(d) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(4)(A) The Secretary concerned may adjust the date of rank of an
officer appointed under section 624(a) of this title to a higher grade
that is not a general officer or flag officer grade if the appointment
of that officer to that grade is delayed from the date on which (as
determined by the Secretary) it would otherwise have been made by reason
of unusual circumstances (as determined by the Secretary) that cause an
unintended delay in--
``(i) the processing or approval of the report of the
selection board recommending the appointment of that officer to
that grade; or
``(ii) the processing or approval of the promotion list
established on the basis of that report.
``(B) The adjusted date of rank applicable to the grade of an
officer under subparagraph (A) shall be consistent--
``(i) with the officer's position on the promotion list for
that grade and competitive category when additional officers in
that grade and competitive category were needed; and
``(ii) with compliance with the applicable authorized
strengths for officers in that grade and competitive category.
``(C) <<NOTE: Effective date.>> The adjusted date of rank applicable
to the grade of an officer under subparagraph (A) shall be the effective
date for--
``(i) the officer's pay and allowances for that grade; and
``(ii) the officer's position on the active-duty list.
``(D) <<NOTE: Notification.>> When under subparagraph (A) the
Secretary concerned adjusts the date of rank of an officer in a grade to
which the officer was appointed by and with the advice and consent of
the Senate and the adjustment is to a date before the date of the advice
and consent of the Senate to that appointment, the Secretary shall
promptly transmit to the Committee on Armed Services of the Senate a
notification of that adjustment. Any such notification shall include the
name of the officer and a discussion of the reasons for the adjustment
of date of rank.
``(E) <<NOTE: Regulations. Applicability.>> Any adjustment in date
of rank under this paragraph shall be made under regulations prescribed
by the Secretary of Defense, which shall apply uniformly among the Army,
Navy, Air Force, and Marine Corps.''.
(b) Reserve Officers.--(1) Section 14308(c) of such title is
amended--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The date of rank of an officer appointed to a higher grade
under this section may be adjusted in the same manner as an adjustment
may be made under section 741(d)(4) of this title in the date of rank of
an officer appointed to a higher grade under section 624(a) of this
title. In any use of the authority under the preceding sentence,
subparagraph (C)(ii) of such section shall be applied by substituting
`reserve active-status list' for `active-duty list'.''.
[[Page 115 STAT. 1090]]
(2) Paragraph (3) of such section, as redesignated by paragraph
(1)(A), is amended by inserting ``provided in paragraph (2) or as
otherwise'' after ``Except as''.
(c) Effective <<NOTE: 10 USC 741 note.>> Date.--(1) Paragraph (4) of
section 741(d) of title 10, United States Code, as added by subsection
(a), and paragraph (2) of section 14308(c) of such title, as added by
subsection (b), shall apply with respect to any report of a selection
board recommending officers for promotion to the next higher grade that
is submitted to the Secretary of the military department concerned on or
after the date of the enactment of this Act.
(2) The Secretary of the military department concerned may apply the
applicable paragraph referred to in paragraph (1) in the case of an
appointment of an officer to a higher grade resulting from a report of a
selection board submitted to the Secretary before the date of the
enactment of this Act if the Secretary determines that such appointment
would have been made on an earlier date that is on or after October 1,
2001, and was delayed under the circumstances specified in paragraph (4)
of section 741(d) of title 10, United States Code, as added by
subsection (a).
SEC. 507. 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. 508. 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 after 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
[[Page 115 STAT. 1091]]
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 after the date of such termination.''.
SEC. 509. EXEMPTION FROM CERTAIN ADMINISTRATIVE LIMITATIONS FOR
RETIRED OFFICERS ORDERED TO ACTIVE DUTY AS
DEFENSE OR SERVICE ATTACHES.
(a) Limitation of Period of Recalled Service.--Section 688(e)(2) of
title 10, United States Code, is amended by adding at the end the
following new subparagraph:
``(D) An officer who is assigned to duty as a defense
attache or service attache for the period of active duty to
which ordered.''.
(b) Limitation on Number of Recalled Officers on Active Duty.--
Section 690(b)(2) of such title is amended by adding at the end the
following new subparagraph:
``(E) An officer who is assigned to duty as a defense
attache or service attache for the period of active duty to
which ordered.''.
(c) Applicability.--The <<NOTE: 10 USC 688 note.>> amendments made
by subsections (a) and (b) shall apply with respect to officers serving
on active duty as a defense attache or service attache on or after the
date of the enactment of this Act.
SEC. 510. 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)(1) An officer of the Navy designated for limited duty under
section 5589 or 5596 of this title who is serving in a grade above
lieutenant may be detailed by the Secretary of the Navy as Officer in
Charge of the United States Navy Band.
``(2) While serving as Officer in Charge of the United States Navy
Band, an officer shall hold the grade of captain if 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 such section 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.''.
[[Page 115 STAT. 1092]]
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 <<NOTE: 10 USC 641 note.>> 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. EXCEPTION TO BACCALAUREATE DEGREE REQUIREMENT FOR
APPOINTMENT OF RESERVE OFFICERS TO GRADES
ABOVE FIRST LIEUTENANT.
(a) Reauthorization of Waiver Authority for Army OCS Graduates and
Inclusion of Certain Marine Officers.--Section 12205 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(d) Waiver Authority for Army OCS Graduates and Certain Marine
Corps Officers.--(1) The Secretary of the Army may waive the
applicability of subsection (a) to any officer whose original
appointment in the Army as a Reserve officer is through the Army Officer
Candidate School program.
``(2) The Secretary of the Navy may waive the applicability of
subsection (a) to any officer whose original appointment in the Marine
Corps as a Reserve officer is through the Marine Corps meritorious
commissioning program.
``(3) Any such waiver shall be made on a case-by-case basis,
considering the individual circumstances of the officer involved, and
may continue in effect for no more than two years after the waiver is
granted. The Secretary concerned may provide for such a waiver to be
effective before the date of the waiver, as appropriate in an individual
case.''.
(b) Effective <<NOTE: Applicability. 10 USC 12205 note.>> Date.--
Subsection (d) of section 12205 of title 10, United States Code, as
added by subsection (a), shall apply with respect to officers appointed
before, on, or after the date of the enactment of this Act.
[[Page 115 STAT. 1093]]
SEC. 513. 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) Entitlement to Basic Pay.--Subsections (g)(1)(D) and (h)(1)(D)
of section 204 of title 37, United States Code, are amended by striking
``, if the site is outside reasonable commuting distance from the
member's residence''.
(e) Compensation for Inactive-Duty Training.--Section 206(a)(3)(C)
of title 37, United States Code, is amended by striking ``, if the site
is outside reasonable commuting distance from the member's residence''.
SEC. 514. TIME-IN-GRADE REQUIREMENT FOR RESERVE COMPONENT OFFICERS
RETIRED 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 is transferred from
an active status or discharged as a reserve commissioned officer--
``(i) 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) because the person no longer meets the qualifications
for membership in the Ready Reserve solely because of a physical
disability, as determined, at a minimum, by a medical evaluation
board and at the time of such transfer or discharge such person
(pursuant to section 12731b of this title or otherwise) meets
the service requirements established by section 12731(a) of this
title for eligibility for retired pay under chapter 1223 of this
title, unless the disability is described in section 12731b of
this title.''.
SEC. 515. EQUAL TREATMENT OF RESERVES AND FULL-TIME ACTIVE DUTY
MEMBERS FOR PURPOSES OF MANAGING PERSONNEL
DEPLOYMENTS.
(a) Residence of Reserves at Home Station.--Paragraph (2) of section
991(b) of title 10, United States Code, is amended to read as follows:
``(2) In the case of a member of a reserve component who is
performing active service pursuant to orders that do not establish a
permanent change of station, the housing referred to in paragraph
[[Page 115 STAT. 1094]]
(1) is any housing (which may include the member's residence) that the
member usually occupies for use during off-duty time when on garrison
duty at the member's permanent duty station or homeport, as the case may
be.''.
(b) Effective <<NOTE: Applicability. 10 USC 991 note.>> Date.--The
amendment made by this section shall apply with respect to duty
performed on or after October 1, 2001.
SEC. 516. MODIFICATION OF PHYSICAL EXAMINATION REQUIREMENTS FOR
MEMBERS OF THE INDIVIDUAL READY RESERVE.
(a) IRR Requirement.--Section 10206 of title 10, United States Code,
is amended--
(1) in the matter in subsection (a) preceding paragraph (1),
by striking ``Ready Reserve'' and inserting ``Selected
Reserve'';
(2) by designating the second sentence of subsection (a) as
subsection (c);
(3) by redesignating subsection (b) as subsection (d); and
(4) by inserting after subsection (a) the following new
subsection (b):
``(b) A member of the Individual Ready Reserve or inactive National
Guard shall be examined for physical fitness as necessary to determine
the member's physical fitness for--
``(1) military duty or promotion;
``(2) attendance at a school of the armed forces; or
``(3) other action related to career progression.''.
(b) Technical Amendment.--Subsection (a)(1) of such section is
amended by striking ``his'' and inserting ``the member's''.
SEC. 517. RETIREMENT OF RESERVE MEMBERS WITHOUT REQUIREMENT FOR
FORMAL APPLICATION OR REQUEST.
(a) Retired Reserve.--Section 10154(2) of title 10, United States
Code, is amended by striking ``upon their request''.
(b) Retirement for Failure of Selection of Promotion.--(1) Paragraph
(2) of section 14513 of such title is amended by striking ``, if the
officer is qualified and applies for such transfer'' and inserting ``if
the officer is qualified for such transfer and does not request (in
accordance with regulations prescribed by the Secretary concerned) not
to be transferred to the Retired Reserve''.
(2)(A) The heading for such section is amended to read as follows:
``Sec. 14513. Failure of selection for promotion: transfer,
retirement, or discharge''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 1407 of such title is amended to read as
follows:
``14513. Failure of selection for promotion: transfer, retirement, or
discharge.''.
(c) Retirement for Years of Service or After Selection for Early
Removal.--Section 14514 of such title is amended--
(1) in paragraph (1), by striking ``, if the officer is
qualified and applies for such transfer'' and inserting ``if the
officer is qualified for such transfer and does not request (in
accordance with regulations prescribed by the Secretary
concerned) not to be transferred to the Retired Reserve''; and
(2) by striking paragraph (2) and inserting the following:
[[Page 115 STAT. 1095]]
``(2) be discharged from the officer's reserve appointment
if the officer is not qualified for transfer to the Retired
Reserve or has requested (in accordance with regulations
prescribed by the Secretary concerned) not to be so
transferred.''.
(d) Retirement for Age.--Section 14515 of such title is amended--
(1) in paragraph (1), by striking ``, if the officer is
qualified and applies for such transfer'' and inserting ``if the
officer is qualified for such transfer and does not request (in
accordance with regulations prescribed by the Secretary
concerned) not to be transferred to the Retired Reserve''; and
(2) by striking paragraph (2) and inserting the following:
``(2) be discharged from the officer's reserve appointment
if the officer is not qualified for transfer to the Retired
Reserve or has requested (in accordance with regulations
prescribed by the Secretary concerned) not to be so
transferred.''.
(e) Discharge or Retirement of Warrant Officers for Years of Service
or Age.--(1) Chapter 1207 of such title is amended by adding at the end
the following new section:
``Sec. 12244. Warrant officers: discharge or retirement for years
of service or for age
``Each reserve warrant officer of the Army, Navy, Air Force, or
Marine Corps who is in an active status and has reached the maximum
years of service or age prescribed by the Secretary concerned shall--
``(1) be transferred to the Retired Reserve if the warrant
officer is qualified for such transfer and does not request (in
accordance with regulations prescribed by the Secretary
concerned) not to be transferred to the Retired Reserve; or
``(2) be discharged if the warrant officer is not qualified
for transfer to the Retired Reserve or has requested (in
accordance with regulations prescribed by the Secretary
concerned) not to be so transferred.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``12244. Warrant officers: discharge or retirement for years of service
or for age.''.
(f) Discharge or Retirement of Enlisted Members for Years of Service
or Age.--(1) Chapter 1203 of such title is amended by adding at the end
the following new section:
``Sec. 12108. Enlisted members: discharge or retirement for years
of service or for age
``Each reserve enlisted member of the Army, Navy, Air Force, or
Marine Corps who is in an active status and has reached the maximum
years of service or age prescribed by the Secretary concerned shall--
``(1) be transferred to the Retired Reserve if the member is
qualified for such transfer and does not request (in accordance
with regulations prescribed by the Secretary concerned) not to
be transferred to the Retired Reserve; or
``(2) be discharged if the member is not qualified for
transfer to the Retired Reserve or has requested (in accordance
with regulations prescribed by the Secretary concerned) not to
be so transferred.''.
[[Page 115 STAT. 1096]]
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``12108. Enlisted members: discharge or retirement for years of service
or for age.''.
(g) Effective <<NOTE: 10 USC 10154 note.>> Date.--The amendments
made by this section shall take effect on the first day of the first
month that begins more than 180 days after the date of the enactment of
this Act.
SEC. 518. SPACE-REQUIRED TRAVEL BY RESERVES ON MILITARY AIRCRAFT.
(a) Correction of Impairment to Authorized Travel With Allowances.--
Subsection (a) of section 18505 of title 10, United States Code, is
amended by striking ``annual training duty or'' each place it appears.
(b) Conforming Amendments.--The heading for such section, and the
item relating to such section in the table of sections at the beginning
of chapter 1805 of such title, are each amended by striking the fourth,
fifth, sixth, and seventh words.
SEC. 519. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT PROGRAM
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 <<NOTE: 5 USC 8906 note.>> 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.
[[Page 115 STAT. 1097]]
Subtitle C--Joint Specialty Officers and Joint Professional Military
Education
SEC. 521. NOMINATIONS AND PROMOTIONS FOR JOINT SPECIALTY OFFICERS.
(a) Selection of Officers for the Joint Speciality.--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--''.
(b) Promotion Rate for Officers With the Joint Specialty.--Paragraph
(2) of section 662(a) of such title is amended by striking ``promoted at
a rate'' and inserting ``promoted--
``(A) during the three-year period beginning on the
date of the enactment of the National Defense
Authorization Act for Fiscal Year 2002, at a rate not
less than the rate for officers of the same armed force
in the same grade and competitive category; and
``(B) after the end of the period specified in
subparagraph (A), at a rate''.
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 <<NOTE: 10 USC 664 note.>> 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
[[Page 115 STAT. 1098]]
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 <<NOTE: Deadline.>> 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)--
[[Page 115 STAT. 1099]]
(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:''.
(c) Proposed <<NOTE: Deadline. 10 USC 619a note.>> 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 <<NOTE: 10 USC 661 note.>> 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 <<NOTE: Reports. Deadline.>> 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 one year after the date of the enactment of this Act.
(b) Matters To Be Included With Respect to Joint Officer
Management.--With respect to the joint officer management system, the
entity conducting the independent study shall provide for the following:
(1) Assessment of implications for joint officer education,
development, and management that would result from proposed
joint organizational operational concepts (such as standing
joint task forces) and from emerging officer management and
personnel reforms (such as longer careers and more
stabilization), that are under consideration by the Secretary of
Defense.
(2) Assessment of the effectiveness of the current joint
officer management system to develop and use joint specialty
[[Page 115 STAT. 1100]]
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.
[[Page 115 STAT. 1101]]
(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 <<NOTE: Effective date. 10 USC 2162 note.>> 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--
[[Page 115 STAT. 1102]]
(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) <<NOTE: Effective date. 10 USC 2165 note.>> 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 the equivalent
of 10 full-time student positions may be filled at any one time by
private sector employees enrolled under this section. 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,
[[Page 115 STAT. 1103]]
or services or whose work product is relevant to national security
policy or strategy. A private sector employee admitted for instruction
at the National Defense University remains eligible for such instruction
only so long as that person remains employed by the same firm.
``(c) Annual Certification by Secretary of Defense.--Private sector
employees may receive instruction at the National Defense University
during any academic year only if, before the start of that academic
year, the Secretary of Defense determines, and certifies to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, that providing instruction to
private sector employees under this section during that year will
further national security interests of the United States.
``(d) Program Requirements.--The Secretary of Defense shall ensure
that--
``(1) the curriculum for the professional military education
program in which private sector employees may be enrolled under
this section is not readily available through other schools and
concentrates on national security relevant issues; and
``(2) the course offerings at the National Defense
University continue to be determined solely by the needs of the
Department of Defense.
``(e) Tuition.--The President of the National Defense University
shall charge students enrolled under this section a rate--
``(1) that is at least the rate charged for employees of the
United States outside the Department of Defense, less
infrastructure costs, and
``(2) that considers the value to the school and course of
the private sector student.
``(f) Standards of Conduct.--While receiving instruction at the
National Defense University, students enrolled under this section, to
the extent practicable, are subject to the same regulations governing
academic performance, attendance, norms of behavior, and enrollment as
apply to Government civilian employees receiving instruction at the
university.
``(g) Use of Funds.--Amounts received by the National Defense
University for instruction of students enrolled under this section shall
be retained by the university to defray 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 <<NOTE: 10 USC 2167 note.>> 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.
[[Page 115 STAT. 1104]]
(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 to 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) <<NOTE: Regulations.>> 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
[[Page 115 STAT. 1105]]
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 <<NOTE: Establishment.>> 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 <<NOTE: 10 USC 7102 note.>> 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. <<NOTE: Certification.>> 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. FOREIGN STUDENTS ATTENDING THE SERVICE ACADEMIES.
(a) United States Military Academy.--(1) Subsection (a)(1) of
section 4344 of title 10, United States Code, is amended by striking
``not more than 40 persons'' and inserting ``not more than 60 persons''.
(2) Subsection (b) of such section is amended--
(A) in paragraph (2), by striking ``unless a written waiver
of reimbursement is granted by the Secretary of Defense'' in the
first sentence; and
(B) by striking paragraph (3) and inserting the following:
``(3) The Secretary of Defense may waive, in whole or in part, the
requirement for reimbursement of the cost of instruction for a cadet
under paragraph (2). In the case of a partial waiver, the Secretary
shall establish the amount waived.''.
(3) <<NOTE: 10 USC 4344 note.>> 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.
[[Page 115 STAT. 1106]]
(b) United States Naval Academy.--(1) Subsection (a)(1) of section
6957 of such title is amended by striking ``not more than 40 persons''
and inserting ``not more than 60 persons''.
(2) Subsection (b) of such section is amended--
(A) in paragraph (2), by striking ``unless a written waiver
of reimbursement is granted by the Secretary of Defense'' in the
first sentence; and
(B) by striking paragraph (3) and inserting the following:
``(3) The Secretary of Defense may waive, in whole or in part, the
requirement for reimbursement of the cost of instruction for a
midshipman under paragraph (2). In the case of a partial waiver, the
Secretary shall establish the amount waived.''.
(3) <<NOTE: 10 USC 6957 note.>> 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 such title is amended by striking ``not more than 40
persons'' and inserting ``not more than 60 persons''.
(2) Subsection (b) of such section is amended--
(A) in paragraph (2), by striking ``unless a written waiver
of reimbursement is granted by the Secretary of Defense'' in the
first sentence; and
(B) by striking paragraph (3) and inserting the following:
``(3) The Secretary of Defense may waive, in whole or in part, the
requirement for reimbursement of the cost of instruction for a cadet
under paragraph (2). In the case of a partial waiver, the Secretary
shall establish the amount waived.''.
(3) <<NOTE: 10 USC 9344 note.>> 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.
(d) Effective <<NOTE: 10 USC 4344 note.>> Date.--The amendments made
by this section shall not apply with respect to any academic year that
began 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 OFFICERS'
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
``31 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)(1) of such title is amended--
(1) by striking ``27 years of age on June 30'' and inserting
``31 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. PARTICIPATION OF REGULAR ENLISTED MEMBERS OF THE ARMED
FORCES IN SENIOR RESERVE OFFICERS'
TRAINING CORPS PROGRAM.
(a) Eligibility.--Section 2104(b)(3) of title 10, United States
Code, is amended by striking ``a reserve component of ''.
[[Page 115 STAT. 1107]]
(b) Pay Rate While on Field Training or Practice Cruise.--Section
209(c) of title 37, United States Code, is amended by inserting before
the period at the end the following: ``, except that the rate for a
cadet or midshipman who is a member of the regular component of an armed
force shall be the rate of basic pay applicable to the member under
section 203 of this title''.
SEC. 536. AUTHORITY TO MODIFY THE SERVICE OBLIGATION OF CERTAIN
ROTC CADETS IN MILITARY JUNIOR COLLEGES
RECEIVING FINANCIAL ASSISTANCE.
(a) Authority To Modify Agreements.--Subsection (b) of section 2107a
of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by redesignating paragraphs (1), (2), (3), (4), (5), and
(6) as subparagraphs (A), (B), (C), (D), (E), and (F),
respectively;
(3) by designating the sentence following subparagraph (F),
as so redesignated, as paragraph (2); and
(4) by adding at the end the following new paragraph:
``(3) In the case of a cadet under this section at a military junior
college, the Secretary may, at any time and with the consent of the
cadet concerned, modify an agreement described in paragraph (1)(F)
submitted by the cadet to reduce or eliminate the troop program unit
service obligation specified in the agreement and to establish, in lieu
of that obligation, an active duty service obligation. Such a
modification may be made only if the Secretary determines that it is in
the best interests of the United States to do so.''.
(b) Retroactive <<NOTE: 10 USC 2107a note.>> Application.--The
authority of the Secretary of Defense under paragraph (3) of section
2107a(b) of title 10, United States Code, as added by subsection (a),
may be exercised with regard to any agreement described in paragraph
(1)(F) of such section (including agreements related to participation in
the Advanced Course of the Army Reserve Officers' Training Corps at a
military college or civilian institution) that was entered into during
the period beginning on January 1, 1991, and ending on July 12, 2000 (in
addition to any agreement described in that paragraph that is entered
into on or after the date of the enactment of this Act).
(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. REPEAL OF LIMITATION ON NUMBER OF JUNIOR RESERVE
OFFICERS' TRAINING CORPS UNITS.
Section 2031(a)(1) of title 10, United States Code, is amended by
striking the second sentence.
SEC. 538. 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''.
[[Page 115 STAT. 1108]]
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 that 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 in the Selected
Reserve, upon successful completion of the program, for the
period of service applicable under paragraph (3).
[[Page 115 STAT. 1109]]
``(3)(A) Subject to subparagraph (B), the period for which a
participant is required to serve in the Selected Reserve under the
agreement pursuant to paragraph (2)(D) shall be one year for each period
of six months, or part thereof, for which the participant is provided a
stipend pursuant to the agreement.
``(B) 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 AT THE UNITED STATES MILITARY
ACADEMY.
(a) Authority.--The second sentence of section 4337 of title 10,
United States Code, is amended by striking ``the same allowances'' and
all that follows through ``captain'' and inserting ``a monthly housing
allowance in the same amount as the basic allowance for housing allowed
to a lieutenant colonel''.
(b) Effective <<NOTE: 10 USC 4337 note.>> 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--Recruiting and Accession Programs
SEC. 541. 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
[[Page 115 STAT. 1110]]
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) Under regulations and conditions established by the Secretary
of the Army, a member enlisting under this section may, at the end of
the 18-month period of service on active duty under that enlistment, be
permitted to reenlist for continued service on active duty in lieu of
the service in the Selected Reserve and the Individual Ready Reserve
otherwise required under the terms of the member's enlistment.
``(d) No more than 10,000 persons may be accepted for enlistment in
the Army through the program under this section.
``(e) 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.
``(f) For purposes of this section, the pilot program period is the
period beginning on the date selected by the Secretary of the Army for
the commencement of the pilot program, which date shall be not later
than October 1, 2003, and ending on December 31, 2007.
``(g) <<NOTE: Deadlines. Reports.>> Not later than December 31,
2007, and December 31, 2012, the Secretary of the Army shall submit to
the Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the program under
this section. In each such report, the Secretary shall set forth the
views of the Secretary on the success of the program in meeting the
objectives stated in subsection (a) and whether the program should be
continued and, if so, whether it should be modified or expanded.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3264. 18-month enlistment pilot program.''.
(b) Implementation <<NOTE: 10 USC 3264 note.>> 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 <<NOTE: Deadline.>> shall be submitted not later than
March 1, 2002.
SEC. 542. IMPROVED BENEFITS UNDER THE ARMY COLLEGE FIRST PROGRAM.
(a) Increased Maximum Period of Delayed Entry.--Section 573 of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 623; 10 U.S.C. 513 note) is amended--
(1) in subsection (b)--
(A) by striking the matter preceding paragraph (1)
and inserting the following:
``(b) Delayed Entry With Allowance for Higher Education.--Under the
pilot program, the Secretary may--
``(1) exercise the authority under section 513 of title 10,
United States Code--'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and realigning
those subparagraphs four ems from the left margin;
[[Page 115 STAT. 1111]]
(C) at the end of subparagraph (A), as so
redesignated, by inserting ``and'' after the semicolon;
and
(D) in subparagraph (B), as so redesignated, by
striking ``two years after the date of such enlistment
as a Reserve under paragraph (1)'' and inserting ``the
maximum period of delay determined for that person under
subsection (c)''; and
(2) in subsection (c)--
(A) by striking ``paragraph (2)'' and inserting
``paragraph (1)(B)'';
(B) by striking ``two-year period'' and inserting
``30-month period''; and
(C) by striking ``paragraph (1)'' and inserting
``paragraph (1)(A)''.
(b) Allowance Eligibility and Amount.--(1) Such section is further
amended--
(A) in subsection (b), by striking paragraph (3) and
inserting the following:
``(2) subject to paragraph (2) of subsection (d) and except
as provided in paragraph (3) of that subsection, pay an
allowance to a person accepted for enlistment under paragraph
(1)(A) for each month of the period during which that person is
enrolled in and pursuing a program described in paragraph
(1)(B)''; and
(B) in subsection (d)--
(i) by redesignating paragraph (2) as paragraph (4);
(ii) by striking paragraph (1) and inserting the
following new paragraphs:
``(1) The monthly allowance paid under subsection (b)(2) shall be
equal to the amount of the subsistence allowance provided for certain
members of the Senior Reserve Officers' Training Corps with the
corresponding number of years of participation under section 209(a) of
title 37, United States Code.
``(2) An allowance may not be paid to a person under this section
for more than 24 months.
``(3) A member of the Selected Reserve of a reserve component may be
paid an allowance under this section only for months during which the
member performs satisfactorily as a member of a unit of the reserve
component that trains as prescribed in section 10147(a)(1) of title 10,
United States Code, or section 502(a) of title 32, United States
Code. <<NOTE: Regulations.>> Satisfactory performance shall be
determined under regulations prescribed by the Secretary.''.
(2) The heading for such subsection is amended by striking ``Amount
of''.
(c) Ineligibility for Loan Repayments; Recoupment.--Such section is
further amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (g), (h), and (i), respectively; and
(2) by inserting after subsection (d) the following new
subsections:
``(e) Ineligibility for Loan Repayments.--A person who has received
an allowance under this section is not eligible for any benefits under
chapter 109 of title 10, United States Code.
``(f) Recoupment of Allowance.--(1) A person who, after receiving an
allowance under this section, fails to complete the total period of
service required of that person in connection with delayed entry
authorized for the person under section 513 of title
[[Page 115 STAT. 1112]]
10, United States Code, shall repay the United States the amount which
bears the same ratio to the total amount of that allowance paid to the
person as the unserved part of the total required period of service
bears to the total period.
``(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge of a person in bankruptcy under title 11, United
States Code, that is entered less than five years after the date on
which the person was, or was to be, enlisted in the regular Army
pursuant to the delayed entry authority under section 513 of title 10,
United States Code, does not discharge that person from a debt arising
under paragraph (1).
``(4) The Secretary of the Army may waive, in whole or in part, a
debt arising under paragraph (1) in any case for which the Secretary
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.''.
(d) Effective <<NOTE: Applicability. 10 USC 513 note.>> Date.--The
amendments made by this section shall apply with respect to persons who,
on or after the date of the enactment of this Act, are enlisted as
described in subsection (a) of section 513 of title 10, United States
Code, with delayed entry authorized under that section.
SEC. 543. CORRECTION <<NOTE: 10 USC 503 note.>> AND EXTENSION OF
CERTAIN ARMY RECRUITING PILOT PROGRAM
AUTHORITIES.
(a) Contract Recruiting Initiatives.--Subsection (d)(2) of section
561 of the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-
130) is amended--
(1) in subparagraphs (A) and (D), by inserting ``and Army
Reserve'' after ``Regular Army''; and
(2) in subparagraph (B), by striking ``and chain of
command''.
(b) Extension of Authority.--Subsection (e) of such section is
amended by striking ``December 31, 2005'' and inserting ``September 30,
2007''.
(c) Extension of Time for Reports.--Subsection (g) of such section
is amended by striking ``February 1, 2006'' and inserting ``February 1,
2008''.
SEC. 544. MILITARY RECRUITER ACCESS TO SECONDARY SCHOOL STUDENTS.
(a) Access to Secondary Schools.--Paragraph (1) of section 503(c) of
title 10, United States Code, is amended to read as follows:
``(c) Access to Secondary Schools.--(1)(A) Each local educational
agency receiving assistance under the Elementary and Secondary Education
Act of 1965--
``(i) shall provide to military recruiters the same access
to secondary school students as is provided generally to
postsecondary educational institutions or to prospective
employers of those students; and
``(ii) shall, upon a request made by military recruiters for
military recruiting purposes, provide access to secondary school
student names, addresses, and telephone listings,
notwithstanding section 444(a)(5)(B) of the General Education
Provisions Act (20 U.S.C. 1232g(a)(5)(B)).
[[Page 115 STAT. 1113]]
``(B) A local educational agency may not release a student's name,
address, and telephone listing under subparagraph (A)(ii) without the
prior written consent of a parent of the student if the student, or a
parent of the student, has submitted a request to the local educational
agency that the student's information not be released for a purpose
covered by that subparagraph without prior written parental consent.
Each local education agency shall notify parents of the rights provided
under the preceding sentence.''.
(b) Effective <<NOTE: 10 USC 503 note.>> Date.--The amendment made
by subsection (a) shall take effect on July 1, 2002, immediately after
the amendment to section 503(c) of title 10, United States Code, made,
effective that date, by section 563(a) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-131).
(c) Notification.--The <<NOTE: 10 USC 503 note.>> Secretary of
Education shall provide to local educational agencies notice of the
provisions of subsection (c) of section 503 of title 10, United States
Code, as in effect upon the amendments made by subsection
(a). <<NOTE: Deadline.>> Such notice shall be provided not later than
120 days after the date of the enactment of this Act and shall be
provided in consultation with the Secretary of Defense.
SEC. 545. 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. 546. 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 <<NOTE: Deadline.>> later than March 1, 2002, the
Secretary shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report on the findings of the review. The report shall include the
following with respect to persons described in subsection (a):
(1) A statement of the process and detailed procedures
followed by each of the Armed Forces under the jurisdiction of
the Secretary of a military department to provide health care
and disability benefits to all such persons injured in training,
education, or other types of programs conducted by the Secretary
of a military department.
(2) Information on the total number of cases of such persons
requiring health care and disability benefits and the total
number of cases and average value of health care and disability
[[Page 115 STAT. 1114]]
benefits provided under the authority for each source of
benefits available to those persons.
(3) A discussion of the issues regarding health and
disability benefits for such persons that are encountered by the
Secretary during the review, to include discussions with
individuals who have received those benefits.
(4) A statement of the processes and detailed procedures
followed by each of the Armed Forces under the jurisdiction of
the Secretary of a military department to provide recruits and
officer candidates with succinct information on the eligibility
requirements (including information on when they become
eligible) for health care benefits under the Defense health care
program, and the nature and availability of the benefits under
the program.
(5) A discussion of the necessity for legislative changes
and specific legislative proposals needed to improve the
benefits provided those persons.
(6) An analysis of health and disability benefits under laws
administered by the Department of Veterans Affairs and the
Department of Labor for which those persons become eligible upon
being injured in training or education and a discussion of how
those benefits compare to the benefits those persons would
receive if retired for physical disability by the Department of
Defense.
Subtitle F--Decorations, Awards, and Posthumous Commissions
SEC. 551. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO HUMBERT R.
VERSACE, JON E. SWANSON, AND BEN L.
SALOMON FOR VALOR.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the military service, the President may
award the Medal of Honor under section 3741 of that title to any of the
persons named in subsections (b), (c), and (d) for the acts of valor
referred to in those respective subsections.
(b) Humbert R. Versace.--Subsection (a) applies with respect to
Humbert R. Versace, for conspicuous acts of gallantry and intrepidity at
the risk of his life and beyond the call of duty 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.
(c) Jon E. Swanson.--Subsection (a) applies with respect to Jon E.
Swanson, for conspicuous acts of gallantry and intrepidity at the risk
of his life and beyond the call of duty on February 26, 1971, while
piloting a Scout helicopter on a close-support reconnaissance mission in
support of the Army of the Republic of Vietnam Task Force 333 in the
Kingdom of Cambodia.
(d) Ben L. Salomon.--Subsection (a) applies with respect to Ben L.
Salomon, for conspicuous acts of gallantry and intrepidity at the risk
of his life and beyond the call of duty on July 7, 1944, while defending
the soldiers under his care as the Surgeon, 2d Battalion, 105th Infantry
Regiment, 27th Infantry Division against an overwhelming enemy force at
Saipan, Marianas Islands.
[[Page 115 STAT. 1115]]
SEC. 552. REVIEW <<NOTE: 10 USC 3741 note.>> 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 (d).
(f) Waiver of Time Limitations.--An award of the Medal of Honor may
be made under subsection (e) without regard to--
(1) section 3744, 6248, or 8744 of title 10, United States
Code, as applicable; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service
for which a Distinguished Service Cross, Navy Cross, or
Air Force Cross has been awarded.
(g) Definition.--For purposes of this section, the term ``Jewish
American war veteran'' means any person who served in the Armed Forces
during World War II or a later period of war and who identified himself
or herself as Jewish on his or her military personnel records.
SEC. 553. AUTHORITY TO ISSUE DUPLICATE MEDALS OF HONOR AND TO
REPLACE STOLEN MILITARY DECORATIONS.
(a) Army.--(1)(A) Chapter 357 of title 10, United States Code, is
amended by adding at the end the following new section:
[[Page 115 STAT. 1116]]
``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.''.
(B) 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.''.
(2) Section 3747 of such title is amended by striking ``lost'' and
inserting ``stolen, lost,''.
(b) Navy and Marine Corps.--(1)(A) 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.''.
(B) 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.''.
(2) Section 6253 of such title is amended by striking ``lost'' and
inserting ``stolen, lost,''.
(c) Air Force.--(1)(A) 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.''.
(B) 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.''.
(2) Section 8747 of such title is amended by striking ``lost'' and
inserting ``stolen, lost,''.
(d) Coast Guard.--(1)(A) 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.''.
[[Page 115 STAT. 1117]]
(B) 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.''.
(2) Section 501 of such title is amended by inserting ``stolen,''
before ``lost,''.
(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. 554. RETROACTIVE <<NOTE: Robert R. Ingram.>> MEDAL OF HONOR
SPECIAL PENSION.
(a) Entitlement.--Notwithstanding any other provision of law, Robert
R. Ingram of Jacksonville, Florida, who was awarded the Medal of Honor
pursuant to Public Law 105-103 (111 Stat. 2218), shall be entitled to
the special pension provided for under section 1562 of title 38, United
States Code (and antecedent provisions of law), for months that begin
after March 1966.
(b) Amount.--The amount of special pension payable under subsection
(a) for a month beginning before the date of the enactment of this Act
shall be the amount of special pension provided for by law for that
month for persons entered and recorded in the Army, Navy, Air Force, and
Coast Guard Medal of Honor Roll (or antecedent Medal of Honor Roll
required by law).
SEC. 555. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy for the
time within which a recommendation for the award of a military
decoration or award must be submitted shall not apply to awards of
decorations described in this section, the award of each such decoration
having been determined by the Secretary concerned to be warranted in
accordance with section 1130 of title 10, United States Code.
(b) Silver <<NOTE: Wayne T. Alderson.>> Star.--Subsection (a)
applies to the award of the Silver Star to Wayne T. Alderson, of
Glassport, Pennsylvania, for gallantry in action from March 15 to March
18, 1945, while serving as a member of the Army.
(c) Distinguished Flying Cross.--Subsection (a) applies to the award
of the Distinguished Flying Cross for service during World War II
(including multiple awards to the same individual) in the case of each
individual concerning whom the Secretary of the Navy (or an officer of
the Navy acting on behalf of the Secretary) submitted to the Committee
on Armed Services of the House of Representatives and the Committee on
Armed Services of the Senate, during the period beginning on October 30,
2000, and ending on the day before the date of the enactment of this
Act, a notice as provided in section 1130(b) of title 10, United States
[[Page 115 STAT. 1118]]
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. 556. SENSE OF CONGRESS ON ISSUANCE OF CERTAIN MEDALS.
It is the sense of Congress that the Secretary of Defense should
consider authorizing--
(1) the issuance of a campaign medal, to be known as the
Korea Defense Service Medal, to each person who while a member
of the Armed Forces served in the Republic of Korea, or the
waters adjacent thereto, during the period beginning on July 28,
1954, and ending on such date thereafter as the Secretary
considers appropriate;
(2) the issuance of a campaign medal, to be known as the
Cold War Service Medal, to each person who while a member of the
Armed Forces served satisfactorily on active duty during the
Cold War; and
(3) the award of the Vietnam Service Medal to any member or
former member of the Armed Forces who was awarded the Armed
Forces Expeditionary Medal for participation in military
operations designated as Operation Frequent Wind arising from
the evacuation of Vietnam on April 29 and 30, 1975.
SEC. 557. SENSE OF CONGRESS ON DEVELOPMENT OF A MORE
COMPREHENSIVE, UNIFORM POLICY FOR THE
AWARD OF DECORATIONS TO MILITARY AND
CIVILIAN PERSONNEL OF THE DEPARTMENT OF
DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) The role and importance of civilian nationals of the
United States as Federal employees and contractors in support of
operations of the Armed Forces worldwide has continued to
expand.
(2) The expanded role performed by those civilians, both in
the United States and overseas, has greatly increased the risk
to those civilians of injury and death from hostile actions
taken against United States Armed Forces, as demonstrated by the
terrorist attack on the Pentagon on September 11, 2001, in which
scores of Department of Defense civilian and contractor
personnel were killed or wounded.
(3) On September 20, 2001, the Deputy Secretary of Defense
approved the creation of a new award, a medal for the defense of
freedom, to be awarded to civilians employed by the Department
of Defense who are killed or wounded as a result of hostile
action and at the same time directed that a comprehensive review
be conducted to develop a more uniform approach to the award of
decorations to military and civilian personnel of the Department
of Defense.
(b) Commendation of Creation of New Award.--Congress commends the
decision announced by the Deputy Secretary of Defense on September 20,
2001, to approve the creation of a new award, a medal for the defense of
freedom, to be awarded to civilians employed by the Department of
Defense who are killed or wounded as a result of hostile action.
(c) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should act expeditiously to develop a
[[Page 115 STAT. 1119]]
more comprehensive, uniform policy for the award of decorations to
military and civilian personnel of the Department of Defense.
SEC. 558. 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.
Subtitle G--Funeral Honors Duty
SEC. 561. PARTICIPATION OF MILITARY RETIREES IN FUNERAL HONORS
DETAILS.
(a) Authority.--Subsection (b)(2) of section 1491 of title 10,
United States Code, is amended--
(1) in the first sentence, by inserting ``(other than
members in a retired status)'' after ``members of the armed
forces''; and
(2) in the second sentence, by inserting ``(including
members in a retired status),'' after ``members of the armed
forces''.
(b) Funeral Honors Duty Allowance.--Section 435(a) of title 37,
United States Code, is amended--
(1) by inserting ``(1)'' after ``(a) Allowance
Authorized.--''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary concerned may also authorize payment of that
allowance to a member of the armed forces in a retired status for any
day on which the member serves in a funeral honors detail under section
1491 of title 10, if the time required for service in such detail
(including time for preparation) is not less than two hours. The amount
of an allowance paid to a member under this paragraph shall be in
addition to any other compensation to which the member may be entitled
under this title or title 10 or 38.''.
SEC. 562. 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
[[Page 115 STAT. 1120]]
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 <<NOTE: Applicability. 10 USC 12503 note.>> Date.--The
amendments made by this section shall apply to funeral honors duty
performed on or after October 30, 2000.
SEC. 563. USE OF MILITARY LEAVE FOR FUNERAL HONORS DUTY BY RESERVE
MEMBERS AND NATIONAL GUARDSMEN.
Section 6323(a)(1) of title 5, United States Code, is amended by
inserting ``funeral honors duty (as described in section 12503 of title
10 and section 115 of title 32),'' after ``(as defined in section 101 of
title 37),''.
SEC. 564. AUTHORITY TO PROVIDE APPROPRIATE ARTICLES OF CLOTHING AS
A CIVILIAN UNIFORM FOR CIVILIANS
PARTICIPATING IN FUNERAL HONOR DETAILS.
Section 1491(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Articles of clothing for members of a veterans
organization or other organization referred to in subsection
(b)(2) that, as determined by the Secretary concerned, are
appropriate as a civilian uniform for persons participating in a
funeral honors detail.''.
Subtitle H--Military Spouses and Family Members
SEC. 571. IMPROVED FINANCIAL AND OTHER ASSISTANCE TO MILITARY
SPOUSES FOR JOB TRAINING AND EDUCATION.
(a) Examination of Existing Employment Assistance Programs.--(1) The
Secretary of Defense shall examine existing Department of Defense and
other Federal, State, and nongovernmental programs with the objective of
improving retention of military personnel by increasing the
employability of military spouses and assisting those spouses in gaining
access to financial and other assistance for job training and education.
(2) In conducting the examination, the Secretary shall give priority
to facilitating and increasing access of military spouses to existing
Department of Defense, Federal, State, and nongovernmental sources for
the types of financial assistance set forth in paragraph (3), but shall
also specifically assess whether the Department of Defense should begin
a program for direct financial assistance to military spouses for some
or all of those types of assistance and whether such a program of direct
financial assistance would enhance retention.
(3) In conducting the examination pursuant to paragraph (1), the
Secretary should focus on financial assistance for military spouses for
one or more of the following purposes:
(A) Career-related education.
(B) Certification and license fees for employment-related
purposes.
(C) Apprenticeships and internships.
(D) Technical training.
(E) Training to improve job skills.
[[Page 115 STAT. 1121]]
(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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Deadline. Reports.>> 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 <<NOTE: Regulations.>> 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.''.
[[Page 115 STAT. 1122]]
SEC. 572. PERSONS AUTHORIZED TO BE INCLUDED IN SURVEYS OF MILITARY
FAMILIES REGARDING FEDERAL PROGRAMS.
(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 deceased retired members and of members
who died while on active duty.''.
(b) Federal Recordkeeping Requirements.--Subsection (c) of such
section is amended to read as follows:
``(c) Federal Recordkeeping Requirements.--With respect to a survey
authorized under subsection (a) that includes a person referred to in
that subsection who is not an employee of the United States or is not
otherwise considered an employee of the United States for the purposes
of section 3502(3)(A)(i) of title 44, the person shall be considered as
being an employee of the United States for the purposes of that
section.''.
SEC. 573. 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 accessible 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. 574. TRANSPORTATION TO ANNUAL MEETING OF NEXT-OF-KIN OF
PERSONS UNACCOUNTED FOR FROM CONFLICTS
AFTER WORLD WAR II.
(a) Authority for Department of Defense To Provide Transportation.--
Chapter 157 of title 10, United States Code, is amended by adding at the
end the following new section:
``Sec. 2647. Next-of-kin of persons unaccounted for from conflicts
after World War II: transportation to annual
meetings
``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.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
[[Page 115 STAT. 1123]]
``2647. Next-of-kin of persons unaccounted for from conflicts after
World War II: transportation to annual meetings.''.
SEC. 575. 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 I--Military Justice and Legal Assistance Matters
SEC. 581. BLOOD ALCOHOL CONTENT LIMIT FOR THE OFFENSE UNDER THE
UNIFORM CODE OF MILITARY JUSTICE OF
DRUNKEN OPERATION OF A VEHICLE, AIRCRAFT,
OR VESSEL.
Section 911 of title 10, United States Code (article 111 of the
Uniform Code of Military Justice), is amended--
(1) by inserting ``(a)'' before ``Any person'';
(2) by striking ``0.10 grams'' the first place it appears
and all that follows through ``chemical analysis'' and inserting
``in excess of the applicable limit under subsection (b)''; and
(3) by adding at the end the following:
``(b)(1) For purposes of subsection (a), the applicable limit on the
alcohol concentration in a person's blood or breath is as follows:
``(A) In the case of the operation or control of a vehicle,
aircraft, or vessel in the United States, such limit is the
blood alcohol content limit under the law of the State in which
the conduct occurred, except as may be provided under paragraph
(2) for conduct on a military installation that is in more than
one State and subject to the maximum blood alcohol content limit
specified in paragraph (3).
``(B) In the case of the operation or control of a vehicle,
aircraft, or vessel outside the United States, the applicable
blood alcohol content limit is the maximum blood alcohol content
limit specified in paragraph (3) or such lower limit as the
Secretary of Defense may by regulation prescribe.
``(2) In the case of a military installation that is in more than
one State, if those States have different blood alcohol content limits
under their respective State laws, the Secretary may select one such
blood alcohol content limit to apply uniformly on that installation.
[[Page 115 STAT. 1124]]
``(3) For purposes of paragraph (1), the maximum blood alcohol
content limit with respect to alcohol concentration in a person's blood
is 0.10 grams of alcohol per 100 milliliters of blood and with respect
to alcohol concentration in a person's breath is 0.10 grams of alcohol
per 210 liters of breath, as shown by chemical analysis.
``(4) In this subsection:
``(A) The term `blood alcohol content limit' means the
maximum permissible alcohol concentration in a person's blood or
breath for purposes of operation or control of a vehicle,
aircraft, or vessel.
``(B) The term `United States' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, and American Samoa and the term `State' includes each of
those jurisdictions.''.
SEC. 582. 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).''.
[[Page 115 STAT. 1125]]
(d) Effective <<NOTE: 10 USC 816 note.>> Date.--The amendments made
by this section shall apply with respect to offenses committed after
December 31, 2002.
SEC. 583. ACCEPTANCE OF VOLUNTARY LEGAL ASSISTANCE FOR THE CIVIL
AFFAIRS OF MEMBERS AND FORMER MEMBERS OF
THE UNIFORMED SERVICES AND THEIR
DEPENDENTS.
(a) Authority.--Subsection (a) of section 1588 of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(5) Legal services voluntarily provided as legal
assistance under section 1044 of this title.''.
(b) Defense of Legal Malpractice.--Subsection (d)(1) of that section
is amended by adding at the end the following new subparagraph:
``(E) Section 1054 of this title (relating to legal
malpractice), for a person voluntarily providing legal services
accepted under subsection (a)(5), as if the person were
providing the services as an attorney of a legal staff within
the Department of Defense.''.
Subtitle J--Other Matters
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 30 days of continuous session of
Congress (excluding any day on which either House of
Congress is not in session) following the date on which
the report is received.''; and
(2) by adding at the end the following new paragraph:
``(5) For purposes of this subsection, the continuity of a session
of Congress is broken only by an adjournment of the Congress sine
die.''.
SEC. 592. 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 <<NOTE: 10 USC 991 note.>> 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 into
law 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
[[Page 115 STAT. 1126]]
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. 593. 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 <<NOTE: Applicability. 10 USC 1212 note.>> 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. 594. TRANSPORTATION OR STORAGE OF PRIVATELY OWNED VEHICLES ON
CHANGE OF PERMANENT STATION.
(a) Advance Payment of Storage Costs.--Subsection (b) of section
2634 of title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(4) Storage costs payable under this subsection may be paid in
advance.''.
(b) Shipment on Permanent Change of Station Within CONUS.--
Subsection (h)(1) of such section is amended by striking ``includes'' in
the second sentence and all that follows and inserting ``includes the
following:
``(A) An authorized change in home port of a vessel.
``(B) A transfer or assignment between two permanent
stations in the continental United States when--
``(i) the member cannot, because of injury or
the conditions of the order, drive the motor
vehicle between the permanent duty stations; or
``(ii) the Secretary concerned determines that
it is advantageous and cost-effective to the
United States for one motor vehicle of the member
to be transported between the permanent duty
stations.''.
(c) Effective <<NOTE: Applicability. 10 USC 2634 note.>> Date.--The
amendments made by this section apply to orders to make a change of
permanent station that are issued on or after the date of the enactment
of this Act.
SEC. 595. 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. 596. CONTINUED DEPARTMENT OF DEFENSE ADMINISTRATION OF
NATIONAL GUARD CHALLENGE PROGRAM AND
DEPARTMENT OF DEFENSE STARBASE PROGRAM.
(a) National Guard Challenge Program.--Section 509(b) of title 32,
United States Code, is amended--
[[Page 115 STAT. 1127]]
(1) in paragraph (2)(A), by striking ``in a fiscal year''
and inserting ``in fiscal year 2001 or 2002''; and
(2) by adding at the end the following new paragraph:
``(4) The Secretary of Defense shall remain the executive agent to
carry out the National Guard Challenge Program regardless of the source
of funds for the program or any transfer of jurisdiction over the
program within the executive branch. As provided in subsection (a), the
Secretary may use the National Guard to conduct the program.''.
(b) STARBASE Program.--Section 2193b(f) of title 10, 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 of Defense shall remain the executive agent to
carry out the program regardless of the source of funds for the program
or any transfer of jurisdiction over the program within the executive
branch.''.
(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) <<NOTE: Effective date. 10 USC 2033 note.>> The amendments made
by this subsection shall take effect on October 1, 2002.
SEC. 597. REPORT ON DEFENSE SCIENCE BOARD RECOMMENDATION ON
ORIGINAL APPOINTMENTS IN REGULAR GRADES
FOR ACADEMY GRADUATES AND CERTAIN OTHER
NEW OFFICERS.
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 legislative and policy changes
required to implement the recommendation of the Defense Science Board
(made in its report entitled ``Final Report on Human Resources
Strategy'' and dated February 28, 2000) that all officers be given
initial regular commissions. The Secretary shall include in that report
a description of the measures necessary to transition the current
active-duty officer corps to an all-regular status, if the Board's
recommendation were adopted, and shall provide the Secretary's position
with regard to implementing that recommendation.
The <<NOTE: Deadline.>> report shall be submitted not later than six
months after the date of the enactment of this Act.
SEC. 598. SENSE OF CONGRESS REGARDING THE SELECTION OF OFFICERS
FOR RECOMMENDATION FOR APPOINTMENT AS
COMMANDER, UNITED STATES TRANSPORTATION
COMMAND.
(a) Findings.--Congress makes the following findings:
(1) The Goldwater-Nichols Department of Defense
Reorganization Act of 1986 (Public Law 99-433) envisioned that
officers would be selected for recommendation to the President
for appointment as the commander of a combatant command under
chapter 6 of title 10, United States Code (as added by that
Act), on the basis of being the best qualified officer for that
position, rather than the best qualified officer of the armed
force that had historically supplied officers to serve in that
position.
(2) In order to provide for greater competition among the
Armed Forces for selection of officers for assignment as the
[[Page 115 STAT. 1128]]
commanders of the combatant commands and assignment to certain
other joint positions in the grade of general or admiral,
Congress provided temporary relief from the limitation on the
number of officers serving on active duty in the grade of
general or admiral in section 405 of the National Defense
Authorization Act for Fiscal Year 1995 and thereafter extended
that relief until September 30, 2003, but has also required that
the Secretary of Defense be furnished the name of at least one
officer from each of the Armed Forces for consideration for
appointment to each such position.
(3) Most of the positions of commanders of the combatant
commands have been filled successively by officers of more than
one of the Armed Forces since the enactment of the Goldwater-
Nichols Department of Defense Reorganization Act of 1986.
(4) However, general officers of the Air Force with only
limited experience in the transportation services have usually
filled the position of commander of the United States
Transportation Command.
(5) The United States Transportation Command could benefit
from the appointment of future commanders selected from the
Army, Navy and Marine Corps, in addition to the Air Force.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense, when considering officers for recommendation to
the President for appointment as commander of the United States
Transportation Command, should not rely upon officers of one service
which has traditionally provided officers to fill that position but
should select for such recommendation the best qualified officer of the
Army, Navy, Air Force, or Marine Corps.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2002.
Sec. 602. Basic pay rate for certain reserve commissioned officers with
prior service as an enlisted member or warrant officer.
Sec. 603. Reserve component compensation for distributed learning
activities performed as inactive-duty training.
Sec. 604. Subsistence allowances.
Sec. 605. Eligibility for temporary housing allowance while in travel or
leave status between permanent duty stations.
Sec. 606. Uniform allowance for officers.
Sec. 607. Family separation allowance for members electing unaccompanied
tour by reason of health limitations of dependents.
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 special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Hazardous duty pay for members of maritime visit, board,
search, and seizure teams.
Sec. 616. Eligibility for certain career continuation bonuses for early
commitment to remain on active duty.
Sec. 617. Secretarial discretion in prescribing submarine duty incentive
pay rates.
Sec. 618. Conforming accession bonus for dental officers authority with
authorities for other special pay and bonuses.
[[Page 115 STAT. 1129]]
Sec. 619. Modification of eligibility requirements for Individual Ready
Reserve bonus for reenlistment, enlistment, or extension of
enlistment.
Sec. 620. Installment payment authority for 15-year career status bonus.
Sec. 621. Accession bonus for new officers in critical skills.
Sec. 622. Education savings plan to encourage reenlistments and
extensions of service in critical specialties.
Sec. 623. Continuation of payment of special and incentive pay at
unreduced rates during stop loss periods.
Sec. 624. Retroactive authorization for imminent danger pay for service
in connection with Operation Enduring Freedom.
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. Eligibility for payment of subsistence expenses associated
with occupancy of temporary lodging incident to reporting to
first permanent duty station.
Sec. 633. Reimbursement of members for mandatory pet quarantine fees for
household pets.
Sec. 634. Increased weight allowance for transportation of baggage and
household effects for junior enlisted members.
Sec. 635. Eligibility of additional members for dislocation allowance.
Sec. 636. Partial dislocation allowance authorized for housing moves
ordered for Government convenience.
Sec. 637. Allowances for travel performed in connection with members
taking authorized leave between consecutive overseas tours.
Sec. 638. Travel and transportation allowances for family members to
attend burial of a deceased member of the uniformed services.
Sec. 639. Funded student travel for foreign study under an education
program approved by a United States school.
Subtitle D--Retirement and Survivor Benefit Matters
Sec. 641. Contingent authority for concurrent receipt of military
retired pay and veterans' disability compensation and
enhancement of special compensation authority.
Sec. 642. Survivor Benefit Plan annuities for surviving spouses of
members who die while on active duty and not eligible for
retirement.
Subtitle E--Other Matters
Sec. 651. Payment for unused leave in excess of 60 days accrued by
members of reserve components on active duty for one year or
less.
Sec. 652. Additional authority to provide assistance for families of
members of the Armed Forces.
Sec. 653. Authorization of transitional compensation and commissary and
exchange benefits for dependents of commissioned officers of
the Public Health Service and the National Oceanic and
Atmospheric Administration who are separated for dependent
abuse.
Sec. 654. Transfer of entitlement to educational assistance under
Montgomery GI Bill by members of the Armed Forces with
critical military skills.
Subtitle A--Pay and Allowances
SEC. 601. INCREASE <<NOTE: 31 USC 1009 note.>> 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.
[[Page 115 STAT. 1130]]
(b) Increase <<NOTE: Effective date.>> 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 $11,601.9 $11,659.2 $11,901.3 $12,324.00
0 0 0
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 O-7
through O-10 may not exceed the rate of pay for level III of the
Executive Schedule and the actual rate of basic pay for all other
officers may not exceed the rate of pay for level V of the Executive
Schedule.
\2\ Subject to the preceding footnote, while serving as Chairman or Vice
Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
Chief of Naval Operations, Chief of Staff of the Air Force, Commandant
of the Marine Corps, or Commandant of the Coast Guard, the rate of
basic pay for this grade is $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.
[[Page 115 STAT. 1131]]
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN
ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-3E............ $0.00 $0.00 $0.00 $3,698.70 $3,875.70
O-2E............ 0.00 0.00 0.00 3,276.30 3,344.10
O-1E............ 0.00 0.00 0.00 2,638.50 2,818.20
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-3E............ $4,070.10 $4,232.40 $4,441.20 $4,617.00 $4,717.50
O-2E............ 3,450.30 3,630.00 3,768.90 3,872.40 3,872.40
O-1E............ 2,922.30 3,028.50 3,133.20 3,276.30 3,276.30
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-3E............ $4,855.20 $4,855.20 $4,855.20 $4,855.20 $4,855.20
O-2E............ 3,872.40 3,872.40 3,872.40 3,872.40 3,872.40
O-1E............ 3,276.30 3,276.30 3,276.30 3,276.30 3,276.30
------------------------------------------------------------------------
WARRANT OFFICERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 2,889.60 3,108.60 3,198.00 3,285.90 3,437.10
W-3.............. 2,638.80 2,862.00 2,862.00 2,898.90 3,017.40
W-2.............. 2,321.40 2,454.00 2,569.80 2,654.10 2,726.40
W-1.............. 2,049.90 2,217.60 2,330.10 2,402.70 2,511.90
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,586.50 3,737.70 3,885.30 4,038.00 4,184.40
W-3.............. 3,152.40 3,330.90 3,439.50 3,558.30 3,693.90
W-2.............. 2,875.20 2,984.40 3,093.90 3,200.40 3,318.00
W-1.............. 2,624.70 2,737.80 2,850.00 2,963.70 3,077.10
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
W-5.............. $0.00 $4,965.60 $5,136.00 $5,307.00 $5,478.60
W-4.............. 4,334.40 4,480.80 4,632.60 4,782.00 4,935.30
W-3.............. 3,828.60 3,963.60 4,098.30 4,233.30 4,368.90
W-2.............. 3,438.90 3,559.80 3,680.10 3,801.30 3,801.30
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.
[[Page 115 STAT. 1132]]
ENLISTED MEMBERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
E-9 \2\.......... $0.00 $0.00 $0.00 $0.00 $0.00
E-8.............. 0.00 0.00 0.00 0.00 0.00
E-7.............. 1,986.90 2,169.00 2,251.50 2,332.50 2,417.40
E-6.............. 1,701.00 1,870.80 1,953.60 2,033.70 2,117.40
E-5.............. 1,561.50 1,665.30 1,745.70 1,828.50 1,912.80
E-4.............. 1,443.60 1,517.70 1,599.60 1,680.30 1,752.30
E-3.............. 1,303.50 1,385.40 1,468.50 1,468.50 1,468.50
E-2.............. 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30
E-1.............. \3\ 1,105.50 1,105.50 1,105.50 1,105.50
1,105.50
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-9 \2\.......... $0.00 $3,423.90 $3,501.30 $3,599.40 $3,714.60
E-8.............. 2,858.10 2,940.60 3,017.70 3,110.10 3,210.30
E-7.............. 2,562.90 2,645.10 2,726.40 2,808.00 2,892.60
E-6.............. 2,254.50 2,337.30 2,417.40 2,499.30 2,558.10
E-5.............. 2,030.10 2,110.20 2,193.30 2,193.30 2,193.30
E-4.............. 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30
E-3.............. 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50
E-2.............. 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30
E-1.............. 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-9 \2\.......... $3,830.40 $3,944.10 $4,098.30 $4,251.30 $4,467.00
E-8.............. 3,314.70 3,420.30 3,573.00 3,724.80 3,937.80
E-7.............. 2,975.10 3,057.30 3,200.40 3,292.80 3,526.80
E-6.............. 2,602.80 2,602.80 2,602.80 2,602.80 2,602.80
E-5.............. 2,193.30 2,193.30 2,193.30 2,193.30 2,193.30
E-4.............. 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30
E-3.............. 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50
E-2.............. 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30
E-1.............. 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for enlisted members may not exceed the rate
of pay for level V of the Executive Schedule.
\2\ Subject to the preceding footnote, while serving as Sergeant Major
of the Army, Master Chief Petty Officer of the Navy, Chief Master
Sergeant of the Air Force, Sergeant Major of the Marine Corps, or
Master Chief Petty Officer of the Coast Guard, basic pay for this
grade is $5,382.90, regardless of cumulative years of service computed
under section 205 of title 37, United States Code.
\3\ In the case of members in pay grade E-1 who have served less than 4
months on active duty, the rate of basic pay is $1,022.70.
SEC. 602. BASIC PAY RATE FOR CERTAIN RESERVE COMMISSIONED OFFICERS
WITH PRIOR SERVICE AS AN ENLISTED MEMBER
OR WARRANT OFFICER.
(a) Service Credit.--Section 203(d) of title 37, United States Code,
is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking ``active service as a warrant officer or as
a warrant officer and an enlisted member'' and inserting
``service described in paragraph (2)''; and
(3) by adding at the end the following new paragraph:
``(2) Service to be taken into account for purposes of computing
basic pay under paragraph (1) is as follows:
``(A) Active service as a warrant officer or as a warrant
officer and an enlisted member, in the case of--
[[Page 115 STAT. 1133]]
``(i) a commissioned officer on active duty who is
paid from funds appropriated for active-duty personnel;
or
``(ii) a commissioned officer on active Guard and
Reserve duty.
``(B) In the case of a commissioned officer (not referred to
in subparagraph (A)(ii)) who is paid from funds appropriated for
reserve personnel, service as a warrant officer, or as a warrant
officer and enlisted member, for which at least 1,460 points
have been credited to the officer for the purposes of section
12732(a)(2) of title 10.''.
(b) Application <<NOTE: 37 USC 203 note.>> of Amendments.--The
amendments made by subsection (a) shall apply with respect to months
beginning on or after the date of the enactment of this Act.
SEC. 603. RESERVE COMPONENT COMPENSATION FOR DISTRIBUTED LEARNING
ACTIVITIES PERFORMED AS INACTIVE-DUTY
TRAINING.
(a) Compensation Authorized.--Section 206(d) of title 37, United
States Code, is amended--
(1) by striking ``This section'' and inserting ``(1) Except
as provided in paragraph (2), this section'';
(2) by striking ``an armed force'' and inserting ``a
uniformed service''; and
(3) by adding at the end the following new paragraph:
``(2) A member of the Selected Reserve of the Ready Reserve may be
paid compensation under this section at a rate and under terms
determined by the Secretary of Defense, but not to exceed the rate
otherwise applicable to the member under subsection (a), upon the
member's successful completion of a course of instruction undertaken by
the member using electronic-based distributed learning methodologies to
accomplish training requirements related to unit readiness or
mobilization, as directed for the member by the Secretary concerned. The
compensation may be paid regardless of whether the course of instruction
was under the direct control of the Secretary concerned or included the
presence of an instructor.''.
(b) Definition of Inactive-Duty Training.--Section 101(22) of such
title is amended by inserting after ``but'' the following: ``(except as
provided in section 206(d)(2) of this title)''.
SEC. 604. SUBSISTENCE ALLOWANCES.
(a) Baseline Amount for Calculating Allowance for Enlisted
Members.--Section 402(b) of title 37, United States Code, is amended 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 is deemed to be $233.''.
(b) Rate <<NOTE: 37 USC 402 note.>> for Enlisted Members When
Messing Facilities Not Available.--(1) Notwithstanding section 402 of
title 37, United States Code, the Secretary of Defense, and the
Secretary of Transportation with respect to the Coast Guard when it is
not operating as a service in the Navy, may prescribe a rate of basic
allowance for subsistence to apply to enlisted members of the uniformed
services when messing facilities of the United States are not available.
The rate may be higher than the rate of basic allowance for subsistence
that would otherwise be applicable to the members under that section,
but may not be higher than the highest rate that was in effect for
enlisted members of the uniformed
[[Page 115 STAT. 1134]]
services under those circumstances before the date of the enactment of
this Act.
(2) <<NOTE: Termination date.>> Paragraph (1) shall cease to be
effective on the first day of the first month for which the basic
allowance for subsistence calculated for enlisted members of the
uniformed services under section 402 of title 37, United States Code,
exceeds the rate of the basic allowance for subsistence prescribed under
paragraph (1).
(c) Continuation <<NOTE: 37 USC 402 note.>> of BAS Transitional
Authority.--Notwithstanding the repeal of subsections (c) through (f) of
section 602 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 37 U.S.C. 402 note) by section 603(c) of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-145), the
basic allowance for subsistence shall be paid in accordance with such
subsections for October, November, and December of 2001.
(d) Eligibility for Supplemental Subsistence Allowance.--Section
402a(b)(1) of title 37, United States Code, is amended by inserting
``with dependents'' after ``a member of the armed forces''.
SEC. 605. ELIGIBILITY FOR TEMPORARY HOUSING ALLOWANCE WHILE IN
TRAVEL OR LEAVE STATUS 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 <<NOTE: 37 USC 403 note.>> 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. 606. 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 <<NOTE: 37 USC 416 note.>> Date.--The amendment made
by this section shall take effect as of October 1, 2000.
SEC. 607. FAMILY SEPARATION ALLOWANCE FOR MEMBERS ELECTING
UNACCOMPANIED TOUR BY REASON OF HEALTH
LIMITATIONS OF DEPENDENTS.
(a) Entitlement to 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) in the second sentence, by striking ``The Secretary
concerned may waive the preceding sentence'' and inserting the
following:
``(3) The Secretary concerned may waive paragraph (1)''; and
(3) by inserting after the first sentence the following new
paragraph:
``(2) The prohibition in the first sentence of paragraph (1) does
not apply to a member who elects to serve an unaccompanied tour of duty
because a dependent cannot accompany the member to or at that permanent
station for certified medical reasons.''.
[[Page 115 STAT. 1135]]
(b) Application <<NOTE: 37 USC 427 note.>> of Amendment.--Paragraph
(2) of section 427(c) of title 37, United States Code, as added by
subsection (a)(3), shall apply with respect to pay periods beginning on
or after January 1, 2002, 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''.
[[Page 115 STAT. 1136]]
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES
FOR NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of such title is amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2001'' and inserting ``December
31, 2002''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
SEC. 614. 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) 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. 615. HAZARDOUS DUTY PAY FOR MEMBERS OF MARITIME VISIT, BOARD,
SEARCH, AND SEIZURE TEAMS.
(a) Additional Type of Duty Eligible for Pay.--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) Application <<NOTE: 37 USC 301 note.>> of Amendment.--Paragraph
(11) of section 301(a) of title 37, United States Code, as added by
subsection (a)(3), shall apply to duty described in such paragraph that
is performed on or after January 1, 2002.
SEC. 616. ELIGIBILITY FOR CERTAIN CAREER CONTINUATION BONUSES FOR
EARLY COMMITMENT TO REMAIN ON ACTIVE DUTY.
(a) Aviation Officers.--Section 301b(b)(4) of title 37, United
States Code, is amended by inserting before the period at the end the
following: ``or is within one year of completing such commitment''.
[[Page 115 STAT. 1137]]
(b) Surface Warfare Officers.--Section 319(a)(3) of such title is
amended by inserting before the period at the end the following: ``or is
within one year of completing such commitment''.
SEC. 617. SECRETARIAL DISCRETION IN PRESCRIBING SUBMARINE DUTY
INCENTIVE PAY RATES.
(a) Authority of Secretary of the Navy; Maximum Rate.--Subsection
(b) of section 301c of title 37, United States Code, is amended to read
as follows:
``(b) Monthly Rates.--The Secretary of the Navy shall prescribe the
monthly rates of submarine duty incentive pay, except that the maximum
monthly rate may not exceed $1,000.''.
(b) Conforming and Clerical Amendments.--Such section is further
amended--
(1) in subsection (a)--
(A) by inserting ``Eligibility Requirements.--''
after ``(a)''; and
(B) by striking ``set forth in'' each place it
appears and inserting ``prescribed pursuant to'';
(2) in subsection (c), by inserting ``Exceptions.--'' after
``(c)''; and
(3) in subsection (d)--
(A) by inserting ``Applicability to Certain Naval
Reserve Duty.--'' after ``(d)''; and
(B) by striking ``authorized by'' and inserting
``prescribed pursuant to''.
(c) Transition.--The <<NOTE: Applicability. 37 USC 301c
note.>> tables set forth in subsection (b) of section 301c of title 37,
United States Code, as in effect on the day before the date of the
enactment of this Act, shall continue to apply until the later of the
following:
(1) January 1, 2002.
(2) The date on which the Secretary of the Navy prescribes
new submarine duty incentive pay rates as authorized by the
amendment made by subsection (a).
SEC. 618. 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. 619. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR INDIVIDUAL
READY RESERVE BONUS FOR REENLISTMENT,
ENLISTMENT, OR EXTENSION OF ENLISTMENT.
(a) Eligibility Based on Qualifications in Critically Short Wartime
Skills or Specialties.--Subsection (a) of section 308h of title 37,
United States Code, is amended to read as follows:
``(a) Authority and Eligibility Requirements.--(1) The Secretary
concerned may pay a bonus as provided in subsection (b) to an eligible
person who reenlists, enlists, or voluntarily extends an enlistment in a
reserve component of an armed force for assignment to an element (other
than the Selected Reserve) of the Ready Reserve of that armed force if
the reenlistment, enlistment, or extension is for a period of three
years, or for a period of six years, beyond any other period the person
is obligated to serve.
[[Page 115 STAT. 1138]]
``(2) A person is eligible for a bonus under this section if the
person--
``(A) is or has been a member of an armed force;
``(B) is qualified in a skill or specialty designated by the
Secretary concerned as a critically short wartime skill or
critically short wartime specialty; and
``(C) has not failed to complete satisfactorily any original
term of enlistment in the armed forces.
``(3) For the purposes of this section, the Secretary concerned may
designate a skill or specialty as a critically short wartime skill or
critically short wartime specialty for an armed force under the
jurisdiction of the Secretary if the Secretary determines that--
``(A) the skill or specialty is critical to meet wartime
requirements of the armed force; and
``(B) there is a critical shortage of personnel in that
armed force who are qualified in that skill or specialty.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in subsection (b), by inserting ``Bonus Amounts;
Payment.--'' after ``(b)'';
(2) in subsection (c), by inserting ``Repayment of
Bonus.--'' after ``(c)'';
(3) in subsection (d), by inserting ``Treatment of
Reimbursement Obligation.--'' after ``(d)'';
(4) in subsection (e), by inserting ``Effect of
Bankruptcy.--'' after ``(e)'';
(5) in subsection (f), by inserting ``Regulations.--'' after
``(f)''; and
(6) in subsection (g), by inserting ``Termination of
Authority.--'' after ``(g)''.
(c) Regulations.--Not <<NOTE: Deadline. 37 USC 308h note.>> later
than 180 days after the date of the enactment of this Act, the
Secretaries of the military departments shall prescribe such regulations
as may be necessary for administering subsection (a) of section 308h of
title 37, United States Code, as amended by this section.
(d) Application <<NOTE: 37 USC 308h note.>> of Amendment.--
Subsection (a) of section 308h of title 37, United States Code, as
amended by this section, shall apply with respect to reserve component
reenlistments, enlistments, and extensions of enlistments that are
executed on or after the first day of the first month that begins more
than 180 days after the date of the enactment of this Act. Subsection
(a) of such section 308h, as in effect on the day before the date of the
enactment of this Act, shall continue to apply with respect to reserve
component reenlistments, enlistments, and extensions of enlistments that
are executed before the first day of that first month.
SEC. 620. 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
[[Page 115 STAT. 1139]]
(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.''.
(b) Application <<NOTE: 37 USC 322 note.>> to Existing Agreements.--
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 the date of the enactment of
this Act, 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 this section.
SEC. 621. ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.
(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 in
critical skills
``(a) Accession <<NOTE: Regulations.>> 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 in a designated critical officer skill
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) Designation of Critical Officer Skills.--(1) The Secretary
concerned shall designate the critical officer skills for the purposes
of this section. A skill may be designated as a critical officer skill
for an armed force under this subsection if--
``(1) in order to meet requirements of the armed force, it
is critical for the armed force to have a sufficient number of
officers who are qualified in that skill; and
``(2) in order to mitigate a current or projected
significant shortage of personnel in the armed force who are
qualified in that skill, it is critical to access into that
armed force in sufficient numbers persons who are qualified in
that skill or are to be trained in that skill.
``(c) Limitation on Amount of Bonus.--The amount of an accession
bonus under subsection (a) may not exceed $60,000.
``(d) 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.
[[Page 115 STAT. 1140]]
``(e) Relation to Other Accession Bonus Authority.--An individual
may not receive an accession bonus under this section and section 302d,
302h, 302j, or 312b of this title for the same period of service.
``(f) Repayment for Failure To Commence or Complete Obligated
Service.--(1) An individual who, after having received all or part of
the accession bonus under an agreement referred to in subsection (a),
fails to accept a commission as an officer or to commence or complete
the total period of active duty service specified in the agreement shall
repay to the United States the amount that bears the same ratio to the
total amount of the bonus authorized for such person as the unserved
part of the period of agreed active duty service bears to the total
period of the agreed active duty service. However, the amount required
to be repaid by the individual may not exceed the amount of the
accession bonus that was paid to the individual.
``(2) Subject to paragraph (3), an obligation to repay the United
States imposed under paragraph (1) is for all purposes a debt owed to
the United States. A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an 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).
``(3) The Secretary concerned may waive, in whole or in part, the
repayment requirement under paragraph (1) on a case-by-case basis if the
Secretary concerned determines that repayment would be against equity
and good conscience or would be contrary to the best interests of the
United States.
``(g) Termination of Authority.--No agreement under this section may
be entered into after December 31, 2002.''.
(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 in critical
skills.''.
SEC. 622. EDUCATION SAVINGS PLAN TO ENCOURAGE REENLISTMENTS AND
EXTENSIONS OF SERVICE IN CRITICAL
SPECIALTIES.
(a) Establishment of Savings Plan.--(1) Chapter 5 of title 37,
United States Code, is amended by inserting after section 324, as added
by section 621, the following new section:
``Sec. 325. Incentive bonus: savings plan for education expenses
and other contingencies
``(a) Benefit and Eligibility.--The Secretary concerned may purchase
United States savings bonds under this section for a member of the armed
forces who is eligible as follows:
``(1) A member who, before completing three years of service
on active duty, enters into a commitment to perform qualifying
service.
``(2) A member who, after completing three years of service
on active duty, but not more than nine years of service on
active duty, enters into a commitment to perform qualifying
service.
``(3) A member who, after completing nine years of service
on active duty, enters into a commitment to perform qualifying
service.
[[Page 115 STAT. 1141]]
``(b) Qualifying Service.--For the purposes of this section,
qualifying service is service on active duty in a specialty designated
by the Secretary concerned as critical to meet requirements (whether or
not such specialty is designated as critical to meet wartime or
peacetime requirements) for a period that--
``(1) is not less than six years; and
``(2) does not include any part of a period for which the
member is obligated to serve on active duty under an enlistment
or other agreement for which a benefit has previously been paid
under this section.
``(c) Forms of Commitment to Additional Service.--For the purposes
of this section, a commitment means--
``(1) in the case of an enlisted member, a reenlistment; and
``(2) in the case of a commissioned officer, an agreement
entered into with the Secretary concerned.
``(d) Amounts of Bonds.--The total of the face amounts of the United
States savings bonds authorized to be purchased for a member under this
section for a commitment shall be as follows:
``(1) In the case of a purchase for a member under paragraph
(1) of subsection (a), $5,000.
``(2) In the case of a purchase for a member under paragraph
(2) of subsection (a), the amount equal to the excess of $15,000
over the total of the face amounts of any United States savings
bonds previously purchased for the member under this section.
``(3) In the case of a purchase for a member under paragraph
(3) of subsection (a), the amount equal to the excess of $30,000
over the total of the face amounts of any United States savings
bonds previously purchased for the member under this section.
``(e) Total Amount of Benefit.--The total amount of the benefit
authorized for a member when United States savings bonds are purchased
for the member under this section by reason of a commitment by that
member shall be the sum of--
``(1) the purchase price of the United States savings bonds;
and
``(2) the amounts that would be deducted and withheld for
the payment of individual income taxes if the total amount
computed under this subsection for that commitment were paid to
the member as a bonus.
``(f) Amount Withheld for Taxes.--The total amount payable for a
member under subsection (e)(2) for a commitment by that member shall be
withheld, credited, and otherwise treated in the same manner as amounts
deducted and withheld from the basic pay of the member.
``(g) Repayment for Failure To Complete Obligated Service.--(1) If a
person fails to complete the qualifying service for which the person is
obligated under a commitment for which a benefit has been paid under
this section, the person shall refund to the United States the amount
that bears the same ratio to the total amount paid for the person (as
computed under subsection (e)) for that particular commitment as the
uncompleted part of the period of qualifying service bears to the total
period of the qualifying service for which obligated.
[[Page 115 STAT. 1142]]
``(2) Subject to paragraph (3), an obligation to reimburse the
United States imposed under paragraph (1) is for all purposes a debt
owed to the United States.
``(3) The Secretary concerned may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary concerned
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
``(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an enlistment or other
agreement under this section does not discharge the person signing such
enlistment or other agreement from a debt arising under the enlistment
or agreement, respectively, or this subsection.
``(h) Relationship to Other Special Pays.--The benefit authorized
under this section is in addition to any other bonus or incentive or
special pay that is paid or payable to a member under any other
provision of this chapter for any portion of the same qualifying
service.
``(i) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of Defense for the armed forces
under his jurisdiction and by the Secretary of Transportation for the
Coast Guard when the Coast Guard is not operating as a service in the
Navy.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 324, as added by
section 621(b), the following new item:
``325. Incentive bonus: savings plan for education expenses and other
contingencies.''.
(b) Application <<NOTE: 37 USC 325 note.>> of Amendment.--Section
325 of title 37, United States Code, as added by subsection (a), shall
apply with respect to reenlistments and other agreements for qualifying
service, as described in that section, that are entered into on or after
October 1, 2001.
(c) Funding For Fiscal Year 2002.--Of the amount authorized to be
appropriated to the Department of Defense for military personnel for
fiscal year 2002 by section 421, $20,000,000 may be available in that
fiscal year for the purchase of United States savings bonds under
section 325 of title 37, United States Code, as added by subsection (a).
SEC. 623. CONTINUATION OF PAYMENT OF SPECIAL AND INCENTIVE PAY AT
UNREDUCED RATES DURING STOP LOSS PERIODS.
(a) Authority to Continue.--(1) Chapter 17 of title 37, United
States Code, is amended by adding at the end the following new section:
``Sec. 909. Special and incentive pay: payment at unreduced rates
during suspension of personnel laws
``(a) Authority To Continue Payment at Unreduced Rates.--To ensure
fairness and recognize the contributions of members of the armed forces
to military essential missions, the Secretary of the military department
concerned may authorize members who are involuntarily retained on active
duty under section 123 or 12305 of title 10 or any other provision of
law and who, immediately before retention on active duty, were entitled
or eligible for special pay or incentive pay under chapter 5 of this
title, to receive that special pay or incentive pay for qualifying
service performed during
[[Page 115 STAT. 1143]]
the retention period, without a reduction in the payment rate below the
rate the members received immediately before retention on active duty,
notwithstanding any requirement otherwise applicable to that special pay
or incentive pay that would reduce the payment rate by reason of the
years of service of the members.
``(b) Suspension During Time of War.--Subsection (a) does not apply
with respect to a special pay or incentive pay under chapter 5 of this
title, whenever the authority to provide that special pay or incentive
pay is suspended by the President or the Secretary of Defense during a
time of war.
``(c) Qualifying Service Defined.--In this section, the term
`qualifying service' means service for which a particular special pay or
incentive pay is payable under the authority of a provision of chapter 5
of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``909. Special and incentive pay: payment at unreduced rates during
suspension of personnel laws.''.
(b) Application <<NOTE: 37 USC 909 note.>> of Amendments.--Section
909 of title 37, United States Code, as added by subsection (a)(1),
shall apply with respect to pay periods beginning after September 11,
2001.
SEC. 624. RETROACTIVE <<NOTE: 37 USC 310 note.>> AUTHORIZATION FOR
IMMINENT DANGER PAY FOR SERVICE IN
CONNECTION WITH OPERATION ENDURING
FREEDOM.
(a) Retroactive Authorization.--The Secretary of Defense may provide
for the payment of imminent danger pay under section 310 of title 37,
United States Code, to members of the Armed Forces assigned to duty in
the areas specified in subsection (b) in connection with the contingency
operation known as Operation Enduring Freedom with respect to periods of
duty served in those areas during the period beginning on September 19,
2001, and ending October 31, 2001.
(b) Specified Areas.--The areas referred to in subsection (a) are
the following:
(1) The land areas of Kyrgyzstan, Oman, the United Arab
Emirates, and Uzbekistan.
(2) The Red Sea, the Gulf of Aden, the Gulf of Oman, and the
Arabian Sea (that portion north of 10/ north latitude and west
of 68/ east longitude).
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.
Section 404(d) of title 37, United States Code, is amended by adding
at the end the following new paragraph:
``(5) <<NOTE: Effective date.>> Effective January 1, 2003, 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
[[Page 115 STAT. 1144]]
within the continental United States of civilian employees and their
dependents, unless the Secretaries concerned determine that a higher
rate for members is more appropriate.''.
SEC. 632. ELIGIBILITY FOR PAYMENT OF SUBSISTENCE EXPENSES
ASSOCIATED WITH OCCUPANCY OF TEMPORARY
LODGING INCIDENT TO REPORTING TO FIRST
PERMANENT DUTY STATION.
(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 <<NOTE: 37 USC 404a note.>> Date; Application.--The
amendments made by this section shall take effect on January 1, 2002,
and apply with respect to an order issued on or after that date to a
member of the uniformed services to report to the member's first
permanent duty station.
SEC. 633. REIMBURSEMENT OF MEMBERS FOR MANDATORY PET QUARANTINE
FEES FOR HOUSEHOLD PETS.
(a) Increase in Maximum Reimbursement Amount.--Section 406(a)(1) of
title 37, United States Code, is amended in the last sentence by
striking ``$275'' and inserting ``$550''.
(b) Application <<NOTE: 37 USC 406 note.>> of Amendment.--The
amendment made by subsection (a) shall apply with respect to the
reimbursement of members of the uniformed services for mandatory pet
quarantine fees incurred in connection with the mandatory quarantine of
a household pet underway on the date of the enactment of this Act or
beginning on or after that date.
SEC. 634. 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 <<NOTE: 37 USC 406 note.>> 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. 635. ELIGIBILITY OF ADDITIONAL MEMBERS FOR DISLOCATION
ALLOWANCE.
(a) Eligibility for Primary Dislocation Allowance.--Subsection (a)
of section 407 of title 37, United States Code, is amended--
(1) in paragraph (2), by adding at the end the following new
subparagraphs:
``(F) A member whose dependents actually move from the
member's place of residence in connection with the performance
[[Page 115 STAT. 1145]]
of orders for the member to report to the member's first
permanent duty station if the move--
``(i) is to the permanent duty station or a
designated location; and
``(ii) is an authorized move.
``(G) Each of two members married to each other who--
``(i) is without dependents;
``(ii) actually moves with the member's spouse to a
new permanent duty station; and
``(iii) is assigned to family quarters of the United
States at or in the vicinity of the new duty station.'';
and
(2) by adding at the end the following new paragraph:
``(4) If a primary dislocation allowance is payable to two members
described in paragraph (2)(G) who are married to each other, the amount
of the allowance payable to such members shall be the amount otherwise
payable under this subsection to the member in the higher pay grade, or
to either member if both members are in the same pay grade. The
allowance shall be paid jointly to both members.''.
(b) Conforming Amendment.--Subsection (e) of such section is amended
by inserting ``(except as provided in subsection (a)(2)(F))'' after
``first duty station''.
(c) Application <<NOTE: 37 USC 407 note.>> of Amendments.--The
amendments made by this section shall apply with respect to an order
issued on or after January 1, 2002, in connection with a change of
permanent station or for a member of the uniformed services to report to
the member's first permanent duty station.
SEC. 636. 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 <<NOTE: Regulations.>> 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) <<NOTE: Effective date.>> 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) Application <<NOTE: 37 USC 407 note.>> of Amendment.--Subsection
(f) of title 37, United States Code, as added by subsection (a)(2),
shall apply with respect to an order to move for a member of a uniformed
service that is issued on or after the date of the enactment of this
Act.
[[Page 115 STAT. 1146]]
SEC. 637. 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. 638. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS
TO ATTEND BURIAL OF A DECEASED MEMBER OF
THE UNIFORMED SERVICES.
(a) Consolidation of Authorities.--Section 411f of title 37, United
States Code, is amended to read as follows:
``Sec. 411f. Travel and transportation allowances: transportation
for survivors of deceased member to attend the
member's burial ceremonies
``(a) Allowances Authorized.--(1) The Secretary concerned may
provide round trip travel and transportation allowances to eligible
relatives of a member of the uniformed services who dies while on active
duty or inactive duty in order that the eligible relatives may attend
the burial ceremony of the deceased member.
``(2) The Secretary concerned may also provide round trip travel and
transportation allowances to an attendant who accompanies an eligible
relative provided travel and transportation allowances under paragraph
(1) for travel to the burial ceremony if the Secretary concerned
determines that--
``(A) the accompanied eligible relative is unable to travel
unattended because of age, physical condition, or other
justifiable reason; and
``(B) there is no other eligible relative of the deceased
member traveling to the burial ceremony who is eligible for
travel and transportation allowances under paragraph (1) and is
qualified to serve as the attendant.
``(b) Limitations.--(1) Except as provided in paragraphs (2) and
(3), allowances under subsection (a) are limited to travel and
transportation to a location in the United States, Puerto Rico, and the
possessions of the United States and may not exceed the rates for two
days and the time necessary for such travel.
``(2) If a deceased member was ordered or called to active duty from
a place outside the United States, Puerto Rico, or the possessions of
the United States, the allowances authorized under subsection (a) may be
provided to and from such place and may not exceed the rates for two
days and the time necessary for such travel.
``(3) If a deceased member is interred in a cemetery maintained by
the American Battle Monuments Commission, the travel and transportation
allowances authorized under subsection (a) may be provided to and from
such cemetery and may not exceed the rates for two days and the time
necessary for such travel.
``(c) Eligible Relatives.--(1) The following members of the family
of a deceased member of the uniformed services are eligible for the
travel and transportation allowances under subsection (a)(1):
``(A) The surviving spouse (including a remarried surviving
spouse) of the deceased member.
``(B) The unmarried child or children of the deceased member
referred to in section 401(a)(2) of this title.
[[Page 115 STAT. 1147]]
``(C) If no person described in subparagraph (A) or (B) is
provided travel and transportation allowances under subsection
(a)(1), the parent or parents of the deceased member (as defined
in section 401(b)(2) of this title).
``(2) If no person described in paragraph (1) is provided travel and
transportation allowances under subsection (a)(1), the travel and
transportation allowances may be provided to--
``(A) the person who directs the disposition of the remains
of the deceased member under section 1482(c) of title 10, or, in
the case of a deceased member whose remains are commingled and
buried in a common grave in a national cemetery, the person who
would have been designated under such section to direct the
disposition of the remains if individual identification had been
made; and
``(B) up to two additional persons closely related to the
deceased member who are selected by the person referred to in
subparagraph (A).
``(d) Expanded Allowances Related to Recovery of Remains From
Vietnam Conflict.--(1) The Secretary of Defense may provide round trip
travel and transportation allowances for the family of a deceased member
of the armed forces who died while classified as a prisoner of war or as
missing in action during the Vietnam conflict and whose remains are
returned to the United States in order that the family members may
attend the burial ceremony of the deceased member.
``(2) The allowances under paragraph (1) shall include round trip
transportation from the places of residence of such family members to
the burial ceremony and such living expenses and other allowances as the
Secretary of Defense considers appropriate.
``(3) For purposes of paragraph (1), eligible family members of the
deceased member of the armed forces include the following:
``(A) The surviving spouse (including a remarried surviving
spouse) of the deceased member.
``(B) The child or children, including children described in
section 401(b)(1) of this title, of the deceased member.
``(C) The parent or parents of the deceased member (as
defined in section 401(b)(2) of this title).
``(D) If no person described in subparagraph (A), (B), or
(C) is provided travel and transportation allowances under
paragraph (1), any brothers, sisters, halfbrothers, halfsisters,
stepbrothers, and stepsisters of the deceased member.
``(e) Burial Ceremony Defined.--In this section, the term `burial
ceremony' includes the following:
``(1) An interment of casketed or cremated remains.
``(2) A placement of cremated remains in a columbarium.
``(3) A memorial service for which reimbursement is
authorized under section 1482(d)(2) of title 10.
``(4) A burial of commingled remains that cannot be
individually identified in a common grave in a national
cemetery.
``(f) Regulations.--The Secretaries concerned shall prescribe
uniform regulations to carry out this section.''.
(b) Repeal of Superseded Laws; Conforming Amendment.--(1) Section
1482 of title 10, United States Code, is amended by striking subsection
(d) and redesignating subsections (e), (f), and (g) as subsections (d),
(e), and (f), respectively.
(2) Section 1481(a)(9) of such title is amended by striking
``section 1482(g)'' and inserting ``section 1482(f)''.
[[Page 115 STAT. 1148]]
(3) The Funeral Transportation and Living Expense Benefits Act of
1974 (Public Law 93-257; 37 U.S.C. 406 note) is repealed.
(c) Application <<NOTE: 37 USC 411 note.>> of Amendment.--Section
411f of title 37, United States Code, as amended by subsection (a),
shall apply with respect to burial ceremonies of deceased members of the
uniformed services that occur on or after the date of the enactment of
this Act.
SEC. 639. FUNDED STUDENT TRAVEL FOR FOREIGN STUDY UNDER AN
EDUCATION PROGRAM APPROVED BY A UNITED
STATES SCHOOL.
(a) Availability of Allowance.--Subsection (a) of section 430 of
title 37, United States Code, is amended to read as follows:
``(a) Availability <<NOTE: Regulations.>> of Allowance.--(1) Under
regulations prescribed by the Secretary of Defense, a member of a
uniformed service may be paid the allowance set forth in subsection (b)
if the member--
``(A) is assigned to a permanent duty station outside the
continental United States;
``(B) is accompanied by the member's dependents at or near
that duty station (unless the member's only dependents are in
the category of dependent described in paragraph (2)); and
``(C) has an eligible dependent child described in paragraph
(2).
``(2) An eligible dependent child of a member referred to in
paragraph (1)(C) is a child who--
``(A) is under 23 years of age and unmarried;
``(B) is enrolled in a school in the continental United
States for the purpose of obtaining a formal education; and
``(C) is attending that school or is participating in a
foreign study program approved by that school and, pursuant to
that foreign study program, is attending a school outside the
United States for a period of not more than one year.''.
(b) Type of Allowance Authorized.--Subsection (b) of such section is
amended--
(1) by inserting ``Allowance Authorized.--'' after ``(b)'';
(2) in the first sentence of paragraph (1), by striking
``each unmarried dependent child,'' and all that follows through
``the school being attended'' and inserting ``each eligible
dependent child of the member of one annual trip between the
school being attended by that child''; and
(3) by adding at the end the following new paragraph:
``(3) The transportation allowance paid under paragraph (1) for an
annual trip of an eligible dependent child who is attending a school
outside the United States may not exceed the transportation allowance
that would be paid under this section for the annual trip of that child
between the child's school in the continental United States and the
member's duty station outside the continental United States and
return.''.
(c) Clerical and Conforming Amendments.--Such section is further
amended--
(1) in subsection (c), by inserting ``Use of Airlift and
Sealift Command.--'' after ``(c)'';
(2) in subsection (d)--
(A) by inserting ``Attendance at School in Alaska or
Hawaii.--'' after ``(d)''; and
[[Page 115 STAT. 1149]]
(B) by striking ``subsection (a)(3)'' and inserting
``subsection (a)(2)'';
(3) in subsection (e), by inserting ``Exception.--'' after
``(e)''; and
(4) in subsection (f), by inserting ``Definitions.--'' after
``(f)''.
(d) Application <<NOTE: 37 USC 430 note.>> of Amendments.--The
amendments made by this section shall apply with respect to travel
described in subsection (b) of section 430 of title 37, United States
Code, as amended by this section, that commences on or after the date of
the enactment of this Act.
Subtitle D--Retirement and Survivor Benefit Matters
SEC. 641. CONTINGENT AUTHORITY FOR CONCURRENT RECEIPT OF MILITARY
RETIRED PAY AND VETERANS' DISABILITY
COMPENSATION AND ENHANCEMENT OF SPECIAL
COMPENSATION AUTHORITY.
(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.
[[Page 115 STAT. 1150]]
``(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) In 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 <<NOTE: 10 USC 1414 note.>> 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.
(e) Enhancement of Special Compensation Authority.--(1) Subsection
(b) of section 1413 of title 10, United States Code,
[[Page 115 STAT. 1151]]
is amended by striking paragraphs (1), (2), and (3) and inserting the
following:
``(1) For payments for months beginning with February 2002
and ending with December 2002, the following:
``(A) For any month for which the retiree has a
qualifying service-connected disability rated as total,
$300.
``(B) For any month for which the retiree has a
qualifying service-connected disability rated as 90
percent, $200.
``(C) For any month for which the retiree has a
qualifying service-connected disability rated as 80
percent or 70 percent, $100.
``(D) For any month for which the retiree has a
qualifying service-connected disability rated as 60
percent, $50.
``(2) For payments for months beginning with January 2003
and ending with September 2004, the following:
``(A) For any month for which the retiree has a
qualifying service-connected disability rated as total,
$325.
``(B) For any month for which the retiree has a
qualifying service-connected disability rated as 90
percent, $225.
``(C) For any month for which the retiree has a
qualifying service-connected disability rated as 80
percent, $125.
``(D) For any month for which the retiree has a
qualifying service-connected disability rated as 70
percent, $100.
``(E) For any month for which the retiree has a
qualifying service-connected disability rated as 60
percent, $50.
``(3) For payments for months after September 2004, the
following:
``(A) For any month for which the retiree has a
qualifying service-connected disability rated as total,
$350.
``(B) For any month for which the retiree has a
qualifying service-connected disability rated as 90
percent, $250.
``(C) For any month for which the retiree has a
qualifying service-connected disability rated as 80
percent, $150.
``(D) For any month for which the retiree has a
qualifying service-connected disability rated as 70
percent, $125.
``(E) For any month for which the retiree has a
qualifying service-connected disability rated as 60
percent, $50.''.
(2) Subsection (d)(2) of such section is amended by striking ``70
percent'' and inserting ``60 percent''.
(3) <<NOTE: Effective date. 10 USC 1413 note.>> The amendments made
by this subsection shall take effect on February 1, 2002.
SEC. 642. SURVIVOR BENEFIT PLAN ANNUITIES FOR SURVIVING SPOUSES OF
MEMBERS WHO DIE WHILE ON ACTIVE DUTY AND
NOT ELIGIBLE FOR RETIREMENT.
(a) Surviving Spouse Annuity.--Paragraph (1) of section 1448(d) of
title 10, United States Code, is amended to read as follows:
``(1) Surviving spouse annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the surviving
spouse of--
``(A) a member who dies while on active duty after--
``(i) becoming eligible to receive retired
pay;
``(ii) qualifying for retired pay except that
the member has not applied for or been granted
that pay; or
[[Page 115 STAT. 1152]]
``(iii) completing 20 years of active service
but before the member is eligible to retire as a
commissioned officer because the member has not
completed 10 years of active commissioned service;
or
``(B) a member not described in subparagraph (A) who
dies in line of duty while on active duty.''.
(b) Computation of Annuity.--Section 1451(c)(1) of such title is
amended--
(1) in subparagraph (A)--
(A) by striking ``based upon his years of active
service when he died.'' and inserting ``when he died
determined as follows:
``(i) In the case of an annuity provided under
section 1448(d) of this title (other than in a
case covered by clause (ii)), such retired pay
shall be computed as if the member had been
retired under section 1201 of this title on the
date of the member's death with a disability rated
as total.
``(ii) In the case of an annuity provided
under section 1448(d)(1)(A) of this title by
reason of the death of a member not in line of
duty, such retired pay shall be computed based
upon the member's years of active service when he
died.
``(iii) In the case of an annuity provided
under section 1448(f) of this title, such retired
pay shall be computed based upon the member or
former member's years of active service when he
died computed under section 12733 of this
title.''; and
(2) in subparagraph (B)(i), by striking ``if the member or
former member'' and all that follows and inserting ``as
determined under subparagraph (A).''.
(c) Conforming Amendments.--(1) The heading for subsection (d) of
section 1448 of such title is amended by striking ``Retirement-
Eligible''.
(2) Subsection (c)(3) of section 1451 of such title is amended by
striking ``1448(d)(1)(B) or 1448(d)(1)(C)'' and inserting ``clause (ii)
or (iii) of section 1448(d)(1)(A)''.
(d) Effective <<NOTE: Applicability. 10 USC 1448 note.>> Date.--The
amendments made by this section shall take effect as of September 10,
2001, and shall apply with respect to deaths of members of the Armed
Forces occurring on or after that date.
Subtitle E--Other Matters
SEC. 651. PAYMENT FOR UNUSED LEAVE IN EXCESS OF 60 DAYS ACCRUED BY
MEMBERS OF RESERVE COMPONENTS ON ACTIVE
DUTY FOR ONE YEAR OR LESS.
(a) Eligibility.--Section 501(b)(5) of title 37, United States Code,
is amended by--
(1) striking ``or'' at the end of subparagraph (B);
(2) striking the period at the end of subparagraph (C) and
inserting ``; or''; and
(3) adding at the end the following new subparagraph:
``(D) by a member of a reserve component while serving on
active duty, full-time National Guard duty, or active duty
[[Page 115 STAT. 1153]]
for training for a period of more than 30 days but not in excess
of 365 days.''.
(b) Application <<NOTE: 37 USC 501 note.>> of Amendment.--
Subparagraph (D) of section 501(b)(5) of title 37, United States Code,
as added by subsection (a)(3), shall apply with respect to periods of
active duty beginning on or after October 1, 2001.
SEC. 652. ADDITIONAL AUTHORITY TO PROVIDE ASSISTANCE FOR FAMILIES
OF MEMBERS OF THE ARMED FORCES.
(a) Authority.--During fiscal year 2002, the Secretary of Defense
may provide assistance for families of members of the Armed Forces
serving on active duty in order to ensure that the children of such
members obtain needed child care, education, and other youth services.
(b) Primary Purpose of Assistance.--The assistance authorized by
this section should be directed primarily toward providing needed family
support, including child care, education, and other youth services, for
children of members of the Armed Forces who are deployed, assigned to
duty, or ordered to active duty in connection with the contingency
operation known as Operation Enduring Freedom.
SEC. 653. AUTHORIZATION OF TRANSITIONAL COMPENSATION AND
COMMISSARY AND EXCHANGE BENEFITS FOR
DEPENDENTS OF COMMISSIONED OFFICERS OF THE
PUBLIC HEALTH SERVICE AND THE NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION WHO
ARE SEPARATED FOR DEPENDENT ABUSE.
(a) Commissioned Officers of the Public Health Service.--Section
221(a) of the Public Health Service Act (42 U.S.C. 213a(a)) is amended
by adding at the end the following new paragraph:
``(17) Section 1059, Transitional compensation and
commissary and exchange benefits for dependents of members
separated for dependent abuse.''.
(b) Commissioned Officers of the National Oceanic and Atmospheric
Administration.--Section 3(a) of the Act entitled ``An Act to revise,
codify, and enact into law, title 10 of the United States Code, entitled
`Armed Forces', and title 32 of the United States Code, entitled
`National Guard' '', approved August 10, 1956 (33 U.S.C. 857a(a)), is
amended by adding at the end the following new paragraph:
``(17) Section 1059, Transitional compensation and
commissary and exchange benefits for dependents of members
separated for dependent abuse.''.
SEC. 654. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER
MONTGOMERY GI BILL BY MEMBERS OF THE ARMED
FORCES WITH CRITICAL MILITARY SKILLS.
(a) Authority To Transfer to Family Members.--(1) Subchapter II of
chapter 30 of title 38, United States Code, is amended by adding at the
end the following new section:
``Sec. 3020. Transfer of entitlement to basic educational
assistance: members of the Armed Forces with
critical military skills
``(a) In General.--Subject to the provisions of this section, each
Secretary concerned may, for the purpose of enhancing recruitment and
retention of members of the Armed Forces with critical
[[Page 115 STAT. 1154]]
military skills and at such Secretary's sole discretion, permit an
individual described in subsection (b) who is entitled to basic
educational assistance under this subchapter to elect to transfer to one
or more of the dependents specified in subsection (c) a portion of such
individual's entitlement to such assistance, subject to the limitation
under subsection (d).
``(b) Eligible Individuals.--An individual referred to in subsection
(a) is any member of the Armed Forces who, at the time of the approval
by the Secretary concerned of the member's request to transfer
entitlement to basic educational assistance under this section--
``(1) has completed six years of service in the Armed
Forces;
``(2) either--
``(A) has a critical military skill designated by
the Secretary concerned for purposes of this section; or
``(B) is in a military specialty designated by the
Secretary concerned for purposes of this section as
requiring critical military skills; and
``(3) enters into an agreement to serve at least four more
years as a member of the Armed Forces.
``(c) Eligible Dependents.--An individual approved to transfer an
entitlement to basic educational assistance under this section may
transfer the individual's entitlement as follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(d) Limitation on Months of Transfer.--The total number of months
of entitlement transferred by an individual under this section may not
exceed 18 months.
``(e) Designation of Transferee.--An individual transferring an
entitlement to basic educational assistance under this section shall--
``(1) designate the dependent or dependents to whom such
entitlement is being transferred;
``(2) designate the number of months of such entitlement to
be transferred to each such dependent; and
``(3) specify the period for which the transfer shall be
effective for each dependent designated under paragraph (1).
``(f) Time for Transfer; Revocation and Modification.--(1) Subject
to the time limitation for use of entitlement under section 3031 of this
title, an individual approved to transfer entitlement to basic
educational assistance under this section may transfer such entitlement
at any time after the approval of the individual's request to transfer
such entitlement without regard to whether the individual is a member of
the Armed Forces when the transfer is executed.
``(2)(A) An individual transferring entitlement under this section
may modify or revoke at any time the transfer of any unused portion of
the entitlement so transferred.
``(B) <<NOTE: Notice.>> The modification or revocation of the
transfer of entitlement under this paragraph shall be made by the
submittal of written notice of the action to both the Secretary
concerned and the Secretary of Veterans Affairs.
[[Page 115 STAT. 1155]]
``(g) Commencement of Use.--A dependent to whom entitlement to basic
educational assistance is transferred under this section may not
commence the use of the transferred entitlement until--
``(1) in the case of entitlement transferred to a spouse,
the completion by the individual making the transfer of six
years of service in the Armed Forces; or
``(2) in the case of entitlement transferred to a child,
both--
``(A) the completion by the individual making the
transfer of 10 years of service in the Armed Forces; and
``(B) either--
``(i) the completion by the child of the
requirements of a secondary school diploma (or
equivalency certificate); or
``(ii) the attainment by the child of 18 years
of age.
``(h) Additional Administrative Matters.--(1) The use of any
entitlement to basic educational assistance transferred under this
section shall be charged against the entitlement of the individual
making the transfer at the rate of one month for each month of
transferred entitlement that is used.
``(2) Except as provided under subsection (e)(2) and subject to
paragraphs (4) and (5), a dependent to whom entitlement is transferred
under this section is entitled to basic educational assistance under
this subchapter in the same manner and at the same rate as the
individual from whom the entitlement was transferred.
``(3) The death of an individual transferring an entitlement under
this section shall not affect the use of the entitlement by the
dependent to whom the entitlement is transferred.
``(4) Notwithstanding section 3031 of this title, a child to whom
entitlement is transferred under this section may not use any
entitlement so transferred after attaining the age of 26 years.
``(5) The administrative provisions of this chapter (including the
provisions set forth in section 3034(a)(1) of this title) shall apply to
the use of entitlement transferred under this section, except that the
dependent to whom the entitlement is transferred shall be treated as the
eligible veteran for purposes of such provisions.
``(6) The purposes for which a dependent to whom entitlement is
transferred under this section may use such entitlement shall include
the pursuit and completion of the requirements of a secondary school
diploma (or equivalency certificate).
``(i) Overpayment.--(1) In the event of an overpayment of basic
educational assistance with respect to a dependent to whom entitlement
is transferred under this section, the dependent and the individual
making the transfer shall be jointly and severally liable to the United
States for the amount of the overpayment for purposes of section 3685 of
this title.
``(2) Except as provided in paragraph (3), if an individual
transferring entitlement under this section fails to complete the
service agreed to by the individual under subsection (b)(3) in
accordance with the terms of the agreement of the individual under that
subsection, the amount of any transferred entitlement under this section
that is used by a dependent of the individual as of the date of such
failure shall be treated as an overpayment of basic educational
assistance under paragraph (1).
[[Page 115 STAT. 1156]]
``(3) Paragraph (2) shall not apply in the case of an individual who
fails to complete service agreed to by the individual--
``(A) by reason of the death of the individual; or
``(B) for a reason referred to in section
3011(a)(1)(A)(ii)(I) of this title.
``(j) Approvals of Transfer Subject to Availability of
Appropriations.--The Secretary concerned may approve transfers of
entitlement to basic educational assistance under this section in a
fiscal year only to the extent that appropriations for military
personnel are available in that fiscal year for purposes of making
deposits in the Department of Defense Education Benefits Fund under
section 2006 of title 10 in that fiscal year to cover the present value
of future benefits payable from the Fund for the Department of Defense
portion of payments of basic educational assistance attributable to
increased usage of benefits as a result of such transfers of entitlement
in that fiscal year.
``(k) Regulations.--The Secretary of Defense shall prescribe
regulations for purposes of this section. Such regulations shall specify
the manner and effect of an election to modify or revoke a transfer of
entitlement under subsection (f)(2) and shall specify the manner of the
applicability of the administrative provisions referred to in subsection
(h)(5) to a dependent to whom entitlement is transferred under this
section.
``(l) Annual <<NOTE: Deadline.>> Report.--(1) Not later than January
31 each year (beginning in 2003), the Secretary of Defense shall submit
to the Committees on Armed Services and the Committees on Veterans'
Affairs of the Senate and House of Representatives a report on the
transfers of entitlement to basic educational assistance under this
section that were approved by each Secretary concerned during the
preceding fiscal year.
``(2) Each report shall set forth--
``(A) the number of transfers of entitlement under this
section that were approved by such Secretary during the
preceding fiscal year; or
``(B) if no transfers of entitlement under this section were
approved by such Secretary during that fiscal year, a
justification for such Secretary's decision not to approve any
such transfers of entitlement during that fiscal year.
``(m) Secretary Concerned Defined.--Notwithstanding section 101(25)
of this title, in this section, the term `Secretary concerned' means--
``(1) the Secretary of the Army with respect to matters
concerning the Army;
``(2) the Secretary of the Navy with respect to matters
concerning the Navy or the Marine Corps;
``(3) the Secretary of the Air Force with respect to matters
concerning the Air Force; and
``(4) the Secretary of Defense with respect to matters
concerning the Coast Guard, or the Secretary of Transportation
when it is not operating as a service in the Navy.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 3019 the
following new item:
``3020. Transfer of entitlement to basic educational assistance: members
of the Armed Forces with critical military skills.''.
[[Page 115 STAT. 1157]]
(b) Treatment Under Department of Defense Education Benefits Fund.--
Section 2006(b)(2) of title 10, United States Code, is amended by adding
at the end the following new subparagraph:
``(D) The present value of future benefits payable
from the Fund for the Department of Defense portion of
payments of educational assistance under subchapter II
of chapter 30 of title 38 attributable to increased
usage of benefits as a result of transfers of
entitlement to basic educational assistance under
section 3020 of that title during such period.''.
(c) Plan <<NOTE: Deadline. Reports.>> for Implementation.--Not later
than June 30, 2002, the Secretary of Defense shall submit to Congress a
report describing the manner in which the Secretaries of the military
departments and the Secretary of Transportation propose to exercise the
authority granted by section 3020 of title 38, United States Code, as
added by subsection (a). The report shall include the regulations
prescribed under subsection (k) of that section for purposes of the
exercise of the authority.
(d) Funding for Fiscal Year 2002.--Of the amount authorized to be
appropriated to the Department of Defense for military personnel for
fiscal year 2002 by section 421, $30,000,000 may be available in fiscal
year 2002 for deposit into the Department of Defense Education Benefits
Fund under section 2006 of title 10, United States Code, for purposes of
covering payments of amounts under subparagraph (D) of section
2006(b)(2) of such title (as added by subsection (b)), as a result of
transfers of entitlement to basic educational assistance under section
3020 of title 38, United States Code (as added by subsection (a)).
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
Sec. 701. Sub-acute and long-term care program reform.
Sec. 702. Prosthetics and hearing aids.
Sec. 703. Durable medical equipment.
Sec. 704. Rehabilitative therapy.
Sec. 705. Report on mental health benefits.
Sec. 706. Clarification of eligibility for reimbursement of travel
expenses of adult accompanying patient in travel for
specialty care.
Sec. 707. TRICARE program limitations on payment rates for institutional
health care providers and on balance billing by institutional
and noninstitutional health care providers.
Sec. 708. Improvements in administration of the TRICARE program.
Subtitle B--Senior Health Care
Sec. 711. Clarifications and improvements regarding the Department of
Defense Medicare-Eligible Retiree Health Care Fund.
Subtitle C--Studies and Reports
Sec. 721. Comptroller General study of health care coverage of members
of the reserve components of the Armed Forces and the
National Guard.
Sec. 722. Comptroller General study of adequacy and quality of health
care provided to women under the defense health program.
Sec. 723. Repeal of obsolete report requirement.
Sec. 724. Comptroller General report on requirement to provide
screenings, physical examinations, and other care for certain
members.
Subtitle D--Other Matters
Sec. 731. Prohibition against requiring military retirees to receive
health care solely through the Department of Defense.
Sec. 732. Fees for trauma and other medical care provided to civilians.
Sec. 733. Enhancement of medical product development.
[[Page 115 STAT. 1158]]
Sec. 734. Pilot program providing for Department of Veterans Affairs
support in the performance of separation physical
examinations.
Sec. 735. Modification of prohibition on requirement of nonavailability
statement or preauthorization.
Sec. 736. Transitional health care for members separated from active
duty.
Sec. 737. Two-year extension of health care management demonstration
program.
Sec. 738. Joint DOD-VA pilot program for providing graduate medical
education and training for physicians.
Subtitle A--TRICARE Program Improvements
SEC. 701. 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. <<NOTE: Regulations.>> 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, part-time or
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 Disabled Beneficiaries.--Section 1079 of
title 10, United States Code, 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
[[Page 115 STAT. 1159]]
dependent. Registration shall be required to receive the extended
benefits.
``(2) <<NOTE: Regulations.>> 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 (including services
necessary to maintain, or minimize or prevent deterioration of, function
of the patient) and case management 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 which may include cost effective and
medically appropriate services other than part-time or
intermittent services (within the meaning of such terms as used
in the second sentence of section 1861(m) of the Social Security
Act).
``(3) Training, rehabilitation, special education, and
assistive technology devices.
``(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)(1) Members shall be required to share in the cost of any
benefits provided to their dependents under subsection (d) as follows:
``(A) 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. <<NOTE: Regulations.>> 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.
``(B) 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.
[[Page 115 STAT. 1160]]
``(2) In the case of extended benefits provided under paragraph (3)
or (4) of subsection (e) to a dependent of a member of the uniformed
services--
``(A) the Government's share of the total cost of providing
such benefits in any month shall not exceed $2,500, except for
costs that a member is exempt from paying under paragraph (3);
and
``(B) the member shall pay (in addition to any amount
payable under paragraph (1)) the amount, if any, by which the
amount of such total cost for the month exceeds the Government's
maximum share under subparagraph (A).
``(3) A member of the uniformed services who incurs expenses under
paragraph (2) for a month for more than one dependent shall not be
required to pay for the month under subparagraph (B) of that paragraph
an amount greater than the amount the member would otherwise be required
to pay under that subparagraph for the month if the member were
incurring expenses under that subparagraph for only one dependent.
``(4) To qualify for extended benefits under paragraph (3) or (4) of
subsection (e), a dependent of a member of the uniformed services shall
be required to use public facilities to the extent such facilities are
available and adequate, as determined under joint regulations of the
administering Secretaries.
``(5) <<NOTE: Regulations.>> The Secretary of Defense, in
consultation with the other administering Secretaries, shall prescribe
regulations to carry out this subsection.''.
(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) Continuation <<NOTE: 10 USC 1079 note.>> of Individual Case
Management Services for Certain Eligible Beneficiaries.--(1)
Notwithstanding the termination of the Individual Case Management
Program by subsection (g), the Secretary of Defense shall, in any case
in which the Secretary makes the determination described in paragraph
(2), continue to provide payment as if such program were in effect for
home health care or custodial care services provided to an eligible
beneficiary that would otherwise be excluded from coverage under
regulations implementing chapter 55 of title 10, United States Code.
(2) The determination referred to in paragraph (1) is a
determination that discontinuation of payment for services not otherwise
provided under such chapter would result in the provision of services
inadequate to meet the needs of the eligible beneficiary and would be
unjust to such beneficiary.
[[Page 115 STAT. 1161]]
(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.
(e) Report <<NOTE: Deadline.>> 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.
(f) 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.''.
(g) Conforming Amendments.--(1) The following provisions of law are
repealed:
(A) Section 703 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 682; 10
U.S.C. 1077 note).
(B) Section 8118 of the Department of Defense Appropriations
Act, 2000 (Public Law 106-79; 113 Stat. 1260).
(C) Section 8100 of the Department of Defense Appropriations
Act, 2001 (Public Law 106-259; 114 Stat. 696).
(2) Section 1079 of title 10, United States Code, is amended in
subsection (a) by striking paragraph (17).
SEC. 702. PROSTHETICS AND HEARING AIDS.
Section 1077 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(16) A hearing aid, but only for a dependent of a member
of the uniformed services on active duty and only if the
dependent has a profound hearing loss, as determined under
standards prescribed in regulations by the Secretary of Defense
in consultation with the administering Secretaries.'';
(2) in subsection (b)(2), by striking ``Hearing aids,
orthopedic footwear,'' and inserting ``Orthopedic footwear'';
and
(3) by adding at the end the following new subsection:
``(e)(1) Authority to provide a prosthetic device under subsection
(a)(15) includes authority to provide the following:
``(A) Any accessory or item of supply that is used in
conjunction with the device for the purpose of achieving
therapeutic benefit and proper functioning.
``(B) Services necessary to train the recipient of the
device in the use of the device.
[[Page 115 STAT. 1162]]
``(C) Repair of the device for normal wear and tear or
damage.
``(D) Replacement of the device if the device is lost or
irreparably damaged or the cost of repair would exceed 60
percent of the cost of replacement.
``(2) An augmentative communication device may be provided as a
voice prosthesis under subsection (a)(15).
``(3) A prosthetic device customized for a patient may be provided
under this section only by a prosthetic practitioner who is qualified to
customize the device, as determined under regulations prescribed by the
Secretary of Defense in consultation with the administering
Secretaries.''.
SEC. 703. DURABLE MEDICAL EQUIPMENT.
(a) Items Authorized.--Section 1077 of title 10, United States Code,
as amended by section 702, is further amended--
(1) in subsection (a)(12), by striking ``such as
wheelchairs, iron lungs, and hospital beds'' and inserting
``which''; and
(2) by adding at the end the following new subsection:
``(f)(1) Items that may be provided to a patient under subsection
(a)(12) include the following:
``(A) Any durable medical equipment that can improve,
restore, or maintain the function of a malformed, diseased, or
injured body part, or can otherwise minimize or prevent the
deterioration of the patient's function or condition.
``(B) Any durable medical equipment that can maximize the
patient's function consistent with the patient's physiological
or medical needs.
``(C) Wheelchairs.
``(D) Iron lungs.
``(E) Hospital beds.
``(2) In addition to the authority to provide durable medical
equipment under subsection (a)(12), any customization of equipment owned
by the patient that is durable medical equipment authorized to be
provided to the patient under this section or section 1079(a)(5) of this
title, and any accessory or item of supply for any such equipment, may
be provided to the patient if the customization, accessory, or item of
supply is essential for--
``(A) achieving therapeutic benefit for the patient;
``(B) making the equipment serviceable; or
``(C) otherwise assuring the proper functioning of the
equipment.''.
(b) Provision of Items on Rental Basis.--Paragraph (5) of section
1079(a) of such title is amended to read as follows:
``(5) Durable equipment provided under this section may be
provided on a rental basis.''.
SEC. 704. REHABILITATIVE THERAPY.
Section 1077(a) of title 10, United States Code, as amended by
sections 702 and 703, is further amended by inserting after paragraph
(16) the following new paragraph:
``(17) Any rehabilitative therapy to improve, restore, or
maintain function, or to minimize or prevent deterioration of
function, of a patient when prescribed by a physician.''.
SEC. 705. REPORT ON MENTAL HEALTH BENEFITS.
(a) Requirement for Study.--The Secretary of Defense shall carry out
a study to determine the adequacy of the scope and
[[Page 115 STAT. 1163]]
availability of outpatient mental health benefits provided for members
of the Armed Forces and covered beneficiaries under the TRICARE program.
(b) Report.--Not <<NOTE: Deadline.>> later than March 31, 2002, the
Secretary shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the study, including the
conclusions and any recommendations for legislation that the Secretary
considers appropriate.
SEC. 706. CLARIFICATION OF ELIGIBILITY FOR REIMBURSEMENT OF TRAVEL
EXPENSES OF ADULT ACCOMPANYING PATIENT IN
TRAVEL FOR SPECIALTY CARE.
Section 1074i of title 10, United States Code, is amended by
inserting before the period at the end the following: ``and, when
accompaniment by an adult is necessary, for a parent or guardian of the
covered beneficiary or another member of the covered beneficiary's
family who is at least 21 years of age''.
SEC. 707. TRICARE PROGRAM LIMITATIONS ON PAYMENT RATES FOR
INSTITUTIONAL HEALTH CARE PROVIDERS AND ON
BALANCE BILLING BY INSTITUTIONAL AND
NONINSTITUTIONAL HEALTH CARE PROVIDERS.
(a) Institutional Providers.--Section 1079(j) of title 10, United
States Code, is amended--
(1) in paragraph (2)(A)--
(A) by striking ``(A)''; and
(B) by striking ``may be determined under joint
regulations'' and inserting ``shall be determined under
joint regulations'';
(2) by redesignating subparagraph (B) of paragraph (2) as
paragraph (4), and, in such paragraph, as so redesignated, by
striking ``subparagraph (A),'' and inserting ``this
subsection,''; and
(3) by inserting before paragraph (4), as redesignated by
paragraph (2), the following new paragraph (3):
``(3) A contract for a plan covered by this section shall include a
clause that prohibits each provider of services under the plan from
billing any person covered by the plan for any balance of charges for
services in excess of the amount paid for those services under the joint
regulations referred to in paragraph (2), except for any unpaid amounts
of deductibles or copayments that are payable directly to the provider
by the person.''.
(b) Noninstitutional Providers.--Section 1079(h)(4) of such title is
amended--
(1) by inserting ``(A)'' after ``(4)''; and
(2) by adding at the end the following new subparagraph:
``(B) <<NOTE: Regulations.>> The regulations shall include a
restriction that prohibits an individual health care professional (or
other noninstitutional health care provider) from billing a beneficiary
for services for more than the amount that is equal to--
``(i) the excess of the limiting charge (as defined in
section 1848(g)(2) of the Social Security Act (42 U.S.C. 1395w-
4(g)(2))) that would be applicable if the services had been
provided by the professional (or other provider) as an
individual health care professional (or other noninstitutional
health care provider) on a nonassignment-related basis under
part B of title XVIII of such Act over the amount that is
payable by the United States for those services under this
subsection, plus
[[Page 115 STAT. 1164]]
``(ii) any unpaid amounts of deductibles or copayments that
are payable directly to the professional (or other provider) by
the beneficiary.''.
(c) Effective <<NOTE: 10 USC 1079 note.>> Date.--The amendments made
by this section shall take effect on the date that is 90 days after the
date of the enactment of this Act.
SEC. 708. IMPROVEMENTS IN ADMINISTRATION OF THE TRICARE PROGRAM.
(a) Flexibility <<NOTE: 10 USC 1072 note.>> in Contracting.--(1)
During the one-year period following the date of the enactment of this
Act, section 1072(7) of title 10, United States Code, shall be deemed to
be amended by striking ``the competitive selection of contractors to
financially underwrite''.
(2) The terms and conditions of any contract to provide health care
services under the TRICARE program entered into during the period
described in paragraph (1) shall not be considered to be modified or
terminated as a result of the termination of such period.
(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.''.
Subtitle B--Senior Health Care
SEC. 711. 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 `uniformed services 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 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.
[[Page 115 STAT. 1165]]
``(2) The term `eligible dependent' means a dependent
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) of
this title.
``(3) The term `medicare-eligible', with respect to any
person, means entitled to benefits under part A of title XVIII
of the Social Security Act (42 U.S.C. 1395c et seq.).
``(4) The term `participating uniformed service' means the
Army, Navy, Air Force, and Marine Corps, and any other uniformed
service that is covered by an agreement entered into under
subsection (c).''.
(b) Participation of Other Uniformed Services.--(1) Section 1111 of
such title is further amended by adding at the end the following new
subsection:
``(c) The Secretary of Defense may enter into an agreement with any
other administering Secretary (as defined in section 1072(3) of this
title) for participation in the Fund by a uniformed service under the
jurisdiction of that Secretary. Any such agreement shall require that
Secretary to determine contributions to the Fund on behalf of the
members of the uniformed service under the jurisdiction of that
Secretary in a manner comparable to the determination with respect to
contributions to the Fund made by the Secretary of Defense under section
1116 of this title, and such administering Secretary may make such
contributions.''.
(2) Section 1112 of such title is amended by adding at the end the
following new paragraph:
``(4) Amounts paid into the Fund pursuant to section 1111(c)
of this title.''.
(3) Section 1115 of such title is amended--
(A) in subsection (a), by inserting ``participating'' before
``uniformed services'';
(B) in subparagraphs (A)(ii) and (B)(ii) of subsection
(b)(1), by inserting ``under the jurisdiction of the Secretary
of Defense'' after ``uniformed services'';
(C) in subsection (b)(2), by inserting ``(or to the other
executive department having jurisdiction over the participating
uniformed service)'' after ``Department of Defense''; and
(D) in subparagraphs (A) and (B) of subsection (c)(1), by
inserting ``participating'' before ``uniformed services''.
(4) Section 1116(a) of such title is amended in paragraphs (1)(B)
and (2)(B) by inserting ``under the jurisdiction of the Secretary of
Defense'' after ``uniformed services''.
(c) Clarification of Payments From the Fund.--(1) Subsection (a) of
section 1113 of such title is amended to read as follows:
``(a) There shall be paid from the Fund amounts payable for the
costs of all uniformed service 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 who are medicare eligible.''.
(2) Such section is further amended by adding at the end the
following new subsections:
``(c)(1) In carrying out subsection (a), the Secretary of Defense
may transfer periodically from the Fund to applicable appropriations of
the Department of Defense, or to applicable appropriations of other
departments or agencies, such amounts as the Secretary
[[Page 115 STAT. 1166]]
determines necessary to cover the costs chargeable to those
appropriations for uniformed service retiree health care programs for
beneficiaries under those programs who are medicare-eligible. Such
transfers may include amounts necessary for the administration of such
programs. Amounts so transferred shall be merged with and be available
for the same purposes and for the same time period as the appropriation
to which transferred. Upon a determination that all or part of the funds
transferred from the Fund are not necessary for the purposes for which
transferred, such amounts may be transferred back to the Fund. This
transfer authority is in addition to any other transfer authority that
may be available to the Secretary.
``(2) A transfer from the Fund under paragraph (1) may not be made
to an appropriation after the end of the second fiscal year after the
fiscal year that the appropriation is available for obligation. A
transfer back to the Fund under paragraph (1) may not be made after the
end of the second fiscal year after the fiscal year for which the
appropriation to which the funds were originally transferred is
available for obligation.
``(d) <<NOTE: Regulations.>> The Secretary of Defense shall by
regulation establish the method or methods for calculating amounts to be
transferred under subsection (c). Such method or methods may be based
(in whole or in part) on a proportionate share of the volume (measured
as the Secretary determines appropriate) of health care services
provided or paid for under uniformed service retiree health care
programs for beneficiaries under those programs who are medicare-
eligible in relation to the total volume of health care services
provided or paid for under Department of Defense health care programs.
``(e) <<NOTE: Deadlines.>> The regulations prescribed by the
Secretary under subsection (d) shall be provided to the Comptroller
General not less than 60 days before such regulations become
effective. <<NOTE: Reports.>> The Comptroller General shall, not later
than 30 days after receiving such regulations, report to the Secretary
of Defense and Congress on the adequacy and appropriateness of the
regulations.
``(f) If the Secretary of Defense enters into an agreement with
another administering Secretary pursuant to section 1111(c), the
Secretary of Defense may take the actions described in subsections (c),
(d), and (e) on behalf of the beneficiaries and programs of the other
participating uniformed service.''.
(d) Source of Funds for Monthly Accrual Payments Into the Fund.--
Section 1116 of such title is further amended--
(1) in subsection (a)(2)(B) (as amended by subsection
(b)(4)), by striking the sentence beginning ``Amounts paid
into''; and
(2) by adding at the end the following new subsection:
``(c) Amounts paid into the Fund under subsection (a) shall be paid
from funds available for the health care programs of the participating
uniformed services under the jurisdiction of the respective
administering Secretaries.''.
(e) Technical Amendments.--(1) Sections 1111(a), 1115(c)(2),
1116(a)(1)(A), and 1116(a)(2)(A) of such title are amended by striking
``Department of Defense retiree health care programs'' and inserting
``uniformed services retiree health care programs''.
(2) The heading for section 1111 of such title is amended to read as
follows:
[[Page 115 STAT. 1167]]
``Sec. 1111. Establishment and purpose of Fund; definitions;
authority to enter into agreements''.
(3) 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 <<NOTE: 10 USC 1111 note.>> Date.--The amendments made
by this section shall take effect as if included in the enactment of
chapter 56 of title 10, United States Code, by section 713(a)(1) of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-179).
(g) First <<NOTE: 10 USC 1116 note.>> Year Contributions.--With
respect to contributions under section 1116(a) of title 10, United
States Code, for the first year that the Department of Defense Medicare-
Eligible Retiree Health Care Fund is established under chapter 56 of
such title, if the Board of Actuaries is unable to execute its
responsibilities with respect to such section, the Secretary of Defense
may make contributions under such section using methods and assumptions
developed by the Secretary.
Subtitle C--Studies and Reports
SEC. 721. COMPTROLLER GENERAL STUDY OF HEALTH CARE COVERAGE OF
MEMBERS OF THE RESERVE COMPONENTS OF THE
ARMED FORCES AND THE NATIONAL GUARD.
(a) Requirement for Study.--The Comptroller General shall carry out
a study of the needs of members of the reserve components of the Armed
Forces and the National Guard and their families for health care
benefits. The study shall include the following:
(1) An analysis of how members of the reserve components of
the Armed Forces and the National Guard currently obtain
coverage for health care benefits when not on active duty,
together with statistics on enrollments in health care benefits
plans, including--
(A) the percentage of such members who are not
covered by an employer health benefits plan;
(B) the percentage of such members who are not
covered by an individual health benefits plan; and
(C) the percentage of such members who are not
covered by any health insurance or other health benefits
plan.
(2) An assessment of the disruptions in health benefits
coverage that a mobilization of members of the reserve
components of the Armed Forces and the National Guard causes for
the members and their families.
(3) An assessment of the cost and effectiveness of various
options for preventing or reducing disruptions described in
paragraph (2), including--
(A) providing health care benefits to all members of
the reserve components of the Armed Forces and the
National Guard and their families through the TRICARE
program, the Federal Employees Health Benefits Program,
or otherwise;
[[Page 115 STAT. 1168]]
(B) revising and extending the program of
transitional medical and dental care that is provided
under section 1074b of title 10, United States Code, for
members of the Armed Forces upon release from active
duty served in support of a contingency operation;
(C) requiring the health benefits plans of such
members, including individual health benefits plans and
group health benefits plans, to permit such members to
elect to resume coverage under such health benefits
plans upon release from active duty in support of a
contingency operation;
(D) allowing members of the reserve components of
the Armed Forces and the National Guard to participate
in TRICARE Standard using various cost-sharing
arrangements;
(E) providing employers of members of the reserve
components of the Armed Forces and the National Guard
with the option of paying the costs of participation in
the TRICARE program for such members and their families
using various cost-sharing arrangements;
(F) providing financial assistance for paying
premiums or other subscription charges for continuation
of coverage by private sector health insurance or other
health benefits plans; and
(G) any other options that the Comptroller General
determines advisable to consider.
(b) Report.--Not <<NOTE: Deadline.>> later than May 1, 2002, the
Comptroller General shall submit to Congress a report describing the
findings of the study conducted under subsection (a).
SEC. 722. COMPTROLLER GENERAL STUDY OF ADEQUACY AND QUALITY OF
HEALTH CARE PROVIDED TO WOMEN UNDER THE
DEFENSE HEALTH PROGRAM.
(a) Requirement for Study.--The Comptroller General shall carry out
a study of the adequacy and quality of the health care provided to women
under chapter 55 of title 10, United States Code.
(b) Specific Consideration.--The study shall include an intensive
review of the availability and quality of reproductive health care
services.
(c) Report.--The <<NOTE: Deadline.>> Comptroller General shall
submit a report on the results of the study to Congress not later than
May 1, 2002.
SEC. 723. 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. 724. COMPTROLLER GENERAL REPORT ON REQUIREMENT TO PROVIDE
SCREENINGS, PHYSICAL EXAMINATIONS, AND
OTHER CARE FOR CERTAIN MEMBERS.
(a) Report Required.--The Comptroller General shall prepare a report
on the advisability, need, and cost effectiveness of the requirements
under section 1074a(d) of title 10, United States Code, that the
Secretary of the Army provide medical and dental screenings, physical
examinations, and certain dental care for early deploying members of the
Selected Reserve. The report shall include
[[Page 115 STAT. 1169]]
any recommendations for changes to such requirements based on the most
current information available on the value of periodic physical
examinations and any role such examinations play in monitoring force and
individual member pre-deployment and post-deployment health status.
(b) Deadline for Submission.--The report required by subsection (a)
shall be provided to the Committees on Armed Services of the Senate and
the House of Representatives not later than June 1, 2002.
Subtitle D--Other Matters
SEC. 731. PROHIBITION AGAINST REQUIRING MILITARY RETIREES TO
RECEIVE HEALTH CARE SOLELY THROUGH THE
DEPARTMENT OF DEFENSE.
(a) Prohibition.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1086a the following new section:
``Sec. 1086b. Prohibition against requiring retired members to
receive health care solely through the
Department of Defense
``The Secretary of Defense may not 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.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1086a the following new item:
``1086b. Prohibition against requiring retired members to receive health
care solely through the Department of Defense.''.
SEC. 732. FEES FOR TRAUMA AND OTHER MEDICAL CARE PROVIDED TO
CIVILIANS.
(a) Requirement To Implement Procedures.--(1) Chapter 55 of title
10, United States Code, is amended by inserting after section 1079a the
following new section:
``Sec. 1079b. Procedures for charging fees for care provided to
civilians; retention and use of fees
collected
``(a) Requirement To Implement Procedures.--The Secretary of Defense
shall implement procedures under which a military medical treatment
facility may charge civilians who are not covered beneficiaries (or
their insurers) fees representing the costs, as determined by the
Secretary, of trauma and other medical care provided to such civilians.
``(b) Use of Fees Collected.--A military medical treatment facility
may retain and use the amounts collected under subsection (a) for--
``(1) trauma consortium activities;
``(2) administrative, operating, and equipment costs; and
``(3) readiness training.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1079a the
following new item:
[[Page 115 STAT. 1170]]
``1079b. Procedures for charging fees for care provided to civilians;
retention and use of fees collected.''.
(b) Deadline <<NOTE: 10 USC 1079 note.>> for Implementation.--The
Secretary of Defense shall begin to implement the procedures required by
section 1079b(a) of title 10, United States Code (as added by subsection
(a)), not later than one year after the date of the enactment of this
Act.
SEC. 733. 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 may directly benefit the subject and is carried out in
accordance with all other applicable laws.''.
SEC. 734. PILOT <<NOTE: 10 USC 1071 note.>> PROGRAM PROVIDING FOR
DEPARTMENT OF VETERANS AFFAIRS SUPPORT IN
THE PERFORMANCE OF SEPARATION PHYSICAL
EXAMINATIONS.
(a) Authority.--The Secretary of Defense and the Secretary of
Veterans Affairs may jointly carry out a pilot program under which the
Secretary of Veterans Affairs may perform the physical examinations
required for members of the uniformed services separating from the
uniformed services who are in one or more geographic areas designated
for the pilot program by the Secretaries.
(b) Reimbursement.--The Secretary of Defense shall reimburse the
Secretary of Veterans Affairs for the cost incurred by the Secretary of
Veterans Affairs in performing, under the pilot program, the elements of
physical examination that are required by the Secretary concerned in
connection with the separation of a member of a uniformed service.
Reimbursements shall be paid out of funds available for the performance
of separation physical examinations of members of that uniformed service
in facilities of the uniformed services.
(c) Agreement.--(1) If the Secretary of Defense and the Secretary of
Veterans Affairs carry out the pilot program authorized by this section,
the Secretaries shall enter into an agreement specifying the geographic
areas in which the pilot program is carried out and the means for making
reimbursement payments under subsection (b).
(2) The other administering Secretaries shall also enter into the
agreement to the extent that the Secretary of Defense determines
necessary to apply the pilot program, including the requirement for
reimbursement, to the uniformed services not under the jurisdiction of
the Secretary of a military department.
(d) Consultation Requirement.--In developing and carrying out the
pilot program, the Secretary of Defense shall consult with the other
administering Secretaries.
(e) Period of Program.--The Secretary of Defense and the Secretary
of Veterans Affairs may carry out the pilot program under this section
beginning not later than July 1, 2002, and terminating on December 31,
2005.
[[Page 115 STAT. 1171]]
(f) Reports.--(1) <<NOTE: Deadlines.>> If the Secretary of Defense
and the Secretary of Veterans Affairs carry out the pilot program
authorized by this section--
(A) not later than January 31, 2004, the Secretaries shall
jointly submit to Congress an interim report on the conduct of
the pilot program; and
(B) not later than March 1, 2005, the Secretaries shall
jointly submit to Congress a final report on the conduct of the
pilot program.
(2) Reports under this subsection shall include the Secretaries'
assessment, as of the date of the report, of the efficacy of the
performance of separation physical examinations as provided for under
the pilot program.
(g) Definitions.--In this section:
(1) The term ``administering Secretaries'' has the meaning
given that term in section 1072(3) of title 10, United States
Code.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(5) of title 37, United States Code.
SEC. 735. MODIFICATION OF PROHIBITION ON REQUIREMENT OF
NONAVAILABILITY STATEMENT OR
PREAUTHORIZATION.
(a) Clarification of Covered Beneficiaries.--Subsection (a) of
section 721 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-184) <<NOTE: 10 USC 1073 note.>> is amended by striking
``covered beneficiary under chapter 55 of title 10, United States Code,
who is enrolled in TRICARE Standard,'' and inserting ``covered
beneficiary under TRICARE Standard pursuant to chapter 55 of title 10,
United States Code,''.
(b) Repeal of Requirement for Notification Regarding Health Care
Received From Another Source.--Subsection (b) of such section is
repealed.
(c) Waiver Authority.--Such section, as so amended, is further
amended by striking subsection (c) and inserting the following new
subsections:
``(b) Waiver Authority.--The Secretary may waive the prohibition in
subsection (a) if--
``(1) the Secretary--
``(A) demonstrates that significant costs would be
avoided by performing specific procedures at the
affected military medical treatment facility or
facilities;
``(B) determines that a specific procedure must be
provided at the affected military medical treatment
facility or facilities to ensure the proficiency levels
of the practitioners at the facility or facilities; or
``(C) determines that the lack of nonavailability
statement data would significantly interfere with
TRICARE contract administration;
``(2) the Secretary provides notification of the Secretary's
intent to grant a waiver under this subsection to covered
beneficiaries who receive care at the military medical treatment
facility or facilities that will be affected by the decision to
grant a waiver under this subsection;
``(3) the Secretary notifies the Committees on Armed
Services of the House of Representatives and the Senate of the
Secretary's intent to grant a waiver under this subsection,
[[Page 115 STAT. 1172]]
the reason for the waiver, and the date that a nonavailability
statement will be required; and
``(4) 60 days have elapsed since the date of the
notification described in paragraph (3).
``(c) Waiver Exception for Maternity Care.--Subsection (b) shall not
apply with respect to maternity care.''.
(d) Effective Date.--(1) Subsection (a) of such section is amended
by striking ``under any new contract for the provision of health care
services''.
(2) Subsection (d) of such section is amended by striking ``take
effect on October 1, 2001.'' and inserting ``take effect on the earlier
of the following:
``(1) The date that a new contract entered into by the
Secretary to provide health care services under TRICARE Standard
takes effect.
``(2) The date that is two years after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2002.''.
(e) Report.--Not <<NOTE: Deadline.>> later than March 1, 2002, the
Secretary of Defense shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report on the Secretary's
plans for implementing section 721 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001, as amended by this
section.
SEC. 736. TRANSITIONAL HEALTH CARE FOR MEMBERS SEPARATED FROM
ACTIVE DUTY.
(a) Permanent Authority for Involuntarily Separated Members and
Mobilized Reserves.--Subsection (a) of section 1145 of title 10, United
States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (2), a
member'' and all that follows through ``of the member),'' and
inserting ``paragraph (3), a member of the armed forces who is
separated from active duty as described in paragraph (2)'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) This <<NOTE: Applicability.>> subsection applies to the
following members of the armed forces:
``(A) A member who is involuntarily separated from active
duty.
``(B) A member of a reserve component who is separated from
active duty to which called or ordered in support of a
contingency operation if the active duty is active duty for a
period of more than 30 days.
``(C) A member who is separated from active duty for which
the member is involuntarily retained under section 12305 of this
title in support of a contingency operation.
``(D) A member who is separated from active duty served
pursuant to a voluntary agreement of the member to remain on
active duty for a period of less than one year in support of a
contingency operation.''; and
(4) in paragraph (3), as redesignated by paragraph (2), by
striking ``involuntarily'' each place it appears.
(b) Conforming Amendments.--Such section 1145 is further amended--
[[Page 115 STAT. 1173]]
(1) in subsection (c)(1), by striking ``during the period
beginning on October 1, 1990, and ending on December 31, 2001'';
and
(2) in subsection (e), by striking the first sentence.
(c) Repeal of Superseded Authority.--(1) Section 1074b of title 10,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 55 of such
title is amended by striking the item relating to section 1074b.
(d) Transition <<NOTE: Applicability. 10 USC 1074b
note.>> Provision.--Notwithstanding the repeal of section 1074b of title
10, United States Code, by subsection (c), the provisions of that
section, as in effect before the date of the enactment of this Act,
shall continue to apply to a member of the Armed Forces who is released
from active duty in support of a contingency operation before that date.
SEC. 737. TWO-YEAR <<NOTE: 10 USC 1071 note.>> EXTENSION OF HEALTH
CARE MANAGEMENT DEMONSTRATION PROGRAM.
(a) Extension.--Subsection (d) of section 733 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted by
Public Law 106-398; 114 Stat. 1654A-191) is amended by striking
``December 31, 2001'' and inserting ``December 31, 2003''.
(b) Report.--Subsection (e) of that section is amended--
(1) by striking ``Reports.--'' and inserting ``Report.--'';
and
(2) by striking ``March 15, 2002'' and inserting ``March 15,
2004''.
SEC. 738. JOINT <<NOTE: 10 USC 1094a note.>> DOD-VA PILOT PROGRAM
FOR PROVIDING GRADUATE MEDICAL EDUCATION
AND TRAINING FOR PHYSICIANS.
(a) In General.--The Secretary of Defense and the Secretary of
Veterans Affairs may jointly carry out a pilot program under which
graduate medical education and training is provided to military
physicians and physician employees of the Department of Defense and the
Department of Veterans Affairs through one or more programs carried out
in military medical treatment facilities of the Department of Defense
and medical centers of the Department of Veterans Affairs.
(b) Cost-Sharing Agreement.--If the Secretary of Defense and the
Secretary of Veterans Affairs carry out a pilot program under subsection
(a), the Secretaries shall enter into an agreement for carrying out the
pilot program under which means are established for each respective
Secretary to assist in paying the costs, with respect to individuals
under the jurisdiction of such Secretary, incurred by the other
Secretary in providing medical education and training under the pilot
program.
(c) Use of Existing Authorities.--To carry out the pilot program,
the Secretary of Defense and the Secretary of Veterans Affairs shall
exercise authorities provided to the Secretaries, respectively, under
other laws relating to the furnishing or support of medical education
and the cooperative use of facilities.
(d) Period of Program.--If the Secretary of Defense and the
Secretary of Veterans Affairs carry out a pilot program under subsection
(a), such pilot program shall begin not later than August 1, 2002, and
shall terminate on July 31, 2007.
(e) Reports.--If <<NOTE: Deadlines.>> the Secretary of Defense and
the Secretary of Veterans Affairs carry out a pilot program under
subsection (a), not later than January 31, 2003, and January 31 of each
[[Page 115 STAT. 1174]]
year thereafter through 2008, the Secretaries shall jointly submit to
Congress a report on the pilot program. The report shall cover the
preceding year and shall include each Secretary's assessment of the
efficacy of providing education and training under the program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Procurement Management and Administration
Sec. 801. Management of procurement of services.
Sec. 802. Savings goals for procurements of services.
Sec. 803. Competition requirement for purchase of services pursuant to
multiple award contracts.
Sec. 804. Reports on maturity of technology at initiation of major
defense acquisition programs.
Subtitle B--Use of Preferred Sources
Sec. 811. Applicability of competition requirements to purchases from a
required source.
Sec. 812. Extension of mentor-protege program.
Sec. 813. Increase of assistance limitation regarding procurement
technical assistance program.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Related Matters
Sec. 821. Amendments to conform with administrative changes in
acquisition phase and milestone terminology and to make
related adjustments in certain requirements applicable at
milestone transition points.
Sec. 822. Follow-on production contracts for products developed pursuant
to prototype projects.
Sec. 823. One-year extension of program applying simplified procedures
to certain commercial items.
Sec. 824. Acquisition workforce qualifications.
Sec. 825. Report on implementation of recommendations of the acquisition
2005 task force.
Subtitle D--Other Matters
Sec. 831. Identification of errors made by executive agencies in
payments to contractors and recovery of amounts erroneously
paid.
Sec. 832. Codification and modification of provision of law known as the
``Berry amendment''.
Sec. 833. Personal services contracts to be performed by individuals or
organizations abroad.
Sec. 834. Requirements regarding insensitive munitions.
Sec. 835. Inapplicability of limitation to small purchases of miniature
or instrument ball or roller bearings under certain
circumstances.
Sec. 836. Temporary emergency procurement authority to facilitate the
defense against terrorism or biological or chemical attack.
Subtitle A--Procurement Management and Administration
SEC. 801. MANAGEMENT OF PROCUREMENT OF SERVICES.
(a) Responsibility of Under Secretary of Defense for Acquisition,
Technology, and Logistics.--Section 133(b)(2) of title 10, United States
Code, is amended by inserting ``of goods and services'' after
``procurement''.
(b) Requirement for Management Structure.--(1) Chapter 137 of such
title is amended by inserting after section 2328 the following new
section:
[[Page 115 STAT. 1175]]
``Sec. 2330. Procurement of services: management structure
``(a) Requirement for Management Structure.--(1) The Secretary of
Defense shall establish and implement a management structure for the
procurement of services for the Department of Defense. The management
structure shall be comparable to the management structure that applies
to the procurement of products by the Department.
``(2) The management structure required by paragraph (1) shall--
``(A) provide for a designated official in each military
department to exercise responsibility for the management of the
procurement of services for such department;
``(B) provide for a designated official for Defense Agencies
and other defense components outside the military departments to
exercise responsibility for the management of the procurement of
services for such Defense Agencies and components;
``(C) include a means by which employees of the departments,
Defense Agencies, and components are accountable to such
designated officials for carrying out the requirements of
subsection (b); and
``(D) establish specific dollar thresholds and other
criteria for advance approvals of purchases under subsection
(b)(1)(C) and delegations of activity under subsection (b)(2).
``(b) Contracting Responsibilities of Designated Officials.--(1) The
responsibilities of an official designated under subsection (a) shall
include, with respect to the procurement of services for the military
department or Defense Agencies and components by that official, the
following:
``(A) Ensuring that the services are procured by means of
contracts or task orders that are in the best interests of the
Department of Defense and are entered into or issued and managed
in compliance with applicable statutes, regulations, directives,
and other requirements, regardless of whether the services are
procured through a contract or task order of the Department of
Defense or through a contract entered into or task order issued
by an official of the United States outside the Department of
Defense.
``(B) Analyzing data collected under section 2330a of this
title on contracts that are entered into for the procurement of
services.
``(C) Approving, in advance, any procurement of services
above the thresholds established pursuant to subsection
(a)(2)(D) that is to be made through the use of--
``(i) a contract or task order that is not a
performance-based contract or task order; or
``(ii) a contract entered into, or a task order
issued, by an official of the United States outside the
Department of Defense.
``(2) The responsibilities of a designated official may be delegated
to other employees of the Department of Defense in accordance with the
criteria established by the Secretary of Defense.
``(c) Definition.--In this section, the term `performance-based',
with respect to a contract or a task order means that the contract or
task order, respectively, includes the use of performance work
statements that set forth requirements in clear, specific, and objective
terms with measurable outcomes.''.
[[Page 115 STAT. 1176]]
(2) <<NOTE: Deadline. 10 USC 2330 note.>> Not later than 180 days
after the date of the enactment of this Act--
(A) the Secretary of Defense shall establish and implement
the management structure required under section 2330 of title
10, United States Code (as added by paragraph (1)); and
(B) <<NOTE: Guidance.>> the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall issue guidance for
officials in the management structure established under such
section 2330 regarding how to carry out their responsibilities
under that section.
(c) Tracking of Procurement of Services.--Chapter 137 of title 10,
United States Code, as amended by subsection (b), is further amended by
inserting after section 2330 the following new section:
``Sec. 2330a. Procurement of services: tracking of purchases
``(a) Data Collection Required.--The Secretary of Defense shall
establish a data collection system to provide management information
with regard to each purchase of services by a military department or
Defense Agency in excess of the simplified acquisition threshold,
regardless of whether such a purchase is made in the form of a contract,
task order, delivery order, military interdepartmental purchase request,
or any other form of interagency agreement.
``(b) Data To Be Collected.--The data required to be collected under
subsection (a) includes the following:
``(1) The services purchased.
``(2) The total dollar amount of the purchase.
``(3) The form of contracting action used to make the
purchase.
``(4) Whether the purchase was made through--
``(A) a performance-based contract, performance-
based task order, or other performance-based arrangement
that contains firm fixed prices for the specific tasks
to be performed;
``(B) any other performance-based contract,
performance-based task order, or performance-based
arrangement; or
``(C) any contract, task order, or other arrangement
that is not performance based.
``(5) In the case of a purchase made through an agency other
than the Department of Defense, the agency through which the
purchase is made.
``(6) The extent of competition provided in making the
purchase and whether there was more than one offer.
``(7) Whether the purchase was made from--
``(A) a small business concern;
``(B) a small business concern owned and controlled
by socially and economically disadvantaged individuals;
or
``(C) a small business concern owned and controlled
by women.
``(c) Compatibility With Data Collection System for Information
Technology Purchases.--To the maximum extent practicable, a single data
collection system shall be used to collect data under this section and
information under section 2225 of this title.
``(d) Definitions.--In this section:
[[Page 115 STAT. 1177]]
``(1) The term `performance-based', with respect to a
contract, task order, or arrangement, means that the contract,
task order, or arrangement, respectively, includes the use of
performance work statements that set forth contract requirements
in clear, specific, and objective terms with measurable
outcomes.
``(2) The definitions set forth in section 2225(f) of this
title for the terms `simplified acquisition threshold', `small
business concern', `small business concern owned and controlled
by socially and economically disadvantaged individuals', and
`small business concern owned and controlled by women' shall
apply.''.
(d) Requirement <<NOTE: Deadline. Policy. 10 USC 2330 note.>> for
Program Review Structure.--(1) Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue and
implement a policy that applies to the procurement of services by the
Department of Defense a program review structure that is similar to the
one developed for and applied to the procurement of weapon systems by
the Department of Defense.
(2) The program review structure for the procurement of services
shall, at a minimum, include the following:
(A) Standards for determining which procurements should be
subject to review by either the senior procurement executive of
a military department or the senior procurement executive of the
Department of Defense under such section, including criteria
based on dollar thresholds, program criticality, or other
appropriate measures.
(B) Appropriate key decision points at which those reviews
should take place.
(C) A description of the specific matters that should be
reviewed.
(e) Comptroller <<NOTE: Deadline. Guidance. 10 USC 2330
note.>> General Review.--Not later than 90 days after the date on which
the Secretary issues the policy required by subsection (d) and the Under
Secretary of Defense for Acquisition, Technology, and Logistics issues
the guidance required by subsection (b)(2), the Comptroller General
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives an assessment of the compliance with the
requirements of this section and the amendments made by this section.
(f) Definitions.--In <<NOTE: 10 USC 2330 note.>> this section:
(1) The term ``senior procurement executive'' means the
official designated as the senior procurement executive under
section 16(3) of the Office of Federal Procurement Policy Act
(41 U.S.C. 414(3)).
(2) The term ``performance-based'', with respect to a
contract or a task order means that the contract or task order,
respectively, includes the use of performance work statements
that set forth contract requirements in clear, specific, and
objective terms with measurable outcomes.
(g) Clerical Amendments.--(1) The heading for section 2331 of title
10, United States Code, is amended to read as follows:
[[Page 115 STAT. 1178]]
``Sec. 2331. Procurement of services: contracts for professional
and technical services''.
(2) The table of sections at the beginning of chapter 137 of such
title is amended by striking the item relating to section 2331 and
inserting the following new items:
``2330. Procurement of services: management structure.
``2330a. Procurement of services: tracking of purchases.
``2331. Procurement of services: contracts for professional and
technical services.''.
SEC. 802. SAVINGS <<NOTE: 10 USC 2330 note.>> GOALS FOR
PROCUREMENTS OF SERVICES.
(a) Goals.--(1) It shall be an objective of the Department of
Defense to achieve savings in expenditures for procurements of services
through the use of--
(A) performance-based services contracting;
(B) appropriate competition for task orders under services
contracts; and
(C) program review, spending analyses, and improved
management of services contracts.
(2) In furtherance of such objective, the Department of Defense
shall have goals to use improved management practices to achieve, over
10 fiscal years, reductions in the total amount that would otherwise be
expended by the Department for the procurement of services (other than
military construction) in a fiscal year by the amount equal to 10
percent of the total amount of the expenditures of the Department for
fiscal year 2000 for procurement of services (other than military
construction), as follows:
(A) By fiscal year 2002, a three percent reduction.
(B) By fiscal year 2003, a four percent reduction.
(C) By fiscal year 2004, a five percent reduction.
(D) By fiscal year 2011, a ten percent reduction.
(b) Annual <<NOTE: Deadlines.>> Report.--Not later than March 1,
2002, and annually thereafter through March 1, 2006, the Secretary of
Defense shall submit to the congressional defense committees a report on
the progress made toward meeting the objective and goals established in
subsection (a). Each report shall include, at a minimum, the following
information:
(1) A summary of the steps taken or planned to be taken in
the fiscal year of the report to improve the management of
procurements of services.
(2) A summary of the steps planned to be taken in the
following fiscal year to improve the management of procurements
of services.
(3) An estimate of the amount that will be expended by the
Department of Defense for procurements of services in the fiscal
year of the report.
(4) An estimate of the amount that will be expended by the
Department of Defense for procurements of services in the
following fiscal year.
(5) An estimate of the amount of savings that, as a result
of improvement of the management practices used by the
Department of Defense, will be achieved for the procurement of
services by the Department in the fiscal year of the report and
in the following fiscal year.
SEC. 803. COMPETITION <<NOTE: 10 USC 2304 note.>> REQUIREMENT FOR
PURCHASE OF SERVICES PURSUANT TO MULTIPLE
AWARD CONTRACTS.
(a) Regulations <<NOTE: Deadline.>> Required.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense
[[Page 115 STAT. 1179]]
shall promulgate in the Department of Defense Supplement to the Federal
Acquisition Regulation regulations requiring competition in the purchase
of services by the Department of Defense pursuant to multiple award
contracts.
(b) Content of Regulations.--(1) The regulations required by
subsection (a) shall provide, at a minimum, that each individual
purchase of services in excess of $100,000 that is made under a multiple
award contract shall be made on a competitive basis unless a contracting
officer of the Department of Defense--
(A) waives the requirement on the basis of a determination
that--
(i) one of the circumstances described in paragraphs
(1) through (4) of section 2304c(b) of title 10, United
States Code, applies to such individual purchase; or
(ii) a statute expressly authorizes or requires that
the purchase be made from a specified source; and
(B) justifies the determination in writing.
(2) For purposes of this subsection, an individual purchase of
services is made on a competitive basis only if it is made pursuant to
procedures that--
(A) require fair notice of the intent to make that purchase
(including a description of the work to be performed and the
basis on which the selection will be made) to be provided to all
contractors offering such services under the multiple award
contract; and
(B) afford all contractors responding to the notice a fair
opportunity to make an offer and have that offer fairly
considered by the official making the purchase.
(3) Notwithstanding paragraph (2), notice may be provided to fewer
than all contractors offering such services under a multiple award
contract described in subsection (c)(2)(A) if notice is provided to as
many contractors as practicable.
(4) A purchase may not be made pursuant to a notice that is provided
to fewer than all contractors under paragraph (3) unless--
(A) offers were received from at least three qualified
contractors; or
(B) a contracting officer of the Department of Defense
determines in writing that no additional qualified contractors
were able to be identified despite reasonable efforts to do so.
(c) Definitions.--In this section:
(1) The term ``individual purchase'' means a task order,
delivery order, or other purchase.
(2) The term ``multiple award contract'' means--
(A) a contract that is entered into by the
Administrator of General Services under the multiple
award schedule program referred to in section 2302(2)(C)
of title 10, United States Code;
(B) a multiple award task order contract that is
entered into under the authority of sections 2304a
through 2304d of title 10, United States Code, or
sections 303H through 303K of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253h
through 253k); and
(C) any other indefinite delivery, indefinite
quantity contract that is entered into by the head of a
Federal agency with two or more sources pursuant to the
same solicitation.
[[Page 115 STAT. 1180]]
(3) The term ``Defense Agency'' has the meaning given that
term in section 101(a)(11) of title 10, United States Code.
(d) Applicability.--The <<NOTE: Effective
date. Deadline.>> regulations promulgated by the Secretary pursuant to
subsection (a) shall take effect not later than 180 days after the date
of the enactment of this Act and shall apply to all individual purchases
of services that are made under multiple award contracts on or after the
effective date, without regard to whether the multiple award contracts
were entered into before, on, or after such effective date.
SEC. 804. REPORTS ON MATURITY OF TECHNOLOGY AT INITIATION OF MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) Reports Required.--Not later than March 1 of each of years 2003
through 2006, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the implementation of the requirement in paragraph 4.7.3.2.2.2 of
Department of Defense Instruction 5000.2, as in effect on the date of
enactment of this Act, that technology must have been demonstrated in a
relevant environment (or, preferably, in an operational environment) to
be considered mature enough to use for product development in systems
integration.
(b) Contents of Reports.--Each report required by subsection (a)
shall--
(1) identify each case in which a major defense acquisition
program entered system development and demonstration during the
preceding calendar year and into which key technology has been
incorporated that does not meet the technological maturity
requirement described in subsection (a), and provide a
justification for why such key technology was incorporated; and
(2) identify any determination of technological maturity
with which the Deputy Under Secretary of Defense for Science and
Technology did not concur and explain how the issue has been or
will be resolved.
(c) Major Defense Acquisition Program Defined.--In this section, the
term ``major defense acquisition program'' has the meaning given that
term in section 139(a)(2) of title 10, United States Code.
Subtitle B--Use of Preferred Sources
SEC. 811. APPLICABILITY OF COMPETITION REQUIREMENTS TO PURCHASES
FROM A REQUIRED SOURCE.
(a) Conditions for Competition.--(1) Chapter 141 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 2410n. Products of Federal Prison Industries: procedural
requirements
``(a) Market Research Before Purchase.--Before purchasing a product
listed in the latest edition of the Federal Prison Industries catalog
under section 4124(d) of title 18, the Secretary of Defense shall
conduct market research to determine whether the Federal Prison
Industries product is comparable in price, quality, and time of delivery
to products available from the private sector.
[[Page 115 STAT. 1181]]
``(b) Limited Competition Requirement.--If the Secretary determines
that a Federal Prison Industries product is not comparable in price,
quality, and time of delivery to products available from the private
sector, the Secretary shall use competitive procedures for the
procurement of the product. In conducting such a competition, the
Secretary shall consider a timely offer from Federal Prison Industries
for award in accordance with the specifications and evaluation factors
specified in the solicitation.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``2410n. Products of Federal Prison Industries: procedural
requirements.''.
(b) Applicability.--Section <<NOTE: 10 USC 2410n note.>> 2410n of
title 10, United States Code (as added by subsection (a)), shall apply
to purchases initiated on or after October 1, 2001.
SEC. 812. EXTENSION OF MENTOR-PROTEGE PROGRAM.
Section 831 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) is amended--
(1) in subsection (j)--
(A) in paragraph (1), by striking ``September 30,
2002'' and inserting ``September 30, 2005''; and
(B) in paragraph (2), by striking ``September 30,
2005'' and inserting ``September 30, 2008''; and
(2) in subsection (l)(3), by striking ``2004'' and inserting
``2007''.
SEC. 813. INCREASE OF ASSISTANCE LIMITATION REGARDING PROCUREMENT
TECHNICAL ASSISTANCE PROGRAM.
Section 2414(a)(1) of title 10, United States Code, is amended by
striking ``$300,000'' and inserting ``$600,000''.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Related Matters
SEC. 821. AMENDMENTS TO CONFORM WITH ADMINISTRATIVE CHANGES IN
ACQUISITION PHASE AND MILESTONE
TERMINOLOGY AND TO MAKE RELATED
ADJUSTMENTS IN CERTAIN REQUIREMENTS
APPLICABLE AT MILESTONE TRANSITION POINTS.
(a) Acquisition Phase Terminology.--The following provisions of
title 10, United States Code, are amended by striking ``engineering and
manufacturing development'' each place it appears and inserting ``system
development and demonstration'': sections 2366(c) and 2434(a), and
subsections (b)(3)(A)(i), (c)(3)(A), and (h)(1) of section 2432.
(b) Milestone Transition Points.--(1) Section 811(c) of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-211), is amended
by striking ``Milestone I approval, Milestone II approval, or Milestone
III approval (or the equivalent) of a major automated information
system'' and inserting ``approval of a major automated information
system at Milestone B or C or for full rate production, or an equivalent
approval,''.
[[Page 115 STAT. 1182]]
(2) <<NOTE: Deadline.>> Department of Defense Directive 5000.1, as
revised in accordance with subsection (b) of section 811 of such Act,
shall be further revised as necessary to comply with subsection (c) of
such section, as amended by paragraph (1), within 60 days after the date
of the enactment of this Act.
(c) Adjustments to Requirement for Determination of Quantity for
Low-Rate Initial Production.--Section 2400(a) of title 10, United States
Code, is amended--
(1) by striking ``milestone II'' each place it appears in
paragraphs (1)(A), (2), (4) and (5) and inserting ``milestone
B''; and
(2) in paragraph (2), by striking ``engineering and
manufacturing development'' and inserting ``system development
and demonstration''.
(d) Adjustments to Requirements for Baseline Description and the
Related Limitation.--Section 2435 of title 10, United States Code, is
amended--
(1) in subsection (b), by striking ``engineering and
manufacturing development'' and inserting ``system development
and demonstration''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``demonstration
and validation'' and inserting ``system development and
demonstration'';
(B) in paragraph (2), by striking ``engineering and
manufacturing development'' and inserting ``production
and deployment''; and
(C) in paragraph (3), by striking ``production and
deployment'' and inserting ``full rate production''.
SEC. 822. FOLLOW-ON PRODUCTION CONTRACTS FOR PRODUCTS DEVELOPED
PURSUANT TO PROTOTYPE PROJECTS.
Section 845 of the National Defense Authorization Act for Fiscal
Year 1994 (10 U.S.C. 2371 note) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Follow-On Production Contracts.--(1) A transaction entered
into under this section for a prototype project that satisfies the
conditions set forth in subsection (d)(1)(B)(i) may provide for the
award of a follow-on production contract to the participants in the
transaction for a specific number of units at specific target prices.
The number of units specified in the transaction shall be determined on
the basis of a balancing of the level of the investment made in the
project by the participants other than the Federal Government with the
interest of the Federal Government in having competition among sources
in the acquisition of the product or products prototyped under the
project.
``(2) A follow-on production contract provided for in a transaction
under paragraph (1) may be awarded to the participants in the
transaction without the use of competitive procedures, notwithstanding
the requirements of section 2304 of title 10, United States Code, if--
``(A) competitive procedures were used for the selection of
parties for participation in the transaction;
``(B) the participants in the transaction successfully
completed the prototype project provided for in the transaction;
[[Page 115 STAT. 1183]]
``(C) the number of units provided for in the follow-on
production contract does not exceed the number of units
specified in the transaction for such a follow-on production
contract; and
``(D) the prices established in the follow-on production
contract do not exceed the target prices specified in the
transaction for such a follow-on production contract.''.
SEC. 823. ONE-YEAR EXTENSION OF PROGRAM APPLYING SIMPLIFIED
PROCEDURES TO CERTAIN COMMERCIAL ITEMS.
Section 4202 of the Clinger-Cohen Act of 1996 (divisions D and E of
Public Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended in
subsection (e) by striking ``January 1, 2002'' and inserting ``January
1, 2003''.
SEC. 824. 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
[[Page 115 STAT. 1184]]
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 a 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 fails to meet the requirements described in
subsection (a)(3).
``(2) To qualify for any developmental program described in
paragraph (1)(B), an individual shall have--
``(A) been awarded a baccalaureate degree, with a grade
point average of at least 3.0 (or the equivalent), 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--
[[Page 115 STAT. 1185]]
``(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) passing 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. 825. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF THE
ACQUISITION 2005 TASK FORCE.
(a) Requirement <<NOTE: Deadline.>> for Report.--Not later than
March 1, 2002, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on the extent of the implementation of the recommendations set
forth in the final report of the Department of Defense Acquisition 2005
Task Force, entitled ``Shaping the Civilian Acquisition Workforce of the
Future''.
(b) Content of Report.--The report shall include the following:
(1) For each recommendation in the final report that is
being implemented or that the Secretary plans to implement--
(A) a summary of all actions that have been taken to
implement the recommendation; and
(B) a schedule, with specific milestones, for
completing the implementation of the recommendation.
(2) For each recommendation in the final report that the
Secretary does not plan to implement--
(A) the reasons for the decision not to implement
the recommendation; and
(B) a summary of any alternative actions the
Secretary plans to take to address the purposes
underlying the recommendation.
(3) A summary of any additional actions the Secretary plans
to take to address concerns raised in the final report about the
size and structure of the acquisition workforce of the
Department of Defense.
(c) Comptroller <<NOTE: Deadline.>> General Review.--Not later than
60 days after the date on which the Secretary submits the report
required by subsection (a), the Comptroller General shall--
(1) review the report; and
(2) submit to the committees referred to in subsection (a)
the Comptroller General's assessment of the extent to which the
report--
(A) complies with the requirements of this section;
and
(B) addresses the concerns raised in the final
report about the size and structure of the acquisition
workforce of the Department of Defense.
[[Page 115 STAT. 1186]]
Subtitle D--Other Matters
SEC. 831. IDENTIFICATION OF ERRORS MADE BY EXECUTIVE AGENCIES IN
PAYMENTS TO CONTRACTORS AND RECOVERY OF
AMOUNTS ERRONEOUSLY PAID.
(a) Program Required.--(1) Chapter 35 of title 31, United States
Code, is amended by adding at the end the following new subchapter:
``SUBCHAPTER VI--RECOVERY AUDITS
``Sec. 3561. 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;
[[Page 115 STAT. 1187]]
``(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 3564 of this title
that executive agencies may carry out to address overpayment
problems and the recovery of overpayments.
``Sec. 3562. 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 3561 of this title shall be available to the
executive agency 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 3561(c)(5) of
this title.
``(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, 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, shall be
deposited in the Treasury as miscellaneous receipts.
``(c) Priority of Other Authorized Dispositions.--Notwithstanding
subsection (b), the authority under such subsection may not be exercised
to use, credit, or deposit funds collected under such a program as
provided in that subsection 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. 3563. Sources of recovery services
``(a) Consideration of Available Recovery Resources.--(1) In
carrying out a program under section 3561 of this title, the head of an
executive agency shall consider all resources available to that official
to carry out the program.
``(2) The resources considered by the head of an executive agency
for carrying out the program shall include the resources available to
the executive agency for such purpose from the following sources:
``(A) The executive agency.
``(B) Other departments and agencies of the United States.
``(C) Private sector sources.
``(b) Compliance With Applicable Law and Regulations.--Before
entering into a contract with a private sector source for the
performance of services under a program of the executive agency carried
out under section 3561 of this title, the head of an executive agency
shall comply with--
[[Page 115 STAT. 1188]]
``(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. 3564. Management improvement programs
``In accordance with guidance provided by the Director of the Office
of Management and Budget under section 3561 of this title, the head of
an executive agency required to carry out a program under such section
3561 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. 3565. Relationship to authority of inspectors general
``Nothing in this subchapter 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. 3566. Privacy protections
``Any nongovernmental entity that, in the course of recovery
auditing or recovery activity under this subchapter, 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.
``Sec. 3567. Definition of executive agency
``Notwithstanding section 102 of this title, in this subchapter, 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)).''.
(2) The table of sections at the beginning of chapter 35 of such
title is amended by adding at the end the following:
``SUBCHAPTER VI--RECOVERY AUDITS
``3561. Identification of errors made by executive agencies in payments
to contractors and recovery of amounts erroneously paid.
``3562. Disposition of recovered funds.
``3563. Sources of recovery services.
``3564. Management improvement programs.
``3565. Relationship to authority of inspectors general.
``3566. Privacy protections.
``3567. Definition of executive agency.''.
(b) Reports.--(1) <<NOTE: Deadline. 31 USC 3561 note.>> 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
[[Page 115 STAT. 1189]]
on the implementation of subchapter VI of chapter 35 of title 31, United
States Code (as added by subsection (a)).
(2) Each report shall include--
(A) a general description and evaluation of the steps taken
by the heads of executive agencies to carry out the programs
under such subchapter, including any management improvement
programs carried out under section 3564 of such title 31;
(B) the costs incurred by executive agencies to carry out
the programs under such subchapter; and
(C) the amounts recovered under the programs under such
subchapter.
(c) Conforming Amendment.--Section 3501 of such title is amended by
inserting ``and subchapter VI'' after ``section 3513''.
SEC. 832. CODIFICATION AND MODIFICATION OF PROVISION OF LAW KNOWN
AS THE ``BERRY AMENDMENT''.
(a) Buy American 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
(h), 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, or covers;
``(D) cotton and other natural fiber products, woven
silk or woven silk blends, spun silk yarn for cartridge
cloth, synthetic fabric or coated synthetic fabric
(including all textile fibers and yarns that are for use
in such fabrics), canvas products, or wool (whether in
the form of fiber or yarn or contained in fabrics,
materials, or manufactured articles); or
``(E) any item of individual equipment manufactured
from or containing such fibers, yarns, fabrics, or
materials.
``(2) Specialty metals, including stainless steel flatware.
``(3) Hand or measuring tools.
``(c) Availability Exception.--Subsection (a) does not apply to the
extent that the Secretary of Defense or the Secretary of the military
department concerned 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.
``(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.
[[Page 115 STAT. 1190]]
``(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 Commissaries, Exchanges, and Other
Nonappropriated Fund Instrumentalities.--Subsection (a) does not apply
to items purchased for resale purposes in commissaries, exchanges, or
nonappropriated fund instrumentalities operated by the Department of
Defense.
``(h) 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.
``(i) 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).
``(j) Geographic Coverage.--In this section, the term `United
States' includes the possessions of the United States.''.
(2) The table of sections at the beginning of subchapter V 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).
[[Page 115 STAT. 1191]]
SEC. 833. PERSONAL SERVICES CONTRACTS TO BE PERFORMED BY
INDIVIDUALS OR ORGANIZATIONS ABROAD.
Section 2 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2669) is amended by adding at the end the following:
``(n) exercise the authority provided in subsection (c),
upon the request of the Secretary of Defense or the head of any
other department or agency of the United States, to enter into
personal service contracts with individuals to perform services
in support of the Department of Defense or such other department
or agency, as the case may be.''.
SEC. 834. REQUIREMENTS REGARDING INSENSITIVE MUNITIONS.
(a) Requirement To Ensure Safety.--(1) Chapter 141 of title 10,
United States Code, is amended by inserting after section 2388 the
following new section:
``Sec. 2389. Ensuring safety regarding insensitive munitions
``The Secretary of Defense shall ensure, to the extent practicable,
that insensitive munitions under development or procurement are safe
throughout development and fielding when subject to unplanned
stimuli.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2388 the
following new item:
``2389. Ensuring safety regarding insensitive munitions.''.
(b) Report <<NOTE: 10 USC 2389 note.>> Requirement.--At the same
time that the budgets for fiscal years 2003 through 2005 are submitted
to Congress under section 1105(a) of title 31, United States Code, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on insensitive
munitions. The reports shall include the following:
(1) The number of waivers granted pursuant to Department of
Defense Regulation 5000.2-R (June 2001) during the preceding
fiscal year, together with a discussion of the justifications
for the waivers.
(2) Identification of the funding proposed for insensitive
munitions in the budget with which the report is submitted,
together with an explanation of the proposed funding.
SEC. 835. INAPPLICABILITY OF LIMITATION TO SMALL PURCHASES OF
MINIATURE OR INSTRUMENT BALL OR ROLLER
BEARINGS UNDER CERTAIN CIRCUMSTANCES.
(a) In General.--Section 2534 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(j) Inapplicability to Certain Contracts To Purchase Ball Bearings
or Roller Bearings.--(1) This section does not apply with respect to a
contract or subcontract to purchase items described in subsection (a)(5)
(relating to ball bearings and roller bearings) for which--
``(A) the amount of the purchase does not exceed $2,500;
``(B) the precision level of the ball or roller bearings to
be procured under the contract or subcontract is rated lower
than the rating known as Annual Bearing Engineering Committee
(ABEC) 5 or Roller Bearing Engineering Committee (RBEC) 5, or an
equivalent of such rating;
[[Page 115 STAT. 1192]]
``(C) at least two manufacturers in the national technology
and industrial base that are capable of producing the ball or
roller bearings have not responded to a request for quotation
issued by the contracting activity for that contract or
subcontract; and
``(D) no bearing to be procured under the contract or
subcontract has a basic outside diameter (exclusive of flange
diameters) in excess of 30 millimeters.
``(2) Paragraph (1) does not apply to a purchase if such purchase
would result in the total amount of purchases of ball bearings and
roller bearings to satisfy requirements under Department of Defense
contracts, using the authority provided in such paragraph, to exceed
$200,000 during the fiscal year of such purchase.''.
(b) Applicability.--Subsection (j) <<NOTE: 10 USC 2534 note.>> of
such section 2534 (as added by subsection (a)) shall apply with respect
to a contract or subcontract to purchase ball bearings or roller
bearings entered into after the date of the enactment of this Act.
SEC. 836. TEMPORARY <<NOTE: 10 USC 2302 note.>> EMERGENCY
PROCUREMENT AUTHORITY TO FACILITATE THE
DEFENSE AGAINST TERRORISM OR BIOLOGICAL OR
CHEMICAL ATTACK.
(a) Increased <<NOTE: Applicability.>> Flexibility for Use of
Streamlined Procedures.--The following special authorities apply to
procurements of property and services by or for the Department of
Defense for which funds are obligated during fiscal year 2002 and 2003:
(1) Micropurchase and simplified acquisition thresholds.--
For any procurement of property or services for use (as
determined by the Secretary of Defense) to facilitate the
defense against terrorism or biological or chemical attack
against the United States--
(A) the amount specified in subsections (c), (d),
and (f) of section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428) shall be deemed
to be $15,000 in the administration of that section with
respect to such procurement; and
(B) the term ``simplified acquisition threshold''
means, in the case of any contract to be awarded and
performed, or purchase to be made--
(i) inside the United States in support of a
contingency operation, $250,000; or
(ii) outside the United States in support of a
contingency operation, $500,000.
(2) Commercial item treatment for procurements of
biotechnology.--For any procurement of biotechnology property or
biotechnology services for use (as determined by the Secretary
of Defense) to facilitate the defense against terrorism or
biological attack against the United States, the procurement
shall be treated as being a procurement of commercial items.
(b) Recommendations <<NOTE: Deadline. Reports.>> for Additional
Emergency Procurement Authority To Support Anti-Terrorism Operations.--
Not later than March 1, 2002, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report containing the Secretary's recommendations for
additional emergency procurement authority that the Secretary (subject
to the direction of the President) determines necessary to support
operations carried out to combat terrorism.
[[Page 115 STAT. 1193]]
(c) Termination of Authority.--No contract may be entered into
pursuant to the authority provided in subsection (a) after September 30,
2003.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Duties and Functions of Department of Defense Officers
Sec. 901. Deputy Under Secretary of Defense for Personnel and Readiness.
Sec. 902. Sense of Congress on functions of new Office of Force
Transformation in the Office of the Secretary of Defense.
Sec. 903. Suspension of reorganization of engineering and technical
authority policy within the Naval Sea Systems Command pending
report to congressional committees.
Subtitle B--Space Activities
Sec. 911. Joint management of space programs.
Sec. 912. Requirement to establish in the Air Force an officer career
field for space.
Sec. 913. Secretary of Defense report on space activities.
Sec. 914. Comptroller General assessment of implementation of
recommendations of Space Commission.
Sec. 915. Sense of Congress regarding officers recommended to be
appointed to serve as Commander of United States Space
Command.
Subtitle C--Reports
Sec. 921. Revised requirement for Chairman of the Joint Chiefs of Staff
to advise Secretary of Defense on the assignment of roles and
missions to the Armed Forces.
Sec. 922. Revised requirements for content of annual report on joint
warfighting experimentation.
Sec. 923. Repeal of requirement for one of three remaining required
reports on activities of Joint Requirements Oversight
Council.
Sec. 924. Revised joint report on establishment of national
collaborative information analysis capability.
Subtitle D--Other Matters
Sec. 931. Conforming amendments relating to change of name of Military
Airlift Command to Air Mobility Command.
Sec. 932. Organizational realignment for Navy Director for Expeditionary
Warfare.
Subtitle A--Duties and Functions of Department of Defense Officers
SEC. 901. DEPUTY UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND
READINESS.
(a) Establishment of Position.--(1) Chapter 4 of title 10, United
States Code, is amended by inserting after section 136 the following new
section:
``Sec. 136a. Deputy Under Secretary of Defense for Personnel and
Readiness
``(a) <<NOTE: President. Congress.>> There is a Deputy Under
Secretary of Defense for Personnel and Readiness, appointed from
civilian life by the President, by and with the advice and consent of
the Senate.
``(b) The Deputy Under Secretary of Defense for Personnel and
Readiness shall assist the Under Secretary of Defense for Personnel and
Readiness in the performance of the duties of that position. The Deputy
Under Secretary of Defense for Personnel and Readiness shall act for,
and exercise the powers of, the Under Secretary when the Under Secretary
is absent or disabled.''.
[[Page 115 STAT. 1194]]
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 136 the
following new item:
``136a. Deputy Under Secretary of Defense for Personnel and
Readiness.''.
(b) Executive Level IV.--Section 5315 of title 5, United States
Code, is amended by inserting after ``Deputy Under Secretary of Defense
for Policy.'' the following:
``Deputy Under Secretary of Defense for Personnel and
Readiness.''.
(c) Reduction in Number of Assistant Secretaries of Defense.--(1)
Section 138(a) of title 10, United States Code, is amended by striking
``nine'' and inserting ``eight''.
(2) Section 5315 of title 5, United States Code, is amended by
striking ``(9)'' after ``Assistant Secretaries of Defense'' and
inserting ``(8)''.
(d) Effective <<NOTE: 5 USC 5315 note.>> Date.--The amendments made
by subsection (c) shall take effect on the date on which a person is
first appointed as Deputy Under Secretary of Defense for Personnel and
Readiness.
SEC. 902. SENSE OF CONGRESS ON FUNCTIONS OF NEW OFFICE OF FORCE
TRANSFORMATION IN THE OFFICE OF THE
SECRETARY OF DEFENSE.
(a) Findings.--Congress finds the following:
(1) The Armed Forces should give careful consideration to
implementing transformation to meet operational challenges and
exploit opportunities resulting from changes in the threat
environment and the emergence of new technologies.
(2) The Department of Defense 2001 Quadrennial Defense
Review Report, issued by the Secretary of Defense on September
30, 2001, states that ``The purpose of transformation is to
maintain or improve U.S. military preeminence in the face of
potential disproportionate discontinuous changes in the
strategic environment. Transformation must therefore be focused
on emerging strategic and operational challenges and the
opportunities created by these challenges.''.
(3) That report further states that ``To support the
transformation effort, and to foster innovation and
experimentation, the Department will establish a new office
reporting directly to the Secretary and Deputy Secretary of
Defense.''.
(b) Sense of Congress on Functions of Office of Force
Transformation.--It is the sense of Congress that the Director of the
Office of Force Transformation within the Office of the Secretary of
Defense should 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.
[[Page 115 STAT. 1195]]
(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, war games, and studies and
analyses and for appropriate staffing, as recommended by the Director of
the Office of Force Transformation referred to in subsection (b).
SEC. 903. SUSPENSION OF REORGANIZATION OF ENGINEERING AND
TECHNICAL AUTHORITY POLICY WITHIN THE
NAVAL SEA SYSTEMS COMMAND PENDING REPORT
TO CONGRESSIONAL COMMITTEES.
(a) Suspension of Reorganization.--During the period specified in
subsection (b), the Secretary of the Navy may not grant final approval
for any reorganization in engineering or technical authority policy for
the Naval Sea Systems Command or any of the subsidiary activities of
that command.
(b) Report.--Subsection (a) <<NOTE: Applicability. Effective
date. Termination date.>> applies during the period beginning on the
date of the enactment of this Act and ending 45 days after the date on
which the Secretary submits to the congressional defense committees a
report that sets forth in detail the Navy's plans and justification for
the reorganization of engineering and technical authority policy within
the Naval Sea Systems Command.
Subtitle B--Space Activities
SEC. 911. JOINT MANAGEMENT OF SPACE PROGRAMS.
(a) In General.--Part IV of subtitle A of title 10, United States
Code, is amended by inserting after chapter 134 the following new
chapter:
``CHAPTER 135--SPACE PROGRAMS
``Sec.
``2271. Management of space programs: joint program offices and officer
management programs.
``Sec. 2271. Management of space programs: joint program offices
and officer management programs
``(a) Joint Program Offices.--The Secretary of Defense shall take
appropriate actions to ensure, to the maximum extent practicable, that
space development and acquisition programs of the Department of Defense
are carried out through joint program offices.
``(b) Officer Management Programs.--(1) The Secretary of Defense
shall take appropriate actions to ensure, to the maximum extent
practicable, that--
``(A) Army, Navy, and Marine Corps officers, as well as Air
Force officers, are assigned to the space development and
acquisition programs of the Department of Defense; and
``(B) Army, Navy, and Marine Corps officers, as well as Air
Force officers, are eligible, on the basis of qualification, to
hold leadership positions within the joint program offices
referred to in subsection (a).
``(2) The Secretary of Defense shall designate those positions in
the Office of the National Security Space Architect of the Department of
Defense (or any successor office) that qualify as joint duty assignment
positions for purposes of chapter 38 of this title.''.
[[Page 115 STAT. 1196]]
(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. 912. REQUIREMENT TO ESTABLISH IN THE AIR FORCE AN OFFICER
CAREER FIELD FOR SPACE.
(a) In General.--Chapter 807 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8084. Officer career field for space
``The <<NOTE: Policies and procedures.>> Secretary of the Air Force
shall establish and implement policies and procedures to develop a
career field for officers in the Air Force with technical competence in
space-related matters to have the capabilty to--
``(1) develop space doctrine and concepts of space
operations;
``(2) develop space systems; and
``(3) operate space systems.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``8084. Officer career field for space.''.
SEC. 913. SECRETARY OF DEFENSE REPORT ON SPACE ACTIVITIES.
(a) Report.--(1) <<NOTE: Deadline.>> Not later than March 15, 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 problems in the management and organization
of the Department of Defense for space activities that were identified
in the report of the Space Commission, including a description of the
actions taken by the Secretary to address those problems.
(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) Matters To Be Included.--The report of the Secretary of Defense
under subsection (a) shall include a description of, and rationale for,
each of the following:
(1) Actions taken by the Secretary of Defense to realign
management authorities and responsibilities for space programs
of the Department of Defense.
(2) Steps taken to--
(A) establish a career field for officers in the Air
Force with technical competence in space-related
matters, in accordance with section 8084 of title 10,
United States Code, as added by section 912;
(B) ensure that officers in that career field are
treated fairly and objectively within the overall Air
Force officer personnel system; and
(C) ensure that the primary responsibility for
management of that career field is assigned
appropriately.
(3) Other steps taken within the Air Force to ensure proper
priority for development of space systems.
[[Page 115 STAT. 1197]]
(4) Steps taken to ensure that the interests of the Army,
the Navy, and the Marine Corps in development and acquisition of
space systems, and in the operations of space systems, are
protected.
(5) Steps taken by the Office of the Secretary of Defense
and the military departments to ensure that the Army, Navy, and
Marine Corps continue to develop military and civilian personnel
with the required expertise in space system development,
acquisition, management, and operation.
(6) Steps taken to ensure adequate oversight by the Office
of the Secretary of Defense of the actions of the Under
Secretary of the Air Force as the acquisition executive for
Department of Defense space programs.
(7) Steps taken to improve oversight of the level of funding
provided for space programs and the level of personnel resources
provided for space programs.
SEC. 914. COMPTROLLER <<NOTE: 10 USC 2271 note.>> 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 <<NOTE: Deadlines.>> 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. 915. SENSE OF CONGRESS REGARDING OFFICERS RECOMMENDED TO BE
APPOINTED TO SERVE AS COMMANDER OF UNITED
STATES SPACE COMMAND.
It is the sense of Congress that the position of commander of the
United States Space Command, a position of importance and responsibility
designated by the President under section 601 of title 10, United States
Code, to carry the grade of general or admiral and covered by section
604 of that title, relating to recommendations by the Secretary of
Defense for appointment of officers to certain four-star joint officer
positions, should be filled by the best qualified officer of the Army,
Navy, Air Force, or Marine Corps, rather than by officers from the same
armed force that has traditionally provided officers for that position.
[[Page 115 STAT. 1198]]
Subtitle C--Reports
SEC. 921. REVISED REQUIREMENT FOR CHAIRMAN OF THE JOINT CHIEFS OF
STAFF TO ADVISE SECRETARY OF DEFENSE ON
THE ASSIGNMENT OF ROLES AND MISSIONS TO
THE ARMED FORCES.
(a) Assessment During Quadrennial Defense Review.--Section 118(e) of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(e) CJCS Review.--'';
(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) The Chairman shall include as part of that assessment the
Chairman's assessment of the assignment of functions (or roles and
missions) to the armed forces, together with any recommendations for
changes in assignment that the Chairman considers necessary to achieve
maximum efficiency of the armed forces. In preparing the assessment
under this paragraph, 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.''.
(b) Repeal of Requirement for Triennial Report on Assignment of
Roles and Missions.--Section 153 of such title is amended--
(1) by striking ``(a) Planning; Advice; Policy
Formulation.--''; and
(2) by striking subsection (b).
(c) Assessment <<NOTE: 10 USC 118 note.>> With Respect to 2001
QDR.--With respect to the 2001 Quadrennial Defense Review, the Chairman
of the Joint Chiefs of Staff shall submit to Congress a separate
assessment of functions (or roles and missions) of the Armed Forces in
accordance with paragraph (2) of section 118(e) of title 10, United
States Code, as added by subsection (a)(3). <<NOTE: Deadline.>> Such
assessment shall be based on the findings in the 2001 Quadrennial
Defense Review, issued by the Secretary of Defense on September 30,
2001, and shall be submitted to Congress not later than one year after
the date of the enactment of this Act.
SEC. 922. REVISED REQUIREMENTS FOR CONTENT OF ANNUAL REPORT ON
JOINT WARFIGHTING EXPERIMENTATION.
Section 485(b) of title 10, United States Code, is amended--
(1) in paragraph (4)(E)--
(A) by inserting ``(by lease or by purchase)'' after
``acquire''; and
(B) by inserting ``(including any prototype)'' after
``or equipment''; and
(2) by adding at the end the following new paragraph:
``(6) A specific assessment of whether there is a need for a
major force program for funding--
``(A) joint warfighting experimentation; and
``(B) the development and acquisition of any
technology the value of which has been empirically
demonstrated through such experimentation.''.
[[Page 115 STAT. 1199]]
SEC. 923. REPEAL <<NOTE: 10 USC 181 note.>> OF REQUIREMENT FOR ONE
OF THREE REMAINING REQUIRED REPORTS 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 amended--
(1) in the section heading, by striking ``semiannual
report'' and inserting ``reports'';
(2) in subsection (a)--
(A) by striking ``Semiannual Report'' in the
subsection heading and inserting ``Reports Required'';
and
(B) by striking ``five semiannual''; and
(3) in subsection (b)--
(A) by striking ``September 1, 2002,''; and
(B) by striking the period at the end of the last
sentence and inserting ``, except that the last report
shall cover all of the preceding fiscal year.''.
SEC. 924. 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 identify any issues that would require legislative or
regulatory changes in order to implement 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.
(d) Definitions.--In this section:
(1) Dod/cia report.--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).
(2) Congressional intelligence committees.--The term
``congressional intelligence committees'' means the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives.
[[Page 115 STAT. 1200]]
Subtitle D--Other Matters
SEC. 931. CONFORMING AMENDMENTS RELATING TO CHANGE OF NAME OF
MILITARY AIRLIFT COMMAND TO AIR MOBILITY
COMMAND.
(a) Current References in Title 10, United States Code.--Section
2554(d) of title 10, United States Code, and section 2555(a) of such
title (relating to transportation services for international Girl Scout
events) are 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 amended by striking
``Military Airlift Command'' and inserting ``Air Mobility Command''.
SEC. 932. ORGANIZATIONAL REALIGNMENT FOR NAVY DIRECTOR FOR
EXPEDITIONARY WARFARE.
Section 5038(a) of title 10, United States Code, is amended by
striking ``Office of the Deputy Chief of Naval Operations for Resources,
Warfare Requirements, and Assessments'' and inserting ``office of the
Deputy Chief of Naval Operations with responsibility for warfare
requirements and programs''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Department of Defense Civilian Personnel
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of supplemental appropriations for fiscal year
2001.
Sec. 1004. United States contribution to NATO common-funded budgets in
fiscal year 2002.
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping
operations for fiscal year 2002.
Sec. 1006. Maximum amount for National Foreign Intelligence Program.
Sec. 1007. Clarification of applicability of interest penalties for late
payment of interim payments due under contracts
for services.
Sec. 1008. Reliability of Department of Defense financial statements.
Sec. 1009. Financial Management Modernization Executive Committee and
financial feeder systems compliance process.
Sec. 1010. Authorization of funds for ballistic missile defense programs
or combating terrorism programs of the Department
of Defense.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Authority to transfer naval vessels to certain foreign
countries.
Sec. 1012. Sale of Glomar Explorer to the lessee.
Sec. 1013. Leasing of Navy ships for university national oceanographic
laboratory system.
Sec. 1014. Increase in limitations on administrative authority of the
Navy to settle admiralty claims.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension and restatement of authority to provide Department
of Defense support for counter-drug activities of
other governmental agencies.
Sec. 1022. Extension of reporting requirement regarding Department of
Defense expenditures to support foreign counter-
drug activities.
Sec. 1023. Authority to transfer Tracker aircraft currently used by
Armed Forces for counter-drug purposes.
Sec. 1024. Limitation on use of funds for operation of Tethered Aerostat
Radar System pending submission of required
report.
[[Page 115 STAT. 1201]]
Subtitle D--Strategic Forces
Sec. 1031. Repeal of limitation on retirement or dismantlement of
strategic nuclear delivery systems.
Sec. 1032. Air Force bomber force structure.
Sec. 1033. Additional element for revised nuclear posture review.
Sec. 1034. Report on options for modernization and enhancement of
missile wing helicopter support.
Subtitle E--Other Department of Defense Provisions
Sec. 1041. Secretary of Defense recommendation on need for Department of
Defense review of proposed Federal agency actions
to consider possible impact on national defense.
Sec. 1042. Department of Defense reports to Congress to be accompanied
by electronic version upon request.
Sec. 1043. Department of Defense gift authorities.
Sec. 1044. Acceleration of research, development, and production of
medical countermeasures for defense against
biological warfare agents.
Sec. 1045. Chemical and biological protective equipment for military
personnel and civilian employees of the Department
of Defense.
Sec. 1046. Sale of goods and services by Naval Magazine, Indian Island,
Alaska.
Sec. 1047. Report on procedures and guidelines for embarkation of
civilian guests on naval vessels for public
affairs purposes.
Sec. 1048. Technical and clerical amendments.
Sec. 1049. 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.
Subtitle F--Other Matters
Sec. 1061. Assistance for firefighters.
Sec. 1062. Extension of times for Commission on the Future of the United
States Aerospace industry to report and to
terminate.
Sec. 1063. Appropriations to Radiation Exposure Compensation Trust Fund.
Sec. 1064. Waiver of vehicle weight limits during periods of national
emergency.
Sec. 1065. Repair, restoration, and preservation of Lafayette Escadrille
Memorial, Marnes-la-Coquette, France.
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).
[[Page 115 STAT. 1202]]
SEC. 1002. INCORPORATION <<NOTE: 10 USC 114 note.>> OF CLASSIFIED
ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the committee of conference to accompany the conference report on the
bill S. 1438 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 <<NOTE: President.>> 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. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR FISCAL
YEAR 2001.
Amounts authorized to be appropriated to the Department of Defense
for fiscal year 2001 in the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398) are hereby adjusted, with respect to any such authorized
amount, by the amount by which appropriations pursuant to such
authorization were increased (by a supplemental appropriation) or
decreased (by a rescission), or both, in title I of the Supplemental
Appropriations Act, 2001 (Public Law 107-20).
SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2002.
(a) Fiscal Year 2002 Limitation.--The total amount contributed by
the Secretary of Defense in fiscal year 2002 for the common-funded
budgets of NATO may be any amount up to, but not in excess of, the
amount specified in subsection (b) (rather than the maximum amount that
would otherwise be applicable to those contributions under the fiscal
year 1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under
subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2001, of funds appropriated for fiscal years before
fiscal year 2002 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be appropriated by
titles II and III of this Act are available for contributions for the
common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $708,000 for
the Civil Budget.
[[Page 115 STAT. 1203]]
(2) Of the amount provided in section 301(a)(1),
$175,849,000 for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-funded
budgets of NATO'' means the Military Budget, the Security
Investment Program, and the Civil Budget of the North Atlantic
Treaty Organization (and any successor or additional account or
program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term ``fiscal
year 1998 baseline limitation'' means the maximum annual amount
of Department of Defense contributions for common-funded budgets
of NATO that is set forth as the annual limitation in section
3(2)(C)(ii) of the resolution of the Senate giving the advice
and consent of the Senate to the ratification of the Protocols
to the North Atlantic Treaty of 1949 on the Accession of Poland,
Hungary, and the Czech Republic (as defined in section 4(7) of
that resolution), approved by the Senate on April 30, 1998.
SEC. 1005. 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(a)(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.
[[Page 115 STAT. 1204]]
(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. 1006. MAXIMUM AMOUNT FOR NATIONAL FOREIGN INTELLIGENCE
PROGRAM.
The total amount authorized to be appropriated for the National
Foreign Intelligence Program for fiscal year 2002 is the sum of the
following:
(1) The total amount set forth for the National Foreign
Intelligence Program for fiscal year 2002 in the message of the
President to Congress transmitted by the President on June 27,
2001, and printed as House Document 107-92, captioned
``Communication of the President of the United States
Transmitting Requests for Fiscal Year 2002 Budget Amendments for
the Department of Defense''.
(2) The total amount, if any, appropriated for the National
Foreign Intelligence Program for fiscal year 2002 pursuant to
the 2001 Emergency Supplemental Appropriations Act for Recovery
from and Response to Terrorist Attacks on the United States
(Public Law 107-38; 115 Stat. 220-221).
(3) The total amount, if any, appropriated for the National
Foreign Intelligence Program for fiscal year 2002 in any law
making supplemental appropriations for fiscal year 2002 that is
enacted during the second session of the 107th Congress.
SEC. 1007. CLARIFICATION <<NOTE: 31 USC 3902 note.>> OF
APPLICABILITY OF INTEREST PENALTIES FOR
LATE PAYMENT OF INTERIM PAYMENTS DUE
UNDER CONTRACTS FOR SERVICES.
Section 1010(d) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-251) is amended by inserting before the
period at the end of the first sentence the following: ``, and shall
apply with respect to interim payments that are due on or after such
date under contracts entered into before, on, or after that date''.
SEC. 1008. RELIABILITY <<NOTE: 10 USC 2222 note.>> OF DEPARTMENT
OF DEFENSE FINANCIAL STATEMENTS.
(a) Annual <<NOTE: Deadline.>> Report on Reliability.--(1) Not later
than September 30 of each year but subject to subsection (f), the
Secretary of Defense shall submit to the recipients specified in
paragraph (3) a report on the reliability of the Department of Defense
financial statements, including the financial statements of each
component of the Department that is required to prepare a financial
statement under section 3515(c) of title 31, United States Code.
(2) The annual report shall contain the following:
[[Page 115 STAT. 1205]]
(A) A conclusion regarding whether the policies and
procedures of the Department of Defense, and the systems used
within the Department of Defense, for the preparation of
financial statements allow the achievement of reliability in
those financial statements.
(B) For each of the financial statements prepared for the
Department of Defense for the fiscal year in which the report is
submitted, a conclusion regarding the expected reliability of
the financial statement (evaluated on the basis of Office of
Management and Budget guidance on financial statements),
together with a discussion of the major deficiencies to be
expected in the statement.
(C) A summary of the specific sections of the annual
Financial Management Improvement Plan of the Department of
Defense, current as of the date of the report, that--
(i) detail the priorities, milestones, and measures
of success that apply to the preparation of the
financial statements;
(ii) detail the planned improvements in the process
for the preparation of financial statements that are to
be implemented within 12 months after the date on which
the plan is issued; and
(iii) provide an estimate of when each financial
statement will convey reliable information.
(3) The annual report shall be submitted to the following:
(A) The Committee on Armed Services and the Committee on
Governmental Affairs of the Senate.
(B) The Committee on Armed Services and the Committee on
Government Reform of the House of Representatives.
(C) The Director of the Office of Management and Budget.
(D) The Secretary of the Treasury.
(E) The Comptroller General of the United States.
(4) The Secretary of Defense shall make a copy of the annual report
available to the Inspector General of the Department of Defense.
(b) Minimization of Use of Resources for Unreliable Financial
Statements.--(1) With respect to each financial statement for a fiscal
year that the Secretary of Defense assesses as being expected to be
unreliable in the annual report under subsection (a), the Under
Secretary of Defense (Comptroller) shall take appropriate actions to
minimize, consistent with the benefits to be derived, the resources
(including contractor support) that are used to develop, compile, and
report the financial statement.
(2) With the annual budget justifications for the Department of
Defense submitted to Congress each year, the Under Secretary of Defense
(Comptroller) shall submit, with respect to the fiscal year in which
submitted, the preceding fiscal year, and the following fiscal year, the
following information:
(A) An estimate of the resources that the Department of
Defense is saving or expects to save as a result of actions
taken and to be taken under paragraph (1) with respect to the
preparation of financial statements.
(B) A discussion of how the resources saved as estimated
under subparagraph (A) have been redirected or are to be
redirected from the preparation of financial statements to the
improvement of systems underlying financial management within
the Department of Defense and to the improvement
[[Page 115 STAT. 1206]]
of financial management policies, procedures, and internal
controls within the Department of Defense.
(c) Information <<NOTE: Deadline.>> to Auditors.--Not later than
October 31 of each year, the Under Secretary of Defense (Comptroller)
and the Assistant Secretary of each military department with
responsibility for financial management and comptroller functions shall
each provide to the auditors of the financial statement of that
official's department for the fiscal year ending during the preceding
month that official's preliminary management representation, in writing,
regarding the expected reliability of the financial statement. The
representation shall be consistent with guidance issued by the Director
of the Office of Management and Budget and shall include the basis for
the reliability assessment stated in the representation.
(d) Limitation on Inspector General Audits.--(1) On each financial
statement that an official asserts is unreliable under subsection (b) or
(c), the Inspector General of the Department of Defense shall only
perform the audit procedures required by generally accepted government
auditing standards consistent with any representation made by
management.
(2) With the annual budget justifications for the Department of
Defense submitted to Congress each year, the Under Secretary of Defense
(Comptroller) shall submit, with respect to the fiscal year in which
submitted, the preceding fiscal year, and the following fiscal year,
information which the Inspector General shall report to the Under
Secretary, as follows:
(A) An estimate of the resources that the Inspector General
is saving or expects to save as a result of actions taken and to
be taken under paragraph (1) with respect to the auditing of
financial statements.
(B) A discussion of how the resources saved as estimated
under subparagraph (A) have been redirected or are to be
redirected from the auditing of financial statements to the
oversight and improvement of systems underlying financial
management within the Department of Defense and to the oversight
and improvement of financial management policies, procedures,
and internal controls within the Department of Defense.
(e) Effective <<NOTE: Applicability.>> Date.--The requirements of
this section shall apply with respect to financial statements for fiscal
years after fiscal year 2001 and to the auditing of those financial
statements.
(f) Termination of Applicability.--If the Secretary of Defense
certifies to the Inspector General of the Department of Defense that the
financial statement for the Department of Defense, or a financial
statement for a component of the Department of Defense, for a fiscal
year is reliable, this section shall not apply with respect to that
financial statement or to any successive financial statement for the
Department of Defense, or for that component, as the case may be, for
any later fiscal year.
SEC. 1009. FINANCIAL MANAGEMENT MODERNIZATION EXECUTIVE COMMITTEE
AND FINANCIAL FEEDER SYSTEMS COMPLIANCE
PROCESS.
(a) Executive Committee.--(1) Chapter 7 of title 10, United States
Code, is amended by adding at the end the following new section:
[[Page 115 STAT. 1207]]
``Sec. 185. Financial Management Modernization Executive Committee
``(a) Establishment of Financial Management Modernization Executive
Committee.--(1) The Secretary of Defense shall establish a Financial
Management Modernization Executive Committee.
``(2) The Committee shall be composed of the following:
``(A) The Under Secretary of Defense (Comptroller), who
shall be the chairman of the committee.
``(B) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
``(C) The Under Secretary of Defense for Personnel and
Readiness.
``(D) The Chief Information Officer of the Department of
Defense.
``(E) Such additional personnel of the Department of Defense
(including appropriate personnel of the military departments and
Defense Agencies) as are designated by the Secretary.
``(3) The Committee shall be accountable to the Senior Executive
Council (composed of the Secretary of Defense, the Deputy Secretary of
Defense, the Under Secretary of Defense for Acquisition, Technology, and
Logistics, the Secretary of the Army, the Secretary of the Navy, and the
Secretary of the Air Force).
``(b) Duties.--In addition to other matters assigned to it by the
Secretary of Defense, the Committee shall have the following duties:
``(1) To establish a process that ensures that each critical
accounting system, financial management system, and data feeder
system of the Department of Defense is compliant with applicable
Federal financial management and reporting requirements.
``(2) To develop a management plan for the implementation of
the financial and data feeder systems compliance process
established pursuant to paragraph (1).
``(3) To supervise and monitor the actions that are
necessary to implement the management plan developed pursuant to
paragraph (2), as approved by the Secretary of Defense.
``(4) To ensure that a Department of Defense financial
management enterprise architecture is developed and maintained
in accordance with--
``(A) the overall business process transformation
strategy of the Department; and
``(B) the architecture framework of the Department
for command, control, communications, computers,
intelligence, surveillance, and reconnaissance
functions.
``(5) To ensure that investments in existing or proposed
financial management systems for the Department comply with the
overall business practice transformation strategy of the
Department and the financial management enterprise architecture
developed under paragraph (4).
``(6) To provide an annual accounting of each financial and
data feeder system investment technology project to ensure that
each such project is being implemented at acceptable cost and
within a reasonable schedule and is contributing to tangible,
observable improvements in mission performance.
[[Page 115 STAT. 1208]]
``(c) Management Plan for Implementation of Financial Data Feeder
Systems Compliance Process.--The management plan developed under
subsection (b)(2) shall include among its principal elements at least
the following elements:
``(1) <<NOTE: Records.>> A requirement for the establishment
and maintenance of a complete inventory of all budgetary,
accounting, finance, and data feeder systems that support the
transformed business processes of the Department and produce
financial statements.
``(2) A phased process (consisting of the successive phases
of Awareness, Evaluation, Renovation, Validation, and
Compliance) for improving systems referred to in paragraph (1)
that provides for mapping financial data flow from the cognizant
Department business function source (as part of the overall
business process transformation strategy of the Department) to
Department financial statements.
``(3) <<NOTE: Reports.>> Periodic submittal to the Secretary
of Defense, the Deputy Secretary of Defense, and the Senior
Executive Council (or any combination thereof) of reports on the
progress being made in achieving financial management
transformation goals and milestones included in the annual
financial management improvement plan in 2002.
``(4) Documentation of the completion of each phase
specified in paragraph (2) of improvements made to each
accounting, finance, and data feeder system of the Department.
``(5) Independent audit by the Inspector General of the
Department, the audit agencies of the military departments, and
private sector firms contracted to conduct validation audits (or
any combination thereof) at the validation phase for each
accounting, finance, and data feeder system.
``(d) Data Feeder Systems.--In this section, the term `data feeder
system' has the meaning given that term in section 2222(c)(2) of this
title.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``185. Financial Management Modernization Executive Committee.''.
(b) Annual Financial Management Improvement Plan.--(1) Subsection
(a) of section 2222 of title 10, United States Code, is amended--
(A) by striking ``Biennial'' in the subsection heading and
inserting ``Annual'';
(B) by striking ``a biennial'' in the first sentence and
inserting ``an annual''; and
(C) by striking ``even-numbered'' in the second sentence.
(2) Subsection (c) of such section is amended--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) In each such plan, the Secretary shall include the following:
``(A) A description of the actions to be taken in the fiscal
year beginning in the year in which the plan is submitted to
implement the annual performance goals, and the performance
milestones, included in the financial management improvement
plan submitted in 2002 pursuant to paragraphs (1) and (2),
respectively, of section 1009(c) of the National Defense
Authorization Act for Fiscal Year 2002.
[[Page 115 STAT. 1209]]
``(B) An estimate of the amount expended in the fiscal year
ending in the year in which the plan is submitted to implement
the financial management improvement plan in such preceding
calendar year, set forth by system.
``(C) If an element of the financial management improvement
plan submitted in the fiscal year ending in the year in which
the plan is submitted was not implemented, a justification for
the lack of implementation of such element.''.
(3)(A) The heading of such section is amended to read as follows:
``Sec. 2222. Annual financial management improvement plan''.
(B) The item relating to section 2222 in the table of sections at
the beginning of chapter 131 of such title is amended to read as
follows:
``2222. Annual financial management improvement plan.''.
(c) Additional <<NOTE: 10 USC 2222 note.>> Elements for Financial
Management Improvement Plan in 2002.--In the annual financial management
improvement plan submitted under section 2222 of title 10, United States
Code, in 2002, the Secretary of Defense shall include the following:
(1) Measurable annual performance goals for improvement of
the financial management of the Department of Defense.
(2) Performance milestones for initiatives under that plan
for transforming the financial management operations of the
Department of Defense and for implementing a financial
management architecture for the Department.
(3) An assessment of the anticipated annual cost of any
plans for transforming the financial management operations of
the Department of Defense and for implementing a financial
management architecture for the Department.
(4) A discussion of the following:
(A) The roles and responsibilities of appropriate
Department officials to ensure the supervision and
monitoring of the compliance of each accounting,
finance, and data feeder system of the Department with--
(i) the business practice transformation
strategy of the Department;
(ii) the financial management architecture of
the Department; and
(iii) applicable Federal financial management
systems and reporting requirements.
(B) A summary of the actions taken by the Financial
Management Modernization Executive Committee to ensure
that such systems comply with--
(i) the business practice transformation
strategy of the Department;
(ii) the financial management architecture of
the Department; and
(iii) applicable Federal financial management
systems and reporting requirements.
(d) Effective <<NOTE: 10 USC 2222 note.>> Date.--Paragraph (2) of
section 2222(c) of title 10, United States Code, as added by subsection
(b)(2), shall not apply with respect to the annual financial management
improvement plan submitted under section 2222 of title 10, United States
Code, in 2002.
[[Page 115 STAT. 1210]]
SEC. 1010. AUTHORIZATION OF FUNDS FOR BALLISTIC MISSILE DEFENSE
PROGRAMS OR COMBATING TERRORISM PROGRAMS
OF THE DEPARTMENT OF DEFENSE.
(a) Authorization.--There is hereby authorized to be appropriated
for fiscal year 2002 for the military functions of the Department of
Defense, in addition to amounts authorized to be appropriated in titles
I, II, and III, the amount of $1,300,000,000, to be available, in
accordance with subsection (b), for the following purposes:
(1) Research, development, test, and evaluation for
ballistic missile defense programs of the Ballistic Missile
Defense Organization.
(2) Activities of the Department of Defense for combating
terrorism.
(b) Allocation by President.--(1) The amount authorized to be
appropriated by subsection (a) shall be allocated between the purposes
stated in paragraphs (1) and (2) of that subsection in such manner as
may be determined by the President based upon the national security
interests of the United States. The amount authorized in subsection (a)
shall not be available for any other purpose.
(2) Upon an allocation of such amount by the President, the amount
so allocated shall be transferred to the appropriate regular
authorization account under this division in the same manner as provided
in section 1001. Transfers under this paragraph shall not be counted for
the purposes of section 1001(a)(2).
(3) <<NOTE: Deadline. Reports.>> Not later than 15 days after an
allocation is made under this subsection, the Secretary of Defense shall
submit to the congressional defense committees a report describing the
allocation and the Secretary's plan for the use by the Department of
Defense of the funds made available pursuant to such allocation.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Transfers by Grant.--The President is authorized to transfer
vessels to foreign countries on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) as follows:
(1) Poland.--To the Government of Poland, the OLIVER HAZARD
PERRY class guided missile frigate WADSWORTH (FFG 9).
(2) Turkey.--To the Government of Turkey, the KNOX class
frigates CAPODANNO (FF 1093), THOMAS C. HART (FF 1092), DONALD
B. BEARY (FF 1085), McCANDLESS (FF 1084), REASONER (FF 1063),
and BOWEN (FF 1079).
(b) Transfers by Sale.--The President is authorized to transfer
vessels to foreign governments and foreign governmental entities on a
sale basis under section 21 of the Arms Export Control Act (22 U.S.C.
2761) as follows:
(1) Taiwan.--To the Taipei Economic and Cultural
Representative Office in the United States (which is the Taiwan
instrumentality designated pursuant to section 10(a) of the
Taiwan Relations Act), the KIDD class guided missile
[[Page 115 STAT. 1211]]
destroyers KIDD (DDG 993), CALLAGHAN (DDG 994), SCOTT (DDG 995),
and CHANDLER (DDG 996).
(2) Turkey.--To the Government of Turkey, the OLIVER HAZARD
PERRY class guided missile frigates ESTOCIN (FFG 15) and SAMUEL
ELIOT MORISON (FFG 13).
(c) Grants Not Counted in Annual Total of Transferred Excess Defense
Articles.--The value of a vessel transferred to another country on a
grant basis under section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j) pursuant to authority provided by subsection (a) shall not
be counted for the purposes of subsection (g) of that section in the
aggregate value of excess defense articles transferred to countries
under that section in any fiscal year.
(d) Costs of Transfers on Grant Basis.--Any expense incurred by the
United States in connection with a transfer authorized by this section
shall be charged to the recipient (notwithstanding section 516(e)(1) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(1))) in the case
of a transfer authorized to be made on a grant basis under subsection
(a).
(e) Waiver Authority.--For a vessel transferred on a grant basis
pursuant to authority provided by subsection (a)(2), the President may
waive reimbursement of charges for the lease of that vessel under
section 61(a) of the Arms Export Control Act (22 U.S.C. 2796(a)) for a
period of one year before the date of the transfer of that vessel.
(f) Repair <<NOTE: President.>> and Refurbishment in United States
Shipyards.--To the maximum extent practicable, the President shall
require, as a condition of the transfer of a vessel under this section,
that the country to which the vessel is transferred have such repair or
refurbishment of the vessel as is needed, before the vessel joins the
naval forces of that country, performed at a shipyard located in the
United States, including a United States Navy shipyard.
(g) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
SEC. 1012. SALE OF GLOMAR EXPLORER TO THE LESSEE.
(a) Authority.--The Secretary of the Navy may convey by sale all
right, title, and interest of the United States in and to the vessel
GLOMAR EXPLORER (AG 193) to the person who, on the date of the enactment
of this Act, is the lessee of the vessel.
(b) Consideration.--The price for which the vessel is sold under
subsection (a) shall be a fair and reasonable amount determined by the
Secretary of the Navy.
(c) Additional Terms.--The Secretary may require such additional
terms in connection with the conveyance authorized by this section as
the Secretary considers appropriate.
(d) Proceeds of Sale.--Amounts received by the Secretary from the
sale under this section may, to the extent provided in an appropriations
Act, be credited to the appropriation available for providing salvage
facilities under section 7361 of title 10, United States Code, and are
authorized to remain available until expended for that purpose.
[[Page 115 STAT. 1212]]
SEC. 1013. LEASING OF NAVY SHIPS FOR UNIVERSITY NATIONAL
OCEANOGRAPHIC LABORATORY SYSTEM.
Subsection (g) of section 2667 of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) Paragraph (1) does not apply to a renewal or extension of a
lease by the Secretary of the Navy with a selected institution for
operation of a ship within the University National Oceanographic
Laboratory System if, under the lease, each of the following applies:
``(A) Use of the ship is restricted to federally supported
research programs and to non-Federal uses under specific
conditions with approval by the Secretary of the Navy.
``(B) Because of the anticipated value to the Navy of the
oceanographic research and training that will result from the
ship's operation, no monetary lease payments are required from
the lessee under the initial lease or under any renewal or
extension.
``(C) The lessee is required to maintain the ship in a good
state of repair, readiness, and efficient operating condition,
conform to all applicable regulatory requirements, and assume
full responsibility for the safety of the ship, its crew, and
scientific personnel aboard.''.
SEC. 1014. 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 <<NOTE: 10 USC 7622 note.>> Date.--The amendments made
by this section shall apply with respect to any claim accruing on or
after February 1, 2001.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION AND RESTATEMENT OF AUTHORITY TO PROVIDE
DEPARTMENT OF DEFENSE SUPPORT FOR
COUNTER-DRUG ACTIVITIES OF OTHER
GOVERNMENTAL AGENCIES.
Section 1004 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 10 U.S.C. 374 note) is amended to read as
follows:
``SEC. 1004. ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES.
``(a) Support to Other Agencies.--During fiscal years 2002 through
2006, the Secretary of Defense may provide support for the counter-drug
activities of any other department or agency of the Federal Government
or of any State, local, or foreign law
[[Page 115 STAT. 1213]]
enforcement agency for any of the purposes set forth in subsection (b)
if such support is requested--
``(1) by the official who has responsibility for the
counter-drug activities of the department or agency of the
Federal Government, in the case of support for other departments
or agencies of the Federal Government;
``(2) by the appropriate official of a State or local
government, in the case of support for State or local law
enforcement agencies; or
``(3) by an appropriate official of a department or agency
of the Federal Government that has counter-drug
responsibilities, in the case of support for foreign law
enforcement agencies.
``(b) Types of Support.--The purposes for which the Secretary of
Defense may provide support under subsection (a) are the following:
``(1) The maintenance and repair of equipment that has been
made available to any department or agency of the Federal
Government or to any State or local government by the Department
of Defense for the purposes of--
``(A) preserving the potential future utility of
such equipment for the Department of Defense; and
``(B) upgrading such equipment to ensure
compatibility of that equipment with other equipment
used by the Department of Defense.
``(2) The maintenance, repair, or upgrading of equipment
(including computer software), other than equipment referred to
in paragraph (1) for the purpose of--
``(A) ensuring that the equipment being maintained
or repaired is compatible with equipment used by the
Department of Defense; and
``(B) upgrading such equipment to ensure the
compatibility of that equipment with equipment used by
the Department of Defense.
``(3) The transportation of personnel of the United States
and foreign countries (including per diem expenses associated
with such transportation), and the transportation of supplies
and equipment, for the purpose of facilitating counter-drug
activities within or outside the United States.
``(4) The establishment (including an unspecified minor
military construction project) and operation of bases of
operations or training facilities for the purpose of
facilitating counter-drug activities of the Department of
Defense or any Federal, State, or local law enforcement agency
within or outside the United States or counter-drug activities
of a foreign law enforcement agency outside the United States.
``(5) Counter-drug related training of law enforcement
personnel of the Federal Government, of State and local
governments, and of foreign countries, including associated
support expenses for trainees and the provision of materials
necessary to carry out such training.
``(6) The detection, monitoring, and communication of the
movement of--
``(A) air and sea traffic within 25 miles of and
outside the geographic boundaries of the United States;
and
``(B) surface traffic outside the geographic
boundary of the United States and within the United
States not
[[Page 115 STAT. 1214]]
to exceed 25 miles of the boundary if the initial
detection occurred outside of the boundary.
``(7) Construction of roads and fences and installation of
lighting to block drug smuggling corridors across international
boundaries of the United States.
``(8) Establishment of command, control, communications, and
computer networks for improved integration of law enforcement,
active military, and National Guard activities.
``(9) The provision of linguist and intelligence analysis
services.
``(10) Aerial and ground reconnaissance.
``(c) Limitation on Counter-Drug Requirements.--The Secretary of
Defense may not limit the requirements for which support may be provided
under subsection (a) only to critical, emergent, or unanticipated
requirements.
``(d) Contract Authority.--In carrying out subsection (a), the
Secretary of Defense may acquire services or equipment by contract for
support provided under that subsection if the Department of Defense
would normally acquire such services or equipment by contract for the
purpose of conducting a similar activity for the Department of Defense.
``(e) Limited Waiver of Prohibition.--Notwithstanding section 376 of
title 10, United States Code, the Secretary of Defense may provide
support pursuant to subsection (a) in any case in which the Secretary
determines that the provision of such support would adversely affect the
military preparedness of the United States in the short term if the
Secretary determines that the importance of providing such support
outweighs such short-term adverse effect.
``(f) Conduct of Training or Operation To Aid Civilian Agencies.--In
providing support pursuant to subsection (a), the Secretary of Defense
may plan and execute otherwise valid military training or operations
(including training exercises undertaken pursuant to section 1206(a) of
the National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1564)) for the purpose of aiding civilian
law enforcement agencies.
``(g) Relationship to Other Laws.--(1) The authority provided in
this section for the support of counter-drug activities by the
Department of Defense is in addition to, and except as provided in
paragraph (2), not subject to the requirements of chapter 18 of title
10, United States Code.
``(2) Support under this section shall be subject to the provisions
of section 375 and, except as provided in subsection (e), section 376 of
title 10, United States Code.
``(h) Congressional Notification of Facilities Projects.--(1) When a
decision is made to carry out a military construction project described
in paragraph (2), the Secretary of Defense shall submit to the
congressional defense committees written notice of the decision,
including the justification for the project and the estimated cost of
the project. The project may be commenced only after the end of the 21-
day period beginning on the date on which the written notice is received
by Congress.
``(2) Paragraph (1) applies to an unspecified minor military
construction project that--
``(A) is intended for the modification or repair of a
Department of Defense facility for the purpose set forth in
subsection (b)(4); and
[[Page 115 STAT. 1215]]
``(B) has an estimated cost of more than $500,000.''.
SEC. 1022. 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 into law 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. 1023. 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. 1024. LIMITATION ON USE OF FUNDS FOR OPERATION OF TETHERED
AEROSTAT RADAR SYSTEM PENDING SUBMISSION
OF REQUIRED REPORT.
Not more than 50 percent of the funds appropriated or otherwise made
available for fiscal year 2002 for operation of the Tethered Aerostat
Radar System, which is used by the Armed Forces in maritime, air, and
land counter-drug detection and monitoring, may be obligated or expended
until such time as the Secretary of Defense submits to Congress the
report on the status of the Tethered Aerostat Radar System required by
section 1025 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-256).
Subtitle D--Strategic Forces
SEC. 1031. REPEAL OF LIMITATION ON RETIREMENT OR DISMANTLEMENT OF
STRATEGIC NUCLEAR DELIVERY SYSTEMS.
Section 1302 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1948) is repealed.
SEC. 1032. AIR FORCE BOMBER FORCE STRUCTURE.
(a) Limitation.--None <<NOTE: Reports.>> of the funds available to
the Department of Defense for fiscal year 2002 may be obligated or
expended for retiring or dismantling any of the 93 B-1B Lancer bombers
in service as of June 1, 2001, or for transferring or reassigning any of
those aircraft from the unit or facility to which assigned as of that
date, until 15 days after the Secretary of the Air Force submits to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the Air Force
bomber force structure.
[[Page 115 STAT. 12167]]
(b) Matters To Be Included.--The report under subsection (a) shall
set forth the following:
(1) The Air Force plan for the modernization of the B-1B
aircraft fleet, including a transition plan for implementation
of that modernization plan and a description of the basing
options for the aircraft in that fleet.
(2) The amount and type of bomber force structure in the Air
Force appropriate to meet the requirements of the national
security strategy of the United States.
(3) Specifications of new missions to be assigned to the
National Guard units that currently fly B-1 aircraft and the
transition of those units and their facilities from the current
B-1 mission to their future missions.
(4) A description of the potential effect of the proposed
consolidation and reduction of the B-1 fleet on other National
Guard units in the affected States.
(5) A justification of the cost and projected savings of
consolidating and reducing the B-1 fleet.
(c) Amount and Type of Bomber Force Structure Defined.--In this
section, the term ``amount and type of bomber force structure'' means
the number of B-2 aircraft, B-52 aircraft, and B-1 aircraft that are
required to carry out the current national security strategy.
SEC. 1033. ADDITIONAL ELEMENT FOR REVISED NUCLEAR POSTURE REVIEW.
Section 1041(b) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-262) <<NOTE: 10 USC 118 note.>> is amended
by adding at the end the following new paragraph:
``(7) The possibility of deactivating or dealerting nuclear
warheads or delivery systems immediately, or immediately after a
decision to retire any specific warhead, class of warheads, or
delivery system.''.
SEC. 1034. REPORT ON OPTIONS FOR MODERNIZATION AND ENHANCEMENT OF
MISSILE WING HELICOPTER SUPPORT.
(a) Report Required.--The Secretary of Defense shall prepare a
report regarding the options for providing the helicopter support
missions for the Air Force intercontinental ballistic missile wings at
Minot Air Force Base, North Dakota, Malmstrom Air Force Base, Montana,
and F.E. Warren Air Force Base, Wyoming, for as long as these missions
are required. The report shall include the Secretary's recommendations
on a preferred option.
(b) Options.--Options to be reviewed under subsection (a) include
the following:
(1) The current plan of the Air Force for replacement or
modernization of UH-1N helicopters currently flown by the Air
Force at the missile wings.
(2) Replacement of the UH-1N helicopters currently flown by
the Air Force with UH-60 Black Hawk helicopters, the UH-1Y
helicopter, or another platform.
(3) Replacement of the UH-1N helicopters with UH-60
helicopters and transition of the mission to the Army National
Guard, as detailed in the Air Force Space Command/Army National
Guard plan entitled ``ARNG Helicopter Support to Air Force Space
Command'' and dated November 2000.
[[Page 115 STAT. 1217]]
(4) Replacement of the UH-1N helicopters with UH-60
helicopters or another platform, and establishment of composite
units combining active duty Air Force and Army National Guard
personnel.
(5) Such other options as the Secretary of Defense considers
appropriate.
(c) Factors.--Factors to be considered in preparing the report under
subsection (a) include the following:
(1) Any implications of transferring the helicopter support
missions on the command and control of, and responsibility for,
missile field force protection.
(2) Current and future operational requirements, and the
capabilities of the UH-1N or UH-60 helicopter or other aircraft
to meet such requirements.
(3) Cost, with particular attention to opportunities to
realize efficiencies over the long run.
(4) Implications for personnel training and retention.
(5) Evaluation of the assumptions used in the plan specified
in subsection (b)(3).
(d) Consideration.--In preparing the report under subsection (a),
the Secretary of Defense shall consider carefully the views of the
Secretary of the Army, the Secretary of the Air Force, the commander of
the United States Strategic Command, and the Chief of the National Guard
Bureau.
(e) Submission <<NOTE: Deadline.>> of Report.--The report required
by subsection (a) shall be submitted to the congressional defense
committees not later than the date on which the President submits to
Congress the budget under section 1105 of title 31, United States Code,
for fiscal year 2003.
Subtitle E--Other Department of Defense Provisions
SEC. 1041. SECRETARY OF DEFENSE RECOMMENDATION ON NEED FOR
DEPARTMENT OF DEFENSE REVIEW OF PROPOSED
FEDERAL AGENCY ACTIONS TO CONSIDER
POSSIBLE IMPACT ON NATIONAL DEFENSE.
(a) Recommendation on Need for Defense Impact Review Process.--The
Secretary of Defense shall submit to the President the Secretary's
recommendation as to whether there should be established within the
executive branch a defense impact review process. The Secretary shall
submit a copy of such recommendation to Congress.
(b) Defense Impact Review Process.--(1) For purposes of this
section, the term ``defense impact review process'' means a formal
process within the executive branch--
(A) to provide for review by the Department of Defense of
certain proposed actions of other Federal departments and
agencies to identify any reasonably foreseeable significant
adverse impact of such a proposed action on national defense;
and
(B) when such a review indicates that a proposed agency
action may have such an adverse impact--
(i) to afford the Secretary of Defense a timely
opportunity to make recommendations for means to
eliminate or mitigate any such adverse impact; and
[[Page 115 STAT. 1218]]
(ii) to afford an opportunity for those
recommendations to be given reasonable and timely
consideration by the agency to which provided.
(2) For purposes of such a review process, the proposed agency
actions subject to review would be those for which a significant adverse
impact on national defense is reasonably foreseeable and that meet such
additional criteria as may be specified by the Secretary of Defense.
(c) Time <<NOTE: Deadline.>> for Submission of Recommendation.--The
Secretary shall submit the Secretary's recommendation under subsection
(a) not later than 180 days after the date of the enactment of this Act.
SEC. 1042. DEPARTMENT OF DEFENSE REPORTS TO CONGRESS TO
BE ACCOMPANIED BY ELECTRONIC VERSION
UPON REQUEST.
(a) In General.--Chapter 23 of title 10, United States Code, is
amended by inserting after the table of sections the following new
section:
``Sec. 480. Reports to Congress: submission in electronic form
``(a) Requirement.--Whenever the Secretary of Defense or any other
official of the Department of Defense submits to Congress (or any
committee of either House of Congress) a report that the Secretary (or
other official) is required by law to submit, the Secretary (or other
official) shall, upon request by any committee of Congress to which the
report is submitted or referred, 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. Reports to Congress: submission in electronic form.''.
SEC. 1043. DEPARTMENT OF DEFENSE GIFT AUTHORITIES.
(a) Authority To Make Loans and Gifts.--(1) Subsection (a) of
section 7545 of title 10, United States Code, is amended by striking
``(a) Subject to'' and all that follows through ``to--'' and inserting
the following:
``(a) Authority To Make Loans and Gifts.--The Secretary of the Navy
may lend or give, without expense to the United States, items described
in subsection (b) that are not needed by the Department of the Navy to
any of the following:''.
(2) Such subsection is further amended--
(A) by capitalizing the first letter after the paragraph
designation in each of paragraphs (1) through (12);
(B) by striking the semicolon at the end of paragraphs (1)
through (10) and inserting a period;
(C) by striking ``; or'' at the end of paragraph (11) and
inserting a period;
(D) in paragraph (5), by striking ``World War I or World War
II'' and inserting ``a foreign war'';
(E) in paragraph (6), by striking ``soldiers' monument'' and
inserting ``servicemen's monument''; and
[[Page 115 STAT. 1219]]
(F) in paragraph (8), by inserting ``or memorial'' after
``museum''.
(b) Additional Items Authorized To Be Donated by Secretary of the
Navy.--Such section is further amended--
(1) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(2) 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 and to regulations
under section 205 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 486).''; and
(3) 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.''.
(c) Clerical Amendments.--Such section is further amended--
(1) in subsection (d) (as redesignated by subsection
(b)(1)), by inserting ``Maintenance of the Records of the
Government.--'' after the subsection designation; and
(2) in subsection (e) (as redesignated by subsection
(b)(1)), by inserting ``Alternative Authorities To Make Gifts or
Loans.--'' after the subsection designation.
(d) Conforming Amendments.--Section 2572(a) of such title is
amended--
(1) in paragraph (1), by inserting ``, county, or other
political subdivision of a State'' before the period at the end;
(2) in paragraph (2), by striking ``soldiers' monument'' and
inserting ``servicemen's monument''; and
(3) in paragraph (4), by inserting ``or memorial'' after
``An incorporated museum''.
SEC. 1044. ACCELERATION OF RESEARCH, DEVELOPMENT, AND PRODUCTION
OF MEDICAL COUNTERMEASURES FOR DEFENSE
AGAINST BIOLOGICAL WARFARE AGENTS.
(a) Aggressive <<NOTE: 10 USC 2370a note.>> Program Required.--(1)
The Secretary of Defense shall carry out a program to aggressively
accelerate the research, development, testing, and licensure of new
medical countermeasures for defense against the biological warfare
agents that are the highest threat.
(2) The program shall include the following activities:
(A) <<NOTE: Anthrax.>> As the program's first priority,
investment in multiple new technologies for medical
countermeasures for defense against the biological warfare
agents that are the highest threat, including for the prevention
and treatment of anthrax.
[[Page 115 STAT. 1220]]
(B) Leveraging of ideas and technologies from the biological
technology industry.
(b) Study <<NOTE: Contracts.>> Required.--(1) The Secretary of
Defense shall enter into a contract with the Institute of Medicine and
the National Research Council under which the Institute and Council, in
consultation with the Secretary, shall carry out a study of the review
and approval process for new medical countermeasures for biological
warfare agents. The purpose of the study shall be to identify--
(A) new approaches to accelerating such process; and
(B) definitive and reasonable methods for assuring the
agencies responsible for regulating such countermeasures that
such countermeasures will be effective in preventing disease in
humans or in providing safe and effective therapy against such
agents.
(2) <<NOTE: Deadline.>> Not later than June 1, 2002, the Institute
and Council shall jointly submit to Congress a report on the results of
the study.
(c) Facility for Production of Vaccines.--(1) Subject to paragraph
(2) and to the availability of funds for such purposes appropriated
pursuant to an authorization of appropriations, the Secretary of Defense
may--
(A) design and construct a facility on a Department of
Defense installation for the production of vaccines to meet the
requirements of the Department of Defense to prevent or mitigate
the physiological effects of exposure to biological warfare
agents;
(B) operate that facility;
(C) qualify and validate that facility for the production of
vaccines in accordance with the requirements of the Food and
Drug Administration; and
(D) contract with a private-sector source for the production
of vaccines in that facility.
(2) The authority under paragraph (1)(A) to construct a facility may
be exercised only to the extent that a project for such construction is
authorized by law in accordance with section 2802 of title 10, United
States Code.
(3) The Secretary shall use competitive procedures under chapter 137
of title 10, United States Code, to enter into contracts to carry out
subparagraphs (A), (B), and (D) of paragraph (1).
(d) Plan Required.--(1) The Secretary shall develop a long-range
plan to provide for the production and acquisition of vaccines to meet
the requirements of the Department of Defense to prevent or mitigate the
physiological effects of exposure to biological warfare agents.
(2) The plan shall include the following:
(A) An evaluation of the need for one or more vaccine
production facilities that are specifically dedicated to meeting
the requirements of the Department of Defense and other national
interests.
(B) An evaluation of the options for the means of production
of such vaccines, including--
(i) use of public facilities, private facilities, or
a combination of public and private facilities; and
(ii) management and operation of the facilities by
the Federal Government, one or more private persons, or
a combination of the Federal Government and one or more
private persons.
[[Page 115 STAT. 1221]]
(C) A specification of the means that the Secretary
determines is most appropriate for the production of such
vaccines.
(3) The Secretary shall ensure that the plan is consistent with the
requirement for safe and effective vaccines approved by the Food and
Drug Administration.
(4) In preparing the plan, the Secretary shall--
(A) consider and, as the Secretary determines appropriate,
include the information compiled and the analyses developed in
preparing the reports required by sections 217 and 218 of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-36, 1654A-37); and
(B) consult with the heads of other appropriate departments
and agencies of the Federal Government.
(e) Report.--Not <<NOTE: Deadline.>> later than February 1, 2002,
the Secretary shall submit to the congressional defense committees a
report on the plan required by subsection (d). The report shall include,
at a minimum, the contents of the plan and the following matters:
(1) A description of the policies and requirements of the
Department of Defense regarding acquisition and use of such
vaccines.
(2) The estimated schedule for the acquisition of such
vaccines in accordance with the plan.
(3) A discussion of the options considered under subsection
(d)(2)(B) for the means of production of such vaccines.
(4) The Secretary's recommendations for the most appropriate
course of action to meet the requirements specified in
subsection (d)(1), together with the justification for such
recommendations and the long-term cost of implementing such
recommendations.
(f) Funding.--Of the amount authorized to be appropriated under
section 201(4) for research, development, test, and evaluation, Defense-
wide, $5,000,000 may be available in Program Element 62384BP, and
$5,000,000 may be available in Program Element 63384BP, for the program
required by subsection (a).
SEC. 1045. CHEMICAL AND BIOLOGICAL PROTECTIVE EQUIPMENT FOR
MILITARY PERSONNEL AND CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
Not <<NOTE: Deadline.>> later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to Congress
a report on the requirements of the Department of Defense, including the
reserve components, regarding chemical and biological protective
equipment. The report shall set forth the following:
(1) A description of any current shortfalls with respect to
requirements regarding chemical and biological protective
equipment for military personnel, whether for individuals or
units.
(2) An assessment of what should be the appropriate level of
protection for civilian employees of the Department of Defense
against chemical and biological attack.
(3) A plan for providing required chemical and biological
protective equipment for military personnel and civilian
employees of the Department of Defense.
(4) An assessment of the costs associated with carrying out
the plan described in paragraph (3).
[[Page 115 STAT. 1222]]
SEC. 1046. SALE OF GOODS AND SERVICES BY NAVAL MAGAZINE, INDIAN
ISLAND, ALASKA.
(a) Sale Authorized.--Subject to subsections (c) and (d) of section
2563 of title 10, United States Code, the Secretary of the Navy may sell
to a person outside the Department of Defense any article or service
provided by the Naval Magazine, Indian Island, Alaska, that is not
available from a United States commercial source.
(b) Crediting of Proceeds.--The proceeds from the sale of any
article or service under this section shall be credited to the
appropriation supporting the maintenance and operation of the Naval
Magazine, Indian Island, for the fiscal year in which the proceeds are
received.
SEC. 1047. REPORT ON PROCEDURES AND GUIDELINES FOR EMBARKATION OF
CIVILIAN GUESTS ON NAVAL VESSELS FOR
PUBLIC AFFAIRS PURPOSES.
Not later than February 1, 2002, the Secretary of the Navy shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report
setting forth in detail the procedures and guidelines of the Navy for
the embarkation of civilian guests on naval vessels for public affairs
purposes. The report shall include the following:
(1) Procedures for nominating and approving civilian guests
for embarkation on naval vessels.
(2) Procedures for ensuring that civilian guest embarkations
are conducted only as part of regularly scheduled operations.
(3) Guidelines regarding the operation of equipment by
civilian guests on naval vessels.
(4) Any other procedures or guidelines the Secretary
considers necessary or appropriate to ensure that operational
readiness and safety are not hindered by activities related to
the embarkation of civilian guests on naval vessels.
SEC. 1048. 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) <<NOTE: 10 USC 503 note.>> 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 into law by
Public Law 106-398; 114 Stat. 1654A-131).
[[Page 115 STAT. 1223]]
(6) Section 663(e) is amended--
(A) by striking ``Armed Forces Staff College'' in
paragraph (1) and inserting ``Joint Forces Staff
College''; and
(B) by striking ``Armed Forces Staff College'' and
inserting ``Joint Forces Staff College''.
(7) Section 667(17) is amended by striking ``Armed Forces
Staff College'' both places it appears and inserting ``Joint
Forces Staff College''.
(8) Section 874(a) is amended by inserting after ``a
sentence of confinement for life without eligibility for
parole'' the following: ``that is adjudged for an offense
committed after October 29, 2000''.
(9) Section 1056(c)(2) is amended by striking ``, not later
than September 30, 1991,''.
(10) The table of sections at the beginning of chapter 55 is
amended by transferring the item relating to section 1074i, as
inserted by section 758(b) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted by
Public Law 106-398; 114 Stat. 1654A-200), so as to appear after
the item relating to section 1074h.
(11) Section 1097a(e) is amended by striking ``section
1072'' and inserting ``section 1072(2)''.
(12) Sections 1111(a) and 1114(a)(1) are each amended by
striking ``hereafter'' and inserting ``hereinafter''.
(13) Section 1116 is amended--
(A) in subsection (a)(2)(B), by inserting an open
parenthesis before ``other than for training''; and
(B) in subsection (b)(2)(D), by striking ``section
111(c)(4)'' and inserting ``section 1115(c)(4)''.
(14) The heading for subchapter II of chapter 75 is
transferred within that chapter so as to appear before the table
of sections at the beginning of that subchapter (as if the
amendment made by section 721(c)(1) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 694) had inserted that heading following section 1471
instead of before section 1475).
(15) Section 1611(d) is amended by striking ``with''.
(16) Section 2166(e)(9) is amended by striking ``App. 2''
and inserting ``App.''.
(17) Section 2323(a)(1)(C) is amended--
(A) by striking ``section 1046(3)'' and inserting
``section 365(3)'';
(B) by striking ``20 U.S.C. 1135d-5(3)'' and
inserting ``20 U.S.C. 1067k''; and
(C) by striking ``, which, for the purposes of this
section'' and all that follows through the period at the
end and inserting a period.
(18) Section 2375(b) is amended by inserting ``(41 U.S.C.
430)'' after ``section 34 of the Office of Federal Procurement
Policy Act''.
(19) Section 2376(1) is amended by inserting ``(41 U.S.C.
403)'' after ``section 4 of the Office of Federal Procurement
Policy Act''.
(20) Section 2410f(a) is amended by inserting after
``inscription'' the following: ``, or another inscription with
the same meaning,''.
[[Page 115 STAT. 1224]]
(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 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.
(26)(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
[[Page 115 STAT. 1225]]
(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.''.
(27) Section 3014(f)(3) is amended by striking ``the number
equal to'' and all that follows and inserting ``67.''.
(28) Section 5014(f)(3) is amended by striking ``the number
equal to'' and all that follows and inserting ``74.''.
(29) Section 8014(f)(3) is amended by striking ``the number
equal to'' and all that follows and inserting ``60.''.
(30) Section 9783(e)(1) is amended by striking
``40101(a)(2)'' and inserting ``40102(a)(2)''.
(31) 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(g) (as
redesignated by section 263), 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(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''.
[[Page 115 STAT. 1226]]
(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--
[[Page 115 STAT. 1227]]
(A) in each of subsections (b) and (c)(1), by
striking ``the date of the enactment of this section.''
and inserting ``November 18, 1997.''; and
(B) in each of subsections (c)(2) and (d), by
striking ``the date of the enactment of this section''
and inserting ``November 18, 1997,''.
(16) Section 12733(3) is amended--
(A) in subparagraph (B), by striking ``the date of
the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001;'' and inserting
``October 30, 2000;''; and
(B) in subparagraph (C), by striking ``the date of
the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001'' and inserting
``October 30, 2000,''.
(d) Amendments Relating to Change in Title of McKinney-Vento
Homeless Assistance Act.--The following provisions are each amended by
striking ``Stewart B. McKinney Homeless Assistance Act'' and inserting
``McKinney-Vento Homeless Assistance Act'':
(1) Sections 2814(j)(2), 2854a(d)(2), and 2878(d)(4) of
title 10, United States Code.
(2) Sections 2905(b)(6)(A) and 2910(11) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note).
(3) Section 204(b)(6)(A) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-
526; 10 U.S.C. 2687 note).
(4) Section 2915(c)(10) of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 2687 note).
(5) Section 2(e)(4)(A) of the Base Closure Community
Redevelopment and Homeless Assistance Act of 1994 (Public Law
103-421; 10 U.S.C. 2687 note).
(6) Section 1053(a) of the National Defense Authorization
Act for Fiscal Year 1997 (110 Stat. 2650).
(e) Amendments To Repeal Obsolete Provisions.--Title 10, United
States Code, is further amended as follows:
(1) Section 1144 is amended--
(A) in subsection (a)(3), by striking the second
sentence; and
(B) by striking subsection (e).
(2) Section 1581(b) is amended--
(A) by striking ``(1)'' and all that follows through
``The Secretary of Defense shall deposit'' and inserting
``The Secretary of Defense shall deposit''; and
(B) by striking ``on or after December 5, 1991,''.
(3) Subsection (e) of section 1722 is repealed.
(4) Subsection 1732(a) is amended by striking the second
sentence.
(5) Section 1734 is amended--
(A) in subsection (b)(1)(B), by striking ``on and
after October 1, 1991,''; and
(B) in subsection (e)(2), by striking the last
sentence.
(6)(A) Section 1736 is repealed.
(B) The table of sections at the beginning of subchapter III
of chapter 87 is amended by striking the item relating to
section 1736.
(7)(A) Sections 1762 and 1764 are repealed.
[[Page 115 STAT. 1228]]
(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) <<NOTE: 5 USC 8464 note.>> is amended as follows:
(1) Section 525(b)(1) (114 Stat. 1654A-109) <<NOTE: 10 USC
10218 note.>> is amended by striking ``subsection (c)'' and
inserting ``subsections (a) and (b)''.
(2) Section 1152(c)(2) (114 Stat. 1654A-323) <<NOTE: 5 USC
8464.>> 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) <<NOTE: 10 USC 819 note.>> is
amended as follows:
(1) <<NOTE: 10 USC 6954.>> 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) <<NOTE: 10 USC 819.>> 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) <<NOTE: 10 USC 113 note.>> 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)''.
[[Page 115 STAT. 1229]]
(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 closing 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).
[[Page 115 STAT. 1230]]
(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).
(j) Coordination <<NOTE: 10 USC 101 note.>> With Other Amendments.--
For purposes of applying amendments made by provisions of this Act other
than provisions of this section, this section shall be treated as having
been enacted immediately before the other provisions of this Act.
SEC. 1049. TERMINATION OF REFERENDUM REQUIREMENT REGARDING
CONTINUATION OF MILITARY TRAINING ON
ISLAND OF VIEQUES, PUERTO RICO, AND
IMPOSITION OF ADDITIONAL CONDITIONS ON
CLOSURE OF TRAINING RANGE.
(a) In General.--Title XV 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-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) Conditional Authority To Close.--The Secretary of the Navy may
close the Vieques Naval Training Range on the island of Vieques, Puerto
Rico, and discontinue training at that range only if the Secretary
certifies to the President and Congress that both of the following
conditions are satisfied:
``(1) One or more alternative training facilities exist
that, individually or collectively, provide an equivalent or
superior level of training for units of the Navy and the Marine
Corps stationed or deployed in the eastern United States.
``(2) The alternative facility or facilities are available
and fully capable of supporting such Navy and Marine Corps
training immediately upon cessation of training on Vieques.
``(b) Consultation Required.--In determining whether the conditions
specified in paragraphs (1) and (2) of subsection (a) are satisfied, the
Secretary of the Navy shall take into account the written views and
recommendations of the Chief of Naval Operations and the Commandant of
the Marine Corps. The Secretary shall submit these written views and
recommendations to Congress with the certification submitted under
subsection (a).
``SEC. 1504. CLOSURE OF VIEQUES NAVAL TRAINING RANGE AND DISPOSAL
OF CLOSED RANGE.
``(a) Termination of Training and Related Closures.--If the
conditions specified in section 1503(a) are satisfied and the Secretary
of the Navy makes a determination to close the Vieques Naval Training
Range and discontinue live-fire training at that range the Secretary of
the Navy shall--
``(1) terminate all Navy and Marine Corps training
operations on the island of Vieques;
[[Page 115 STAT. 1231]]
``(2) terminate all Navy and Marine Corps operations at
Naval Station Roosevelt Roads, Puerto Rico, that are related
exclusively to the use of the training range on the island of
Vieques by the Navy and the Marine Corps; and
``(3) close the Navy installations and facilities on the
island of Vieques, other than properties exempt from conveyance
and transfer under section 1506.
``(b) Transfer to Secretary of the Interior.--Upon termination of
Navy and Marine Corps training operations on the island of Vieques, the
Secretary of the Navy shall transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of the Interior--
``(1) the Live Impact Area on the island of Vieques;
``(2) all Department of Defense real properties on the
eastern side of the island that are identified as conservation
zones; and
``(3) all other Department of Defense real properties on the
eastern side of the island.
``(c) Administration by Secretary of the Interior.--
``(1) Retention and administration.--The Secretary of the
Interior shall retain, and may not dispose of any of, the
properties transferred under paragraphs (2) and (3) of
subsection (b) and shall administer such properties as wildlife
refuges under the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.) pending the enactment of a
law that addresses the disposition of such properties.
``(2) Live impact area.--The Secretary of the Interior shall
assume responsibility for the administration of the Live Impact
Area upon transfer under paragraph (1) of subsection (b),
administer that area as a wilderness area under the Wilderness
Act (16 U.S.C. 1131 et seq.), and deny public access to the
area.
``(d) 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 (114 Stat.
1654A-355) is amended by striking ``the issuance of a proclamation
described in section 1504(a) or''.
Subtitle F--Other Matters
SEC. 1061. ASSISTANCE FOR FIREFIGHTERS.
(a) Authorization of Appropriations.--Subsection (e) of section 33
of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229)
is amended to read as follows:
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$900,000,000 for each of the fiscal years 2002 through 2004 for
the purposes of this section.
``(2) Administrative expenses.--Of the funds appropriated
pursuant to paragraph (1) for a fiscal year, the Director may
use not more than three percent of the funds to cover salaries
and expenses and other administrative costs incurred by the
[[Page 115 STAT. 1232]]
Director to operate the office established under subsection
(b)(2) and make grants and provide assistance under this
section.''.
(b) Response to Terrorism or Use of Weapons of Mass Destruction.--
Subsection (b)(3) of such section is amended--
(1) in subparagraph (B), by inserting ``(including response
to a terrorism incident or use of a weapon of mass
destruction)'' after ``response'';
(2) in subparagraph (H), by striking ``and monitoring'' and
inserting ``, monitoring, and response to a terrorism incident
or use of a weapon of mass destruction''; and
(3) in subparagraph (I), by inserting ``, including
protective equipment to respond to a terrorism incident or the
use of a weapon of mass destruction'' after ``personnel'' the
second place it appears.
(c) Technical Amendments.--Subsection (b)(3) of such section is
further amended--
(1) by striking ``the grant funds--'' in the matter
preceding subparagraph (A) and inserting ``the grant funds for
one or more of the following purposes:'';
(2) by capitalizing the initial letter of the first word of
each of subparagraphs (A) through (N);
(3) by striking the semicolon at the end of each of
subparagraphs (A) through (L) and inserting a period; and
(4) by striking ``; or'' at the end of subparagraph (M) and
inserting a period.
SEC. 1062. EXTENSION OF TIMES FOR COMMISSION ON THE FUTURE OF THE
UNITED STATES AEROSPACE INDUSTRY TO
REPORT AND TO TERMINATE.
(a) Deadline for Report.--Subsection (d)(1) of section 1092 of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-
302) <<NOTE: 42 USC 2451 note.>> is amended by striking ``March 1,
2002'' and inserting ``one year after the date of the first official
meeting of the Commission''.
(b) Termination <<NOTE: 42 USC 2451 note.>> of Commission.--
Subsection (g) of such section is amended by striking ``30 days'' and
inserting ``60 days''.
SEC. 1063. APPROPRIATIONS TO RADIATION EXPOSURE COMPENSATION TRUST
FUND.
Section 3(e) of the Radiation Exposure Compensation Act (42 U.S.C.
2210 note) is amended to read as follows:
``(e) Appropriation.--
``(1) In general.--There are appropriated to the Fund, out
of any money in the Treasury not otherwise appropriated, for
fiscal year 2002 and each fiscal year thereafter through fiscal
year 2011, such sums as may be necessary, not to exceed the
applicable maximum amount specified in paragraph (2), to carry
out the purposes of the Fund.
``(2) Limitation.--Appropriation of amounts to the Fund
pursuant to paragraph (1) is subject to the following maximum
amounts:
``(A) For fiscal year 2002, $172,000,000.
``(B) For fiscal year 2003, $143,000,000.
``(C) For fiscal year 2004, $107,000,000.
``(D) For fiscal year 2005, $65,000,000.
``(E) For fiscal year 2006, $47,000,000.
``(F) For fiscal year 2007, $29,000,000.
[[Page 115 STAT. 1233]]
``(G) For fiscal year 2008, $29,000,000.
``(H) For fiscal year 2009, $23,000,000.
``(I) For fiscal year 2010, $23,000,000.
``(J) For fiscal year 2011, $17,000,000.''.
SEC. 1064. WAIVER OF VEHICLE WEIGHT LIMITS DURING PERIODS OF
NATIONAL EMERGENCY.
Section 127 of title 23, United States Code, is amended by adding at
the end the following new subsection:
``(h) Waiver for a Route in State of Maine During Periods of
National Emergency.--
``(1) In general.--Notwithstanding any other provision of
this section, the Secretary, in consultation with the Secretary
of Defense, may waive or limit the application of any vehicle
weight limit established under this section with respect to the
portion of Interstate Route 95 in the State of Maine between
Augusta and Bangor for the purpose of making bulk shipments of
jet fuel to the Air National Guard Base at Bangor International
Airport during a period of national emergency in order to
respond to the effects of the national emergency.
``(2) Applicability.--Emergency limits established under
paragraph (1) shall preempt any inconsistent State vehicle
weight limits.''.
SEC. 1065. REPAIR, RESTORATION, AND PRESERVATION OF LAFAYETTE
ESCADRILLE MEMORIAL, MARNES-LA-COQUETTE,
FRANCE.
(a) Authority To Make Grant.--(1) Subject to subsections (b) and
(c), the Secretary of the Air Force may make a grant to the Lafayette
Escadrille Memorial Foundation, Inc., to be used solely for the purpose
of repairing, restoring, and preserving the structure, plaza, and
surrounding grounds of the Lafayette Escadrille Memorial in Marnes la-
Coquette, France.
(2) The amount of the grant may not exceed $2,000,000.
(b) Contribution of Funds by France.--The Secretary of the Air Force
may not make the grant authorized by subsection (a) until 30 days after
the Secretary submits to Congress a report indicating that the
government of France has also contributed funds toward the repair,
restoration, and preservation of the memorial. The report shall specify
the amount of the funds contributed by the government of France and
describe the purpose for which the funds are to be used.
(c) Conditions on Receipt of Grant.--(1) The grant under subsection
(a) shall be subject to the following conditions:
(A) That the Lafayette Escadrille Memorial Foundation submit
to the Secretary of the Air Force an annual report, until the
grant funds are fully expended, containing an itemized
accounting of expenditures of grant funds and describing the
progress made to repair, restore, and preserve the memorial.
(B) That the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives,
be given access for the purpose of audit and examination to any
books, documents, papers, and records of the Lafayette
Escadrille Memorial Foundation.
(C) That none of the grant funds be used for remuneration of
any entity or individual associated with fundraising for any
project in connection with the repair, restoration, and
preservation of the memorial.
[[Page 115 STAT. 1234]]
(2) The Secretary shall transmit to Congress a copy of each report
received under paragraph (1)(A).
(d) Report on Architectural and Engineering Costs.--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 containing an estimate
of the architectural and engineering costs to be incurred to fully
repair, restore, and preserve the memorial and ensure the long-term
structural integrity of the memorial. The estimate shall be prepared by
a private United States entity, under contract with the Secretary. Funds
for the contract shall also be derived from the amount specified in
subsection (e).
(e) Funds for Grant.--Funds for the grant under subsection (a) shall
be derived only from amounts authorized to be appropriated under section
301(a)(4) for operation and maintenance for the Air Force.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Department of Defense Civilian Personnel
Sec. 1101. Personnel pay and qualifications authority for Department of
Defense Pentagon Reservation civilian law
enforcement and security force.
Sec. 1102. Pilot program for payment of retraining expenses.
Sec. 1103. Authority of civilian employees to act as notaries.
Sec. 1104. Authority to appoint certain health care professionals in the
excepted service.
Subtitle B--Civilian Personnel Management Generally
Sec. 1111. Authority to provide hostile fire pay.
Sec. 1112. Payment of expenses to obtain professional credentials.
Sec. 1113. Parity in establishment of wage schedules and rates for
prevailing rate employees.
Sec. 1114. Modification of limitation on premium pay.
Sec. 1115. Participation of personnel in technical standards development
activities.
Sec. 1116. Retention of travel promotional items.
Sec. 1117. Applicability of certain laws to certain individuals assigned
to work in the Federal Government.
Subtitle C--Intelligence Civilian Personnel
Sec. 1121. Authority to increase maximum number of positions in the
Defense Intelligence Senior Executive Service.
Subtitle D--Matters Relating To Retirement
Sec. 1131. Improved portability of retirement coverage for employees
moving between civil service employment and
employment by nonappropriated fund
instrumentalities.
Sec. 1132. Federal employment retirement credit for nonappropriated fund
instrumentality service.
Sec. 1133. Modification of limitations on exercise of voluntary
separation incentive pay authority and voluntary
early retirement authority.
Subtitle A--Department of Defense Civilian Personnel
SEC. 1101. PERSONNEL PAY AND QUALIFICATIONS AUTHORITY FOR
DEPARTMENT OF DEFENSE PENTAGON
RESERVATION CIVILIAN LAW ENFORCEMENT AND
SECURITY FORCE.
Section 2674(b) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before the text in the first
paragraph of that subsection;
[[Page 115 STAT. 1235]]
(2) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively; and
(3) by adding at the end the following new paragraph:
``(2) For positions for which the permanent duty station is the
Pentagon Reservation, the Secretary, in his sole and exclusive
discretion, may without regard to the pay provisions of title 5, fix the
rates of basic pay for such positions occupied by civilian law
enforcement and security personnel appointed under the authority of this
section so as to place such personnel on a comparable basis with
personnel of other similar Federal law enforcement and security
organizations within the vicinity of the Pentagon Reservation, not to
exceed the basic pay for personnel performing similar duties in the
United States Secret Service Uniformed Division or the United States
Park Police.''.
SEC. 1102. PILOT <<NOTE: 10 USC 1597 note.>> 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
lesser of the amount certified with respect to such eligible employee
under paragraph (2)(B), or $10,000.
(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
[[Page 115 STAT. 1236]]
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. AUTHORITY OF CIVILIAN EMPLOYEES TO ACT AS NOTARIES.
(a) Clarification of Status of Civilian Attorneys Eligible To Act as
Notaries.--Subsection (b) of section 1044a of title 10, United States
Code, is amended by striking ``legal assistance officers'' in paragraph
(2) and inserting ``legal assistance attorneys''.
(b) Other Civilian Employees Designated To Act as Notaries Abroad.--
Such subsection is further amended by adding at the end the following
new paragraph:
``(5) For the performance of notarial acts at locations
outside the United States, all employees of a military
department or the Coast Guard who are designated by regulations
of the Secretary concerned or by statute to have those powers
for exercise outside the United States.''.
SEC. 1104. AUTHORITY TO APPOINT CERTAIN HEALTH CARE PROFESSIONALS
IN THE EXCEPTED SERVICE.
(a) Authority.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599c. Appointment in excepted service of certain health
care professionals
``(a) Authority.--The Secretary of Defense may appoint in the
excepted service without regard to the provisions of subchapter I of
chapter 33 of title 5 (except as provided in section 3328 of such title
and in subsection (c) of this section) an individual who has--
``(1) a recognized degree or certificate from an accredited
institution in a covered health care profession or occupation;
and
``(2) successfully completed a clinical education program
affiliated with the Department of Defense or the Department of
Veterans Affairs.
[[Page 115 STAT. 1237]]
``(b) Covered Health Care Profession or Occupation.--For purposes of
subsection (a), a covered health care profession or occupation is any of
the following:
``(1) Physician.
``(2) Dentist.
``(3) Podiatrist.
``(4) Optometrist.
``(5) Nurse.
``(6) Physician assistant.
``(7) Expanded-function dental auxiliary.
``(c) Preferences in Hiring.--In using the authority provided by
this section, the Secretary shall apply the principles of preference for
the hiring of veterans and other individuals established in subchapter I
of chapter 33 of title 5.
``(d) Probationary Period.--There shall be an initial probationary
period of two years for appointments made under the authority of this
section.
``(e) Promotions and Advancement.--(1) Promotions of individuals
appointed under the authority of this section shall be made only after
an examination performed in accordance with regulations prescribed by
the Secretary.
``(2) Advancement of such individuals within a pay grade may be made
in increments of the minimum rate of basic pay of the grade in
accordance with regulations prescribed by the Secretary.
``(f) Review of Records by Board.--The record of each individual
appointed under the authority of this section in the medical, dental,
and nursing services shall be reviewed periodically by a board, which
shall be appointed in accordance with regulations prescribed by the
Secretary. If such board finds that such individual is not fully
qualified and satisfactory, such individual shall be separated from
service.
``(g) Adjustment of Pay.--In accordance with regulations prescribed
by the Secretary, the grade and annual rate of basic pay of an
individual appointed under this section whose level of assignment is
changed from a level of assignment in which the grade level is based on
both the nature of the assignment and qualifications may be adjusted to
the grade and annual rate of basic pay otherwise appropriate.
``(h) Appointment to Additional Positions.--(1) The Secretary may
use the authority of this subsection (subject to paragraph (2)) to
establish the qualifications for, and appoint and advance an individual
in the Department of Defense as--
``(A) a clinical or counseling psychologist (if such
psychologist holds a diploma as a diplomate in psychology from
an accrediting authority approved by the Secretary);
``(B) a certified or registered respiratory therapist;
``(C) a licensed physical therapist;
``(D) a licensed practical or vocational nurse;
``(E) a pharmacist; or
``(F) an occupational therapist.
``(2) Notwithstanding any other provision of this title or any other
law, all matters relating to adverse actions, disciplinary actions, and
grievance procedures involving an individual appointed to a position
described in paragraph (1) (including such actions and procedures
involving an employee in a probationary status) shall be resolved under
the provisions of title 5 as though such individual had been appointed
under such title.
[[Page 115 STAT. 1238]]
``(i) Reinstatement.--In determining eligibility for reinstatement
in the civil service of individuals appointed to positions in the
Department of Defense under this section who at the time of appointment
have a civil service status and whose employment in the Department of
Defense is terminated, the period of service performed in the Department
shall be included in computing the period of service under applicable
civil service regulations.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1599c. Appointment in excepted service of certain health care
professionals.''.
Subtitle B--Civilian Personnel Management Generally
SEC. 1111. AUTHORITY TO PROVIDE HOSTILE FIRE PAY.
(a) In General.--Subchapter IV of chapter 59 of title 5, United
States Code, is amended by adding at the end the following new section:
``Sec. 5949. Hostile fire pay
``(a) The head of an Executive agency may pay an employee hostile
fire pay at the rate of $150 for any month in which the employee was--
``(1) subject to hostile fire or explosion of hostile mines;
``(2) on duty in an area in which the employee was in
imminent danger of being exposed to hostile fire or explosion of
hostile mines and in which, during the period on duty in that
area, other employees were subject to hostile fire or explosion
of hostile mines; or
``(3) killed, injured, or wounded by hostile fire, explosion
of a hostile mine, or any other hostile action.
``(b) An employee covered by subsection (a)(3) who is hospitalized
for the treatment of his or her injury or wound may be paid hostile fire
pay under this section for not more than three additional months during
which the employee is so hospitalized.
``(c) An employee may be paid hostile fire pay under this section in
addition to other pay and allowances to which entitled, except that an
employee may not be paid hostile fire pay under this section for periods
of time during which the employee receives payment under section 5925 of
this title because of exposure to political violence or payment under
section 5928 of this title.''.
(b) Technical Amendment.--The table of sections at the beginning of
chapter 59 of such title is amended by inserting at the end the
following new item:
``5949. Hostile fire pay.''.
(c) Effective <<NOTE: 10 USC 5949 note.>> Date.--This provision is
effective as if enacted into law on September 11, 2001, and may be
applied with respect to any hostile action that took place on or after
that date.
SEC. 1112. 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:
[[Page 115 STAT. 1239]]
``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. 1113. PARITY IN ESTABLISHMENT OF WAGE SCHEDULES AND RATES FOR
PREVAILING RATE EMPLOYEES.
(a) In General.--Paragraph (2) of section 5343(d) of title 5, United
States Code, is amended to read as follows:
``(2) When the lead agency determines that there is a number of
comparable positions in private industry insufficient to establish the
wage schedules and rates, such agency shall establish the wage schedules
and rates on the basis of--
``(A) local private industry rates; and
``(B) rates paid for comparable positions in private
industry in the nearest wage area that such agency determines is
most similar in the nature of its population, employment,
manpower, and industry to the local wage area for which the wage
survey is being made.''.
(b) Effective <<NOTE: 5 USC 5343 note.>> Date.--Wage adjustments
made pursuant to the amendment made by this section shall take effect in
each applicable wage area on the first normal effective date of the
applicable wage survey adjustment that occurs after the date of the
enactment of this Act.
SEC. 1114. MODIFICATION OF LIMITATION ON PREMIUM PAY.
(a) In General.--Section 5547 of title 5, United States Code, is
amended to read as follows:
``Sec. 5547. Limitation on premium pay
``(a) An employee may be paid premium pay under sections 5542, 5545
(a), (b), and (c), 5545a, and 5546 (a) and (b) only to the extent that
the payment does not cause the aggregate of basic pay and such premium
pay for any pay period for such employee to exceed the greater of--
``(1) the maximum rate of basic pay payable for GS-15
(including any applicable locality-based comparability payment
under section 5304 or similar provision of law and any
applicable special rate of pay under section 5305 or similar
provision of law); or
``(2) the rate payable for level V of the Executive
Schedule.
``(b)(1) Subject to regulations prescribed by the Office of
Personnel Management, subsection (a) shall not apply to an employee
[[Page 115 STAT. 1240]]
who is paid premium pay by reason of work in connection with an
emergency (including a wildfire emergency) that involves a direct threat
to life or property, including work performed in the aftermath of such
an emergency.
``(2) Notwithstanding paragraph (1), no employee referred to in such
paragraph may be paid premium pay under the provisions of law cited in
subsection (a) if, or to the extent that, the aggregate of the basic pay
and premium pay under those provisions for such employee would, in any
calendar year, exceed the greater of--
``(A) the maximum rate of basic pay payable for GS-15 in
effect at the end of such calendar year (including any
applicable locality-based comparability payment under section
5304 or similar provision of law and any applicable special rate
of pay under section 5305 or similar provision of law); or
``(B) the rate payable for level V of the Executive Schedule
in effect at the end of such calendar year.
``(3) Subject to regulations prescribed by the Office of Personnel
Management, the head of an agency may determine that subsection (a)
shall not apply to an employee who is paid premium pay to perform work
that is critical to the mission of the agency. Such employees may be
paid premium pay under the provisions of law cited in subsection (a) if,
or to the extent that, the aggregate of the basic pay and premium pay
under those provisions for such employee would not, in any calendar
year, exceed the greater of--
``(A) the maximum rate of basic pay payable for GS-15 in
effect at the end of such calendar year (including any
applicable locality-based comparability payment under section
5304 or similar provision of law and any applicable special rate
of pay under section 5305 or similar provision of law); or
``(B) the rate payable for level V of the Executive Schedule
in effect at the end of such calendar year.
``(c) <<NOTE: Regulations.>> The Office of Personnel Management
shall prescribe regulations governing the methods of applying subsection
(b)(2) and (b)(3) to employees who receive premium pay under section
5545(c) or 5545a, or to firefighters covered by section 5545b who
receive overtime pay for hours in their regular tour of duty, and the
method of payment to such employees. Such regulations may limit the
payment of such premium pay on a biweekly basis.
``(d) This section shall not apply to any employee of the Federal
Aviation Administration or the Department of Defense who is paid premium
pay under section 5546a.''.
(b) Conforming Amendment.--Section 118 of the Treasury and General
Government Appropriations Act, 2001 (as enacted into law by section 1(3)
of Public Law 106-554; <<NOTE: 5 USC 5547 note.>> 114 Stat. 2763A-134)
is amended by striking ``limitation on the rate of pay payable during a
pay period contained in section 5547(c)(2)'' and inserting
``restrictions contained in section 5547''.
(c) Effective <<NOTE: 5 USC 5547 note.>> Date.--The amendments made
by subsections (a) and (b) shall take effect on the first day of the
first pay period beginning on or after the date that is 120 days
following the date of enactment of this Act.
[[Page 115 STAT. 1241]]
SEC. 1115. PARTICIPATION OF PERSONNEL IN TECHNICAL STANDARDS
DEVELOPMENT ACTIVITIES.
Subsection (d) of section 12 of the National Technology Transfer and
Advancement Act of 1995 (Pub. Law 104-113; 15 U.S.C. 272 note) is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Expenses of government personnel.--Section 5946 of
title 5, United States Code, shall not apply with respect to any
activity of an employee of a Federal agency or department that
is determined by the head of that agency or department as being
an activity undertaken in carrying out this subsection.''.
SEC. 1116. RETENTION <<NOTE: 5 USC 5702 note.>> OF TRAVEL
PROMOTIONAL ITEMS.
(a) Definition.--In this section, the term ``agency'' has the
meaning given that term under section 5701 of title 5, United States
Code.
(b) Retention of Travel Promotional Items.--To the extent provided
under subsection (c), a Federal employee, member of the Foreign Service,
member of a uniformed service, any family member or dependent of such an
employee or member, or other individual who receives a promotional item
(including frequent flyer miles, upgrade, or access to carrier clubs or
facilities) as a result of using travel or transportation services
obtained at Federal Government expense or accepted under section 1353 of
title 31, United States Code, may retain the promotional item for
personal use if the promotional item is obtained under the same terms as
those offered to the general public and at no additional cost to the
Federal Government.
(c) Limitation.--Subsection (b)--
(1) applies only to travel that--
(A) is at the expense of an agency; or
(B) is accepted by an agency under section 1353 of
title 31, United States Code; and
(2) does not apply to travel by any officer, employee, or
other official of the Government who is not in or under any
agency.
(d) Regulatory Authority.--Any agency with authority to prescribe
regulations governing the acquisition, acceptance, use, or disposal of
any travel or transportation services obtained at Government expense or
accepted under section 1353 of title 31, United States Code, may
prescribe regulations to carry out subsection (b) with respect to those
travel or transportation services.
(e) Repeal of Superseded Law.--Section 6008 of the Federal
Acquisition Streamlining Act of 1994 (5 U.S.C. 5702 note; Public Law
103-355) is repealed.
(f) Applicability.--This section shall apply with respect to
promotional items received before, on, or after the date of enactment of
this Act.
SEC. 1117. 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 27
[[Page 115 STAT. 1242]]
of the Office of Federal Procurement Policy Act,'' after ``chapter 73 of
this title,''.
Subtitle C--Intelligence Civilian Personnel
SEC. 1121. AUTHORITY TO INCREASE MAXIMUM NUMBER OF POSITIONS IN
THE DEFENSE INTELLIGENCE SENIOR
EXECUTIVE SERVICE.
Section 1606(a) of title 10, United States Code, is amended by
striking ``517'' and inserting ``544''.
Subtitle D--Matters Relating To Retirement
SEC. 1131. IMPROVED PORTABILITY OF RETIREMENT COVERAGE FOR
EMPLOYEES MOVING BETWEEN CIVIL SERVICE
EMPLOYMENT AND EMPLOYMENT BY
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Civil Service Retirement System.--Section 8347(q) of title 5,
United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``and'' at the end of subparagraph
(A);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B); and
(2) in paragraph (2)(B)--
(A) by striking ``vested''; and
(B) by striking ``, as the term'' and all that
follows through ``such system''.
(b) Federal Employees' Retirement System.--Section 8461(n) of such
title is amended--
(1) in paragraph (1)--
(A) by inserting ``and'' at the end of subparagraph
(A);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B); and
(2) in paragraph (2)(B)--
(A) by striking ``vested''; and
(B) by striking ``, as the term'' and all that
follows through ``such system''.
SEC. 1132. FEDERAL EMPLOYMENT RETIREMENT CREDIT FOR
NONAPPROPRIATED FUND INSTRUMENTALITY
SERVICE.
(a) Civil Service Retirement System.--(1) Section 8332(b) of title
5, United States Code, is amended--
(A) by striking ``and'' at the end of paragraph (15);
(B) by striking the period at the end of paragraph (16) and
inserting ``; and'';
(C) by inserting after paragraph (16) the following new
paragraph:
``(17) service performed by any individual as an employee
paid from nonappropriated funds of an instrumentality of the
Department of Defense or the Coast Guard described in section
[[Page 115 STAT. 1243]]
2105(c) that is not covered by paragraph (16) and that is not
otherwise creditable, if the individual elects (in accordance
with regulations prescribed by the Office) to have such service
credited under this paragraph.'';
(D) in the last sentence, by inserting ``or (17)'' after
``service of the type described in paragraph (16)''; and
(E) by inserting after the last sentence the following:
``Service credited under paragraph (17) may not also be credited
under any other retirement system provided for employees paid
from nonappropriated funds of a nonappropriated fund
instrumentality.''.
(2) Section 8334 of such title is amended by adding at the end the
following new subsection:
``(n) Notwithstanding subsection (c), no deposit may be made with
respect to service credited under section 8332(b)(17).''.
(3) Section 8339 of such title is amended by adding at the end the
following new subsection:
``(u) The annuity of an employee retiring under this subchapter with
service credited under section 8332(b)(17) shall be reduced by the
amount necessary to ensure that the present value of the annuity payable
to the employee is actuarially equivalent to the present value of the
annuity that would be payable to the employee under this subchapter if
it were computed--
``(1) on the basis of service that does not include service
credited under section 8332(b)(17); and
``(2) assuming the employee separated from service on the
actual date of the separation of the employee.
The amount of the reduction shall be computed under regulations
prescribed by the Office of Personnel Management for the administration
of this subsection.''.
(b) Federal Employees' Retirement System.--(1) Section 8411 of such
title is amended--
(A) in subsection (b)--
(i) by striking ``and'' at the end of paragraph (4);
(ii) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(iii) by inserting after paragraph (5) the following
new paragraph:
``(6) service performed by any individual as an employee
paid from nonappropriated funds of an instrumentality of the
Department of Defense or the Coast Guard described in section
2105(c) that is not otherwise creditable, if the individual
elects (in accordance with regulations prescribed by the Office)
to have such service credited under this paragraph.''; and
(B) by adding at the end the following new subsection:
``(k)(1) The Office of Personnel Management shall accept, for the
purposes of this chapter, the certification of the head of a
nonappropriated fund instrumentality of the United States concerning
service of the type described in subsection (b)(6) that was performed
for such nonappropriated fund instrumentality.
``(2) Service credited under subsection (b)(6) may not also be
credited under any other retirement system provided for employees paid
from nonappropriated funds of a nonappropriated fund instrumentality.''.
(2)(A) Section 8422 of such title is amended by adding at the end
the following new subsection:
[[Page 115 STAT. 1244]]
``(h) No deposit may be made with respect to service credited under
section 8411(b)(6).''.
(B) The heading for such section is amended to read as follows:
``Sec. 8422. Deductions from pay; contributions for other
service''.
(C) The item relating to such section in the table of contents at
the beginning of chapter 84 of title 5, United States Code, is amended
to read as follows:
``8422. Deductions from pay; contributions for other service.''.
(3) Section 8415 of such title is amended by adding at the end the
following new subsection:
``(j) The annuity of an employee retiring under this chapter with
service credited under section 8411(b)(6) shall be reduced by the amount
necessary to ensure that the present value of the annuity payable to the
employee under this subchapter is actuarially equivalent to the present
value of the annuity that would be payable to the employee under this
subchapter if it were computed--
``(1) on the basis of service that does not include service
credited under section 8411(b)(6); and
``(2) assuming the employee separated from service on the
actual date of the separation of the employee.
The amount of the reduction shall be computed under regulations
prescribed by the Office of Personnel Management for the administration
of this subsection.''.
(c) Applicability.--The <<NOTE: 5 USC 8332 note.>> amendments made
by this section shall apply only to separations from service as an
employee of the United States on or after the date of the enactment of
this Act.
SEC. 1133. MODIFICATION OF LIMITATIONS ON EXERCISE OF VOLUNTARY
SEPARATION INCENTIVE PAY AUTHORITY AND
VOLUNTARY EARLY RETIREMENT AUTHORITY.
(a) In General.--Section 1153(b) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-323) <<NOTE: 5 USC 5597 note.>> is
amended--
(1) in paragraph (1)--
(A) by striking ``(1) Subject to paragraph (2),
the'' and inserting ``The'';
(B) by striking ``in each of fiscal years 2002 and
2003, not more than 4000 employees of the Department of
Defense are'' and inserting ``in fiscal year 2002 not
more than 2000 employees of the Department of Defense
are, and in fiscal year 2003 not more than 6000
employees of the Department of Defense are''; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(2) by striking paragraph (2).
(b) Construction.--The <<NOTE: 5 USC 5597 note.>> amendments made by
subsection (a) may be superceded by another provision of law that takes
effect after the date of the enactment of this Act, and before October
1, 2003, establishing a uniform system of providing voluntary separation
incentives (including a system for requiring approval of plans by the
Office of Management and Budget) for employees of the Federal
Government.
[[Page 115 STAT. 1245]]
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Related to Arms Control and Monitoring
Sec. 1201. Clarification of authority to furnish nuclear test monitoring
equipment to foreign governments.
Sec. 1202. Limitation on funding for Joint Data Exchange Center in
Moscow.
Sec. 1203. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
Sec. 1204. Authority for employees of Federal Government contractors to
accompany chemical weapons inspection teams at
Government-owned facilities.
Sec. 1205. Plan for securing nuclear weapons, material, and expertise of
the states of the former Soviet Union.
Subtitle B--Matters Relating to Allies and Friendly Foreign Nations
Sec. 1211. Acquisition of logistical support for security forces.
Sec. 1212. Extension of authority for international cooperative research
and development projects.
Sec. 1213. Cooperative agreements with foreign countries and
international organizations for reciprocal use of
test facilities.
Sec. 1214. Sense of Congress on allied defense burdensharing.
Subtitle C--Reports
Sec. 1221. Report on significant sales and transfers of military
hardware, expertise, and technology to the
People's Republic of China.
Sec. 1222. Repeal of requirement for reporting to Congress on military
deployments to Haiti.
Sec. 1223. Report by Comptroller General on provision of defense
articles, services, and military education and
training to foreign countries and international
organizations.
Subtitle A--Matters Related to Arms Control and Monitoring
SEC. 1201. CLARIFICATION OF AUTHORITY TO FURNISH NUCLEAR TEST
MONITORING EQUIPMENT TO FOREIGN
GOVERNMENTS.
(a) Redesignation of Existing Section.--(1) The second section 2555
of title 10, United States Code, added by section 1203(a) of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-324), is
redesignated as section 2565.
(2) The item relating to that section in the table of sections at
the beginning of chapter 152 of that title is amended to read as
follows:
``2565. Nuclear test monitoring equipment: furnishing to foreign
governments.''.
(b) Clarification of Authority.--Section 2565 of that title, as so
redesignated by subsection (a), is amended--
(1) in subsection (a)--
(A) by striking ``Convey or'' in the subsection
heading and inserting ``Transfer Title to or
Otherwise'';
(B) in paragraph (1)--
(i) by striking ``convey'' and inserting
``transfer title''; and
(ii) by striking ``and'' at the end;
(C) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
[[Page 115 STAT. 1246]]
(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. LIMITATION ON FUNDING FOR JOINT DATA EXCHANGE CENTER IN
MOSCOW.
(a) Limitation.--Not more than 50 percent of the funds made
available to the Department of Defense for fiscal year 2002 for
activities associated with the Joint Data Exchange Center in Moscow,
Russia, may be obligated for any such activity until--
(1) the United States and the Russian Federation enter into
a cost-sharing agreement as described in subsection (d) of
section 1231 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, as enacted into law by
Public Law 106-398 (114 Stat. 1654A-329);
(2) the United States and the Russian Federation enter into
an agreement or agreements exempting the United States and any
United States person from Russian taxes, and from liability
under Russian laws, with respect to activities associated with
the Joint Data Exchange Center;
(3) the Secretary of Defense submits to the Committee on
Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives a copy of each agreement
referred to in paragraphs (1) and (2); and
(4) a period of 30 days has expired after the date of the
final submission under paragraph (3).
(b) Joint Data Exchange Center.--For purposes of this section, the
term ``Joint Data Exchange Center'' means the United States-Russian
Federation joint center for the exchange of data to provide early
warning of launches of ballistic missiles and for notification of such
launches that is provided for in a joint United States-Russian
Federation memorandum of agreement signed in Moscow in June 2000.
SEC. 1203. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT
AND MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year 2002.--The
total amount of the assistance for fiscal year 2002 that is provided by
the Secretary of Defense under section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the
Department of Defense in support of activities under that Act may not
exceed $15,000,000.
(b) Extension of Authority To Provide Assistance.--Subsection (f) of
section 1505 of the Weapons of Mass Destruction Control Act of 1992 (22
U.S.C. 5859a) is amended by striking ``2001'' and inserting ``2002''.
[[Page 115 STAT. 1247]]
SEC. 1204. AUTHORITY FOR EMPLOYEES OF FEDERAL GOVERNMENT
CONTRACTORS TO ACCOMPANY CHEMICAL
WEAPONS INSPECTION TEAMS AT GOVERNMENT-
OWNED FACILITIES.
(a) Authority.--Section 303(b)(2) of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6723(b)(2)) is amended by
inserting after ``designation of employees of the Federal Government''
the following: ``(and, in the case of an inspection of a United States
Government facility, the designation of contractor personnel who shall
be led by an employee of the Federal Government)''.
(b) Credentials.--Section 304(c) of such Act (22 U.S.C. 6724(c)) is
amended by striking ``Federal government'' and inserting ``Federal
Government (and, in the case of an inspection of a United States
Government facility, any accompanying contractor personnel)''.
SEC. 1205. PLAN FOR SECURING NUCLEAR WEAPONS, MATERIAL, AND
EXPERTISE OF THE STATES OF THE FORMER
SOVIET UNION.
(a) Plan <<NOTE: Deadline. President.>> Required.--Not later than
June 15, 2002, the President shall submit to Congress a plan, that has
been developed in coordination with all relevant Federal agencies--
(1) for cooperating with Russia on disposing, as soon as
practicable, of nuclear weapons and weapons-usable nuclear
material in Russia that Russia does not retain in its nuclear
arsenals;
(2) for assisting Russia in downsizing its nuclear weapons
research and production complex;
(3) for cooperating with the other states of the former
Soviet Union on disposing, as soon as practicable, of all
nuclear weapons and weapons-usable nuclear material in such
states; and
(4) for preventing the outflow from the states of the former
Soviet Union of scientific expertise that could be used for
developing nuclear weapons, other weapons of mass destruction,
and delivery systems for such weapons.
(b) Content of Plan.--The plan required by subsection (a) shall
include the following:
(1) Specific goals and measurable objectives for programs
that are designed to carry out the objectives described in
subsection (a).
(2) Criteria for success for such programs, and a strategy
for eventual termination of United States contributions to such
programs and assumption of the ongoing support of those programs
by others.
(3) A description of any administrative and organizational
changes necessary to improve the coordination and effectiveness
of such programs. In particular, the plan shall include
consideration of the creation of an interagency committee that
would have primary responsibilities within the executive branch
for--
(A) monitoring United States nonproliferation
efforts in the states of the former Soviet Union;
(B) coordinating the implementation of United States
policy with respect to such efforts; and
(C) recommending to the President integrated
policies, budget options, and private sector and
international contributions for such programs.
[[Page 115 STAT. 1248]]
(4) An estimate of the cost of carrying out such programs.
(c) Consultation.--In developing the plan required by subsection
(a), the President--
(1) is encouraged to consult with the relevant states of the
former Soviet Union regarding the practicality of various
options; and
(2) shall consult with the majority and minority leadership
of the appropriate committees of Congress.
Subtitle B--Matters Relating to Allies and Friendly Foreign Nations
SEC. 1211. 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) <<NOTE: Contracts.>> 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. 1212. EXTENSION OF AUTHORITY FOR INTERNATIONAL COOPERATIVE
RESEARCH AND DEVELOPMENT PROJECTS.
(a) Eligibility of Friendly Foreign Countries.--Section 2350a of
title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a) Authority To
Engage in Cooperative R&D Projects.--'';
(B) by striking ``major allies of the United States
or NATO organizations'' and inserting ``countries or
organizations referred to in paragraph (2)''; and
(C) by adding at the end the following new
paragraph:
``(2) The countries and organizations with which the Secretary may
enter into a memorandum of agreement (or other formal agreement) under
paragraph (1) are as follows:
``(A) The North Atlantic Treaty Organization.
``(B) A NATO organization.
``(C) A member nation of the North Atlantic Treaty
Organization.
``(D) A major non-NATO ally.
``(E) Any other friendly foreign country.'';
(2) in subsection (b)(1)--
(A) by striking ``its major non-NATO allies'' and
inserting ``a country or organization referred to in
subsection (a)(2)''; and
(B) by striking ``(NATO)'';
(3) in subsection (d)--
[[Page 115 STAT. 1249]]
(A) in paragraph (1), by striking ``the major allies
of the United States'' and inserting ``countries and
organizations referred to in subsection (a)(2)''; and
(B) in paragraph (2)--
(i) by striking ``major ally of the United
States'' and inserting ``country or organization
referred to in subsection (a)(2)''; and
(ii) by striking ``that ally's contribution''
and inserting ``the contribution of that country
or organization'';
(4) in subsection (e)(2)--
(A) in subparagraph (A), by striking ``one or more
of the major allies of the United States'' and inserting
``any country or organization referred to in subsection
(a)(2)'';
(B) in subparagraph (B), by striking ``major allies
of the United States or NATO organizations'' and
inserting ``countries and organizations referred to in
subsection (a)(2)'';
(C) in subparagraph (C), by striking ``major allies
of the United States'' and inserting ``countries and
organizations referred to in subsection (a)(2)''; and
(D) in subparagraph (D), by striking ``major allies
of the United States'' and inserting ``countries and
organizations referred to in subsection (a)(2)'';
(5) paragraphs (1)(A) and (4)(A) of subsection (g), by
striking ``major allies of the United States and other friendly
foreign countries'' and inserting ``countries referred to in
subsection (a)(2)'';
(6) in subsection (h), by striking ``major allies of the
United States'' and inserting ``member nations of the North
Atlantic Treaty Organization, major non-NATO allies, and other
friendly foreign countries''; and
(7) in subsection (i)--
(A) in paragraph (1), by striking ``major allies of
the United States or NATO organizations'' and inserting
``countries and organizations referred to in subsection
(a)(2)'';
(B) by striking paragraph (2); and
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
(b) Notice-and-Wait Requirement.--Subsection (a) of such section is
further amended by adding at the end the following new paragraph:
``(3) If such a memorandum of understanding (or other formal
agreement) is with a country referred to in subparagraph (E) of
paragraph (2), such memorandum (or agreement) may go into effect only
after the Secretary submits to the Committees on Armed Services and on
Foreign Relations of the Senate and to the Committees on Armed Services
and on International Relations of the House of Representatives a report
with respect to the proposed memorandum (or agreement) and a period of
30 days has passed after the report has been submitted.''.
(c) Delegation of Authority To Determine Eligibility of Projects.--
Subsection (b)(2) of such section is amended by striking ``to the Deputy
Secretary of Defense'' and all that follows through the period at the
end and inserting ``to the Deputy Secretary of Defense and to one other
official of the Department of Defense.''.
[[Page 115 STAT. 1250]]
(d) Revision of Requirement for Annual Report on Eligible
Countries.--Subsection (f)(2) of such section is amended to read as
follows:
``(2) <<NOTE: Deadline.>> Not later than January 1 of each year, the
Secretary of Defense shall submit to the Committees on Armed Services
and on Foreign Relations of the Senate and to the Committees on Armed
Services and on International Relations of the House of Representatives
a report specifying--
``(A) the countries that are eligible to participate in a
cooperative project agreement under this section; and
``(B) the criteria used to determine the eligibility of such
countries.''.
(e) Conforming Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2350a. Cooperative research and development agreements:
NATO organizations; allied and friendly
foreign countries''.
(2) The item relating to such section in the table of sections at
the beginning of subchapter II of chapter 138 of title 10, United States
Code, is amended to read as follows:
``2350a. Cooperative research and development agreements: NATO
organizations; allied and friendly foreign countries.''.
SEC. 1213. COOPERATIVE AGREEMENTS WITH FOREIGN COUNTRIES AND
INTERNATIONAL ORGANIZATIONS FOR
RECIPROCAL USE OF TEST FACILITIES.
(a) Authority.--Subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2350l. Cooperative agreements for reciprocal use of test
facilities: foreign countries and
international organizations
``(a) Authority.--The Secretary of Defense, with the concurrence of
the Secretary of State, may enter into a memorandum of understanding (or
other formal agreement) with a foreign country or international
organization to provide for the testing, on a reciprocal basis, of
defense equipment (1) by the United States using test facilities of that
country or organization, and (2) by that country or organization using
test facilities of the United States.
``(b) Payment of Costs.--A memorandum or other agreement under
subsection (a) shall provide that, when a party to the agreement uses a
test facility of another party to the agreement, the party using the
test facility is charged by the party providing the test facility in
accordance with the following principles:
``(1) The user party shall be charged the amount equal to
the direct costs incurred by the provider party in furnishing
test and evaluation services by the providing party's officers,
employees, or governmental agencies.
``(2) The user party may also be charged indirect costs
relating to the use of the test facility, but only to the extent
specified in the memorandum or other agreement.
``(c) Determination of Indirect Costs; Delegation of Authority.--(1)
The Secretary of Defense shall determine the appropriateness of the
amount of indirect costs charged by the United States pursuant to
subsection (b)(2).
[[Page 115 STAT. 1251]]
``(2) The Secretary may delegate the authority under paragraph (1)
only to the Deputy Secretary of Defense and to one other official of the
Department of Defense.
``(d) Retention of Funds Collected by the United States.--Amounts
collected by the United States from a party using a test facility of the
United States pursuant to a memorandum or other agreement under this
section shall be credited to the appropriation accounts from which the
costs incurred by the United States in providing such test facility were
paid.
``(e) Definitions.--In this section:
``(1) The term `direct cost', with respect to the use of a
test facility pursuant to a memorandum or other agreement under
subsection (a)--
``(A) means any item of cost that is easily and
readily identified to a specific unit of work or output
within the test facility where the use occurred, that
would not have been incurred if such use had not
occurred; and
``(B) may include costs of labor, materials,
facilities, utilities, equipment, supplies, and any
other resources of the test facility that are consumed
or damaged in connection with--
``(i) the use; or
``(ii) the maintenance of the test facility
for purposes of the use.
``(2) The term `indirect cost', with respect to the use of a
test facility pursuant to a memorandum or other agreement under
subsection (a)--
``(A) means any item of cost that is not easily and
readily identified to a specific unit of work or output
within the test facility where the use occurred; and
``(B) may include general and administrative
expenses for such activities as supporting base
operations, manufacturing, supervision, procurement of
office supplies, and utilities that are accumulated
costs allocated among several users.
``(3) The term `test facility' means a range or other
facility at which testing of defense equipment may be carried
out.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2350l. Cooperative agreements for reciprocal use of test facilities:
foreign countries and international organizations.''.
SEC. 1214. SENSE OF CONGRESS ON ALLIED DEFENSE BURDENSHARING.
It is the sense of Congress that--
(1) the efforts of the President to increase defense
burdensharing by allied and friendly nations deserve strong
support; and
(2) host nation support agreements with those nations in
which United States military personnel are assigned to permanent
duty ashore should be negotiated consistent with section
1221(a)(1) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 50 U.S.C. 1541(a)(1)), which sets
forth a goal of obtaining from any such host nation financial
contributions that amount to 75 percent of the nonpersonnel
[[Page 115 STAT. 1252]]
costs incurred by the United States Government for stationing
United States military personnel in that nation.
Subtitle C--Reports
SEC. 1221. REPORT ON SIGNIFICANT SALES AND TRANSFERS OF MILITARY
HARDWARE, EXPERTISE, AND TECHNOLOGY 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 Significant Sales and Transfers to China.--(1) The
report <<NOTE: Deadline.>> to be submitted under this section not later
than March 1, 2002, shall include in a separate section a report
describing any significant sale or transfer of military hardware,
expertise, and technology to the People's Republic of China. The report
shall set forth the history of such sales and transfers since 1995,
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 selling states
and the People's Republic of China:
``(A) The extent in each selling state of government
knowledge, cooperation, or condoning of sales or transfers of
military hardware, expertise, or technology to the People's
Republic of China.
``(B) An itemization of significant sales and transfers of
military hardware, expertise, or technology from each selling
state to the People's Republic of China that have taken place
since 1995, with a particular focus on command, control,
communications, and intelligence systems.
``(C) Significant assistance by any selling state 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.
``(D) The extent to which arms sales by any selling state 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.''.
[[Page 115 STAT. 1253]]
SEC. 1222. 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; 50 U.S.C. 1541 note) is
repealed.
SEC. 1223. 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 effect 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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).
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. Limitation on use of funds until submission of reports.
Sec. 1304. Requirement to consider 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 certain construction
activities.
Sec. 1307. Reports on activities and assistance under Cooperative Threat
Reduction programs.
Sec. 1308. Chemical weapons destruction.
Sec. 1309. Additional matter in annual report on activities and
assistance under Cooperative Threat Reduction
programs.
[[Page 115 STAT. 1254]]
SEC. 1301. SPECIFICATION <<NOTE: 22 USC 5952 note.>> 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,
$133,405,000.
(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, $13,221,000.
(7) For defense and military contacts, $18,650,000.
(8) For chemical weapons destruction in Russia, $50,000,000.
(9) For weapons of mass destruction infrastructure
elimination activities in Kazakhstan, $6,000,000.
(10) For weapons of mass destruction infrastructure
elimination activities in Ukraine, $6,024,000.
(11) 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 (11) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the amount
of funds to be obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expenditure of
fiscal year 2002 Cooperative Threat Reduction funds for a purpose for
which the obligation or expenditure of such funds is specifically
prohibited under this title or any other provision of law.
[[Page 115 STAT. 1255]]
(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) <<NOTE: Notification.>> the Secretary submits to
Congress notification of the intent to do so together with a
complete discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in paragraph
(1), obligate amounts for the purposes stated in paragraph (6), (7), or
(11) of subsection (a) in excess of 115 percent of the amount
specifically authorized for such purposes.
(d) Modification of Authority To Vary Individual Amounts of FY 2001
Funds.--Section 1302(c)(3) 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-340) is amended by striking ``(4),''.
SEC. 1303. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF REPORTS.
Not more than 50 percent of 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 into law by
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. REQUIREMENT <<NOTE: 22 USC 5952 note.>> TO CONSIDER USE
OF REVENUE GENERATED BY ACTIVITIES
CARRIED OUT UNDER COOPERATIVE THREAT
REDUCTION PROGRAMS.
The Secretary of Defense shall consider the use of revenue generated
by activities carried out under Cooperative Threat Reduction programs in
negotiating and executing contracts with Russia to carry out such
programs.
SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING OF
FISSILE MATERIAL STORAGE FACILITY.
(a) Prohibition.--No <<NOTE: 22 USC 5952 note.>> fiscal year 2002
Cooperative Threat Reduction funds and no funds authorized to be
appropriated for Cooperative Threat Reduction programs for any prior
fiscal year may be used for the 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 into
law by Public Law 106-398; 114 Stat. 1654A-341) <<NOTE: 22 USC 5952
note.>> is amended to read as follows:
[[Page 115 STAT. 1256]]
``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) other than planning, design, or
construction to improve security at such first wing.''.
SEC. 1306. PROHIBITION AGAINST USE OF FUNDS FOR CERTAIN
CONSTRUCTION ACTIVITIES.
No fiscal year 2002 Cooperative Threat Reduction funds may be used
for construction activities carried out under Russia's program to
eliminate the production of weapons grade 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 into law by Public
Law 106-398; 114 Stat. 1654A-342) <<NOTE: 22 USC 5959.>> 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. CHEMICAL WEAPONS DESTRUCTION.
Section 1305 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 794; 22 U.S.C. 5952 note) is
amended 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) information provided by Russia, that the United States
assesses to be full and accurate, regarding the size of the
chemical weapons stockpile of Russia;
``(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;
``(5) an agreement by Russia to destroy or convert its
chemical weapons production facilities at Volgograd and
Novocheboksark; and
``(6) a demonstrated commitment from the international
community to fund and build infrastructure needed to support and
operate the facility.''.
[[Page 115 STAT. 1257]]
SEC. 1309. ADDITIONAL MATTER IN ANNUAL REPORT ON ACTIVITIES AND
ASSISTANCE UNDER COOPERATIVE THREAT
REDUCTION PROGRAMS.
Section 1308(c) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-341) (as amended by section
1308) <<NOTE: 22 USC 5959.>> is further amended by adding at the end of
the following new paragraph:
``(6) A description of the amount of the financial
commitment from the international community, and from Russia,
for the chemical weapons destruction facility located at
Shchuch'ye, Russia, for the fiscal year beginning in the year in
which the report is submitted.''.
TITLE XIV--ARMED FORCES RETIREMENT HOME
Sec. 1401. Amendment of Armed Forces Retirement Home Act of 1991.
Sec. 1402. Definitions.
Sec. 1403. Revision of authority establishing the Armed Forces
Retirement Home.
Sec. 1404. Chief Operating Officer.
Sec. 1405. Residents of Retirement Home.
Sec. 1406. Local Boards of Trustees.
Sec. 1407. Directors, Deputy Directors, Associate Directors, and staff
of facilities.
Sec. 1408. Disposition of effects of deceased persons and unclaimed
property.
Sec. 1409. Transitional provisions.
Sec. 1410. Conforming and clerical amendments and repeals of obsolete
provisions.
SEC. 1401. AMENDMENT OF ARMED FORCES RETIREMENT HOME ACT OF 1991.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Armed
Forces Retirement Home Act of 1991 (title XV of Public Law 101-510; 24
U.S.C. 401 et seq.).
SEC. 1402. DEFINITIONS.
Section 1502 (24 U.S.C. 401) is amended--
(1) by striking paragraphs (1), (2), (3), (4), and (5), and
inserting the following new paragraphs:
``(1) The term `Retirement Home' includes the institutions
established under section 1511, as follows:
``(A) The Armed Forces Retirement Home--Washington.
``(B) The Armed Forces Retirement Home--Gulfport.
``(2) The term `Local Board' means a Local Board of Trustees
established under section 1516.
``(3) The terms `Armed Forces Retirement Home Trust Fund'
and `Fund' mean the Armed Forces Retirement Home Trust Fund
established under section 1519(a).'';
(2) by redesignating paragraphs (6), (7), and (8) as
paragraphs (4), (5), and (6), respectively; and
(3) in paragraph (5), as so redesignated--
(A) in subparagraph (C), by striking ``, Manpower
and Personnel'' and inserting ``for Personnel''; and
(B) in subparagraph (D), by striking ``with
responsibility for personnel matters'' and inserting
``for Manpower and Reserve Affairs''.
[[Page 115 STAT. 1258]]
SEC. 1403. REVISION OF AUTHORITY ESTABLISHING THE ARMED FORCES
RETIREMENT HOME.
Section 1511 (24 U.S.C. 411) is amended to read as follows:
``SEC. 1511. ESTABLISHMENT OF THE ARMED FORCES RETIREMENT HOME.
``(a) Independent Establishment.--The Armed Forces Retirement Home
is an independent establishment in the executive branch.
``(b) Purpose.--The purpose of the Retirement Home is to provide,
through the Armed Forces Retirement Home--Washington and the Armed
Forces Retirement Home--Gulfport, residences and related services for
certain retired and former members of the Armed Forces.
``(c) Facilities.--(1) Each facility of the Retirement Home referred
to in paragraph (2) is a separate establishment of the Retirement Home.
``(2) The United States Soldiers' and Airmen's Home is hereby
redesignated as the Armed Forces Retirement Home--Washington. The Naval
Home is hereby redesignated as the Armed Forces Retirement Home--
Gulfport.
``(d) Operation.--(1) The Chief Operating Officer of the Armed
Forces Retirement Home is the head of the Retirement Home. The Chief
Operating Officer is subject to the authority, direction, and control of
the Secretary of Defense.
``(2) Each facility of the Retirement Home shall be maintained as a
separate establishment of the Retirement Home for administrative
purposes and shall be under the authority, direction, and control of the
Director of that facility. The Director of each facility of the
Retirement Home is subject to the authority, direction, and control of
the Chief Operating Officer.
``(e) Property and Facilities.--(1) The Retirement Home shall
include such property and facilities as may be acquired under paragraph
(2) or accepted under section 1515(f) for inclusion in the Retirement
Home.
``(2) The Secretary of Defense may acquire, for the benefit of the
Retirement Home, property and facilities for inclusion in the Retirement
Home.
``(3) The Secretary of Defense may dispose of any property of the
Retirement Home, by sale, lease, or otherwise, that the Secretary
determines is excess to the needs of the Retirement Home. The proceeds
from such a disposal of property shall be deposited in the Armed Forces
Retirement Home Trust Fund. No such disposal of real property shall be
effective earlier than 120 days after the date on which the Secretary
transmits a notification of the proposed disposal to the Committees on
Armed Services of the Senate and the House of Representatives.
``(f) Department of Defense Support.--The Secretary of Defense may
make available from the Department of Defense to the Retirement Home, on
a nonreimbursable basis, administrative support and office services,
legal and policy planning assistance, access to investigative facilities
of the Inspector General of the Department of Defense and of the
military departments, and any other support necessary to enable the
Retirement Home to carry out its functions under this title.
[[Page 115 STAT. 1259]]
``(g) Accreditation.--The Chief Operating Officer shall endeavor to
secure for each facility of the Retirement Home accreditation by a
nationally recognized civilian accrediting organization, such as the
Continuing Care Accreditation Commission and the Joint Commission for
Accreditation of Health Organizations.
``(h) Annual Report.--The Secretary of Defense shall transmit to
Congress an annual report on the financial and other affairs of the
Retirement Home for each fiscal year.''.
SEC. 1404. CHIEF OPERATING OFFICER.
(a) Establishment and Authority of Position.--Section 1515 (24
U.S.C. 415) is amended to read as follows:
``SEC. 1515. CHIEF OPERATING OFFICER.
``(a) Appointment.--(1) The Secretary of Defense shall appoint the
Chief Operating Officer of the Retirement Home.
``(2) The Chief Operating Officer shall serve at the pleasure of the
Secretary of Defense.
``(3) The Secretary of Defense shall evaluate the performance of the
Chief Operating Officer at least once each year.
``(b) Qualifications.--To qualify for appointment as the Chief
Operating Officer, a person shall--
``(1) be a continuing care retirement community
professional;
``(2) have appropriate leadership and management skills; and
``(3) have experience and expertise in the operation and
management of retirement homes and in the provision of long-term
medical care for older persons.
``(c) Responsibilities.--(1) The Chief Operating Officer shall be
responsible to the Secretary of Defense for the overall direction,
operation, and management of the Retirement Home and shall report to the
Secretary on those matters.
``(2) The Chief Operating Officer shall supervise the operation and
administration of the Armed Forces Retirement Home--Washington and the
Armed Forces Retirement Home--Gulfport, including the Local Boards of
those facilities.
``(3) The Chief Operating Officer shall perform the following
duties:
``(A) Issue, and ensure compliance with, appropriate rules
for the operation of the Retirement Home.
``(B) Periodically visit, and inspect the operation of, the
facilities of the Retirement Home.
``(C) Periodically examine and audit the accounts of the
Retirement Home.
``(D) Establish any advisory body or bodies that the Chief
Operating Officer considers to be necessary.
``(d) Compensation.--(1) The Secretary of Defense may prescribe the
pay of the Chief Operating Officer, except that the annual rate of basic
pay, including locality pay, of the Chief Operating Officer may not
exceed the annual rate of basic pay payable for level III of the
Executive Schedule under section 5314 of title 5, United States Code.
``(2) In addition to basic pay and any locality pay prescribed for
the Chief Operating Officer, the Secretary may award the Chief Operating
Officer, not more than once each year, a bonus based on the performance
of the Chief Operating Officer for the year. The Secretary shall
prescribe the amount of any such bonus.
[[Page 115 STAT. 1260]]
``(3) The total amount of the basic pay and bonus paid the Chief
Operating Officer for a year under this section may not exceed the
annual rate of basic pay payable for level I of the Executive Schedule
under section 5312 of title 5, United States Code.
``(e) Administrative Staff.--(1) The Chief Operating Officer may,
subject to the approval of the Secretary of Defense, appoint a staff to
assist in the performance of the Chief Operating Officer's duties in the
overall administration of the Retirement Home.
``(2) The Chief Operating Officer shall prescribe the rates of pay
applicable to the members of the staff appointed under paragraph (1),
except that--
``(A) a staff member who is a member of the Armed Forces on
active duty or who is a full-time officer or employee of the
United States may not receive additional pay by reason of
service on the administrative staff; and
``(B) the limitations in section 5373 of title 5, United
States Code, relating to pay set by administrative action, shall
apply to the rates of pay prescribed under this paragraph.
``(f) Acceptance of Gifts.--(1) The Chief Operating Officer may
accept gifts of money, property, and facilities on behalf of the
Retirement Home.
``(2) Monies received as gifts, or realized from the disposition of
property and facilities received as gifts, shall be deposited in the
Armed Forces Retirement Home Trust Fund.''.
(b) Transfer of Authorities.--(1) The following provisions are
amended by striking ``Retirement Home Board'' each place it appears and
inserting ``Chief Operating Officer'':
(A) Section 1512 (24 U.S.C. 412), relating to eligibility
and acceptance for residence in the Armed Forces Retirement
Home.
(B) Section 1513(a) (24 U.S.C. 412(a)), <<NOTE: 24 USC
413.>> relating to services provided to residents of the Armed
Forces Retirement Home.
(C) Section 1518(c) (24 U.S.C. 418(c)), relating to
inspection of the Armed Forces Retirement Home.
(2) Section 1519(c) (24 U.S.C. 419(c)), relating to authority to
invest funds in the Armed Forces Retirement Home Trust Fund, is amended
by striking ``Director'' and inserting ``Chief Operating Officer''.
(3) Section 1521(a) (24 U.S.C. 421(a)), relating to payment of
residents for services, is amended by striking ``Chairman of the Armed
Forces Retirement Board'' and inserting ``Chief Operating Officer''.
(4) Section 1522 (24 U.S.C. 422), relating to authority to accept
certain uncompensated services, is amended--
(A) in subsection (a)--
(i) by striking ``Chairman of the Retirement Home
Board or the Director of each establishment'' and
inserting ``Chief Operating Officer or the Director of a
facility''; and
(ii) by striking ``unless'' and all that follows
through ``Retirement Home Board'';
(B) in subsection (b)(1)--
(i) by striking ``Chairman of the Retirement Home
Board or the Director of the establishment'' and
inserting ``Chief Operating Officer or the Director of a
facility''; and
(ii) by inserting ``offering the services'' after
``notify the person'';
[[Page 115 STAT. 1261]]
(C) in subsection (b)(2), by striking ``Chairman'' and
inserting ``Chief Operating Officer'';
(D) in subsection (c), by striking ``Chairman of the
Retirement Home Board or the Director of an establishment'' and
inserting ``Chief Operating Officer or the Director of a
facility''; and
(E) in subsection (e)--
(i) by striking ``Chairman of the Retirement Board
or the Director of the establishment'' in the first
sentence and inserting ``Chief Operating Officer or the
Director of a facility''; and
(ii) by striking ``Chairman'' in the second sentence
and inserting ``Chief Operating Officer''.
(5) Section 1523(b) (24 U.S.C. 423(b)), relating to preservation of
historic buildings and grounds at the Armed Forces Retirement Home--
Washington, is amended by striking ``Chairman of the Retirement Home
Board'' and inserting ``Chief Operating Officer''.
SEC. 1405. RESIDENTS OF RETIREMENT HOME.
(a) Repeal of Requirement of Resident To Reapply After Substantial
Absence.--Subsection (e) of section 1512 (24 U.S.C. 412) is repealed.
(b) Fees Paid by Residents.--Section 1514 (24 U.S.C. 414) is amended
to read as follows:
``SEC. 1514. FEES PAID BY RESIDENTS.
``(a) Monthly Fees.--The Director of each facility of the Retirement
Home shall collect a monthly fee from each resident of that facility.
``(b) Deposit of Fees.--The Directors shall deposit fees collected
under subsection (a) in the Armed Forces Retirement Home Trust Fund.
``(c) Fixing Fees.--(1) The Chief Operating Officer, with the
approval of the Secretary of Defense, shall from time to time prescribe
the fees required by subsection (a). Changes to such fees shall be based
on the financial needs of the Retirement Home and the ability of the
residents to pay. A change of a fee may not take effect until 120 days
after the Secretary of Defense transmits a notification of the change to
the Committees on Armed Services of the Senate and the House of
Representatives.
``(2) The fee shall be fixed as a percentage of the monthly income
and monthly payments (including Federal payments) received by a
resident. The percentage shall be the same for each facility of the
Retirement Home. The Secretary of Defense may make any adjustment in a
percentage that the Secretary determines appropriate.
``(3) The fee shall be subject to a limitation on maximum monthly
amount. The amount of the limitation shall be increased, effective on
January 1 of each year, by the percentage of the increase in retired pay
and retainer pay that takes effect on the preceding December 1 under
subsection (b) of section 1401a of title 10, United States Code, without
regard to paragraph (3) of such subsection. The first increase in a
limitation on maximum monthly amount shall take effect on January 1,
2003.
``(d) Transitional Fee Structures.--(1) Until different fees are
prescribed and take effect under subsection (c), the percentages and
limitations on maximum monthly amount that are applicable to fees
charged residents of the Retirement Home are (subject
[[Page 115 STAT. 1262]]
to any adjustment that the Secretary of Defense determines appropriate)
as follows:
``(A) For months beginning before January 1, 2002--
``(i) for a permanent health care resident, 65
percent (without limitation on maximum monthly amount);
and
``(ii) for a resident who is not a permanent health
care resident, 40 percent (without limitation on maximum
monthly amount).
``(B) For months beginning after December 31, 2001--
``(i) for an independent living resident, 35
percent, but not to exceed $1,000 each month;
``(ii) for an assisted living resident, 40 percent,
but not to exceed $1,500 each month; and
``(iii) for a long-term care resident, 65 percent,
but not to exceed $2,500 each month.
``(2) Notwithstanding the limitations on maximum monthly amount
prescribed under subsection (c) or set forth in paragraph (1)(B), until
the earlier of December 31, 2006, or the date on which an independent
living resident or assisted living resident of the Armed Forces
Retirement Home--Gulfport occupies a renovated room at that facility, as
determined by the Secretary of Defense, the limitation on maximum
monthly amount applicable to the resident for months beginning after
December 31, 2001, shall be--
``(A) in the case of an independent living resident, $800;
and
``(B) in the case of an assisted living resident, $1,300.''.
SEC. 1406. LOCAL BOARDS OF TRUSTEES.
Section 1516 (24 U.S.C. 416) is amended to read as follows:
``SEC. 1516. LOCAL BOARDS OF TRUSTEES.
``(a) Establishment.--Each facility of the Retirement Home shall
have a Local Board of Trustees.
``(b) Duties.--The Local Board for a facility shall serve in an
advisory capacity to the Director of the facility and to the Chief
Operating Officer.
``(c) Composition.--(1) The Local Board for a facility shall consist
of at least 11 members who (except as otherwise specifically provided)
shall be appointed by the Secretary of Defense in consultation with each
of the Secretaries of the military departments concerned. At least one
member of the Local Board shall have a perspective that is oriented
toward the Retirement Home overall. The Local Board for a facility shall
consist of the following members:
``(A) One member who is a civilian expert in nursing home or
retirement home administration and financing from the
geographical area of the facility.
``(B) One member who is a civilian expert in gerontology
from the geographical area of the facility.
``(C) One member who is a service expert in financial
management.
``(D) One representative of the Department of Veterans
Affairs regional office nearest in proximity to the facility,
who shall be designated by the Secretary of Veterans Affairs.
``(E) One representative of the resident advisory committee
or council of the facility.
``(F) One enlisted representative of the Services' Retiree
Advisory Council.
[[Page 115 STAT. 1263]]
``(G) The senior noncommissioned officer of one of the Armed
Forces.
``(H) One senior representative of the military hospital
nearest in proximity to the facility.
``(I) One senior judge advocate from one of the Armed
Forces.
``(J) The Director of the facility, who shall be a nonvoting
member.
``(K) One senior representative of one of the chief
personnel officers of the Armed Forces.
``(L) Other members designated by the Secretary of Defense
(if the Local Board is to have more than 11 members).
``(2) The Secretary of Defense shall designate one member of a Local
Board to serve as the chairman of the Local Board at the pleasure of the
Secretary of Defense.
``(d) Terms.--(1) Except as provided in subsections (e), (f), and
(g), the term of office of a member of a Local Board shall be five
years.
``(2) Unless earlier terminated by the Secretary of Defense, a
person may continue to serve as a member of the Local Board after the
expiration of the member's term until a successor is appointed or
designated, as the case may be.
``(e) Early Expiration of Term.--A member of a Local Board who is a
member of the Armed Forces or an employee of the United States serves as
a member of the Local Board only for as long as the member is assigned
to or serving in a position for which the duties include the duty to
serve as a member of the Local Board.
``(f) Vacancies.--(1) A vacancy in the membership of a Local Board
shall be filled in the manner in which the original appointment or
designation was made, as the case may be.
``(2) A member appointed or designated to fill a vacancy occurring
before the end of the term of the predecessor of the member shall be
appointed or designated, as the case may be, for the remainder of the
term for which the predecessor was appointed.
``(3) A vacancy in a Local Board shall not affect its authority to
perform its duties.
``(g) Early Termination.--The Secretary of Defense may terminate the
appointment of a member of a Local Board before the expiration of the
member's term for any reason that the Secretary determines appropriate.
``(h) Compensation.--(1) Except as provided in paragraph (2), a
member of a Local Board shall--
``(A) be provided a stipend consistent with the daily
government consultant fee for each day on which the member is
engaged in the performance of services for the Local Board; and
``(B) while away from home or regular place of business in
the performance of services for the Local Board, be allowed
travel expenses (including per diem in lieu of subsistence) in
the same manner as a person employed intermittently in
Government under sections 5701 through 5707 of title 5, United
States Code.
``(2) A member of a Local Board who is a member of the Armed Forces
on active duty or a full-time officer or employee of the United States
shall receive no additional pay by reason of serving as a member of a
Local Board.''.
[[Page 115 STAT. 1264]]
SEC. 1407. DIRECTORS, DEPUTY DIRECTORS, ASSOCIATE DIRECTORS, AND
STAFF OF FACILITIES.
Section 1517 (24 U.S.C. 417) is amended to read as follows:
``SEC. 1517. DIRECTORS, DEPUTY DIRECTORS, ASSOCIATE DIRECTORS, AND
STAFF OF FACILITIES.
``(a) Appointment.--The Secretary of Defense shall appoint a
Director, a Deputy Director, and an Associate Director for each facility
of the Retirement Home.
``(b) Director.--The Director of a facility shall--
``(1) be a civilian with experience as a continuing care
retirement community professional or a member of the Armed
Forces serving on active duty in a grade below brigadier general
or, in the case of the Navy, rear admiral (lower half);
``(2) have appropriate leadership and management skills; and
``(3) be required to pursue a course of study to receive
certification as a retirement facilities director by an
appropriate civilian certifying organization, if the Director is
not so certified at the time of appointment.
``(c) Duties of Director.--(1) The Director of a facility shall be
responsible for the day-to-day operation of the facility, including the
acceptance of applicants to be residents of that facility.
``(2) The Director of a facility shall keep accurate and complete
records of the facility.
``(d) Deputy Director.--(1) The Deputy Director of a facility
shall--
``(A) be a civilian with experience as a continuing care
retirement community professional or a member of the Armed
Forces serving on active duty in a grade below colonel or, in
the case of the Navy, captain; and
``(B) have appropriate leadership and management skills.
``(2) The Deputy Director of a facility shall serve at the pleasure
of the Secretary of Defense.
``(e) Duties of Deputy Director.--The Deputy Director of a facility
shall, under the authority, direction, and control of the Director of
the facility, perform such duties as the Director may assign.
``(f) Associate Director.--(1) The Associate Director of a facility
shall--
``(A) be a member of the Armed Forces serving on active duty
in the grade of Sergeant Major, Master Chief Petty Officer, or
Chief Master Sergeant or a member or former member retired in
that grade; and
``(B) have appropriate leadership and management skills.
``(2) The Associate Director of a facility shall serve at the
pleasure of the Secretary of Defense.
``(g) Duties of Associate Director.--The Associate Director of a
facility shall, under the authority, direction, and control of the
Director and Deputy Director of the facility, serve as ombudsman for the
residents and perform such other duties as the Director may assign.
``(h) Staff.--(1) The Director of a facility may, subject to the
approval of the Chief Operating Officer, appoint and prescribe the pay
of such principal staff as the Director considers appropriate to assist
the Director in operating the facility.
[[Page 115 STAT. 1265]]
``(2) The principal staff of a facility shall include persons with
experience and expertise in the operation and management of retirement
homes and in the provision of long-term medical care for older persons.
``(i) Annual Evaluation of Directors.--(1) The Chief Operating
Officer shall evaluate the performance of each of the Directors of the
facilities of the Retirement Home each year.
``(2) The Chief Operating Officer shall submit to the Secretary of
Defense any recommendations regarding a Director that the Chief
Operating Officer determines appropriate taking into consideration the
annual evaluation.''.
SEC. 1408. DISPOSITION OF EFFECTS OF DECEASED PERSONS AND
UNCLAIMED PROPERTY.
(a) Legal Representation for Retirement Home.--Subsection (b)(2)(A)
of section 1520 (24 U.S.C. 420) is amended by inserting ``who is a full-
time officer or employee of the United States or a member of the Armed
Forces on active duty'' after ``may designate an attorney''.
(b) Correction of Reference.--Subsection (b)(1)(B) of such section
is amended by inserting ``Armed Forces'' before ``Retirement Home Trust
Fund''.
SEC. 1409. TRANSITIONAL PROVISIONS.
Part B <<NOTE: 10 USC 2772 note; 24 USC 431.>> is amended by
striking sections 1531, 1532, and 1533 and inserting the following new
sections:
``SEC. 1531. TEMPORARY <<NOTE: 24 USC 431.>> CONTINUATION OF
ARMED FORCES RETIREMENT HOME BOARD.
``Until the Secretary of Defense appoints the first Chief Operating
Officer after the enactment of the National Defense Authorization Act
for Fiscal Year 2002, the Armed Forces Retirement Home Board, as
constituted on the day before the date of the enactment of that Act,
shall continue to serve and shall perform the duties of the Chief
Operating Officer.
``SEC. 1532. <<NOTE: 24 USC 432.>> DIRECTORS OF FACILITIES.
``(a) Active Duty Officers.--During the three-year period beginning
on the date of the enactment of the National Defense Authorization Act
for Fiscal Year 2002, the Directors and Deputy Directors of the
facilities shall be members of the Armed Forces serving on active duty,
notwithstanding the authority in subsections (b) and (d) of section 1517
for the Directors and Deputy Directors to be civilians.
``(b) Temporary Continuation of Director of the Armed Forces
Retirement Home--Washington.--The person serving as the Director of the
Armed Forces Retirement Home--Washington on the day before the enactment
of the National Defense Authorization Act for Fiscal Year 2002 may
continue to serve as the Director of that facility until April 2, 2002.
``SEC. 1533. TEMPORARY <<NOTE: 24 USC 433.>> CONTINUATION OF
INCUMBENT DEPUTY DIRECTORS.
``A person serving as the Deputy Director of a facility of the
Retirement Home on the day before the enactment of the National Defense
Authorization Act for Fiscal Year 2002 may continue to serve, at the
pleasure of the Secretary of Defense, as the Deputy Director until the
date on which a Deputy Director is appointed
[[Page 115 STAT. 1266]]
for that facility under section 1517, except that the service in that
position may not continue under this section after December 31, 2004.''.
SEC. 1410. CONFORMING AND CLERICAL AMENDMENTS AND REPEALS OF
OBSOLETE PROVISIONS.
(a) Conforming Amendments.--(1) Section 1513(b) (24 U.S.C. 413(b)),
relating to services provided to residents of the Armed Forces
Retirement Home, is amended by striking ``maintained as a separate
establishment'' in the second sentence.
(2) The heading for section 1519 (24 U.S.C. 419) is amended to read
as follows:
``SEC. 1519. ARMED FORCES RETIREMENT HOME TRUST FUND.''.
(3) Section 1520 (24 U.S.C. 420), relating to disposition of effects
of deceased persons and unclaimed property, is amended--
(A) in subsection (a), by striking ``each facility that is
maintained as a separate establishment'' and inserting ``a
facility'';
(B) in subsection (b)(2)(A), by striking ``maintained as a
separate establishment''; and
(C) in subsection (e), by striking ``Directors'' and
inserting ``Director of the facility''.
(4)(A) Section 1523 (24 U.S.C. 423), relating to preservation of
historic buildings and grounds at the Armed Forces Retirement Home--
Washington, is amended by striking ``United States Soldiers' and
Airmen's Home'' each place it appears and inserting ``Armed Forces
Retirement Home--Washington''.
(B) The heading for such section is amended to read as follows:
``SEC. 1523. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS AT THE
ARMED FORCES RETIREMENT HOME--
WASHINGTON.''.
(5) Section 1524 (24 U.S.C. 424), relating to conditional
supervisory control of the Retirement Home Board, is repealed.
(b) Repeal of Obsolete Provisions.--The following provisions are
repealed:
(1) Section 1512(f) (24 U.S.C. 412(f)), relating to the
applicability of certain eligibility requirements.
(2) Section 1519(d) (24 U.S.C. 419(d)), relating to
transitional accounts in the Armed Forces Retirement Home Trust
Fund.
(3) Part C, <<NOTE: 24 USC 401 note, 441.>> relating to
effective date and authorization of appropriations.
(c) Addition of Table of Contents.--Section 1501 (24 U.S.C. 401
note) is amended--
(1) by inserting ``(a) Short Title.--'' before ``This
title''; and
(2) by adding at the end the following new subsection:
``(b) Table of Contents.--The table of contents for this title is as
follows:
``Sec. 1501. Short title; table of contents.
``Sec. 1502. Definitions.
``Part A--Establishment and Operation of Retirement Home
``Sec. 1511. Establishment of the Armed Forces Retirement Home.
``Sec. 1512. Residents of Retirement Home.
``Sec. 1513. Services provided residents.
``Sec. 1514. Fees paid by residents.
[[Page 115 STAT. 1267]]
``Sec. 1515. Chief Operating Officer.
``Sec. 1516. Local Boards of Trustees.
``Sec. 1517. Directors, Deputy Directors, Associate Directors, and staff
of facilities.
``Sec. 1518. Inspection of Retirement Home.
``Sec. 1519. Armed Forces Retirement Home Trust Fund.
``Sec. 1520. Disposition of effects of deceased persons; unclaimed
property.
``Sec. 1521. Payment of residents for services.
``Sec. 1522. Authority to accept certain uncompensated services.
``Sec. 1523. Preservation of historic buildings and grounds at the Armed
Forces Retirement Home--Washington.
``Part B--Transitional Provisions
``Sec. 1531. Temporary Continuation of Armed Forces Retirement Home
Board.
``Sec. 1532. Directors of Facilities.
``Sec. 1533. Temporary Continuation of Incumbent Deputy Directors.''.
TITLE XV--ACTIVITIES RELATING TO COMBATING TERRORISM
Subtitle A--Increased Funding for Combating Terrorism
Sec. 1501. Definitions.
Sec. 1502. Authorization of emergency appropriations for fiscal year
2001 made by Public Law 107-38 and allocated for
national defense functions.
Sec. 1503. Authorization of emergency supplemental appropriations for
fiscal year 2002.
Sec. 1504. Authorization of use of funds for military construction
projects.
Sec. 1505. Treatment of transferred amounts.
Sec. 1506. Quarterly reports.
Subtitle B--Policy Matters Relating to Combating Terrorism
Sec. 1511. Study and report on the role of the Department of Defense
with respect to homeland security.
Sec. 1512. Combating Terrorism Readiness Initiatives Fund for combatant
commands.
Sec. 1513. Conveyances of equipment and related materials loaned to
State and local governments as assistance for
emergency response to a use or threatened use of a
weapon of mass destruction.
Sec. 1514. Two-year extension of advisory panel to assess domestic
response capabilities for terrorism involving
weapons of mass destruction.
Subtitle A--Increased Funding for Combating Terrorism
SEC. 1501. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``ETR Supplemental Appropriations Act, 2001''
means the 2001 Emergency Supplemental Appropriations Act for
Recovery from and Response to Terrorist Attacks on the United
States (Public Law 107-38).
(2) The term ``Emergency Supplemental Appropriations Act,
2002'' means an Act (or a portion of an Act) making available
for obligation emergency appropriations that were provided,
subject to enactment in a subsequent appropriation Act, in the
ETR Supplemental Appropriations Act, 2001.
SEC. 1502. AUTHORIZATION OF EMERGENCY APPROPRIATIONS FOR FISCAL
YEAR 2001 MADE BY PUBLIC LAW 107-38 AND
ALLOCATED FOR NATIONAL DEFENSE
FUNCTIONS.
(a) Adjustment in Authorization Amounts.--(1) Subject to paragraph
(2), amounts authorized to be appropriated for fiscal year 2001 in the
Floyd D. Spence National Defense Authorization
[[Page 115 STAT. 1268]]
Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398) are
hereby increased, with respect to any such authorized amount, by the
amount (if any) by which appropriations pursuant to such authorization
are increased by amounts appropriated in the ETR Supplemental
Appropriations Act, 2001, and transferred by the President (before the
date of the enactment of this Act) to the Department of Defense or the
National Nuclear Security Administration and subsequently allocated to
such appropriations.
(2) Authorization amounts may not be increased under paragraph (1)
in excess of amounts derived from allocation of the amounts specified in
subsection (b), for the Department of Defense, and in subsection (c),
for the National Nuclear Security Administration.
(b) Department of Defense.--Amounts referred to in subsection (a)(2)
for the Department of Defense are amounts for emergency expenses to
respond to the terrorist attacks on the United States that occurred on
September 11, 2001, allocated to the Department of Defense for fiscal
year 2001 for the use of the Armed Forces and other activities and
agencies of the Department of Defense, including the purposes stated in
section 1504, in the total amount of $13,741,000,000, as follows:
(1) Increased situational awareness.--For Increased
Situational Awareness, $4,272,000,000.
(2) Enhanced force protection.--For Enhanced Force
Protection, $1,509,000,000.
(3) Improved command and control.--For Improved Command and
Control, $1,403,000,000.
(4) Increased worldwide posture.--For Increased Worldwide
Posture, $3,603,000,000.
(5) Offensive counterterrorism.--For Offensive
Counterterrorism, $1,459,000,000.
(6) Initial crisis response.--For Initial Crisis Response,
$637,000,000.
(7) Pentagon repair and upgrade.--For Pentagon Repair and
Upgrade Activities, $530,000,000.
(8) Fuel costs.--For increased fuel costs, $100,000,000.
(9) Airport and border security.--For airport and border
security, $228,000,000.
(c) NNSA.--The amount referred to in subsection (a)(2) for the
National Nuclear Security Administration is the amount of $5,000,000 for
emergency expenses to respond to the terrorist attacks on the United
States that occurred on September 11, 2001, allocated for fiscal year
2001 atomic energy defense activities of the National Nuclear Security
Administration for weapons activities.
(d) Treatment as Additional Authorizations.--The amounts authorized
to be appropriated by this section are in addition to amounts otherwise
authorized to be appropriated by the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398) or any other Act, for fiscal year 2001 for the use of the
Armed Forces and other activities and agencies of the Department of
Defense and for the use of the National Nuclear Security Administration.
[[Page 115 STAT. 1269]]
SEC. 1503. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR FISCAL YEAR 2002.
(a) Department of Defense.--For emergency expenses to respond to the
September 11, 2001, terrorist attacks on the United States, funds are
hereby authorized to be appropriated to the Defense Emergency Response
Fund for fiscal year 2002 for the use of the Armed Forces and other
activities and agencies of the Department of Defense, including the
purposes stated in section 1504, in the total amount of $7,349,000,000,
as follows:
(1) Increased situational awareness.--For Increased
Situational Awareness, $1,735,000,000.
(2) Enhanced force protection.--For Enhanced Force
Protection, $881,000,000.
(3) Improved command and control.--For Improved Command and
Control, $219,000,000.
(4) Increased worldwide posture.--For Increased Worldwide
Posture, $2,938,000,000.
(5) Offensive counterterrorism.--For Offensive
Counterterrorism, $545,000,000.
(6) Initial crisis response.--For Initial Crisis Response,
$106,000,000.
(7) Pentagon repair and upgrade.--For Pentagon Repair and
Upgrade Activities, $925,000,000.
(b) NNSA.--For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States and for other expenses to
increase the security of the Nation's nuclear weapons complex, funds are
hereby authorized to be appropriated for fiscal year 2002 for the atomic
energy defense activities of the National Nuclear Security
Administration in the amount of $106,000,000, to be available for
weapons activities.
(c) Department of Energy.--For emergency expenses to respond to the
September 11, 2001, terrorist attacks on the United States, funds are
hereby authorized to be appropriated for fiscal year 2002 to the
Department of Energy in the total amount of $11,700,000, as follows:
(1) For Defense Environmental Restoration and Waste
Management, $8,200,000.
(2) For Other Defense Activities, $3,500,000.
(d) Transfer of Defense Funds.--In order to carry out the specified
purposes in subsection (a), the Secretary of Defense may transfer
amounts authorized by subsection (a) from the Defense Emergency Response
Fund to any other defense appropriations account, including the account
``Support for International Sporting Events, Defense'' and any military
construction account as provided in section 1504.
(e) Availability.--Amounts appropriated pursuant to authorizations
in this section may remain available until expended, if so provided in
appropriations Acts.
(f) Source of Funds.--Amounts appropriated pursuant to
authorizations in this section shall be derived from amounts provided,
subject to subsequent appropriation, in the ETR Supplemental
Appropriations Act, 2001.
(g) Treatment as Additional Authorizations.--The amounts authorized
to be appropriated by this section are in addition to amounts otherwise
authorized to be appropriated, by the other provisions of this Act or by
any other Act, for fiscal year 2001 for the use of the Armed Forces and
other activities and agencies
[[Page 115 STAT. 1270]]
of the Department of Defense and for the use of the National Nuclear
Security Administration.
SEC. 1504. AUTHORIZATION OF USE OF FUNDS FOR MILITARY CONSTRUCTION
PROJECTS.
(a) Authority for Use of Funds.--Qualified emergency defense
appropriations may be used to acquire real property and carry out
military construction projects not otherwise authorized by law that the
Secretary of Defense determines are necessary to respond to or protect
against acts or threatened acts of terrorism or to respond to the
terrorist attacks on the United States that occurred on September 11,
2001.
(b) Project Authorization.--Any project with respect to which the
Secretary makes a determination under subsection (a) and that is to be
carried out using qualified emergency defense appropriations is hereby
authorized for purposes of section 2802 of title 10, United States Code.
(c) Qualified Emergency Defense Appropriations.--For purposes of
this subsection, the term ``qualified emergency defense appropriations''
means emergency appropriations available to the Department of Defense
that are authorized by section 1502 or 1503.
SEC. 1505. TREATMENT OF TRANSFERRED AMOUNTS.
Amounts transferred under authority of section 1502 or 1503 shall be
merged with, and shall be available for the same purposes and for the
same time period as, the accounts to which transferred. The transfer
authority under those sections is in addition to the transfer authority
provided by section 1001 or any other provision of law.
SEC. 1506. QUARTERLY REPORTS.
(a) Quarterly Report.--Promptly after the end of each quarter of a
fiscal year, the Secretary of Defense and the Director of Central
Intelligence shall each submit to the congressional defense committees a
report (in classified and unclassified form, as needed) on the use of
funds authorized by this subtitle. Each such report shall, at a minimum,
specify the following:
(1) Any balance of funds remaining in the Defense Emergency
Response Fund as of the end of the quarter covered by the
report.
(2) The accounts to which funds have been transferred or are
to be transferred and the amount of each such transfer.
(3) Within such accounts, each project to which any such
funds have been transferred or are to be transferred and the
amount of funds obligated and the amount expended for each such
project as of the end of the quarter covered by the report.
(b) Initial Report.--The <<NOTE: Deadline.>> first report under
subsection (a) shall be submitted not later than January 2, 2002.
(c) Final Report.--No further report under subsection (a) is
required after all funds made available to the Department of Defense
pursuant to such Act have been obligated.
[[Page 115 STAT. 1271]]
Subtitle B--Policy Matters Relating to Combating Terrorism
SEC. 1511. STUDY AND REPORT ON THE ROLE OF THE DEPARTMENT OF
DEFENSE WITH RESPECT TO HOMELAND
SECURITY.
(a) Study Required.--The Secretary of Defense shall conduct a study
on the appropriate role of the Department of Defense with respect to
homeland security. The study shall identify and describe the policies,
plans, and procedures of the Department of Defense for combating
terrorism, including for the provision of support for the consequence
management activities of other Federal, State, and local agencies. The
study shall specifically identify the following:
(1) The strategy, roles, and responsibilities of the
Department of Defense for combating terrorism.
(2) How the Department of Defense will interact with the
Office of Homeland Security and how intelligence sharing efforts
of the Department of Defense will be organized relative to other
Federal agencies and departments and State and local
governments.
(3) The ability of the Department of Defense to protect the
United States from airborne threats, including threats
originating from within the borders of the United States.
(4) Improvements that could be made to enhance the security
of the people of the United States against terrorist threats and
recommended actions (including legislative action) and programs
to address and overcome existing vulnerabilities.
(5) The policies, plans, and procedures relating to how the
civilian official in the Department of Defense responsible for
combating terrorism and the Joint Task Force Civil Support of
the Joint Forces Command will coordinate the performance of
functions for combating terrorism with--
(A) teams in the Department of Defense that have
responsibilities for responding to acts or threats of
terrorism, including--
(i) weapons of mass destruction civil support
teams when operating as the National Guard under
the command of the Governor of a State, the
Governor of Puerto Rico, or the Commanding General
of the District of Columbia National Guard;
(ii) weapons of mass destruction civil support
teams when operating as the Army National Guard of
the United States or the Air National Guard of the
United States under the command of the President;
(iii) teams in the departments and agencies of
the Federal Government other than the Department
of Defense that have responsibilities for
responding to acts or threats of terrorism;
(iv) organizations outside the Federal
Government, including any State, local and private
entities, that function as first responders to
acts or threats of terrorism; and
(v) units and organizations of the Reserve
Components of the Armed Forces that have missions
relating to combating terrorism;
[[Page 115 STAT. 1272]]
(B) the Director of Military Support of the
Department of the Army;
(C) any preparedness plans to combat terrorism that
are developed for installations of the Department of
Defense by the commanders of the installations and the
integration of those plans with the plans of the teams
and organizations described in subparagraph (A);
(D) the policies, plans and procedures for using and
coordinating the integrated vulnerability assessment
teams of the Joint Staff inside and outside the United
States; and
(E) the missions of Fort Leonard Wood and other
installations for training units, weapons of mass
destruction civil support teams and other teams, and
individuals in combating terrorism.
(6) The appropriate number and missions of the teams
referred to in paragraph (5)(A)(i).
(7) How the Department of Defense Weapons of Mass
Destruction Civil Support Teams should interact with the Federal
Bureau of Investigation and the Federal Emergency Management
Agency during crisis response and consequence management
situations.
(b) Report.--Not <<NOTE: Deadline.>> later than 180 days after the
date of the enactment of this Act, the Secretary shall submit to
Congress a report including the findings of the study conducted under
subsection (a).
SEC. 1512. COMBATING TERRORISM READINESS INITIATIVES FUND FOR
COMBATANT COMMANDS.
(a) Funding for Initiatives.--Chapter 6 of title 10, United States
Code, is amended by inserting after section 166a the following new
section:
``Sec. 166b. Combatant commands: funding for combating terrorism
readiness initiatives
``(a) Combating Terrorism Readiness Initiatives Fund.--From funds
made available in any fiscal year for the budget account in the
Department of Defense known as the `Combating Terrorism Readiness
Initiatives Fund', the Chairman of the Joint Chiefs of Staff may provide
funds to the commander of a combatant command, upon the request of the
commander, or, with respect to a geographic area or areas not within the
area of responsibility of a commander of a combatant command, to an
officer designated by the Chairman of the Joint Chiefs of Staff for such
purpose. The Chairman may provide such funds for initiating any activity
named in subsection (b) and for maintaining and sustaining the activity
for the fiscal year in which initiated and one additional fiscal year.
``(b) Authorized Activities.--Activities for which funds may be
provided under subsection (a) are the following:
``(1) Procurement and maintenance of physical security
equipment.
``(2) Improvement of physical security sites.
``(3) Under extraordinary circumstances--
``(A) physical security management planning;
``(B) procurement and support of security forces and
security technicians;
[[Page 115 STAT. 1273]]
``(C) security reviews and investigations and
vulnerability assessments; and
``(D) any other activity relating to physical
security.
``(c) Priority.--The Chairman of the Joint Chiefs of Staff, in
considering requests for funds in the Combating Terrorism Readiness
Initiatives Fund, should give priority consideration to emergency or
emergent unforeseen high-priority requirements for combating terrorism.
``(d) Relationship to Other Funding.--Any amount provided by the
Chairman of the Joint Chiefs of Staff for a fiscal year out of the
Combating Terrorism Readiness Initiatives Fund for an activity referred
to in subsection (b) shall be in addition to amounts otherwise available
for that activity for that fiscal year.
``(e) Limitation.--Funds may not be provided under this section for
any activity that has been denied authorization by Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
166a the following new item:
``166b. Combatant commands: funding for combating terrorism readiness
initiatives.''.
SEC. 1513. CONVEYANCES OF EQUIPMENT AND RELATED MATERIALS LOANED
TO STATE AND LOCAL GOVERNMENTS AS
ASSISTANCE FOR EMERGENCY RESPONSE TO A
USE OR THREATENED USE OF A WEAPON OF
MASS DESTRUCTION.
Section 1412(e) of the Defense Against Weapons of Mass Destruction
Act of 1996 (title XIV of Public Law 104-201; 110 Stat. 2718; 50 U.S.C.
2312(e)) is amended by adding at the end the following new paragraph:
``(5) A conveyance of ownership of United States property to
a State or local government, without cost and without regard to
subsection (f) and title II of the Federal Property and
Administrative Services Act of 1949 (or any other provision of
law relating to the disposal of property of the United States),
if the property is equipment, or equipment and related
materials, that is in the possession of the State or local
government on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2002 pursuant to a loan of the
property as assistance under this section.''.
SEC. 1514. TWO-YEAR EXTENSION OF ADVISORY PANEL TO ASSESS DOMESTIC
RESPONSE CAPABILITIES FOR TERRORISM
INVOLVING WEAPONS OF MASS DESTRUCTION.
(a) Extension of Advisory Panel.--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''.
(b) Pay and Expenses of Members.--(1) Subsection (k) of such section
is amended to read as follows:
``(k) Compensation of Panel Members.--The provisions of paragraph
(4) of section 591(c) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1999 (as contained in section
101(d) of division A of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105-277; 112 Stat.
2681-212)), shall apply to members of the panel
[[Page 115 STAT. 1274]]
in the same manner as to members of the National Commission on Terrorism
under that paragraph.''.
(2) The <<NOTE: 50 USC 2301 note.>> amendment made by paragraph (1)
shall apply with respect to periods of service on the advisory panel
under section 1405 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 on or after the date of the enactment of this
Act.
TITLE XVI--UNIFORMED SERVICES VOTING
Sec. 1601. Sense of Congress regarding the importance of voting.
Sec. 1602. Voting assistance programs.
Sec. 1603. Guarantee of residency for military personnel.
Sec. 1604. Electronic voting demonstration project.
Sec. 1605. Governors' reports on implementation of recommendations for
changes in State law made under Federal Voting
Assistance Program.
Sec. 1606. Simplification of voter registration and absentee ballot
application procedures for absent uniformed
services and overseas voters.
Sec. 1607. Use of certain Department of Defense facilities as polling
places.
SEC. 1601. SENSE <<NOTE: 42 USC 1973ff note.>> OF CONGRESS
REGARDING THE IMPORTANCE OF VOTING.
(a) Sense of Congress.--It is the sense of Congress that each person
who is an administrator of a Federal, State, or local election--
(1) should be aware of the importance of the ability of each
uniformed services voter to exercise the right to vote; and
(2) should perform that person's duties as an election
administrator with the intent to ensure that--
(A) each uniformed services voter receives the
utmost consideration and cooperation when voting;
(B) each valid ballot cast by such a voter is duly
counted; and
(C) all eligible American voters, regardless of
race, ethnicity, disability, the language they speak, or
the resources of the community in which they live,
should have an equal opportunity to cast a vote and to
have that vote counted.
(b) Uniformed Services Voter Defined.--In this section, the term
``uniformed services voter'' means--
(1) a member of a uniformed service (as defined in section
101(a)(5) of title 10, United States Code) in active service;
(2) a member of the merchant marine (as defined in section
107 of the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff-6)); and
(3) a spouse or dependent of a member referred to in
paragraph (1) or (2) who is qualified to vote.
SEC. 1602. VOTING ASSISTANCE PROGRAMS.
(a) In General.--(1) 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; assistance
``(a) Regulations.--The Secretary of Defense shall prescribe
regulations to require that the Army, Navy, Air Force, and Marine
[[Page 115 STAT. 1275]]
Corps ensure their compliance with any directives issued by the
Secretary of Defense in implementing any voting assistance program.
``(b) Voting Assistance Programs Defined.--In this section, the term
`voting assistance programs' means--
``(1) the Federal Voting Assistance Program carried out
under the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.); and
``(2) any similar program.
``(c) Annual Effectiveness and Compliance Reviews.--(1) The
Inspector General of each of the Army, Navy, Air Force, and Marine Corps
shall conduct--
``(A) an annual review of the effectiveness of voting
assistance programs; and
``(B) an annual review of the compliance with voting
assistance programs of that armed force.
``(2) Upon the completion of each annual review under paragraph (1),
each Inspector General specified in that paragraph shall submit to the
Inspector General of the Department of Defense a report on the results
of each such review. Such report shall be submitted in time each year to
be reflected in the report of the Inspector General of the Department of
Defense under paragraph (3).
``(3) Not <<NOTE: Deadline. Reports.>> later than March 31 each
year, the Inspector General of the Department of Defense shall submit to
Congress a report on--
``(A) the effectiveness during the preceding calendar year
of voting assistance programs; and
``(B) the level of compliance during the preceding calendar
year with voting assistance programs of each of the Army, Navy,
Air Force, and Marine Corps.
``(d) Inspector General Assessments.--(1) The Inspector General of
the Department of Defense shall periodically conduct at Department of
Defense installations unannounced assessments 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) The Inspector General shall conduct an assessment under
paragraph (1) at not less than 10 Department of Defense installations
each calendar year.
``(3) 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.
``(e) Regular Military Department Assessments.--The Secretary of
each military department shall include in the set of
[[Page 115 STAT. 1276]]
issues and programs to be reviewed during any management effectiveness
review or inspection at the installation level 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.
``(f) Voting Assistance Officers.--Voting assistance officers shall
be appointed or assigned under Department of Defense regulations.
Commanders at all levels are responsible for ensuring that unit voting
officers are trained and equipped to provide information and assistance
to members of the armed forces on voting matters. 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.
``(g) 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.''.
(2) 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; assistance.''.
(b) <<NOTE: Deadline. 10 USC 1566 note.>> Initial Report.--The
first report under section 1566(c)(3) of title 10, United States Code,
as added by subsection (a), shall be submitted not later than March 31,
2003.
SEC. 1603. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.
Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940
(50 U.S.C. App. 590 et seq.) is amended by adding at the end the
following:
``Sec. 704. <<NOTE: 50 USC app. 594.>> (a) For purposes of voting
for any Federal office (as defined in section 301 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431)) or a State or local
office, a person who is absent from a State in compliance with military
or naval orders shall not, solely by reason of that absence--
``(1) be deemed to have lost a residence or domicile in that
State, without regard to whether or not the person intends to
return to that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become a resident in or a resident
of any other State.
[[Page 115 STAT. 1277]]
``(b) In this section, the term `State' includes a territory or
possession of the United States, a political subdivision of a State,
territory, or possession, and the District of Columbia.''.
SEC. 1604. ELECTRONIC <<NOTE: 42 USC 1973ff note.>> VOTING
DEMONSTRATION PROJECT.
(a) Establishment of Demonstration Project.--
(1) In general.--Subject to paragraph (2), the Secretary of
Defense shall carry out a demonstration project under which
absent uniformed services voters are permitted to cast ballots
in the regularly scheduled general election for Federal office
for November 2002 through an electronic voting system. The
project shall be carried out with participation of sufficient
numbers of absent uniformed services voters so that the results
are statistically relevant.
(2) Authority to delay implementation.--If the Secretary of
Defense determines that the implementation of the demonstration
project under paragraph (1) with respect to the regularly
scheduled general election for Federal office for November 2002
may adversely affect the national security of the United States,
the Secretary may delay the implementation of such demonstration
project until the regularly scheduled general election for
Federal office for November 2004. The Secretary shall notify the
Committee on Armed Services and the Committee on Rules and
Administration of the Senate and the Committee on Armed Services
and the Committee on House Administration of the House of
Representatives of any decision to delay implementation of the
demonstration project.
(b) 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.
(c) Report to Congress.--Not <<NOTE: Deadline.>> later than June 1
of the year following the year in which the demonstration project is
conducted under this section, the Secretary of Defense shall submit to
Congress a report analyzing the demonstration project. The Secretary
shall include in the report any recommendations the Secretary considers
appropriate for continuing the project on an expanded basis for absent
uniformed services voters during the next regularly scheduled general
election for Federal office.
(d) Definitions.--In this section:
(1) Absent uniformed services voter.--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)).
(2) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, and American Samoa.
SEC. 1605. GOVERNORS' <<NOTE: 42 USC 1973ff note.>> REPORTS ON
IMPLEMENTATION OF RECOMMENDATIONS FOR
CHANGES IN STATE LAW MADE UNDER FEDERAL
VOTING ASSISTANCE PROGRAM.
(a) Reports.--(1) Whenever a State receives a uniformed services
voting assistance legislative recommendation from the Secretary of
Defense, acting as the Presidential designee, the chief executive
authority of that State shall, not later than 90 days after receipt of
that recommendation, provide a report on the status of implementation of
that recommendation by that State.
[[Page 115 STAT. 1278]]
(2) If a legislative recommendation referred to in paragraph (1) has
been implemented, in whole or in part, by a State, the report of the
chief executive authority of that State under that paragraph with
respect to that recommendation shall include a description of the
changes made to State law to implement the recommendation. If the
recommendation has not been implemented, the report shall include a
statement of the status of the recommendation before the State
legislature and a statement of any recommendation the chief executive
officer has made or intends to make to the legislature with respect to
that recommendation.
(3) Any report under paragraph (1) shall be transmitted to the
Secretary of Defense, acting as the Presidential designee. The Secretary
shall transmit a copy of the response to each Member of Congress who
represents that State.
(b) Period of Applicability.--This section applies with respect to
any uniformed services voting assistance legislative recommendation
transmitted to a State by the Secretary of Defense, acting as the
Presidential designee, during the three-year period beginning on the
date of the enactment of this Act.
(c) Definitions.--In this section:
(1) The term ``uniformed services voting assistance
legislative recommendation'' means a recommendation of the
Presidential designee for a modification in the laws of a State
for the purpose of improving the access to the polls of absent
uniformed services voters and overseas voters.
(2) The term ``Presidential designee'' means the head of the
executive department designated by the President under section
101(a) of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff(a)).
(3) The term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and
American Samoa.
(4) The term ``Member of Congress'' includes a Delegate or
Resident Commissioner to the Congress.
SEC. 1606. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE
BALLOT APPLICATION PROCEDURES FOR ABSENT
UNIFORMED SERVICES AND OVERSEAS VOTERS.
(a) Requirement for States To Accept Official Form for Simultaneous
Voter Registration and Absentee Ballot Application.--
(1) In general.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
(A) in paragraph (2)--
(i) by striking ``general, special, primary,
or runoff'';
(ii) by inserting ``and absentee ballot
application'' after ``voter registration
application'';
(iii) by striking ``and'' after the semicolon
at the end;
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) use the official post card form (prescribed under
section 101) for simultaneous voter registration application and
absentee ballot application.''.
[[Page 115 STAT. 1279]]
(2) Conforming amendment.--Section 101(b)(2) of such Act (42
U.S.C. 1973ff(b)(2)) is amended by striking ``as recommended in
section 104'' and inserting ``as required under section
102(4)''.
(b) Use of Single Application for All Subsequent Elections.--Section
104 of such Act (42 U.S.C. 1973ff-3) is amended to read as follows:
``SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT
ELECTIONS.
``(a) In General.--If a State accepts and processes an official post
card form (prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter for simultaneous voter
registration and absentee ballot application (in accordance with section
102(a)(4)) and the voter requests that the application be considered an
application for an absentee ballot for each subsequent election for
Federal office held in the State during that year, the State shall
provide an absentee ballot to the voter for each subsequent election for
Federal office held in the State during that year.
``(b) Exception for Voters Changing Registration.--Subsection (a)
shall not apply with respect to a voter registered to vote in a State
for any election held after the voter notifies the State that the voter
no longer wishes to be registered to vote in the State or after the
State determines that the voter has registered to vote in another State.
``(c) Revision of Official Post Card Form.--The Presidential
designee shall revise the official post card form (prescribed under
section 101) to enable a voter using the form to--
``(1) request an absentee ballot for each election for
Federal office held in a State during a year; or
``(2) request an absentee ballot for only the next scheduled
election for Federal office held in a State.
``(d) No Effect on Voter Removal Programs.--Nothing in this section
may be construed to prevent a State from removing any voter from the
rolls of registered voters in the State under any program or method
permitted under section 8 of the National Voter Registration Act of
1993.''.
SEC. 1607. USE OF CERTAIN DEPARTMENT OF DEFENSE FACILITIES AS
POLLING PLACES.
(a) Use of Military Facilities.--Section 2670 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(b) Use of Certain Facilities as Polling Places.--(1)
Notwithstanding chapter 29 of title 18 (including sections 592 and 593
of such title) or any other provision of law, the Secretary of Defense
or Secretary of a military department may not (except as provided in
paragraph (3)) prohibit the designation or use of a qualifying facility
under the jurisdiction of the Secretary as an official polling place for
local, State, or Federal elections.
``(2) A Department of Defense facility is a qualifying facility for
purposes of this subsection if as of December 31, 2000--
``(A) the facility is designated as an official polling
place by a State or local election official; or
``(B) the facility has been used as such an official polling
place since January 1, 1996.
[[Page 115 STAT. 1280]]
``(3) The limitation in paragraph (1) may be waived by the Secretary
of Defense or Secretary of the military department concerned with
respect to a particular Department of Defense facility if the Secretary
of Defense or Secretary concerned determines that local security
conditions require prohibition of the designation or use of that
facility as an official polling place for any election.''.
(b) Conforming and Clerical Amendments.--(1) Such section 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. Military installations: use by American National Red
Cross; use 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. Military installations: use by American National Red Cross; use
as polling places.''.
DIVISION <<NOTE: Military Construction Authorization Act for Fiscal Year
2002.>> 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.
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.
Sec. 2106. Modification of authority to carry out certain fiscal year
2000 projects.
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:
[[Page 115 STAT. 1281]]
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama...................... Anniston Army Depot..... $5,150,000
Fort Rucker............. $18,200,000
Redstone Arsenal........ $9,900,000
Alaska....................... Fort Richardson......... $115,000,000
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............. $34,600,000
Fort Gordon............. $34,000,000
Fort Stewart/Hunter Army $39,800,000
Air Field..............
Hawaii....................... Kahuku Windmill Site.... $900,000
Navy Public Works $11,800,000
Center, Pearl Harbor...
Pohakuloa Training $6,600,000
Facility...............
Wheeler Army Air Field.. $50,000,000
Illinois..................... Rock Island Arsenal..... $3,500,000
Kansas....................... Fort Riley.............. $10,900,000
Kentucky..................... Fort Campbell........... $88,900,000
Fort Knox............... $12,000,000
Louisiana.................... Fort Polk............... $21,200,000
Maryland..................... Aberdeen Proving Ground. $58,300,000
Fort Meade.............. $11,200,000
Missouri..................... Fort Leonard Wood....... $7,850,000
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............... $56,350,000
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............ $65,650,000
Texas........................ Corpus Christi Army $10,400,000
Depot.
Fort Sam Houston........ $2,250,000
Fort Bliss.............. $5,000,000
Fort Hood............... $104,200,000
Virginia..................... Fort Belvoir............ $35,950,000
Fort Eustis............. $34,650,000
Fort Lee................ $23,900,000
Washington................... Fort Lewis.............. $238,200,000
----------------
Total:.............. $1,358,750,000
------------------------------------------------------------------------
[[Page 115 STAT. 1282]]
(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
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Germany...................... Area Support Group, $36,000,000
Bamberg................
Area Support Group, $13,500,000
Darmstadt..............
Baumholder.............. $9,000,000
Hanau................... $7,200,000
Heidelberg.............. $15,300,000
Mannheim................ $16,000,000
Wiesbaden Air Base...... $26,300,000
Japan........................ Camp Schab.............. $3,800,000
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
Camp Yongsan............ $12,800,000
Kwajalein.................... Kwajalein Atoll......... $11,000,000
----------------
Total:.............. $260,343,000
------------------------------------------------------------------------
(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
Kansas.................................. Fort Leavenworth........... 80 Units................... $20,000,000
Texas................................... Fort Bliss................. 76 Units................... $13,600,000
Fort Sam Houston........... 80 Units................... $11,200,000
Korea................................... Camp Humphreys............. 54 Units................... $12,800,000
-------------
Total:................. $80,400,000
----------------------------------------------------------------------------------------------------------------
[[Page 115 STAT. 1283]]
(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 $3,155,594,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,127,750,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $260,343,000.
(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, $159,533,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $312,742,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,089,573,000.
(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.
[[Page 115 STAT. 1284]]
(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), and (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 Boulevard, at Fort Carson, Colorado);
(4) $36,000,000 (the balance of the amount authorized under
section 2201(a) for construction of phase 1 of a basic combat
training complex at Fort Jackson, South Carolina); and
(5) $102,000,000 (the balance of the amount authorized under
section 2201(a) for construction of a barracks complex, 17th & B
Streets, at Fort Lewis, Washington).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (15) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
$29,866,000, which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and military family
housing support outside the
[[Page 115 STAT. 1285]]
United States and savings resulting from favorable bids, reduced
overhead charges, and cancellations due to force structure changes.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 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
``$69,800,000'';
(2) in the item relating to Fort Drum, New York, by striking
``$18,000,000'' in the amount column and inserting
``$21,000,000'';
(3) in the item relating to Fort Hood, Texas, by striking
``$36,492,000'' in the amount column and inserting
``$39,492,000''; and
(4) by striking the amount identified as the total in the
amount column and inserting ``$626,374,000''.
(b) Conforming Amendments.--Section 2104 of that Act (114 Stat.
1654A-391) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``$1,925,344,000'' and inserting
``$1,935,744,000''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``$22,600,000''
and inserting ``$27,000,000'';
(B) in paragraph (3), by striking ``$10,000,000''
and inserting ``$13,000,000''; and
(C) in paragraph (6), by striking ``$6,000,000'' and
inserting ``$9,000,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2000 PROJECTS.
Section 2104 of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 826), as
amended by section 2105(c) of the Spence Act; 114 Stat. 1654A-393), is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``$2,358,331,000'' and inserting
``$2,321,931,000''; and
(B) in paragraph (1), by striking ``$930,058,000''
and inserting ``$893,658,000''; and
(2) in subsection (b)(7), by striking ``$102,500,000'' and
inserting ``$138,900,000''.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2001 projects.
Sec. 2206. Modification of authority to carry out certain fiscal year
2000 project.
[[Page 115 STAT. 1286]]
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
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Arizona...................... Marine Corps Air $22,570,000
Station, Yuma..........
California................... Marine Air-Ground Task $75,125,000
Force Training Center,
Twentynine Palms.......
Marine Corps Air $4,470,000
Station, Camp Pendleton
Marine Corps Base, Camp $96,490,000
Pendleton..............
Naval Air Facility, El $23,520,000
Centro.................
Naval Air Station, $10,010,000
Lemoore................
Naval Air Warfare $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 Diego $47,240,000
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, Pensacola $3,700,000
Hawaii....................... Marine Corps Base, $24,920,000
Kaneohe................
Naval Magazine Lualualei $6,000,000
Naval Shipyard, Pearl $20,000,000
Harbor.
Naval Station, Pearl $54,700,000
Harbor.
Navy Public Works $16,900,000
Center, Pearl Harbor...
Illinois..................... Naval Training Center, $82,260,000
Great Lakes............
Indiana...................... Naval Surface Warfare $14,930,000
Center, Crane..........
Maine........................ Naval Air Station, $67,395,000
Brunswick.
Naval Shipyard, $14,620,000
Portsmouth.............
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 Air Station, $3,370,000
Meridian.
Naval Construction $21,660,000
Battalion Center,
Gulfport...............
Naval Station, $4,680,000
Pascaguola.............
Missouri..................... Marine Corps Support $9,010,000
Activity, Kansas City..
Nevada....................... Naval Air Station, $6,150,000
Fallon.................
New Jersey................... Naval Weapons Station, $4,370,000
Earle..................
[[Page 115 STAT. 1287]]
North Carolina............... Marine Corps Air $4,050,000
Station, New River.....
Marine Corps Base, Camp $67,070,000
Lejeune................
Pennsylvania................. Naval Foundry and $14,800,000
Propeller Center,
Philadelphia...........
Rhode Island................. Naval Station, Newport.. $15,290,000
Naval Underwater Warfare $9,370,000
Center, Newport........
South Carolina............... Marine Corps Air $8,020,000
Station, Beaufort......
Marine Corps Recruit $5,430,000
Depot, Parris Island...
Tennessee.................... Naval Support Activity, $3,900,000
Millington.............
Virginia..................... Marine Corps Air $3,790,000
Facility, Quantico.....
Marine Corps Combat Dev $9,390,000
Com....................
Naval Amphibious Base, $9,090,000
Little Creek...........
Naval Station, Norfolk.. $139,270,000
Washington................... Naval Air Station, $7,370,000
Whidbey Island.........
Naval Station, Everett.. $6,820,000
Strategic Weapons $3,900,000
Facility, Bangor.......
----------------
Total:.............. $1,058,750,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Greece....................... Naval Support Activity $12,240,000
Joint Headquarters
Command, Larissa.......
Naval Support Activity, $3,210,000
Souda Bay..............
Guam......................... Naval Station, Guam..... $9,300,000
Navy Public Works $14,800,000
Center, Guam.
Iceland...................... Naval Air Station, $2,820,000
Keflavik.
Italy........................ Naval Air Station, $3,060,000
Sigonella.
Spain........................ Naval Station, Rota..... $2,240,000
----------------
Total:.............. $47,670,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire family
housing units (including land acquisition) at the installations, for the
purposes, and in the amounts set forth in the following table:
[[Page 115 STAT. 1288]]
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 Harbor 70 Units.................. $16,827,000
Mississippi............................. Naval Construction 160 Units.................. $23,354,000
Battalion Center, Gulfport
Virginia................................ Marine Corps Combat 60 Units.................. $7,000,000
Development Command,
Quantico..................
Italy................................... Naval Air Station, 10 Units.................. $2,403,000
Sigonella.................
-------------
Total:................. $121,847,000
----------------------------------------------------------------------------------------------------------------
(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 $203,434,000.
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 $2,366,742,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $1,005,410,000.
(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, $39,557,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $331,780,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $910,095,000.
[[Page 115 STAT. 1289]]
(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 2206 of this Act, $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 Station, Bremerton,
Washington, formerly Naval Shipyard, Bremerton, Puget Sound,
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), as amended by section
2205 of this Act, $24,460,000.
(10) For construction of an industrial skills center at
Puget Sound Naval Shipyard, Bremerton, Washington, formerly
Naval Shipyard, Bremerton, Puget Sound, 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), as amended by section 2205 of this Act,
$14,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 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 (10) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
$82,626,000, which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and military family
housing support outside the United States and savings resulting from
favorable bids, reduced overhead charges, and cancellations due to force
structure changes.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2001 PROJECTS.
(a) Authorized Construction and Land Acquisition.--The table in
section 2201(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A-395) is
amended--
[[Page 115 STAT. 1290]]
(1) in the item relating to Naval Shipyard, Bremerton, Puget
Sound, Washington, by striking ``$100,740,000'' in the amount
column and inserting ``$102,460,000'';
(2) in the item relating to Naval Station, Bremerton,
Washington, by striking ``$11,930,000'' in the amount column and
inserting ``$1,930,000''; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$803,217,000''.
(b) Planning and Design.--Section 2204(a) of that Act (114 Stat.
1654A-398) is amended--
(1) in the matter preceding paragraph (1), by striking
``$2,227,995,000'' and inserting ``$2,208,407,000''; and
(2) in paragraph (4), by striking ``$73,335,000'' and
inserting ``$53,747,000''.
(c) Conforming Amendment.--Section 2204(b)(4) of that Act (114 Stat.
1654A-398) is amended by striking ``$10,280,000'' and inserting
``$14,000,000''.
SEC. 2206. 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 Amendment.--Section 2204(b)(3) of that Act (113 Stat.
831) is amended by striking ``$70,180,000'' and inserting
``$73,180,000''.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
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 projects.
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:
[[Page 115 STAT. 1291]]
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama...................... Maxwell Air Force Base.. $34,400,000
Alaska....................... Eareckson Air Force Base $4,600,000
Elmendorf Air Force Base $32,200,000
Arizona...................... Davis-Monthan Air Force $23,500,000
Base...................
Luke Air Force Base..... $4,500,000
Arkansas..................... Little Rock Air Force $18,100,000
Base...................
California................... Beale Air Force Base.... $7,900,000
Edwards Air Force Base.. $16,300,000
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 Base $30,400,000
United States Air Force $25,500,000
Academy................
Delaware..................... Dover Air Force Base.... $7,300,000
District of Columbia......... Bolling Air Force Base.. $2,900,000
Florida...................... Cape Canaveral Air Force $7,800,000
Station................
Eglin Air Force Base.... $11,400,000
Hurlburt Field.......... $10,400,000
Tyndall Air Force Base.. $20,350,000
Georgia...................... Moody Air Force Base.... $8,600,000
Robins Air Force Base... $14,650,000
Idaho........................ Mountain Home Air Force $14,600,000
Base...................
Kansas....................... McConnell Air Force Base $5,100,000
Louisiana.................... Barksdale Air Force Base $5,000,000
Maryland..................... Andrews Air Force Base.. $19,420,000
Massachusetts................ Hanscom Air Force Base.. $9,400,000
Mississippi.................. Columbus Air Force Base. $5,000,000
Keesler Air Force Base.. $28,600,000
Montana...................... Malmstrom Air Force Base $4,650,000
Nevada....................... Nellis Air Force Base... $31,600,000
New Jersey................... McGuire Air Force Base.. $36,550,000
New Mexico................... Cannon Air Force Base... $9,400,000
Kirtland Air Force Base. $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 $28,250,000
Force Base.............
Oklahoma..................... Altus Air Force Base.... $20,200,000
Tinker Air Force Base... $21,400,000
South Carolina............... Shaw Air Force Base..... $5,800,000
South Dakota................. Ellsworth Air Force Base $12,200,000
Tennessee.................... Arnold Air Force Base... $24,400,000
Texas........................ Dyess Air Force Base.... $16,800,000
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 Base $2,800,000
McChord Air Force Base.. $20,700,000
Wyoming...................... F. E. Warren Air Force $10,200,000
Base.
----------------
Total:.............. $891,270,000
------------------------------------------------------------------------
(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:
[[Page 115 STAT. 1292]]
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Germany...................... Ramstein Air Force Base. $42,900,000
Spangdahlem Air Base.... $8,700,000
Guam......................... Andersen Air Force Base. $10,150,000
Italy........................ Aviano Air Base......... $11,800,000
Korea........................ Kunsan Air Base......... $12,000,000
Osan Air Base........... $101,142,000
Oman......................... Masirah................. $8,000,000
Turkey....................... Eskisehir............... $4,000,000
Incirlik................ $5,500,000
United Kingdom............... Royal Air Force, $11,300,000
Lakenheath.
Royal Air Force, $22,400,000
Mildenhall.
Wake Island.................. Wake Island............. $25,000,000
----------------
Total:.............. $262,892,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(3), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installation and location, and in
the amount, set forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide........ Classified Location..... $4,458,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State 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
Idaho.................................. Mountain Home Air Force 56 Units................. $10,000,000
Base......................
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:................ $150,800,000
----------------------------------------------------------------------------------------------------------------
[[Page 115 STAT. 1293]]
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(6)(A), the Secretary
of the Air Force may carry out architectural and engineering services
and construction design activities with respect to the construction or
improvement of military family housing units in an amount not to exceed
$24,558,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(6)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$375,345,000.
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 $2,573,122,000,
as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $879,270,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $223,592,000.
(3) For a military construction project at an unspecified
worldwide location 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, $94,970,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $550,703,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $844,715,000.
(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 of this
Act.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a);
(2) $12,000,000 (the balance of the amount authorized under
section 2301(a) for a maintenance depot hanger at Hill Air Force
Base, Utah);
(3) $15,300,000 (the balance of the amount authorized under
section 2301(b) for repair of an airfield runway at Wake
Island); and
[[Page 115 STAT. 1294]]
(4) $24,000,000 (the balance of the amount authorized under
section 2301(b) for a civil engineer complex at Osan Air Force
Base, Korea).
(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
$48,436,000, which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and military family
housing support outside the United States and savings resulting from
favorable bids, reduced overhead charges, and cancellations due to force
structure changes.
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2001 PROJECTS.
(a) McGuire Air Force Base.--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) Mountain Home Air Force Base.--The table in section 2302(a) of
that Act (114 Stat. 1654A-400) is amended in the item relating to
Mountain Home Air Force Base, Idaho, by striking ``119 Units'' in the
purpose column and inserting ``46 Units''.
(c) Conforming Amendment.--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.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Cancellation of authority to carry out certain fiscal year
2001 projects.
Sec. 2405. 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.
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:
[[Page 115 STAT. 1295]]
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------
Defense Education Activity... Laurel Bay, South $12,850,000
Carolina...............
Marine Corps Base, Camp $8,857,000
Lejeune, North Carolina
Defense Logistics Agency..... Defense Distribution $30,000,000
Depot Tracy, California
Defense Distribution New $19,900,000
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 Ground, $3,200,000
Maryland...............
CONUS Classified........ $2,400,000
Fort Benning, Georgia... $5,100,000
Fort Bragg, North $33,562,000
Carolina...............
Fort Lewis, Washington.. $6,900,000
Hurlburt Field, Florida. $13,400,000
MacDill Air Force Base, $12,000,000
Florida................
Naval Station, San $13,650,000
Diego, California......
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 Army $11,000,000
Air Field, Georgia.....
Holloman Air Force Base, $5,700,000
New Mexico.............
Hurlburt Field, Florida. $8,800,000
Marine Corps Base, Camp $15,300,000
Pendleton, California..
Marine Corps Logistics $5,800,000
Base, Albany, Georgia..
Naval Air Station, $6,600,000
Whidbey Island,
Washington.............
Naval Hospital, $1,600,000
Twentynine Palms,
California.............
Naval Station, Mayport, $24,000,000
Florida................
Naval Station, Norfolk, $21,000,000
Virginia...............
Schriever Air Force $4,000,000
Base, Colorado.........
Washington Headquarters Pentagon Reservation, $25,000,000
Services.................... Virginia...............
----------------
Total:.............. $391,308,000
------------------------------------------------------------------------
[[Page 115 STAT. 1296]]
(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
------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------
Defense Education Activity... Aviano Air Base, Italy.. $3,647,000
Geilenkirchen AB, $1,733,000
Germany................
Heidelberg, Germany..... $3,312,000
Kaiserslautern, Germany. $1,439,000
Kitzingen, Germany...... $1,394,000
Landstuhl, Germany...... $1,444,000
Ramstein Air Force Base, $2,814,000
Germany................
Royal Air Force, $22,132,000
Feltwell, United
Kingdom................
Vogelweh Annex, Germany. $1,558,000
Wiesbaden Air Base, $1,378,000
Germany................
Wuerzburg, Germany...... $2,684,000
Defense Logistics Agency..... Anderson Air Force Base, $20,000,000
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 $27,100,000.
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 $1,481,208,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $391,308,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $140,162,000.
(3) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $24,492,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
[[Page 115 STAT. 1297]]
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $54,496,000.
(6) For energy conservation projects authorized by section
2402, $27,100,000.
(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), $632,713,000.
(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 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 of this Act,
$3,000,000.
[[Page 115 STAT. 1298]]
(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 (13) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
$17,575,000, which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and military family
housing support outside the United States and savings resulting from
favorable bids, reduced overhead charges, and cancellations due to force
structure changes.
SEC. 2404. CANCELLATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2001 PROJECTS.
(a) Cancellation of Projects at Camp Pendleton, California.--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 TRICARE Management Activity, by
striking the item relating to Marine Corps Base, Camp Pendleton,
California; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$242,756,000''.
(b) Cancellation of Projects at Unspecified Worldwide Locations.--
Section 2401(c) of that Act (114 Stat. 1654A-404) is amended by striking
``$451,135,000'' and inserting ``$30,065,000''.
(c) Treatment of Authorization of Appropriations for Certain
Canceled Projects.--Of the amount authorized to be appropriated by
section 2403(a) of that Act (114 Stat. 1654A-404), and paragraph (1) of
that section, $14,150,000 shall be available for purposes relating to
construction of the Portsmouth Naval Hospital, Virginia, as authorized
by section 2401(a) of the Military Construction Authorization Act for
Fiscal Years 1990 and 1991 (division B of Public Law 101-189; 103 Stat.
1640).
(d) Reduction in Authorization of Appropriations for Projects at
Unspecified Worldwide Locations.--Section 2403 of that Act (114 Stat.
1654A-404) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``$1,883,902,000'' and inserting
``$1,828,872,000''; and
(B) in paragraph (3), by striking ``$85,095,000''
and inserting ``$30,065,000''; and
(2) in subsection (b), by striking ``may not exceed--'' and
all that follows through the end of the subsection and inserting
``may not exceed the total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a).''.
SEC. 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. 835) is amended--
(1) under the agency heading relating to Chemical
Demilitarization, in the item relating to Blue Grass Army Depot,
[[Page 115 STAT. 1299]]
Kentucky, by striking ``$206,800,000'' in the amount column and
inserting ``$254,030,000'';
(2) under the agency heading relating to TRICARE Management
Agency--
(A) in the item relating to Fort Wainwright, Alaska,
by striking ``$133,000,000'' in the amount column and
inserting ``$215,000,000''; and
(B) by striking the item relating to Naval Air
Station, Whidbey Island, Washington; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$711,950,000''.
(b) Treatment of Authorization of Appropriations for Canceled
Whidbey Island Project.--Of the amount authorized to be appropriated by
section 2405(a) of that Act (113 Stat. 837), and paragraph (1) of that
section, $4,700,000 shall be available for purposes relating to
construction of the Portsmouth Naval Hospital, Virginia, as authorized
by section 2401(a) of the Military Construction Authorization Act for
Fiscal Years 1990 and 1991 (division B of Public Law 101-189; 103 Stat.
1640).
(c) Conforming Amendments.--Section 2405(b) of that Act (113 Stat.
839) is amended--
(1) in paragraph (2), by striking ``$115,000,000'' and
inserting ``$197,000,000''; and
(2) in paragraph (3), by striking ``$184,000,000'' and
inserting ``$231,230,000''.
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 1999 PROJECT.
(a) Modification.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2193) 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 Amendment.--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''.
[[Page 115 STAT. 1300]]
SEC. 2408. PROHIBITION ON EXPENDITURES TO DEVELOP FORWARD
OPERATING LOCATION ON ARUBA.
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.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
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.
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, $393,253,000; and
(B) for the Army Reserve, $168,969,000.
[[Page 115 STAT. 1301]]
(2) For the Department of the Navy, for the Naval and Marine
Corps Reserve, $52,896,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$253,852,000; and
(B) for the Air Force Reserve, $73,032,000.
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.
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2004; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2005.
(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have been
obligated before the later of--
(1) October 1, 2004; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2005 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization Security
Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1999
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2199), authorizations set forth in the
tables in subsection (b), as provided in section 2302 or 2601 of that
Act, shall remain in effect until October 1, 2002, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2003, whichever is later.
[[Page 115 STAT. 1302]]
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Air Force: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Delaware.............................. Dover Air Force Base..... Replace Family Housing (55 $8,998,000
units)......................
Florida............................... Patrick Air Force Base... Replace Family Housing (46 $9,692,000
units)......................
New Mexico............................ Kirtland Air Force Base.. Replace Family Housing (37 $6,400,000
units)......................
Ohio.................................. Wright-Patterson Air Replace Family Housing (40 $5,600,000
Force Base.............. units)......................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Massachusetts......................... Westfield................ Army Aviation Support $9,274,000
Facility....................
South Carolina........................ Spartanburg.............. Readiness Center............. $5,260,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1998
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1998 (division B of
Public Law 105-85; 111 Stat. 1984), authorizations set forth in the
tables in subsection (b), as provided in section 2102, 2202, or 2302 of
that Act and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of the Spence Act;
114 Stat. 1654A-408), shall remain in effect until October 1, 2002, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2003, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 1998 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland.............................. Fort Meade............... Family Housing Construction $7,900,000
(56 units)..................
----------------------------------------------------------------------------------------------------------------
[[Page 115 STAT. 1303]]
Navy: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Naval Complex, San Diego. Replace Family Housing (94 $13,500,000
units)......................
California............................ Marine Corps Air Station, Family Housing Construction $28,881,000
Miramar................. (166 units).................
Louisiana............................. Naval Complex, New Replace Family Housing (100 $11,930,000
Orleans................. 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.. Replace Family Housing (180 $20,900,000
units)......................
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on
the later of--
(1) October 1, 2001; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in thresholds for certain unspecified minor military
construction projects.
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. Funds for housing allowances of members assigned to military
family housing under alternative authority for
acquisition and improvement of military housing.
Sec. 2805. Extension of alternative authority for acquisition and
improvement of military housing.
Sec. 2806. Treatment of financing costs as allowable expenses under
contracts for utility services from utility
systems conveyed under privatization initiative.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Use of military installations for certain recreational
activities.
Sec. 2812. Availability of proceeds of sales of Department of Defense
property from certain closed military
installations.
Sec. 2813. Pilot program to provide additional tools for efficient
operation of military installations.
Sec. 2814. Demonstration program on reduction in long-term facility
maintenance costs.
[[Page 115 STAT. 1304]]
Sec. 2815. Base efficiency project at Brooks Air Force Base, Texas.
Subtitle C--Implementation of Prior Base Closure and Realignment Rounds
Sec. 2821. Lease back of base closure property.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Land conveyance, Whittier-Anchorage Pipeline Tank Farm,
Anchorage, Alaska.
Sec. 2832. Lease authority, Fort DeRussy, Hawaii.
Sec. 2833. Modification of land exchange, Rock Island Arsenal, Illinois.
Sec. 2834. Land conveyance, Fort Des Moines, Iowa.
Sec. 2835. Modification of land conveyances, Fort Dix, New Jersey.
Sec. 2836. Land conveyance, Engineer Proving Ground, Fort Belvoir,
Virginia.
Sec. 2837. Land exchange and consolidation, Fort Lewis, Washington.
Sec. 2838. Land conveyance, Army Reserve Center, Kewaunee, Wisconsin.
Part II--Navy Conveyances
Sec. 2841. Transfer of jurisdiction, Centerville Beach Naval Station,
Humboldt County, California.
Sec. 2842. Land conveyance, Port of Long Beach, California.
Sec. 2843. Conveyance of pier, Naval Base, San Diego, California.
Sec. 2844. Modification of authority for conveyance of Naval Computer
and Telecommunications Station, Cutler, Maine.
Sec. 2845. Land transfer and conveyance, Naval Security Group Activity,
Winter Harbor, Maine.
Sec. 2846. Land acquisition, Perquimans County, North Carolina.
Sec. 2847. Land conveyance, Naval Weapons Industrial Reserve Plant,
Toledo, Ohio.
Sec. 2848. Modification of land conveyance, former United States Marine
Corps Air Station, Eagle Mountain Lake, Texas.
Part III--Air Force Conveyances
Sec. 2851. Conveyance of avigation easements, former Norton Air Force
Base, California.
Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base,
Colorado.
Sec. 2853. Water rights conveyance, Andersen Air Force Base, Guam.
Sec. 2854. Conveyance of segment of Loring petroleum pipeline, Maine,
and related easements.
Sec. 2855. Land conveyance, petroleum terminal serving former Loring Air
Force Base and Bangor Air National Guard Base,
Maine.
Sec. 2856. Land conveyances, certain former Minuteman III ICBM
facilities in North Dakota.
Sec. 2857. Land conveyances, Charleston Air Force Base, South Carolina.
Sec. 2858. Transfer of jurisdiction, Mukilteo Tank Farm, Everett,
Washington.
Subtitle E--Other Matters
Sec. 2861. Management of the Presidio of San Francisco.
Sec. 2862. Transfer of jurisdiction for development of Air Force morale,
welfare, and recreation facility, Park City, Utah.
Sec. 2863. Alternate site for United States Air Force Memorial,
preservation of open space on Arlington Ridge
tract, and related land transfer at Arlington
National Cemetery, Virginia.
Sec. 2864. Establishment of memorial to victims of terrorist attack on
Pentagon Reservation and authority to accept
monetary contributions for memorial and repair of
Pentagon.
Sec. 2865. Repeal of limitation on cost of renovation of Pentagon
Reservation.
Sec. 2866. Development of United States Army Heritage and Education
Center at Carlisle Barracks, Pennsylvania.
Sec. 2867. Effect of limitation on construction of roads or highways,
Marine Corps Base, Camp Pendleton, California.
Sec. 2868. Establishment of World War II memorial at additional location
on Guam.
Sec. 2869. Demonstration project for purchase of fire, security, police,
public works, and utility services from local
government agencies.
Sec. 2870. Report on future land needs of United States Military
Academy, New York, and adjacent community.
Sec. 2871. Naming of Patricia C. Lamar Army National Guard Readiness
Center, Oxford, Mississippi.
[[Page 115 STAT. 1305]]
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCREASE IN THRESHOLDS FOR CERTAIN UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS.
(a) Projects Requiring Advance Approval of Secretary Concerned.--
Subsection (b)(1) of section 2805 of title 10, United States Code, is
amended by striking ``$500,000'' and inserting ``$750,000''.
(b) Projects Using Amounts for Operation and Maintenance.--
Subsection (c)(1) of that section is amended--
(1) in subparagraph (A), by striking ``$1,000,000'' and
inserting ``$1,500,000''; and
(2) in subparagraph (B), by striking ``$500,000'' and
inserting ``$750,000''.
SEC. 2802. 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 to the following:
``(1) The settlement of a contractor claim under a contract.
``(2) 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. FUNDS FOR HOUSING ALLOWANCES OF MEMBERS ASSIGNED TO
MILITARY FAMILY HOUSING UNDER
ALTERNATIVE AUTHORITY FOR ACQUISITION
AND IMPROVEMENT OF MILITARY HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10, United
States Code, is amended by inserting after section 2883 the following
new section:
``Sec. 2883a. Funds for housing allowances of members of the armed
forces assigned to certain military family
housing units
``(a) Authority to Transfer Funds To Cover Housing Allowances.--
During the fiscal year in which a contract is awarded for the
acquisition or construction of military family
[[Page 115 STAT. 1306]]
housing units under this subchapter that are not to be owned by the
United States, the Secretary of Defense may transfer the amount
determined under subsection (b) with respect to such housing from
appropriations available for support of military housing for the armed
force concerned for that fiscal year to appropriations available for pay
and allowances of military personnel of that same armed force for that
same fiscal year.
``(b) Amount Transferred.--The total amount authorized to be
transferred under subsection (a) in connection with a contract under
this subchapter may not exceed an amount equal to any additional amounts
payable during the fiscal year in which the contract is awarded to
members of the armed forces assigned to the acquired or constructed
housing units as basic allowance for housing under section 403 of title
37 that would not otherwise have been payable to such members if not for
assignment to such housing units.
``(c) Transfers Subject to Appropriations.--The transfer of funds
under the authority of subsection (a) is limited to such amounts as may
be provided in advance in appropriations Acts.''.
(b) Clerical Amendment.--The table of sections at the beginning of
that subchapter is amended by inserting after the item relating to
section 2883 the following new item:
``2883a. Funds for housing allowances of members of the armed forces
assigned to certain military family housing units.''.
SEC. 2805. EXTENSION OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
Section 2885 of title 10, United States Code, is amended by striking
``2004'' and inserting ``2012''.
SEC. 2806. TREATMENT OF FINANCING COSTS AS ALLOWABLE EXPENSES
UNDER CONTRACTS FOR UTILITY SERVICES
FROM UTILITY SYSTEMS CONVEYED UNDER
PRIVATIZATION INITIATIVE.
(a) Evaluation of Federal Acquisition Regulation.--The Secretary of
Defense shall conduct an evaluation of the Federal Acquisition
Regulation to determine whether or not it is advisable to modify the
Federal Acquisition Regulation to provide that a contract for utility
services from a utility system conveyed under section 2688(a) of title
10, United States Code, may include terms and conditions that recognize
financing costs, such as return on equity and interest on debt, as an
allowable expense when incurred by the conveyee of the utility system to
acquire, operate, renovate, replace, upgrade, repair, or expand the
utility system. The Secretary shall complete the evaluation not later
than 90 days after the date of the enactment of this Act.
(b) Submission of Recommendation to Federal Acquisition Regulatory
Council.--If the Secretary determines under subsection (a) that it is
advisable to modify the Federal Acquisition Regulation to provide that a
contract described in such subsection may include terms and conditions
described in such subsection, the Secretary shall submit the results of
the evaluation to the Federal Acquisition Regulatory Council together
with a recommendation regarding the amendments to the Federal
Acquisition Regulation necessary to effectuate the modification.
[[Page 115 STAT. 1307]]
Subtitle B--Real Property and Facilities Administration
SEC. 2811. USE OF MILITARY INSTALLATIONS FOR CERTAIN RECREATIONAL
ACTIVITIES.
(a) Waiver Authority.--Section 2671 of title 10, United States Code,
is amended--
(1) in subsection (b), by striking ``(b)'' and inserting
``(e) Regulations.--'' and transferring the subsection to the
end of the section; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Waiver Authority.--(1) The Secretary of Defense may waive or
otherwise modify the fish and game laws of a State or Territory
otherwise applicable under subsection (a)(1) to hunting, fishing, or
trapping at a military installation or facility if the Secretary
determines that the application of such laws to such hunting, fishing,
or trapping without modification could result in undesirable
consequences for public health or safety at the installation or
facility. The authority to waive such laws includes the authority to
extend, but not reduce, the specified season for certain hunting,
fishing, or trapping. The Secretary may not waive 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.
``(2) If the Secretary determines that a waiver of fish and game
laws of a State or Territory is appropriate under paragraph (1), the
Secretary shall provide written notification to the appropriate State or
Territory officials stating the reasons for, and extent of, the waiver.
The notification shall be provided at least 30 days before
implementation of the waiver.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``General Requirements
for Hunting, Fishing, and Trapping.--'' after ``(a)'';
(2) in subsection (c), by inserting ``Violations.--'' after
``(c)''; and
(3) in subsection (d), by inserting ``Relation to Treaty
Rights.--'' after ``(d)''.
SEC. 2812. AVAILABILITY OF PROCEEDS OF SALES OF DEPARTMENT OF
DEFENSE PROPERTY FROM CERTAIN CLOSED
MILITARY INSTALLATIONS.
(a) Modification of Availability Percentages.--Subsection (h)(2) of
section 204 of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 485) is amended by striking subparagraphs (A) and (B)
and inserting the following new subparagraphs:
``(A) In the case of property located at a military
installation that is closed, such amount shall be available for
facility maintenance and repair or environmental restoration by
the military department that had jurisdiction over such property
before the closure of the military installation.
``(B) In the case of property located at any other military
installation--
[[Page 115 STAT. 1308]]
``(i) 50 percent of such amount shall be available
for facility maintenance and repair or environmental
restoration at the military installation where such
property was located before it was disposed of or
transferred; and
``(ii) 50 percent of such amount shall be available
for facility maintenance and repair and for
environmental restoration by the military department
that had jurisdiction over such property before it was
disposed of or transferred.''.
(b) Relation to Other Laws.--Subsection (h) of such section is
further amended--
(1) in paragraph (1), by inserting ``pursuant to a base
closure law'' after ``realignment'' in the first sentence; and
(2) in paragraph (5), by inserting before the period at the
end the following: ``, and the term `base closure law' shall
have the meaning given that term in section 2667(h)(2) of such
title''.
SEC. 2813. PILOT <<NOTE: 10 USC 2661 note.>> PROGRAM TO PROVIDE
ADDITIONAL TOOLS FOR EFFICIENT OPERATION
OF MILITARY INSTALLATIONS.
(a) Initiative Authorized.--The Secretary of Defense may carry out a
pilot program (to be known as the ``Pilot Efficient Facilities
Initiative'') for purposes of determining the potential for increasing
the efficiency and effectiveness of the operation of military
installations.
(b) Designation of Participating Military Installations.--(1) The
Secretary of Defense may designate up to two military installations of
each military department for participation in the Initiative.
(2) Before designating a military installation under paragraph (1),
the Secretary shall consult with employees at the installation and
communities in the vicinity of the installation regarding the
Initiative.
(3) <<NOTE: Notification. Deadline.>> The Secretary shall transmit
to Congress written notification of the designation of a military
installation to participate in the Initiative not later than 30 days
before taking any action to carry out the Initiative at the
installation. The notification shall include a description of the steps
taken by the Secretary to comply with paragraph (2).
(c) Management Plan.--(1) As part of the notification required under
subsection (b), the Secretary of Defense shall submit a management plan
for the Initiative at the military installation designated in the
notification.
(2) The management plan for a designated military installation shall
include a description of--
(A) each proposed lease of real or personal property located
at the military installation;
(B) each proposed disposal of real or personal property
located at the installation;
(C) each proposed leaseback of real or personal property
leased or disposed of at the installation;
(D) each proposed conversion of services at the installation
from Federal Government performance to non-Federal Government
performance, including performance by contract with a State or
local government or private entity or performance as
consideration for the lease or disposal of property at the
installation; and
[[Page 115 STAT. 1309]]
(E) each other action proposed to be taken to improve
mission effectiveness and reduce the cost of providing quality
installation support at the installation.
(3) With respect to each proposed action described under paragraph
(2), the management plan shall include--
(A) an estimate of the savings expected to be achieved as a
result of the action;
(B) each regulation not required by statute that is proposed
to be waived to implement the action; and
(C) each statute or regulation required by statute that is
proposed to be waived to implement the action, including--
(i) an explanation of the reasons for the proposed
waiver; and
(ii) a description of the action to be taken to
protect the public interests served by the statute or
regulation, as the case may be, in the event of the
waiver.
(4) The management plan shall include measurable criteria for the
evaluation of the effects of the actions taken pursuant to the
Initiative at the designated military installation.
(d) Waiver of Statutory Requirements.--The Secretary of Defense may
waive any statute, or regulation required by statute, for purposes of
carrying out the Initiative only if specific authority for the waiver of
such statute or regulation is provided in a law that is enacted after
the date of the enactment of this Act.
(e) Installation <<NOTE: Establishment.>> Efficiency Initiative
Fund.--(1) There is established on the books of the Treasury a fund to
be known as the ``Installation Efficiency Initiative Fund''.
(2) There shall be deposited in the Fund all cash rents, payments,
reimbursements, proceeds, and other amounts from leases, sales, or other
conveyances or transfers, joint activities, and other actions taken
under the Initiative.
(3) To the extent provided in advance in authorization Acts and
appropriations Acts, amounts in the Fund shall be available to the
Secretary of Defense for purposes of managing capital assets and
providing support services at military installations participating in
the Initiative. Amounts in the Fund may be used for such purposes in
addition to, or in combination with, other amounts authorized to be
appropriated for such purposes. Amounts in the Fund shall be available
for such purposes for five years.
(4) Subject to applicable financial management regulations, the
Secretary shall structure the Fund, and provide administrative policies
and procedures, in order to provide proper control of deposits in and
disbursements from the Fund.
(f) <<NOTE: Deadline.>> Report.--Not later than December 31, 2004,
the Secretary of Defense shall submit to Congress a report on the
Initiative. The report shall contain a description of the actions taken
under the Initiative and include such other information, including
recommendations, as the Secretary considers appropriate regarding the
Initiative.
(g) Definitions.--In this section:
(1) The term ``Initiative'' means the Pilot Efficient
Facilities Initiative.
(2) The term ``Fund'' means the Installation Efficiency
Initiative Fund.
(3) The term ``military installation'' has the meaning given
such term in section 2687(e) of title 10, United States Code.
[[Page 115 STAT. 1310]]
(h) Termination.--The authority of the Secretary of Defense to carry
out the Initiative shall terminate December 31, 2005.
SEC. 2814. DEMONSTRATION <<NOTE: 10 USC 2809 note.>> PROGRAM ON
REDUCTION IN LONG-TERM FACILITY
MAINTENANCE COSTS.
(a) Authority To Carry Out Program.--The Secretary of the Army may
conduct a demonstration program to assess the feasibility and
desirability of including facility maintenance requirements in
construction contracts for military construction projects for the
purpose of determining whether such requirements facilitate reductions
in the long-term facility maintenance costs of the military departments.
(b) Contracts.--Not more than three contracts entered into in any
year may contain requirements referred to in subsection (a) for the
purpose of the demonstration program. The demonstration program may only
cover contracts entered into on or after the date of the enactment of
this Act.
(c) Effective Period of Requirements.--The effective period of a
requirement referred to in subsection (a) that is included in a contract
for the purpose of the demonstration program may not exceed five years.
(d) <<NOTE: Deadline.>> Reporting Requirements.--Not later than
January 31, 2005, the Secretary of the Army shall submit to Congress a
report on the demonstration program, including the following:
(1) A description of all contracts that contain requirements
referred to in subsection (a) for the purpose of the
demonstration program.
(2) An evaluation of the demonstration program and a
description of the experience of the Secretary with respect to
such contracts.
(3) Any recommendations, including recommendations for the
termination, continuation, or expansion of the demonstration
program, that the Secretary considers appropriate.
(e) Expiration.--The authority under subsection (a) to include
requirements referred to in that subsection in contracts under the
demonstration program shall expire on September 30, 2006.
(f) Funding.--Amounts authorized to be appropriated for the Army for
a fiscal year for military construction shall be available for the
demonstration program under this section in such fiscal year.
SEC. 2815. BASE EFFICIENCY PROJECT AT BROOKS AIR FORCE BASE,
TEXAS.
(a) Administration of Project.--Section 136(m)(9) of the Military
Construction Appropriations Act, 2001 (division A of Public Law 106-246;
114 Stat. 524), 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''.
(b) <<NOTE: Deadline.>> Indemnification of Transferees.--Not later
than March 1, 2002, the Secretary of Defense shall submit to Congress a
report evaluating the base efficiency project conducted under section
136 of the Military Construction Appropriations Act, 2001 (division A of
Public Law 106-246; 114 Stat. 520). The evaluation shall address whether
the disposal of real property under subsection (e) or other provisions
of that section requires any additional authority for the Secretary
beyond the authority provided under existing law to hold harmless,
defend, and indemnify the recipients of the property against claims
arising out of Department of Defense activities
[[Page 115 STAT. 1311]]
on the property before disposal. If the Secretary determines that
inclusion of such an indemnity provision would facilitate activities
under the base efficiency project, the Secretary shall include a
recommendation in the report regarding the nature and extent of the
indemnification to be provided.
Subtitle C--Implementation of Prior Base Closure and Realignment Rounds
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), 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.''.
[[Page 115 STAT. 1312]]
(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), 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. LAND CONVEYANCE, WHITTIER-ANCHORAGE PIPELINE TANK FARM,
ANCHORAGE, ALASKA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the Port of Anchorage, an entity of the Municipality of Anchorage,
Alaska (in this section referred to as the ``Port''), 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 the
Whittier-Anchorage Pipeline Tank Farm, for the purpose of permitting the
Port to use the parcels for economic development.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the Port shall pay to the United States an amount, in
cash or in-kind, equal to not less than the fair market value of the
conveyed property, as determined by the Secretary. The Secretary may
authorize the Port to carry out, as in-kind consideration, environmental
remediation activities for the property to be conveyed.
(c) Time for Conveyance.--The Secretary may delay the conveyance
under subsection (a) until such time as the Army studies relating to the
Alaska deployment of the Interim Brigade Combat Team in Alaska are
completed.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Port.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2832. LEASE AUTHORITY, FORT DERUSSY, HAWAII.
(a) Lease Authorized.--Notwithstanding section 809 of the Military
Construction Authorization Act, 1968 (Public Law 90-
[[Page 115 STAT. 1313]]
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 and County of
Honolulu, Hawaii, for the purpose of making available to the City and
County a parcel of real property at Fort DeRussy, Hawaii, for the
construction and operation of a parking facility. The size and location
of the parcel shall be determined by the Secretary.
(b) Terms and Conditions.--The lease under subsection (a) may be for
such term of years, require such consideration, and contain such other
terms and conditions as the Secretary considers appropriate to protect
the interests of the United States.
(c) Relationship to Other Lease Authority.--Section 2667 of title
10, United States Code, shall not apply to the lease under subsection
(a).
(d) Disposition of Money Rentals.--All money rentals received
pursuant to the lease under subsection (a) shall be--
(1) retained by the Secretary;
(2) credited to an appropriation account that supports the
operation and maintenance of Fort DeRussy; and
(3) available for such purpose until expended.
SEC. 2833. 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)'' after ``Conveyance
Authorized.--''; 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)'' after ``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. 2834. LAND CONVEYANCE, FORT DES MOINES, IOWA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to Fort Des Moines Memorial Park, Inc., a
nonprofit organization (in this section referred to as the ``Memorial
Park''), all right, title, and interest of the United States in and to a
parcel of real property, including improvements thereon, consisting of
approximately 4.6 acres located at Fort Des Moines United States Army
Reserve Center, Des Moines, Iowa, for the purpose of the establishment
of the Fort Des Moines Memorial Park and Education Center.
[[Page 115 STAT. 1314]]
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Memorial Park use the
property for museum and park purposes.
(c) Reversion.--If the Secretary determines at any time that the
real property conveyed under subsection (a) is not being used for museum
and park purposes, all right, title, and interest in and to the real
property, including any improvements thereon, shall revert to the United
States, and the United States shall have the right of immediate entry
thereon.
(d) Reimbursement for Costs of Conveyance.--(1) The Memorial Park
shall reimburse the Secretary for the excess costs incurred by the
Secretary for any environmental assessment, study, or analysis, or for
any other excess costs incurred by the Secretary, in connection with the
conveyance authorized by this section, if the excess costs were incurred
as a result of a request by the Memorial Park. In this paragraph, the
term ``excess costs'' means costs in excess of those costs considered
reasonable and necessary by the Secretary to comply with existing law to
make the conveyance authorized by subsection (a).
(2) Section 2695(c) of title 10, United States Code, shall apply to
any amount received under this subsection.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Memorial Park.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2835. 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 paragraph (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. 2836. LAND CONVEYANCE, ENGINEER PROVING GROUND, FORT BELVOIR,
VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the Commonwealth of Virginia (in this section referred to as the
``Commonwealth'') all right, title, and interest of United States in and
to two parcels of real property, including any improvements thereon,
located at the Engineer Proving Ground, Fort Belvoir, Virginia, as
follows:
(1) The parcel, consisting of approximately 170 acres, that
is to be used for construction of a portion of the Fairfax
County Parkway.
(2) The parcel, consisting of approximately 11.45 acres,
that is subject to an easement previously granted to the
Commonwealth as Army easement DACA 31-3-96-440 for the
construction of a portion of Interstate Highway 95.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the Commonwealth shall--
[[Page 115 STAT. 1315]]
(1) design and construct, at its expense and for public
benefit, the portion of the Fairfax County Parkway through the
Engineer Proving Ground;
(2) provide a conceptual design for eventual incorporation
and construction by others of access into the Engineer Proving
Ground at the Rolling Road Interchange from Fairfax County
Parkway as specified in Virginia Department of Transportation
Project #R000-029-249, C514;
(3) provide such easements or rights of way for utilities
under or across the Fairfax County Parkway as the Secretary
considers appropriate for the optimum development of the
Engineer Proving Ground; and
(4) pay the United States an amount, jointly determined by
the Secretary and the Commonwealth, appropriate to cover the
costs of constructing a replacement building for building 5089
located on the Engineer Proving Ground.
(c) Responsibility for Environmental Cleanup.--The Secretary shall
retain liability under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and
any other applicable environmental statute or regulation, for any
environmental hazard on the property conveyed under subsection (a) as of
the date of the conveyance under that subsection.
(d) Acceptance and Disposition of Funds.--(1) The Secretary of the
Army may accept the funds paid by the Commonwealth as consideration
under subsection (b)(4) and shall credit the accepted funds to the
appropriation or appropriations that are appropriate for paying the
costs of the replacement of Building 5089, located on the Engineer
Proving Ground, Fort Belvoir, Virginia, consistent with paragraphs (2)
and (3) of this subsection.
(2) Funds accepted under paragraph (1) shall be available, until
expended, for the replacement of Building 5089.
(3) Funds appropriated pursuant to the authorization of
appropriations in section 301(a)(1), and funds appropriated pursuant to
the authorization of appropriations in section 2104(a)(4), shall be
available in accordance with section 2805 of title 10, United States
Code, for the excess, if any, of the cost of the replacement of Building
5089 over the amount available for such project under paragraph (2).
(e) Description of Property.--(1) The exact acreage and legal
description of the real property to be conveyed under subsection (a)(1)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Commonwealth.
(2) The exact acreage and legal description of the real property to
be conveyed under subsection (a)(2) are as set forth in Army easement
DACA 31-3-96-440.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2837. 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
[[Page 115 STAT. 1316]]
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 County, Washington, several
parcels of real property consisting of approximately 416 acres
that are owned by the county, are located 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 for
the purpose of facilitating 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 surveys
satisfactory to the Secretary and the Nisqually Tribe. The cost of a
survey shall be borne by the recipient of the property being surveyed.
(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. 2838. LAND CONVEYANCE, ARMY RESERVE CENTER, KEWAUNEE,
WISCONSIN.
(a) Conveyance Authorized.--The Administrator of General Services
may convey, without consideration, to the City of Kewaunee, Wisconsin
(in this section referred to as the ``City''), all right, title, and
interest of the United States in and to a parcel of Federal real
property, including improvements thereon, that is located at 401 5th
Street in Kewaunee, Wisconsin, and contains a surplus Army Reserve
Center. After such conveyance, the property may be used and occupied
only by the City or by another local or State government entity approved
by the City.
(b) Reversionary Interest.--(1) During the 20-year period beginning
on the date the Administrator makes the conveyance under subsection (a),
if the Administrator determines that the conveyed property is not being
used and occupied in accordance with such subsection, all right, title,
and interest in and to the property, including any improvements thereon,
shall revert to the United States.
(2) Upon reversion, the Administrator shall immediately proceed to a
public sale of the property. The Administrator shall deposit the net
proceeds from the public sale in the land and water conservation fund
established under section 2 of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C 460l-5).
[[Page 115 STAT. 1317]]
(c) Additional Limitation on Use.--The property conveyed under
subsection (a) shall not be used for commercial purposes.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Administrator. The
cost of the survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Administrator may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Administrator considers appropriate to
protect the interests of the United States.
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 subsection (a) as the Secretary of the Navy considers
appropriate to protect the interests of the United States.
SEC. 2842. LAND CONVEYANCE, PORT OF LONG BEACH, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the City of Long Beach, California, acting by and through its Board of
Harbor Commissioners (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to up to 11.08
acres of real property, including any improvements thereon, comprising a
portion of the Navy Mole at the former Long Beach Naval Complex, Long
Beach, California, for the purpose of permitting the City to use the
property to support the reuse of other former Navy property conveyed to
the City.
(b) Consideration.--(1) Subject to paragraph (2), as consideration
for the conveyance under subsection (a), the City shall--
(A) convey to the Secretary all right, title, and interest
of the City in and to a parcel of real property of equal size on
the Mole that is acceptable to the Secretary; and
(B) construct on the property conveyed under subparagraph
(A) suitable replacement fuel transfer and storage facilities
for the Navy, similar or equivalent to the facilities on the
property to be conveyed under subsection (a), as determined
necessary by the Secretary.
(2) If the Secretary determines that replacement fuel transfer and
storage facilities are not required by the Navy, the Secretary may make
the conveyance under subsection (a) at no cost to the City.
[[Page 115 STAT. 1318]]
(c) Time for Conveyance.--Unless the Secretary makes the
determination referred to in subsection (b)(2), the conveyance to the
City authorized by subsection (a) shall be made only after the Secretary
determines that the replacement fuel transfer and storage facilities
have been constructed and are ready for use.
(d) Construction Schedule.--The City shall construct the replacement
fuel transfer and storage facilities pursuant to such schedule and in
such a manner so as to not interrupt or otherwise adversely affect the
capability of the Navy to accomplish its mission.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsections (a)
and (b) shall be determined by surveys satisfactory to the Secretary.
The City shall be responsible for conducting the surveys.
(f) 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. 2843. CONVEYANCE OF PIER, NAVAL BASE, SAN DIEGO, CALIFORNIA.
(a) Conveyance Authorized.--(1) The Secretary of the Navy may
convey, without consideration, to the San Diego Aircraft Carrier Museum
or its designee (in this section referred to as the ``Museum'') all
right, title, and interest of the United States in and to the property
known as Pier 11A at Naval Base, San Diego, California, together with
associated structures and interests in the land underlying the pier, if
any, for the purpose of permitting the Museum to use the property to
berth a vessel and operate a museum for the general public.
(2) The Secretary may not make the conveyance until such time as the
Museum certifies that the Museum has acquired an interest in property
from the State of California or a political subdivision of the State to
facilitate the use of the conveyed pier to berth a vessel and operate a
museum for the general public.
(b) Assumption of Liability.--The Museum shall expressly accept any
and all liability pertaining to the physical condition of the property
conveyed under subsection (a) and shall hold the United States harmless
from any and all liability arising from the property's physical
condition.
(c) Reimbursement for Costs of Conveyance.--(1) The Museum shall
reimburse the Secretary for the excess costs incurred by the Secretary
for any environmental assessment, study, or analysis, or for any other
excess costs incurred by the Secretary, in connection with the
conveyance authorized by this section, if the excess costs were incurred
as a result of a request by the Museum. In this paragraph, the term
``excess costs'' means costs in excess of those costs considered
reasonable and necessary by the Secretary to comply with existing law to
make the conveyance authorized by subsection (a).
(2) Section 2695(c) of title 10, United States Code, shall apply to
any amount received by the Secretary under this subsection.
(d) Description of Property.--The exact acreage and legal
description of the 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 Museum.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with
[[Page 115 STAT. 1319]]
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2844. 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. 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 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, less the real property described in
subsection (a)(1), for the purpose of economic redevelopment.
(c) Transfer of Personal Property.--The Secretary of the Navy may
transfer, without consideration, to the Secretary of the Interior in the
case of the real property transferred under subsection (a), or to any
recipient of such real property in the case of real property conveyed
under subsection (b), any or all personal property associated with the
real property so transferred or conveyed, including any personal
property required to continue the maintenance of the infrastructure of
such real property (including the generators for an uninterrupted power
supply in building 154 at the Corea site).
(d) Maintenance of Property Pending Conveyance.--(1) The Secretary
of the Navy shall maintain any real property, including any improvements
thereon, appurtenances thereto, and supporting infrastructure, to be
conveyed under subsection (b) in accordance with the protection and
maintenance standards specified in section 101-47.4913 of title 41, Code
of Federal Regulations, until the earlier of--
(A) the date of the conveyance of such real property under
subsection (b); or
[[Page 115 STAT. 1320]]
(B) September 30, 2003.
(2) The requirement in paragraph (1) shall not be construed as
authority to improve the real property, improvements, and infrastructure
referred to in that paragraph so as to bring such real property,
improvements, or infrastructure into compliance with any zoning or
property maintenance codes or to repair any damage to such improvements
and infrastructure caused by natural accident or disaster.
(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 excess
costs incurred by the Secretary for any environmental assessment, study,
or analysis carried out by the Secretary in connection with the
conveyance of such property, if the excess costs were incurred as a
result of a request by the recipient. In this paragraph, the term
``excess costs'' means costs in excess of those costs considered
reasonable and necessary by the Secretary to comply with existing law to
make the conveyance to the recipient.
(2) 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 for real property conveyed under subsection (b) shall
be borne by the recipient of the real property.
(h) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with any
conveyance under subsection (b), and any lease under subsection (e), as
the Secretary considers appropriate to protect the interests of the
United States.
SEC. 2846. LAND ACQUISITION, PERQUIMANS COUNTY, NORTH CAROLINA.
The Secretary of the Navy may, using funds previously appropriated
for such purpose, acquire any and all right, title, and interest in and
to a parcel of real property, including improvements thereon, consisting
of approximately 240 acres, or any portion thereof, in Perquimans
County, North Carolina, for purposes of including such parcel in the
Harvey Point Defense Testing Activity, Hertford, North Carolina.
SEC. 2847. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE
PLANT, TOLEDO, OHIO.
(a) Conveyance Authorized.--(1) The Secretary of the Navy may
convey, without consideration, to the Toledo-Lucas County Port
Authority, Ohio (in this section referred to as the ``Port Authority''),
any or all right, title, and interest of the United States
[[Page 115 STAT. 1321]]
in and to a parcel of real property, including any improvements thereon,
consisting of approximately 29 acres and comprising the Naval Weapons
Industrial Reserve Plant, Toledo, Ohio.
(2) The Secretary may include in the conveyance under paragraph (1)
such facilities, equipment, fixtures, and other personal property
located or based on the parcel conveyed under that paragraph, or used in
connection with the parcel, as the Secretary determines to be excess to
the Navy.
(b) Lease Authority.--Until such time as the real property described
in subsection (a)(1) is conveyed by deed, the Secretary may lease such
real property, and any personal property described in subsection (a)(2),
to the Port Authority in exchange for such security, fire protection,
and maintenance services as the Secretary considers appropriate.
(c) Conditions of Conveyance.--The conveyance under subsection (a),
and any lease under subsection (b), shall be subject to the conditions
that the Port Authority--
(1) accept the real and personal property concerned in their
condition at the time of the conveyance or lease, as the case
may be; and
(2) except as provided in subsection (d), use the real and
personal property concerned, whether directly or through an
agreement with a public or private entity, for economic
development or such other public purposes as the Port Authority
considers appropriate.
(d) Subsequent Use.--(1) Subject to the approval of the Secretary,
the Port Authority may sublease real property or personal property
covered by a lease under subsection (b) to another person for economic
development or such other public purposes as the Port Authority
considers appropriate.
(2) Following the conveyance of real property under subsection (a),
the Port Authority may lease or reconvey the real property, and any
personal property conveyed with such real property under that
subsection, for economic development or such other public purposes as
the Port Authority considers appropriate.
(e) Reimbursement for Costs of Conveyance and Lease.--(1) The Port
Authority shall reimburse the Secretary for the excess costs incurred by
the Secretary for any environmental assessment, study, or analysis, or
for any other excess costs incurred by the Secretary, in connection with
the conveyance authorized by this section, if the excess costs were
incurred as a result of a request by the Port Authority. In this
paragraph, the term ``excess costs'' means costs in excess of those
costs considered reasonable and necessary by the Secretary to comply
with existing law to make the conveyance authorized by subsection (a).
(2) Section 2695(c) of title 10, United States Code, shall apply to
any amount received by the Secretary under this subsection.
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)(1),
and an appropriate inventory or other description of the personal
property to be conveyed under subsection (a)(2), shall be determined by
a survey and other means satisfactory to the Secretary. The cost of the
survey shall be borne by the Port Authority.
(g) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with
[[Page 115 STAT. 1322]]
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. 2848. 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''.
PART III--AIR FORCE CONVEYANCES
SEC. 2851. CONVEYANCE OF AVIGATION EASEMENTS, FORMER NORTON AIR
FORCE BASE, CALIFORNIA.
(a) Conveyance Required.--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.
(b) Condition of Conveyance.--The conveyance required by subsection
(a) shall be subject to the condition that, if the recipient sells one
or both of the easements conveyed under subsection (a), the recipient
shall pay to the United States an amount equal to the lesser of--
(1) the sale price of the easement; or
(2) the fair market value of the easement.
(c) Duration of Condition.--The condition specified in subsection
(b) shall apply only to a conveyance that occurs during the 10-year
period beginning on the date the Administrator makes the conveyance
required by subsection (a).
SEC. 2852. REEXAMINATION OF LAND CONVEYANCE, LOWRY AIR FORCE BASE,
COLORADO.
The Secretary of the Air Force shall reevaluate the terms and
conditions of the pending negotiated sale agreement with the Lowry
Redevelopment Authority for certain real property at Lowry Air Force
Base, Colorado, in light of changed circumstances regarding the
property, including changes in the flood plain designations affecting
some of the property, to determine whether the changed circumstances
warrant a reduction in the amount of consideration otherwise required
under the agreement or other modifications to the agreement.
SEC. 2853. WATER RIGHTS CONVEYANCE, ANDERSEN AIR FORCE BASE, GUAM.
(a) Authority To Convey.--In conjunction with the conveyance of the
water supply system for Andersen Air Force Base, Guam, under the
authority of section 2688 of title 10, United States Code, and in
accordance with all the requirements of that section, the Secretary of
the Air Force may convey all right, title, and interest of the United
States, or such lesser estate as the Secretary considers appropriate to
serve the interests of the United States, in the water rights related to
the following Air Force properties located on Guam:
[[Page 115 STAT. 1323]]
(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 the Secretary--
(1) 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) determines that such supplies of groundwater are
economically obtainable; and
(3) 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 Andersen 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 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
[[Page 115 STAT. 1324]]
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. 2854. CONVEYANCE OF SEGMENT OF LORING PETROLEUM PIPELINE,
MAINE, AND RELATED EASEMENTS.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Loring Development Authority,
Maine (in this section referred to as the ``Authority''), all right,
title, and interest of the United States in and to the segment of the
Loring Petroleum (POL) Pipeline, Maine, consisting of approximately 27
miles in length and running between the Searsport terminal and Bangor
Air National Guard Base.
(b) Related Easements.--As part of the conveyance authorized by
subsection (a), the Secretary may convey to the Authority, without
consideration, all right, title, and interest of the United States in
and to any easements or rights-of-way necessary for the operation or
maintenance of the segment of pipeline conveyed under that subsection.
(c) Reimbursement for Costs of Conveyance.--(1) The Authority shall
reimburse the Secretary for the excess costs incurred by the Secretary
for any environmental assessment, study, or analysis, or for any other
excess costs incurred by the Secretary, in connection with the
conveyance authorized by this section, if the excess costs were incurred
as a result of a request by the Authority. In this paragraph, the term
``excess costs'' means costs in excess of those costs considered
reasonable and necessary by the Secretary to comply with existing law to
make the conveyance authorized by subsection (a).
(2) Section 2695(c) of title 10, United States Code, shall apply to
any amount received by the Secretary under this subsection.
(d) Description of Property.--The exact acreage and legal
description of the segment of pipeline conveyed under subsection (a),
and of any easements or rights-of-way conveyed under subsection (b),
shall be determined by surveys and other means satisfactory to the
Secretary. The cost of any survey or other services performed at the
direction of the Secretary under the preceding sentence shall be borne
by the Authority.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
this section as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2855. LAND CONVEYANCE, PETROLEUM TERMINAL SERVING FORMER
LORING AIR FORCE BASE AND BANGOR AIR
NATIONAL GUARD BASE, MAINE.
(a) Conveyance Authorized.--(1) The Secretary of the Air Force may
convey to the Maine Port Authority of the State of Maine (in this
section referred to as the ``Authority'') all right, title, and interest
of the United States in and to the Petroleum Terminal (POL) at Mack
Point, Searsport, Maine, which served former Loring Air Force Base and
Bangor Air National Guard Base, Maine.
(2) The conveyance under paragraph (1) may include the following:
(A) A parcel of real property, including any improvements
thereon, consisting of approximately 20 acres and comprising a
portion of the Petroleum Terminal.
[[Page 115 STAT. 1325]]
(B) Any additional fuel tanks, other improvements, and
equipment located on the 43-acre parcel of property adjacent to
the property described in subparagraph (A), and leased by the
Secretary as of the date of the enactment of this Act, which
constitutes the remaining portion of the Petroleum Terminal.
(b) Condition of Conveyance.--The Secretary may not make the
conveyance under subsection (a) unless the Authority agrees to utilize
the property to be conveyed under that subsection solely for economic
development purposes.
(c) Consideration.--(1) As consideration for the conveyance under
subsection (a), the Authority shall lease to the Secretary approximately
one acre of the real property conveyed under that subsection, together
with any improvements thereon, that constitutes the Aerospace Fuels
Laboratory (also known as Building 14).
(2) The real property leased under this subsection shall include the
parking lot, outbuildings, and other improvements associated with the
Aerospace Fuels Laboratory and such easements of ingress and egress to
the real property, including easements for utilities, as are required
for the operations of the Aerospace Fuels Laboratory.
(3) As part of the lease of real property under this subsection, the
Authority shall maintain around the real property for the term of the
lease a zone, not less than 75 feet in depth, free of improvements or
encumbrances.
(4) The lease under this subsection shall be without cost to the
United States.
(5) The term of the lease under this subsection may not exceed 25
years. If operations at the Aerospace Fuels Laboratory cease before the
expiration of the term of the lease otherwise provided for under this
subsection, the lease shall be deemed to have expired upon the cessation
of such operations.
(d) Conveyance Contingent on Expiration of Lease of Fuel Tanks.--The
Secretary may not make the conveyance under subsection (a) until the
expiration of the lease referred to in paragraph (2)(B) of that
subsection.
(e) Reimbursement for Costs of Conveyance.--(1) The Authority shall
reimburse the Secretary for the excess costs incurred by the Secretary
for any environmental assessment, study, or analysis, or for any other
excess costs incurred by the Secretary, in connection with the
conveyance authorized by this section, if the excess costs were incurred
as a result of a request by the Authority. In this paragraph, the term
``excess costs'' means costs in excess of those costs considered
reasonable and necessary by the Secretary to comply with existing law to
make the conveyance authorized by subsection (a).
(2) Section 2695(c) of title 10, United States Code, shall apply to
any amount received by the Secretary under this subsection.
(f) Description of Property.--The exact acreage and legal
description of the real property conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Authority.
(g) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a), and the lease under subsection
[[Page 115 STAT. 1326]]
(c), as the Secretary considers appropriate to protect the interests of
the United States.
SEC. 2856. LAND CONVEYANCES, CERTAIN FORMER MINUTEMAN III ICBM
FACILITIES IN NORTH DAKOTA.
(a) Conveyances Authorized.--(1) The Secretary of the Air Force may
convey, without consideration, to the State Historical Society of North
Dakota (in this section referred to as the ``Historical Society'') all
right, title, and interest of the United States in and to parcels of
real property, together with any improvements thereon, of the Minuteman
III ICBM facilities of the former 321st Missile Group at Grand Forks Air
Force Base, North Dakota, as follows:
(A) The parcel consisting of the launch facility designated
``November-33''.
(B) The parcel consisting of the missile alert facility and
launch control center designated ``Oscar-O''.
(2) The purpose of the conveyance of the facilities is to provide
for the establishment of an historical site allowing for the
preservation, protection, and interpretation of the facilities.
(b) Consultation.--The Secretary shall consult with the Secretary of
State and the Secretary of Defense in order to ensure that the
conveyances required by subsection (a) are carried out in accordance
with applicable treaties.
(c) Historical Site.--The Secretary may, in cooperation with the
Historical Society, enter into one or more cooperative agreements with
appropriate public or private entities or individuals in order to
provide for the establishment and maintenance of the historic site
referred to in subsection (a)(2).
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by survey satisfactory to the Secretary. The cost of
the survey shall be borne by the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2857. LAND CONVEYANCES, CHARLESTON AIR FORCE BASE, SOUTH
CAROLINA.
(a) Conveyance to State of South Carolina Authorized.--The Secretary
of the Air Force may convey, without consideration, to the State of
South Carolina (in this section referred to as the ``State''), all
right, title, and interest of the United States in and to a portion (as
determined under subsection (c)) of the real property, including any
improvements thereon, consisting of approximately 24 acres at Charleston
Air Force Base, South Carolina, and comprising the Air Force Family
Housing Annex. The purpose of the conveyance is to facilitate the
Remount Road Project.
(b) Conveyance to City of North Charleston Authorized.--The
Secretary may convey, without consideration, to the City of North
Charleston, South Carolina (in this section referred to as the
``City''), all right, title, and interest of the United States in and to
a portion (as determined under subsection (c)) of the real property,
including any improvements thereon, referred to in subsection (a). The
purpose of the conveyance is to permit the use of the property by the
City for municipal purposes.
(c) Determination of Portions of Property To Be Conveyed.--(1)
Subject to paragraph (2), the Secretary, the State,
[[Page 115 STAT. 1327]]
and the City shall jointly determine the portion of the property
referred to in subsection (a) that is to be conveyed to the State under
subsection (a) and the portion of the property that is to be conveyed to
the City under subsection (b).
(2) In determining under paragraph (1) the portions of property to
be conveyed under this section, the portion to be conveyed to the State
shall be the minimum portion of the property required by the State for
the purpose specified in subsection (a), and the portion to be conveyed
to the City shall be the balance of the property.
(d) Limitation on Conveyances.--The Secretary may not carry out the
conveyance of property authorized by subsection (a) or (b) until the
completion of an assessment of environmental contamination of the
property authorized to be conveyed by such subsection for purposes of
determining responsibility for environmental remediation of such
property.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsections (a)
and (b) shall be determined by surveys satisfactory to the Secretary.
The cost of the survey for the property to be conveyed under subsection
(a) shall be borne by the State, and the cost of the survey for the
property to be conveyed under subsection (b) shall be borne by the City.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
subsections (a) and (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2858. TRANSFER OF JURISDICTION, MUKILTEO TANK FARM, EVERETT,
WASHINGTON.
(a) Transfer Authorized.--The Secretary of the Air Force shall
transfer, without reimbursement, to the Secretary of Commerce
administrative jurisdiction over a parcel of real property, including
improvements thereon, consisting of approximately 1.1 acres located at
the Mukilteo Tank Farm in Everett, Washington, and containing the
Mukilteo Research Center facility of the National Marine Fisheries
Service.
(b) Time for Conveyance.--The Secretary of the Air Force shall make
the transfer under subsection (a) at the same time that the Secretary
makes the conveyance authorized by section 2866 of the Military
Construction Authorization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat. 1654A-436).
(c) Exchange.--With the consent of the Port Authority for Everett,
Washington, the Secretary of Commerce may exchange with the Port
Authority all or any portion of the property transferred under
subsection (a) for a parcel of real property of equal area at the
Mukilteo Tank Farm that is owned by the Port Authority.
(d) Administration.--The Secretary of Commerce shall administer the
property transferred under subsection (a) or received under subsection
(c) through the Administrator of the National Oceanic and Atmospheric
Administration as part of the Administration. The Administrator shall
use the property as the location of a research facility, and may
construct a new facility on the property for such research purposes as
the Administrator considers appropriate.
[[Page 115 STAT. 1328]]
(e) Effect of Failure To Utilize Transferred Property.--(1) If,
after the 12-year period beginning on the date of the enactment of this
Act, the Administrator is not using any portion of the property
transferred under subsection (a) or received under subsection (c) for
the purpose specified in subsection (d), the Administrator shall convey,
without consideration, to the Port Authority for Everett, Washington,
all right, title, and interest in and to such portion of the real
property, including improvements thereon.
(2) The Port Authority shall use any real property conveyed to the
Port Authority under this subsection for development and operation of a
port facility and for other public purposes.
(f) Legal Description.--The exact acreage and legal description of
the real property to be transferred under subsection (a) shall be
determined by a survey satisfactory to the Secretary of the Air Force.
The cost of the survey shall be borne by the Secretary of Commerce.
(g) Additional Terms and Conditions.--The Secretary of the Air Force
may require such additional terms and conditions in connection with the
transfer under subsection (a) as the Secretary of the Air Force
considers appropriate to protect the interests of the United States.
(h) Conforming Amendment.--Section 2866(a) of the Military
Construction Authorization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat. 1654A-436) is amended by striking ``22 acres'' and
inserting ``20.9 acres''.
Subtitle E--Other Matters
SEC. 2861. MANAGEMENT OF THE PRESIDIO OF SAN FRANCISCO.
(a) Authority To Lease Certain Housing Units for Use as Army
Housing.--Title I of division I of the Omnibus Parks and Public Lands
Management Act of 1996 (Public Law 104-333; 16 U.S.C. 460bb note) is
amended by adding at the end the following new section:
``SEC. 107. CONDITIONAL AUTHORITY TO LEASE CERTAIN HOUSING UNITS
WITHIN THE PRESIDIO.
``(a) Availability of Housing Units for Long-Term Army Lease.--
Subject to subsection (c), the Trust shall make available for lease, to
those persons designated by the Secretary of the Army and for such
length of time as requested by the Secretary of the Army, 22 housing
units located within the Presidio that are under the administrative
jurisdiction of the Trust and specified in the agreement between the
Trust and the Secretary of the Army in existence as of the date of the
enactment of this section.
``(b) Lease Amount.--The monthly amount charged by the Trust for the
lease of a housing unit under this section shall be equivalent to the
monthly rate of the basic allowance for housing that the occupant of the
housing unit is entitled to receive under section 403 of title 37,
United States Code.
``(c) Condition on Continued Availability of Housing Units.--
Effective after the end of the four-year period beginning on the date of
the enactment of this section, the Trust shall have no obligation to
make housing units available under subsection (a) unless, during that
four-year period, the Secretary of the
[[Page 115 STAT. 1329]]
Treasury purchases new obligations of at least $80,000,000 issued by the
Trust under section 104(d)(2). In the event that this condition is not
satisfied, the existing agreement referred to in subsection (a) shall be
renewed on the same terms and conditions for an additional five
years.''.
(b) Increased Borrowing Authority and Technical Corrections.--
Paragraphs (2) and (3) of section 104(d) of title I of division I of the
Omnibus Parks and Public Lands Management Act of 1996, as amended by
section 334 of appendix C of Public Law 106-113 (113 Stat. 1501A-198)
and amended and redesignated by section 101(13) of Public Law 106-176
(114 Stat. 25), <<NOTE: 16 USC 460bb note.>> are amended--
(1) in paragraph (2), by striking ``including a review of
the creditworthiness of the loan and establishment of a
repayment schedule,'' the second place it appears; and
(2) in paragraph (3)--
(A) by striking ``$50,000,000'' and inserting
``$150,000,000''; and
(B) by striking ``paragraph (3) of''.
SEC. 2862. TRANSFER OF JURISDICTION FOR DEVELOPMENT OF AIR FORCE
MORALE, WELFARE, AND RECREATION
FACILITY, PARK CITY, UTAH.
(a) Transfer Authorized.--(1) The Secretary of the Interior may
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 on the north side of State highway 248 in township
2 south, range 4 east, Salt Lake meridian, and is designated as parcel 3
by the Bureau of Land Management. The real property to be transferred
under this paragraph does not include any lands located on the south
side of State highway 248.
(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.
(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 Air Force morale, welfare, and 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 morale, welfare, and recreation facility would not be in the best
interests of the Government.
(c) Subsequent Conveyance Authority.--(1) In lieu of developing the
Air Force morale, welfare, and 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
[[Page 115 STAT. 1330]]
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 Air Force morale, welfare, and 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. 2863. ALTERNATE SITE FOR UNITED STATES AIR FORCE MEMORIAL,
PRESERVATION OF OPEN SPACE ON ARLINGTON
RIDGE TRACT, AND RELATED LAND TRANSFER
AT ARLINGTON NATIONAL CEMETERY,
VIRGINIA.
(a) <<NOTE: 40 USC 1003 note.>> 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) <<NOTE: 40 USC 1003 note.>> Use of Arlington Naval Annex as
Site for Air Force Memorial.--
(1) Availability of site.--The Secretary of Defense shall
make available to the Foundation, without reimbursement, up
[[Page 115 STAT. 1331]]
to three acres of the Arlington Naval Annex, which the
Foundation shall use as the location for the Air Force Memorial
in lieu of any previously approved location for the Air Force
Memorial. The land made available 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.
(2) Exception.--The requirement to use the land made
available under paragraph (1) as the location for the Air Force
Memorial, and the prohibition on the use of any previously
approved location, shall not apply if the Secretary of Defense
determines that it is physically impracticable to construct the
Air Force Memorial on such land on account of the geological
nature of the land.
(3) Relation to other transfer authority.--Not later than
six months after the date of the enactment of this Act, the
Secretary of Defense shall transfer to the Secretary of the Army
administrative jurisdiction over the Arlington Naval Annex site
made available under this subsection for construction of the Air
Force Memorial. Nothing in this subsection alters the deadline
for transfer of the remainder 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.
(c) <<NOTE: 40 USC 1003 note.>> Site Preparation.--
(1) Preparation for construction.--Upon receipt of
notification from the Foundation that the Foundation has
sufficient funds to commence construction of the Air Force
Memorial, the Secretary of Defense, in coordination with the
Foundation, shall remove Wing 8 of Federal Office Building #2 at
the Arlington Naval Annex, as well as its associated outbuilding
and parking lot, and prepare the land made available under
subsection (b) for construction of the Air Force Memorial. In
addition to demolition and removal, such site preparation work
may include environmental remediation, installation of water,
sewer, telephone, electrical, and storm water management
infrastructure necessary for the memorial, installation of
sidewalks consistent with the design of the memorial compliant
with the requirements of the Americans With Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), and the placement of screening
berms and mature evergreen trees between Federal Office Building
#2 and the memorial.
(2) <<NOTE: Deadline.>> Completion.--Not later than two
years after the date on which the Foundation provides the
notification referred to in paragraph (1), the Secretary of
Defense shall complete the demolition and removal of the
structures and such site preparation work as the Secretary
agrees to undertake under this subsection.
(3) Funding source.--The Secretary of Defense shall use
amounts appropriated for operation and maintenance to carry out
the demolition and removal work and site preparation described
in paragraph (1).
(4) Assistance for displaced agency.--The Secretary of the
Army shall serve as the Executive Agent for the Ballistic
Missile Defense Organization in securing suitable sites,
including, if necessary, sites not currently owned by the United
[[Page 115 STAT. 1332]]
States, to replace offices lost as a result of the demolition of
Wing 8 of Federal Office Building #2 at the Arlington Naval
Annex.
(d) <<NOTE: 40 USC 1003 note.>> Construction of Air Force
Memorial.--
(1) Commencement.--Upon the demolition and removal of the
structures required to be removed under subsection (c)(1), the
Secretary of Defense shall permit the Foundation to commence
construction of the Air Force Memorial on the Arlington Naval
Annex site made available under subsection (b).
(2) 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.).
(3) Effect of failure to commence construction.--If, within
five years after the date of the enactment of this Act, the
Foundation has not commenced construction of the Air Force
Memorial on the Arlington Naval Annex site made available under
subsection (b), the Secretary of Defense may revoke the
authority of the Foundation to use the site as the location of
the memorial.
(e) <<NOTE: 40 USC 1003 note.>> Access and Management of Air Force
Memorial.--The Secretary of the Army may enter into a cooperative
agreement with the Foundation to provide for management, maintenance,
and repair of the Air Force Memorial constructed on the Arlington Naval
Annex site made available under subsection (b) and to guarantee public
access to the memorial.
(f) Limitation on Use of Arlington Naval Annex as Site for Other
Memorials or Museums.--Section 2881(b) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65;
113 Stat. 879) is amended by striking paragraph (2) and inserting the
following new paragraph (2):
``(2) The Secretary of Defense shall reserve not more than four
acres of the Navy Annex property south of the existing Columbia Pike as
a site for--
``(A) a National Military Museum, if such site is
recommended for such purpose by the Commission on the National
Military Museum established under section 2901 and the Secretary
of Defense considers such site compatible with Arlington
National Cemetery and the Air Force Memorial; or
``(B) such other memorials or museums that the Secretary of
Defense considers compatible with Arlington National Cemetery
and the Air Force Memorial.''.
(g) Preservation of Arlington Ridge Tract.--
(1) General rule.--After the date of the enactment of this
Act, no additional structure or memorials shall be constructed
on the Arlington Ridge tract.
(2) Option for future burials.--Paragraph (1) does not
prohibit the eventual use of a portion of the Arlington Ridge
tract as a location for in-ground burial sites and columbarium
for the burial of individuals eligible for burial in Arlington
National Cemetery, if the development of such sites is
specifically authorized in a law enacted after the date of the
enactment of this Act.
(h) Land Transfer, Section 29.--
[[Page 115 STAT. 1333]]
(1) Transfer required.--Not <<NOTE: Deadline.>> later than
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 designated as the interment zone and
consisting of approximately 12 acres. The Secretary of the
Interior shall modify the boundaries of the George Washington
Memorial Parkway as may be necessary to reflect the land
transfer required by this subsection.
(2) Use of transferred land.--The Secretary of the Army
shall use the transferred property for the development of in-
ground burial sites and columbarium that are designed to meet
the contours of Section 29.
(3) Management of remainder.--The Secretary of the Interior
shall manage that portion of Section 29 not transferred under
this subsection in perpetuity to provide a natural setting and
visual buffer for Arlington House, the Robert E. Lee Memorial.
(4) Repeal of obsolete law.--Section 2821(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B
of Public Law 104-201; 110 Stat. 2791) is repealed.
SEC. 2864. ESTABLISHMENT <<NOTE: 10 USC 2674 note.>> OF MEMORIAL
TO VICTIMS OF TERRORIST ATTACK ON
PENTAGON RESERVATION AND AUTHORITY TO
ACCEPT MONETARY CONTRIBUTIONS FOR
MEMORIAL AND REPAIR OF PENTAGON.
(a) Memorial Authorized.--The Secretary of Defense may establish a
memorial at the Pentagon Reservation dedicated to the victims of the
terrorist attack on the Pentagon that occurred on September 11, 2001.
The Secretary shall use necessary amounts in the Pentagon Reservation
Maintenance Revolving Fund established by section 2674(e) of title 10,
United States Code, including amounts deposited in the Fund under
subsection (c), to plan, design, construct, and maintain the memorial.
(b) Acceptance of Contributions.--The Secretary of Defense may
accept monetary contributions made for the purpose of assisting in--
(1) the establishment of the memorial to the victims of the
terrorist attack; and
(2) the repair of the damage caused to the Pentagon
Reservation by the terrorist attack.
(c) Deposit of Contributions.--The Secretary of Defense shall
deposit contributions accepted under subsection (b) in the Pentagon
Reservation Maintenance Revolving Fund. The contributions shall be
available for expenditure only for the purposes specified in subsection
(b).
SEC. 2865. REPEAL OF LIMITATION ON COST OF RENOVATION OF PENTAGON
RESERVATION.
Section 2864 of the Military Construction Authorization Act for
Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 2806) is
repealed.
SEC. 2866. DEVELOPMENT OF UNITED STATES ARMY HERITAGE AND
EDUCATION CENTER AT CARLISLE BARRACKS,
PENNSYLVANIA.
(a) Authority To Enter into Agreement.--(1) The Secretary of the
Army may enter into an agreement with the Military Heritage
[[Page 115 STAT. 1334]]
Foundation, a nonprofit organization, for the design, construction, and
operation of a facility for the United States Army Heritage and
Education Center at Carlisle Barracks, Pennsylvania (in this section
referred to as the ``facility'').
(2) The facility is to be used for curation and storage of
artifacts, research facilities, classrooms, and offices, and for
education and other activities, agreed to by the Secretary, relating to
the heritage of the Army. The facility may also be used to support such
education and training as the Secretary considers appropriate.
(b) Design and Construction.--The design of the facility shall be
subject to the approval of the Secretary. At the election of the
Secretary, the Secretary may--
(1) accept funds from the Military Heritage Foundation for
the design and construction of the facility; or
(2) permit the Military Heritage Foundation to contract for
the design and construction of the facility.
(c) Acceptance of Facility.--(1) Upon satisfactory completion, as
determined by the Secretary, of the facility, and upon the satisfaction
of any and all financial obligations incident thereto by the Military
Heritage Foundation, the Secretary shall accept the facility from the
Military Heritage Foundation, and all right, title, and interest in and
to the facility shall vest in the United States.
(2) Upon becoming property of the United States, the facility shall
be under the jurisdiction of the Secretary.
(d) Use of Certain Gifts.--(1) Under regulations prescribed by the
Secretary, the Commandant of the Army War College may, without regard to
section 2601 of title 10, United States Code, accept, hold, administer,
invest, and spend any gift, devise, or bequest of personnel property of
a value of $250,000 or less made to the United States if such gift,
devise, or bequest is for the benefit of the United States Army Heritage
and Education Center.
(2) The Secretary may pay or authorize the payment of any reasonable
and necessary expense in connection with the conveyance or transfer of a
gift, devise, or bequest under this subsection.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the agreement
authorized to be entered into by subsection (a) as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2867. EFFECT OF LIMITATION ON CONSTRUCTION OF ROADS OR
HIGHWAYS, MARINE CORPS BASE, CAMP
PENDLETON, CALIFORNIA.
Section 2851(a) of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2219) is
amended in the first sentence by inserting after ``maintain'' the
following: ``, notwithstanding any provision of State law to the
contrary,''.
SEC. 2868. 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) <<NOTE: 16 USC 431 note.>> 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
[[Page 115 STAT. 1335]]
(3) in subsections (b) and (c), by striking ``memorial''
each place it appears and inserting ``memorials''.
SEC. 2869. DEMONSTRATION PROJECT FOR PURCHASE OF FIRE, SECURITY,
POLICE, PUBLIC WORKS, AND UTILITY
SERVICES FROM LOCAL GOVERNMENT AGENCIES.
(a) Extension.--Subsection (c) of section 816 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 striking ``September 30, 2001.'' and
inserting ``January 31, 2002, with regard to fire-fighting and police
services, and September 30, 2003, with regard to other services
described in subsection (a).''.
(b) Conforming Amendment.--Section 1206 of the Supplemental
Appropriations Act, 2001 (Public Law 107-20; 115 Stat. 161), is
repealed.
SEC. 2870. REPORT ON FUTURE LAND NEEDS OF UNITED STATES MILITARY
ACADEMY, NEW YORK, AND ADJACENT
COMMUNITY.
(a) Report <<NOTE: Deadline.>> Required.--Not later than February 1,
2002, the Secretary of the Army shall submit to Congress a report
evaluating the future needs of the United States Military Academy for
lands suitable for use for military training and the feasibility of
making unneeded lands available to the Village of Highland Falls, New
York, through fee simple conveyance, long-term lease under section 2667
of title 10, United States Code, or other means.
(b) Consultation.--The Secretary shall prepare the report in
consultation with appropriate officials of the Village of Highland
Falls.
SEC. 2871. NAMING OF PATRICIA C. LAMAR ARMY NATIONAL GUARD
READINESS CENTER, OXFORD, MISSISSIPPI.
The Oxford Army National Guard Readiness Center, Oxford,
Mississippi, shall be known and designated as the ``Patricia C. Lamar
Army National Guard Readiness Center''. Any reference to that readiness
center in any law, regulation, map, document, record, or other paper of
the United States shall be considered to be a reference to the Patricia
C. Lamar Army National Guard Readiness Center.
TITLE XXIX--FORT <<NOTE: Fort Irwin Military Land Withdrawal Act of
2001.>> 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.
[[Page 115 STAT. 1336]]
SEC. 2901. SHORT TITLE.
This title may be cited as the ``Fort Irwin Military Land Withdrawal
Act of 2001''.
SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS FOR NATIONAL
TRAINING CENTER.
(a) Withdrawal.--Subject to valid existing rights and except as
otherwise provided in this title, all public lands and interests in
lands described in subsection (c) are hereby withdrawn from all forms of
appropriation under the general land laws, including the mining laws and
mineral and geothermal leasing laws, and jurisdiction over such lands
and interests in lands withdrawn and reserved by this title is hereby
transferred to the Secretary of the Army.
(b) Reservation.--The lands withdrawn under subsection (a) are
reserved for use by the Secretary of the Army for the following
purposes:
(1) The conduct of combined arms military training at the
National Training Center.
(2) The development and testing of military equipment at the
National Training Center.
(3) Other defense-related purposes consistent with the
purposes specified in paragraphs (1) and (2).
(4) Conservation and related research purposes.
(c) Land Description.--The public lands and interests in lands
withdrawn and reserved by this section comprise approximately 110,000
acres in San Bernardino County, California, as generally depicted as
``Proposed Withdrawal Land'' on the map entitled ``National Training
Center--Proposed Withdrawal of Public Lands for Training Purposes'',
dated September 21, 2000, and filed in accordance with section 2903.
(d) Changes in Use.--The Secretary of the Army shall consult with
the Secretary of the Interior before using the lands withdrawn and
reserved by this section for any purpose other than those purposes
identified in subsection (b).
(e) Indian Tribes.--Nothing in this title shall be construed as
altering any rights reserved for tribal use by treaty or Federal law.
The Secretary of the Army shall consult with federally recognized Indian
tribes in the 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.
[[Page 115 STAT. 1337]]
(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.
[[Page 115 STAT. 1338]]
(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.
[[Page 115 STAT. 1339]]
SEC. 2906. ENVIRONMENTAL COMPLIANCE AND ENVIRONMENTAL RESPONSE
REQUIREMENTS.
(a) Agreements Concerning the Environment and Public Health.--The
Secretary of the Army and the Secretary of the Interior shall enter into
such agreements 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 title
shall relieve, and no action taken under this title may relieve, the
Secretary of the Army or the Secretary of the Interior, or any other
person from any liability or other obligation under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.), the Resource Conservation and Recovery Act of 1976
(42 U.S.C. 6901 et seq.) or any other Federal or State law.
SEC. 2907. WEST MOJAVE COORDINATED MANAGEMENT PLAN.
(a) Completion.--The Secretary of the Interior shall make every
effort to complete the West Mojave Coordinated Management Plan not later
than two years after the date of the enactment of this Act.
(b) Consideration of Withdrawal and Reservation Impacts.--The
Secretary of the Interior shall ensure that the West Mojave Coordinated
Management Plan considers the impacts of the availability or
nonavailability of the lands withdrawn and reserved by this title on the
plan as a whole.
(c) Consultation.--The Secretary of the Interior shall consult with
the Secretary of the Army and the Administrator of the National
Aeronautics and Space Administration in the development of the West
Mojave Coordinated Management Plan.
SEC. 2908. RELEASE OF WILDERNESS STUDY AREAS.
Congress hereby finds and directs that lands withdrawn and reserved
by this title have been adequately studied for wilderness designation
pursuant to section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), and are no longer subject to the
requirement of such section pertaining to the management of wilderness
study areas in a manner that does not impair the suitability of such
areas for preservation as wilderness.
SEC. 2909. TRAINING ACTIVITY SEPARATION FROM UTILITY CORRIDORS.
(a) Required Separation.--All military ground activity training on
the lands withdrawn and reserved by this title shall remain at least 500
meters from any utility system, in existence as of the date of the
enactment of this Act, in Utility Planning Corridor D, as described in
the California Desert Conservation Area Plan, dated 1980 and
subsequently amended.
(b) Exception.--Subsection (a) does not modify the use of any lands
used, as of the date of the enactment of this Act, by the National
Training Center for training or alter any right of access granted by
interagency agreement.
SEC. 2910. DURATION OF WITHDRAWAL AND RESERVATION.
(a) Termination Date.--Unless extended pursuant to section 2911,
unless relinquishment is postponed by the Secretary of the Interior
pursuant to section 2912(b), and except as provided in section 2912(d),
the withdrawal and reservation made by this title
[[Page 115 STAT. 1340]]
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
specifying the date upon which such lands shall be restored to the
public domain and opened.
SEC. 2911. EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION.
(a) Notification <<NOTE: Deadline.>> Requirement.--Not later than
three years before the termination date specified in section 2910(a),
the Secretary of the Army shall notify Congress and the Secretary of the
Interior whether the Army will have a continuing military need, beyond
the termination date, for all or any portion of the lands withdrawn and
reserved by this title.
(b) Process for Extension of Withdrawal and Reservation.--
(1) Consultation and application.--If the Secretary of the
Army determines that there will be a continuing military need
after the termination date for any of the lands withdrawn and
reserved by this title, the Secretary of the Army shall--
(A) consult with the Secretary of the Interior
concerning any adjustments to be made to the extent of,
or to the allocation of management responsibility for,
such needed lands; and
(B) file with the Secretary of the Interior, within
one year after the notice required by subsection (a), an
application for extension of the withdrawal and
reservation of such needed lands.
(2) Application requirements.--Notwithstanding any general
procedure of the Department of the Interior for processing
Federal land withdrawals, an application for extension of the
land withdrawal and reservation made by this title shall be
considered to be complete if the application includes the
information required by section 3 of Public Law 85-337 (commonly
known as the Engle Act; 43 U.S.C. 157), except that no
information shall be required concerning the use or development
of mineral, timber, or grazing resources unless, and only to the
extent, the Secretary of the Army proposes to use or develop
such resources during the period of extension.
(c) Submission of Proposed Extension to Congress.--The Secretary of
the Interior and the Secretary of the Army may submit to Congress a
legislative proposal for the extension of the withdrawal and reservation
made by this title. The legislative proposal shall be accompanied by an
appropriate analysis of environmental impacts associated with the
proposal, as required by section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
SEC. 2912. TERMINATION AND RELINQUISHMENT.
(a) Notice of Termination.--During the first 22 years of the
withdrawal and reservation made by this title, if the Secretary of the
Army determines that there is no continuing military need for the lands
withdrawn and reserved by this title, or any portion
[[Page 115 STAT. 1341]]
of such lands, the Secretary of the Army shall submit to the Secretary
of the Interior a notice of intent to relinquish jurisdiction over such
lands. The notice shall specify the proposed date of relinquishment.
(b) Acceptance of Jurisdiction.--The Secretary of the Interior may
accept jurisdiction over any lands covered by a notice under subsection
(a) if the Secretary of the Interior determines that the Secretary of
the Army has taken or will take all environmental response and
restoration activities required under applicable laws and regulations
with respect to such lands.
(c) Notice of Acceptance.--If <<NOTE: Federal Register,
publication.>> 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.
[[Page 115 STAT. 1342]]
TITLE XXX--REALIGNMENT AND CLOSURE OF MILITARY INSTALLATIONS AND
PREPARATION OF INFRASTRUCTURE PLAN FOR THE NUCLEAR WEAPONS COMPLEX
Sec. 3001. Authorization of round of realignments and closures of
military installations in 2005.
Sec. 3002. Selection criteria.
Sec. 3003. Revised procedures for making recommendations for
realignments and closures and commission
consideration of recommendations.
Sec. 3004. Limitations on privatization in place.
Sec. 3005. Department of Defense Base Closure Account 2005.
Sec. 3006. Implementation of closure and realignment decisions.
Sec. 3007. Technical and clarifying amendments.
Sec. 3008. Preparation of infrastructure plan for the nuclear weapons
complex.
SEC. 3001. AUTHORIZATION OF ROUND OF REALIGNMENTS AND CLOSURES OF
MILITARY INSTALLATIONS IN 2005.
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 section:
``SEC. 2912. 2005 ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY
INSTALLATIONS.
``(a) Force-Structure Plan and Infrastructure Inventory.--
``(1) Preparation and submission.--As part of the budget
justification documents submitted to Congress in support of the
budget for the Department of Defense for fiscal year 2005, the
Secretary shall include the following:
``(A) A force-structure plan for the Armed Forces
based on an assessment by the Secretary of the probable
threats to the national security during the 20-year
period beginning with fiscal year 2005, the probable
end-strength levels and major military force units
(including land force divisions, carrier and other major
combatant vessels, air wings, and other comparable
units) needed to meet these threats, and the anticipated
levels of funding that will be available for national
defense purposes during such period.
``(B) A comprehensive inventory of military
installations world-wide for each military department,
with specifications of the number and type of facilities
in the active and reserve forces of each military
department.
``(2) Relationship of plan and inventory.--Using the force-
structure plan and infrastructure inventory prepared under
paragraph (1), the Secretary shall prepare (and include as part
of the submission of such plan and inventory) the following:
``(A) A description of the infrastructure necessary
to support the force structure described in the force-
structure plan.
``(B) A discussion of categories of excess
infrastructure and infrastructure capacity.
``(C) An economic analysis of the effect of the
closure or realignment of military installations to
reduce excess infrastructure.
[[Page 115 STAT. 1343]]
``(3) Special considerations.--In determining the level of
necessary versus excess infrastructure under paragraph (2), the
Secretary shall consider the following:
``(A) The anticipated continuing need for and
availability of military installations outside the
United States, taking into account current restrictions
on the use of military installations outside the United
States and the potential for future prohibitions or
restrictions on the use of such military installations.
``(B) Any efficiencies that may be gained from joint
tenancy by more than one branch of the Armed Forces at a
military installation.
``(4) Revision.--The Secretary may revise the force-
structure plan and infrastructure inventory. If the Secretary
makes such a revision, the Secretary shall submit the revised
plan or inventory to Congress as part of the budget
justification documents submitted to Congress for fiscal year
2006.
``(b) Certification of Need for Further Closures and Realignments.--
``(1) Certification required.--On the basis of the force-
structure plan and infrastructure inventory prepared under
subsection (a) and the descriptions and economic analysis
prepared under such subsection, the Secretary shall include as
part of the submission of the plan and inventory--
``(A) a certification regarding whether the need
exists for the closure or realignment of additional
military installations; and
``(B) if such need exists, a certification that the
additional round of closures and realignments would
result in annual net savings for each of the military
departments beginning not later than fiscal year 2011.
``(2) Effect of failure to certify.--If the Secretary does
not include the certifications referred to in paragraph (1), the
process by which military installations may be selected for
closure or realignment under this part in 2005 shall be
terminated.
``(c) Comptroller General Evaluation.--
``(1) Evaluation required.--If the certification is provided
under subsection (b), the Comptroller General shall prepare an
evaluation of the following:
``(A) The force-structure plan and infrastructure
inventory prepared under subsection (a) and the final
selection criteria prepared under section 2913,
including an evaluation of the accuracy and analytical
sufficiency of such plan, inventory, and criteria.
``(B) The need for the closure or realignment of
additional military installations.
``(2) <<NOTE: Deadline.>> Submission.--The Comptroller
General shall submit the evaluation to Congress not later than
60 days after the date on which the force-structure plan and
infrastructure inventory are submitted to Congress.
``(d) Authorization of Additional Round; Commission.--
``(1) Appointment <<NOTE: Deadline.>> of commission.--
Subject to the certifications required under subsection (b), the
President may commence an additional round for the selection of
military installations for closure and realignment under this
part in 2005 by transmitting to the Senate, not later than March
15, 2005,
[[Page 115 STAT. 1344]]
nominations pursuant to section 2902(c) for the appointment of
new members to the Defense Base Closure and Realignment
Commission.
``(2) <<NOTE: Deadline.>> Effect of failure to nominate.--
If the President does not transmit to the Senate the nominations
for the Commission by March 15, 2005, the process by which
military installations may be selected for closure or
realignment under this part in 2005 shall be terminated.
``(3) Members.--Notwithstanding section 2902(c)(1), the
Commission appointed under the authority of this subsection
shall consist of nine members.
``(4) Terms; meetings; termination.--Notwithstanding
subsections (d), (e)(1), and (l) of section 2902, the Commission
appointed under the authority of this subsection shall meet
during calendar year 2005 and shall terminate on April 15, 2006.
``(5) Funding.--If no funds are appropriated to the
Commission by the end of the second session of the 108th
Congress for the activities of the Commission in 2005, the
Secretary may transfer to the Commission for purposes of its
activities under this part in that year such funds as the
Commission may require to carry out such activities. The
Secretary may transfer funds under the preceding sentence from
any funds available to the Secretary. Funds so transferred shall
remain available to the Commission for such purposes until
expended.''.
SEC. 3002. SELECTION CRITERIA.
The Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by
inserting after section 2912, as added by section 3001, the following
new section:
``SEC. 2913. SELECTION CRITERIA FOR 2005 ROUND.
``(a) Preparation of Proposed Selection Criteria.--
``(1) In <<NOTE: Deadline. Federal Register, publication.>>
general.--Not later than December 31, 2003, the Secretary shall
publish in the Federal Register and transmit to the
congressional defense committees the criteria proposed to be
used by the Secretary in making recommendations for the closure
or realignment of military installations inside the United
States under this part in 2005.
``(2) Public comment.--The Secretary shall provide an
opportunity for public comment on the proposed criteria for a
period of at least 30 days and shall include notice of that
opportunity in the publication required under this subsection.
``(b) Military Value as Primary Consideration.--The selection
criteria prepared by the Secretary shall ensure that military value is
the primary consideration in the making of recommendations for the
closure or realignment of military installations under this part in
2005. Military value shall include at a minimum the following:
``(1) Preservation of training areas suitable for maneuver
by ground, naval, or air forces to guarantee future availability
of such areas to ensure the readiness of the Armed Forces.
``(2) Preservation of military installations in the United
States as staging areas for the use of the Armed Forces in
homeland defense missions.
[[Page 115 STAT. 1345]]
``(3) Preservation of military installations throughout a
diversity of climate and terrain areas in the United States for
training purposes.
``(4) The impact on joint warfighting, training, and
readiness.
``(5) Contingency, mobilization, and future total force
requirements at both existing and potential receiving locations
to support operations and training.
``(c) Special Considerations.--The selection criteria for military
installations shall also address at a minimum the following:
``(1) The extent and timing of potential costs and savings,
including the number of years, beginning with the date of
completion of the closure or realignment, for the savings to
exceed the costs.
``(2) The economic impact on existing communities in the
vicinity of military installations.
``(3) The ability of both existing and potential receiving
communities' infrastructure to support forces, missions, and
personnel.
``(4) The impact of costs related to potential environmental
restoration, waste management, and environmental compliance
activities.
``(d) Effect on Department and Other Agency Costs.--Any selection
criteria proposed by the Secretary relating to the cost savings or
return on investment from the proposed closure or realignment of
military installations shall take into account the effect of the
proposed closure or realignment on the costs of any other activity of
the Department of Defense or any other Federal agency that may be
required to assume responsibility for activities at the military
installations.
``(e) Final Selection <<NOTE: Deadline. Federal Register,
publication.>> Criteria.--Not later than February 16, 2004, the
Secretary shall publish in the Federal Register and transmit to the
congressional defense committees the final criteria to be used in making
recommendations for the closure or realignment of military installations
inside the United States under this part in 2005. Such criteria shall be
the final criteria to be used, along with the force-structure plan and
infrastructure inventory referred to in section 2912, in making such
recommendations unless disapproved by an Act of Congress enacted on or
before March 15, 2004.
``(f) Relation to Criteria for Earlier Rounds.--Section 2903(b), and
the selection criteria prepared under such section, shall not apply with
respect to the process of making recommendations for the closure or
realignment of military installations in 2005.''.
SEC. 3003. REVISED PROCEDURES FOR MAKING RECOMMENDATIONS FOR
REALIGNMENTS AND CLOSURES AND COMMISSION
CONSIDERATION OF RECOMMENDATIONS.
The Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by
inserting after section 2913, as added by section 3002, the following
new section:
[[Page 115 STAT. 1346]]
``SEC. 2914. SPECIAL PROCEDURES FOR MAKING RECOMMENDATIONS FOR
REALIGNMENTS AND CLOSURES FOR 2005
ROUND; COMMISSION CONSIDERATION OF
RECOMMENDATIONS.
``(a) Recommendations Regarding Closure or Realignment of Military
Installations.--If <<NOTE: Federal Register, publication. Deadline.>>
the Secretary makes the certifications required under section 2912(b),
the Secretary shall publish in the Federal Register and transmit to the
congressional defense committees and the Commission, not later than May
16, 2005, a list of the military installations inside the United States
that the Secretary recommends for closure or realignment on the basis of
the force-structure plan and infrastructure inventory prepared by the
Secretary under section 2912 and the final selection criteria prepared
by the Secretary under section 2913.
``(b) Preparation of Recommendations.--
``(1) In general.--The Secretary shall comply with
paragraphs (2) through (6) of section 2903(c) in preparing and
transmitting the recommendations under this section. However,
paragraph (6) of section 2903(c) relating to submission of
information to Congress shall be deemed to require such
submission within 48 hours.
``(2) Consideration of local government views.--(A) In
making recommendations to the Commission in 2005, the Secretary
shall consider any notice received from a local government in
the vicinity of a military installation that the government
would approve of the closure or realignment of the installation.
``(B) Notwithstanding the requirement in subparagraph (A),
the Secretary shall make the recommendations referred to in that
subparagraph based on the force-structure plan, infrastructure
inventory, and final selection criteria otherwise applicable to
such recommendations.
``(C) The recommendations shall include a statement of the
result of the consideration of any notice described in
subparagraph (A) that is received with respect to a military
installation covered by such recommendations. The statement
shall set forth the reasons for the result.
``(c) Recommendations To Retain Bases in Inactive Status.--In making
recommendations for the closure or realignment of military
installations, the Secretary may recommend that an installation be
placed in an inactive status if the Secretary determines that--
``(1) the installation may be needed in the future for
national security purposes; or
``(2) retention of the installation is otherwise in the
interest of the United States.
``(d) Commission Review and Recommendations.--
``(1) In general.--Except as provided in this subsection,
section 2903(d) shall apply to the consideration by the
Commission of the recommendations transmitted by the Secretary
in 2005. <<NOTE: Deadline.>> The Commission's report containing
its findings and conclusions, based on a review and analysis of
the Secretary's recommendations, shall be transmitted to the
President not later than September 8, 2005.
``(2) Availability of recommendations to congress.--After
September 8, 2005, the Commission shall promptly provide, upon
request, to any Member of Congress information used by the
Commission in making its recommendations.
[[Page 115 STAT. 1347]]
``(3) Limitations on authority to add to closure or
realignment lists.--The Commission may not consider making a
change in the recommendations of the Secretary that would add a
military installation to the Secretary's list of installations
recommended for closure or realignment unless, in addition to
the requirements of section 2903(d)(2)(C)--
``(A) the Commission provides the Secretary with at
least a 15-day period, before making the change, in
which to submit an explanation of the reasons why the
installation was not included on the closure or
realignment list by the Secretary; and
``(B) the decision to add the installation for
Commission consideration is supported by at least seven
members of the Commission.
``(4) Testimony by secretary.--The Commission shall invite
the Secretary to testify at a public hearing, or a closed
hearing if classified information is involved, on any proposed
change by the Commission to the Secretary's recommendations.
``(5) Comptroller general report.--The Comptroller General
report required by section 2903(d)(5)(B) analyzing the
recommendations of the Secretary and the selection process in
2005 shall be transmitted to the congressional defense
committees not later than July 1, 2005.
``(e) Review by the President.--
``(1) In general.--Except as provided in this subsection,
section 2903(e) shall apply to the review by the President of
the recommendations of the Commission under this section, and
the actions, if any, of the Commission in response to such
review, in 2005. <<NOTE: Reports. Deadline.>> The President
shall review the recommendations of the Secretary and the
recommendations contained in the report of the Commission under
subsection (d) and prepare a report, not later than September
23, 2005, containing the President's approval or disapproval of
the Commission's recommendations.
``(2) Commission <<NOTE: Deadline.>> reconsideration.--If
the Commission prepares a revised list of recommendations under
section 2903(e)(3) in 2005 in response to the review of the
President in that year under paragraph (1), the Commission shall
transmit the revised list to the President not later than
October 20, 2005.
``(3) Effect of failure to <<NOTE: Deadline. Termination.>>
transmit.--If the President does not transmit to Congress an
approval and certification described in paragraph (2) or (4) of
section 2903(e) by November 7, 2005, the process by which
military installations may be selected for closure or
realignment under this part in 2005 shall be terminated.
``(4) Effect of transmittal.--A report of the President
under this subsection containing the President's approval of the
Commission's recommendations is deemed to be a report under
section 2903(e) for purposes of sections 2904 and 2908.''.
SEC. 3004. LIMITATIONS ON PRIVATIZATION IN PLACE.
Section 2904(a) of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
[[Page 115 STAT. 1348]]
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) carry out the privatization in place of a military
installation recommended for closure or realignment by the
Commission in the 2005 report only if privatization in place is
a method of closure or realignment of the military installation
specified in the recommendations of the Commission in such
report and is determined by the Commission to be the most cost-
effective method of implementation of the recommendation;''.
SEC. 3005. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
(a) Establishment.--The Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
is amended by inserting after section 2906 the following new section:
``SEC. 2906A. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
``(a) In General.--(1) If the Secretary makes the certifications
required under section 2912(b), there shall be established on the books
of the Treasury an account to be known as the `Department of Defense
Base Closure Account 2005' (in this section referred to as the
`Account'). The Account shall be administered by the Secretary as a
single account.
``(2) There shall be deposited into the Account--
``(A) funds authorized for and appropriated to the Account;
``(B) any funds that the Secretary may, subject to approval
in an appropriation Act, transfer to the Account from funds
appropriated to the Department of Defense for any purpose,
except that such funds may be transferred only after the date on
which the Secretary transmits written notice of, and
justification for, such transfer to the congressional defense
committees; and
``(C) except as provided in subsection (d), proceeds
received from the lease, transfer, or disposal of any property
at a military installation that is closed or realigned under
this part pursuant to a closure or realignment the date of
approval of which is after January 1, 2005.
``(3) The Account shall be closed at the time and in the manner
provided for appropriation accounts under section 1555 of title 31,
United States Code. Unobligated funds which remain in the Account upon
closure shall be held by the Secretary of the Treasury until transferred
by law after the congressional defense committees receive the final
report transmitted under subsection (c)(2).
``(b) Use of Funds.--(1) The Secretary may use the funds in the
Account only for the purposes described in section 2905 with respect to
military installations the date of approval of closure or realignment of
which is after January 1, 2005.
``(2) When a decision is made to use funds in the Account to carry
out a construction project under section 2905(a) and the cost of the
project will exceed the maximum amount authorized by law for a minor
military construction project, the Secretary shall notify in writing the
congressional defense committees of the nature of, and justification
for, the project and the amount of expenditures for such project. Any
such construction project may be carried out without regard to section
2802(a) of title 10, United States Code.
[[Page 115 STAT. 1349]]
``(c) Reports.--(1)(A) No <<NOTE: Deadline.>> later than 60 days
after the end of each fiscal year in which the Secretary carries out
activities under this part using amounts in the Account, the Secretary
shall transmit a report to the congressional defense committees of the
amount and nature of the deposits into, and the expenditures from, the
Account during such fiscal year and of the amount and nature of other
expenditures made pursuant to section 2905(a) during such fiscal year.
``(B) The report for a fiscal year shall include the following:
``(i) The obligations and expenditures from the Account
during the fiscal year, identified by subaccount, for each
military department and Defense Agency.
``(ii) The fiscal year in which appropriations for such
expenditures were made and the fiscal year in which funds were
obligated for such expenditures.
``(iii) Each military construction project for which such
obligations and expenditures were made, identified by
installation and project title.
``(iv) A description and explanation of the extent, if any,
to which expenditures for military construction projects for the
fiscal year differed from proposals for projects and funding
levels that were included in the justification transmitted to
Congress under section 2907(1), or otherwise, for the funding
proposals for the Account for such fiscal year, including an
explanation of--
``(I) any failure to carry out military construction
projects that were so proposed; and
``(II) any expenditures for military construction
projects that were not so proposed.
``(2) <<NOTE: Deadline.>> No later than 60 days after the
termination of the authority of the Secretary to carry out a closure or
realignment under this part with respect to military installations the
date of approval of closure or realignment of which is after January 1,
2005, and no later than 60 days after the closure of the Account under
subsection (a)(3), the Secretary shall transmit to the congressional
defense committees a report containing an accounting of--
``(A) all the funds deposited into and expended from the
Account or otherwise expended under this part with respect to
such installations; and
``(B) any amount remaining in the Account.
``(d) Disposal or Transfer of Commissary Stores and Property
Purchased With Nonappropriated Funds.--(1) If any real property or
facility acquired, constructed, or improved (in whole or in part) with
commissary store funds or nonappropriated funds is transferred or
disposed of in connection with the closure or realignment of a military
installation under this part the date of approval of closure or
realignment of which is after January 1, 2005, a portion of the proceeds
of the transfer or other disposal of property on that installation shall
be deposited in the reserve account established under section
204(b)(7)(C) of the Defense Authorization Amendments and Base Closure
and Realignment Act (10 U.S.C. 2687 note).
``(2) The amount so deposited shall be equal to the depreciated
value of the investment made with such funds in the acquisition,
construction, or improvement of that particular real property or
facility. The depreciated value of the investment shall be computed in
accordance with regulations prescribed by the Secretary.
[[Page 115 STAT. 1350]]
``(3) The Secretary may use amounts in the reserve account, without
further appropriation, for the purpose of acquiring, constructing, and
improving--
``(A) commissary stores; and
``(B) real property and facilities for nonappropriated fund
instrumentalities.
``(4) In this subsection, the terms `commissary store funds',
`nonappropriated funds', and `nonappropriated fund instrumentality'
shall have the meaning given those terms in section 2906(d)(4).
``(e) Account Exclusive Source of Funds for Environmental
Restoration Projects.--Except as provided in section 2906(e) with
respect to funds in the Department of Defense Base Closure Account 1990
under section 2906 and except for funds deposited into the Account under
subsection (a), funds appropriated to the Department of Defense may not
be used for purposes described in section 2905(a)(1)(C). The prohibition
in this subsection shall expire upon the closure of the Account under
subsection (a)(3).''.
(b) Conforming Amendments.--Section 2906 of that Act <<NOTE: 10 USC
2687 note.>> is amended--
(1) in subsection (a)(2)(C), by inserting ``the date of
approval of closure or realignment of which is before January 1,
2005'' after ``under this part'';
(2) in subsection (b)(1), by inserting ``with respect to
military installations the date of approval of closure or
realignment of which is before January 1, 2005,'' after
``section 2905'';
(3) in subsection (c)(2)--
(A) in the matter preceding subparagraph (A), by
inserting ``with respect to military installations the
date of approval of closure or realignment of which is
before January 1, 2005,'' after ``under this part''; and
(B) in subparagraph (A), by inserting ``with respect
to such installations'' after ``under this part'';
(4) in subsection (d)(1), by inserting ``the date of
approval of closure or realignment of which is before January 1,
2005'' after ``under this part''; and
(5) in subsection (e), by striking ``Except for'' and
inserting ``Except as provided in section 2906A(e) with respect
to funds in the Department of Defense Base Closure Account 2005
under section 2906A and except for''.
(c) Clerical Amendment.--The section heading of section 2906 of that
Act is amended by striking ``account'' and inserting ``department of
defense base closure account 1990''.
SEC. 3006. IMPLEMENTATION OF CLOSURE AND REALIGNMENT DECISIONS.
(a) Requirement To Receive Fair Market Value.--Section 2905(b)(4)(B)
of that Act <<NOTE: 10 USC 2687 note.>> is amended--
(1) in the first sentence, by striking ``shall be without
consideration'' in the matter preceding clause (i) and inserting
``may be without consideration''; and
(2) by inserting after ``(B)'' the following new sentence:
``With respect to military installations for which the date of
approval of closure or realignment is after January 1, 2005, the
Secretary shall seek to obtain consideration in connection with
any transfer under this paragraph of property located
[[Page 115 STAT. 1351]]
at the installation in an amount equal to the fair market value
of the property, as determined by the Secretary.''.
(b) Transfers in Connection With Payment of Environmental
Remediation.--Section 2905(e) of that Act is amended--
(1) in paragraph (1)(B), by adding at the end the following
new sentence: ``The real property and facilities referred to in
subparagraph (A) are also the real property and facilities
located at an installation approved for closure or realignment
under this part after 2001 that are available for purposes other
than to assist the homeless.'';
(2) in paragraph (2)(A), by striking ``to be paid by the
recipient of the property or facilities'' and inserting
``otherwise to be paid by the Secretary with respect to the
property or facilities'';
(3) by striking paragraph (6);
(4) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(5) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In the case of property or facilities covered by a
certification under paragraph (2)(A), the Secretary may pay the
recipient of such property or facilities an amount equal to the lesser
of--
``(A) the amount by which the costs incurred by the
recipient of such property or facilities for all environmental
restoration, waste, management, and environmental compliance
activities with respect to such property or facilities exceed
the fair market value of such property or facilities as
specified in such certification; or
``(B) the amount by which the costs (as determined by the
Secretary) that would otherwise have been incurred by the
Secretary for such restoration, management, and activities with
respect to such property or facilities exceed the fair market
value of such property or facilities as so specified.''.
(c) Scope of Indemnification of Transferees in Connection With
Payment of Environmental Remediation.--Paragraph (6) of section 2905(e)
of that Act, as redesignated by subsection (b)(4), is amended by
inserting before the period the following: ``, except in the case of
releases or threatened releases not disclosed pursuant to paragraph
(4)''.
SEC. 3007. TECHNICAL AND CLARIFYING AMENDMENTS.
(a) Relationship to Other Base Closure Authority.--Section 2909(a)
of the Defense Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by striking
``the date of the enactment of this Act and ending on December 31,
1995,'' and inserting ``November 5, 1990, and ending on April 15,
2006,''.
(b) Commencement of Period for Notice of Interest in Property for
Homeless.--Section 2905(b)(7)(D)(ii)(I) of that Act is amended by
striking ``that date'' and inserting ``the date of publication of such
determination in a newspaper of general circulation in the communities
in the vicinity of the installation under subparagraph (B)(i)(IV)''.
(c) Committee Name.--That Act is further amended by striking
``National Security'' and inserting ``Armed Services'' each place it
appears in the following provisions:
(A) Section 2902(e)(2)(B)(ii). <<NOTE: 10 USC 2687 note.>>
[[Page 115 STAT. 1352]]
(B) Section 2908(b). <<NOTE: 10 USC 2687 note.>>
(d) Other Clarifying Amendments.--(1) That Act <<NOTE: 10 USC 2687
note.>> is further amended by inserting ``or realignment'' after
``closure'' each place it appears in the following provisions:
(A) Section 2905(b)(3).
(B) Section 2905(b)(5).
(C) Section 2905(b)(7)(B)(iv).
(D) Section 2905(b)(7)(N).
(E) Section 2910(10)(B).
(2) That Act is further amended by inserting ``or realigned'' after
``closed'' each place it appears in the following provisions:
(A) Section 2905(b)(3)(C)(ii).
(B) Section 2905(b)(3)(D).
(C) Section 2905(b)(3)(E).
(D) Section 2905(b)(5)(A).
(E) Section 2910(9).
(F) Section 2910(10).
(3) Section 2905(e)(1)(B) of that Act is amended by inserting ``, or
realigned or to be realigned,'' after ``closed or to be closed''.
SEC. 3008. PREPARATION <<NOTE: 50 USC 2401 note.>> OF
INFRASTRUCTURE PLAN FOR THE NUCLEAR
WEAPONS COMPLEX.
(a) Infrastructure Plan for Nuclear Weapons Complex.--
(1) Preparation and submission.--Not <<NOTE: Deadline.>>
later than the date on which the budget for the Department of
Energy for fiscal year 2004 is submitted to Congress, the
Secretary of Energy shall submit to Congress an infrastructure
plan for the nuclear weapons complex adequate to support the
nuclear weapons stockpile, the naval reactors program, and
nonproliferation and national security activities.
(2) Special considerations.--In preparing the infrastructure
plan, the Secretary shall take into consideration the following:
(A) The Department of Defense Nuclear Posture Review
required pursuant to section 1041 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).
(B) Any efficiencies and security benefits of
consolidation of facilities of the nuclear weapons
complex.
(C) The necessity to have a residual production
capability.
(b) Recommendations Regarding Realignments and Closures.--On the
basis of the infrastructure plan prepared under subsection (a), the
Secretary shall make such recommendations regarding the need to close or
realign facilities of the nuclear weapons complex as the Secretary
considers appropriate, including the Secretary's recommendations on
whether to establish a process by which a round of closures and
realignments would be carried out and any additional legislative
authority necessary to implement the recommendations. The Secretary
shall submit the recommendations as part of the infrastructure plan
under subsection (a).
(c) Definitions.--In this section:
(1) The terms ``Secretary'' and ``Secretary of Energy'' mean
the Secretary of Energy, acting after consideration of the
recommendations of the Administrator for Nuclear Security.
[[Page 115 STAT. 1353]]
(2) The term ``nuclear weapons complex'' means the national
security laboratories and nuclear weapons production facilities
(as such terms are defined in section 3281 of the National
Nuclear Security Administration Act (50 U.S.C. 2471)) and the
facilities of the Naval Nuclear Propulsion Program provided for
under the Naval Nuclear Propulsion Executive Order (as such term
is defined in section 3216 of such Act (50 U.S.C. 2406)).
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on minor construction projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfer of defense environmental management funds.
Sec. 3130. Transfer of weapons activities funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Consolidation of Nuclear Cities Initiative program with
Initiatives for Proliferation Prevention program.
Sec. 3132. Nuclear Cities Initiative.
Sec. 3133. Limitation on availability of funds for weapons activities
for facilities and infrastructure.
Sec. 3134. Limitation on availability of funds for other defense
activities for national security programs
administrative support.
Sec. 3135. Termination date of Office of River Protection, Richland,
Washington.
Sec. 3136. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.
Sec. 3137. Reports on achievement of milestones for National Ignition
Facility.
Subtitle D--Matters Relating to Management of the National Nuclear
Security Administration
Sec. 3141. Establishment of Principal Deputy Administrator of National
Nuclear Security Administration.
Sec. 3142. Elimination of requirement that national security
laboratories and nuclear weapons production
facilities report to Deputy Administrator for
Defense Programs.
Sec. 3143. Repeal of duplicative provision relating to dual office
holding by personnel of National Nuclear Security
Administration.
Sec. 3144. Report on adequacy of Federal pay and hiring authorities to
meet personnel requirements of National Nuclear
Security Administration.
Subtitle E--Other Matters
Sec. 3151. Improvements to Energy Employees Occupational Illness
Compensation Program.
[[Page 115 STAT. 1354]]
Sec. 3152. Department of Energy counterintelligence polygraph program.
Sec. 3153. One-year extension of authority of Department of Energy to
pay voluntary separation incentive payments.
Sec. 3154. Annual assessment and report on vulnerability of Department
of Energy facilities to terrorist attack.
Sec. 3155. Disposition of surplus defense plutonium at Savannah River
Site, Aiken, South Carolina.
Sec. 3156. Modification of date of report of panel to assess the
reliability, safety, and security of the United
States nuclear stockpile.
Subtitle F--Rocky Flats National Wildlife Refuge
Sec. 3171. Short title.
Sec. 3172. Findings and purposes.
Sec. 3173. Definitions.
Sec. 3174. Future ownership and management.
Sec. 3175. Transfer of management responsibilities and jurisdiction over
Rocky Flats.
Sec. 3176. Administration of retained property; continuation of cleanup
and closure.
Sec. 3177. Rocky Flats National Wildlife Refuge.
Sec. 3178. Comprehensive planning process.
Sec. 3179. Property rights.
Sec. 3180. Liabilities and other obligations.
Sec. 3181. Rocky Flats Museum.
Sec. 3182. Annual report on funding.
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 $7,121,094,000, to be allocated as follows:
(1) Weapons activities.--For weapons activities,
$5,343,567,000, to be allocated as follows:
(A) For stewardship operation and maintenance,
$4,601,871,000, to be allocated as follows:
(i) For directed stockpile work,
$1,002,274,000.
(ii) For campaigns, $2,074,473,000, to be
allocated as follows:
(I) For operation and maintenance,
$1,704,501,000.
(II) For construction, $369,972,000,
to be allocated as follows:
Project 01-D-101,
distributed information systems
laboratory, Sandia National
Laboratories, Livermore,
California, $5,400,000.
Project 00-D-103, terascale
simulation facility, Lawrence
Livermore National Laboratory,
Livermore, California,
$22,000,000.
Project 00-D-105, strategic
computing complex, Los Alamos
National Laboratory, Los Alamos,
New Mexico, $11,070,000.
Project 00-D-107, joint
computational engineering
laboratory, Sandia National
Laboratories, Albuquerque, New
Mexico, $5,377,000.
Project 98-D-125, tritium
extraction facility, Savannah
River Plant, Aiken, South
Carolina, $81,125,000.
[[Page 115 STAT. 1355]]
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, $1,525,124,000, to be allocated as
follows:
(I) For operation and maintenance,
$1,348,260,000.
(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),
$176,864,000, to be allocated as
follows:
Project 02-D-103, project
engineering and design (PED),
various locations, $22,830,000.
Project 02-D-105,
engineering technology complex
upgrade, Lawrence Livermore
National Laboratory, Livermore,
California, $4,750,000.
Project 02-D-107, electrical
power systems safety
communications and bus upgrades,
Nevada Test Site, Nevada,
$3,507,000.
Project 01-D-101,
microsystems and engineering
sciences applications (MESA),
Sandia National Laboratories,
Albuquerque, New Mexico,
$39,000,000.
Project 01-D-103,
preliminary project design and
engineering, various locations,
$16,379,000.
Project 01-D-107, Atlas
relocation, Nevada Test Site,
Nevada, $3,300,000.
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-108, renovate
existing roadways, Nevada Test
Site, Nevada, $2,000,000.
Project 99-D-125, replace
boilers and controls, Kansas
City Plant, Kansas City,
Missouri, $300,000.
[[Page 115 STAT. 1356]]
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 secure transportation asset, $121,800,000,
to be allocated as follows:
(i) For operation and maintenance,
$77,571,000.
(ii) For program direction, $44,229,000.
(C) 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.
(D) For facilities and infrastructure, $200,000,000.
(E) The total amount authorized by this paragraph is
the sum of the amounts authorized to be appropriated by
subparagraphs (A) through (D), reduced by $28,985,000,
to be derived from a security charge for reimbursable
work.
(2) Defense nuclear nonproliferation.--For defense nuclear
nonproliferation activities, $776,886,000, to be allocated as
follows:
(A) For nonproliferation and verification research
and development, $244,306,000, to be allocated as
follows:
(i) For operation and maintenance,
$208,500,000.
(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.
[[Page 115 STAT. 1357]]
(B) For arms control and Russian transition
initiatives, $117,741,000.
(C) For international materials protection, control,
and accounting, $143,800,000.
(D) For highly enriched uranium transparency
implementation, $13,950,000.
(E) For international nuclear safety, $10,000,000.
(F) For fissile materials control and disposition,
$289,089,000, to be allocated as follows:
(i) For United States surplus fissile
materials disposition, $228,089,000, 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),
$98,000,000, 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,
$11,000,000.
Project 99-D-143, mixed
oxide fuel fabrication facility,
Savannah River Site, Aiken,
South Carolina, $63,000,000.
(ii) For Russian surplus fissile materials
disposition, $61,000,000.
(G) The total amount authorized by this paragraph is
the sum of the amounts authorized to be appropriated by
subparagraphs (A) through (F), 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) Office of administrator for nuclear security.--For the
Office of the Administrator for Nuclear Security, and for
program direction for the National Nuclear Security
Administration (other than for naval reactors and secure
transportation asset), $312,596,000.
[[Page 115 STAT. 1358]]
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 $6,022,415,000, to be
allocated as follows:
(1) Closure projects.--For closure projects carried out in
accordance with section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2836; 42 U.S.C. 7277n), $1,080,538,000.
(2) Site/project completion.--For site completion and
project completion in carrying out environmental management
activities necessary for national security programs,
$959,696,000, to be allocated as follows:
(A) For operation and maintenance, $919,030,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisition
related thereto), $40,666,000, to be allocated as
follows:
Project 01-D-402, Intec cathodic protection
system expansion, Idaho National Engineering and
Environmental Laboratory, Idaho Falls, Idaho,
$3,256,000.
Project 02-D-420, plutonium stabilization and
packaging, Savannah River Site, Aiken, South
Carolina, $20,000,000.
Project 01-D-414, preliminary project,
engineering and design (PE&D), various locations,
$2,754,000.
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,
$3,265,201,000, to be allocated as follows:
(A) For operation and maintenance, $1,955,979,000.
(B) For uranium enrichment decontamination and
decommissioning fund contribution, $420,000,000.
(C) 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:
[[Page 115 STAT. 1359]]
Project 93-D-187, high-level waste removal
from filled waste tanks, Savannah River Site,
Aiken, South Carolina, $6,754,000.
(D) For the Office of River Protection in carrying
out environmental restoration and waste management
activities necessary for national security programs,
$882,468,000, to be allocated as follows:
(i) For operation and maintenance,
$322,151,000.
(ii) For plant projects (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the
continuation of projects authorized in prior
years, and land acquisition related thereto),
$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, $216,000,000.
(5) Excess facilities.--For excess facilities in carrying
out environmental restoration and waste management activities
necessary for national security programs, $1,300,000.
(6) Safeguards and security.--For safeguards and security in
carrying out environmental restoration and waste management
activities necessary for national security programs,
$205,621,000.
(7) Program direction.--For program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs, $355,761,000.
(b) Adjustment.--The total amount authorized to be appropriated by
subsection (a) is the sum of the amounts authorized to be appropriated
by paragraphs (1) through (7) of that subsection, reduced by
$61,702,000, of which $56,311,000 is to reflect an offset provided by
use of prior year balances and $5,391,000 is to be derived from a
security charge for reimbursable work.
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 $499,663,000, to be allocated as follows:
(1) Intelligence.--For intelligence, $40,844,000.
(2) Counterintelligence.--For counterintelligence,
$46,000,000.
(3) Security and emergency operations.--For security and
emergency operations, $250,427,000, to be allocated as follows:
(A) For nuclear safeguards and security,
$116,500,000.
(B) For security investigations, $44,927,000.
[[Page 115 STAT. 1360]]
(C) For corporate management information programs,
$10,000,000.
(D) For program direction, $79,000,000.
(4) Independent oversight and performance assurance.--For
independent oversight and performance assurance, $14,904,000.
(5) Office of environment, safety, and health.--For the
Office of Environment, Safety, and Health, $113,307,000, to be
allocated as follows:
(A) For environment, safety, and health (defense),
$91,307,000.
(B) For program direction, $22,000,000.
(6) Worker and community transition assistance.--For worker
and community transition assistance, $20,000,000, to be
allocated as follows:
(A) For worker and community transition,
$18,000,000.
(B) For program direction, $2,000,000.
(7) Office of hearings and appeals.--For the Office of
Hearings and Appeals, $2,893,000.
(8) National security programs administrative support.--For
national security programs administrative support, $22,000,000.
(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 be derived from a security
charge for reimbursable work.
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 $153,537,000, to be
allocated as follows:
Project 02-PVT-1, Paducah disposal facility, Paducah,
Kentucky, $13,329,000.
Project 02-PVT-2, Portsmouth disposal facility, Portsmouth,
Ohio, $2,000,000.
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $49,332,000.
Project 98-PVT-5, environmental management/waste management
disposal, Oak Ridge, Tennessee, $26,065,000.
Project 97-PVT-2, advanced mixed waste treatment project,
Idaho Falls, Idaho, $52,000,000.
Project 97-PVT-3, transuranic waste treatment, Oak Ridge,
Tennessee, $10,826,000.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2002 for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(c)) in the amount of $280,000,000.
[[Page 115 STAT. 1361]]
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Except as provided in sections 3129 and 3130, 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 MINOR CONSTRUCTION PROJECTS.
(a) Authority.--The Secretary of Energy may carry out any minor
construction project using operation and maintenance funds, or
facilities and infrastructure funds, authorized by this title.
(b) Annual Report.--The Secretary shall submit to the congressional
defense committees on an annual basis a report on each exercise of the
authority in subsection (a) during the preceding year. Each report shall
provide a brief description of each minor construction project covered
by the report.
(c) Cost Variation Reports to Congressional Committees.--If, at any
time during the construction of any minor construction project
authorized by this title, the estimated cost of the project is revised
and the revised cost of the project exceeds $5,000,000, the Secretary
shall immediately submit to the congressional defense committees a
report explaining the reasons for the cost variation.
(d) Minor Construction Project Defined.--In this section, the term
``minor construction project'' means any plant project not specifically
authorized by law if the approved total estimated cost of the plant
project does not exceed $5,000,000.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or additional
obligations incurred in connection with the project above the total
estimated cost, whenever the current estimated cost of the construction
project, authorized by section 3101, 3102, or 3103, or which is in
support of national security programs of the Department of Energy and
was authorized by any previous Act, exceeds by more than 25 percent the
higher of--
[[Page 115 STAT. 1362]]
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted
to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and the
circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph (2),
there is excluded any day on which either House of Congress is not in
session because of an adjournment of more than 3 days to a day certain.
(b) Exception.--Subsection (a) does not apply to a construction
project with a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy may
transfer funds authorized to be appropriated to the Department of Energy
pursuant to this title to other Federal agencies for the performance of
work for which the funds were authorized. Funds so transferred may be
merged with and be available for the same purposes and for the same time
period as the authorizations of the Federal agency to which the amounts
are transferred.
(b) Transfer Within Department of Energy.--(1) Subject to paragraph
(2), the Secretary of Energy may transfer funds authorized to be
appropriated to the Department of Energy pursuant to this title between
any such authorizations. Amounts of authorizations so transferred may be
merged with and be available for the same purposes and for the same
period as the authorization to which the amounts are transferred.
(2) Not more than 5 percent of any such authorization may be
transferred between authorizations under paragraph (1). No such
authorization may be increased or decreased by more than 5 percent by a
transfer under such paragraph.
(c) Limitations.--The authority provided by this subsection to
transfer authorizations--
(1) may be used only to provide funds for items relating to
activities necessary for national security programs that have a
higher priority than the items from which the funds are
transferred; and
(2) may not be used to provide funds for an item for which
Congress has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall promptly
notify the Committees on Armed Services of the Senate and House of
Representatives of any transfer of funds to or from authorizations under
this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement of Conceptual Design.--(1) Subject to paragraph (2)
and except as provided in paragraph (3), before submitting to Congress a
request for funds for a construction project that is in support of a
national security program of the Department of Energy, the Secretary of
Energy shall complete a conceptual design for that project.
[[Page 115 STAT. 1363]]
(2) If the estimated cost of completing a conceptual design for a
construction project exceeds $3,000,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before submitting
a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a request for
funds--
(A) for a minor construction project the total estimated
cost of which is less than $5,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the amounts
authorized by this title, the Secretary of Energy may carry out
construction design (including architectural and engineering services)
in connection with any proposed construction project if the total
estimated cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000, funds for
that design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available
to the Department of Energy pursuant to an authorization in this title,
including funds authorized to be appropriated for advance planning,
engineering, and construction design, and for plant projects, under
sections 3101, 3102, 3103, and 3104 to perform planning, design, and
construction activities for any Department of Energy national security
program construction project that, as determined by the Secretary, must
proceed expeditiously in order to protect public health and safety, to
meet the needs of national defense, or to protect property.
(b) Limitation.--The Secretary may not exercise the authority under
subsection (a) in the case of any construction project until the
Secretary has submitted to the congressional defense committees a report
on the activities that the Secretary intends to carry out under this
section and the circumstances making those activities necessary.
(c) Specific Authority.--The requirement of section 3125(b)(2) does
not apply to emergency planning, design, and construction activities
conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF
THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section 3121,
amounts appropriated pursuant to this title for management and support
activities and for general plant projects are available for use, when
necessary, in connection with all national security programs of the
Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), when so
specified in an appropriations Act, amounts appropriated for operation
and maintenance or for plant projects may remain available until
expended.
(b) Exception for Program Direction Funds.--Amounts appropriated for
program direction pursuant to an authorization
[[Page 115 STAT. 1364]]
of appropriations in subtitle A shall remain available to be expended
only until the end of fiscal year 2003.
SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management Funds.--
The Secretary of Energy shall provide the manager of each field office
of the Department of Energy with the authority to transfer defense
environmental management funds from a program or project under the
jurisdiction of that office to another such program or project.
(b) Limitations.--(1) Not more than three transfers may be made to
or from any program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project in any
one transfer under subsection (a) may not exceed $5,000,000.
(3) A transfer may not be carried out by a manager of a field office
under subsection (a) unless the manager determines that the transfer is
necessary--
(A) to address a risk to health, safety, or the environment;
or
(B) to assure the most efficient use of defense
environmental management funds at the field office.
(4) Funds transferred pursuant to subsection (a) may not be used for
an item for which Congress has specifically denied funds or for a new
program or project that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later than 30
days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to a
field office of the Department of Energy, any of the following:
(A) A program referred to or a project listed in
paragraph (2) or (3) of section 3102(a).
(B) A program or project not described in
subparagraph (A) that is for environmental restoration
or waste management activities necessary for national
security programs of the Department, that is being
carried out by that office, and for which defense
environmental management funds have been authorized and
appropriated before the date of the enactment of this
Act.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant to
an authorization for carrying out environmental restoration and
waste management activities necessary for national security
programs.
(f) Duration of Authority.--The managers of the field offices of the
Department may exercise the authority provided under subsection (a)
during the period beginning on October 1, 2001, and ending on September
30, 2002.
[[Page 115 STAT. 1365]]
SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES FUNDS.
(a) Transfer Authority for Weapons Activities Funds.--The Secretary
of Energy shall provide the manager of each field office of the
Department of Energy with the authority to transfer weapons activities
funds from a program or project under the jurisdiction of that office to
another such program or project.
(b) Limitations.--(1) Not more than 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 in any
one transfer under subsection (a) may not exceed $5,000,000.
(3) A transfer may not be carried out by a manager of a field office
under subsection (a) unless the manager determines that the transfer--
(A) is necessary to address a risk to health, safety, or the
environment; or
(B) will result in cost savings and efficiencies.
(4) A transfer may not be carried out by a manager of a field office
under subsection (a) to cover a cost overrun or scheduling delay for any
program or project.
(5) Funds transferred pursuant to subsection (a) may not be used for
an item for which Congress has specifically denied funds or for a new
program or project that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Administrator
for Nuclear Security, shall notify Congress of any transfer of funds
pursuant to subsection (a) not later than 30 days after such transfer
occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to a
field office of the Department of Energy, any of the following:
(A) A program referred to or a project listed in
section 3101(1).
(B) A program or project not described in
subparagraph (A) that is for weapons activities
necessary for national security programs of the
Department, that is being carried out by that office,
and for which weapons activities funds have been
authorized and appropriated before the date of the
enactment of this Act.
(2) The term ``weapons activities funds'' means funds
appropriated to the Department of Energy pursuant to an
authorization for carrying out weapons activities necessary for
national security programs.
(f) Duration of Authority.--The managers of the field offices of the
Department may exercise the authority provided under subsection (a)
during the period beginning on October 1, 2001, and ending on September
30, 2002.
[[Page 115 STAT. 1366]]
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. 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.
SEC. 3132. NUCLEAR CITIES INITIATIVE.
(a) Limitations on Use of Funds.--No funds authorized to be
appropriated for the Nuclear Cities Initiative after fiscal year 2001
may be obligated or expended with respect to more than three nuclear
cities, or more than two serial production facilities in Russia, until
30 days after the Administrator for Nuclear Security submits to the
appropriate congressional committees an agreement signed by the Russian
Federation on access under the Nuclear Cities Initiative to the ten
closed nuclear cities and four serial production facilities of the
Nuclear Cities Initiative.
(b) Annual Report.--(1) <<NOTE: Deadline.>> Not later than the
first Monday in February each year, the Administrator shall submit to
the appropriate congressional committees a report on financial and
programmatic activities with respect to the Nuclear Cities Initiative
during the preceding fiscal year.
(2) Each report shall include, for the fiscal year covered by such
report, the following:
(A) A list of each project that is or was completed,
ongoing, or planned under the Nuclear Cities Initiative during
such fiscal year.
(B) For each project listed under subparagraph (A),
information, current as of the end of such fiscal year, on the
following:
(i) The purpose of such project.
(ii) The budget for such project.
(iii) The life-cycle costs of such project.
(iv) Participants in such project.
(v) The commercial viability of such project.
(vi) The number of jobs in Russia created or to be
created by or through such project.
(vii) Of the total amount of funds spent on such
project, the percentage of such amount spent in the
United States and the percentage of such amount spent
overseas.
(C) A certification by the Administrator that each project
listed under subparagraph (A) did contribute, is contributing,
or will contribute, as the case may be, to the downsizing of the
nuclear weapons complex in Russia, together with a description
of the evidence utilized to make such certification.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives.
(2) Nuclear cities initiative.--The term ``Nuclear Cities
Initiative'' means the initiative arising pursuant to the March
1998 discussion between the Vice President of the United States
[[Page 115 STAT. 1367]]
and the Prime Minister of the Russian Federation and between the
Secretary of Energy of the United States and the Minister of
Atomic Energy of the Russian Federation.
(3) Nuclear city.--The term ``nuclear city'' means any of
the nuclear cities within the complex of the Russia Ministry of
Atomic Energy (MINATOM) as follows:
(A) Sarov (Arzamas-16 and Avangard).
(B) Zarechnyy (Penza-19).
(C) Novoural'sk (Sverdlovsk-44).
(D) Lesnoy (Sverdlovsk-45).
(E) Ozersk (Chelyabinsk-65).
(F) Snezhinsk (Chelyabinsk-70).
(G) Trechgornyy (Zlatoust-36).
(H) Seversk (Tomsk-7).
(I) Zhelenznogorsk (Krasnoyarsk-26).
(J) Zelenogorsk (Krasnoyarsk-45).
SEC. 3133. LIMITATION ON AVAILABILITY OF FUNDS FOR WEAPONS
ACTIVITIES FOR FACILITIES AND
INFRASTRUCTURE.
Not more than 50 percent of the funds authorized to be appropriated
by section 3101(a)(1)(D) for the National Nuclear Security
Administration for weapons activities for facilities and infrastructure
may be obligated or expended until the Administrator for Nuclear
Security submits to the congressional defense committees a report
setting forth the following:
(1) Criteria for the selection of projects to be carried out
using such funds.
(2) Criteria for establishing priorities among projects so
selected.
(3) A list of the projects so selected, including the
priority assigned to each such project.
SEC. 3134. LIMITATION ON AVAILABILITY OF FUNDS FOR OTHER DEFENSE
ACTIVITIES FOR NATIONAL SECURITY
PROGRAMS ADMINISTRATIVE SUPPORT.
Not more than $5,000,000 of the funds authorized to be appropriated
by section 3103(a)(8) for other defense activities for national security
programs administrative support may be obligated or expended until the
latest of the following:
(1) The date on which the Secretary of Energy submits to
Congress a report setting forth the purposes for which the
Secretary plans to obligate and expend such funds.
(2) The date on which the Administrator for Nuclear Security
submits to Congress the future-years nuclear security program
for fiscal year 2002 required by section 3253 of the National
Nuclear Security Administration Act (title XXXII of Public Law
106-65; 50 U.S.C. 2453).
(3) The date on which the Secretary of Energy submits to
Congress the report on the feasibility of using an energy
savings performance contract mechanism to offset, or possibly
cover, the cost of a new office building for the Albuquerque
operations office of the Department of Energy, as completed by
the Secretary in accordance with the directive contained in
Senate Report 106-50 (the report of the Committee on Armed
Services of the Senate to accompany the bill S. 1059 of the One
Hundred Sixth Congress, relating to the National Defense
Authorization Act for Fiscal Year 2000; p. 470).
[[Page 115 STAT. 1368]]
SEC. 3135. 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. 3136. 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) $6,900,000 shall be available for payment by the
Secretary for fiscal year 2002 to the Los Alamos National
Laboratory Foundation, a not-for-profit foundation chartered in
accordance with section 3167(a) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 2052); and
(2) $8,000,000 shall be available for extension of the
contract between the Department of Energy and the Los Alamos
Public Schools through fiscal year 2002.
(b) Support 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 year
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 <<NOTE: Deadline.>> later than March 1, 2002, the
Secretary shall submit to the congressional defense committees a report
setting forth the following:
[[Page 115 STAT. 1369]]
(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.
SEC. 3137. REPORTS ON ACHIEVEMENT OF MILESTONES FOR NATIONAL
IGNITION FACILITY.
(a) Notification of Achievement.--The Administrator for Nuclear
Security shall notify the congressional defense committees when the
National Ignition Facility (NIF), Lawrence Livermore National
Laboratory, Livermore, California, achieves each Level I milestone and
Level II milestone for the National Ignition Facility.
(b) Report on Failure of Timely Achievement.--Not later than 10 days
after the date on which the National Ignition Facility fails to achieve
a Level I milestone or Level II milestone for the National Ignition
Facility in a timely manner, the Administrator shall submit to the
congressional defense committees a report on such failure. Each such
report shall include--
(1) a statement of the failure of the National Ignition
Facility to achieve the milestone concerned in a timely manner;
(2) an explanation for the failure; and
(3) either--
(A) an estimate when that milestone will be
achieved; or
(B) if that milestone will not be achieved--
(i) a statement that that milestone will not
be achieved;
(ii) an explanation why that milestone will
not be achieved; and
(iii) the implications for the overall scope,
schedule, and budget of the National Ignition
Facility project of not achieving that milestone.
(c) Milestones.--For purposes of this section, the Level I
milestones and Level II milestones for the National Ignition Facility
are as established in the August 2000 revised National Ignition Facility
baseline document.
(d) Termination.--The requirements of this section shall terminate
on September 30, 2004.
Subtitle D--Matters Relating to Management of the National Nuclear
Security Administration
SEC. 3141. ESTABLISHMENT OF PRINCIPAL DEPUTY ADMINISTRATOR OF
NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Establishment.--Subtitle A of the National Nuclear Security
Administration Act (title XXXII of Public Law 106-65; 50 U.S.C. 2401 et
seq.) is amended--
[[Page 115 STAT. 1370]]
(1) by redesignating section 3213 <<NOTE: 50 USC 2403,
2410.>> as section 3220 and transferring such section, as so
redesignated, to the end of that subtitle; and
(2) by inserting after section 3212 the following new
section 3213:
``SEC. 3213. PRINCIPAL <<NOTE: 50 USC 2403.>> DEPUTY
ADMINISTRATOR FOR NUCLEAR SECURITY.
``(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 have extensive background in organizational management
and 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.''.
(b) Pay Level.--Section 5315 of title 5, United States Code, is
amended--
(1) 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
(2) by inserting ``Additional'' before ``Deputy
Administrators of the National Nuclear Security
Administration''.
(c) Clerical Amendments.--The table of contents preceding section
3201 of such Act is amended--
(1) by striking the item relating to section 3213 and
inserting the following:
``Sec. 3213. Principal Deputy Administrator for National Security.'';
and
(2) by inserting after the item relating to section 3218 the
following new items:
``Sec. 3219. Scope of authority of Secretary of Energy to modify
organization of Administration.
``Sec. 3220. Status of Administration and contractor personnel within
Department of Energy.''.
SEC. 3142. 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
(title XXXII of Public Law 106-65; 113 Stat. 959; 50 U.S.C. 2404) is
amended by striking subsection (c).
[[Page 115 STAT. 1371]]
SEC. 3143. REPEAL OF DUPLICATIVE PROVISION RELATING TO DUAL OFFICE
HOLDING BY PERSONNEL OF NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
Section 3245 of the National Nuclear Security Administration Act (50
U.S.C. 2443), as added by section 315 of the Energy and Water
Development Appropriations Act, 2001 (as enacted into law by Public Law
106-377; 114 Stat. 1441B-23), is repealed.
SEC. 3144. REPORT ON ADEQUACY OF FEDERAL PAY AND HIRING
AUTHORITIES TO MEET PERSONNEL
REQUIREMENTS OF NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) Report Required.--Not <<NOTE: Deadline.>> later than March 1,
2002, the Administrator for Nuclear Security shall submit to the
congressional committees specified in subsection (b) a report on the
adequacy of Federal pay and hiring authorities to meet the personnel
requirements of the National Nuclear Security Administration. The report
shall include the following:
(1) A description of the Federal pay and hiring authorities
available to the Administrator.
(2) A description of the Federal pay and hiring authorities
that are not available to the Administrator, and an explanation
why such authorities are not available.
(3) If any Federal pay and hiring authorities referred to in
paragraph (1) are not being used, an explanation why such
authorities are not being used.
(4) An assessment of whether or not existing Federal pay and
hiring authorities are adequate or inadequate to meet the
personnel requirements of the Administration.
(5) Any recommendations that the Administrator considers
appropriate for modifications or enhancements of existing
Federal pay and hiring authorities in order to meet the
personnel requirements of the Administration.
(6) Any recommendations that the Administrator considers
appropriate for new Federal pay and hiring authorities in order
to meet the personnel requirements of the Administration.
(7) A plan for structuring the pay and hiring authorities
with respect to the Federal workforce of the Administration so
to ensure that such workforce meets applicable requirements of
the most current five-year program plan for the Administration.
(b) Specified Committees.--The congressional committees referred to
in subsection (a) are the following:
(1) The Committee on Armed Services and the Committee on
Governmental Affairs of the Senate.
(2) The Committee on Armed Services and the Committee on
Government Reform of the House of Representatives.
Subtitle E--Other Matters
SEC. 3151. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.
(a) Amendments to Energy Employees Program.--The Energy Employees
Occupational Illness Compensation Program Act of 2000 (title XXXVI of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by
[[Page 115 STAT. 1372]]
Public Law 106-398; 114 Stat. 1654A-394); 42 U.S.C. 7384 et seq.) is
amended as follows:
(1) Certain leukemia as specified cancer.--Section 3621(17)
(114 Stat. 1654A-502; 42 U.S.C. 7384l(17)), as amended by
section 2403 of the Supplemental Appropriations Act, 2001
(Public Law 107-20; 115 Stat. 175), is further amended by adding
at the end the following new subparagraph:
``(D) Leukemia (other than chronic lymphocytic
leukemia), if initial occupational exposure occurred
before 21 years of age and onset occurred more than two
years after initial occupational exposure.''.
(2) Additional members of special exposure cohort.--Section
3626(b) (114 Stat. 1654A-505; 42 U.S.C. 7384q(b)) is amended in
the matter preceding paragraph (1) by inserting after
``Department of Energy facility'' the following: ``, or at an
atomic weapons employer facility,''.
(3) Establishment of chronic silicosis.--Section
3627(e)(2)(A) (114 Stat. 1654A-506; 42 U.S.C. 7384r(e)(2)(A)) is
amended by striking ``category 1/1'' and inserting ``category 1/
0''.
(4) Survivors.--
(A) Section 3628(e) (114 Stat. 1654A-506; 42 U.S.C.
7384s(e)) is amended to read as follows:
``(e) Payments in the Case of Deceased Persons.--(1) In the case of
a covered employee who is deceased at the time of payment of
compensation under this section, whether or not the death is the result
of the covered employee's occupational illness, such payment may be made
only as follows:
``(A) If the covered employee is survived by a spouse who is
living at the time of payment, such payment shall be made to
such surviving spouse.
``(B) If there is no surviving spouse described in
subparagraph (A), such payment shall be made in equal shares to
all children of the covered employee who are living at the time
of payment.
``(C) If there is no surviving spouse described in
subparagraph (A) and if there are no children described in
subparagraph (B), such payment shall be made in equal shares to
the parents of the covered employee who are living at the time
of payment.
``(D) If there is no surviving spouse described in
subparagraph (A), and if there are no children described in
subparagraph (B) or parents described in subparagraph (C), such
payment shall be made in equal shares to all grandchildren of
the covered employee who are living at the time of payment.
``(E) If there is no surviving spouse described in
subparagraph (A), and if there are no children described in
subparagraph (B), parents described in subparagraph (C), or
grandchildren described in subparagraph (D), then such payment
shall be made in equal shares to the grandparents of the covered
employee who are living at the time of payment.
``(F) Notwithstanding the other provisions of this
paragraph, if there is--
``(i) a surviving spouse described in subparagraph
(A); and
``(ii) at least one child of the covered employee
who is living and a minor at the time of payment and who
[[Page 115 STAT. 1373]]
is not a recognized natural child or adopted child of
such surviving spouse,
then half of such payment shall be made to such surviving
spouse, and the other half of such payment shall be made in
equal shares to each child of the covered employee who is living
and a minor at the time of payment.
``(2) If a covered employee eligible for payment dies before filing
a claim under this title, a survivor of that employee who may receive
payment under paragraph (1) may file a claim for such payment.
``(3) For purposes of this subsection--
``(A) the `spouse' of an individual is a wife or husband of
that individual who was married to that individual for at least
one year immediately before the death of that individual;
``(B) a `child' includes a recognized natural child, a
stepchild who lived with an individual in a regular parent-child
relationship, and an adopted child;
``(C) a `parent' includes fathers and mothers through
adoption;
``(D) a `grandchild' of an individual is a child of a child
of that individual; and
``(E) a `grandparent' of an individual is a parent of a
parent of that individual.''.
(B) Section 3630(e) (114 Stat. 1654A-507; 42 U.S.C.
7384u(e)) is amended to read as follows:
``(e) Payments in the Case of Deceased Persons.--(1) In the case of
a covered employee who is deceased at the time of payment of
compensation under this section, whether or not the death is the result
of the covered employee's occupational illness, such payment may be made
only as follows:
``(A) If the covered employee is survived by a spouse who is
living at the time of payment, such payment shall be made to
such surviving spouse.
``(B) If there is no surviving spouse described in
subparagraph (A), such payment shall be made in equal shares to
all children of the covered employee who are living at the time
of payment.
``(C) If there is no surviving spouse described in
subparagraph (A) and if there are no children described in
subparagraph (B), such payment shall be made in equal shares to
the parents of the covered employee who are living at the time
of payment.
``(D) If there is no surviving spouse described in
subparagraph (A), and if there are no children described in
subparagraph (B) or parents described in subparagraph (C), such
payment shall be made in equal shares to all grandchildren of
the covered employee who are living at the time of payment.
``(E) If there is no surviving spouse described in
subparagraph (A), and if there are no children described in
subparagraph (B), parents described in subparagraph (C), or
grandchildren described in subparagraph (D), then such payment
shall be made in equal shares to the grandparents of the covered
employee who are living at the time of payment.
``(F) Notwithstanding the other provisions of this
paragraph, if there is--
``(i) a surviving spouse described in subparagraph
(A); and
[[Page 115 STAT. 1374]]
``(ii) at least one child of the covered employee
who is living and a minor at the time of payment and who
is not a recognized natural child or adopted child of
such surviving spouse,
then half of such payment shall be made to such surviving
spouse, and the other half of such payment shall be made in
equal shares to each child of the covered employee who is living
and a minor at the time of payment.
``(2) If a covered employee eligible for payment dies before filing
a claim under this title, a survivor of that employee who may receive
payment under paragraph (1) may file a claim for such payment.
``(3) For purposes of this subsection--
``(A) the `spouse' of an individual is a wife or husband of
that individual who was married to that individual for at least
one year immediately before the death of that individual;
``(B) a `child' includes a recognized natural child, a
stepchild who lived with an individual in a regular parent-child
relationship, and an adopted child;
``(C) a `parent' includes fathers and mothers through
adoption;
``(D) a `grandchild' of an individual is a child of a child
of that individual; and
``(E) a `grandparent' of an individual is a parent of a
parent of that individual.''.
(C) Paragraph (18) of section 3621 (114 Stat. 1654A-
502; 42 U.S.C. 7384l) is repealed.
(D) <<NOTE: Effective date. 42 USC 7384l note.>>
The amendments made by this paragraph shall take effect
on July 1, 2001.
(5) Election of remedies.--Section 3645 (114 Stat. 1654A-
510; 42 U.S.C. 7385d) is amended by amending subsections (a)
through (d) to read as follows:
``(a) Effect of Tort Cases Filed Before Enactment of Original Law.--
(1) Except as provided in paragraph (2), if an otherwise eligible
individual filed a tort case specified in subsection (d) before October
30, 2000, such individual shall be eligible for compensation and
benefits under subtitle B.
``(2) If such tort case remained pending as of the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2002, and such individual does not dismiss such tort case before
December 31, 2003, such individual shall not be eligible for such
compensation or benefits.
``(b) Effect of Tort Cases Filed Between Enactment of Original Law
and Enactment of 2001 Amendments.--(1) Except as provided in paragraph
(2), if an otherwise eligible individual filed a tort case specified in
subsection (d) during the period beginning on October 30, 2000, and
ending on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2002, such individual shall not be
eligible for such compensation or benefits.
``(2) If such individual dismisses such tort case on or before the
last permissible date specified in paragraph (3), such individual shall
be eligible for such compensation or benefits.
``(3) The last permissible date referred to in paragraph (2) is the
later of the following dates:
``(A) April 30, 2003.
[[Page 115 STAT. 1375]]
``(B) The date that is 30 months after the date the
individual first becomes aware that an illness covered by
subtitle B of a covered employee may be connected to the
exposure of the covered employee in the performance of duty
under section 3623.
``(c) Effect of Tort Cases Filed After Enactment of 2001
Amendments.--(1) If an otherwise eligible individual files a tort case
specified in subsection (d) after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2002, such individual
shall not be eligible for such compensation or benefits if a final court
decision is entered against such individual in such tort case.
``(2) If such a final court decision is not entered, such individual
shall nonetheless not be eligible for such compensation or benefits,
except as follows: If such individual dismisses such tort case on or
before the last permissible date specified in paragraph (3), such
individual shall be eligible for such compensation and benefits.
``(3) The last permissible date referred to in paragraph (2) is the
later of the following dates:
``(A) April 30, 2003.
``(B) The date that is 30 months after the date the
individual first becomes aware that an illness covered by
subtitle B of a covered employee may be connected to the
exposure of the covered employee in the performance of duty
under section 3623.
``(d) Covered Tort Cases.--A tort case specified in this subsection
is a tort case alleging a claim referred to in section 3643 against a
beryllium vendor or atomic weapons employer.''.
(6) Attorney fees.--Section 3648 (114 Stat. 1654A-511; 42
U.S.C. 7385g) is amended--
(A) in subsection (a), by inserting after ``the
claim of an individual'' the following: ``for payment of
lump-sum compensation'';
(B) in subsection (b)(1), by inserting after
``initial claim'' the following: ``for payment of lump-
sum compensation'';
(C) in subsection (b)(2), by striking ``with respect
to any claim'' and all that follows through the period
at the end and inserting ``with respect to objections to
a recommended decision denying payment of lump-sum
compensation.'';
(D) by redesignating subsection (c) as subsection
(d); and
(E) by inserting after subsection (b) the following
new subsection (c):
``(c) Inapplicability to Other Services.--This section shall not
apply with respect to services rendered that are not in connection with
such a claim for payment of lump-sum compensation.''.
(b) <<NOTE: 42 USC 7384 note.>> Study of Residual Contamination of
Facilities.--(1) The National Institute for Occupational Safety and
Health shall, with the cooperation of the Department of Energy and the
Department of Labor, carry out a study on the following matters:
(A) Whether or not significant contamination remained in any
atomic weapons employer facility or facility of a beryllium
vendor after such facility discontinued activities relating to
the production of nuclear weapons.
(B) If so, whether or not such contamination could have
caused or substantially contributed to the cancer of a covered
[[Page 115 STAT. 1376]]
employee with cancer or a covered beryllium illness, as the case
may be.
(2)(A) The National Institute for Occupational Safety and Health
shall submit to the applicable congressional committees the following
reports:
(i) <<NOTE: Deadline.>> Not later than 180 days after the
date of the enactment of this Act, a report on the progress made
as of the date of the report on the study required by paragraph
(1).
(ii) Not later than one year after the date of the enactment
of this Act, a final report on the study required by paragraph
(1).
(B) In this paragraph, the term ``applicable congressional
committees'' means--
(i) the Committee on Armed Services, Committee on
Appropriations, Committee on the Judiciary, and Committee on
Health, Education, Labor, and Pensions of the Senate; and
(ii) the Committee on Armed Services, Committee on
Appropriations, Committee on the Judiciary, and Committee on
Education and the Workforce of the House of Representatives.
(3) Amounts for the study under paragraph (1) shall be derived from
amounts authorized to be appropriated by section 3614(a) of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (114
Stat. 1654A-498).
(4) In this subsection:
(A) The terms ``atomic weapons employer facility'',
``beryllium vendor'', ``covered employee with cancer'', and
``covered beryllium illness'' have the meanings given those
terms in section 3621 of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (114 Stat. 1654A-498;
42 U.S.C. 7384l).
(B) The term ``contamination'' means the presence of any--
(i) material that emitted radiation and was used in
the production of an atomic weapon, excluding uranium
mining and milling; or
(ii) beryllium dust, particles, or vapor,
exposure to which could cause or substantially contribute to the
cancer of a covered employee with cancer or a covered beryllium
illness, as the case may be.
SEC. 3152. DEPARTMENT <<NOTE: 42 USC 7383h-1.>> OF ENERGY
COUNTERINTELLIGENCE POLYGRAPH PROGRAM.
(a) New Counterintelligence Polygraph Program Required.--The
Secretary of Energy shall carry out, under regulations prescribed under
this section, a new counterintelligence polygraph program for the
Department of Energy. The purpose of the new program is to minimize the
potential for release or disclosure of classified data, materials, or
information.
(b) Authorities and Limitations.--(1) <<NOTE: Regulations.>> The
Secretary shall prescribe regulations for the new counterintelligence
polygraph program required by subsection (a) in accordance with the
provisions of subchapter II of chapter 5 of title 5, United States Code
(commonly referred to as the Administrative Procedures Act).
(2) In prescribing regulations for the new program, the Secretary
shall take into account the results of the Polygraph Review.
(3) <<NOTE: Deadline.>> Not later than six months after obtaining
the results of the Polygraph Review, the Secretary shall issue a notice
of proposed rulemaking for the new program.
[[Page 115 STAT. 1377]]
(c) <<NOTE: Effective date. 42 USC 7383h.>> Repeal of Existing
Polygraph Program.--Effective 30 days after the Secretary submits to the
congressional defense committees the Secretary's certification that the
final rule for the new counterintelligence polygraph program required by
subsection (a) has been fully implemented, section 3154 of the
Department of Energy Facilities Safeguards, Security, and
Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI of
Public Law 106-65; 42 U.S.C. 7383h) is repealed.
(d) Report on Further Enhancement of Personnel Security Program.--
(1) <<NOTE: Deadline.>> Not later than January 1, 2003, the
Administrator for Nuclear Security shall submit to Congress a report
setting forth the recommendations of the Administrator for any
legislative action that the Administrator considers appropriate in order
to enhance the personnel security program of the Department of Energy.
(2) Any recommendations under paragraph (1) regarding the use of
polygraphs shall take into account the results of the Polygraph Review.
(e) Polygraph Review Defined.--In this section, the term ``Polygraph
Review'' means the review of the Committee to Review the Scientific
Evidence on the Polygraph of the National Academy of Sciences.
SEC. 3153. ONE-YEAR EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY
TO PAY VOLUNTARY SEPARATION INCENTIVE
PAYMENTS.
(a) In General.--Section 3161(a) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
942; 5 U.S.C. 5597 note) is amended by striking ``January 1, 2003'' and
inserting ``January 1, 2004''.
(b) <<NOTE: 5 USC 5597 note.>> Construction.--The amendment made by
subsection (a) may be superseded by another provision of law that takes
effect after the date of the enactment of this Act, and before January
1, 2004, establishing a uniform system for providing voluntary
separation incentives (including a system for requiring approval of
plans by the Office of Management and Budget) for employees of the
Federal Government.
SEC. 3154. ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY OF
DEPARTMENT OF ENERGY FACILITIES TO
TERRORIST ATTACK.
(a) In General.--Part C of title VI of the Department of Energy
Organization Act (42 U.S.C. 7251 et seq.) is amended by adding at the
end the following new section:
``annual assessment and report on vulnerability of facilities to
terrorist attack
``Sec. 663. <<NOTE: 42 USC 7270c.>> (a) The Secretary shall, on an
annual basis, conduct a comprehensive assessment of the vulnerability of
Department facilities to terrorist attack.
``(b) <<NOTE: Deadline.>> Not later than January 31 each year, the
Secretary shall submit to Congress a report on the assessment conducted
under subsection (a) during the preceding year. Each report shall
include the results of the assessment covered by such report, together
with such findings and recommendations as the Secretary considers
appropriate.''.
[[Page 115 STAT. 1378]]
(b) Clerical Amendment.--The table of sections at the beginning of
that Act is amended by inserting after the item relating to section 662
the following new item:
``Sec. 663. Annual assessment and report on vulnerability of facilities
to terrorist attack.''.
SEC. 3155. 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 and defense plutonium materials located at the Savannah River
Site, Aiken, South Carolina.
(b) Notice Required.--For each shipment of defense plutonium or
defense plutonium materials to the Savannah River Site, the Secretary
shall, not less than 30 days before the commencement of such shipment,
submit to the congressional defense committees a report providing notice
of such shipment.
(c) Plan for Disposition.--The Secretary shall prepare a plan for
disposal of the surplus defense plutonium and defense plutonium
materials currently located at the Savannah River Site and for disposal
of defense plutonium and defense plutonium materials to be shipped to
the Savannah River Site in the future. The plan shall include the
following:
(1) A review of each option considered for such disposal.
(2) An identification of the preferred option for such
disposal.
(3) With respect to the facilities for such disposal that
are 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--
(A) a statement of the cost of construction and
operation of such facilities;
(B) a schedule for the expeditious construction of
such facilities, including milestones; and
(C) a firm schedule for funding the cost of such
facilities.
(4) A specification of the means by which all such defense
plutonium and defense plutonium materials will be removed in a
timely manner from the Savannah River Site for storage or
disposal elsewhere.
(d) Plan for Alternative Disposition.--If the Secretary determines
not to proceed at the Savannah River Site with construction of the
plutonium immobilization plant, or with the mixed oxide fuel fabrication
facility, the Secretary shall prepare a plan that identifies a
disposition path for all defense plutonium and defense plutonium
materials that would otherwise have been disposed of at such plant or
such facility, as applicable.
(e) Submission of Plans.--Not <<NOTE: Deadline.>> later than
February 1, 2002, the Secretary shall submit to Congress the plan
required by subsection (c) (and the plan prepared under subsection (d),
if applicable).
(f) Limitation on Plutonium Shipments.--If the Secretary does not
submit to Congress the plan required by subsection (c) (and the plan
prepared under subsection (d), if applicable) by February 1, 2002, the
Secretary shall be prohibited from shipping
[[Page 115 STAT. 1379]]
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 plans are submitted to Congress.
(g) Rule of Construction.--Nothing in this section may be construed
to prohibit or limit the Secretary from shipping defense plutonium or
defense plutonium materials to sites other than the Savannah River Site
during the period referred to in subsection (f) or any other period.
(h) Annual Report on Funding for Fissile Materials Disposition
Activities.--The Secretary shall include with the budget justification
materials submitted to Congress in support of the Department of Energy
budget for each fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code) a
report setting forth the extent to which amounts requested for the
Department for such fiscal year for fissile materials disposition
activities will enable the Department to meet commitments for the
disposition of surplus defense plutonium and defense plutonium materials
located at the Savannah River Site, and for any other fissile materials
disposition activities, in such fiscal year.
SEC. 3156. MODIFICATION OF DATE OF REPORT OF PANEL TO ASSESS THE
RELIABILITY, SAFETY, AND SECURITY OF THE
UNITED STATES NUCLEAR STOCKPILE.
Section 3159(d) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 42 U.S.C. 2121 note) is
amended by striking ``of each year, beginning with 1999,'' and inserting
``of 1999 and 2000, and not later than February 1, 2002,''.
Subtitle F--Rocky <<NOTE: Rocky Flats National Wildlife Refuge Act of
2001. 16 USC 668dd note.>> Flats National Wildlife Refuge
SEC. 3171. SHORT TITLE.
This subtitle may be cited as the ``Rocky Flats National Wildlife
Refuge Act of 2001''.
SEC. 3172. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Federal Government, through the Atomic Energy
Commission, acquired the Rocky Flats site in 1951 and began
operations there in 1952. The site remains a Department of
Energy facility. Since 1992, the mission of the Rocky Flats site
has changed from the production of nuclear weapons components to
cleanup and closure in a manner that is safe, environmentally
and socially responsible, physically secure, and cost-effective.
(2) The majority of the Rocky Flats site has generally
remained undisturbed since its acquisition by the Federal
Government.
(3) The State of Colorado is experiencing increasing growth
and development, especially in the metropolitan Denver Front
Range area in the vicinity of the Rocky Flats site. That growth
and development reduces the amount of open space and thereby
diminishes for many metropolitan Denver communities the vistas
of the striking Front Range mountain backdrop.
[[Page 115 STAT. 1380]]
(4) Some areas of the Rocky Flats site contain contamination
and will require further response action. The national interest
requires that the ongoing cleanup and closure of the entire site
be completed safely, effectively, and without unnecessary delay
and that the site thereafter be retained by the United States
and managed so as to preserve the value of the site for open
space and wildlife habitat.
(5) The Rocky Flats site provides habitat for many wildlife
species, including a number of threatened and endangered
species, and is marked by the presence of rare xeric tallgrass
prairie plant communities. Establishing the site as a unit of
the National Wildlife Refuge System will promote the
preservation and enhancement of those resources for present and
future generations.
(b) Purposes.--The purposes of this subtitle are--
(1) to provide for the establishment of the Rocky Flats site
as a national wildlife refuge following cleanup and closure of
the site;
(2) to create a process for public input on the management
of the refuge referred to in paragraph (1) before transfer of
administrative jurisdiction to the Secretary of the Interior;
and
(3) to ensure that the Rocky Flats site is thoroughly and
completely cleaned up.
SEC. 3173. DEFINITIONS.
In this subtitle:
(1) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(2) Cleanup and closure.--The term ``cleanup and closure''
means the response actions for covered substances carried out at
Rocky Flats, as required by any of the following:
(A) The RFCA.
(B) CERCLA.
(C) RCRA.
(D) The Colorado Hazardous Waste Act, 25-15-101 to
25-15-327, Colorado Revised Statutes.
(3) Covered substance.--The term ``covered substance'' means
any of the following:
(A) Any hazardous substance, as such term is defined
in paragraph (14) of section 101 of CERCLA (42 U.S.C.
9601).
(B) Any pollutant or contaminant, as such term is
defined in paragraph (33) of such section 101.
(C) Any petroleum, including crude oil or any
fraction thereof which is not otherwise specifically
listed or designated as a hazardous substance under
subparagraphs (A) through (F) of paragraph (14) of such
section 101.
(4) RCRA.--The term ``RCRA'' means the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.), popularly known as the Resource
Conservation and Recovery Act.
(5) Refuge.--The term ``refuge'' means the Rocky Flats
National Wildlife Refuge established under section 3177.
(6) Response action.--The term ``response action'' means any
of the following:
[[Page 115 STAT. 1381]]
(A) A response, as such term is defined in paragraph
(25) of section 101 of CERCLA (42 U.S.C. 9601).
(B) A corrective action under RCRA or under the
Colorado Hazardous Waste Act, 25-15-101 to 25-15-327,
Colorado Revised Statutes.
(C) Any requirement for institutional controls
imposed by any of the laws referred to in subparagraph
(A) or (B).
(7) RFCA.--The term ``RFCA'' means the Rocky Flats Cleanup
Agreement, an intergovernmental agreement, dated July 19, 1996,
among--
(A) the Department of Energy;
(B) the Environmental Protection Agency; and
(C) the Department of Public Health and Environment
of the State of Colorado.
(8) Rocky flats.--
(A) In general.--Except as provided in subparagraph
(B), the term ``Rocky Flats'' means the Rocky Flats
Environmental Technology Site, Colorado, a defense
nuclear facility, as depicted on the map titled ``Rocky
Flats Environmental Technology Site'', dated October 22,
2001, and available for inspection in the appropriate
offices of the United States Fish and Wildlife Service.
(B) Exclusions.--The term ``Rocky Flats'' does not
include--
(i) the land and facilities of the Department
of Energy's National Renewable Energy Laboratory,
including the acres retained by the Secretary
under section 3174(f); and
(ii) any land and facilities not within the
boundaries depicted on the map referred to in
subparagraph (A).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3174. FUTURE OWNERSHIP AND MANAGEMENT.
(a) Federal Ownership.--Except as expressly provided in this
subtitle, all right, title, and interest of the United States, held on
or acquired after the date of the enactment of this Act, to land or
interest therein, including minerals, within the boundaries of Rocky
Flats shall be retained by the United States.
(b) Lindsay Ranch.--The structures that comprise the former Lindsay
Ranch homestead site in the Rock Creek Reserve area of the buffer zone,
as depicted on the map referred to in section 3173(8)(A), shall be
permanently preserved and maintained in accordance with the National
Historic Preservation Act (16 U.S.C. 470 et seq.).
(c) Prohibition on Annexation.--Neither the Secretary nor the
Secretary of the Interior shall allow the annexation of land within the
refuge by any unit of local government.
(d) Prohibition on Through Roads.--Except as provided in subsection
(e), no public road shall be constructed through Rocky Flats.
(e) Transportation Right-of-Way.--
(1) In general.--
[[Page 115 STAT. 1382]]
(A) Availability of land.--On submission of an
application meeting each of the conditions specified in
paragraph (2), the Secretary, in consultation with the
Secretary of the Interior, shall make available land
along the eastern boundary of Rocky Flats for the sole
purpose of transportation improvements along Indiana
Street.
(B) Boundaries.--Land made available under this
paragraph may not extend more than 300 feet from the
west edge of the Indiana Street right-of-way, as that
right-of-way exists as of the date of the enactment of
this Act.
(C) Easement or sale.--Land may be made available
under this paragraph by easement or sale to one or more
appropriate entities.
(D) Compliance with applicable law.--Any action
under this paragraph shall be taken in compliance with
applicable law.
(2) Conditions.--An application referred to in paragraph (1)
meets the conditions specified in this paragraph if the
application--
(A) is submitted by any county, city, or other
political subdivision of the State of Colorado; and
(B) includes documentation demonstrating that the
transportation improvements for which the land is to be
made available--
(i) are carried out so as to minimize adverse
effects on the management of Rocky Flats as a
wildlife refuge; and
(ii) are included in the regional
transportation plan of the metropolitan planning
organization designated for the Denver
metropolitan area under section 5303 of title 49,
United States Code.
(f) Wind Technology Expansion Area.--The Secretary shall retain, for
the use of the National Renewable Energy Laboratory, the approximately
25 acres identified on the map referred to in section 3173(8)(A) as the
``Wind Technology Expansion Area''.
SEC. 3175. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND
JURISDICTION OVER ROCKY FLATS.
(a) Transfer Required.--
(1) In general.--Subject to the other provisions of this
section, the Secretary shall transfer administrative
jurisdiction over the property that is to comprise the refuge to
the Secretary of the Interior.
(2) Date of transfer.--The transfer shall be carried out not
earlier than the completion certification date, and not later
than 30 business days after that date.
(3) Completion certification date.--For purposes of
paragraph (2), the completion certification date is the date on
which the Administrator of the Environmental Protection Agency
certifies to the Secretary and to the Secretary of the Interior
that cleanup and closure at Rocky Flats has been completed,
except for the operation and maintenance associated with
response actions, and that all response actions are operating
properly and successfully.
(b) Memorandum of Understanding.--
(1) Required elements.--The transfer required by subsection
(a) shall be carried out pursuant to a memorandum
[[Page 115 STAT. 1383]]
of understanding between the Secretary and the Secretary of the
Interior. The memorandum of understanding shall--
(A) provide for the division of responsibilities
between the Secretary and the Secretary of the Interior
necessary to carry out such transfer;
(B) address the impacts that any property rights
referred to in section 3179(a) may have on the
management of the refuge, and provide strategies for
resolving or mitigating these impacts;
(C) identify the land the administrative
jurisdiction of which is to be transferred to the
Secretary of the Interior; and
(D) specify the allocation of the Federal costs
incurred at the refuge after the date of such transfer
for any site investigations, response actions, and
related activities for covered substances.
(2) Publication of draft.--Not later than one year after the
date of the enactment of this Act, the Secretary and the
Secretary of the Interior shall publish in the Federal Register
a draft of the memorandum of understanding.
(3) Finalization and implementation.--
(A) Not later than 18 months after the date of the
enactment of this Act, the Secretary and Secretary of
the Interior shall finalize and implement the memorandum
of understanding.
(B) In finalizing the memorandum of understanding,
the Secretary and Secretary of the Interior shall
specifically identify the land the administrative
jurisdiction of which is to be transferred to the
Secretary of the Interior and provide for a
determination of the exact acreage and legal description
of such land by a survey mutually satisfactory to the
Secretary and the Secretary of the Interior.
(c) Transfer of Improvements.--The transfer required by subsection
(a) may include such buildings or other improvements as the Secretary of
the Interior has requested in writing for purposes of managing the
refuge.
(d) Property Retained for Response Actions.--
(1) In general.--The transfer required by subsection (a)
shall not include, and the Secretary shall retain jurisdiction,
authority, and control over, the following real property and
facilities at Rocky Flats:
(A) Any engineered structure, including caps,
barrier walls, and monitoring or treatment wells, to be
used in carrying out a response action for covered
substances.
(B) Any real property or facility to be used for any
other purpose relating to a response action or any other
action that is required to be carried out by the
Secretary at Rocky Flats.
(2) Consultation.--The Secretary shall consult with the
Secretary of the Interior, the Administrator of the
Environmental Protection Agency, and the Governor of the State
of Colorado on the identification of all real property and
facilities to be retained under this subsection.
(e) Cost.--The transfer required by subsection (a) shall be
completed without cost to the Secretary of the Interior.
(f) No Reduction in Funds.--The transfer required by subsection (a),
and the memorandum of understanding required by
[[Page 115 STAT. 1384]]
subsection (b), shall not result in any reduction in funds available to
the Secretary for cleanup and closure of Rocky Flats.
SEC. 3176. ADMINISTRATION OF RETAINED PROPERTY; CONTINUATION OF
CLEANUP AND CLOSURE.
(a) Administration of Retained Property.--
(1) In general.--In administering the property retained
under section 3175(d), the Secretary shall consult with the
Secretary of the Interior to minimize any conflict between--
(A) the administration by the Secretary of such
property for a purpose relating to a response action;
and
(B) the administration by the Secretary of the
Interior of land the administrative jurisdiction of
which is transferred under section 3175(a).
(2) Priority in case of conflict.--In the case of any such
conflict, the Secretary and the Secretary of the Interior shall
ensure that the administration for a purpose relating to a
response action, as described in paragraph (1)(A), shall take
priority.
(3) Access.--The Secretary of the Interior shall provide to
the Secretary such access and cooperation with respect to the
refuge as the Secretary requires to carry out operation and
maintenance, future response actions, natural resources
restoration, or any other obligations.
(b) Ongoing Cleanup and Closure.--
(1) In general.--The Secretary shall carry out to completion
cleanup and closure at Rocky Flats.
(2) Cleanup levels.--The Secretary shall carry out such
cleanup and closure to the levels established for soil, water,
and other media, following a thorough review by the parties to
the RFCA and the public (including the United States Fish and
Wildlife Service and other interested government agencies) of
the appropriateness of the interim levels in the RFCA.
(3) No restriction on use of new technologies.--Nothing in
this subtitle, and no action taken under this subtitle,
restricts the Secretary from using at Rocky Flats any new
technology that may become available for remediation of
contamination.
(c) Opportunity To Comment.--The Secretary of the Interior shall
have the opportunity to comment with respect to any proposed response
action as to the impacts, if any, of such proposed response action on
the refuge.
(d) Rules of Construction.--
(1) No relief from obligations under other law.--Nothing in
this subtitle, and no action taken under this subtitle--
(A) relieves the Secretary, the Administrator of the
Environmental Protection Agency, the Secretary of the
Interior, or any other person from any obligation or
other liability with respect to Rocky Flats under the
RFCA or any Federal or State law;
(B) impairs or alters any provision of the RFCA; or
(C) alters any authority of the Administrator of the
Environmental Protection Agency under section 120(e) of
CERCLA (42 U.S.C. 9620(e)), or any authority of the
State of Colorado.
[[Page 115 STAT. 1385]]
(2) Cleanup levels.--Nothing in this subtitle shall reduce
the level of cleanup and closure at Rocky Flats required under
the RFCA or any Federal or State law.
(3) Payment of response action costs.--Nothing in this
subtitle affects the obligation of a Federal department or
agency that had or has operations at Rocky Flats resulting in
the release or threatened release of a covered substance to pay
the costs of response actions carried out to abate the release
of, or clean up, the covered substance.
SEC. 3177. ROCKY FLATS NATIONAL WILDLIFE REFUGE.
(a) In General.--On completion of the transfer required by section
3175(a), and subject to section 3176(a), the Secretary of the Interior
shall commence administration of the real property comprising the refuge
in accordance with this subtitle.
(b) Establishment of Refuge.--Not later than 30 days after the
transfer required by section 3175(a), the Secretary of the Interior
shall establish at Rocky Flats a national wildlife refuge to be known as
the Rocky Flats National Wildlife Refuge.
(c) Composition.--The refuge shall be comprised of the property the
administrative jurisdiction of which was transferred as required by
section 3175(a).
(d) Notice.--The Secretary of the Interior shall publish in the
Federal Register a notice of the establishment of the refuge.
(e) Administration and Purposes.--
(1) In general.--The Secretary of the Interior shall manage
the refuge in accordance with applicable law, including this
subtitle, the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.), and the purposes specified in
that Act.
(2) Refuge purposes.--The refuge shall be managed for the
purposes of--
(A) restoring and preserving native ecosystems;
(B) providing habitat for, and population management
of, native plants and migratory and resident wildlife;
(C) conserving threatened and endangered species
(including species that are candidates for listing under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.)); and
(D) providing opportunities for compatible
scientific research.
(3) Management.--In managing the refuge, the Secretary of
the Interior shall--
(A) ensure that wildlife-dependent recreation and
environmental education and interpretation are the
priority public uses of the refuge; and
(B) comply with all response actions.
SEC. 3178. COMPREHENSIVE PLANNING PROCESS.
(a) In General.--Not <<NOTE: Deadline.>> later than 180 days after
the date of the enactment of this Act, in developing a comprehensive
conservation plan for the refuge in accordance with section 4(e) of the
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd(e)), the Secretary of the Interior shall establish a comprehensive
planning process that involves the public and local communities. The
Secretary of the Interior shall establish such process in consultation
with the Secretary, the members of the Coalition, the Governor of the
State of Colorado, and the Federal
[[Page 115 STAT. 1386]]
and State of Colorado officials who have been designated as trustees for
Rocky Flats under section 107(f)(2) of CERCLA (42 U.S.C. 9607(f)(2)).
(b) Other Participants.--In addition to the entities specified in
subsection (a), the comprehensive planning process required by
subsection (a) shall include the opportunity for direct involvement of
entities that are not members of the Coalition as of the date of the
enactment of this Act, including the Rocky Flats Citizens' Advisory
Board and the cities of Thornton, Northglenn, Golden, Louisville, and
Lafayette, Colorado.
(c) Dissolution of Coalition.--If the Coalition dissolves, or if any
Coalition member elects to leave the Coalition during the comprehensive
planning process required by subsection (a)--
(1) such comprehensive planning process shall continue; and
(2) an opportunity shall be provided to each entity that is
a member of the Coalition as of September 1, 2000, for direct
involvement in such comprehensive planning process.
(d) Contents.--In addition to the requirements of section 4(e) of
the National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd(e)), the comprehensive conservation plan referred to in
subsection (a) shall address and make recommendations on the following:
(1) The identification of any land referred to in subsection
(e) of section 3174 that could be made available under that
subsection.
(2) The characteristics and configuration of any perimeter
fencing that may be appropriate or compatible for cleanup and
closure purposes, refuge purposes, or other purposes.
(3) The feasibility of locating, and the potential location
for, a visitor and education center at the refuge.
(4) Any other issues relating to Rocky Flats.
(e) Coalition Defined.--In this section, the term ``Coalition''
means the Rocky Flats Coalition of Local Governments established by the
Intergovernmental Agreement, dated February 16, 1999, among--
(1) the city of Arvada, Colorado;
(2) the city of Boulder, Colorado;
(3) the city of Broomfield, Colorado;
(4) the city of Westminster, Colorado;
(5) the town of Superior, Colorado;
(6) Boulder County, Colorado; and
(7) Jefferson County, Colorado.
(f) Report.--Not <<NOTE: Deadline.>> later than three years after
the date of the enactment of this Act, the Secretary of the Interior
shall submit to Congress--
(1) the comprehensive conservation plan referred to in
subsection (a); and
(2) a report that contains--
(A) an outline of the involvement of the public and
local communities in the comprehensive planning process,
as required by subsection (a);
(B) to the extent that any input or recommendation
from the comprehensive planning process is not accepted,
a clear statement of the reasons why such input or
recommendation is not accepted; and
[[Page 115 STAT. 1387]]
(C) a discussion of the impacts of any property
rights referred to in section 3179(a) on management of
the refuge, and an identification of strategies for
resolving and mitigating these impacts.
SEC. 3179. PROPERTY RIGHTS.
(a) In General.--Except as provided in subsections (c) and (d),
nothing in this subtitle limits any valid, existing property right at
Rocky Flats that is owned by any person or entity, including, but not
limited to--
(1) any mineral right;
(2) any water right or related easement; and
(3) any facility or right-of-way for a utility.
(b) Access.--Except as provided in subsection (c), nothing in this
subtitle affects any right of an owner of a property right referred to
in subsection (a) to access the owner's property.
(c) Reasonable Conditions.--
(1) In general.--The Secretary or the Secretary of the
Interior may impose such reasonable conditions on access to
property rights referred to in subsection (a) as are appropriate
for the cleanup and closure of Rocky Flats and for the
management of the refuge.
(2) No effect on other law.--Nothing in this subtitle
affects any Federal, State, or local law (including any
regulation) relating to the use, development, and management of
property rights referred to in subsection (a).
(3) No effect on access rights.--Nothing in this subsection
precludes the exercise of any access right, in existence on the
date of the enactment of this Act, that is necessary to perfect
or maintain a water right in existence on that date.
(d) Utility Extension.--
(1) In general.--The Secretary or the Secretary of the
Interior may allow not more than one extension from an existing
utility right-of-way on Rocky Flats, if necessary.
(2) Conditions.--An extension under paragraph (1) shall be
subject to the conditions specified in subsection (c).
(e) Easement Surveys.--Subject to subsection (c), until the date
that is 180 days after the date of the enactment of this Act, an entity
that possesses a decreed water right or prescriptive easement relating
to land at Rocky Flats may carry out such surveys at Rocky Flats as the
entity determines are necessary to perfect the right or easement.
SEC. 3180. LIABILITIES AND OTHER OBLIGATIONS.
(a) In General.--Nothing in this subtitle shall relieve, and no
action may be taken under this subtitle to relieve, the Secretary, the
Secretary of the Interior, or any other person from any liability or
other obligation at Rocky Flats under CERCLA, RCRA, or any other Federal
or State law.
(b) Cost Recovery, Contribution, and Other Action.--Nothing in this
subtitle is intended to prevent the United States from bringing a cost
recovery, contribution, or other action that would otherwise be
available under Federal or State law.
SEC. 3181. ROCKY FLATS MUSEUM.
(a) Museum.--To commemorate the contribution that Rocky Flats and
its worker force provided to winning the Cold War and
[[Page 115 STAT. 1388]]
the impact that such contribution has had on the nearby communities and
the State of Colorado, the Secretary may establish a Rocky Flats Museum.
(b) Location.--The Rocky Flats Museum shall be located in the city
of Arvada, Colorado, unless, after consultation under subsection (c),
the Secretary determines otherwise.
(c) Consultation.--The Secretary shall consult with the city of
Arvada, other local communities, and the Colorado State Historical
Society on--
(1) the development of the museum;
(2) the siting of the museum; and
(3) any other issues relating to the development and
construction of the museum.
(d) Report.--Not later than three years after the date of the
enactment of this Act, the Secretary, in coordination with the city of
Arvada, shall submit to Congress a report on the costs associated with
the construction of the museum and any other issues relating to the
development and construction of the museum.
SEC. 3182. ANNUAL REPORT ON FUNDING.
For each of fiscal years 2003 through 2007, at the time of
submission of the budget of the President under section 1105(a) of title
31, United States Code, for such fiscal year, the Secretary and the
Secretary of the Interior shall jointly submit to Congress a report on
the costs of implementation of this subtitle. The report shall include--
(1) the costs incurred by each Secretary in implementing
this subtitle during the preceding fiscal year; and
(2) the funds required by each Secretary to implement this
subtitle during the current and subsequent fiscal years.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
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.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Authority to dispose of certain materials in National Defense
Stockpile.
Sec. 3304. Revision of limitations on required disposals of certain
materials in National Defense Stockpile.
Sec. 3305. Acceleration of required disposal of cobalt in National
Defense Stockpile.
Sec. 3306. Restriction on disposal of manganese ferro.
SEC. 3301. <<NOTE: 50 USC 98d note.>> DEFINITIONS.
In this title:
[[Page 115 STAT. 1389]]
(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. AUTHORITY <<NOTE: 50 USC 98d note.>> TO DISPOSE OF
CERTAIN MATERIALS IN NATIONAL DEFENSE
STOCKPILE.
(a) Disposal Authorized.--Subject to the conditions specified in
subsection (b), the President may dispose of obsolete and excess
materials contained in the National Defense Stockpile. The materials
subject to disposal under this subsection and the quantity of each
material authorized to be disposed of by the President are set forth in
the following table:
Authorized Stockpile Disposals
------------------------------------------------------------------------
Material for disposal Quantity
------------------------------------------------------------------------
Bauxite................................... 40,000 short tons
Chromium Metal............................ 3,512 short tons
Iridium................................... 25,140 troy ounces
Jewel Bearings............................ 30,273,221 pieces
Manganese Ferro HC........................ 209,074 short tons
Palladium................................. 11 troy ounces
Quartz Crystal............................ 216,648 pounds
Tantalum Metal Ingot...................... 120,228 pounds contained
Tantalum Metal Powder..................... 36,020 pounds contained
Thorium Nitrate........................... 600,000 pounds.
------------------------------------------------------------------------
(b) Minimization of Disruption and Loss.--The President may not
dispose of materials under subsection (a) to the extent that the
disposal will result in--
[[Page 115 STAT. 1390]]
(1) undue disruption of the usual markets of producers,
processors, and consumers of the materials proposed for
disposal; or
(2) avoidable loss to the United States.
(c) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal authority and is in
addition to, and shall not affect, any other disposal authority provided
by law regarding the materials specified in such subsection.
SEC. 3304. REVISION OF LIMITATIONS ON REQUIRED DISPOSALS OF
CERTAIN MATERIALS IN NATIONAL DEFENSE
STOCKPILE.
(a) Public Law 105-261.--Section 3303 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50
U.S.C. 98d note) is amended--
(1) in subsection (a)--
(A) by striking ``the amount of--'' and inserting
``total amounts not less than--'';
(B) by striking ``and'' at the end of paragraph (3);
and
(C) by striking paragraph (4) and inserting the
following new paragraphs:
``(4) $760,000,000 by the end of fiscal year 2005; and
``(5) $770,000,000 by the end of fiscal year 2011.''; and
(2) in subsection (b)(2), by striking ``receipts in the
amounts specified in subsection (a)'' and inserting ``receipts
in the total amount specified in subsection (a)(5)''.
(b) Public Law 105-85.--Section 3305 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d
note) is amended--
(1) in subsection (a), by striking ``amounts equal to--''
and inserting ``total amounts not less than--''; and
(2) in subsection (b), by striking paragraph (2) and
inserting the following new paragraph:
``(2) The President may not dispose of cobalt under this section in
fiscal year 2006 in excess of the disposals necessary to result in
receipts during that fiscal year in the total amount specified in
subsection (a)(5).''.
(c) Public Law 104-201.--Section 3303 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 50 U.S.C.
98d note) is amended--
(1) in subsection (a), by striking ``amounts equal to--''
and inserting ``total amounts not less than--''; and
(2) in subsection (b), by striking paragraph (2) and
inserting the following new paragraph:
``(2) The President may not dispose of materials under this section
during the 10-fiscal year period referred to in subsection (a)(2) in
excess of the disposals necessary to result in receipts during that
period in the total amount specified in such subsection.''.
SEC. 3305. ACCELERATION OF REQUIRED DISPOSAL OF COBALT IN NATIONAL
DEFENSE STOCKPILE.
Section 3305(a) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 50 U.S.C. 98d note), as amended by section
3304(b) of this Act, is amended--
(1) in paragraph (1), by striking ``2003'' and inserting
``2002'';
[[Page 115 STAT. 1391]]
(2) in paragraph (2), by striking ``2004'' and inserting
``2003'';
(3) in paragraph (3), by striking ``2005'' and inserting
``2004'';
(4) in paragraph (4), by striking ``2006'' and inserting
``2005''; and
(5) in paragraph (5), by striking ``2007'' and inserting
``2006''.
SEC. 3306. RESTRICTION ON DISPOSAL OF MANGANESE FERRO.
(a) <<NOTE: 50 USC 98d note.>> Temporary Quantity Restrictions.--
During fiscal years 2002 through 2005, the disposal of manganese ferro
in the National Defense Stockpile may not exceed the following
quantities:
(1) During fiscal year 2002, 25,000 short tons of all grades
of manganese ferro.
(2) During fiscal year 2003, 25,000 short tons of high
carbon manganese ferro of the highest grade.
(3) During each of the fiscal years 2004 and 2005, 50,000
short tons of high carbon manganese ferro of the highest grade.
(b) Conforming Amendment.--Section 3304 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
629) is repealed.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $17,371,000 for fiscal year 2002 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain available
until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2002.
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. 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--
[[Page 115 STAT. 1392]]
(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. <<NOTE: 46 USC app. 1279b.>> 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.--
[[Page 115 STAT. 1393]]
``(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.''.
Approved December 28, 2001.
LEGISLATIVE HISTORY--S. 1438 (H.R. 2586):
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HOUSE REPORTS: Nos. 107-194 accompanying H.R. 2586 (Comm. on Armed
Services) and 107-333 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 147 (2001):
Sept. 21, 24-26, Oct. 1, 2, considered and passed Senate.
Oct. 17, considered and passed House, amended, in lieu of
H.R. 2586.
Dec. 13, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Dec. 28, Presidential statement.
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