[107th Congress Public Law 314]
[From the U.S. Government Printing Office]
[DOCID: f:publ314.107]
[[Page 2457]]
BOB STUMP NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2003
[[Page 116 STAT. 2458]]
Public Law 107-314
107th Congress
An Act
To authorize appropriations for fiscal year 2003 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes. <<NOTE: Dec. 2, 2002 - [H.R. 4546]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Bob Stump National Defense
Authorization Act for Fiscal Year 2003.>> assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Bob Stump National
Defense Authorization Act for Fiscal Year 2003''.
(b) Findings.--Congress makes the following findings:
(1) Representative Bob Stump of Arizona was elected to the
House of Representatives in 1976 for service in the 95th
Congress, after serving in the Arizona legislature for 18 years
and serving as President of the Arizona State Senate from 1975
to 1976, and he has been reelected to each subsequent Congress.
(2) A World War II combat veteran, Representative Stump
entered service in the United States Navy in 1943, just after
his 16th birthday, and served aboard the USS LUNGA POINT and the
USS TULAGI, which participated in the invasions of Luzon, Iwo
Jima, and Okinawa.
(3) Representative Stump was elected to the Committee on
Armed Services in 1978 and has served on nearly all of its
subcommittees and panels during 25 years of distinguished
service on the committee. He has served as chairman of the
committee during the 107th Congress and has championed United
States national security as the paramount function of the
Federal Government.
(4) Also serving on the Committee on Veterans' Affairs of
the House of Representatives, chairing that committee from 1995
to 2000, and serving on the Permanent Select Committee on
Intelligence of the House of Representatives, including service
as the ranking minority member in 1985 and 1986, Representative
Stump has dedicated his entire congressional career to
steadfastly supporting America's courageous men and women in
uniform both on and off the battlefield.
(5) Representative Stump's tireless efforts on behalf of
those in the military and veterans have been recognized with
numerous awards for outstanding service from active duty and
reserve military, veterans' service, military retiree, and
industry organizations.
[[Page 116 STAT. 2459]]
(6) During his tenure as chairman of the Committee on Armed
Services of the House of Representatives, Representative Stump
has--
(A) overseen the largest sustained increase to
defense spending since the Reagan administration;
(B) led efforts to improve the quality of military
life, including passage of the largest military pay
raise since 1982;
(C) supported military retirees, including efforts
to reverse concurrent receipt law and to save the Armed
Forces Retirement Homes;
(D) championed military readiness by defending
military access to critical training facilities such
Vieques, Puerto Rico, expanding the National Training
Center at Ft. Irwin, California, and working to restore
balance between environmental concerns and military
readiness requirements;
(E) reinvigorated efforts to defend America against
ballistic missiles by supporting an increase in fiscal
year 2002 of nearly 50 percent above the fiscal year
2001 level for missile defense programs; and
(F) honored America's war heroes by expanding
Arlington National Cemetery, establishing a site for the
Air Force Memorial, and assuring construction of the
World War II Memorial.
(7) In recognition of his long record of accomplishments in
enhancing the national security of the United States and his
legislative victories on behalf of active duty service members,
reservists, guardsmen, and veterans, it is altogether fitting
and proper that this Act be named in honor of Representative Bob
Stump of Arizona, as provided in subsection (a).
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical Agents and Munitions Destruction, Defense.
Sec. 107. Defense health programs.
[[Page 116 STAT. 2460]]
Subtitle B--Army Programs
Sec. 111. Pilot program on sales of manufactured articles and services
of certain Army industrial facilities without regard to
availability from domestic sources.
Sec. 112. Report on impact of Army aviation modernization plan on the
Army National Guard.
Sec. 113. Family of Medium Tactical Vehicles.
Subtitle C--Navy Programs
Sec. 121. Extension of multiyear procurement authority for DDG-51 class
destroyers.
Sec. 122. Sense of Congress on scope of conversion program for
Ticonderoga-class cruisers.
Sec. 123. Continuation of contract for operation of Champion-class T-5
fuel tanker vessels.
Subtitle D--Air Force Programs
Sec. 131. Multiyear procurement authority for C-130J aircraft program.
Sec. 132. Pathfinder programs.
Sec. 133. Leases for tanker aircraft under multiyear aircraft-lease
pilot program.
Subtitle E--Other Programs
Sec. 141. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 142. Report on unmanned aerial vehicle systems.
Sec. 143. Global Information Grid system.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Sec. 203. Defense health programs.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. RAH-66 Comanche aircraft program.
Sec. 212. Extension of requirements relating to management
responsibility for naval mine countermeasures programs.
Sec. 213. Revised requirements for plan for Manufacturing Technology
Program.
Sec. 214. Advanced SEAL Delivery System.
Sec. 215. Army experimentation program regarding design of the objective
force.
Sec. 216. Program to provide Army with self-propelled Future Combat
Systems non-line-of-sight cannon indirect fire capability for
the objective force.
Sec. 217. Prohibition on transfer of Medical Free Electron Laser
program.
Sec. 218. Littoral combat ship program.
Subtitle C--Ballistic Missile Defense
Sec. 221. Report requirements relating to ballistic missile defense
programs.
Sec. 222. Responsibility of Missile Defense Agency for research,
development, test, and evaluation related to system
improvements of programs transferred to military departments.
Sec. 223. Limitation on obligation of funds for Theater High Altitude
Area Defense Program pending submission of required life-
cycle cost information.
Sec. 224. Provision of information on flight testing of Ground-based
Midcourse National Missile Defense system.
Sec. 225. References to new name for Ballistic Missile Defense
Organization.
Sec. 226. One-year limitation on use of funds for nuclear armed
interceptors.
Subtitle D--Improved Management of Department of Defense Test and
Evaluation Facilities
Sec. 231. Department of Defense Test Resource Management Center.
Sec. 232. Objective for institutional funding of test and evaluation
facilities.
Sec. 233. Uniform financial management system for Department of Defense
test and evaluation facilities.
Sec. 234. Test and evaluation workforce improvements.
Sec. 235. Compliance with testing requirements.
Subtitle E--Other Matters
Sec. 241. Pilot programs for revitalizing Department of Defense
laboratories.
Sec. 242. Technology Transition Initiative.
[[Page 116 STAT. 2461]]
Sec. 243. Defense Acquisition Challenge Program.
Sec. 244. Encouragement of small businesses and nontraditional defense
contractors to submit proposals potentially beneficial for
combating terrorism.
Sec. 245. Vehicle fuel cell program.
Sec. 246. Defense nanotechnology research and development program.
Sec. 247. Activities of the Defense Experimental Program to Stimulate
Competitive Research.
Sec. 248. Four-year extension of authority of DARPA to award prizes for
advanced technology achievements and additional authority of
military departments and Defense Agencies to award prizes for
achievements in promoting education.
Sec. 249. Plan for five-year program for enhancement of measurement and
signatures intelligence capabilities of the United States
through incorporation of results of basic research on
sensors.
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. Grant to National Guard Youth Foundation.
Subtitle B--Environmental Provisions
Sec. 311. Enhancement of authority on cooperative agreements for
environmental purposes.
Sec. 312. Single point of contact for policy and budgeting issues
regarding unexploded ordnance, discarded military munitions,
and munitions constituents.
Sec. 313. Authority to carry out construction projects for environmental
responses.
Sec. 314. Procurement of environmentally preferable procurement items.
Sec. 315. Incidental taking of migratory birds during military readiness
activities.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 321. Authority for each military department to provide base
operating support to Fisher Houses.
Sec. 322. Use of commissary stores and MWR retail facilities by members
of National Guard serving in national emergency.
Sec. 323. Uniform funding and management of morale, welfare, and
recreation programs.
Sec. 324. Rebate agreements under the special supplemental food program.
Subtitle D--Workplace and Depot Issues
Sec. 331. Notification requirements in connection with required studies
for conversion of commercial or industrial type functions to
contractor performance.
Sec. 332. Temporary authority for contractor performance of security-
guard functions to meet increased requirements since
September 11, 2001.
Sec. 333. Repeal of obsolete provision regarding depot-level maintenance
and repair workloads that were performed at closed or
realigned military installations.
Sec. 334. Exclusion of certain expenditures from limitation on private
sector performance of depot-level maintenance.
Subtitle E--Defense Dependents Education
Sec. 341. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 342. Housing benefits for unaccompanied teachers required to live
at Guantanamo Bay Naval Station, Cuba.
Sec. 343. Options for funding dependent summer school programs.
Sec. 344. Impact aid eligibility for local educational agencies affected
by privatization of military housing.
Sec. 345. Comptroller General study of adequacy of compensation provided
for teachers in the Department of Defense Overseas
Dependents' Schools.
Subtitle F--Information Technology
Sec. 351. Annual submission of information regarding information
technology capital assets.
Sec. 352. Policy regarding acquisition of information assurance and
information assurance-enabled information technology
products.
[[Page 116 STAT. 2462]]
Sec. 353. Installation and connection policy and procedures regarding
Defense Switch Network.
Subtitle G--Other Matters
Sec. 361. Distribution of monthly reports on allocation of funds within
operation and maintenance budget subactivities.
Sec. 362. Continuation of arsenal support program initiative.
Sec. 363. Extension of work safety demonstration program.
Sec. 364. Condition on authority of Defense Security Service to impose
fees on fee-for-service basis.
Sec. 365. Logistics support and services for weapon systems contractors.
Sec. 366. Training range sustainment plan, Global Status of Resources
and Training System, and training range inventory.
Sec. 367. Engineering study and environmental analysis of road
modifications in vicinity of Fort Belvoir, Virginia.
Sec. 368. Reauthorization of warranty claims recovery pilot program.
Sec. 369. Expanded eligibility for loan, gift, or exchange of documents,
historical artifacts, and condemned or obsolete combat
materiel.
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. Expanded authority for administrative increases in statutory
active-duty end strengths.
Sec. 404. General and flag officer management.
Sec. 405. Extension of certain authorities relating to management of
numbers of general and flag officers in certain grades.
Sec. 406. Increase in authorized strengths for Marine Corps officers on
active duty in the grade of colonel.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2003 limitation on non-dual status technicians.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Extension of good-of-the-service waiver authority for officers
appointed to a Reserve Chief or Guard Director position.
Sec. 502. Exclusion of certain officers from limitation on authority to
grant a waiver of required completion or sequencing for joint
professional military education.
Sec. 503. Extension and codification of authority for recall of retired
aviators to active duty.
Sec. 504. Grades for certain positions.
Sec. 505. Reinstatement of authority to reduce three-year time-in-grade
requirement for retirement in grade for officers in grades
above major and lieutenant commander.
Sec. 506. Authority to require that an officer take leave pending review
of a recommendation for removal by a board of inquiry.
Subtitle B--Reserve Component Management
Sec. 511. Reviews of National Guard strength accounting and management
and other issues.
Sec. 512. Courts-martial for the National Guard when not in Federal
service.
Sec. 513. Fiscal year 2003 funding for military personnel costs of
reserve component Special Operations Forces personnel engaged
in humanitarian assistance activities relating to clearing of
landmines.
Sec. 514. Use of Reserves to perform duties relating to defense against
terrorism.
Sec. 515. Repeal of prohibition on use of Air Force Reserve AGR
personnel for Air Force base security functions.
Subtitle C--Reserve Component Officer Personnel Policy
Sec. 521. Eligibility for consideration for promotion to grade of major
general for certain reserve component brigadier generals who
do not otherwise qualify for consideration for promotion
under the one-year rule.
[[Page 116 STAT. 2463]]
Sec. 522. Authority for limited extension of medical deferment of
mandatory retirement or separation of reserve component
officers.
Subtitle D--Enlistment, Education, and Training Programs
Sec. 531. Enlistment incentives for pursuit of skills to facilitate
national service.
Sec. 532. Authority for phased increase to 4,400 in authorized strengths
for the service academies.
Sec. 533. Enhancement of reserve component delayed training program.
Sec. 534. Review of Armed Forces programs for preparation for,
participation in, and conduct of athletic competitions.
Sec. 535. Repeal of bar to eligibility of Army College First program
participants for benefits under student loan repayment
program.
Subtitle E--Decorations, Awards, and Commendations
Sec. 541. Waiver of time limitations for award of Army Distinguished-
Service Cross to certain persons.
Sec. 542. Option to convert award of Armed Forces Expeditionary Medal
awarded for Operation Frequent Wind to Vietnam Service Medal.
Sec. 543. Korea Defense Service Medal.
Sec. 544. Commendation of military chaplains.
Subtitle F--Administrative Matters
Sec. 551. Staffing and funding for Defense Prisoner of War/Missing
Personnel Office.
Sec. 552. Three-year freeze on reductions of personnel of agencies
responsible for review and correction of military records.
Sec. 553. Authority for acceptance of voluntary services of individuals
as proctors for administration of Armed Services Vocational
Aptitude Battery test.
Sec. 554. Extension of temporary early retirement authority.
Subtitle G--Matters Relating to Minorities and Women in the Armed Forces
Sec. 561. Surveys of racial and ethnic issues and of gender issues in
the Armed Forces.
Sec. 562. Annual report on status of female members of the Armed Forces.
Sec. 563. Wear of abayas by female members of the Armed Forces in Saudi
Arabia.
Subtitle H--Benefits
Sec. 571. Department of Defense support for persons participating in
military funeral honors details.
Sec. 572. Emergency leave of absence program.
Sec. 573. Enhanced flexibility in medical loan repayment program.
Sec. 574. Destinations authorized for Government paid transportation of
enlisted personnel for rest and recuperation absence upon
extending duty at designated locations overseas.
Sec. 575. Vehicle storage in lieu of transportation when member is
ordered to a nonforeign duty station outside continental
United States.
Subtitle I--Reports
Sec. 581. Quadrennial quality of life review.
Sec. 582. Report on desirability and feasibility of consolidating
separate courses of basic instruction for judge advocates.
Sec. 583. Reports on efforts to resolve status of Captain Michael Scott
Speicher, United States Navy.
Sec. 584. Report on volunteer services of members of the reserve
components in emergency response to the terrorist attacks of
September 11, 2001.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2003.
Sec. 602. Basic allowance for housing in cases of low-cost or no-cost
moves.
Sec. 603. Rate of basic allowance for subsistence for enlisted personnel
occupying single Government quarters without adequate
availability of meals.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
[[Page 116 STAT. 2464]]
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Increase in maximum rates for certain special pays, bonuses,
and financial assistance for health care professionals.
Sec. 616. Assignment incentive pay.
Sec. 617. Increase in maximum rates for prior service enlistment bonus.
Sec. 618. Retention incentives for health care professionals qualified
in a critical military skill.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Extension of leave travel deferral period for members
performing consecutive overseas tours of duty.
Sec. 622. Transportation of motor vehicles for members reported missing.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 631. Permanent reduction from eight to six in number of years of
reserve service required for eligibility for retired pay for
non-regular service.
Sec. 632. Increased retired pay for enlisted Reserves credited with
extraordinary heroism.
Sec. 633. Elimination of possible inversion in retired pay cost-of-
living adjustment for initial COLA computation.
Sec. 634. Technical revisions to so-called ``forgotten widows'' annuity
program.
Sec. 635. Expansion of authority of Secretary of Defense to waive time
limitations on claims against the Government for military
personnel benefits.
Sec. 636. Special compensation for certain combat-related disabled
uniformed services retirees.
Subtitle E--Montgomery GI Bill
Sec. 641. Time limitation for use of Montgomery GI Bill entitlement by
members of the Selected Reserve.
Sec. 642. Repayment requirements under Reserve Component Montgomery GI
Bill arising from failure to participate satisfactorily in
military service to be considered debts owed to the United
States.
Sec. 643. Technical adjustments to authority for certain members to
transfer educational assistance under Montgomery GI Bill to
dependents.
Subtitle F--Other Matters
Sec. 651. Payment of interest on student loans.
Sec. 652. Additional authority to provide assistance for families of
members of the Armed Forces.
Sec. 653. Repeal of authority for acceptance of honoraria by personnel
at certain Department of Defense schools.
Sec. 654. Addition of definition of continental United States in title
37.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Program Improvements
Sec. 701. Elimination of requirement for TRICARE preauthorization of
inpatient mental health care for medicare-eligible
beneficiaries.
Sec. 702. Continued TRICARE eligibility of dependents residing at remote
locations after departure of sponsors for unaccompanied
assignments and eligibility of dependents of reserve
component members ordered to active duty.
Sec. 703. Eligibility of surviving dependents for TRICARE dental program
benefits after discontinuance of former enrollment.
Sec. 704. Department of Defense Medicare-Eligible Retiree Health Care
Fund.
Sec. 705. Approval of medicare providers as TRICARE providers.
Sec. 706. Technical corrections relating to transitional health care for
members separated from active duty.
Sec. 707. Extension of temporary authority to enter into personal
services contracts for the performance of health care
responsibilities at locations other than military medical
treatment facilities.
Sec. 708. Access to health care services for beneficiaries eligible for
TRICARE and Department of Veterans Affairs health care.
Sec. 709. Disclosure of information on Project 112 to Department of
Veterans Affairs.
Subtitle B--Reports
Sec. 711. Claims information.
Sec. 712. Comptroller General report on provision of care under the
TRICARE program.
[[Page 116 STAT. 2465]]
Sec. 713. Repeal of report requirement.
Subtitle C--Department of Defense-Department of Veterans Affairs Health
Resources Sharing
Sec. 721. Revised coordination and sharing guidelines.
Sec. 722. Health care resources sharing and coordination project.
Sec. 723. Report on improved coordination and sharing of health care and
health care resources following domestic acts of terrorism or
domestic use of weapons of mass destruction.
Sec. 724. Interoperability of Department of Veterans Affairs and
Department of Defense pharmacy data systems.
Sec. 725. Joint pilot program for providing graduate medical education
and training for physicians.
Sec. 726. Repeal of certain limits on Department of Veterans Affairs
resources.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Buy-to-budget acquisition of end items.
Sec. 802. Report to Congress on evolutionary acquisition of major
defense acquisition programs.
Sec. 803. Spiral development under major defense acquisition programs.
Sec. 804. Improvement of software acquisition processes.
Sec. 805. Performance goals for procuring services pursuant to multiple
award contracts.
Sec. 806. Rapid acquisition and deployment procedures.
Sec. 807. Quick-reaction special projects acquisition team.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Limitation period for task and delivery order contracts.
Sec. 812. One-year extension of program applying simplified procedures
to certain commercial items; report.
Sec. 813. Extension and improvement of personnel demonstration policies
and procedures applicable to the civilian acquisition
workforce.
Sec. 814. Past performance given significant weight in renewal of
procurement technical assistance cooperative agreements.
Sec. 815. Increased maximum amount of assistance for tribal
organizations or economic enterprises carrying out
procurement technical assistance programs in two or more
service areas.
Sec. 816. Extension of contract goal for small disadvantaged businesses
and certain institutions of higher education.
Sec. 817. Grants of exceptions to cost or pricing data certification
requirements and waivers of cost accounting standards.
Sec. 818. Timing of certification in connection with waiver of
survivability and lethality testing requirements.
Sec. 819. Contracting with Federal Prison Industries.
Sec. 820. Revisions to multiyear contracting authority.
Subtitle C--Acquisition-Related Reports and Other Matters
Sec. 821. Evaluation of training, knowledge, and resources regarding
negotiation of intellectual property arrangements.
Sec. 822. Independent technology readiness assessments.
Sec. 823. Extension and amendment of requirement for annual report on
defense commercial pricing management improvement.
Sec. 824. Assessment of purchases of products and services through
contracts with other Federal departments and agencies.
Sec. 825. Repeal of certain requirements and Comptroller General reviews
of the requirements.
Sec. 826. Multiyear procurement authority for purchase of dinitrogen
tetroxide, hydrazine, and hydrazine-related products.
Sec. 827. Multiyear procurement authority for environmental services for
military installations.
Sec. 828. Report on effects of Army Contracting Agency.
Sec. 829. Authorization to take actions to correct the industrial
resource shortfall for radiation-hardened electronics.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Duties and Functions of Department of Defense Officers
Sec. 901. Under Secretary of Defense for Intelligence.
[[Page 116 STAT. 2466]]
Sec. 902. Reorganization of Office of Secretary of Defense for
administration of duties relating to homeland defense and
combating terrorism.
Subtitle B--Space Activities
Sec. 911. Oversight of acquisition for defense space programs.
Sec. 912. Report regarding assured access to space for the United
States.
Subtitle C--Reports
Sec. 921. Report on establishment of United States Northern Command.
Sec. 922. Time for submittal of report on Quadrennial Defense Review.
Sec. 923. National defense mission of Coast Guard to be included in
future Quadrennial Defense Reviews.
Sec. 924. Report on establishment of a Joint National Training Complex
and joint opposing forces.
Subtitle D--Other Matters
Sec. 931. Authority to accept gifts for National Defense University.
Sec. 932. Western Hemisphere Institute for Security Cooperation.
Sec. 933. Conforming amendment to reflect disestablishment of Department
of Defense Consequence Management Program Integration Office.
Sec. 934. Increase in number of Deputy Commandants of the Marine Corps.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Authorization of supplemental appropriations for fiscal year
2002.
Sec. 1003. United States contribution to NATO common-funded budgets in
fiscal year 2003.
Sec. 1004. Development and implementation of financial management
enterprise architecture.
Sec. 1005. Accountable officials in the Department of Defense.
Sec. 1006. Uniform standards throughout Department of Defense for
exposure of personnel to pecuniary liability for loss of
Government property.
Sec. 1007. Improvements in purchase card management.
Sec. 1008. Improvements in travel card management.
Sec. 1009. Clearance of certain transactions recorded in Treasury
suspense accounts and resolution of certain check issuance
discrepancies.
Sec. 1010. Authorization of funds for ballistic missile defense programs
or combating terrorism programs of the Department of Defense.
Sec. 1011. Reduction in overall authorization due to inflation savings.
Subtitle B--Naval Vessels and Shipyards
Sec. 1021. Number of Navy combatant surface vessels in active and
reserve service.
Sec. 1022. Annual long-range plan for the construction of naval vessels.
Sec. 1023. Assessment of the feasibility of the expedited equipping of a
Navy ship with a version of the 155-millimeter Advanced Gun
System.
Sec. 1024. Report on initiatives to increase operational days of Navy
ships.
Sec. 1025. Ship combat system industrial base.
Sec. 1026. Sense of Congress concerning aircraft carrier force
structure.
Sec. 1027. Conveyance, Navy drydock, Portland, Oregon.
Subtitle C--Strategic Matters
Sec. 1031. Strategic force structure plan for nuclear weapons and
delivery systems.
Sec. 1032. Annual report on weapons to defeat hardened and deeply buried
targets.
Sec. 1033. Report on effects of nuclear earth-penetrator weapon and
other weapons.
Subtitle D--Reports
Sec. 1041. Repeal and modification of various reporting requirements
applicable to the Department of Defense.
Sec. 1042. Requirement that Department of Defense reports to Congress be
accompanied by electronic version.
Sec. 1043. Annual report on the conduct of military operations conducted
as part of Operation Enduring Freedom.
Sec. 1044. Report on efforts to ensure adequacy of fire fighting staffs
at military installations.
Sec. 1045. Report on designation of certain Louisiana highway as Defense
Access Road.
Subtitle E--Extension of Expiring Authorities
Sec. 1051. Extension of authority for Secretary of Defense to sell
aircraft and aircraft parts for use in responding to oil
spills.
[[Page 116 STAT. 2467]]
Sec. 1052. Six-month extension of expiring Governmentwide information
security requirements; continued applicability of expiring
Governmentwide information security requirements to the
Department of Defense.
Sec. 1053. Two-year extension of authority of the Secretary of Defense
to engage in commercial activities as security for
intelligence collection activities abroad.
Subtitle F--Other Matters
Sec. 1061. Time for transmittal of annual defense authorization
legislative proposal.
Sec. 1062. Technical and clerical amendments.
Sec. 1063. Use for law enforcement purposes of DNA samples maintained by
Department of Defense for identification of human remains.
Sec. 1064. Enhanced authority to obtain foreign language services during
periods of emergency.
Sec. 1065. Rewards for assistance in combating terrorism.
Sec. 1066. Provision of space and services to military welfare
societies.
Sec. 1067. Prevention and mitigation of corrosion of military equipment
and infrastructure.
Sec. 1068. Transfer of historic DF-9E Panther aircraft to Women Airforce
Service Pilots Museum.
Sec. 1069. Increase in amount authorized to be expended for Department
of Defense program to commemorate 50th anniversary of the
Korean War.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Eligibility of Department of Defense nonappropriated fund
employees for long-term care insurance.
Sec. 1102. Extension of Department of Defense authority to make lump-sum
severance payments.
Sec. 1103. Continuation of Federal Employee Health Benefits Program
eligibility.
Sec. 1104. Certification for Department of Defense professional
accounting positions.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Authority to provide administrative services and support for
coalition liaison officers.
Sec. 1202. Authority to pay for certain travel of defense personnel of
countries participating in NATO Partnership for Peace
program.
Sec. 1203. Limitation on funding for Joint Data Exchange Center in
Moscow.
Sec. 1204. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
Sec. 1205. Comprehensive annual report to Congress on coordination and
integration of all United States nonproliferation activities.
Sec. 1206. Report requirement regarding Russian proliferation to Iran
and other countries of proliferation concern.
Sec. 1207. Monitoring of implementation of 1979 agreement between the
United States and China on cooperation in science and
technology.
Sec. 1208. Extension of certain counterproliferation activities and
programs.
Sec. 1209. Semiannual report by Director of Central Intelligence on
contributions by foreign persons to efforts by countries of
proliferation concern to obtain weapons of mass destruction
and their delivery systems.
Sec. 1210. Report on feasibility and advisability of senior officer
exchanges between the Armed Forces of the United States and
the military forces of Taiwan.
Sec. 1211. Report on United States force structure in the Pacific.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition against use of funds until submission of reports.
Sec. 1304. Report on use of revenue generated by activities carried out
under Cooperative Threat Reduction programs.
Sec. 1305. Prohibition against use of funds for second wing of fissile
material storage facility.
Sec. 1306. Limited waiver of restrictions on use of funds for threat
reduction in states of the former Soviet Union.
TITLE XIV--HOMELAND SECURITY
Sec. 1401. Transfer of technology items and equipment in support of
homeland security.
[[Page 116 STAT. 2468]]
Sec. 1402. Comprehensive plan for improving the preparedness of military
installations for terrorist incidents.
Sec. 1403. Additional Weapons of Mass Destruction Civil Support Teams.
Sec. 1404. Report on the role of the Department of Defense in supporting
homeland security.
Sec. 1405. Sense of Congress on Department of Defense assistance to
local first responders.
TITLE XV--AUTHORIZATION OF APPROPRIATIONS FOR THE WAR ON TERRORISM
Sec. 1501. Authorization of appropriations for continued operations for
the war on terrorism.
Sec. 1502. Mobilization and personnel.
Sec. 1503. Operations.
Sec. 1504. Equipment replacement and enhancement.
Sec. 1505. Classified activities.
Sec. 1506. Procurement of munitions.
Sec. 1507. Discretionary restoration of authorizations of appropriations
reduced for management efficiencies.
Sec. 1508. General provisions applicable to transfers.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2002 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2001 project.
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
2002 projects.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authority for use of military construction funds for
construction of public road near Aviano Air Base, Italy, to
replace road closed for force protection purposes.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
Sec. 2405. Modification of authority to carry out certain fiscal year
2000 project.
Sec. 2406. Modification of authority to carry out certain fiscal year
1999 project.
Sec. 2407. Modification of authority to carry out certain fiscal year
1997 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
[[Page 116 STAT. 2469]]
Sec. 2702. Extension of authorizations of certain fiscal year 2000
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1999
projects.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Lease of military family housing in Korea.
Sec. 2802. Modification of alternative authority for acquisition and
improvement of military housing.
Sec. 2803. Pilot housing privatization authority for acquisition or
construction of military unaccompanied housing.
Sec. 2804. Repeal of source requirements for family housing construction
overseas.
Sec. 2805. Availability of energy cost savings realized at military
installations.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Agreements to limit encroachments and other constraints on
military training, testing, and operations.
Sec. 2812. Conveyance of surplus real property for natural resource
conservation purposes.
Sec. 2813. Modification of demonstration program on reduction in long-
term facility maintenance costs.
Sec. 2814. Expanded authority to transfer property at military
installations to be closed to persons who construct or
provide military family housing.
Subtitle C--Land Conveyances
Part I--Army Conveyances
Sec. 2821. Transfer of jurisdiction, Fort McClellan, Alabama, to
establish Mountain Longleaf National Wildlife Refuge.
Sec. 2822. Land conveyances, lands in Alaska no longer required for
National Guard purposes.
Sec. 2823. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2824. Land conveyances, Bluegrass Army Depot, Richmond, Kentucky.
Sec. 2825. Land conveyance, Fort Campbell, Kentucky.
Sec. 2826. Land conveyance, Army Reserve Training Center, Buffalo,
Minnesota.
Sec. 2827. Land conveyance, Fort Monmouth, New Jersey.
Sec. 2828. Land conveyance, Fort Bliss, Texas.
Sec. 2829. Land conveyance, Fort Hood, Texas.
Sec. 2830. Land conveyances, Engineer Proving Ground, Fort Belvoir,
Virginia.
Part II--Navy Conveyances
Sec. 2831. Land conveyance, Marine Corps Air Station, Miramar, San
Diego, California.
Sec. 2832. Modification of authority for land transfer and conveyance,
Naval Security Group Activity, Winter Harbor, Maine.
Sec. 2833. Land conveyance, Westover Air Reserve Base, Massachusetts.
Sec. 2834. Land conveyance, Naval Station, Newport, Rhode Island.
Sec. 2835. Land exchange and boundary adjustments, Marine Corps Base,
Quantico, and Prince William Forest Park, Virginia.
Part III--Air Force Conveyances
Sec. 2841. Modification of land conveyance, Los Angeles Air Force Base,
California.
Sec. 2842. Land exchange, Buckley Air Force Base, Colorado.
Sec. 2843. Land conveyances, Wendover Air Force Base Auxiliary Field,
Nevada.
Subtitle D--Other Matters
Sec. 2851. Master plan for use of Navy Annex, Arlington, Virginia.
Sec. 2852. Sale of excess treated water and wastewater treatment
capacity, Marine Corps Base, Camp Lejeune, North Carolina.
Sec. 2853. Conveyance of real property, Adak Naval Complex, Alaska, and
related land conveyances.
Sec. 2854. Special requirement for adding military installation to
closure list.
[[Page 116 STAT. 2470]]
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3141. Annual assessments and reports to the President and Congress
regarding the condition of the United States nuclear weapons
stockpile.
Sec. 3142. Plans for achieving enhanced readiness posture for resumption
by the United States of underground nuclear weapons tests.
Sec. 3143. Requirements for specific request for new or modified nuclear
weapons.
Sec. 3144. Database to track notification and resolution phases of
Significant Finding Investigations.
Sec. 3145. Defense environmental management cleanup reform program.
Sec. 3146. Limitation on obligation of funds for Robust Nuclear Earth
Penetrator program pending submission of report.
Subtitle C--Proliferation Matters
Sec. 3151. Transfer to National Nuclear Security Administration of
Department of Defense's Cooperative Threat Reduction program
relating to elimination of weapons grade plutonium production
in Russia.
Sec. 3152. Repeal of requirement for reports on obligation of funds for
programs on fissile materials in Russia.
Sec. 3153. Expansion of annual reports on status of nuclear materials
protection, control, and accounting programs.
Sec. 3154. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, or biological weapons.
Sec. 3155. Cooperative program on research, development, and
demonstration of technology regarding nuclear or radiological
terrorism.
Sec. 3156. Matters relating to the International Materials Protection,
Control, and Accounting program of the Department of Energy.
Sec. 3157. Accelerated disposition of highly enriched uranium.
Sec. 3158. Strengthened international security for nuclear materials and
security of nuclear operations.
Sec. 3159. Export control programs.
Sec. 3160. Plan for accelerated return of weapons-usable nuclear
materials.
Sec. 3161. Sense of Congress on amendment of Convention on Physical
Protection of Nuclear Materials.
Sec. 3162. Sense of Congress on program to secure stockpiles of highly
enriched uranium and plutonium.
Subtitle D--Other Matters
Sec. 3171. Indemnification of Department of Energy contractors.
Sec. 3172. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.
Sec. 3173. Worker health and safety rules for Department of Energy
nuclear facilities.
Sec. 3174. Extension of authority to appoint certain scientific,
engineering, and technical personnel.
Sec. 3175. One-year extension of panel to assess the reliability,
safety, and security of the United States nuclear stockpile.
Sec. 3176. Report on status of environmental management initiatives to
accelerate the reduction of environmental risks and
challenges posed by the legacy of the Cold War.
Subtitle E--Disposition of Weapons-Usable Plutonium at Savannah River,
South Carolina
Sec. 3181. Findings.
Sec. 3182. Disposition of weapons-usable plutonium at Savannah River
Site.
Sec. 3183. Study of facilities for storage of plutonium and plutonium
materials at Savannah River Site.
[[Page 116 STAT. 2471]]
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2003.
Sec. 3502. Authority to convey vessel USS SPHINX (ARL-24).
Sec. 3503. Independent analysis of title XI insurance guarantee
applications.
Sec. 3504. Preparation as artificial reefs and scrapping of obsolete
vessels.
TITLE XXXVI--ATOMIC ENERGY DEFENSE PROVISIONS
Sec. 3601. Short title.
Subtitle A--[Reserved]
Subtitle B--Department of Energy National Security Authorizations
General Provisions
Sec. 3620. Definitions.
Sec. 3621. Reprogramming.
Sec. 3622. Minor construction projects.
Sec. 3623. Limits on construction projects.
Sec. 3624. Fund transfer authority.
Sec. 3625. Conceptual and construction design.
Sec. 3626. Authority for emergency planning, design, and construction
activities.
Sec. 3627. Scope of authority to carry out plant projects.
Sec. 3628. Availability of funds.
Sec. 3629. Transfer of defense environmental management funds.
Sec. 3630. Transfer of weapons activities funds.
Sec. 3631. Funds available for all national security programs of the
Department of Energy.
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 programs.
Subtitle B--Army Programs
Sec. 111. Pilot program on sales of manufactured articles and services
of certain Army industrial facilities without regard to
availability from domestic sources.
Sec. 112. Report on impact of Army aviation modernization plan on the
Army National Guard.
[[Page 116 STAT. 2472]]
Sec. 113. Family of Medium Tactical Vehicles.
Subtitle C--Navy Programs
Sec. 121. Extension of multiyear procurement authority for DDG-51 class
destroyers.
Sec. 122. Sense of Congress on scope of conversion program for
Ticonderoga-class cruisers.
Sec. 123. Continuation of contract for operation of Champion-class T-5
fuel tanker vessels.
Subtitle D--Air Force Programs
Sec. 131. Multiyear procurement authority for C-130J aircraft program.
Sec. 132. Pathfinder programs.
Sec. 133. Leases for tanker aircraft under multiyear aircraft-lease
pilot program.
Subtitle E--Other Programs
Sec. 141. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 142. Report on unmanned aerial vehicle systems.
Sec. 143. Global Information Grid system.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2003
for procurement for the Army as follows:
(1) For aircraft, $2,186,296,000.
(2) For missiles, $1,152,299,000.
(3) For weapons and tracked combat vehicles, $2,276,751,000.
(4) For ammunition, $1,229,533,000.
(5) For other procurement, $5,857,814,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for fiscal
year 2003 for procurement for the Navy as follows:
(1) For aircraft, $8,979,275,000.
(2) For weapons, including missiles and torpedoes,
$2,375,349,000.
(3) For shipbuilding and conversion, $9,111,023,000.
(4) For other procurement, $4,494,754,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2003 for procurement for the Marine Corps in the amount
of $1,355,491,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2003 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $1,170,750,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2003
for procurement for the Air Force as follows:
(1) For aircraft, $12,676,505,000.
(2) For missiles, $3,504,139,000.
(3) For ammunition, $1,290,764,000.
(4) For other procurement, $10,846,048,000.
[[Page 116 STAT. 2473]]
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2003
for Defense-wide procurement in the amount of $3,691,604,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2003
for procurement for the Inspector General of the Department of Defense
in the amount of $2,000,000.
SEC. 106. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
There is hereby authorized to be appropriated for fiscal year 2003
the amount of $1,490,199,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 107. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 2003
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $278,742,000.
Subtitle B--Army Programs
SEC. 111. PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES AND SERVICES
OF CERTAIN ARMY INDUSTRIAL FACILITIES WITHOUT REGARD TO
AVAILABILITY FROM DOMESTIC SOURCES.
(a) Extension of Program.--Subsection (a) of section 141 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 10 U.S.C. 4543 note) is amended by striking ``through 2002'' in the
first sentence and inserting ``through 2004''.
(b) Use of Overhead Funds Made Surplus by Sales.--Such section is
further amended--
(1) by striking subsection (d);
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Transfer of Certain Sums.--For each Army industrial facility
participating in the pilot program that sells manufactured articles and
services in a total amount in excess of $20,000,000 in any fiscal year,
the amount equal to one-half of one percent of such total amount shall
be transferred from the sums in the Army Working Capital Fund for
unutilized plant capacity to appropriations available for the following
fiscal year for the demilitarization of conventional ammunition by the
Army.''.
(c) Update <<NOTE: Deadline. Reports. 10 USC 4543 note.>> of
Inspector General's Review.--The Inspector General of the Department of
Defense shall review the experience under the pilot program carried out
under such section 141 and, not later than July 1, 2003, submit to
Congress a report on the results of the review. The report shall contain
the views, information, and recommendations called for under subsection
(d) of such
[[Page 116 STAT. 2474]]
section (as redesignated by subsection (b)(2)). In carrying out the
review and preparing the report, the Inspector General shall take into
consideration the report submitted to Congress under such subsection (as
so redesignated).
SEC. 112. REPORT ON IMPACT OF ARMY AVIATION MODERNIZATION PLAN ON THE
ARMY NATIONAL GUARD.
(a) Report by Chief of the National Guard Bureau.--The Chief of the
National Guard Bureau shall submit to the Chief of Staff of the Army a
report on the requirements for Army National Guard aviation. The report
shall include the following:
(1) An analysis of the impact of the Army Aviation
Modernization Plan on the ability of the Army National Guard to
conduct its aviation missions.
(2) The plan under that aviation modernization plan for the
transfer of aircraft from the active component of the Army to
the Army reserve components, including a timeline for those
transfers.
(3) The progress, as of January 1, 2003, in carrying out the
transfers under the plan referred to in paragraph (2).
(4) An evaluation of the suitability and cost effectiveness
of existing Commercial Off The Shelf light utility helicopters
for performance of Army National Guard utility aviation
missions.
(b) Comments and Recommendations by Chief of Staff of the Army.--Not
later than <<NOTE: Deadline.>> February 1, 2003, the Chief of Staff 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 the
report received under subsection (a), together with any comments and
recommendations that the Chief of Staff considers appropriate on the
matters covered in the report.
SEC. 113. FAMILY OF MEDIUM TACTICAL VEHICLES.
(a) Multiyear Procurement Authority.--Beginning with the fiscal year
2003 program year, the Secretary of the Army may, in accordance with
section 2306b of title 10, United States Code, enter into a multiyear
contract for the procurement of vehicles under the Family of Medium
Tactical Vehicles program, subject to subsection (b).
(b) Limitation.--The Secretary of the Army may not enter into a
multiyear contract for the procurement of vehicles in the Family of
Medium Tactical Vehicles authorized by subsection (a) until the
Secretary submits to the congressional defense committees a written
certification that--
(1) all key performance parameters required in the initial
operational test and evaluation for that program have been met;
and
(2) the total cost through the use of such multiyear
contract of the procurement of the number of vehicles to be
procured under such contract is at least 10 percent less than
the total cost of the procurement of the same number of such
vehicles through the use of successive one-year contracts.
(c) Waiver Authority.--The Secretary of Defense may waive subsection
(b)(2) if the Secretary--
(1) determines that using a multiyear contract for the
procurement of vehicles under the Family of Medium Tactical
Vehicles program is in the national security interests of the
United States;
[[Page 116 STAT. 2475]]
(2) certifies that the Army cannot achieve the savings
specified in subsection (b)(2); and
(3) submits to the congressional defense committees, in
writing, a notification of the waiver together with a report
describing the reasons why the use of a multiyear contract for
such procurement is in the national security interests of the
United States and why the Army cannot achieve a 10 percent
savings of the total anticipated costs of carrying out the
program through a multiyear contract.
Subtitle C--Navy Programs
SEC. 121. EXTENSION OF MULTIYEAR PROCUREMENT AUTHORITY FOR DDG-51 CLASS
DESTROYERS.
Section 122(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2446), as amended by section
122 of Public Law 106-65 (113 Stat. 534) and section 122(a) of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-24), is further
amended by striking ``October 1, 2005'' in the first sentence and
inserting ``October 1, 2007''.
SEC. 122. SENSE OF CONGRESS ON SCOPE OF CONVERSION PROGRAM FOR
TICONDEROGA-CLASS CRUISERS.
It is the sense of Congress that the Secretary of the Navy should
maintain the scope of the conversion program for the Ticonderoga class
of cruisers so that the program--
(1) covers all 27 ships in that class of cruisers; and
(2) provides for modernizing each of those ships to include
an appropriate mix of upgrades to ships' capabilities for
theater missile defense, naval fire support, and air dominance.
SEC. 123. CONTINUATION OF CONTRACT FOR OPERATION OF CHAMPION-CLASS T-5
FUEL TANKER VESSELS.
The Department of the Navy contract in effect on the date of the
enactment of this Act for the operation of five Champion-class T-5 fuel
tanker vessels shall continue in effect with respect to the operation of
each such vessel until the completion of the term of the contract or, if
sooner for any such vessel, until the vessel is no longer used for
purposes of the Military Sealift Command or any other Navy purpose.
Subtitle D--Air Force Programs
SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR C-130J AIRCRAFT PROGRAM.
(a) Multiyear Authority.--Beginning with the fiscal year 2003
program year, the Secretary of the Air Force may, in accordance with
section 2306b of title 10, United States Code, enter into a multiyear
contract for procurement of up to 40 C-130J aircraft in the CC-130J
configuration and up to 24 C-130J aircraft in the KC-130J configuration.
Notwithstanding subsection (k) of such section, such a contract may be
for a period of six program years.
(b) Limitation.--The Secretary of the Air Force may not enter into a
contract authorized by subsection (a) until--
[[Page 116 STAT. 2476]]
(1) testing of the CC-130J aircraft for qualification for
use in assault operations has been completed by the Air Force
Flight Test Center; and
(2) Block 5.3 software upgrades have been installed on all
C-130J and CC-130J aircraft in the inventory of the Air Force.
SEC. 132. PATHFINDER PROGRAMS.
(a) Pathfinder <<NOTE: Deadline. Records.>> Programs.--Not later
than February 1, 2003, the Secretary of the Air Force shall submit to
the congressional defense committees a list of Air Force programs that
the Secretary has designated as acquisition reform pathfinder programs
(hereinafter in this section referred to as ``pathfinder programs'').
(b) Oversight of Pathfinder Programs.--The Secretary of Defense
shall ensure that the Under Secretary of Defense for Acquisition,
Technology and Logistics, the Director of Operational Test and
Evaluation, and the Joint Requirements Oversight Council maintain
oversight over each pathfinder program that qualifies as a major defense
acquisition program under section 2430 of title 10, United States Code.
(c) Report <<NOTE: Deadline.>> on Pathfinder Programs.--(1) Not
later than March 15, 2003, the Secretary of the Air Force shall submit
to the congressional defense committees a report on pathfinder programs.
For each such program, the report shall include a description of the
following:
(A) The management approach for that program and how that
approach will result in a disciplined, affordable and well-
managed acquisition program.
(B) The acquisition strategy for that program and how that
acquisition strategy responds to approved operational
requirements.
(C) The test and evaluation plan for that program and how
that plan will provide adequate assessment of each pathfinder
program.
(D) The manner in which the acquisition plan for that
program considers cost, schedule, and technical risk.
(E) The manner in which any innovative business practices
developed as a result of participation in the program could be
applied to other acquisition programs, and any impediments to
application of such practices to other programs.
(2) For each such program, the report shall also set forth the
following:
(A) The manner in which the Under Secretary of Defense for
Acquisition, Technology, and Logistics will be involved in the
development, oversight, and approval of the program's management
approach, acquisition strategy, and acquisition approach.
(B) The manner in which the Director of Operational Test and
Evaluation will be involved in the development, oversight, and
approval of the program's test and evaluation plan.
(C) The manner in which an independent cost estimate for the
program will be developed by the Office of the Secretary of
Defense.
(d) Applicability of Spiral Development Section.--Nothing in this
section shall be construed to exempt any pathfinder program from the
application of any provision of section 803(c).
[[Page 116 STAT. 2477]]
SEC. 133. <<NOTE: 10 USC 2401a note.>> LEASES FOR TANKER AIRCRAFT UNDER
MULTIYEAR AIRCRAFT-LEASE PILOT PROGRAM.
The Secretary of the Air Force may not enter into a lease for the
acquisition of tanker aircraft for the Air Force under section 8159 of
the Department of Defense Appropriations Act, 2002 (division A of Public
Law 107-117; 115 Stat. 2284; 10 U.S.C. 2401a note) until--
(1) the Secretary submits the report specified in subsection
(c)(6) of such section; and
(2) either--
(A) authorization and appropriation of funds
necessary to enter into such lease are provided by law;
or
(B) a new start reprogramming notification for the
funds necessary to enter into such lease has been
submitted in accordance with established procedures.
Subtitle E--Other Programs
SEC. 141. <<NOTE: 50 USC 1521a.>> DESTRUCTION OF EXISTING STOCKPILE OF
LETHAL CHEMICAL AGENTS AND MUNITIONS.
(a) Program Management.--The Secretary of Defense shall ensure that
the program for destruction of the United States stockpile of lethal
chemical agents and munitions is managed as a major defense acquisition
program (as defined in section 2430 of title 10, United States Code) in
accordance with the essential elements of such programs as may be
determined by the Secretary.
(b) Requirement for Under Secretary of Defense (Comptroller) Annual
Certification.--Beginning with respect to the budget request for fiscal
year 2004, the Under Secretary of Defense (Comptroller) shall submit to
the congressional defense committees on an annual basis a certification
that the budget request for the chemical agents and munitions
destruction program has been submitted in accordance with the
requirements of section 1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521).
SEC. 142. REPORT ON UNMANNED AERIAL VEHICLE SYSTEMS.
(a) Report.--Not <<NOTE: Deadline.>> later than January 1, 2003, the
Secretary of Defense shall submit to Congress a report on unmanned
aerial vehicle systems of the Department of Defense.
(b) Matters To Be Included Concerning Unmanned Aerial Vehicle
Systems.--The Secretary shall include in the report under subsection (a)
the following, shown for each system referred to in that subsection:
(1) A description of the infrastructure that the Department
of Defense has (or is planning) for the system.
(2) A description of the operational requirements document
(ORD) for the system.
(3) A description of the physical infrastructure of the
Department for training and basing.
(4) A description of the manner in which the Department is
interfacing with the industrial base.
(5) A description of the acquisition plan for the system.
(6) A description of the process by which the Department
will ensure that any unmanned aerial vehicle program proceeding
past the science and technology stage does so only
[[Page 116 STAT. 2478]]
as part of an integrated, overall Office of the Secretary of
Defense strategy for acquisition of unmanned aerial vehicles,
such as that provided in the approved Office of the Secretary of
Defense unmanned aerial vehicle roadmap.
(c) Suggestions for Changes in Law.--The Secretary shall also
include in the report under subsection (a) such suggestions as the
Secretary considers appropriate for changes in law that would facilitate
the way the Department acquires unmanned aerial vehicle systems.
SEC. 143. GLOBAL INFORMATION GRID SYSTEM.
None of the funds authorized to be appropriated by this Act for the
Department of Defense system known as the Global Information Grid may be
obligated until the Secretary of Defense submits to the congressional
defense committees a plan to provide that, as part of the bandwidth
expansion efforts for the system, the system will be designed and
configured so as to ensure that information transmitted within the
system is secure and protected from unauthorized access.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Sec. 203. Defense health programs.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. RAH-66 Comanche aircraft program.
Sec. 212. Extension of requirements relating to management
responsibility for naval mine countermeasures programs.
Sec. 213. Revised requirements for plan for Manufacturing Technology
Program.
Sec. 214. Advanced SEAL Delivery System.
Sec. 215. Army experimentation program regarding design of the objective
force.
Sec. 216. Program to provide Army with self-propelled Future Combat
Systems non-line-of-sight cannon indirect fire capability for
the objective force.
Sec. 217. Prohibition on transfer of Medical Free Electron Laser
program.
Sec. 218. Littoral combat ship program.
Subtitle C--Ballistic Missile Defense
Sec. 221. Report requirements relating to ballistic missile defense
programs.
Sec. 222. Responsibility of Missile Defense Agency for research,
development, test, and evaluation related to system
improvements of programs transferred to military departments.
Sec. 223. Limitation on obligation of funds for Theater High Altitude
Area Defense Program pending submission of required life-
cycle cost information.
Sec. 224. Provision of information on flight testing of Ground-based
Midcourse National Missile Defense system.
Sec. 225. References to new name for Ballistic Missile Defense
Organization.
Sec. 226. One-year limitation on use of funds for nuclear armed
interceptors.
Subtitle D--Improved Management of Department of Defense Test and
Evaluation Facilities
Sec. 231. Department of Defense Test Resource Management Center.
Sec. 232. Objective for institutional funding of test and evaluation
facilities.
Sec. 233. Uniform financial management system for Department of Defense
test and evaluation facilities.
Sec. 234. Test and evaluation workforce improvements.
Sec. 235. Compliance with testing requirements.
Subtitle E--Other Matters
Sec. 241. Pilot programs for revitalizing Department of Defense
laboratories.
[[Page 116 STAT. 2479]]
Sec. 242. Technology Transition Initiative.
Sec. 243. Defense Acquisition Challenge Program.
Sec. 244. Encouragement of small businesses and nontraditional defense
contractors to submit proposals potentially beneficial for
combating terrorism.
Sec. 245. Vehicle fuel cell program.
Sec. 246. Defense nanotechnology research and development program.
Sec. 247. Activities of the Defense Experimental Program to Stimulate
Competitive Research.
Sec. 248. Four-year extension of authority of DARPA to award prizes for
advanced technology achievements and additional authority of
military departments and Defense Agencies to award prizes for
achievements in promoting education.
Sec. 249. Plan for five-year program for enhancement of measurement and
signatures intelligence capabilities of the United States
through incorporation of results of basic research on
sensors.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2003
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $7,158,256,000.
(2) For the Navy, $13,244,164,000.
(3) For the Air Force, $18,337,078,000.
(4) For Defense-wide activities, $17,970,653,000, of which
$311,554,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2003.--Of the amounts authorized to be appropriated
by section 201, $10,384,658,000 shall be available for the Defense
Science and Technology Program, including basic research, applied
research, and advanced technology development projects.
(b) Basic Research, Applied Research, and Advanced Technology
Development Defined.--For purposes of this section, the term ``basic
research, applied research, and advanced technology development'' means
work funded in program elements for defense research and development
under Department of Defense category 6.1, 6.2, or 6.3.
SEC. 203. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 2003
for the Department of Defense for research, development, test, and
evaluation for carrying out health care programs, projects, and
activities of the Department of Defense in the total amount of
$67,214,000.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. RAH-66 COMANCHE AIRCRAFT PROGRAM.
(a) Reports <<NOTE: Deadline. Reports.>> Required.--Not later than
the end of each fiscal quarter of fiscal year 2003, 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
[[Page 116 STAT. 2480]]
on the progress of the restructured engineering and manufacturing
development phase of the RAH-66 Comanche aircraft program.
(b) Content.--The report shall include, at a minimum, the
information relating to the program that the program manager provides to
the Assistant Secretary of the Army for Acquisition, Logistics, and
Technology with respect to--
(1) cost, including funding and contracts;
(2) schedule;
(3) performance;
(4) which goals are being met and which are not being met;
(5) milestones events accomplished; and
(6) significant events accomplished.
SEC. 212. EXTENSION OF REQUIREMENTS RELATING TO MANAGEMENT
RESPONSIBILITY FOR NAVAL MINE COUNTERMEASURES PROGRAMS.
(a) In General.--Section 216 of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1317),
as most recently amended by section 211 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 1946), is amended--
(1) in subsection (a), by striking ``through 2003'' and
inserting ``through 2008'';
(2) in subsection (b)--
(A) by striking ``and'' at the end of paragraph (2);
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) the responsibilities of the Joint Requirements
Oversight Council under subsections (b) and (d) of section 181
of title 10, United States Code, have been carried out with
respect to the updated mine countermeasures master plan, the
budget resources for mine countermeasures for that fiscal year,
and the future years defense program for mine countermeasures;
and''; and
(3) by adding at the end the following new subsection:
``(c) Notification of Proposed Changes.--Upon certifying under
subsection (b) with respect to a fiscal year, the Secretary may not
carry out any change to the naval mine countermeasures master plan or
the budget resources for mine countermeasures with respect to that
fiscal year until after the Under Secretary of Defense for Acquisition,
Technology, and Logistics submits to the congressional defense
committees a notification of the proposed change. Such notification
shall describe the nature of the proposed change, the effect of the
proposed change on the naval mine countermeasures program or related
programs with respect to that fiscal year, and the effect of the
proposed change on the validity of the decision to certify under
subsection (b) with respect to that fiscal year.''.
(b) Technical Amendments.--Such section is further amended--
(1) in subsection (a), by striking ``Under Secretary of
Defense for Acquisition and Technology'' and inserting ``Under
[[Page 116 STAT. 2481]]
Secretary of Defense for Acquisition, Technology, and
Logistics''; and
(2) in subsection (b)(2)--
(A) by striking ``multiyear'' and inserting ``future
years''; and
(B) by striking ``section 114a'' and inserting
``section 221''.
SEC. 213. REVISED REQUIREMENTS FOR PLAN FOR MANUFACTURING TECHNOLOGY
PROGRAM.
(a) Streamlined Contents of Plan.--Subsection (e) of section 2521 of
title 10, United States Code, is amended by striking ``prepare a five-
year plan'' in paragraph (1) and all that follows through the end of
subparagraph (B) of paragraph (2) and inserting the following: ``prepare
and maintain a five-year plan for the program.
``(2) The plan shall establish the following:
``(A) The overall manufacturing technology objectives,
milestones, priorities, and investment strategy for the program.
``(B) The specific objectives of, and funding for the
program by, each military department and each Defense Agency
participating in the program.''.
(b) Biennial Report.--Such subsection is further amended in
paragraph (3)--
(1) by striking ``annually'' and inserting ``biennially'';
and
(2) by striking ``for a fiscal year'' and inserting ``for
each even-numbered fiscal year''.
SEC. 214. ADVANCED SEAL DELIVERY SYSTEM.
(a) Transfer of Funds.--To the extent provided in appropriations
Acts, the amount described in subsection (b) shall be transferred to
amounts available for fiscal year 2003 for research, development, test,
and evaluation, Defense-Wide, and shall be available only for research,
development, test, and evaluation relating to the Advanced SEAL Delivery
System.
(b) Amount To Be Transferred.--The amount referred to in subsection
(a) is the amount of $13,700,000 that was authorized and appropriated
for fiscal year 2002 for procurement of the Advanced SEAL Delivery
System within amounts for Procurement, Defense-Wide.
(c) Transfer Authority in Addition to Other Authority.--The transfer
authority provided by this section is in addition to any other transfer
authority provided by law.
SEC. 215. ARMY EXPERIMENTATION PROGRAM REGARDING DESIGN OF THE OBJECTIVE
FORCE.
(a) Requirement <<NOTE: Deadline.>> for Report.--Not later than
March 31, 2003, the Secretary of the Army shall submit to Congress a
report on the experimentation program regarding design of the objective
force that is required by subsection (g) of section 113 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001, as added
by section 113 of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107; 115 Stat. 1029).
(b) Budget Display.--Amounts provided for the experimentation
program in the budget for fiscal year 2004 that is submitted to Congress
under section 1105(a) of title 31, United States Code, shall be
displayed as a distinct program element in that budget and in the
supporting documentation submitted to Congress by the Secretary of
Defense.
[[Page 116 STAT. 2482]]
SEC. 216. PROGRAM TO PROVIDE ARMY WITH SELF-PROPELLED FUTURE COMBAT
SYSTEMS NON-LINE-OF-SIGHT CANNON INDIRECT FIRE CAPABILITY
FOR THE OBJECTIVE FORCE.
(a) Program <<NOTE: Deadline.>> Required.--The Secretary of Defense
shall carry out a program to provide the Army, not later than fiscal
year 2008, with a self-propelled Future Combat Systems non-line-of-sight
cannon indirect fire capability to equip the objective force.
(b) Report.--(1) The Secretary shall submit to the congressional
defense committees, at the same time that the President submits the
budget for a fiscal year referred to in paragraph (2) to Congress under
section 1105(a) of title 31, United States Code, a report on the
investments proposed to be made with respect to non-line-of-sight
indirect fire programs for the Army. The report shall--
(A) identify the amount proposed for expenditures for the
Crusader artillery system program for that fiscal year in the
future-years defense program that was submitted to Congress in
2002 under section 221 of title 10, United States Code; and
(B) specify--
(i) the manner in which the amount provided in that
budget would be expended for improved non-line-of-sight
indirect fire capabilities for the Army; and
(ii) the extent to which expending such amount in
such manner would improve such capabilities for the
Army.
(2) <<NOTE: Applicability.>> The requirement to submit a report
under paragraph (1) shall apply with respect to budgets for fiscal years
2004, 2005, 2006, 2007, and 2008.
(c) Objective Force Defined.--In this section, the term ``objective
force'' has the meaning given such term in section 113(f)(2) of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-24).
(d) Funding.--Of the amount authorized to be appropriated by section
201(1) for the Army for research, development, test, and evaluation,
$368,500,000 shall be used only to develop and field a self-propelled
Future Combat Systems non-line-of-sight cannon indirect fire artillery
system and a resupply vehicle with respect to such system.
SEC. 217. PROHIBITION ON TRANSFER OF MEDICAL FREE ELECTRON LASER
PROGRAM.
The Medical Free Electron Laser Program (PE 0602227D8Z) may not be
transferred from the Department of Defense to the National Institutes of
Health, or to any other department or agency of the Federal Government.
SEC. 218. LITTORAL COMBAT SHIP PROGRAM.
(a) Amount for Program.--Of the amount authorized to be appropriated
by section 201(2) for research, development, test, and evaluation, Navy,
$4,000,000 may be available in program element 0603563N, relating to
Ship Concept Advanced Design, for requirements development for the
littoral combat ship.
(b) Limitation on Obligation of Funds.--The Secretary of the Navy
may not obligate any funds for the construction of a littoral combat
ship until after the Secretary submits the report required by subsection
(c).
[[Page 116 STAT. 2483]]
(c) Report on Milestone A Plan and Schedule.--(1) The Secretary of
the Navy shall submit to the congressional defense committees, at the
same time that the President submits the budget for fiscal year 2004 to
Congress under section 1105(a) of title 31, United States Code, a report
on development of the littoral combat ship.
(2) The report shall address the plan and schedule for fulfilling
the requirements of Department of Defense Instruction 5000-series for a
major defense acquisition Milestone A decision for initiation of concept
and technology development for the littoral combat ship, including the
following such requirements:
(A) Consideration of technology issues.
(B) Market research.
(C) Validated mission need statement.
(D) Analysis of multiple concepts.
(E) Test and evaluation master plan (evaluation strategy
only).
(F) Exit criteria.
(G) Acquisition decision memorandum.
(3) The report shall include a discussion of the Secretary's
acquisition strategy for development of the littoral combat ship.
(d) Requirements for Acquisition Strategy.--The Secretary shall
ensure that the acquisition strategy for development of the littoral
combat ship includes the following:
(1) A concept and technology demonstration phase that is
robust and, in a manner and on a schedule that will inform the
Navy's decisions on the concepts, technologies, and capabilities
to be incorporated into the initial design of the littoral
combat ship and into follow-on designs, capitalizes upon ongoing
and planned experiments, demonstrations, and evaluations of--
(A) existing, prototype, and experimental hull forms
and platforms, including the hull forms and platforms
relating to--
(i) the Coastal Waters Interdiction Platform;
(ii) the Hybrid Deep Vee Demonstrator;
(iii) the Littoral Support Craft
(Experimental);
(iv) the High Speed Vessel;
(v) surface effects ships;
(vi) Research Vessel Triton;
(vii) the SLICE ship;
(viii) other existing, prototype, and
experimental craft that the Secretary considers to
be appropriate; and
(ix) other existing ships capable of carrying
the desired payload packages;
(B) ship and combat systems components;
(C) command, control, and communications systems;
(D) intelligence, surveillance, and reconnaissance
systems;
(E) weapons systems; and
(F) support systems.
(2) A description of the experiments, demonstrations, and
evaluations that are needed for support of design and
development decisionmaking for mission modules to be employed on
the littoral combat ship, including the mission modules for--
(A) anti-submarine warfare;
(B) mine countermeasures;
[[Page 116 STAT. 2484]]
(C) anti-ship defense; and
(D) any other missions that may be envisioned for
the ship.
(3) An identification of the experiments, demonstrations,
and evaluations that would need to be accomplished during the
concept and technology demonstration phase and those that would
need to be accomplished during the system development and
demonstration phase (after a major defense acquisition Milestone
B decision to enter that phase).
(4) A description of the potential trade-offs between
program requirements and capabilities, and the methodology
(including life cycle cost as an independent variable, speed as
an independent variable, and other applicable program
attributes), needed to arrive at a design for a littoral combat
ship that can be approved (pursuant to a major defense
acquisition Milestone B decision) for entry into the system
development and demonstration phase.
(5) An analysis of the adequacy of existing and planned
platforms to test the littoral ship concept prior to
construction of a littoral combat ship.
Subtitle C--Ballistic Missile Defense
SEC. 221. <<NOTE: 10 USC 2431 note.>> REPORT REQUIREMENTS RELATING TO
BALLISTIC MISSILE DEFENSE PROGRAMS.
(a) Annual Submission of Current Performance Goals and Development
Baselines.--(1) The Secretary of Defense shall submit to the
congressional defense committees each year the performance goals and
development baselines--
(A) for those ballistic missile defense systems under
development by the Missile Defense Agency that could be fielded;
and
(B) for any other ballistic missile defense program or
project that has been designated by Congress as a special
interest item.
(2) Such performance goals and development baselines shall be
provided for each block of each such system.
(3) The performance goals and development baselines under paragraph
(1) shall be included annually with the defense budget justification
materials submitted in support of the President's budget submitted to
Congress under section 1105 of title 31, United States Code.
(b) RDT&E Budget Justification Materials.--The budget justification
materials submitted to Congress for any fiscal year in support of a
request for the authorization and appropriation of funds for research,
development, test, and evaluation for ballistic missile defense systems
shall include a funding profile for each block of each such system that
could be fielded that reflects the development baseline submitted
pursuant to subsection (a) for that fiscal year.
(c) Review of MDA Criteria in Relation to Military Requirements.--
(1) The Joint Requirements Oversight Council established under section
181 of title 10, United States Code, shall review cost, schedule, and
performance criteria for missile defense programs of the Missile Defense
Agency in order to assess the validity of those criteria in relation to
military requirements.
[[Page 116 STAT. 2485]]
(2) The Secretary shall include the results of such review with the
first annual statement of program goals submitted to the congressional
defense committees under section 232(c) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C.
2431 note) after the date of the enactment of this Act.
SEC. 222. RESPONSIBILITY OF MISSILE DEFENSE AGENCY FOR RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION RELATED TO SYSTEM
IMPROVEMENTS OF PROGRAMS TRANSFERRED TO MILITARY
DEPARTMENTS.
Section 224(e) of title 10, United States Code, is amended--
(1) by striking ``before a'' and inserting ``for each'';
(2) by striking ``is''; and
(3) by striking ``roles and responsibilities'' and all that
follows through the period at the end and inserting
``responsibility for research, development, test, and evaluation
related to system improvements for that program remains with the
Director.''.
SEC. 223. LIMITATION ON OBLIGATION OF FUNDS FOR THEATER HIGH ALTITUDE
AREA DEFENSE PROGRAM PENDING SUBMISSION OF REQUIRED LIFE-
CYCLE COST INFORMATION.
(a) Limitation Pending Submission of Certification.--Not more than
85 percent of the amount specified in subsection (b) may be obligated
until the Secretary of Defense submits to the congressional defense
committees the estimated total life-cycle cost of the Theater High
Altitude Area Defense (THAAD) program as required for programs in
engineering and manufacturing development by section 232(d) of the
National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-
107; 10 U.S.C. 2431 note).
(b) Funds <<NOTE: Applicability.>> Subject to Limitation.--
Subsection (a) applies to the amount authorized to be appropriated for
fiscal year 2003 for the Missile Defense Agency for the Theater High
Altitude Area Defense (THAAD) program.
SEC. 224. <<NOTE: 10 USC 2431 note.>> PROVISION OF INFORMATION ON FLIGHT
TESTING OF GROUND-BASED MIDCOURSE NATIONAL MISSILE DEFENSE
SYSTEM.
(a) Information To Be Furnished to Congressional Committees.--The
Director of the Missile Defense Agency shall provide to the
congressional defense committees information on the results of each
flight test of the Ground-based Midcourse national missile defense
system.
(b) Content.--Information provided under subsection (a) on the
results of a flight test shall include the following matters:
(1) A thorough discussion of the content and objectives of
the test.
(2) For each such test objective, a statement regarding
whether or not the objective was achieved.
(3) For any such test objective not achieved--
(A) a thorough discussion describing the reasons
that the objective was not achieved; and
(B) a discussion of any plans for future tests to
achieve that objective.
[[Page 116 STAT. 2486]]
SEC. 225. REFERENCES TO NEW NAME FOR BALLISTIC MISSILE DEFENSE
ORGANIZATION.
(a) In <<NOTE: 10 USC 223 note.>> General.--Any reference to the
Ballistic Missile Defense Organization in any provision of law,
regulation, map, document, record, or other paper of the United States
shall be considered to be a reference to the Missile Defense Agency.
(b) Conforming Amendments.--(1) Title 10, United States Code, is
amended as follows:
(A) Sections 203, 223, and 224 are each amended by striking
``Ballistic Missile Defense Organization'' each place it appears
and inserting ``Missile Defense Agency''.
(B)(i) The heading for section 203 is amended to read as
follows:
``Sec. 203. Director of Missile Defense Agency''.
(ii) The item relating to section 203 in the table of
sections at the beginning of subchapter II of chapter 8 is
amended to read as follows:
``203. Director of Missile Defense Agency.''.
(2) The National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107) is amended as follows:
(A) Sections 232 (115 Stat. 1037; 10 U.S.C. 2431 note), 233
(115 Stat. 1039), and 235 (115 Stat. 1041) are each amended by
striking ``Ballistic Missile Defense Organization'' each place
it appears and inserting ``Missile Defense Agency''.
(B) The heading for section 232 is amended to read as
follows:
``SEC. 232. PROGRAM ELEMENTS FOR MISSILE DEFENSE AGENCY.''.
(3) 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; 10 U.S.C. 2431 note) is amended--
(A) by striking ``Ballistic Missile Defense Organization''
each place it appears and inserting ``Missile Defense Agency'';
(B) in subsection (c), by striking ``BMDO'' and inserting
``MDA''; and
(C) by amending the heading to read as follows:
``SEC. 3132. ENHANCED COOPERATION BETWEEN NATIONAL NUCLEAR SECURITY
ADMINISTRATION AND MISSILE DEFENSE AGENCY.''.
(4) The following provisions are each amended by striking
``Ballistic Missile Defense Organization'' each place it appears and
inserting ``Missile Defense Agency'':
(A) Section 233 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 223 note).
(B) Section 243 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2431 note).
SEC. 226. ONE-YEAR LIMITATION ON USE OF FUNDS FOR NUCLEAR ARMED
INTERCEPTORS.
(a) Limitation.--None of the funds described in subsection (b) may
be obligated for research, development, test, or evaluation, or for
procurement, of a nuclear armed interceptor as a component of a missile
defense system.
[[Page 116 STAT. 2487]]
(b) Covered <<NOTE: Applicability.>> Funds.--Subsection (a) applies
to funds made available to the Department of Defense pursuant to an
authorization of appropriations in this title or title I or to the
Department of Energy pursuant to an authorization of appropriations in
title XXXI.
Subtitle D--Improved Management of Department of Defense Test and
Evaluation Facilities
SEC. 231. DEPARTMENT OF DEFENSE TEST RESOURCE MANAGEMENT CENTER.
(a) Establishment.--(1) Subchapter I of chapter 8 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 196. Department of Defense Test Resource Management Center
``(a) Establishment as Department of Defense Field Activity.--The
Secretary of Defense shall establish within the Department of Defense
under section 191 of this title a Department of Defense Test Resource
Management Center (hereinafter in this section referred to as the
`Center'). The Secretary shall designate the Center as a Department of
Defense Field Activity.
``(b) Director and Deputy Director.--(1) At the head of the Center
shall be a Director, selected by the Secretary from among commissioned
officers of the armed forces on active duty. The Director, while so
serving, holds the grade of lieutenant general or, in the case of an
officer of the Navy, vice admiral.
``(2) There shall be a Deputy Director of the Center, selected by
the Secretary from among senior civilian officers and employees of the
Department of Defense who have substantial experience in the field of
test and evaluation. The Deputy Director shall act for, and exercise the
powers of, the Director when the Director is disabled or the position of
Director is vacant.
``(c) Duties of Director.--The Director shall have the following
duties:
``(1) To review and provide oversight of proposed Department
of Defense budgets and expenditures for--
``(A) the test and evaluation facilities and
resources of the Major Range and Test Facility Base of
the Department of Defense; and
``(B) all other test and evaluation facilities and
resources within and outside of the Department of
Defense.
``(2) To complete and maintain the strategic plan required
by subsection (d).
``(3) To review proposed budgets under subsection (e) and
submit reports and certifications required by such subsection.
``(4) To administer the Central Test and Evaluation
Investment Program and the program of the Department of Defense
for test and evaluation science and technology.
``(d) Strategic Plan for Department of Defense Test and Evaluation
Resources.--(1) Not less often than once every two fiscal years, the
Director, in coordination with the Director of Operational Test and
Evaluation, the Secretaries of the military departments, and the heads
of Defense Agencies with test and evaluation
[[Page 116 STAT. 2488]]
responsibilities, shall complete a strategic plan reflecting the needs
of the Department of Defense with respect to test and evaluation
facilities and resources. Each such strategic plan shall cover the
period of ten fiscal years beginning with the fiscal year in which the
plan is submitted under paragraph (3). The strategic plan shall be based
on a comprehensive review of the test and evaluation requirements of the
Department and the adequacy of the test and evaluation facilities and
resources of the Department to meet those requirements.
``(2) The strategic plan shall include the following:
``(A) An assessment of the test and evaluation requirements
of the Department for the period covered by the plan.
``(B) An identification of performance measures associated
with the successful achievement of test and evaluation
objectives for the period covered by the plan.
``(C) An assessment of the test and evaluation facilities
and resources that will be needed to meet such requirements and
satisfy such performance measures.
``(D) An assessment of the current state of the test and
evaluation facilities and resources of the Department.
``(E) An itemization of acquisitions, upgrades, and
improvements necessary to ensure that the test and evaluation
facilities and resources of the Department are adequate to meet
such requirements and satisfy such performance measures.
``(F) An assessment of the budgetary resources necessary to
implement such acquisitions, upgrades, and improvements.
``(3) <<NOTE: Reports.>> Upon completing a strategic plan under
paragraph (1), the Director shall submit to the Secretary of Defense a
report on that plan. The report shall include the plan and a description
of the review on which the plan is based.
``(4) <<NOTE: Deadline. Reports.>> Not later than 60 days after the
date on which the report is submitted under paragraph (3), the Secretary
of Defense shall transmit to the Committee on Armed Services and
Committee on Appropriations of the Senate and the Committee on Armed
Services and Committee on Appropriations of the House of Representatives
the report, together with any comments with respect to the report that
the Secretary considers appropriate.
``(e) Certification of Budgets.--(1) The Secretary of Defense,
acting through the Under Secretary of Defense (Comptroller), shall
require that the Secretary of each military department, the Director of
Operational Test and Evaluation, and the head of each Defense Agency
with test and evaluation responsibilities transmit such Secretary's,
Director's, or head's proposed budget for test and evaluation activities
for a fiscal year to the Director of the Center for review under
paragraph (2) before submitting such proposed budget to the Under
Secretary of Defense (Comptroller).
``(2)(A) <<NOTE: Deadline. Reports.>> The Director of the Center
shall review each proposed budget transmitted under paragraph (1) and
shall, not later than January 31 of the year preceding the fiscal year
for which such budgets are proposed, submit to the Secretary of Defense
a report containing the comments of the Director with respect to all
such proposed budgets, together with the certification of the Director
as to whether such proposed budgets are adequate.
``(B) The Director shall also submit, together with such report and
such certification, an additional certification as to whether such
proposed budgets provide balanced support for such strategic plan.
[[Page 116 STAT. 2489]]
``(3) <<NOTE: Deadline. Reports.>> The Secretary of Defense shall,
not later than March 31 of the year preceding the fiscal year for which
such budgets are proposed, submit to Congress a report on those proposed
budgets which the Director has not certified under paragraph (2)(A) to
be adequate. The report shall include the following matters:
``(A) A discussion of the actions that the Secretary
proposes to take, together with any recommended legislation that
the Secretary considers appropriate, to address the inadequacy
of the proposed budgets.
``(B) Any additional comments that the Secretary considers
appropriate regarding the inadequacy of the proposed budgets.
``(f) Supervision of Director by Under Secretary.--The Director of
the Center shall be subject to the supervision of the Under Secretary of
Defense for Acquisition, Technology, and Logistics. The Director shall
report directly to the Under Secretary, without the interposition of any
other supervising official.
``(g) Administrative Support of Center.--The Secretary of Defense
shall provide the Director with administrative support adequate for
carrying out the Director's responsibilities under this section. The
Secretary shall provide the support out of the headquarters activities
of the Department or any other activities that the Secretary considers
appropriate.
``(h) Definition.--In this section, the term `Major Range and Test
Facility Base' means the test and evaluation facilities and resources
that are designated by the Director of Operational Test and Evaluation
as facilities and resources comprising the Major Range and Test Facility
Base.''.
(2) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``196. Department of Defense Test Resource Management Center.''.
(b) First <<NOTE: Deadline. 10 USC 196 note.>> Strategic Plan.--The
first strategic plan required to be completed under subsection (d)(1) of
section 196 of title 10, United States Code (as added by subsection
(a)), shall be completed not later than six months after the date of the
enactment of this Act.
(c) Administration of CTEIP and DOD T&E S&T Programs.--The duty of
the Director of the Department of Defense Test Resource Management
Center to administer the programs specified in subsection (c)(4) of
section 196 of title 10, United States Code (as added by subsection
(a)), shall take effect, and such programs shall be placed under control
of such Director, upon the beginning of the first fiscal year that
begins after the report on the first strategic plan referred to
subsection (b) is transmitted to the congressional committees required
by subsection (d)(4) of such section 196.
SEC. 232. OBJECTIVE FOR INSTITUTIONAL FUNDING OF TEST AND EVALUATION
FACILITIES.
(a) Funding Objective.--The Secretary of Defense shall establish the
objective of ensuring that, by fiscal year 2006--
(1) the institutional and overhead costs of a facility or
resource of a military department or Defense Agency that is
within the Major Range and Test Facility Base are fully funded
through the major test and evaluation investment accounts of the
military department or Defense Agency, the account of the
Central Test and Evaluation Investment Program of
[[Page 116 STAT. 2490]]
the Department of Defense, and other appropriate accounts of the
military department or Defense Agency; and
(2) the charge to an element of the Department of Defense
for a use by that element of such a facility or resource for
testing under a particular program is not more than the amount
equal to the direct costs of such use by that element.
(b) Definitions.--In this section:
(1) The term ``Major Range and Test Facility Base'' means
the test and evaluation facilities and resources that are
designated by the Director of Operational Test and Evaluation as
facilities and resources comprising the Major Range and Test
Facility Base.
(2) The term ``institutional and overhead costs'', with
respect to a facility or resource within the Major Range Test
and Facility Base--
(A) means the costs of maintaining, operating,
upgrading, and modernizing the facility or resource; and
(B) does not include any incremental cost of
operating the facility or resource that is attributable
to the use of the facility or resource for testing under
a particular program.
(3) The term ``direct costs'', with respect to a facility or
resource within the Major Range and Test Facility Base, means
those costs that are directly attributable to the use of the
facility or resource for testing under a particular program,
over and above the institutional and overhead costs with respect
to the facility or resource.
SEC. 233. <<NOTE: 10 USC 113 note.>> UNIFORM FINANCIAL MANAGEMENT SYSTEM
FOR DEPARTMENT OF DEFENSE TEST AND EVALUATION FACILITIES.
(a) Requirement <<NOTE: Deadline.>> for System.--The Secretary of
Defense shall implement a single financial management and accounting
system for all test and evaluation facilities of the Department of
Defense. The Secretary shall implement such system as soon as
practicable, and shall establish the objective that such system be
implemented not later than September 30, 2006.
(b) System Features.--The system required by subsection (a) shall be
designed to achieve, at a minimum, the following functional objectives:
(1) Enable managers within the Department of Defense to
compare the costs of carrying out test and evaluation activities
in the various facilities of the military departments.
(2) Enable the Secretary of Defense--
(A) to make prudent investment decisions; and
(B) to reduce the extent to which unnecessary costs
of owning and operating test and evaluation facilities
of the Department of Defense are incurred.
(3) Enable the Department of Defense to track the total cost
of test and evaluation activities.
(4) Comply with the financial management architecture
established by the Secretary.
SEC. 234. TEST AND EVALUATION WORKFORCE IMPROVEMENTS.
(a) Report <<NOTE: Deadline.>> on Capabilities.--Not later than
March 15, 2003, the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit to Congress a report on the
capabilities of the test and evaluation workforce of the Department of
Defense. The Under Secretary shall consult with the Under Secretary of
[[Page 116 STAT. 2491]]
Defense for Personnel and Readiness and the Director of Operational Test
and Evaluation in preparing the report.
(b) Requirement for Plan.--(1) The report shall contain a plan for
taking the actions necessary to ensure that the test and evaluation
workforce of the Department of Defense is of sufficient size and has the
expertise necessary to timely and accurately identify issues of military
suitability and effectiveness of Department of Defense systems through
testing of the systems.
(2) The plan shall set forth objectives for the size, composition,
and qualifications of the workforce, and shall specify the actions
(including recruitment, retention, and training) and milestones for
achieving the objectives.
(c) Additional Matters.--The report shall also include the following
matters:
(1) An assessment of the changing size and demographics of
the test and evaluation workforce, including the impact of
anticipated retirements among the most experienced personnel
over the period of five fiscal years beginning with fiscal year
2003, together with a discussion of the management actions
necessary to address the changes.
(2) An assessment of the anticipated workloads and
responsibilities of the test and evaluation workforce over the
period of ten fiscal years beginning with fiscal year 2003,
together with the number and qualifications of military and
civilian personnel necessary to carry out such workloads and
responsibilities.
(3) The Under Secretary's specific plans for using the
demonstration authority provided in section 4308 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 10 U.S.C. 1701 note) and other special personnel management
authorities of the Under Secretary to attract and retain
qualified personnel in the test and evaluation workforce.
(4) Any recommended legislation or additional special
authority that the Under Secretary considers appropriate for
facilitating the recruitment and retention of qualified
personnel for the test and evaluation workforce.
(5) Any other matters that are relevant to the capabilities
of the test and evaluation workforce.
SEC. 235. COMPLIANCE WITH TESTING REQUIREMENTS.
(a) Annual OT&E Report.--Subsection (g) of section 139 of title 10,
United States Code, is amended by inserting after the fourth sentence
the following: ``The report for a fiscal year shall also include an
assessment of the waivers of and deviations from requirements in test
and evaluation master plans and other testing requirements that occurred
during the fiscal year, any concerns raised by the waivers or
deviations, and the actions that have been taken or are planned to be
taken to address the concerns.''.
(b) Reorganization of Provision.--Subsection (g) of such section, as
amended by subsection (a), is further amended--
(1) by inserting ``(1)'' after ``(g)'';
(2) by designating the second sentence as paragraph (2);
(3) by designating the third sentence as paragraph (3);
(4) by designating the matter consisting of the fourth and
fifth sentences as paragraph (4); and
(5) by designating the sixth sentence as paragraph (5).
[[Page 116 STAT. 2492]]
Subtitle E--Other Matters
SEC. 241. <<NOTE: 10 USC 2358 note.>> PILOT PROGRAMS FOR REVITALIZING
DEPARTMENT OF DEFENSE LABORATORIES.
(a) Additional Pilot Program.--(1) The Secretary of Defense may
carry out a pilot program to demonstrate improved efficiency in the
performance of research, development, test, and evaluation functions of
the Department of Defense.
(2) Under the pilot program, the Secretary of Defense shall provide
the director of one science and technology laboratory, and the director
of one test and evaluation laboratory, of each military department with
authority for the following:
(A) To use innovative methods of personnel management
appropriate for ensuring that the selected laboratories can--
(i) employ and retain a workforce appropriately
balanced between permanent and temporary personnel and
among workers with appropriate levels of skills and
experience; and
(ii) effectively shape workforces to ensure that the
workforces have the necessary sets of skills and
experience to fulfill their organizational missions.
(B) To develop or expand innovative methods of entering into
and expanding cooperative relationships and arrangements with
private sector organizations, educational institutions
(including primary and secondary schools), and State and local
governments to facilitate the training of a future scientific
and technical workforce that will contribute significantly to
the accomplishment of organizational missions.
(C) To develop or expand innovative methods of establishing
cooperative relationships and arrangements with private sector
organizations and educational institutions to promote the
establishment of the technological industrial base in areas
critical for Department of Defense technological requirements.
(D) To waive any restrictions not required by law that apply
to the demonstration and implementation of methods for achieving
the objectives set forth in subparagraphs (A), (B), and (C).
(3) <<NOTE: Deadline.>> The Secretary may carry out the pilot
program under this subsection at each selected laboratory for a period
of three years beginning not later than March 1, 2003.
(b) Relationship to Fiscal Years 1999 and 2000 Revitalization Pilot
Programs.--The pilot program under this section is in addition to, but
may be carried out in conjunction with, the fiscal years 1999 and 2000
revitalization pilot programs.
(c) Reports.--(1) <<NOTE: Deadlines.>> Not later than January 1,
2003, the Secretary shall submit to Congress a report on the experience
under the fiscal years 1999 and 2000 revitalization pilot programs in
exercising the authorities provided for the administration of those
programs. The report shall include a description of--
(A) barriers to the exercise of the authorities that have
been encountered;
(B) the proposed solutions for overcoming the barriers; and
(C) the progress made in overcoming the barriers.
(2) Not later than September 1, 2003, the Secretary of Defense shall
submit to Congress a report on the implementation of the
[[Page 116 STAT. 2493]]
pilot program under subsection (a) and the fiscal years 1999 and 2000
revitalization pilot programs. The report shall include, for each such
pilot program, the following:
(A) Each laboratory selected for the pilot program.
(B) To the extent practicable, a description of the
innovative methods that are to be tested at each laboratory.
(C) The criteria to be used for measuring the success of
each method to be tested.
(3) Not later than 90 days after the expiration of the period for
the participation of a laboratory in a pilot program referred to in
paragraph (2), the Secretary of Defense shall submit to Congress a final
report on the participation of that laboratory in the pilot program. The
report shall include the following:
(A) A description of the methods tested.
(B) The results of the testing.
(C) The lessons learned.
(D) Any proposal for legislation that the Secretary
recommends on the basis of the experience at that laboratory
under the pilot program.
(d) Extension of Authority for Other Revitalization Pilot
Programs.--(1) Section 246(a)(4) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
1956; 10 U.S.C. 2358 note) is amended by striking ``a period of three
years'' and inserting ``up to six years''.
(2) Section 245(a)(4) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 553; 10 U.S.C. 2358 note)
is amended by striking ``a period of three years'' and inserting ``up to
five years''.
(e) Partnerships Under Pilot Program.--(1) The Secretary of Defense
may authorize one or more laboratories and test centers participating in
the pilot program under subsection (a) or in one of the fiscal years
1999 and 2000 revitalization pilot programs to enter into a cooperative
arrangement (in this subsection referred to as a ``public-private
partnership'') with entities in the private sector and institutions of
higher education for the performance of work.
(2) A competitive process shall be used for the selection of
entities outside the Government to participate in a public-private
partnership.
(3)(A) Not more than one public-private partnership may be
established as a limited liability company.
(B) An entity participating in a limited liability company as a
party to a public-private partnership under the pilot program may
contribute funds to the company, accept contributions of funds for the
company, and provide materials, services, and use of facilities for
research, technology, and infrastructure of the company, if it is
determined under regulations prescribed by the Secretary of Defense that
doing so will improve the efficiency of the performance of research,
test, and evaluation functions of the Department of Defense.
(f) Fiscal Years 1999 and 2000 Revitalization Pilot Programs
Defined.--In this section, the term ``fiscal years 1999 and 2000
revitalization pilot programs'' means--
(1) the pilot programs authorized by section 246 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 1955; 10 U.S.C. 2358
note); and
[[Page 116 STAT. 2494]]
(2) the pilot programs authorized by section 245 of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 552; 10 U.S.C. 2358 note).
SEC. 242. TECHNOLOGY TRANSITION INITIATIVE.
(a) Establishment and Conduct.--(1) Chapter 139 of title 10, United
States Code, is amended by inserting after section 2359 the following
new section:
``Sec. 2359a. Technology Transition Initiative
``(a) Initiative Required.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition, Technology, and
Logistics, shall carry out an initiative, to be known as the Technology
Transition Initiative (hereinafter in this section referred to as the
`Initiative'), to facilitate the rapid transition of new technologies
from science and technology programs of the Department of Defense into
acquisition programs of the Department for the production of such
technologies.
``(b) Objectives.--The objectives of the Initiative are as follows:
``(1) To accelerate the introduction of new technologies
into operational capabilities for the armed forces.
``(2) To successfully demonstrate new technologies in
relevant environments.
``(c) Management of Initiative.--(1) The Under Secretary shall
designate a senior official of the Department of Defense (hereinafter in
this section referred to as the `Manager') to manage the Initiative.
``(2) In managing the Initiative, the Manager shall--
``(A) report directly to the Under Secretary; and
``(B) obtain advice and other assistance from the Technology
Transition Council established under subsection (g).
``(3) The Manager shall--
``(A) in consultation with the Technology Transition Council
established under subsection (g), identify promising technology
transition projects that can contribute to meeting Department of
Defense technology goals and requirements;
``(B) identify potential sponsors in the Department of
Defense to manage such projects; and
``(C) provide funds under subsection (f) for those projects
that are selected under subsection (d)(2).
``(d) Selection of Projects.--(1) The science and technology and
acquisition executives of each military department and each appropriate
Defense Agency and the commanders of the unified and specified combatant
commands may nominate technology transition projects for implementation
under subsection (e) and shall submit a list of the projects so
nominated to the Manager.
``(2) The Manager, in consultation with the Technology Transition
Council established under subsection (g), shall select projects for
implementation under subsection (e) from among the projects on the lists
submitted under paragraph (1).
``(e) Implementation of Projects.--For each project selected under
subsection (d)(2), the Manager shall designate a military department or
Defense Agency to implement the project.
``(f) Funding of Projects.--(1) From funds made available to the
Manager for the Initiative, the Manager shall, subject to paragraphs (2)
and (3), provide funds for each project selected
[[Page 116 STAT. 2495]]
under subsection (d)(2) in an amount determined by mutual agreement
between the Manager and the acquisition executive of the military
department or Defense Agency concerned.
``(2) The amount of funds provided to a project under paragraph (1)
shall be not less than the amount equal to 50 percent of the total cost
of the project.
``(3) A project shall not be provided funds under this subsection
for more than four fiscal years.
``(g) Technology <<NOTE: Establishment.>> Transition Council.--(1)
There is a Technology Transition Council in the Department of Defense.
The Council is composed of the following members:
``(A) The science and technology executive of each military
department and each Defense Agency.
``(B) The acquisition executive of each military department.
``(C) The members of the Joint Requirements Oversight
Council.
``(2) The duty of the Council shall be to provide advice and
assistance to the Manager under this section.
``(3) The Council shall meet not less often than semiannually to
carry out its duty under paragraph (2).
``(h) Report.--Not <<NOTE: Deadline.>> later than March 31 of each
year, the Under Secretary shall submit to the Committee on Armed
Services and the Committee on Appropriations of the Senate and the
Committee on Armed Services and the Committee on Appropriations of the
House of Representatives a report on the activities carried out by the
Initiative during the preceding fiscal year.
``(i) Definition.--In this section, the term `acquisition
executive', with respect to a military department or Defense Agency,
means the official designated as the senior procurement executive for
that military department or Defense Agency for the purposes of section
16(3) of the Office of Federal Procurement Policy Act (41 U.S.C.
414(3)).''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2359 the
following new item:
``2359a. Technology Transition Initiative.''.
(b) Authorization of Appropriations.--Of the amount authorized to be
appropriated under section 201(4), $25,430,000 may be available in
program element 0603826D8Z for technology transition activities of the
Department of Defense, including the Technology Transition Initiative
required by section 2359a of title 10, United States Code (as added by
subsection (a)), the Defense Acquisition Challenge Program required by
section 2359b of title 10, United States Code (as added by section 243),
and Quick Reaction Special Projects.
SEC. 243. DEFENSE ACQUISITION CHALLENGE PROGRAM.
(a) In General.--Chapter 139 of title 10, United States Code, is
amended by inserting after section 2359a (as added by section 242) the
following new section:
``Sec. 2359b. Defense Acquisition Challenge Program
``(a) Program Required.--(1) The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition, Technology, and
Logistics, shall carry out a program to provide opportunities
[[Page 116 STAT. 2496]]
for the increased introduction of innovative and cost-saving technology
in acquisition programs of the Department of Defense.
``(2) The program, to be known as the Defense Acquisition Challenge
Program (hereinafter in this section referred to as the `Challenge
Program'), shall provide any person or activity within or outside the
Department of Defense with the opportunity to propose alternatives, to
be known as challenge proposals, at the component, subsystem, or system
level of an existing Department of Defense acquisition program that
would result in improvements in performance, affordability,
manufacturability, or operational capability of that acquisition
program.
``(b) Panels.--The <<NOTE: Establishment.>> Under Secretary shall
establish one or more panels of highly qualified scientists and
engineers (hereinafter in this section referred to as `Panels') to
provide preliminary evaluations of challenge proposals under subsection
(c).
``(c) Preliminary <<NOTE: Procedures.>> Evaluation by Panels.--(1)
Under procedures prescribed by the Under Secretary, a person or activity
within or outside the Department of Defense may submit challenge
proposals to a Panel, through the unsolicited proposal process or in
response to a broad agency announcement.
``(2) The Under Secretary shall establish procedures pursuant to
which appropriate officials of the Department of Defense may identify
proposals submitted through the unsolicited proposal process as
challenge proposals. The procedures shall provide for the expeditious
referral of such proposals to a Panel for preliminary evaluation under
this subsection.
``(3) The Under Secretary shall issue on an annual basis not less
than one such broad agency announcement inviting interested parties to
submit challenge proposals. Such announcements may also identify
particular technology areas and acquisition programs that will be given
priority in the evaluation of challenge proposals.
``(4) Under procedures established by the Under Secretary, a Panel
shall carry out a preliminary evaluation of each challenge proposal
submitted in response to a broad agency announcement, or submitted
through the unsolicited proposal process and identified as a challenge
proposal in accordance with paragraph (2), to determine each of the
following:
``(A) Whether the challenge proposal has merit.
``(B) Whether the challenge proposal is likely to result in
improvements in performance, affordability, manufacturability,
or operational capability at the component, subsystem, or system
level of an acquisition program.
``(C) Whether the challenge proposal could be implemented in
the acquisition program rapidly, at an acceptable cost, and
without unacceptable disruption to the acquisition program.
``(5) The Under Secretary may establish procedures to ensure that
the Challenge Program does not become an avenue for the repetitive
submission of proposals that have been previously reviewed and found not
to have merit.
``(6) If a Panel determines that a challenge proposal satisfies each
of the criteria specified in paragraph (4), the person or activity
submitting that challenge proposal shall be provided an opportunity to
submit such challenge proposal for a full review and evaluation under
subsection (d).
``(d) Full <<NOTE: Procedures.>> Review and Evaluation.--(1) Under
procedures prescribed by the Under Secretary, for each challenge
proposal submitted for a full review and evaluation as provided in
subsection
[[Page 116 STAT. 2497]]
(c)(6), the office carrying out the acquisition program to which the
proposal relates shall, in consultation with the prime system contractor
carrying out such program, conduct a full review and evaluation of the
proposal.
``(2) The full review and evaluation shall, independent of the
determination of a Panel under subsection (c)(4), determine each of the
matters specified in subparagraphs (A), (B), and (C) of such subsection.
The full review and evaluation shall also include--
``(A) an assessment of the cost of adopting the challenge
proposal and implementing it in the acquisition program; and
``(B) consideration of any intellectual property issues
associated with the challenge proposal.
``(e) Action <<NOTE: Procedures.>> Upon Favorable Full Review and
Evaluation.--(1) Under procedures prescribed by the Under Secretary,
each challenge proposal determined under a full review and evaluation to
satisfy each of the criteria specified in subsection (c)(4) with respect
to an acquisition program shall be considered by the office carrying out
the applicable acquisition program and the prime system contractor for
incorporation into the acquisition program as a new technology insertion
at the component, subsystem, or system level.
``(2) The Under Secretary shall encourage the adoption of each
challenge proposal referred to in paragraph (1) by providing suitable
incentives to the office carrying out the acquisition program and the
prime system contractor carrying out such program.
``(f) Access <<NOTE: Procedures.>> to Technical Resources.--(1)
Under procedures established by the Under Secretary, the technical
resources of the laboratories, research, development, and engineering
centers, test and evaluation activities, and other elements of the
Department may be called upon to support the activities of the Challenge
Program.
``(2) Funds available to carry out this program may be used to
compensate such laboratories, centers, activities, and elements for
technical assistance provided to a Panel pursuant to paragraph (1).
``(g) Elimination of Conflicts of Interest.--In carrying out each
preliminary evaluation under subsection (c) and full review under
subsection (d), the Under Secretary shall ensure the elimination of
conflicts of interest.
``(h) Limitation on Use of Funds.--Funds made available for the
Challenge Program may be used only for activities authorized by this
section, and not for implementation of challenge proposals.
``(i) Annual Report.--The Under Secretary shall submit an annual
report on the Challenge Program to Congress. The report shall be
submitted at the same time as the President submits the budget for a
fiscal year to Congress under section 1105(a) of title 31, and shall
cover the conduct of the Challenge Program for the preceding fiscal
year. The report shall include the number and scope of challenge
proposals submitted, preliminarily evaluated, subjected to full review
and evaluation, and adopted. No report is required for a fiscal year in
which the Challenge Program is not carried out.
``(j) Termination of Authority.--The Secretary may not carry out the
Challenge Program under this section after September 30, 2007.''.
[[Page 116 STAT. 2498]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2359a (as added by section 242) the following new item:
``2359b. Defense Acquisition Challenge Program.''.
SEC. 244. <<NOTE: 10 USC 2302 note.>> ENCOURAGEMENT OF SMALL BUSINESSES
AND NONTRADITIONAL DEFENSE CONTRACTORS TO SUBMIT PROPOSALS
POTENTIALLY BENEFICIAL FOR COMBATING TERRORISM.
(a) Establishment of Outreach Program.--During fiscal years 2003,
2004, and 2005, the Secretary of Defense, acting through the Under
Secretary of Defense for Acquisition, Technology, and Logistics, shall
carry out a program of outreach to small businesses and nontraditional
defense contractors for the purpose set forth in subsection (b).
(b) Purpose.--The purpose of the outreach program is to provide a
process for reviewing and evaluating research activities of, and new
technologies being developed by, small businesses and nontraditional
defense contractors that have the potential for meeting a defense
requirement or technology development goal of the Department of Defense
that relates to the mission of the Department of Defense to combat
terrorism.
(c) Goals.--The goals of the outreach program are as follows:
(1) To increase efforts within the Department of Defense to
survey and identify research activities and new technologies
described in subsection (b).
(2) To provide the Under Secretary of Defense for
Acquisition, Technology, and Logistics with a source of expert
advice on new technologies for combating terrorism.
(3) To increase efforts to educate nontraditional defense
contractors on Department of Defense acquisition processes,
including regulations, procedures, funding opportunities,
military needs and requirements, and technology transfer so as
to encourage such contractors to submit proposals regarding
research activities and new technologies described in subsection
(b).
(4) To increase efforts to provide timely response by the
Department of Defense to acquisition proposals (including
unsolicited proposals) submitted to the Department by small
businesses and by nontraditional defense contractors regarding
research activities and new technologies described in subsection
(b), including through the use of electronic transactions to
facilitate the processing of such proposals.
(d) Review <<NOTE: Appointment.>> Panel.--(1) The Secretary shall
appoint, under the outreach program, a panel for the review and
evaluation of acquisition proposals described in subsection (c)(4).
(2) The panel shall be composed of qualified personnel from the
military departments, relevant Defense Agencies, industry, academia, and
other private sector organizations.
(3) <<NOTE: Procedures.>> Under procedures prescribed by the Under
Secretary of Defense for Acquisition, Technology, and Logistics, a small
business or nontraditional defense contractor may submit acquisition
proposals for consideration under the program through the unsolicited
proposal process or in response to a broad agency announcement. The
Under Secretary shall issue on an annual basis not less than one such
broad agency announcement inviting parties to submit proposals.
[[Page 116 STAT. 2499]]
(4) <<NOTE: Procedures.>> Under procedures prescribed by the Under
Secretary, the panel shall review and evaluate acquisition proposals
selected by the panel. An acquisition proposal shall be selected for
review and evaluation if the panel determines that the acquisition
proposal may present a unique and valuable approach for meeting a
defense requirement or technology development goal of the Department of
Defense that relates to the mission of the Department of Defense to
combat terrorism. In carrying out its duties under this paragraph, the
panel may act through representatives designated by the panel.
(5) <<NOTE: Deadlines.>> The panel shall--
(A) not later than 60 days after the date on which the panel
receives an acquisition proposal described in subsection (c)(4),
transmit to the small business or nontraditional defense
contractor that submitted the proposal a notification regarding
whether the acquisition proposal has been selected under
paragraph (4) for review and evaluation;
(B) to the maximum extent practicable, complete the review
and evaluation of each selected acquisition proposal not later
than 120 days after the date on which such proposal is selected
under paragraph (4); and
(C) after completing the review and evaluation of an
acquisition proposal, transmit the results of that review and
evaluation to the small business or nontraditional defense
contractor that submitted the proposal.
(6) The Secretary shall ensure that the panel, in reviewing and
evaluating acquisition proposals under this subsection, has the
authority to obtain assistance, to a reasonable extent, from the
appropriate technical resources of the laboratories, research,
development, and engineering centers, test and evaluation activities,
and other elements of the Department of Defense.
(7) If, after completing review and evaluation of an acquisition
proposal, the panel determines that such proposal represents a unique
and valuable approach for meeting a defense requirement or technology
development goal of the Department of Defense that relates to the
mission of the Department of Defense to combat terrorism, the panel
shall submit that determination to the Under Secretary of Defense for
Acquisition, Technology, and Logistics, together with any
recommendations that the panel considers appropriate regarding such
proposal.
(8) The Under Secretary of Defense for Acquisition, Technology, and
Logistics may provide funding for acquisition proposals with respect to
which the panel has submitted a determination under paragraph (7)
through appropriate accounts of the military departments, Defense
Agencies, the Small Business Innovative Research program, or any other
acquisition program.
(9) The Secretary of Defense shall ensure that a member of the panel
has no conflict of interest with respect to the review and evaluation of
an acquisition proposal by the panel.
(e) Nontraditional Defense Contractor Defined.--In this section, the
term ``nontraditional defense contractor'' means an entity that has not,
for at least one year prior to the date of the enactment of this Act,
entered into, or performed with respect to, any contract described in
paragraph (1) or (2) of section 845(e) of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note).
[[Page 116 STAT. 2500]]
SEC. 245. <<NOTE: 10 USC 2358 note.>> VEHICLE FUEL CELL PROGRAM.
(a) Program Required.--The Secretary of Defense shall carry out a
program for the development of vehicle fuel cell technology.
(b) Goals and Objectives.--The goals and objectives of the program
shall be as follows:
(1) To identify and support technological advances that are
necessary for the development of fuel cell technology for use in
vehicles of types to be used by the Department of Defense.
(2) To ensure that critical technology advances are shared
among the various fuel cell technology programs within the
Federal Government.
(3) To maximize the leverage of Federal funds that are used
for the development of fuel cell technology.
(c) Content of Program.--The program shall include--
(1) development of vehicle propulsion technologies and fuel
cell auxiliary power units, together with pilot projects for the
demonstration of such technologies, as appropriate; and
(2) development of technologies necessary to address
critical issues with respect to vehicle fuel cells, such as
issues relating to hydrogen storage and hydrogen fuel
infrastructure.
(d) Cooperation With Industry.--(1) The Secretary shall carry out
the program in cooperation with companies selected by the Secretary. The
Secretary shall select such companies from among--
(A) companies in the automobile and truck manufacturing
industry;
(B) companies in the business of supplying systems and
components to that industry; and
(C) companies in any other industries that the Secretary
considers appropriate.
(2) The Secretary may enter into a cooperative agreement with one or
more companies selected under paragraph (1) to establish an entity for
carrying out activities required by subsection (c).
(3) The Secretary shall ensure that companies referred to in
paragraph (1) collectively contribute, in cash or in kind, not less than
one-half of the total cost of carrying out the program under this
section.
(e) Coordination With Other Federal Agencies.--The Secretary shall
carry out the program using a coordinating mechanism for sharing
information and resources with the Department of Energy and other
Federal agencies.
(f) Intial Funding.--Of the funds authorized to be appropriated by
section 201(4), $10,000,000 shall be available for the program required
by this section.
SEC. 246. <<NOTE: 10 USC 2358 note.>> DEFENSE NANOTECHNOLOGY RESEARCH
AND DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary of Defense shall carry out a
defense nanotechnology research and development program.
(b) Purposes.--The purposes of the program are as follows:
(1) To ensure United States global superiority in
nanotechnology necessary for meeting national security
requirements.
(2) To coordinate all nanoscale research and development
within the Department of Defense, and to provide for interagency
cooperation and collaboration on nanoscale research
[[Page 116 STAT. 2501]]
and development between the Department of Defense and other
departments and agencies of the United States that are involved
in nanoscale research and development.
(3) To develop and manage a portfolio of fundamental and
applied nanoscience and engineering research initiatives that is
stable, consistent, and balanced across scientific disciplines.
(4) To accelerate the transition and deployment of
technologies and concepts derived from nanoscale research and
development into the Armed Forces, and to establish policies,
procedures, and standards for measuring the success of such
efforts.
(5) To collect, synthesize, and disseminate critical
information on nanoscale research and development.
(c) Administration.--In carrying out the program, the Secretary
shall act through the Director of Defense Research and Engineering, who
shall supervise the planning, management, and coordination of the
program. The Director, in consultation with the Secretaries of the
military departments and the heads of participating Defense Agencies and
other departments and agencies of the United States, shall--
(1) prescribe a set of long-term challenges and a set of
specific technical goals for the program;
(2) develop a coordinated and integrated research and
investment plan for meeting the long-term challenges and
achieving the specific technical goals that builds upon the
Department's increased investment in nanotechnology research and
development and the National Nanotechnology Initiative; and
(3) develop memoranda of agreement, joint funding
agreements, and other cooperative arrangements necessary for
meeting the long-term challenges and achieving the specific
technical goals.
(d) Annual <<NOTE: Deadline.>> Report.--Not later than March 1 of
each of 2004, 2005, 2006, and 2007, the Director of Defense Research and
Engineering shall submit to the congressional defense committees a
report on the program. The report shall contain the following matters:
(1) A review of--
(A) the long-term challenges and specific technical
goals of the program; and
(B) the progress made toward meeting those
challenges and achieving those goals.
(2) An assessment of current and proposed funding levels,
including the adequacy of such funding levels to support program
activities.
(3) A review of the coordination of activities within the
Department of Defense, with other departments and agencies, and
with the National Nanotechnology Initiative.
(4) An assessment of the extent to which effective
technology transition paths have been established as a result of
activities under the program.
(5) Recommendations for additional program activities to
meet emerging national security requirements.
[[Page 116 STAT. 2502]]
SEC. 247. ACTIVITIES OF THE DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.
Subsection (c) of section 257 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2358 note) is
amended--
(1) in paragraph (1), by striking ``research grants'' and
inserting ``grants for research and instrumentation to support
such research''; and
(2) by adding at the end the following new paragraph:
``(3) Any other activities that are determined necessary to
further the achievement of the objectives of the program.''.
SEC. 248. FOUR-YEAR EXTENSION OF AUTHORITY OF DARPA TO AWARD PRIZES FOR
ADVANCED TECHNOLOGY ACHIEVEMENTS AND ADDITIONAL AUTHORITY OF
MILITARY DEPARTMENTS AND DEFENSE AGENCIES TO AWARD PRIZES
FOR ACHIEVEMENTS IN PROMOTING EDUCATION.
(a) Extension.--Section 2374a(f) of title 10, United States Code, is
amended by striking ``September 30, 2003'' and inserting ``September 30,
2007''.
(b) Report <<NOTE: Deadline.>> on Administration of Program.--(1)
Not later than December 31, 2002, the Director of the Defense Advanced
Research Projects Agency shall submit to the congressional defense
committees a report on the proposal of the Director for the
administration of the program to award prizes for advanced technology
achievements under section 2374a of title 10, United States Code.
(2) The report shall include the following:
(A) The results of consultations by the Director with
officials of the military departments regarding the technology
areas for which competitive prizes would be established.
(B) A description of the proposed goals of the competitions
that would be established under the program, including the
technology areas to be promoted by the competitions and the
relationship of such areas to military missions of the
Department of Defense.
(C) The proposed rules for the competitions that would be
established under the program and a description of the proposed
management of the competitions.
(D) A description of the manner in which the amounts of the
cash prizes awarded and claimed under the program would be
allocated among the accounts of the Defense Advanced Research
Projects Agency for recording as obligations and expenditures.
(E) For each competition that would be established under the
program, a statement of the reasons why the competition is a
preferable means of promoting basic, advanced, and applied
research, advanced technology development, or prototype
projects, rather than other means of promoting such activities,
including contracts, grants, cooperative agreements, and other
transactions.
(c) Additional Authority to Award Cash Prizes for Promoting
Education in Support of DoD Missions.--(1) Chapter 139 of title 10,
United States Code, is amended by adding at the end the following new
section:
[[Page 116 STAT. 2503]]
``Sec. 2374b. Prizes for achievements in promoting science, mathematics,
engineering, or technology education
``(a) Authority.--The Secretaries of the military departments and
the heads of defense agencies may each carry out a program to award cash
prizes in recognition of outstanding achievements that are designed to
promote science, mathematics, engineering, or technology education in
support of the missions of the Department of Defense.
``(b) Competition Requirements.--Each program under subsection (a)
shall use a competitive process for the selection of recipients of cash
prizes.
``(c) Limitation.--For any single program under subsection (a), the
total amount made available for award of cash prizes in a fiscal year
may not exceed $1,000,000.
``(d) Relationship to Other Authority.--The program under subsection
(a) may be carried out in conjunction with or in addition to the
exercise of any other authority to acquire, support, or stimulate basic
and applied research, advanced technology development, or prototype
development projects.
``(e) Annual Report.--Promptly after the end of each fiscal year,
each Secretary of a military department and each head of a defense
agency carrying out a program under subsection (a) shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the administration of that program for that
fiscal year.
``(f) Period of Authority.--The authority to award prizes under
subsection (a) shall terminate at the end of September 30, 2006.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2374b. Prizes for achievements in promoting science, mathematics,
engineering, or technology education.''.
SEC. 249. PLAN FOR FIVE-YEAR PROGRAM FOR ENHANCEMENT OF MEASUREMENT AND
SIGNATURES INTELLIGENCE CAPABILITIES OF THE UNITED STATES
THROUGH INCORPORATION OF RESULTS OF BASIC RESEARCH ON
SENSORS.
(a) Congressional Finding.--Congress finds that the national
interest will be served by the rapid exploitation of basic research on
sensors for purposes of enhancing the measurement and signatures
intelligence (MASINT) capabilities of the United States.
(b) Plan <<NOTE: Deadline.>> for Research Program.--(1) Not later
than March 31, 2003, the Secretary of Defense shall submit to Congress a
plan for a five-year program of research intended to provide for the
incorporation of the results of basic research on sensors into the
measurement and signatures intelligence systems of the United States, to
the extent the results of such research is applicable to such systems.
Such program shall include the review and assessment of basic research
on sensors for purpose of such incorporation, including both basic
research on sensors conducted by the Government and basic research on
sensors conducted by non-governmental entities.
(2) The plan submitted under paragraph (1) shall provide that the
activities to be carried out under the program provided for
[[Page 116 STAT. 2504]]
in the plan shall be carried out by a consortium consisting of such
governmental and non-governmental entities as the Secretary considers
appropriate for purposes of incorporating the broadest practicable range
of sensor capabilities into the systems referred to in paragraph (1).
The consortium may include national laboratories, universities, and
private sector entities.
(3) The plan shall include a proposal for the funding of activities
under the five-year program provided for in the plan, including cost-
sharing by non-governmental participants in the consortium under
paragraph (2).
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. Grant to National Guard Youth Foundation.
Subtitle B--Environmental Provisions
Sec. 311. Enhancement of authority on cooperative agreements for
environmental purposes.
Sec. 312. Single point of contact for policy and budgeting issues
regarding unexploded ordnance, discarded military munitions,
and munitions constituents.
Sec. 313. Authority to carry out construction projects for environmental
responses.
Sec. 314. Procurement of environmentally preferable procurement items.
Sec. 315. Incidental taking of migratory birds during military readiness
activities.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 321. Authority for each military department to provide base
operating support to Fisher Houses.
Sec. 322. Use of commissary stores and MWR retail facilities by members
of National Guard serving in national emergency.
Sec. 323. Uniform funding and management of morale, welfare, and
recreation programs.
Sec. 324. Rebate agreements under the special supplemental food program.
Subtitle D--Workplace and Depot Issues
Sec. 331. Notification requirements in connection with required studies
for conversion of commercial or industrial type functions to
contractor performance.
Sec. 332. Temporary authority for contractor performance of security-
guard functions to meet increased requirements since
September 11, 2001.
Sec. 333. Repeal of obsolete provision regarding depot-level maintenance
and repair workloads that were performed at closed or
realigned military installations.
Sec. 334. Exclusion of certain expenditures from limitation on private
sector performance of depot-level maintenance.
Subtitle E--Defense Dependents Education
Sec. 341. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 342. Housing benefits for unaccompanied teachers required to live
at Guantanamo Bay Naval Station, Cuba.
Sec. 343. Options for funding dependent summer school programs.
Sec. 344. Impact aid eligibility for local educational agencies affected
by privatization of military housing.
Sec. 345. Comptroller General study of adequacy of compensation provided
for teachers in the Department of Defense Overseas
Dependents' Schools.
Subtitle F--Information Technology
Sec. 351. Annual submission of information regarding information
technology capital assets.
[[Page 116 STAT. 2505]]
Sec. 352. Policy regarding acquisition of information assurance and
information assurance-enabled information technology
products.
Sec. 353. Installation and connection policy and procedures regarding
Defense Switch Network.
Subtitle G--Other Matters
Sec. 361. Distribution of monthly reports on allocation of funds within
operation and maintenance budget subactivities.
Sec. 362. Continuation of arsenal support program initiative.
Sec. 363. Extension of work safety demonstration program.
Sec. 364. Condition on authority of Defense Security Service to impose
fees on fee-for-service basis.
Sec. 365. Logistics support and services for weapon systems contractors.
Sec. 366. Training range sustainment plan, Global Status of Resources
and Training System, and training range inventory.
Sec. 367. Engineering study and environmental analysis of road
modifications in vicinity of Fort Belvoir, Virginia.
Sec. 368. Reauthorization of warranty claims recovery pilot program.
Sec. 369. Expanded eligibility for loan, gift, or exchange of documents,
historical artifacts, and condemned or obsolete combat
materiel.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2003
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $23,922,251,000.
(2) For the Navy, $29,264,939,000.
(3) For the Marine Corps, $3,559,636,000.
(4) For the Air Force, $27,419,488,000.
(5) For Defense-wide activities, $14,145,310,000.
(6) For the Army Reserve, $1,985,110,000.
(7) For the Naval Reserve, $1,233,759,000.
(8) For the Marine Corps Reserve, $189,532,000.
(9) For the Air Force Reserve, $2,160,604,000.
(10) For the Army National Guard, $4,155,067,000.
(11) For the Air National Guard, $4,104,810,000.
(12) For the Defense Inspector General, $155,165,000.
(13) For the United States Court of Appeals for the Armed
Forces, $9,614,000.
(14) For Environmental Restoration, Army, $395,900,000.
(15) For Environmental Restoration, Navy, $256,948,000.
(16) For Environmental Restoration, Air Force, $389,773,000.
(17) For Environmental Restoration, Defense-wide,
$23,498,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $252,102,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $58,400,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $859,907,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $25,000,000.
(22) For Defense Health Program, $14,123,038,000.
(23) For Cooperative Threat Reduction programs,
$416,700,000.
[[Page 116 STAT. 2506]]
(24) For Support for International Sporting Competitions,
Defense, $19,000,000.
(25) For overseas contingency operations transfer fund,
$17,844,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2003
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $387,156,000
(2) For the National Defense Sealift Fund, $934,129,000.
(3) For the Defense Commissary Agency Working Capital Fund,
$969,200,000.
(4) For the Pentagon Reservation Maintenance Revolving Fund,
$328,000,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2003
from the Armed Forces Retirement Home Trust Fund the sum of $69,921,000
for the operation of the Armed Forces Retirement Home.
SEC. 304. GRANT TO NATIONAL GUARD YOUTH FOUNDATION.
Of the amount authorized to be appropriated by section 301(5) for
administrative and service-wide activities for civil-military programs,
the Secretary of Defense may use up to $2,500,000 to make a grant to the
National Guard Youth Foundation to support the efforts of the Foundation
to mobilize individuals, groups, and organizations to build and
strengthen the character and competence of youth in the United States.
Subtitle B--Environmental Provisions
SEC. 311. ENHANCEMENT OF AUTHORITY ON COOPERATIVE AGREEMENTS FOR
ENVIRONMENTAL PURPOSES.
Section 2701(d) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraph (3)'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Cross-fiscal year agreements.--An agreement with an
agency under paragraph (1) may be for a period that begins in
one fiscal year and ends in another fiscal year so long as the
period of the agreement does not exceed two years.''.
SEC. 312. SINGLE POINT OF CONTACT FOR POLICY AND BUDGETING ISSUES
REGARDING UNEXPLODED ORDNANCE, DISCARDED MILITARY MUNITIONS,
AND MUNITIONS CONSTITUENTS.
Section 2701 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(k) UXO <<NOTE: Establishment.>> Program Manager.--(1) The
Secretary of Defense shall establish a program manager who shall serve
as the single
[[Page 116 STAT. 2507]]
point of contact in the Department of Defense for policy and budgeting
issues involving the characterization, remediation, and management of
explosive and related risks with respect to unexploded ordnance,
discarded military munitions, and munitions constituents at defense
sites (as such terms are defined in section 2710 of this title) that
pose a threat to human health or safety.
``(2) The authority to establish the program manager may be
delegated to the Secretary of a military department, who may delegate
the authority to the Under Secretary of that military department. The
authority may not be further delegated.
``(3) The program manager may establish an independent advisory and
review panel that may include representatives of the National Academy of
Sciences, nongovernmental organizations with expertise regarding
unexploded ordnance, discarded military munitions, or munitions
constituents, the Environmental Protection Agency, States (as defined in
section 2710 of this title), and tribal governments. If established, the
panel shall report annually to Congress on progress made by the
Department of Defense to address unexploded ordnance, discarded military
munitions, or munitions constituents at defense sites and make such
recommendations as the panel considers appropriate.''.
SEC. 313. AUTHORITY TO CARRY OUT CONSTRUCTION PROJECTS FOR ENVIRONMENTAL
RESPONSES.
(a) Restatement and Modification of Authority.--Chapter 160 of title
10, United States Code, is amended--
(1) by redesignating section 2707 as section 2700 and
transferring such section to appear immediately after the table
of sections at the beginning of such chapter; and
(2) by inserting after section 2706 the following new
section 2707:
``Sec. 2707. Environmental restoration projects for environmental
responses
``(a) Environmental Restoration Projects Authorized.--The Secretary
of Defense or the Secretary of a military department may carry out an
environmental restoration project if that Secretary determines that the
project is necessary to carry out a response under this chapter or
CERCLA.
``(b) Treatment of Project.--Any construction, development,
conversion, or extension of a structure, and any installation of
equipment, that is included in an environmental restoration project
under this section may not be considered military construction (as that
term is defined in section 2801(a) of this title).
``(c) Source of Funds.--Funds authorized for deposit in an account
established by section 2703(a) of this title shall be the only source of
funds to conduct an environmental restoration project under this
section.
``(d) Environmental Restoration Project Defined.--In this section,
the term `environmental restoration project' includes any construction,
development, conversion, or extension of a structure, or installation of
equipment, in direct support of a response.''.
(b) Repeal of Superseded Provision.--Section 2810 of such title is
repealed.
(c) Conforming Amendments.--Chapter 160 of such title is further
amended--
(1) in section 2700 (as redesignated by subsection (a))--
[[Page 116 STAT. 2508]]
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(B) by inserting after ``In this chapter:'' the
following new paragraph:
``(1) The term `CERCLA' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).''; and
(2) in section 2701(a)(2), by striking ``the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(hereinafter in this chapter referred to as `CERCLA') (42 U.S.C.
9601 et seq.)'' and inserting ``CERCLA''.
(d) Clerical Amendments.--(1) The table of sections at the beginning
of chapter 160 of such title is amended--
(A) by inserting before the item relating to section 2701
the following new item:
``2700. Definitions.'';
and
(B) by striking the item relating to section 2707 and
inserting the following new item:
``2707. Environmental restoration projects for environmental
responses.''.
(2) The table of sections at the beginning of chapter 169 of such
title is amended by striking the item relating to section 2810.
SEC. 314. <<NOTE: 10 USC 2302 note.>> PROCUREMENT OF ENVIRONMENTALLY
PREFERABLE PROCUREMENT ITEMS.
(a) Tracking System.--The Secretary of Defense shall develop and
implement an effective and efficient tracking system to identify the
extent to which the Defense Logistics Agency procures environmentally
preferable procurement items or procurement items made with recovered
material. The system shall provide for the separate tracking, to the
maximum extent practicable, of the procurement of each category of
procurement items that, as of the date of the enactment of this Act, has
been determined to be environmentally preferable or made with recovered
material.
(b) Assessment of Training and Education.--The Secretary of Defense
shall assess the need to establish a program, or enhance existing
programs, for training and educating Department of Defense procurement
officials to ensure that they are aware of any Department requirements,
preferences, or goals for the procurement of environmentally preferable
procurement items or procurement items made with recovered material.
(c) Reporting <<NOTE: Deadlines.>> Requirement.--Not later than
March 1, 2004, and each March 1 thereafter through 2007, 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 detailing the results obtained from the tracking system developed
under subsection (a).
(d) Relation to Other Laws.--Nothing in this section shall be
construed to alter the requirements of the Solid Waste Disposal Act (40
U.S.C. 6901 et seq.).
(e) Definitions.--In this section:
(1) The term ``environmentally preferable'', in the case of
a procurement item, means that the item has a lesser or reduced
effect on human health and the environment when compared with
competing products that serve the same purpose.
[[Page 116 STAT. 2509]]
The comparison may consider raw materials acquisition,
production, manufacturing, packaging, distribution, reuse,
operation, maintenance, or disposal of the product.
(2) The terms ``procurement item'' and ``recovered
material'' have the meanings given such terms in section 1004 of
the Solid Waste Disposal Act (40 U.S.C. 6903).
SEC. 315. <<NOTE: 16 USC 703 note.>> INCIDENTAL TAKING OF MIGRATORY
BIRDS DURING MILITARY READINESS ACTIVITIES.
(a) Interim Authority for Incidental Takings.--During the period
described in subsection (c), section 2 of the Migratory Bird Treaty Act
(16 U.S.C. 703) shall not apply to the incidental taking of a migratory
bird by a member of the Armed Forces during a military readiness
activity authorized by the Secretary of Defense or the Secretary of the
military department concerned.
(b) Identification of Measures to Minimize Impact of Activities.--
During the periods described in subsections (c) and (d), the Secretary
of Defense shall, in consultation with the Secretary of the Interior,
identify measures--
(1) to minimize and mitigate, to the extent practicable, any
adverse impacts of authorized military readiness activities on
affected species of migratory birds; and
(2) to monitor the impacts of such military readiness
activities on affected species of migratory birds.
(c) Period <<NOTE: Federal Register, publication.>> of Application
for Interim Authority.--The period described in this subsection is the
period beginning on the date of the enactment of this Act and ending on
the date on which the Secretary of the Interior publishes in the Federal
Register a notice that--
(1) regulations authorizing the incidental taking of
migratory birds by members of the Armed Forces have been
prescribed in accordance with the requirements of subsection
(d);
(2) all legal challenges to the regulations and to the
manner of their promulgation (if any) have been exhausted as
provided in subsection (e); and
(3) the regulations have taken effect.
(d) Incidental <<NOTE: Deadline. Regulations.>> Takings After
Interim Period.--(1) Not later than the expiration of the one-year
period beginning on the date of the enactment of this Act, the Secretary
of the Interior shall exercise the authority of that Secretary under
section 3(a) of the Migratory Bird Treaty Act (16 U.S.C. 704(a)) to
prescribe regulations to exempt the Armed Forces for the incidental
taking of migratory birds during military readiness activities
authorized by the Secretary of Defense or the Secretary of the military
department concerned.
(2) The Secretary of the Interior shall exercise authority under
paragraph (1) with the concurrence of the Secretary of Defense.
(e) Limitation <<NOTE: Deadline.>> on Judicial Review.--An action
seeking judicial review of regulations prescribed pursuant to this
section or of the manner of their promulgation must be filed in the
appropriate Federal court by not later than the expiration of the 120-
day period beginning on the date on which such regulations are published
in the Federal Register. Upon the expiration of such period and the
exhaustion of any legal challenges to the regulations pursuant to any
action filed in such period, there shall be no further judicial review
of such regulations or of the manner of their promulgation.
[[Page 116 STAT. 2510]]
(f) Military Readiness Activity.--(1) In this section the term
``military readiness activity'' includes--
(A) all training and operations of the Armed Forces that
relate to combat; and
(B) the adequate and realistic testing of military
equipment, vehicles, weapons, and sensors for proper operation
and suitability for combat use.
(2) The term does not include--
(A) the routine operation of installation operating support
functions, such as administrative offices, military exchanges,
commissaries, water treatment facilities, storage facilities,
schools, housing, motor pools, laundries, morale, welfare, and
recreation activities, shops, and mess halls;
(B) the operation of industrial activities; or
(C) the construction or demolition of facilities used for a
purpose described in subparagraph (A) or (B).
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 321. AUTHORITY FOR EACH MILITARY DEPARTMENT TO PROVIDE BASE
OPERATING SUPPORT TO FISHER HOUSES.
Section 2493(f) of title 10, United States Code, is amended to read
as follows:
``(f) Base Operating Support.--The Secretary of a military
department may provide base operating support for Fisher Houses
associated with health care facilities of that military department.''.
SEC. 322. USE OF COMMISSARY STORES AND MWR RETAIL FACILITIES BY MEMBERS
OF NATIONAL GUARD SERVING IN NATIONAL EMERGENCY.
(a) Additional Basis for Authorized Use.--Section 1063a of title 10,
United States Code, is amended--
(1) in subsection (a), by inserting ``or national
emergency'' after ``federally declared disaster''; and
(2) in subsection (c), by adding at the end the following
new paragraph:
``(3) National emergency.--The term `national emergency'
means a national emergency declared by the President or
Congress.''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 1063a. Use of commissary stores and MWR retail facilities:
members of National Guard serving in federally
declared disaster or national emergency''.
(2) The table of sections at the beginning of chapter 54 of such
title is amended by striking the item relating to section 1063a and
inserting the following new item:
``1063a. Use of commissary stores and MWR retail facilities: members of
National Guard serving in federally declared disaster or
national emergency.''.
SEC. 323. UNIFORM FUNDING AND MANAGEMENT OF MORALE, WELFARE, AND
RECREATION PROGRAMS.
(a) In General.--Chapter 147 of title 10, United States Code, is
amended by adding at the end the following new section:
[[Page 116 STAT. 2511]]
``Sec. 2494. Uniform funding and management of morale, welfare, and
recreation programs
``(a) Authority <<NOTE: Regulations.>> for Uniform Funding and
Management.--Under regulations prescribed by the Secretary of Defense,
funds appropriated to the Department of Defense and available for
morale, welfare, and recreation programs may be treated as
nonappropriated funds and expended in accordance with laws applicable to
the expenditures of nonappropriated funds. When made available for
morale, welfare, and recreation programs under such regulations,
appropriated funds shall be considered to be nonappropriated funds for
all purposes and shall remain available until expended.
``(b) Conditions on Availability.--Funds appropriated to the
Department of Defense may be made available to support a morale,
welfare, or recreation program only if the program is authorized to
receive appropriated fund support and only in the amounts the program is
authorized to receive.
``(c) Conversion of Employment Positions.--(1) The Secretary of
Defense may identify positions of employees in morale, welfare, and
recreation programs within the Department of Defense who are paid with
appropriated funds whose status may be converted from the status of an
employee paid with appropriated funds to the status of an employee of a
nonappropriated fund instrumentality.
``(2) The status of an employee in a position identified by the
Secretary under paragraph (1) may, with the consent of the employee, be
converted to the status of an employee of a nonappropriated fund
instrumentality. An employee who does not consent to the conversion may
not be removed from the position because of the failure to provide such
consent.
``(3) The conversion of an employee from the status of an employee
paid by appropriated funds to the status of an employee of a
nonappropriated fund instrumentality shall be without a break in service
for the concerned employee. The conversion shall not entitle an employee
to severance pay, back pay or separation pay under subchapter IX of
chapter 55 of title 5, or be considered an involuntary separation or
other adverse personnel action entitling an employee to any right or
benefit under such title or any other provision of law or regulation.
``(4) In this subsection, the term `an employee of a nonappropriated
fund instrumentality' means an employee described in section 2105(c) of
title 5.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2494. Uniform funding and management of morale, welfare, and
recreation programs.''.
SEC. 324. REBATE AGREEMENTS UNDER THE SPECIAL SUPPLEMENTAL FOOD PROGRAM.
(a) Applicability to Navy Exchange Markets.--Paragraph (1)(A) of
section 1060a(e) of title 10, United States Code, is amended by
inserting ``or Navy Exchange Markets'' after ``commissary stores''.
(b) Increased Maximum Period of Agreement.--Paragraph (3) of such
section is amended by striking ``subsection may not exceed one year'' in
the first sentence and inserting ``subsection, including any period of
extension of the contract by modification
[[Page 116 STAT. 2512]]
of the contract, exercise of an option, or other cause, may not exceed
three years''.
Subtitle D--Workplace and Depot Issues
SEC. 331. NOTIFICATION REQUIREMENTS IN CONNECTION WITH REQUIRED STUDIES
FOR CONVERSION OF COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS TO
CONTRACTOR PERFORMANCE.
Subsection (c) of section 2461 of title 10, United States Code, is
amended to read as follows:
``(c) Submission <<NOTE: Reports.>> of Analysis Results.--(1) Upon
the completion of an analysis of a commercial or industrial type
function described in subsection (a) for possible change to performance
by the private sector, the Secretary of Defense shall submit to Congress
a report containing the results of the analysis, including the results
of the examinations required by subsection (b)(3).
``(2) The report shall also contain the following:
``(A) The date when the analysis of the function was
commenced.
``(B) The Secretary's certification that the Government
calculation of the cost of performance of the function by
Department of Defense civilian employees is based on an estimate
of the most cost effective manner for performance of the
function by Department of Defense civilian employees.
``(C) The number of Department of Defense civilian employees
who were performing the function when the analysis was commenced
and the number of such employees whose employment was or will be
terminated or otherwise affected by changing to performance of
the function by the private sector or by implementation of the
most efficient organization of the function.
``(D) The Secretary's certification that the factors
considered in the examinations performed under subsection
(b)(3), and in the making of the decision regarding changing to
performance of the function by the private sector or retaining
performance in the most efficient organization of the function,
did not include any predetermined personnel constraint or
limitation in terms of man years, end strength, full-time
equivalent positions, or maximum number of employees.
``(E) A statement of the potential economic effect of
implementing the decision regarding changing to performance of
the function by the private sector or retaining performance in
the most efficient organization of the function on each affected
local community, as determined in the examination under
subsection (b)(3)(B)(ii).
``(F) A schedule for completing the change to performance of
the function by the private sector or implementing the most
efficient organization of the function.
``(G) In the case of a commercial or industrial type
function performed at a Center of Industrial and Technical
Excellence designated under section 2474(a) of this title or an
Army ammunition plant, a description of the effect that the
manner of performance of the function, and administration of the
resulting contract if any, will have on the overhead costs of
the center or ammunition plant, as the case may be.
[[Page 116 STAT. 2513]]
``(H) The Secretary's certification that the entire analysis
is available for examination.
``(3)(A) If a decision is made to change the commercial or
industrial type function that was the subject of the analysis to
performance by the private sector, the change of the function to
contractor performance may not begin until after the submission of the
report required by paragraph (1).
``(B) Notwithstanding subparagraph (A), in the case of a commercial
or industrial type function performed at a Center of Industrial and
Technical Excellence designated under section 2474(a) of this title or
an Army ammunition plant, the change of the function to contractor
performance may not begin until at least 60 days after the submission of
the report.''.
SEC. 332. TEMPORARY AUTHORITY FOR CONTRACTOR PERFORMANCE OF SECURITY-
GUARD FUNCTIONS TO MEET INCREASED REQUIREMENTS SINCE
SEPTEMBER 11, 2001.
(a) Contract Authority.--The Secretary of Defense or the Secretary
of a military department may enter into a contract for any increased
performance of security-guard functions at a military installation or
facility under the jurisdiction of the Secretary undertaken in response
to the terrorist attacks on the United States on September 11, 2001, and
may waive the prohibition under section 2465(a) of title 10, United
States Code, with respect to such contract, if--
(1) without the contract, members of the Armed Forces are or
would be used to perform the increased security-guard functions;
and
(2) the Secretary concerned determines that--
(A) the recruiting and training standards for the
personnel who are to perform the security-guard
functions at the installation or facility under the
contract are comparable to the recruiting and training
standards for the personnel of the Department of Defense
who perform security-guard functions at military
installations and facilities under the jurisdiction of
the Secretary;
(B) the contractor personnel performing such
functions under the contract will be effectively
supervised, reviewed, and evaluated; and
(C) the performance of such functions by the
contractor personnel will not result in a reduction in
the security of the installation or facility.
(b) Increased Performance Defined.--In this section, the term
``increased performance'', with respect to security-guard functions at a
military installation or facility, means--
(1) in the case of an installation or facility where no
security-guard functions were performed as of September 10,
2001, the entire scope or extent of the performance of security-
guard functions at the installation or facility after such date;
and
(2) in the case of an installation or facility where
security-guard functions were performed within a lesser scope of
requirements or to a lesser extent as of September 10, 2001,
than after such date, the increment of the performance of
security-guard functions at the installation or facility that
exceeds such lesser scope of requirements or extent of
performance.
(c) Expiration of Authority.--The authority for contractor
performance of security-guard functions under this section shall
[[Page 116 STAT. 2514]]
terminate at the end of the three-year period beginning on the date of
the enactment of this Act. The term of any contract entered into using
the authority provided by this section may not extend beyond the end of
such period.
(d) Needs <<NOTE: Deadline.>> Assessment and Plan.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
Defense shall--
(1) identify any requirements for the performance of
security-guard functions at military installations and
facilities under the jurisdiction of the Secretary or the
Secretary of a military department that are expected to continue
for more than three years after the date of the enactment of
this Act and, in the absence of further action by the Secretary
or Congress, would otherwise be performed by members of the
Armed Forces; and
(2) submit to the congressional defense committees a plan
for meeting those requirements on a long-term basis.
SEC. 333. REPEAL OF OBSOLETE PROVISION REGARDING DEPOT-LEVEL MAINTENANCE
AND REPAIR WORKLOADS THAT WERE PERFORMED AT CLOSED OR
REALIGNED MILITARY INSTALLATIONS.
(a) Repeal.--Section 2469a of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 146 of such title is amended by striking the item relating to
section 2469a.
SEC. 334. EXCLUSION OF CERTAIN EXPENDITURES FROM LIMITATION ON PRIVATE
SECTOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE.
Section 2474(f) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``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''
and inserting ``Amounts expended for the performance of a depot-
level maintenance and repair workload by non-Federal Government
personnel at a Center of Industrial and Technical Excellence
under any contract entered into during fiscal years 2003 through
2006'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
Subtitle E--Defense Dependents Education
SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
2003.--Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$30,000,000 shall be available only for the purpose of providing
educational agencies assistance to local educational agencies.
[[Page 116 STAT. 2515]]
(b) Notification.--Not <<NOTE: Deadline.>> later than June 30, 2003,
the Secretary of Defense shall notify each local educational agency that
is eligible for educational agencies assistance for fiscal year 2003
of--
(1) that agency's eligibility for the assistance; and
(2) the amount of the assistance for which that agency is
eligible.
(c) Disbursement <<NOTE: Deadline.>> of Funds.--The Secretary of
Defense shall disburse funds made available under subsection (a) not
later than 30 days after the date on which notification to the eligible
local educational agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 342. HOUSING BENEFITS FOR UNACCOMPANIED TEACHERS REQUIRED TO LIVE
AT GUANTANAMO BAY NAVAL STATION, CUBA.
Section 7 of the Defense Department Overseas Teachers Pay and
Personnel Practices Act (20 U.S.C. 905) is amended by adding at the end
the following new subsection:
``(f)(1) A teacher assigned to teach at Guantanamo Bay Naval
Station, Cuba, who is not accompanied at such station by any dependent
shall be offered for lease any available military family housing at such
station that is suitable for occupancy by the teacher and is not needed
to house members of the armed forces and dependents accompanying them or
other civilian personnel and any dependents accompanying them.
``(2) For any period for which military family housing is leased
under paragraph (1) to a teacher described in such paragraph, the
teacher shall receive a quarters allowance in the amount determined
under subsection (b). The teacher is entitled to such quarters allowance
without regard to whether other Government furnished quarters are
available for occupancy by the teacher without charge to the teacher.''.
SEC. 343. OPTIONS FOR FUNDING DEPENDENT SUMMER SCHOOL PROGRAMS.
Section 1402(d)(2) of the Defense Dependents' Education Act of 1978
(20 U.S.C. 921(d)(2)) is amended to read as follows:
``(2) The Secretary shall provide any summer school program under
this subsection on the same financial basis as programs offered during
the regular school year, except that the Secretary may charge reasonable
fees for all or portions of such summer school programs to the extent
that the Secretary determines appropriate.''.
SEC. 344. IMPACT AID ELIGIBILITY FOR LOCAL EDUCATIONAL AGENCIES AFFECTED
BY PRIVATIZATION OF MILITARY HOUSING.
Section 8003(b)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7703(b)(2)) is amended by adding at the end the
following:
[[Page 116 STAT. 2516]]
``(H) Eligibility for heavily impacted local
educational agencies affected by privatization of
military housing.--
``(i) Eligibility.--For any fiscal year
beginning with fiscal year 2003, a heavily
impacted local educational agency that received a
basic support payment under subparagraph (A) for
the prior fiscal year, but is ineligible for such
payment for the current fiscal year under
subparagraph (B) or (C), as the case may be, by
reason of the conversion of military housing units
to private housing described in clause (iii),
shall be deemed to meet the eligibility
requirements under subparagraph (B) or (C), as the
case may be, for the period during which the
housing units are undergoing such conversion.
``(ii) Amount of payment.--The amount of a
payment to a heavily impacted local educational
agency for a fiscal year by reason of the
application of clause (i), and calculated in
accordance with subparagraph (D) or (E) (as the
case may be), shall be based on the number of
children in average daily attendance in the
schools of such agency for the fiscal year.
``(iii) Conversion of military housing units
to private housing described.--For purposes of
clause (i), `conversion of military housing units
to private housing' means the conversion of
military housing units to private housing units
pursuant to subchapter IV of chapter 169 of title
10, United States Code, or pursuant to any other
related provision of law.''.
SEC. 345. COMPTROLLER GENERAL STUDY OF ADEQUACY OF COMPENSATION PROVIDED
FOR TEACHERS IN THE DEPARTMENT OF DEFENSE OVERSEAS
DEPENDENTS' SCHOOLS.
(a) Additional Consideration for Study.--Subsection (b) of section
354 of the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 115 Stat. 1064) is amended by inserting after
paragraph (2) the following new paragraph:
``(3) Whether the process for setting teacher compensation
is efficient and cost effective.''.
(b) Extension of Time for Reporting.--Subsection (c) of such section
is amended by striking ``May 1, 2002'' and inserting ``December 12,
2002''.
Subtitle F--Information Technology
SEC. 351. <<NOTE: 10 USC 221 note.>> ANNUAL SUBMISSION OF INFORMATION
REGARDING INFORMATION TECHNOLOGY CAPITAL ASSETS.
(a) Requirement <<NOTE: Deadline.>> To Submit Information.--Not
later than 30 days after the date on which the President submits the
budget for a fiscal year to Congress pursuant to section 1105 of title
31, United States Code, the Secretary of Defense shall submit to
Congress information on the following information technology capital
assets, including information technology capital assets that are a
national security system, of the Department of Defense:
[[Page 116 STAT. 2517]]
(1) Information technology capital assets not covered by
paragraph (2) that have an estimated total cost for the fiscal
year for which the budget is submitted in excess of $10,000,000.
(2) Information technology capital assets that have an
estimated total cost for the fiscal year for which the budget is
submitted in excess of $30,000,000 and an estimated total life
cycle cost (as computed in fiscal year 2003 constant dollars) in
excess of $120,000,000.
(b) Required Information For Low-Threshold Assets.--With respect to
each information technology capital asset described in subsection
(a)(1), the Secretary of Defense shall include the following
information:
(1) The name of the information technology capital asset.
(2) The function of the asset.
(3) The total cost of the asset for the fiscal year for
which the budget is submitted, the current fiscal year, and the
preceding fiscal year.
(c) Required Information For High-Threshold Assets.--With respect to
each information technology capital asset described in subsection
(a)(2), the Secretary of Defense shall include the following
information:
(1) The name and identifying acronym of the information
technology capital asset.
(2) The date of initiation of the asset.
(3) A summary of performance measurements and metrics.
(4) The total amount of funds, by appropriation account,
appropriated and obligated for prior fiscal years, with a
specific breakout of such information for the two preceding
fiscal years.
(5) The funds, by appropriation account, requested for the
next fiscal year.
(6) The name of each prime contractor and the work to be
performed.
(7) Program management and management oversight information.
(8) The original baseline cost and most current baseline
information.
(9) Information regarding compliance with the provisions of
law enacted or amended by the Government Performance Results Act
of 1993 (Public Law 103-62; 107 Stat. 285) and the Clinger-Cohen
Act of 1996 (divisions D and E of Public Law 104-106; 110 Stat.
642).
(d) Total Cost Determinations.--In estimating the total cost for a
fiscal year or total life cycle cost of an information technology
capital asset, the Secretary of Defense shall consider research and
development costs, procurement costs, and operation and maintenance
costs related to the information technology capital asset.
(e) Definitions.--In this section:
(1) The term ``information technology'' has the meaning
given that term in section 11101 of title 40, United States
Code.
(2) The term ``capital asset'' has the meaning given that
term in Office of Management and Budget Circular A-11.
(3) The term ``national security system'' has the meaning
given that term in section 11103 of title 40, United States
Code.
[[Page 116 STAT. 2518]]
SEC. 352. <<NOTE: 10 USC 2302 note.>> POLICY REGARDING ACQUISITION OF
INFORMATION ASSURANCE AND INFORMATION ASSURANCE-ENABLED
INFORMATION TECHNOLOGY PRODUCTS.
(a) Establishment of Policy.--The Secretary of Defense shall
establish a policy to limit the acquisition of information assurance and
information assurance-enabled information technology products to those
products that have been evaluated and validated in accordance with
appropriate criteria, schemes, or programs.
(b) Waiver.--As part of the policy, the Secretary of Defense shall
authorize specified officials of the Department of Defense to waive the
limitations of the policy upon a determination in writing that
application of the limitations to the acquisition of a particular
information assurance or information assurance-enabled information
technology product would not be in the national security interest of the
United States.
(c) Implementation.--The Secretary of Defense shall ensure that the
policy is uniformly implemented throughout the Department of Defense.
SEC. 353. INSTALLATION AND CONNECTION POLICY AND PROCEDURES REGARDING
DEFENSE SWITCH NETWORK.
(a) Establishment <<NOTE: Deadline.>> of Policy and Procedures.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall establish clear and uniform policy and
procedures, applicable to the military departments and Defense Agencies,
regarding the installation and connection of telecom switches to the
Defense Switch Network.
(b) Elements of Policy and Procedures.--The policy and procedures
shall address at a minimum the following:
(1) Clear interoperability and compatibility requirements
for procuring, certifying, installing, and connecting telecom
switches to the Defense Switch Network.
(2) Current, complete, and enforceable testing, validation,
and certification procedures needed to ensure the
interoperability and compatibility requirements are satisfied.
(c) Exceptions.--(1) The Secretary of Defense may specify certain
circumstances in which--
(A) the requirements for testing, validation, and
certification of telecom switches may be waived; or
(B) interim authority for the installation and connection of
telecom switches to the Defense Switch Network may be granted.
(2) Only the Assistant Secretary of Defense for Command, Control,
Communications, and Intelligence may approve a waiver or grant of
interim authority under paragraph (1). The authority to approve such a
waiver or grant of interim authority may not be delegated.
(3) The Assistant Secretary of Defense for Command, Control,
Communications, and Intelligence shall consult with the Chairman of the
Joint Chiefs of Staff before approving a waiver or grant of interim
authority under paragraph (1).
(d) Inventory of Defense Switch Network.--The Secretary of Defense
shall prepare and maintain an inventory of all telecom switches that, as
of the date on which the Secretary issues the policy and procedures--
(1) are installed or connected to the Defense Switch
Network; but
[[Page 116 STAT. 2519]]
(2) have not been tested, validated, and certified by the
Defense Information Systems Agency (Joint Interoperability Test
Center).
(e) Interoperability Risks.--On an ongoing basis, the Secretary of
Defense shall--
(1) identify and assess the interoperability risks that are
associated with the installation or connection of uncertified
switches to the Defense Switch Network and the maintenance of
such switches on the Defense Switch Network; and
(2) develop and implement a plan to eliminate or mitigate
such risks as identified.
(f) Telecom Switch Defined.--In this section, the term ``telecom
switch'' means hardware or software designed to send and receive voice,
data, or video signals across a network that provides customer voice,
data, or video equipment access to the Defense Switch Network or public
switched telecommunications networks.
Subtitle G--Other Matters
SEC. 361. DISTRIBUTION OF MONTHLY REPORTS ON ALLOCATION OF FUNDS WITHIN
OPERATION AND MAINTENANCE BUDGET SUBACTIVITIES.
(a) Designation of Recipients.--Subsection (a) of section 228 of
title 10, United States Code, is amended by striking ``to Congress'' and
inserting ``to the congressional defense committees''.
(b) Congressional Defense Committees Defined.--Subsection (e) of
such section is amended--
(1) by striking ``(e) O&M Budget Activity Defined.--For
purposes of this section, the'' and inserting the following:
``(e) Definitions.--In this section:
``(1) The''; and
(2) by adding at the end the following new paragraph:
``(2) The term `congressional defense committees' means the
Committee on Armed Services and the Committee on Appropriations
of the Senate and the Committee on Armed Services and the
Committee on Appropriations of the House of Representatives.''.
SEC. 362. CONTINUATION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
(a) Extension Through Fiscal Year 2004.--Subsection (a) of section
343 of the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-
65) <<NOTE: 10 USC 4551 note.>> is amended by striking ``and 2002'' and
inserting ``through 2004''.
(b) Reporting Requirements.--Subsection (g) of such section is
amended--
(1) in paragraph (1), by striking ``2002'' and inserting
``2004''; and
(2) in paragraph (2), by striking the first sentence and
inserting the following new sentence:
``Not <<NOTE: Deadline. Reports.>> later than July 1, 2003, the
Secretary of the Army shall submit to the congressional defense
committees a report on the results of the demonstration program
since its implementation, including the Secretary's views
regarding the benefits of the program for Army
[[Page 116 STAT. 2520]]
manufacturing arsenals and the Department of the Army and the
success of the program in achieving the purposes specified in
subsection (b).''.
SEC. 363. EXTENSION OF WORK SAFETY DEMONSTRATION PROGRAM.
(a) Extension.--Section 1112 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-313) <<NOTE: 10 USC 113 note.>> is
amended--
(1) in subsection (d), by striking ``September 30, 2002''
and inserting ``September 30, 2003''; and
(2) in subsection (e)(2), by striking ``December 1, 2002''
and inserting ``December 1, 2003''.
(b) Revision of Reporting Requirements.--Subsection (e)(2) of such
section is further amended by striking ``fiscal year 2002'' both places
it appears and inserting ``fiscal years 2002 and 2003''.
SEC. 364. CONDITION ON AUTHORITY OF DEFENSE SECURITY SERVICE TO IMPOSE
FEES ON FEE-FOR-SERVICE BASIS.
The Secretary of Defense may not authorize the Defense Security
Service to impose fees on a fee-for-service basis for the investigative
services provided by the Defense Security Service unless the Secretary
certifies in advance to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the Senate that
the Defense Security Service has the financial systems in place to
determine accurately the cost of such services.
SEC. 365. <<NOTE: 10 USC 2302 note.>> LOGISTICS SUPPORT AND SERVICES FOR
WEAPON SYSTEMS CONTRACTORS.
(a) Authority.--The Secretary of Defense may make available
logistics support and logistics services to a contractor in support of
the performance by the contractor of a contract for the construction,
modification, or maintenance of a weapon system that is entered into by
an official of the Department of Defense.
(b) Support Contracts.--Any logistics support and logistics services
to be provided under this section to a contractor in support of the
performance of a contract described in subsection (a) shall be provided
under a separate contract that is entered into by the Director of the
Defense Logistics Agency with that contractor. The
requirements <<NOTE: Applicability.>> of section 2208(h) of title 10,
United States Code, and the regulations prescribed pursuant to such
section shall apply to the contract between the Director of the Defense
Logistics Agency and the contractor.
(c) Scope of Support and Services.--The logistics support and
logistics services that may be provided under this section in support of
the performance of a contract described in subsection (a) are the
distribution, disposal, and cataloging of materiel and repair parts
necessary for the performance of that contract.
(d) Limitations.--(1) The number of contracts described in
subsection (a) for which the Secretary of Defense makes logistics
support and logistics services available under the authority of this
section may not exceed five contracts. The total amount of the estimated
costs of all such contracts for which logistics support and logistics
services are made available under this section may not exceed
$100,000,000.
(2) No contract entered into by the Director of the Defense
Logistics Agency under subsection (b) may be for a period in excess
[[Page 116 STAT. 2521]]
of five years, including periods for which the contract is extended
under options to extend the contract.
(e) Regulations.--Before exercising the authority under this
section, the Secretary of Defense shall prescribe in regulations such
requirements, conditions, and restrictions as the Secretary determines
appropriate to ensure that logistics support and logistics services are
provided under this section only when it is in the best interests of the
United States to do so. The regulations shall include, at a minimum, the
following:
(1) A requirement for the authority under this section to be
used only for providing logistics support and logistics services
in support of the performance of a contract that is entered into
using competitive procedures (as defined in section 4 of the
Office of Federal Procurement Policy Act (41 U.S.C. 403)).
(2) A requirement for the solicitation of offers for a
contract described in subsection (a), for which logistics
support and logistics services are to be made available under
this section, to include--
(A) a statement that the logistics support and
logistics services are to be made available under the
authority of this section to any contractor awarded the
contract, but only on a basis that does not require
acceptance of the support and services; and
(B) a description of the range of the logistics
support and logistics services that are to be made
available to the contractor.
(3) A requirement for the rates charged a contractor for
logistics support and logistics services provided to a
contractor under this section to reflect the full cost to the
United States of the resources used in providing the support and
services, including the costs of resources used, but not paid
for, by the Department of Defense.
(4) With respect to a contract described in subsection (a)
that is being performed for a department or agency outside the
Department of Defense, a prohibition, in accordance with
applicable contracting procedures, on the imposition of any
charge on that department or agency for any effort of Department
of Defense personnel or the contractor to correct deficiencies
in the performance of such contract.
(5) A prohibition on the imposition of any charge on a
contractor for any effort of the contractor to correct a
deficiency in the performance of logistics support and logistics
services provided to the contractor under this section.
(f) Relationship to Treaty Obligations.--The Secretary shall ensure
that the exercise of authority under this section does not conflict with
any obligation of the United States under any treaty or other
international agreement.
(g) Termination of Authority.--(1) The authority provided in this
section shall expire on September 30, 2007.
(2) The expiration of the authority under this section does not
terminate--
(A) any contract that was entered into by the Director of
the Defense Logistics Agency under subsection (b) before the
date specified in paragraph (1) or any obligation to provide
logistics support and logistics services under that contract; or
[[Page 116 STAT. 2522]]
(B) any authority to enter into a contract described in
subsection (a) for which a solicitation of offers was issued in
accordance with the regulations prescribed pursuant to
subsection (e)(2) before the date specified in paragraph (1) or
to provide logistics support and logistics services to the
contractor with respect to that contract in accordance with this
section.
SEC. 366. <<NOTE: 10 USC 113 note.>> TRAINING RANGE SUSTAINMENT PLAN,
GLOBAL STATUS OF RESOURCES AND TRAINING SYSTEM, AND TRAINING
RANGE INVENTORY.
(a) Plan Required.--(1) The Secretary of Defense shall develop a
comprehensive plan for using existing authorities available to the
Secretary of Defense and the Secretaries of the military departments to
address training constraints caused by limitations on the use of
military lands, marine areas, and airspace that are available in the
United States and overseas for training of the Armed Forces.
(2) As part of the preparation of the plan, the Secretary of Defense
shall conduct the following:
(A) An assessment of current and future training range
requirements of the Armed Forces.
(B) An evaluation of the adequacy of current Department of
Defense resources (including virtual and constructive training
assets as well as military lands, marine areas, and airspace
available in the United States and overseas) to meet those
current and future training range requirements.
(3) The plan shall include the following:
(A) Proposals to enhance training range capabilities and
address any shortfalls in current Department of Defense
resources identified pursuant to the assessment and evaluation
conducted under paragraph (2).
(B) Goals and milestones for tracking planned actions and
measuring progress.
(C) Projected funding requirements for implementing planned
actions.
(D) Designation of an office in the Office of the Secretary
of Defense and in each of the military departments that will
have lead responsibility for overseeing implementation of the
plan.
(4) <<NOTE: Reports.>> At the same time as the President submits to
Congress the budget for fiscal year 2004, the Secretary of Defense shall
submit to Congress a report describing the progress made in implementing
this subsection, including--
(A) the plan developed under paragraph (1);
(B) the results of the assessment and evaluation conducted
under paragraph (2); and
(C) any recommendations that the Secretary may have for
legislative or regulatory changes to address training
constraints identified pursuant to this section.
(5) <<NOTE: Reports.>> At the same time as the President submits to
Congress the budget for each of fiscal years 2005 through 2008, the
Secretary shall submit to Congress a report describing the progress made
in implementing the plan and any additional actions taken, or to be
taken, to address training constraints caused by limitations on the use
of military lands, marine areas, and airspace.
[[Page 116 STAT. 2523]]
(b) Readiness <<NOTE: Deadline.>> Reporting Improvement.--Not later
than June 30, 2003, the Secretary of Defense, using existing measures
within the authority of the Secretary, shall submit to Congress a report
on the plans of the Department of Defense to improve the Global Status
of Resources and Training System to reflect the readiness impact that
training constraints caused by limitations on the use of military lands,
marine areas, and airspace have on specific units of the Armed Forces.
(c) Training Range Inventory.--(1) The Secretary of Defense shall
develop and maintain a training range inventory for each of the Armed
Forces--
(A) to identify all available operational training ranges;
(B) to identify all training capacities and capabilities
available at each training range; and
(C) to identify training constraints caused by limitations
on the use of military lands, marine areas, and airspace at each
training range.
(2) The Secretary of Defense shall submit an initial inventory to
Congress at the same time as the President submits the budget for fiscal
year 2004 and shall submit an updated inventory to Congress at the same
time as the President submits the budget for fiscal years 2005 through
2008.
(d) GAO Evaluation.--The Secretary of Defense shall transmit copies
of each report required by subsections (a) and (b) to the Comptroller
General. Within <<NOTE: Deadline.>> 60 days after receiving a report,
the Comptroller General shall submit to Congress an evaluation of the
report.
(e) Armed Forces Defined.--In this section, the term ``Armed
Forces'' means the Army, Navy, Air Force, and Marine Corps.
SEC. 367. ENGINEERING STUDY AND ENVIRONMENTAL ANALYSIS OF ROAD
MODIFICATIONS IN VICINITY OF FORT BELVOIR, VIRGINIA.
(a) Study and Analysis.--(1) The Secretary of the Army shall conduct
a preliminary engineering study and environmental analysis to evaluate
the feasibility of establishing a connector road between Richmond
Highway (United States Route 1) and Telegraph Road in order to provide
an alternative to Beulah Road (State Route 613) and Woodlawn Road (State
Route 618) at Fort Belvoir, Virginia, which were closed as a force
protection measure.
(2) It is the sense of Congress that the study and analysis should
consider as one alternative the extension of Old Mill Road between
Richmond Highway and Telegraph Road.
(b) Consultation.--The study required by subsection (a) shall be
conducted in consultation with the Department of Transportation of the
Commonwealth of Virginia and Fairfax County, Virginia.
(c) Report.--The Secretary shall submit to Congress a summary report
on the study and analysis required by subsection (a). The summary report
shall be submitted together with the budget justification materials in
support of the budget of the President for fiscal year 2006 that is
submitted to Congress under section 1105(a) of title 31, United States
Code.
(d) Funding.--Of the amount authorized to be appropriated by section
301(a)(1) for the Army for operation and maintenance, $5,000,000 may be
made available for the study and analysis required by subsection (a).
[[Page 116 STAT. 2524]]
SEC. 368. REAUTHORIZATION OF WARRANTY CLAIMS RECOVERY PILOT PROGRAM.
Section 391 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 2304 note), as amended by
section 364 of Public Law 107-107 (115 Stat. 1068), is further amended--
(1) in subsection (f), by striking ``September 30, 2003''
and inserting ``September 30, 2004''; and
(2) by striking subsection (g).
SEC. 369. EXPANDED ELIGIBILITY FOR LOAN, GIFT, OR EXCHANGE OF DOCUMENTS,
HISTORICAL ARTIFACTS, AND CONDEMNED OR OBSOLETE COMBAT
MATERIEL.
Section 2572(a)(3) of title 10, United States Code, is amended by
inserting before the period the following: ``or a nonprofit military
aviation heritage foundation or association incorporated in a State''.
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. Expanded authority for administrative increases in statutory
active-duty end strengths.
Sec. 404. General and flag officer management.
Sec. 405. Extension of certain authorities relating to management of
numbers of general and flag officers in certain grades.
Sec. 406. Increase in authorized strengths for Marine Corps officers on
active duty in the grade of colonel.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2003 limitation on non-dual status technicians.
Subtitle C--Authorization of Appropriations
Sec. 421. 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, 2003, as follows:
(1) The Army, 480,000.
(2) The Navy, 375,700.
(3) The Marine Corps, 175,000.
(4) The Air Force, 359,000.
SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.
(a) Revised End Strength Floors.--Subsection (b) of section 691 of
title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``376,000'' and inserting
``375,700'';
(2) in paragraph (3), by striking ``172,600'' and inserting
``175,000''; and
(3) in paragraph (4), by striking ``358,800'' and inserting
``359,000''.
[[Page 116 STAT. 2525]]
(b) Repeal of Secretary of Defense Flexibility Authority.--
Subsection (e) of such section is repealed.
SEC. 403. EXPANDED AUTHORITY FOR ADMINISTRATIVE INCREASES IN STATUTORY
ACTIVE-DUTY END STRENGTHS.
(a) Secretary of Defense Authority.--Subsection (c)(1) of section
115 of title 10, United States Code, is amended by striking ``2
percent'' and inserting ``3 percent''.
(b) Service Secretary Authority.--Such section is further amended by
inserting after subsection (e) the following new subsection:
``(f) Upon determination by the Secretary of a military department
that such action would enhance manning and readiness in essential units
or in critical specialties or ratings, the Secretary may increase the
end strength authorized pursuant to subsection (a)(1)(A) for a fiscal
year for the armed force under the jurisdiction of that Secretary or, in
the case of the Secretary of the Navy, for any of the armed forces under
the jurisdiction of that Secretary. Any such increase for a fiscal
year--
``(1) shall be by a number equal to not more than 2 percent
of such authorized end strength; and
``(2) shall be counted as part of the increase for that
armed force for that fiscal year authorized under subsection
(c)(1).''.
SEC. 404. GENERAL AND FLAG OFFICER MANAGEMENT.
(a) Exclusion of Senior Military Assistant to the Secretary of
Defense from Limitation on Active Duty Officers in Grades Above Major
General and Rear <<NOTE: Effective date.>> Admiral.--Effective on the
date specified in subsection (d), section 525(b) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(8) An officer while serving in a position designated by the
Secretary of Defense as Senior Military Assistant to the Secretary of
Defense, if serving in the grade of lieutenant general or vice admiral,
is in addition to the number that otherwise would be permitted for that
officer's armed force for that grade under paragraph (1) or (2). Only
one officer may be designated as Senior Military Assistant to the
Secretary of Defense for purposes of this paragraph.''.
(b) Increase in Number of Lieutenant Generals Authorized for the
Marine Corps.--Paragraph (2)(B) of such section is amended by striking
``16.2 percent'' and inserting ``17.5 percent''.
(c) Review <<NOTE: 10 USC 525 note.>> of Active Duty and Reserve
General and Flag Officer Authorizations.--(1)
The <<NOTE: Reports.>> Secretary of Defense shall submit to Congress a
report containing any recommendations of the Secretary (together with
the rationale of the Secretary for the recommendations) concerning the
following:
(A) Revision of the limitations on general and flag officer
grade authorizations and distribution in grade prescribed by
sections 525, 526, and 12004 of title 10, United States Code.
(B) Statutory designation of the positions and grades of any
additional general and flag officers in the commands specified
in chapter 1006 of title 10, United States Code, and the reserve
component offices specified in sections 3038, 5143, 5144, and
8038 of such title.
(2) <<NOTE: Applicability.>> The provisions of subsection (b)
through (e) of section 1213 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2694) shall apply to
the report
[[Page 116 STAT. 2526]]
under paragraph (1) in the same manner as they applied to the report
required by subsection (a) of that section.
(d) Effective <<NOTE: 10 USC 525 note.>> Date.--The amendment made
by subsection (a) shall take effect on the date of the receipt by
Congress of the report required by subsection (c).
SEC. 405. EXTENSION OF CERTAIN AUTHORITIES RELATING TO MANAGEMENT OF
NUMBERS OF GENERAL AND FLAG OFFICERS IN CERTAIN GRADES.
(a) Senior Joint Officer Positions.--Section 604(c) of title 10,
United States Code, is amended by striking ``September 30, 2003'' and
inserting ``December 31, 2004''.
(b) Distribution of Officers on Active Duty in General and Flag
Officer Grades.--Section 525(b)(5)(C) of such title is amended by
striking ``September 30, 2003'' and inserting ``December 31, 2004''.
(c) Authorized Strength for General and Flag Officers on Active
Duty.--Section 526(b)(3) of such title is amended by striking ``October
1, 2002'' and inserting ``December 31, 2004''.
SEC. 406. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS OFFICERS ON
ACTIVE DUTY IN THE GRADE OF COLONEL.
The table in section 523(a)(1) of title 10, United States Code, is
amended by striking the figures under the heading ``Colonel'' in the
portion of the table relating to the Marine Corps and inserting the
following:
``571
632
653
673
694
715
735''.
Subtitle B--Reserve Forces
SEC. 411. <<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,
2003, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 87,800.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States, 106,600.
(6) The Air Force Reserve, 75,600.
(7) The Coast Guard Reserve, 9,000.
(b) Adjustments.--The end strengths prescribed by subsection (a) for
the Selected Reserve of any reserve component shall be proportionately
reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training
[[Page 116 STAT. 2527]]
or for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. <<NOTE: 10 USC 12001 note.>> END STRENGTHS FOR RESERVES ON
ACTIVE DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2003,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 24,562.
(2) The Army Reserve, 14,070.
(3) The Naval Reserve, 14,572.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,727.
(6) The Air Force Reserve, 1,498.
SEC. 413. <<NOTE: 10 USC 115 note.>> END STRENGTHS FOR MILITARY
TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2003 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army National Guard of the United States,
24,102.
(2) For the Army Reserve, 6,599.
(3) For the Air National Guard of the United States, 22,495.
(4) For the Air Force Reserve, 9,911.
SEC. 414. FISCAL YEAR 2003 LIMITATION ON NON-DUAL STATUS TECHNICIANS.
(a) Army.--The number of non-dual status technicians employed by the
reserve components of the Army as of September 30, 2003, may not exceed
the following:
(1) For the Army Reserve, 995.
(2) For the Army National Guard of the United States, 1,600,
to be counted within the limitation specified in section
10217(c)(2) of title 10, United States Code.
(b) Air Force.--The number of non-dual status technicians employed
by the reserve components of the Army and the Air Force as of September
30, 2003, may not exceed the following:
(1) For the Air Force Reserve, 90.
(2) For the Air National Guard of the United States, 350, to
be counted within the limitation specified in section
10217(c)(2) of title 10, United States Code.
(c) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
(d) Technical Amendments.--Section 10217(c)(2) of title 10, United
States Code, is amended--
[[Page 116 STAT. 2528]]
(1) in the first sentence, by striking ``Effective October
1, 2002, the'' and inserting ``The''; and
(2) in the second sentence, by striking ``after the
preceding sentence takes effect''.
Subtitle C--Authorization of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2003 a total of
$93,829,525,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2003.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Extension of good-of-the-service waiver authority for officers
appointed to a Reserve Chief or Guard Director position.
Sec. 502. Exclusion of certain officers from limitation on authority to
grant a waiver of required completion or sequencing for joint
professional military education.
Sec. 503. Extension and codification of authority for recall of retired
aviators to active duty.
Sec. 504. Grades for certain positions.
Sec. 505. Reinstatement of authority to reduce three-year time-in-grade
requirement for retirement in grade for officers in grades
above major and lieutenant commander.
Sec. 506. Authority to require that an officer take leave pending review
of a recommendation for removal by a board of inquiry.
Subtitle B--Reserve Component Management
Sec. 511. Reviews of National Guard strength accounting and management
and other issues.
Sec. 512. Courts-martial for the National Guard when not in Federal
service.
Sec. 513. Fiscal year 2003 funding for military personnel costs of
reserve component Special Operations Forces personnel engaged
in humanitarian assistance activities relating to clearing of
landmines.
Sec. 514. Use of Reserves to perform duties relating to defense against
terrorism.
Sec. 515. Repeal of prohibition on use of Air Force Reserve AGR
personnel for Air Force base security functions.
Subtitle C--Reserve Component Officer Personnel Policy
Sec. 521. Eligibility for consideration for promotion to grade of major
general for certain reserve component brigadier generals who
do not otherwise qualify for consideration for promotion
under the one-year rule.
Sec. 522. Authority for limited extension of medical deferment of
mandatory retirement or separation of reserve component
officers.
Subtitle D--Enlistment, Education, and Training Programs
Sec. 531. Enlistment incentives for pursuit of skills to facilitate
national service.
Sec. 532. Authority for phased increase to 4,400 in authorized strengths
for the service academies.
Sec. 533. Enhancement of reserve component delayed training program.
Sec. 534. Review of Armed Forces programs for preparation for,
participation in, and conduct of athletic competitions.
Sec. 535. Repeal of bar to eligibility of Army College First program
participants for benefits under student loan repayment
program.
[[Page 116 STAT. 2529]]
Subtitle E--Decorations, Awards, and Commendations
Sec. 541. Waiver of time limitations for award of Army Distinguished-
Service Cross to certain persons.
Sec. 542. Option to convert award of Armed Forces Expeditionary Medal
awarded for Operation Frequent Wind to Vietnam Service Medal.
Sec. 543 . Korea Defense Service Medal.
Sec. 544 . Commendation of military chaplains.
Subtitle F--Administrative Matters
Sec. 551. Staffing and funding for Defense Prisoner of War/Missing
Personnel Office.
Sec. 552. Three-year freeze on reductions of personnel of agencies
responsible for review and correction of military records.
Sec. 553. Authority for acceptance of voluntary services of individuals
as proctors for administration of Armed Services Vocational
Aptitude Battery test.
Sec. 554. Extension of temporary early retirement authority.
Subtitle G--Matters Relating to Minorities and Women in the Armed Forces
Sec. 561. Surveys of racial and ethnic issues and of gender issues in
the Armed Forces.
Sec. 562. Annual report on status of female members of the Armed Forces.
Sec. 563. Wear of abayas by female members of the Armed Forces in Saudi
Arabia.
Subtitle H--Benefits
Sec. 571. Department of Defense support for persons participating in
military funeral honors details.
Sec. 572. Emergency leave of absence program.
Sec. 573. Enhanced flexibility in medical loan repayment program.
Sec. 574. Destinations authorized for Government paid transportation of
enlisted personnel for rest and recuperation absence upon
extending duty at designated locations overseas.
Sec. 575. Vehicle storage in lieu of transportation when member is
ordered to a nonforeign duty station outside continental
United States.
Subtitle I--Reports
Sec. 581. Quadrennial quality of life review.
Sec. 582. Report on desirability and feasibility of consolidating
separate courses of basic instruction for judge advocates.
Sec. 583. Reports on efforts to resolve status of Captain Michael Scott
Speicher, United States Navy.
Sec. 584. Report on volunteer services of members of the reserve
components in emergency response to the terrorist attacks of
September 11, 2001.
Subtitle A--Officer Personnel Policy
SEC. 501. EXTENSION OF GOOD-OF-THE-SERVICE WAIVER AUTHORITY FOR OFFICERS
APPOINTED TO A RESERVE CHIEF OR GUARD DIRECTOR POSITION.
(a) Waiver of Requirement for Significant Joint Duty Experience.--
Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), 8038(b)(4), and
10506(a)(3)(D) of title 10, United States Code, are each amended by
striking ``October 1, 2003'' and inserting ``December 31, 2004''.
(b) Report on Future Implementation of Requirement.--Not
later <<NOTE: Deadline.>> than May 1, 2003, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report--
(1) setting forth the steps that have been taken by the
Secretary, the Secretaries of the military departments, and the
Chairman of the Joint Chiefs of Staff to ensure that Reserve and
National Guard officers receive significant joint duty
experience; and
(2) specifying the date by which no further extension of the
waiver authority under the sections amended by subsection (a)
will be required.
[[Page 116 STAT. 2530]]
SEC. 502. EXCLUSION OF CERTAIN OFFICERS FROM LIMITATION ON AUTHORITY TO
GRANT A WAIVER OF REQUIRED COMPLETION OR SEQUENCING FOR
JOINT PROFESSIONAL MILITARY EDUCATION.
(a) Exclusion <<NOTE: 10 USC 661 note.>> From Limitation.--There
shall be excluded from counting for purposes of the 10-percent
limitation set forth in the last sentence of section 661(c)(3)(D) of
title 10, United States Code (limiting the authority to grant waivers
related to sequencing or completion of program of joint professional
military education), any officer selected for the joint specialty who--
(1) on December 28, 2001, met the requirements of section
661(c) of such title for nomination for the joint specialty, but
who had not been nominated for that specialty before that date
by the Secretary of the military department concerned; and
(2) before the date of the enactment of this Act was
automatically nominated for the joint specialty as a result of
section 661(b)(2) of such title.
(b) Termination.--The provisions of subsection (a) shall terminate
on October 1, 2006.
(c) Cross-Reference Correction.--Section 661(c)(3)(E) of title 10,
United States Code, is amended by striking ``subparagraph'' and
inserting ``paragraph''.
SEC. 503. EXTENSION AND CODIFICATION OF AUTHORITY FOR RECALL OF RETIRED
AVIATORS TO ACTIVE DUTY.
(a) In General.--(1) Chapter 39 of title 10, United States Code, is
amended by inserting after section 688 the following new section:
``Sec. 688a. Retired aviators: temporary authority to order to active
duty
``(a) Authority.--The Secretary of a military department may order
to active duty a retired officer having expertise as an aviator to fill
staff positions normally filled by aviators on active duty. Any such
order may be made only with the consent of the officer ordered to active
duty and in accordance with an agreement between the Secretary and the
officer.
``(b) Duration.--The period of active duty of an officer under an
order to active duty under subsection (a) shall be specified in the
agreement entered into under that subsection.
``(c) Limitation.--No more than a total of 500 officers may be on
active duty at any time under subsection (a).
``(d) Relationship to Other Authority.--The authority to order a
retired officer to active duty under this section is in addition to the
authority under section 688 of this title or any other provision of law
authorizing the Secretary concerned to order a retired member to active
duty.
``(e) Inapplicability of Certain Provisions.--Officers ordered to
active duty under subsection (a) shall not be counted for purposes of
section 688 or 690 of this title.
``(f) Expiration of Authority.--An officer may not be ordered to
active duty under this section after September 30, 2008.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 688 the
following new item:
``688a. Retired aviators: temporary authority to order to active
duty.''.
[[Page 116 STAT. 2531]]
(b) Grade in Which Ordered to Active Duty and Upon Release From
Active Duty.--(1) Section 689 of such title is amended by inserting ``or
688a'' after ``section 688'' each place it appears.
(2) The <<NOTE: Applicability. 10 USC 689 note.>> provisions of
section 689(d) of title 10, United States Code, shall apply with respect
to an officer ordered to active duty under section 501 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 589) before the date of the enactment of this Act in the same
manner as such provisions apply to an officer ordered to active duty
under section 688 of such title.
(c) Transition <<NOTE: 10 USC 688a note.>> Provision.--Any officer
ordered to active duty under section 501 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
589) who continues on active duty under such order to active duty after
the date of the enactment of this Act shall be counted for purposes of
the limitation under subsection (c) of section 688a of title 10, United
States Code, as added by subsection (a).
SEC. 504. GRADES FOR CERTAIN POSITIONS.
(a) Heads of Nurse Corps.--(1) Section 3069(b) of title 10, United
States Code, is amended by striking ``brigadier general'' in the second
sentence and inserting ``major general''.
(2) The first sentence of section 5150(c) of such title is amended--
(A) by inserting ``rear admiral, in the case of an officer
in the Nurse Corps, or'' after ``for promotion to the grade
of''; and
(B) by inserting ``, in the case of an officer in the
Medical Service Corps'' after ``rear admiral (lower half)''.
(3) Section 8069(b) of such title is amended by striking ``brigadier
general'' in the second sentence and inserting ``major general''.
(b) Chief of Veterinary Corps of the Army.--(1) Chapter 307 of such
title is amended by adding at the end the following new section:
``Sec. 3084. Chief of Veterinary Corps; grade
``The Chief of the Veterinary Corps of the Army serves in the grade
of brigadier general. An officer appointed to that position who holds a
lower grade shall be appointed in the grade of brigadier general.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3084. Chief of Veterinary Corps: grade.''.
(c) Chief of Legislative Liaison of the Army.--(1)(A) Chapter 303 of
such title is amended by adding at the end the following new section:
``Sec. 3023. Chief of Legislative Liaison
``(a) There is a Chief of Legislative Liaison in the Department of
the Army. An officer assigned to that position shall be an officer in
the grade of major general.
``(b) The Chief of Legislative Liaison shall perform legislative
affairs functions as specified for the Office of the Secretary of the
Army by section 3014(c)(1)(F) of this title.''.
[[Page 116 STAT. 2532]]
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3023. Chief of Legislative Liaison.''.
(2) Section 3014(b) of such title is amended--
(A) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(B) by inserting after paragraph (5) the following new
paragraph (6):
``(6) The Chief of Legislative Liaison.''.
(d) Legislative Affairs Positions of the Navy and Marine Corps.--
(1)(A) Chapter 503 of such title is amended by adding at the end the
following new section:
``Sec. 5027. Chief of Legislative Affairs
``(a) There is a Chief of Legislative Affairs in the Department of
the Navy. An officer assigned to that position shall be an officer in
the grade of rear admiral.
``(b) The Chief of Legislative Affairs shall perform legislative
affairs functions as specified for the Office of the Secretary of the
Navy by section 5014(c)(1)(F) of this title.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``5027. Chief of Legislative Affairs.''.
(2) Section 5014(b) of such title is amended--
(A) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(B) by inserting after paragraph (5) the following new
paragraph (6):
``(6) The Chief of Legislative Affairs.''.
(3)(A) Chapter 506 of such title is amended by adding at the end the
following new section:
``Sec. 5047. Legislative Assistant to the Commandant
``There is in the Marine Corps a Legislative Assistant to the
Commandant. An officer assigned to that position shall be in a grade
above colonel.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``5047. Legislative Assistant to the Commandant.''.
(e) Chief of Legislative Liaison of the Air Force.--(1)(A) Chapter
803 of such title is amended by adding at the end the following new
section:
``Sec. 8023. Chief of Legislative Liaison
``(a) There is a Chief of Legislative Liaison in the Department of
the Air Force. An officer assigned to that position shall be an officer
in the grade of major general.
``(b) The Chief of Legislative Liaison shall perform legislative
affairs functions as specified for the Office of the Secretary of the
Air Force by section 8014(c)(1)(F) of this title.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``8023. Chief of Legislative Liaison.''.
[[Page 116 STAT. 2533]]
(2) Section 8014(b) of such title is amended--
(A) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(B) by inserting after paragraph (4) the following new
paragraph (5):
``(5) The Chief of Legislative Liaison.''.
(f) Technical Amendment To Provide Correct Statutory Title of
Grade.--Section 5022(a)(2) of such title is amended by striking ``(upper
half)''.
SEC. 505. REINSTATEMENT OF AUTHORITY TO REDUCE THREE-YEAR TIME-IN-GRADE
REQUIREMENT FOR RETIREMENT IN GRADE FOR OFFICERS IN GRADES
ABOVE MAJOR AND LIEUTENANT COMMANDER.
(a) Officers on Active Duty.--Subsection (a)(2) of section 1370 of
title 10, United States Code, is amended--
(1) in subparagraph (A), by striking ``during the period
beginning on October 1, 1990, and ending on December 31, 2001''
and inserting ``during the period beginning on October 1, 2002,
and ending on December 31, 2003'';
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively; and
(3) by inserting after subparagraph (A) the following new
subparagraphs (B) and (C):
``(B) In the case of an officer to be retired in a general or flag
officer grade, authority provided by the Secretary of Defense to the
Secretary of a military department under subparagraph (A) may be
exercised with respect to that officer only if approved by the Secretary
of Defense or another civilian official in the Office of the Secretary
of Defense appointed by the President, by and with the advice and
consent of the Senate.
``(C) Authority provided by the Secretary of Defense to the
Secretary of a military department under subparagraph (A) may be
delegated within that military department only to a civilian official of
that military department appointed by the President, by and with the
advice and consent of the Senate.''.
(b) Reserve Officers.--Subsection (d) of such section is amended--
(1) by designating the second sentence of paragraph (5) as
paragraph (6) and in that paragraph by striking ``this
paragraph'' and inserting ``paragraph (5)''; and
(2) in paragraph (5)--
(A) by inserting ``(A)'' after ``(5)'';
(B) by striking ``in the case of retirements
effective during the period beginning on October 17,
1998, and ending on December 31, 2001'' and inserting
``in the case of transfers to the Retired Reserve and
discharges of retirement-qualified officers effective
during the period beginning on October 1, 2002, and
ending on December 31, 2003''; and
(C) by adding at the end (before paragraph (6) as
designated by paragraph (1) of this subsection) the
following new subparagraphs:
``(B) In the case of a person who, upon transfer to the Retired
Reserve or discharge, is to be credited with satisfactory service in a
general or flag officer grade under paragraph (1), authority provided by
the Secretary of Defense to the Secretary of a military
[[Page 116 STAT. 2534]]
department under subparagraph (A) may be exercised with respect to that
person only if approved by the Secretary of Defense or another civilian
official in the Office of the Secretary of Defense appointed by the
President, by and with the advice and consent of the Senate.
``(C) Authority provided by the Secretary of Defense to the
Secretary of a military department under subparagraph (A) may be
delegated within that military department only to a civilian official of
that military department appointed by the President, by and with the
advice and consent of the Senate.''.
(c) Advance Notice to Congress.--Such section is further amended by
adding at the end the following new subsection:
``(e) Advance Notice to Congressional Committees.--(1) In the case
of an officer to be retired in a grade that is a general or flag officer
grade who is eligible to retire in that grade only by reason of an
exercise of authority under paragraph (2) of subsection (a) to reduce
the three-year service-in-grade requirement otherwise applicable under
that paragraph, the Secretary of Defense, before the officer is retired
in that grade, shall notify the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives of the exercise of authority under that paragraph with
respect to that officer.
``(2) In the case of a person to be credited under subsection (d)
with satisfactory service in a grade that is a general or flag officer
grade who is eligible to be credited with such service in that grade
only by reason of an exercise of authority under paragraph (5) of that
subsection to reduce the three-year service-in-grade requirement
otherwise applicable under paragraph (3)(A) of that subsection, the
Secretary of Defense, before the person is credited with such
satisfactory service in that grade, shall notify the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives of the exercise of authority under paragraph (5) of
that subsection with respect to that officer.
``(3) In the case of an officer to whom subsection (c) applies, the
requirement for notification under paragraph (1) is satisfied if the
notification is included in the certification submitted with respect to
that officer under paragraph (1) of such subsection.''.
SEC. 506. AUTHORITY TO REQUIRE THAT AN OFFICER TAKE LEAVE PENDING REVIEW
OF A RECOMMENDATION FOR REMOVAL BY A BOARD OF INQUIRY.
(a) Requirement.--Section 1182(c) of title 10, United States Code,
is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2) <<NOTE: Regulations.>> Under regulations prescribed by the
Secretary concerned, an officer as to whom a board of inquiry makes a
recommendation under paragraph (1) that the officer not be retained on
active duty may be required to take leave pending the completion of the
officer's case under this chapter. The officer may be required to begin
such leave at any time following the officer's receipt of the report of
the board of inquiry, including the board's recommendation for removal
from active duty, and the expiration of any period allowed for
submission by the officer of a rebuttal to that report. The leave may be
continued until the date on
[[Page 116 STAT. 2535]]
which action by the Secretary concerned on the officer's case is
completed or may be terminated at any earlier time.''.
(b) Payment for Mandatory Excess Leave Upon Disapproval of Certain
Involuntary Separation Recommendations.--Chapter 40 of such title is
amended by inserting after section 707 the following new section:
``Sec. 707a. Payment upon disapproval of certain board of inquiry
recommendations for excess leave required to be
taken
``(a) An officer--
``(1) who is required to take leave under section 1182(c)(2)
of this title, any period of which is charged as excess leave
under section 706(a) of this title, and
``(2) whose recommendation for removal from active duty in a
report of a board of inquiry is not approved by the Secretary
concerned under section 1184 of this title,
shall be paid, as provided in subsection (b), for the period of leave
charged as excess leave.
``(b)(1) An officer entitled to be paid under this section shall be
deemed, for purposes of this section, to have accrued pay and allowances
for each day of leave required to be taken under section 1182(c)(2) of
this title that is charged as excess leave (except any day of accrued
leave for which the officer has been paid under section 706(b)(1) of
this title and which has been charged as excess leave).
``(2) The officer shall be paid the amount of pay and allowances
that is deemed to have accrued to the officer under paragraph (1),
reduced by the total amount of his income from wages, salaries, tips,
other personal service income, unemployment compensation, and public
assistance benefits from any Government agency during the period the
officer is deemed to have accrued pay and allowances. Except
as <<NOTE: Deadline.>> provided in paragraph (3), such payment shall be
made within 60 days after the date on which the Secretary concerned
decides not to remove the officer from active duty.
``(3) If an officer is entitled to be paid under this section, but
fails to provide sufficient information in a timely manner regarding the
officer's income when such information is requested under regulations
prescribed under subsection (c), the period of time prescribed in
paragraph (2) shall be extended until 30 days after the date on which
the member provides the information requested.
``(c) <<NOTE: Regulations.>> This section shall be administered
under uniform regulations prescribed by the Secretaries concerned. The
regulations may provide for the method of determining an officer's
income during any period the officer is deemed to have accrued pay and
allowances, including a requirement that the officer provide income tax
returns and other documentation to verify the amount of the officer's
income.''.
(c) Conforming Amendments.--(1) Section 706 of such title is
amended--
(A) by inserting ``or 1182(c)(2)'' after ``section 876a'' in
subsections (a), (b)(1), (b)(2), and (c); and
(B) by striking ``section 707'' in subsection (b)(2) and
inserting ``sections 707 and 707a''.
(2) The heading for such section is amended to read as follows:
[[Page 116 STAT. 2536]]
``Sec. 706. Administration of leave required to be taken''.
(d) Clerical Amendments.--The table of sections at the beginning of
chapter 40 of such title is amended--
(1) by striking the item relating to section 706 and
inserting the following:
``706. Administration of leave required to be taken.'';
and
(2) by inserting after the item relating to section 707 the
following new item:
``707a. Payment upon disapproval of certain board of inquiry
recommendations for excess leave required to be taken.''.
Subtitle B--Reserve Component Management
SEC. 511. REVIEWS OF NATIONAL GUARD STRENGTH ACCOUNTING AND MANAGEMENT
AND OTHER ISSUES.
(a) Comptroller <<NOTE: Deadline. Reports. 32 USC 104
note.>> General Assessments.--Not later than one year after the date of
the enactment of this Act, the Comptroller General shall submit to
Congress a report on management of the National Guard. The report shall
include the following:
(1) The Comptroller General's assessment of the
effectiveness of the implementation of Department of Defense
plans for improving management and accounting for personnel
strengths in the National Guard, including an assessment of the
process that the Department of Defense, the National Guard
Bureau, the Army National Guard and State-level National Guard
leadership, and leadership in the other reserve components have
for identifying and addressing in a timely manner specific units
in which nonparticipation rates are significantly in excess of
the established norms.
(2) The Comptroller General's assessment of the
effectiveness of the process for Federal recognition of senior
National Guard officers and recommendations for improvement to
that process.
(3) The Comptroller General's assessment of the process for,
and the nature and extent of, the administrative or judicial
corrective action taken by the Secretary of Defense, the
Secretary of the Army, and the Secretary of the Air Force as a
result of Inspector General investigations or other
investigations in which allegations against senior National
Guard officers are substantiated in whole or in part.
(4) The Comptroller General's determination of the
effectiveness of the Federal protections provided for members or
employees of the National Guard who report allegations of waste,
fraud, abuse, or mismanagement and the nature and extent to
which corrective action is taken against those in the National
Guard who retaliate against such members or employees.
(b) Secretary of Defense Report on Different Army and Air Force
Procedures.--Not <<NOTE: Deadline.>> later than six months after the
date of the enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the differing Army and Air Force policies for
taking adverse administrative actions against National Guard
[[Page 116 STAT. 2537]]
officers in a State status. The report shall include the Secretary's
determination as to whether changes should be made in those policies.
SEC. 512. COURTS-MARTIAL FOR THE NATIONAL GUARD WHEN NOT IN FEDERAL
SERVICE.
(a) Manner of Prescribing Punishments.--Section 326 of title 32,
United States Code, is amended by adding at the end the following new
sentence: ``Punishments shall be as provided by the laws of the
respective States and Territories, Puerto Rico, and the District of
Columbia.''.
(b) Convening Authority.--Section 327 of such title is amended to
read as follows:
``Sec. 327. Courts-martial of National Guard not in Federal service:
convening authority
``(a) In the National Guard not in Federal service, general,
special, and summary courts-martial may be convened as provided by the
laws of the respective States and Territories, Puerto Rico, and the
District of Columbia.
``(b) In the National Guard not in Federal service--
``(1) general courts-martial may be convened by the
President;
``(2) special courts-martial may be convened--
``(A) by the commanding officer of a garrison, fort,
post, camp, air base, auxiliary air base, or other place
where members of the National Guard are on duty; or
``(B) by the commanding officer of a division,
brigade, regiment, wing, group, detached battalion,
separate squadron, or other detached command; and
``(3) summary courts-martial may be convened--
``(A) by the commanding officer of a garrison, fort,
post, camp, air base, auxiliary air base, or other place
where members of the National Guard are on duty; or
``(B) by the commanding officer of a division,
brigade, regiment, wing, group, detached battalion,
detached squadron, detached company, or other
detachment.
``(c) The convening authorities provided under subsection (b) are in
addition to the convening authorities provided under subsection (a).''.
(c) Repeal of Superseded and Obsolete Provisions.--(1) Sections 328,
329, 330, 331, 332, and 333 of title 32, United States Code, are
repealed.
(2) <<NOTE: Applicability. 32 USC 328 note.>> The provisions of law
repealed by paragraph (1) shall continue to apply with respect to
courts-martial convened in the National Guard not in Federal service
before the date of the enactment of this Act.
(d) Clerical Amendments.--The table of sections at the beginning of
chapter 3 of such title is amended by striking the items relating to
sections 327, 328, 329, 330, 331, 332, and 333 and inserting the
following:
``327. Courts-martial of National Guard not in Federal service:
convening authority.''.
(e) Models <<NOTE: 32 USC 327 note.>> for State Code of Military
Justice and State Manual for Courts-Martial.--(1) The Secretary of
Defense shall prepare a model State code of military justice and a model
State
[[Page 116 STAT. 2538]]
manual for courts-martial to recommend to the States for use with
respect to the National Guard not in Federal service. Both such models
shall be consistent with the recommendations contained in the report
that was issued in 1998 by the Department of Defense Panel to Study
Military Justice in the National Guard not in Federal Service.
(2) The Secretary shall ensure that adequate support for the
preparation of the model State code of military justice and the model
State manual for courts-martial (including the detailing of attorneys
and other personnel) is provided by the General Counsel of the
Department of Defense, the Secretary of the Army, the Secretary of the
Air Force, and the Chief of the National Guard Bureau.
(3) If the funds available to the Chief of the National Guard Bureau
are insufficient for paying the cost of the National Guard Bureau
support required under paragraph (2) (including increased costs of pay
of members of the National Guard for additional active duty necessitated
by such requirement and increased cost of detailed attorneys and other
staff, allowances, and travel expenses related to such support), the
Secretary shall, upon request made by the Chief of the Bureau, provide
such additional funding as the Secretary determines necessary to satisfy
the requirement for such support.
(4) <<NOTE: Deadline. Reports.>> Not later than one year after the
date of the enactment of this Act, the Secretary shall submit a report
on the actions taken to carry out this subsection to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives. The report shall include proposals in final
form of both the model State code of military justice and the model
State manual for courts-martial required by paragraph (1), together with
a discussion of the efforts being made to present those proposals to the
States for their consideration for enactment or adoption, respectively.
(5) In this subsection, the term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
SEC. 513. FISCAL YEAR 2003 FUNDING FOR MILITARY PERSONNEL COSTS OF
RESERVE COMPONENT SPECIAL OPERATIONS FORCES PERSONNEL
ENGAGED IN HUMANITARIAN ASSISTANCE ACTIVITIES RELATING TO
CLEARING OF LANDMINES.
(a) Use of Reserve Component Military Personnel Funds.--Fiscal year
2003 reserve component military personnel funds may be used for military
personnel expenses of reserve component Special Operations forces that
are incurred during fiscal year 2003 in connection with landmine
clearance assistance, notwithstanding section 401(c)(1) of title 10,
United States Code.
(b) Reimbursement Requirement.--Fiscal year 2003 reserve component
military personnel funds shall be reimbursed from fiscal year 2003
landmine clearance assistance funds for all military personnel expenses
of reserve component Special Operations forces that are incurred during
fiscal year 2003 in connection with landmine clearance assistance. Such
reimbursement shall be made in each instance to the reserve component
military personnel account that incurred the expense.
[[Page 116 STAT. 2539]]
(c) Limitation.--The amount of reserve component military personnel
expenses incurred during fiscal year 2003 for landmine clearance
assistance may not exceed 10 percent of the amount of fiscal year 2003
landmine clearance assistance funds.
(d) Definitions.--For purposes of this section:
(1) Landmine clearance assistance.--The term ``landmine
clearance assistance'' means humanitarian and civic assistance
provided under section 401 of title 10, United States Code, that
is described in subsection (e)(5) of that section.
(2) Fiscal year 2003 landmine clearance assistance funds.--
The term ``fiscal year 2003 landmine clearance assistance
funds'' means the total amount appropriated for fiscal year 2003
in operations and maintenance accounts of the Department of
Defense that is provided for landmine clearance assistance.
(3) Fiscal year 2003 reserve component military personnel
funds.--The term ``fiscal year 2003 reserve component military
personnel funds'' means amounts appropriated for fiscal year
2003 for military personnel expenses of a reserve component of
the Department of Defense.
(4) Military personnel expenses.--The term ``military
personnel expenses'' means expenses properly chargeable to a
military personnel account of the Department of Defense.
(e) Legislative Proposal.--The Secretary of Defense shall submit to
Congress, as part of the budget request of the Department of Defense for
fiscal year 2004, a legislative proposal that would ensure that military
personnel expenses for both active and reserve component military
personnel providing landmine clearance assistance are specified in
detail and are budgeted to be authorized and appropriated from the
appropriate military personnel accounts.
SEC. 514. USE OF RESERVES TO PERFORM DUTIES RELATING TO DEFENSE AGAINST
TERRORISM.
(a) Use of Reserves To Perform Duties Relating to Defense Against
Terrorism.--Section 12304(b) of title 10, United States Code, is amended
by striking ``involving'' and all that follows and inserting
``involving--
``(1) a use or threatened use of a weapon of mass
destruction; or
``(2) a terrorist attack or threatened terrorist attack in
the United States that results, or could result, in catastrophic
loss of life or property.''.
(b) Conforming Amendment Relating to Full-Time Support of Guard and
Reserve Personnel.--Section 12310(c)(1) of such title is amended by
striking ``involving'' and all that follows and inserting ``involving--
``(A) the use of a weapon of mass destruction (as defined in
section 12304(i)(2) of this title); or
``(B) a terrorist attack or threatened terrorist attack in
the United States that results, or could result, in catastrophic
loss of life or property.''.
SEC. 515. REPEAL OF PROHIBITION ON USE OF AIR FORCE RESERVE AGR
PERSONNEL FOR AIR FORCE BASE SECURITY FUNCTIONS.
(a) Repeal.--Section 12551 of title 10, United States Code, is
repealed.
[[Page 116 STAT. 2540]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1215 of such title is amended by striking the item relating to
section 12551.
Subtitle C--Reserve Component Officer Personnel Policy
SEC. 521. ELIGIBILITY FOR CONSIDERATION FOR PROMOTION TO GRADE OF MAJOR
GENERAL FOR CERTAIN RESERVE COMPONENT BRIGADIER GENERALS WHO
DO NOT OTHERWISE QUALIFY FOR CONSIDERATION FOR PROMOTION
UNDER THE ONE-YEAR RULE.
Section 14301(g) of title 10, United States Code, is amended to read
as follows:
``(g) Brigadier Generals.--(1) An officer who is a reserve component
brigadier general of the Army or the Air Force who is not eligible for
consideration for promotion under subsection (a) because the officer is
not on the reserve active status list (as required by paragraph (1) of
that subsection for such eligibility) is nevertheless eligible for
consideration for promotion to the grade of major general by a promotion
board convened under section 14101(a) of this title if--
``(A) as of the date of the convening of the promotion
board, the officer has been in an inactive status for less than
one year; and
``(B) immediately before the date of the officer's most
recent transfer to an inactive status, the officer had
continuously served on the reserve active status list or the
active-duty list (or a combination of the reserve active status
list and the active-duty list) for at least one year.
``(2) An officer who is a reserve component brigadier general of the
Army or the Air Force who is on the reserve active status list but who
is not eligible for consideration for promotion under subsection (a)
because the officer's service does not meet the one-year-of-continuous-
service requirement under paragraph (2) of that subsection is
nevertheless eligible for consideration for promotion to the grade of
major general by a promotion board convened under section 14101(a) of
this title if--
``(A) the officer was transferred from an inactive status to
the reserve active status list during the one-year period
preceding the date of the convening of the promotion board;
``(B) immediately before the date of the officer's most
recent transfer to an active status, the officer had been in an
inactive status for less than one year; and
``(C) immediately before the date of the officer's most
recent transfer to an inactive status, the officer had
continuously served for at least one year on the reserve active
status list or the active-duty list (or a combination of the
reserve active status list and the active-duty list).''.
SEC. 522. AUTHORITY FOR LIMITED EXTENSION OF MEDICAL DEFERMENT OF
MANDATORY RETIREMENT OR SEPARATION OF RESERVE COMPONENT
OFFICERS.
(a) Authority.--Chapter 1407 of title 10, United States Code, is
amended by adding at the end the following new section:
[[Page 116 STAT. 2541]]
``Sec. 14519. Deferment of retirement or separation for medical reasons
``(a) Authority.--If, in the case of an officer required to be
retired or separated under this chapter or chapter 1409 of this title,
the Secretary concerned determines that the evaluation of the physical
condition of the officer and determination of the officer's entitlement
to retirement or separation for physical disability require
hospitalization or medical observation and that such hospitalization or
medical observation cannot be completed with confidence in a manner
consistent with the officer's well being before the date on which the
officer would otherwise be required to retire or be separated, the
Secretary may defer the retirement or separation of the officer.
``(b) Period of Deferment.--A deferral of retirement or separation
under subsection (a) may not extend for more than 30 days after the
completion of the evaluation requiring hospitalization or medical
observation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``14519. Deferment of retirement or separation for medical reasons.''.
Subtitle D--Enlistment, Education, and Training Programs
SEC. 531. ENLISTMENT INCENTIVES FOR PURSUIT OF SKILLS TO FACILITATE
NATIONAL SERVICE.
(a) Authority.--(1) Chapter 31 of title 10, United States Code, is
amended by inserting after section 509 the following new section:
``Sec. 510. Enlistment incentives for pursuit of skills to facilitate
national service
``(a) Enlistment Incentive Program.--The Secretary of Defense shall
carry out an enlistment incentive program in accordance with this
section under which a person who is a National Call to Service
participant shall be entitled to one of the incentives specified in
subsection (e). The program shall be carried out during the period
ending on December 31, 2007, and may be carried out after that date.
``(b) National Call to Service Participant.--In this section, the
term `National Call to Service participant' means a person who has not
previously served in the armed forces who enters into an original
enlistment pursuant to a written agreement with the Secretary of a
military department (in such form and manner as may be prescribed by
that Secretary) under which the person agrees to perform a period of
national service as specified in subsection (c).
``(c) National Service.--The total period of national service to
which a National Call to Service participant is obligated under the
agreement under this section shall be specified in the agreement. Under
the agreement, the participant shall--
``(1) upon completion of initial entry training (as
prescribed by the Secretary of Defense), serve on active duty in
a military occupational specialty designated by the Secretary of
Defense under subsection (d) for a period of 15 months;
[[Page 116 STAT. 2542]]
``(2) upon completion of the period of active duty specified
in paragraph (1) and without a break in service, serve either
(A) an additional period of active duty as determined by the
Secretary of Defense, or (B) a period of 24 months in an active
status in the Selected Reserve; and
``(3) upon completion of the period of service specified in
paragraph (2), and without a break in service, serve the
remaining period of obligated service specified in the
agreement--
``(A) on active duty in the armed forces;
``(B) in the Selected Reserve;
``(C) in the Individual Ready Reserve;
``(D) in the Peace Corps, Americorps, or another
national service program jointly designated by the
Secretary of Defense and the head of such program for
purposes of this section; or
``(E) in any combination of service referred to in
subparagraphs (A) through (D) that is approved by the
Secretary of the military department concerned pursuant
to regulations prescribed by the Secretary of Defense
and specified in the agreement.
``(d) Designated Military Occupational Specialties.--The Secretary
of Defense shall designate military occupational specialties for
purposes of subsection (c)(1). Such military occupational specialties
shall be military occupational specialties that, as determined by the
Secretary, will facilitate pursuit of national service by National Call
to Service participants.
``(e) Incentives.--The incentives specified in this subsection are
as follows:
``(1) Payment of a bonus in the amount of $5,000.
``(2) Payment in an amount not to exceed $18,000 of
outstanding principal and interest on qualifying student loans
of the National Call to Service participant.
``(3) Entitlement to an allowance for educational assistance
at the monthly rate equal to the monthly rate payable for basic
educational assistance allowances under section 3015(a)(1) of
title 38 for a total of 12 months.
``(4) Entitlement to an allowance for educational assistance
at the monthly rate equal to 50 percent of the monthly rate
payable for basic educational assistance allowances under
section 3015(b)(1) of title 38 for a total of 36 months.
``(f) Election of Incentive.--A National Call to Service participant
shall elect in the agreement under subsection (b) which incentive under
subsection (e) to receive. An election under this subsection is
irrevocable.
``(g) Payment of Bonus Amounts.--(1) Payment to a National Call to
Service participant of the bonus elected by the National Call to Service
participant under subsection (e)(1) shall be made in such time and
manner as the Secretary of Defense shall prescribe.
``(2)(A) Payment of outstanding principal and interest on the
qualifying student loans of a National Call to Service participant, as
elected under subsection (e)(2), shall be made in such time and manner
as the Secretary of Defense shall prescribe.
``(B) Payment under this paragraph of the outstanding principal and
interest on the qualifying student loans of a National Call to Service
participant shall be made to the holder of such student loans, as
identified by the National Call to Service participant
[[Page 116 STAT. 2543]]
to the Secretary of the military department concerned for purposes of
such payment.
``(3) Payment of a bonus or incentive in accordance with this
subsection shall be made by the Secretary of the military department
concerned.
``(h) Coordination With Montgomery GI Bill Benefits.--(1)(A) Subject
to subparagraph (B), a National Call to Service participant who elects
an incentive under paragraph (3) or (4) of subsection (e) is not
entitled to additional educational assistance under chapter 1606 of this
title or to basic educational assistance under subchapter II of chapter
30 of title 38.
``(B) If a National Call to Service participant meets all
eligibility requirements specified in chapter 1606 of this title or
chapter 30 of title 38 for entitlement to allowances for educational
assistance under either such chapter, the participant may become
eligible for allowances for educational assistance benefits under either
such chapter up to the maximum allowance provided less the total amount
of allowance paid under paragraph (3) or (4) of subsection (e).
``(2)(A) The Secretary of Defense shall, to the maximum extent
practicable, administer the receipt by National Call to Service
participants of incentives under paragraph (3) or (4) of subsection (e)
as if such National Call to Service participants were, in receiving such
incentives, receiving educational assistance for members of the Selected
Reserve under chapter 1606 of this title.
``(B) <<NOTE: Regulations.>> The Secretary of Defense shall, in
consultation with the Secretary of Veterans Affairs, prescribe
regulations for purposes of subparagraph (A). Such regulations shall, to
the maximum extent practicable, take into account the administrative
provisions of chapters 30 and 36 of title 38 that are specified in
section 16136 of this title.
``(3)(A) Except as provided in paragraph (1), nothing in this
section shall prohibit a National Call to Service participant who
satisfies through service under subsection (c) the eligibility
requirements for educational assistance under chapter 1606 of this title
or basic educational assistance under chapter 30 of title 38 from an
entitlement to such educational assistance under chapter 1606 of this
title or basic educational assistance under chapter 30 of title 38, as
the case may be.
``(B)(i) A participant who made an election not to receive
educational assistance under either such chapter at the applicable time
specified under law or who was denied the opportunity to make an
election may revoke that election or make an initial election, as the
case may be, at such time and in such manner as the Secretary concerned
may specify. A revocation or initial election under the preceding
sentence is irrevocable.
``(ii) The participant making a revocation or initial election under
clause (i) shall be eligible for educational assistance under either
such chapter at such time as the participant satisfies through service
the applicable eligibility requirements under either such chapter.
``(i) Repayment.--(1) If a National Call to Service participant who
has entered into an agreement under subsection (b) and received or
benefited from an incentive under subsection (e)(1) or (e)(2) fails to
complete the total period of service specified in such agreement, the
National Call to Service participant shall refund to the United States
the amount that bears the same ratio
[[Page 116 STAT. 2544]]
to the amount of the incentive as the uncompleted part of such service
bears to the total period of such service.
``(2) Subject to paragraph (3), an obligation to reimburse the
United States imposed under paragraph (1) is for all purposes a debt
owed to the United States.
``(3) The Secretary concerned may waive, in whole or in part, a
reimbursement required under paragraph (1) if the Secretary concerned
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
``(4) A discharge in bankruptcy under title 11 that is entered into
less than five years after the termination of an agreement entered into
under subsection (b) does not discharge the person signing the agreement
from a debt arising under the agreement or under paragraph (1).
``(j) Funding.--Amounts for payment of incentives under subsection
(e), including payment of allowances for educational assistance under
that subsection, shall be derived from amounts available to the
Secretary of the military department concerned for payment of pay,
allowances, and other expenses of the members of the armed force
concerned.
``(k) Regulations.--The Secretary of Defense and the Secretaries of
the military departments shall prescribe regulations for purposes of the
program under this section.
``(l) Definitions.--In this section:
``(1) The term `Americorps' means the Americorps program
carried out under subtitle C of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et seq.).
``(2) The term `qualifying student loan' means a loan, the
proceeds of which were used to pay any part or all of the cost
of attendance (as defined in section 472 of the Higher Education
Act of 1965 (20 U.S.C. 1087ll) at an institution of higher
education (as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001).
``(3) The term `Secretary of a military department'
includes, with respect to matters concerning the Coast Guard
when it is not operating as a service in the Navy, the Secretary
of the Department in which the Coast Guard is operating.''.
(2) The table of sections at the beginning of that chapter is
amended by inserting after the item relating to section 509 the
following new item:
``510. Enlistment incentives for pursuit of skills to facilitate
national service.''.
(b) Commencement <<NOTE: 10 USC 510 note.>> of Program.--The
Secretary of Defense shall prescribe the date on which the program
provided for section 510 of title 10, United States Code, as added by
subsection (a), shall commence. <<NOTE: Deadline.>> Such date shall be
not later than October 1, 2003.
(c) Conforming Repeal.--Section 3264 of title 10, United States
Code, is repealed. The table of sections at the beginning of chapter 333
of such title is amended by striking the item relating to section 3264.
(d) Implementation <<NOTE: Deadline. 10 USC 510 note.>> Report.--Not
later than March 31, 2003, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the Secretary's plans for implementation of
section 510 of title 10, United States Code, as added by subsection (a).
[[Page 116 STAT. 2545]]
(e) Effectiveness <<NOTE: Deadlines. 10 USC 510 note.>> Reports.--
Not later than March 31, 2005, and March 31, 2007, the Secretary of
Defense shall submit to the committees specified in subsection (d)
reports on the effectiveness of the program under section 510 of title
10, United States Code, as added by subsection (a), in attracting new
recruits to national service.
SEC. 532. AUTHORITY FOR PHASED INCREASE TO 4,400 IN AUTHORIZED STRENGTHS
FOR THE SERVICE ACADEMIES.
(a) Military Academy.--Section 4342 of title 10, United States Code,
is amended--
(1) in subsection (a), by inserting before the period at the
end of the first sentence the following: ``or such higher number
as may be prescribed by the Secretary of the Army under
subsection (j)''; and
(2) by adding at the end the following new subsection:
``(j)(1) Beginning with the 2003-2004 academic year, the Secretary
of the Army may prescribe annual increases in the cadet strength limit
in effect under subsection (a). For any academic year, any such increase
shall be by no more than 100 cadets or such lesser number as applies
under paragraph (3) for that year. Such annual increases may be
prescribed until the cadet strength limit is 4,400. However, no increase
may be prescribed for any academic year after the 2007-2008 academic
year.
``(2) Any increase in the cadet strength limit under paragraph (1)
with respect to an academic year shall be prescribed not later than the
date on which the budget of the President is submitted to Congress under
section 1105 of title 31 for the fiscal year beginning in the same year
as the year in which that academic year begins. Whenever the Secretary
prescribes such an increase, the Secretary shall submit to Congress a
notice in writing of the increase. The notice shall state the amount of
the increase in the cadet strength limit and the new cadet strength
limit, as so increased, and the amount of the increase in Senior Army
Reserve Officers' Training Corps enrollment under each of sections 2104
and 2107 of this title.
``(3) The amount of an increase under paragraph (1) in the cadet
strength limit for an academic year may not exceed the increase (if any)
for the preceding academic year in the total number of cadets enrolled
in the Army Senior Reserve Officers' Training Corps program under
chapter 103 of this title who have entered into an agreement under
section 2104 or 2107 of this title.
``(4) In this subsection, the term `cadet strength limit' means the
authorized maximum strength of the Corps of Cadets of the Academy.''.
(b) Naval Academy.--Section 6954 of title 10, United States Code, is
amended--
(1) in subsection (a), by inserting before the period at the
end of the first sentence the following: ``or such higher number
as may be prescribed by the Secretary of the Navy under
subsection (h)''; and
(2) by adding at the end the following new subsection:
``(h)(1) Beginning with the 2003-2004 academic year, the Secretary
of the Navy may prescribe annual increases in the midshipmen strength
limit in effect under subsection (a). For any academic year, any such
increase shall be by no more than 100 midshipmen or such lesser number
as applies under paragraph
[[Page 116 STAT. 2546]]
(3) for that year. Such annual increases may be prescribed until the
midshipmen strength limit is 4,400. However, no increase may be
prescribed for any academic year after the 2007-2008 academic year.
``(2) <<NOTE: Deadline.>> Any increase in the midshipmen strength
limit under paragraph (1) with respect to an academic year shall be
prescribed not later than the date on which the budget of the President
is submitted to Congress under section 1105 of title 31 for the fiscal
year beginning in the same year as the year in which that academic year
begins. <<NOTE: Notice.>> Whenever the Secretary prescribes such an
increase, the Secretary shall submit to Congress a notice in writing of
the increase. The notice shall state the amount of the increase in the
midshipmen strength limit and the new midshipmen strength limit, as so
increased, and the amount of the increase in Senior Navy Reserve
Officers' Training Corps enrollment under each of sections 2104 and 2107
of this title.
``(3) The amount of an increase under paragraph (1) in the
midshipmen strength limit for an academic year may not exceed the
increase (if any) for the preceding academic year in the total number of
midshipmen enrolled in the Navy Senior Reserve Officers' Training Corps
program under chapter 103 of this title who have entered into an
agreement under section 2104 or 2107 of this title.
``(4) In this subsection, the term `midshipmen strength limit' means
the authorized maximum strength of the Brigade of Midshipmen.''.
(c) Air Force Academy.--Section 9342 of title 10, United States
Code, is amended--
(1) in subsection (a), by inserting before the period at the
end of the first sentence the following: ``or such higher number
as may be prescribed by the Secretary of the Air Force under
subsection (j)''; and
(2) by adding at the end the following new subsection:
``(j)(1) Beginning with the 2003-2004 academic year, the Secretary
of the Air Force may prescribe annual increases in the cadet strength
limit in effect under subsection (a). For any academic year, any such
increase shall be by no more than 100 cadets or such lesser number as
applies under paragraph (3) for that year. Such annual increases may be
prescribed until the cadet strength limit is 4,400. However, no increase
may be prescribed for any academic year after the 2007-2008 academic
year.
``(2) <<NOTE: Deadline.>> Any increase in the cadet strength limit
under paragraph (1) with respect to an academic year shall be prescribed
not later than the date on which the budget of the President is
submitted to Congress under sections 1105 of title 31 for the fiscal
year beginning in the same year as the year in which that academic year
begins. <<NOTE: Notice.>> Whenever the Secretary prescribes such an
increase, the Secretary shall submit to Congress a notice in writing of
the increase. The notice shall state the amount of the increase in the
cadet strength limit and the new cadet strength limit, as so increased,
and the amount of the increase in Senior Air Force Reserve Officers'
Training Corps enrollment under each of sections 2104 and 2107 of this
title.
``(3) The amount of an increase under paragraph (1) in the cadet
strength limit for an academic year may not exceed the increase (if any)
for the preceding academic year in the total number of cadets enrolled
in the Air Force Senior Reserve Officers' Training
[[Page 116 STAT. 2547]]
Corps program under chapter 103 of this title who have entered into an
agreement under section 2104 or 2107 of this title.
``(4) In this subsection, the term `cadet strength limit' means the
authorized maximum strength of Air Force Cadets of the Academy.''.
(d) Target for Increases in Number of ROTC Scholarship
Participants.--Section 2107 of such title is amended by adding at the
end the following new subsection:
``(i) The Secretary of each military department shall seek to
achieve an increase in the number of agreements entered into under this
section so as to achieve an increase, by the 2006-2007 academic year, of
not less than 400 in the number of cadets or midshipmen, as the case may
be, enrolled under this section, compared to such number enrolled for
the 2002-2003 academic year. In the case of the Secretary of the Navy,
the Secretary shall seek to ensure that not less than one-third of such
increase in agreements under this section are with students enrolled (or
seeking to enroll) in programs of study leading to a baccalaureate
degree in nuclear engineering or another appropriate technical,
scientific, or engineering field of study.''.
(e) Repeal of Limit on Number of ROTC Scholarships.--Section 2107 of
such title is further amended by striking the first sentence of
subsection (h)(1).
(f) Repeal of Obsolete Language.--Section 4342(i) of such title is
amended by striking ``(beginning with the 2001-2002 academic year)''.
SEC. 533. ENHANCEMENT OF RESERVE COMPONENT DELAYED TRAINING PROGRAM.
(a) Increase in Time Following Enlistment for Commencement of
Initial Period of Active Duty for Training.--Section 12103(d) of title
10, United States Code, is amended by striking ``270 days'' in the last
sentence and inserting ``one year''.
(b) Effective <<NOTE: 10 USC 12103 note.>> Date.--The amendment made
by subsection (a) shall apply with respect to enlistments under section
12103(d) of title 10, United States Code, after the end of the 90-day
period beginning on the date of the enactment of this Act.
(c) Transition.--In <<NOTE: 10 USC 12103 note.>> the case of a
person who enlisted under section 12103(d) of title 10, United States
Code, before the date of the enactment of this Act and who as of such
date has not commenced the required initial period of active duty for
training under that section, the amendment made by subsection (a) may be
applied to that person, but only with the agreement of that person and
the Secretary concerned.
SEC. 534. REVIEW OF ARMED FORCES PROGRAMS FOR PREPARATION FOR,
PARTICIPATION IN, AND CONDUCT OF ATHLETIC COMPETITIONS.
(a) Requirement for Review.--The Secretary of Defense shall conduct
a comprehensive review of the programs of the active and reserve
components of the Armed Forces for preparation for, participation in,
and conduct of athletic competitions.
(b) Consideration of Funding.--The matters reviewed under subsection
(a) shall include the funding sources that are currently available for
the programs referred to in such subsection and any relevant limitations
on the use of such funding sources.
(c) Report.--Not <<NOTE: Deadline.>> later than March 3, 2003, the
Secretary shall submit to the Committees on Armed Services of the Senate
and
[[Page 116 STAT. 2548]]
the House of Representatives a report on the Secretary's findings and
conclusions resulting from the review. The report shall include the
following matters:
(1) The Secretary's views on the adequacy of the existing
funding sources for the programs referred to in subsection (a).
(2) Any recommendations that the Secretary may have
regarding limitations on the use of such funding sources or any
inadequacies in the funding for such programs.
(3) An assessment of the issues related to, and
recommendations of the Secretary for, achieving consistent
funding and policy treatment with regard to participation by
active and reserve component personnel in athletic competitions.
(4) Any recommended legislation that the Secretary considers
appropriate regarding such programs.
SEC. 535. REPEAL OF BAR TO ELIGIBILITY OF ARMY COLLEGE FIRST PROGRAM
PARTICIPANTS FOR BENEFITS UNDER STUDENT LOAN REPAYMENT
PROGRAM.
Subsection (e) of section 573 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 513 note) is
repealed.
Subtitle E--Decorations and Awards
SEC. 541. WAIVER OF TIME LIMITATIONS FOR AWARD OF ARMY DISTINGUISHED-
SERVICE CROSS TO CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy for the
time within which a recommendation for the award of a military
decoration or award must be submitted shall not apply to awards of
decorations described in subsection (b), the award of each such
decoration having been determined by the Secretary of the Army to be
warranted in accordance with section 1130 of title 10, United States
Code.
(b) Distinguished-Service <<NOTE: Applicability.>> Cross of the
Army.--Subsection (a) applies to the award of the Distinguished-Service
Cross of the Army as follows:
(1) To Henry Johnson of Albany, New York, for extraordinary
heroism in France during the period of May 13 to 15, 1918, while
serving as a member of the Army.
(2) To Hilliard Carter of Jackson, Mississippi, for
extraordinary heroism in actions near Troung Loung, Republic of
Vietnam, on September 28, 1966, while serving as a member of the
Army.
(3) To Albert C. Welch of Florrisant, Colorado, for
extraordinary heroism in actions in Ong Thanh, Binh Long
Province, Republic of Vietnam, on October 17, 1967, while
serving as a member of the Army.
SEC. 542. OPTION TO CONVERT AWARD OF ARMED FORCES EXPEDITIONARY MEDAL
AWARDED FOR OPERATION FREQUENT WIND TO VIETNAM SERVICE
MEDAL.
(a) In General.--The Secretary of the military department concerned
shall, upon the application of an individual who is an eligible Vietnam
evacuation veteran, award that individual the Vietnam Service Medal,
notwithstanding any otherwise applicable requirements for the award of
that medal. Any such award shall
[[Page 116 STAT. 2549]]
be made in lieu of the Armed Forces Expeditionary Medal awarded the
individual for participation in Operation Frequent Wind.
(b) Eligible Vietnam Evacuation Veteran.--For purposes of this
section, the term ``eligible Vietnam evacuation veteran'' means a member
or former member of the Armed Forces who was awarded the Armed Forces
Expeditionary Medal for participation in military operations designated
as Operation Frequent Wind arising from the evacuation of Vietnam on
April 29 and 30, 1975.
SEC. 543. KOREA DEFENSE SERVICE MEDAL.
(a) Findings.--Congress <<NOTE: 10 USC 3755 note.>> makes the
following findings:
(1) More than 40,000 members of the United States Armed
Forces have served in the Republic of Korea or the waters
adjacent thereto each year since the signing of the cease-fire
agreement in July 1953 ending the Korean War.
(2) An estimated 1,200 members of the United States Armed
Forces have died as a direct result of their service in Korea
since the cease-fire agreement in July 1953.
(b) Army.--(1) Chapter 357 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 3755. Korea Defense Service Medal
``(a) The Secretary of the Army shall issue a campaign medal, to be
known as the Korea Defense Service Medal, to each person who while a
member of the Army served in the Republic of Korea or the waters
adjacent thereto during the KDSM eligibility period and met the service
requirements for the award of that medal prescribed under subsection
(c).
``(b) In this section, the term `KDSM eligibility period' means the
period beginning on July 28, 1954, and ending on such date after the
date of the enactment of this section as may be determined by the
Secretary of Defense to be appropriate for terminating eligibility for
the Korea Defense Service Medal.
``(c) The Secretary of the Army shall prescribe service requirements
for eligibility for the Korea Defense Service Medal. Those requirements
shall not be more stringent than the service requirements for award of
the Armed Forces Expeditionary Medal for instances in which the award of
that medal is authorized.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3755. Korea Defense Service Medal.''.
(c) Navy and Marine Corps.--(1) Chapter 567 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 6257. Korea Defense Service Medal
``(a) The Secretary of the Navy shall issue a campaign medal, to be
known as the Korea Defense Service Medal, to each person who while a
member of the Navy or Marine Corps served in the Republic of Korea or
the waters adjacent thereto during the KDSM eligibility period and met
the service requirements for the award of that medal prescribed under
subsection (c).
``(b) In this section, the term `KDSM eligibility period' means the
period beginning on July 28, 1954, and ending on such date after the
date of the enactment of this section as may be determined
[[Page 116 STAT. 2550]]
by the Secretary of Defense to be appropriate for terminating
eligibility for the Korea Defense Service Medal.
``(c) The Secretary of the Navy shall prescribe service requirements
for eligibility for the Korea Defense Service Medal. Those requirements
shall not be more stringent than the service requirements for award of
the Armed Forces Expeditionary Medal for instances in which the award of
that medal is authorized.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``6257. Korea Defense Service Medal.''.
(d) Air Force.--(1) Chapter 857 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8755. Korea Defense Service Medal
``(a) The Secretary of the Air Force shall issue a campaign medal,
to be known as the Korea Defense Service Medal, to each person who while
a member of the Air Force served in the Republic of Korea or the waters
adjacent thereto during the KDSM eligibility period and met the service
requirements for the award of that medal prescribed under subsection
(c).
``(b) In this section, the term `KDSM eligibility period' means the
period beginning on July 28, 1954, and ending on such date after the
date of the enactment of this section as may be determined by the
Secretary of Defense to be appropriate for terminating eligibility for
the Korea Defense Service Medal.
``(c) The Secretary of the Air Force shall prescribe service
requirements for eligibility for the Korea Defense Service Medal. Those
requirements shall not be more stringent than the service requirements
for award of the Armed Forces Expeditionary Medal for instances in which
the award of that medal is authorized.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``8755. Korea Defense Service Medal.''.
(e) Award <<NOTE: 10 USC 3755 note.>> for Service Before Date of
Enactment.--The Secretary of the military department concerned shall
take appropriate steps to provide in a timely manner for the issuance of
the Korea Defense Service Medal, upon application therefor, to persons
whose eligibility for that medal is by reason of service in the Republic
of Korea or the waters adjacent thereto before the date of the enactment
of this Act.
SEC. 544. COMMENDATION OF MILITARY CHAPLAINS.
(a) Findings.--Congress finds the following:
(1) Military chaplains have served with those who fought for
the cause of freedom since the founding of the Nation.
(2) Military chaplains and religious support personnel of
the Armed Forces have served with distinction as uniformed
members of the Armed Forces in support of the Nation's defense
missions during every conflict in the history of the United
States.
(3) 400 United States military chaplains have died in
combat, some as a result of direct fire while ministering to
fallen Americans, while others made the ultimate sacrifice as a
prisoner of war.
[[Page 116 STAT. 2551]]
(4) Military chaplains currently serve in humanitarian
operations, rotational deployments, and in the war on terrorism.
(5) Religious organizations make up the very fabric of
religious diversity and represent unparalleled levels of freedom
of conscience, speech, and worship that set the United States
apart from any other nation on Earth.
(6) Religious organizations have richly blessed the
uniformed services by sending clergy to comfort and encourage
all persons of faith in the Armed Forces.
(7) During the sinking of the USS Dorchester in February
1943 during World War II, four chaplains (Reverend Fox, Reverend
Poling, Father Washington, and Rabbi Goode) gave their lives so
that others might live.
(8) All military chaplains aid and assist members of the
Armed Forces and their family members with the challenging
issues of today's world.
(9) The current war against terrorism has brought to the
shores of the United States new threats and concerns that strike
at the beliefs and emotions of Americans.
(10) Military chaplains must, as never before, deal with the
spiritual well-being of the members of the Armed Forces and
their families.
(b) Commendation.--Congress, on behalf of the Nation, expresses its
appreciation for the outstanding contribution that all military
chaplains make to the members of the Armed Forces and their families.
(c) Presidential Proclamation.--The President is authorized and
requested to issue a proclamation calling on the people of the United
States to recognize the distinguished service of the Nation's military
chaplains.
Subtitle F--Administrative Matters
SEC. 551. STAFFING AND FUNDING FOR DEFENSE PRISONER OF WAR/MISSING
PERSONNEL OFFICE.
(a) Requirement for Staffing and Funding At Levels Required for
Performance of Full Range of Missions.--Subsection (a) of section 1501
of title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(5)(A) The Secretary of Defense shall ensure that the office is
provided sufficient military and civilian personnel, and sufficient
funding, to enable the office to fully perform the complete range of
missions of the office. The Secretary shall ensure that Department of
Defense programming, planning, and budgeting procedures are structured
so as to ensure compliance with the preceding sentence for each fiscal
year.
``(B) For any fiscal year, the number of military and civilian
personnel assigned or detailed to the office may not be less than the
number requested in the President's budget for fiscal year 2003, unless
a level below such number is expressly required by law.
``(C) For any fiscal year, the level of funding allocated to the
office within the Department of Defense may not be below the level
requested for such purposes in the President's budget for fiscal year
2003, unless such a level of funding is expressly required by law.''.
[[Page 116 STAT. 2552]]
(b) Name of Office.--Such subsection is further amended by inserting
after the first sentence of paragraph (1) the following new sentence:
``Such office shall be known as the Defense Prisoner of War/Missing
Personnel Office.''.
SEC. 552. THREE-YEAR FREEZE ON REDUCTIONS OF PERSONNEL OF AGENCIES
RESPONSIBLE FOR REVIEW AND CORRECTION OF MILITARY RECORDS.
(a) In General.--Chapter 79 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1559. Personnel limitation
``(a) Limitation.--During fiscal years 2003, 2004, and 2005, the
Secretary of a military department may not carry out any reduction in
the number of military and civilian personnel assigned to duty with the
service review agency for that military department below the baseline
number for that agency until--
``(1) the Secretary submits to Congress a report that--
``(A) describes the reduction proposed to be made;
``(B) provides the Secretary's rationale for that
reduction; and
``(C) specifies the number of such personnel that
would be assigned to duty with that agency after the
reduction; and
``(2) a period of 90 days has elapsed after the date on
which the report is submitted.
``(b) Baseline Number.--The baseline number for a service review
agency under this section is--
``(1) for purposes of the first report with respect to a
service review agency under this section, the number of military
and civilian personnel assigned to duty with that agency as of
January 1, 2002; and
``(2) for purposes of any subsequent report with respect to
a service review agency under this section, the number of such
personnel specified in the most recent report with respect to
that agency under this section.
``(c) Service Review Agency Defined.--In this section, the term
`service review agency' means--
``(1) with respect to the Department of the Army, the Army
Review Boards Agency;
``(2) with respect to the Department of the Navy, the Board
for Correction of Naval Records; and
``(3) with respect to the Department of the Air Force, the
Air Force Review Boards Agency.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1559. Personnel limitation.''.
SEC. 553. AUTHORITY FOR ACCEPTANCE OF VOLUNTARY SERVICES OF INDIVIDUALS
AS PROCTORS FOR ADMINISTRATION OF ARMED SERVICES VOCATIONAL
APTITUDE BATTERY TEST.
Section 1588(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
[[Page 116 STAT. 2553]]
``(6) Voluntary services as a proctor for administration to
secondary school students of the test known as the `Armed
Services Vocational Aptitude Battery'.''.
SEC. 554. EXTENSION OF TEMPORARY EARLY RETIREMENT AUTHORITY.
Effective <<NOTE: Effective date. 10 USC 1293 note.>> January 1,
2002, section 4403(i) of the National Defense Authorization Act for
Fiscal Year 1993 (10 U.S.C. 1293 note) is amended by striking ``December
31, 2001'' and inserting ``September 1, 2002''.
Subtitle G--Matters Relating to Minorities and Women in the Armed Forces
SEC. 561. SURVEYS OF RACIAL AND ETHNIC ISSUES AND OF GENDER ISSUES IN
THE ARMED FORCES.
(a) Division of Annual Survey Into Four Quadrennial Surveys.--(1)
Section 481 of title 10, United States Code, is amended to read as
follows:
``Sec. 481. Racial and ethnic issues; gender issues: surveys
``(a) In General.--(1) The Secretary of Defense shall carry out four
quadrennial surveys (each in a separate year) in accordance with this
section to identify and assess racial and ethnic issues and
discrimination, and to identify and assess gender issues and
discrimination, among members of the armed forces. Each such survey
shall be conducted so as to identify and assess the extent (if any) of
activity among such members that may be seen as so-called `hate group'
activity.
``(2) The four surveys shall be as follows:
``(A) To identify and assess racial and ethnic issues and
discrimination among members of the armed forces serving on
active duty.
``(B) To identify and assess racial and ethnic issues and
discrimination among members of the armed forces in the reserve
components.
``(C) To identify and assess gender issues and
discrimination among members of the armed forces serving on
active duty.
``(D) To identify and assess gender issues and
discrimination members of the armed forces in the reserve
components.
``(3) The surveys under this section relating to racial and ethnic
issues and discrimination shall be known as the `Armed Forces Workplace
and Equal Opportunity Surveys'. The surveys under this section relating
to gender issues and discrimination shall be known as the `Armed Forces
Workplace and Gender Relations Surveys'.
``(4) Each survey under this section shall be conducted separately
from any other survey conducted by the Department of Defense.
``(b) Armed Forces Workplace and Equal Opportunity Surveys.--The
Armed Forces Workplace and Equal Opportunity Surveys shall be conducted
so as to solicit information on racial and ethnic issues, including
issues relating to harassment and discrimination, and the climate in the
armed forces for forming professional relationships among members of the
armed forces of various racial
[[Page 116 STAT. 2554]]
and ethnic groups. Both such surveys shall be conducted so as to solicit
information on the following:
``(1) Indicators of positive and negative trends for
professional and personal relationships among members of all
racial and ethnic groups.
``(2) The effectiveness of Department of Defense policies
designed to improve relationships among all racial and ethnic
groups.
``(3) The effectiveness of current processes for complaints
on and investigations into racial and ethnic discrimination.
``(c) Armed Forces Workplace and Gender Relations Surveys.--The
Armed Forces Workplace and Gender Relations Surveys shall be conducted
so as to solicit information on gender issues, including issues relating
to gender-based harassment and discrimination, and the climate in the
armed forces for forming professional relationships between male and
female members of the armed forces. Both such surveys shall be conducted
so as to solicit information on the following:
``(1) Indicators of positive and negative trends for
professional and personal relationships between male and female
members of the armed forces.
``(2) The effectiveness of Department of Defense policies
designed to improve professional relationships between male and
female members of the armed forces.
``(3) The effectiveness of current processes for complaints
on and investigations into gender-based discrimination.
``(d) Surveys To Be Conducted in Different Years.--Each of the four
quadrennial surveys conducted under this section shall be conducted in a
different year from any other survey conducted under this section, so
that one such survey is conducted during each year.
``(e) Reports to Congress.--Upon the completion of a survey under
this section, the Secretary shall submit to Congress a report containing
the results of the survey.
``(f) Inapplicability to Coast Guard.--This section does not apply
to the Coast Guard.''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 23 of such title is amended to read as follows:
``481. Racial and ethnic issues; gender issues: surveys.''.
(b) Effective <<NOTE: 10 USC 481 note.>> Date.--The first survey
under section 481 of title 10, United States Code, as amended by
subsection (a)(1), shall be carried out during 2003.
SEC. 562. <<NOTE: 10 USC 481 note.>> ANNUAL REPORT ON STATUS OF FEMALE
MEMBERS OF THE ARMED FORCES.
(a) Requirement for Report.--The Secretary of Defense shall submit
to Congress, for each of fiscal years 2002 through 2006, a report on the
status of female members of the Armed Forces. Information in the annual
report shall be shown for the Department of Defense as a whole and
separately for each of the Army, Navy, Air Force, and Marine Corps.
(b) Matters To Be Included.--The report for a fiscal year under
subsection (a) shall include the following information:
[[Page 116 STAT. 2555]]
(1) The positions, weapon systems, and fields of skills for
which, by policy, female members are not eligible for
assignment, as follows:
(A) In the report for fiscal year 2002--
(i) an identification of each position, weapon
system, and field of skills for which, by policy,
female members are not eligible; and
(ii) the rationale for the applicability of
the policy to each such position, weapon system,
and field.
(B) In the report for each fiscal year after fiscal
year 2002, the positions, weapon systems, and fields for
which policy on the eligibility of female members for
assignment has changed during that fiscal year,
including a discussion of how the policy has changed and
the rationale for the change.
(2) Information on joint spouse assignments, as follows:
(A) The number of cases in which members of the
Armed Forces married to each other are in assignments to
which they were jointly assigned during that fiscal
year, as defined in the applicable Department of Defense
and military department personnel assignment policies.
(B) The number of cases in which members of the
Armed Forces married to each other are in assignments to
which they were assigned during that fiscal year, but
were not jointly assigned (as so defined).
(3) Promotion selection rates for female members, for male
members, and for all personnel in the reports submitted by
promotion selection boards in that fiscal year for promotion to
grades E-7, E-8, and E-9, and, in the case of commissioned
officers, promotion to grades O-4, O-5, and O-6.
(4) Retention rates for female members in each grade and for
male members in each grade during that fiscal year.
(5) Selection rates for female members and for male members
for assignment to grade O-6 and grade O-5 command positions in
reports of command selection boards that were submitted during
that fiscal year.
(6) Selection rates for female members and for male members
for attendance at intermediate service schools (ISS) and,
separately, for attendance at senior service schools (SSS) in
reports of selection boards that were submitted during that
fiscal year.
(7) The extent of assignments of female members during that
fiscal year in each field in which at least 80 percent of the
Armed Forces personnel assigned in the field are men.
(8) The incidence of sexual harassment complaints made
during that fiscal year, stated as the number of cases in which
complaints of sexual harassment were filed under procedures of
military departments that are applicable to the submission of
sexual harassment complaints, together with the number and
percent of the complaints that were substantiated.
(9) Satisfaction (based on surveys) of female active-duty
members, female dependents of active-duty members, and female
dependents of nonactive duty members entitled to health care
provided by the Department of Defense with access to, and
quality of, women's health care benefits provided by the
Department of Defense.
[[Page 116 STAT. 2556]]
(c) Time <<NOTE: Deadline.>> for Report.--The report for a fiscal
year under this section shall be submitted not later than 120 days after
the end of that fiscal year.
SEC. 563. WEAR OF ABAYAS BY FEMALE MEMBERS OF THE ARMED FORCES IN SAUDI
ARABIA.
(a) Prohibition Relating to Wear of Abayas.--No member of the Armed
Forces having authority over a member of the Armed Forces and no officer
or employee of the United States having authority over a member of the
Armed Forces may require or encourage that member to wear the abaya
garment or any part of the abaya garment while the member is in the
Kingdom of Saudi Arabia pursuant to a permanent change of station or
orders for temporary duty.
(b) Instruction.--(1) The Secretary of Defense shall provide each
female member of the Armed Forces ordered to a permanent change of
station or temporary duty in the Kingdom of Saudi Arabia with
instruction regarding the prohibition in subsection (a). Such
instruction shall be provided immediately upon or not more than 48 hours
prior to the arrival of the member at a United States military
installation within the Kingdom of Saudi Arabia. The instruction shall
be presented orally and in writing. The written instruction shall
include the full text of this section.
(2) In carrying out paragraph (1), the Secretary shall act through
the Commander in Chief, United States Central Command and Joint Task
Force Southwest Asia, and the commanders of the Army, Navy, Air Force,
and Marine Corps components of the United States Central Command and
Joint Task Force Southwest Asia.
(c) Prohibition on Use of Funds for Procurement of Abayas.--Funds
appropriated or otherwise made available to the Department of Defense
may not be used to procure abayas for regular or routine issuance to
members of the Armed Forces serving in the Kingdom of Saudi Arabia or
for any personnel of contractors accompanying the Armed Forces in the
Kingdom of Saudi Arabia in the performance of contracts entered into by
the United States with such contractors.
Subtitle H--Benefits
SEC. 571. DEPARTMENT OF DEFENSE SUPPORT FOR PERSONS PARTICIPATING IN
MILITARY FUNERAL HONORS DETAILS.
Section 1491(d) of title 10, United States Code, is amended--
(1) by striking ``To provide a'' after ``Support.--'' and
inserting ``(1) To support a'';
(2) by redesignating paragraph (1) as subparagraph (A) and
amending such subparagraph, as so redesignated, to read as
follows:
``(A) For a person who participates in a funeral honors
detail (other than a person who is a member of the armed forces
not in a retired status or an employee of the United States),
either transportation (or reimbursement for transportation) and
expenses or the daily stipend prescribed under paragraph (2).'';
(3) by redesignating paragraph (2) as subparagraph (B) and
in that subparagraph--
[[Page 116 STAT. 2557]]
(A) by striking ``Materiel, equipment, and training
for'' and inserting ``For''; and
(B) by inserting before the period at the end ``and
for members of the armed forces in a retired status,
materiel, equipment, and training'';
(4) by redesignating paragraph (3) as subparagraph (C) and
in that subparagraph--
(A) by striking ``Articles of clothing for'' and
inserting ``For''; and
(B) by inserting ``, articles of clothing'' after
``subsection (b)(2)''; and
(5) by adding at the end the following new paragraphs:
``(2) The Secretary of Defense shall prescribe annually a flat rate
daily stipend for purposes of paragraph (1)(A). Such stipend shall be
set at a rate so as to encompass typical costs for transportation and
other miscellaneous expenses for persons participating in funeral honors
details who are members of the armed forces in a retired status and
other persons who are not members of the armed forces or employees of
the United States.
``(3) A stipend paid under this subsection to a member of the armed
forces in a retired status is in addition to any compensation to which
the member is entitled under section 435(a)(2) of title 37 and any other
compensation to which the member may be entitled.''.
SEC. 572. EMERGENCY LEAVE OF ABSENCE PROGRAM.
(a) In General.--Chapter 40 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 709. Emergency leave of absence
``(a) Emergency Leave of Absence.--The Secretary concerned may grant
a member of the armed forces emergency leave of absence for a qualifying
emergency.
``(b) Limitations.--An emergency leave of absence under this
section--
``(1) may be granted only once for any member;
``(2) may be granted only to prevent the member from
entering unearned leave status or excess leave status; and
``(3) may not extend for a period of more than 14 days.
``(c) Qualifying Emergency.--In this section, the term `qualifying
emergency', with respect to a member of the armed forces, means a
circumstance that--
``(1) is due to--
``(A) a medical condition of a member of the
immediate family of the member; or
``(B) any other hardship that the Secretary
concerned determines appropriate for purposes of this
section; and
``(2) is verified to the Secretary's satisfaction based upon
information or opinion from a source in addition to the member
that the Secretary considers to be objective and reliable.
``(d) Military Department Regulations.--Regulations prescribed under
this section by the Secretaries of the military department shall be as
uniform as practicable and shall be subject to approval by the Secretary
of Defense.
``(e) Definitions.--In this section:
``(1) The term `unearned leave status' means leave approved
to be used by a member of the armed forces that exceeds
[[Page 116 STAT. 2558]]
the amount of leave credit that has been accrued as a result of
the member's active service and that has not been previously
used by the member.
``(2) The term `excess leave status' means leave approved to
be used by a member of the armed forces that is unearned leave
for which a member is unable to accrue leave credit during the
member's current term of service before the member's
separation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``709. Emergency leave of absence.''.
SEC. 573. ENHANCED FLEXIBILITY IN MEDICAL LOAN REPAYMENT PROGRAM.
(a) Eligible Persons.--Subsection (d) of section 2173 of title 10,
United States Code, is amended by striking ``Participants'' and all that
follows through ``and students'' and inserting ``Students''.
(b) Loan Repayment Amounts.--Subsection (e)(2) of such section is
amended by striking the last sentence.
SEC. 574. DESTINATIONS AUTHORIZED FOR GOVERNMENT PAID TRANSPORTATION OF
ENLISTED PERSONNEL FOR REST AND RECUPERATION ABSENCE UPON
EXTENDING DUTY AT DESIGNATED LOCATIONS OVERSEAS.
(a) Expansion of Benefits.--Subsection (b)(2) of section 705 of
title 10, United States Code, is amended by inserting before the period
at the end the following: ``, or to an alternative destination and
return at a cost not to exceed the cost of round-trip transportation
from the location of the extended tour of duty to such nearest port''.
(b) Change in Terminology.--(1) Subsection (b) of such section is
further amended by striking ``recuperative'' in paragraphs (1) and (2)
and inserting ``recuperation''.
(2)(A) The heading of such section is amended to read as follows:
``Sec. 705. Rest and recuperation absence: qualified enlisted members
extending duty at designated locations
overseas''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 40 of such title is amended to read as follows:
``705. Rest and recuperation absence: qualified enlisted members
extending duty at designated locations overseas.''.
SEC. 575. VEHICLE STORAGE IN LIEU OF TRANSPORTATION WHEN MEMBER IS
ORDERED TO A NONFOREIGN DUTY STATION OUTSIDE CONTINENTAL
UNITED STATES.
(a) Storage Costs Authorized.--Subsection (b) of section 2634 of
title 10, United States Code, is amended by striking paragraphs (1) and
(2) and inserting the following:
``(b)(1) When a member receives a vehicle storage qualifying order,
the member may elect to have a motor vehicle described in subsection (a)
stored at the expense of the United States at a location approved by the
Secretary concerned. In the case of a vehicle storage qualifying order
that is to make a change of
[[Page 116 STAT. 2559]]
permanent station, such storage is in lieu of transportation authorized
by subsection (a).
``(2) In this subsection, the term `vehicle storage qualifying
order' means any of the following:
``(A) An order to make a change of permanent station to a
foreign country in a case in which the laws, regulations, or
other restrictions imposed by the foreign country or by the
United States either--
``(i) preclude entry of a motor vehicle described in
subsection (a) into that country; or
``(ii) would require extensive modification of the
vehicle as a condition to entry.
``(B) An order to make a change of permanent station to a
nonforeign area outside the continental United States in a case
in which the laws, regulations, or other restrictions imposed by
that area or by the United States either--
``(i) preclude entry of a motor vehicle described in
subsection (a) into that area; or
``(ii) would require extensive modification of the
vehicle as a condition to entry.
``(C) An order under which a member is transferred or
assigned in connection with a contingency operation to duty at a
location other than the permanent station of the member for a
period of more than 30 consecutive days but which is not
considered a change of permanent station.''.
(b) Nonforeign Area Outside the Continental United States Defined.--
Subsection (h) of such section is amended by adding at the end the
following new paragraph:
``(3) The term `nonforeign area outside the continental
United States' means any of the following: the States of Alaska
and Hawaii, the Commonwealths of Puerto Rico and the Northern
Mariana Islands, and any possession of the United States.''.
(c) Effective <<NOTE: 10 USC 2634 note.>> Date.--The amendments made
by this section apply to orders to make a change of permanent station to
a nonforeign area outside the continental United States (as such term is
defined in subsection (h)(3) of section 2634 of title 10, United States
Code, as added by subsection (b)) that are issued on or after the date
of the enactment of this Act.
Subtitle I--Reports
SEC. 581. QUADRENNIAL QUALITY OF LIFE REVIEW.
(a) Requirement for Review.--(1) Chapter 2 of title 10, United
States Code, is amended by inserting after section 118 the following new
section:
``Sec. 118a. Quadrennial quality of life review
``(a) Review Required.--(1) The Secretary of Defense shall every
four years conduct a comprehensive examination of the quality of life of
the members of the armed forces (to be known as the `quadrennial quality
of life review'). The review shall include examination of the programs,
projects, and activities of the Department of Defense, including the
morale, welfare, and recreation activities.
``(2) The quadrennial quality of life review shall be designed to
result in determinations, and to foster policies and actions, that
[[Page 116 STAT. 2560]]
reflect the priority given the quality of life of members of the armed
forces as a primary concern of the Department of Defense leadership.
``(b) Conduct of Review.--Each quadrennial quality of life review
shall be conducted so as--
``(1) to assess quality of life priorities and issues
consistent with the most recent National Security Strategy
prescribed by the President pursuant to section 108 of the
National Security Act of 1947 (50 U.S.C. 404a);
``(2) to identify actions that are needed in order to
provide members of the armed forces with the quality of life
reasonably necessary to encourage the successful execution of
the full range of missions that the members are called on to
perform under the national security strategy; and
``(3) to identify other actions that have the potential for
improving the quality of life of the members of the armed
forces.
``(c) Considerations.--The Secretary shall consider addressing the
following matters as part of the quadrennial quality of life review:
``(1) Infrastructure.
``(2) Military construction.
``(3) Physical conditions at military installations and
other Department of Defense facilities.
``(4) Budget plans.
``(5) Adequacy of medical care for members of the armed
forces and their dependents.
``(6) Adequacy of housing and the basic allowance for
housing and basic allowance for subsistence.
``(7) Housing-related utility costs.
``(8) Educational opportunities and costs.
``(9) Length of deployments.
``(10) Rates of pay and pay differentials between the pay of
members and the pay of civilians.
``(11) Retention and recruiting efforts.
``(12) Workplace safety.
``(13) Support services for spouses and children.
``(14) Other elements of Department of Defense programs and
Government policies and programs that affect the quality of life
of members.
``(d) Submission <<NOTE: Reports.>> to Congressional Committees.--
(1) The Secretary shall submit a report on each quadrennial quality of
life review to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives. The report
shall include the following:
``(A) The assumptions used in the review.
``(B) The results of the review, including a comprehensive
discussion of how the quality of life of members of the armed
forces affects the national security strategy of the United
States.
``(2) <<NOTE: Deadline.>> The report shall be submitted in the year
following the year in which the review is conducted, but not later than
the date on which the President submits the budget for the next fiscal
year to Congress under section 1105(a) of title 31.''.
[[Page 116 STAT. 2561]]
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 118 the
following new item:
``118a. Quadrennial quality of life review.''.
(b) First <<NOTE: Deadline. 10 USC 118a note.>> Quadrennial Quality
of Life Review.--The first quadrennial quality of life review under
section 118a of title 10, United States Code, as added by subsection
(a), shall be conducted during 2003, and the report on that review
required to be submitted to Congress under subsection (d) of such
section shall be submitted not later than the date on which the
President submits the budget for fiscal year 2005 to Congress.
SEC. 582. REPORT ON DESIRABILITY AND FEASIBILITY OF CONSOLIDATING
SEPARATE COURSES OF BASIC INSTRUCTION FOR JUDGE ADVOCATES.
Not <<NOTE: Deadline.>> later than February 1, 2003, the Secretary
of Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report on the desirability and feasibility of consolidating the separate
Army, Navy, and Air Force courses of basic instruction for judge
advocates into a single course to be conducted at a single location. The
report shall include--
(1) an assessment of the advantages and disadvantages of
such a consolidation;
(2) a recommendation as to whether such a consolidation is
desirable and feasible; and
(3) any proposal for legislative action that the Secretary
considers appropriate for carrying out such a consolidation.
SEC. 583. REPORTS ON EFFORTS TO RESOLVE STATUS OF CAPTAIN MICHAEL SCOTT
SPEICHER, UNITED STATES NAVY.
(a) Reports.--Not <<NOTE: Deadline.>> later than 90 days after the
date of the enactment of this Act, and every 120 days thereafter, the
Secretary of Defense shall submit to Congress a report on the efforts of
the United States Government to determine the status of Captain Michael
Scott Speicher, United States Navy, whose aircraft was shot down over
Iraq on the night of January 17, 1991. Each such report shall be
prepared in consultation with the Secretary of State and the Director of
Central Intelligence.
(b) Period Covered by Reports.--The first report under subsection
(a) shall cover efforts described in that subsection from the time that
Michael Scott Speicher's aircraft was shot down over Iraq until the date
of the report, and each subsequent report shall cover efforts described
in that subsection since the last such report.
(c) Report Elements.--Each report under subsection (a) shall
describe, for the period covered by such report, the following:
(1) All direct and indirect contacts by the United States
Government with the Government of Iraq regarding the status of
Michael Scott Speicher.
(2) Any request made by the United States Government to the
government of another country, including the intelligence
service of such country, for assistance in resolving the status
of Michael Scott Speicher, including the response to such
request.
[[Page 116 STAT. 2562]]
(3) Each current lead on the status of Michael Scott
Speicher, including an assessment of the utility of such lead in
resolving the status of Michael Scott Speicher.
(4) Any cooperation with nongovernmental organizations or
international organizations in resolving the status of Michael
Scott Speicher, including the results of such cooperation.
(d) Form of Reports.--Each report under subsection (a) shall be
submitted in classified or unclassified form. To the extent submitted in
classified form, such report shall include an unclassified summary.
(e) Duration.--The requirement to submit reports under this section
shall cease to be effective upon a final determination regarding the
status of Michael Scott Speicher by the Secretary of Defense.
SEC. 584. REPORT ON VOLUNTEER SERVICES OF MEMBERS OF THE RESERVE
COMPONENTS IN EMERGENCY RESPONSE TO THE TERRORIST ATTACKS OF
SEPTEMBER 11, 2001.
(a) Requirement <<NOTE: Deadline.>> for Report.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on volunteer services described in
subsection (b) that were provided by members of the reserve components
of the Armed Forces, while not in a duty status pursuant to orders,
during the period of September 11 through September 14, 2001. The report
shall include a discussion of any recognition that the Secretary
considers appropriate for those members regarding the provision of such
services.
(b) Covered Volunteer Services.--The volunteer services referred to
in subsection (a) are volunteer services of a military-unique nature
that were provided--
(1) in the vicinity of the site of the World Trade Center,
New York, New York, in support of emergency response to the
terrorist attack on the World Trade Center on September 11,
2001;
(2) in the vicinity of the Pentagon, Arlington, Virginia, in
support of emergency response to the terrorist attack on the
Pentagon on September 11, 2001; or
(3) in the vicinity of Shanksville, Pennsylvania, in support
of emergency response to the terrorist-caused crash of United
Airlines Flight 93 in Shanksville, Pennsylvania, on September
11, 2001.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2003.
Sec. 602. Basic allowance for housing in cases of low-cost or no-cost
moves.
Sec. 603. Rate of basic allowance for subsistence for enlisted personnel
occupying single Government quarters without adequate
availability of meals.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
[[Page 116 STAT. 2563]]
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Increase in maximum rates for certain special pays, bonuses,
and financial assistance for health care professionals.
Sec. 616. Assignment incentive pay.
Sec. 617. Increase in maximum rates for prior service enlistment bonus.
Sec. 618. Retention incentives for health care professionals qualified
in a critical military skill.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Extension of leave travel deferral period for members
performing consecutive overseas tours of duty.
Sec. 622. Transportation of motor vehicles for members reported missing.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 631. Permanent reduction from eight to six in number of years of
reserve service required for eligibility for retired pay for
non-regular service.
Sec. 632. Increased retired pay for enlisted Reserves credited with
extraordinary heroism.
Sec. 633. Elimination of possible inversion in retired pay cost-of-
living adjustment for initial COLA computation.
Sec. 634. Technical revisions to so-called ``forgotten widows'' annuity
program.
Sec. 635. Expansion of authority of Secretary of Defense to waive time
limitations on claims against the Government for military
personnel benefits.
Sec. 636. Special compensation for certain combat-related disabled
uniformed services retirees.
Subtitle E--Montgomery GI Bill
Sec. 641. Time limitation for use of Montgomery GI Bill entitlement by
members of the Selected Reserve.
Sec. 642. Repayment requirements under Reserve Component Montgomery GI
Bill arising from failure to participate satisfactorily in
military service to be considered debts owed to the United
States.
Sec. 643. Technical adjustments to authority for certain members to
transfer educational assistance under Montgomery GI Bill to
dependents.
Subtitle F--Other Matters
Sec. 651. Payment of interest on student loans.
Sec. 652. Additional authority to provide assistance for families of
members of the Armed Forces.
Sec. 653. Repeal of authority for acceptance of honoraria by personnel
at certain Department of Defense schools.
Sec. 654. Addition of definition of continental United States in title
37.
Subtitle A--Pay and Allowances
SEC. 601. <<NOTE: 37 USC 1009 note.>> INCREASE IN BASIC PAY FOR FISCAL
YEAR 2003.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2003 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized members
of the uniformed services shall not be made.
(b) Increase <<NOTE: Effective date.>> in Basic Pay.--Effective on
January 1, 2003, the rates of monthly basic pay for members of the
uniformed services within each pay grade are as follows:
COMMISSIONED OFFICERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-10 \2\........ $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 7,474.50 7,719.30 7,881.60 7,927.20 8,129.40
O-7............. 6,210.90 6,499.20 6,633.00 6,739.20 6,930.90
O-6............. 4,603.20 5,057.10 5,388.90 5,388.90 5,409.60
[[Page 116 STAT. 2564]]
O-5............. 3,837.60 4,323.00 4,622.40 4,678.50 4,864.80
O-4............. 3,311.10 3,832.80 4,088.70 4,145.70 4,383.00
O-3 \3\......... 2,911.20 3,300.30 3,562.20 3,883.50 4,069.50
O-2 \3\......... 2,515.20 2,864.70 3,299.40 3,410.70 3,481.20
O-1 \3\......... 2,183.70 2,272.50 2,746.80 2,746.80 2,746.80
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-10 \2\........ $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 8,468.70 8,547.30 8,868.90 8,961.30 9,238.20
O-7............. 7,120.80 7,340.40 7,559.40 7,779.00 8,468.70
O-6............. 5,641.20 5,672.10 5,672.10 5,994.60 6,564.30
O-5............. 4,977.00 5,222.70 5,403.00 5,635.50 5,991.90
O-4............. 4,637.70 4,954.50 5,201.40 5,372.70 5,471.10
O-3 \3\......... 4,273.50 4,405.80 4,623.30 4,736.10 4,736.10
O-2 \3\......... 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20
O-1 \3\......... 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-10 \2\........ $0.00 $12,077.7 $12,137.1 $12,389.4 $12,829.20
0 0 0
O-9............. 0.00 10,563.60 10,715.70 10,935.60 11,319.60
O-8............. 9,639.00 10,008.90 10,255.80 10,255.80 10,255.80
O-7............. 9,051.30 9,051.30 9,051.30 9,051.30 9,096.90
O-6............. 6,898.80 7,233.30 7,423.50 7,616.10 7,989.90
O-5............. 6,161.70 6,329.10 6,519.60 6,519.60 6,519.60
O-4............. 5,528.40 5,528.40 5,528.40 5,528.40 5,528.40
O-3 \3\......... 4,736.10 4,736.10 4,736.10 4,736.10 4,736.10
O-2 \3\......... 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20
O-1 \3\......... 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for commissioned officers in pay grades 0-7
through O-10 may not exceed the rate of pay for level III of the
Executive Schedule and the actual rate of basic pay for all other
officers may not exceed the rate of pay for level V of the Executive
Schedule.
\2\ Subject to the preceding footnote, the rate of basic pay for an
officer in this grade 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 is $14,155.50, regardless of
cumulative years of service computed under section 205 of title 37,
United States Code.
\3\ This table does not apply to commissioned officers in pay grade O-1,
O-2, or O-3 who have been credited with over 4 years of active duty
service as an enlisted member or warrant officer.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN
ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-3E............ $0.00 $0.00 $0.00 $3,883.50 $4,069.50
O-2E............ 0.00 0.00 0.00 3,410.70 3,481.20
O-1E............ 0.00 0.00 0.00 2,746.80 2,933.70
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-3E............ $4,273.50 $4,405.80 $4,623.30 $4,806.30 $4,911.00
O-2E............ 3,591.90 3,778.80 3,923.40 4,031.10 4,031.10
[[Page 116 STAT. 2565]]
O-1E............ 3,042.00 3,152.70 3,261.60 3,410.70 3,410.70
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-3E............ $5,054.40 $5,054.40 $5,054.40 $5,054.40 $5,054.40
O-2E............ 4,031.10 4,031.10 4,031.10 4,031.10 4,031.10
O-1E............ 3,410.70 3,410.70 3,410.70 3,410.70 3,410.70
------------------------------------------------------------------------
WARRANT OFFICERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,008.10 3,236.10 3,329.10 3,420.60 3,578.10
W-3.............. 2,747.10 2,862.00 2,979.30 3,017.70 3,141.00
W-2.............. 2,416.50 2,554.50 2,675.10 2,763.00 2,838.30
W-1.............. 2,133.90 2,308.50 2,425.50 2,501.10 2,662.50
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,733.50 3,891.00 4,044.60 4,203.60 4,356.00
W-3.............. 3,281.70 3,467.40 3,580.50 3,771.90 3,915.60
W-2.............. 2,993.10 3,148.50 3,264.00 3,376.50 3,453.90
W-1.............. 2,782.20 2,888.40 3,006.90 3,085.20 3,203.40
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
W-5.............. $0.00 $5,169.30 $5,346.60 $5,524.50 $5,703.30
W-4.............. 4,512.00 4,664.40 4,822.50 4,978.20 5,137.50
W-3.............. 4,058.40 4,201.50 4,266.30 4,407.00 4,548.00
W-2.............. 3,579.90 3,705.90 3,831.00 3,957.30 3,957.30
W-1.............. 3,320.70 3,409.50 3,409.50 3,409.50 3,409.50
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for warrant officers may not exceed the rate
of pay for level V of the Executive Schedule.
ENLISTED MEMBERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
E-9 \2\.......... $0.00 $0.00 $0.00 $0.00 $0.00
E-8.............. 0.00 0.00 0.00 0.00 0.00
E-7.............. 2,068.50 2,257.80 2,343.90 2,428.20 2,516.40
E-6.............. 1,770.60 1,947.60 2,033.70 2,117.10 2,204.10
E-5.............. 1,625.40 1,733.70 1,817.40 1,903.50 2,037.00
E-4.............. 1,502.70 1,579.80 1,665.30 1,749.30 1,824.00
E-3.............. 1,356.90 1,442.10 1,528.80 1,528.80 1,528.80
E-2.............. 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00
E-1.............. \3\ 1,150.80 1,150.80 1,150.80 1,150.80
1,150.80
------------------------------------------------------
[[Page 116 STAT. 2566]]
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-9 \2\.......... $0.00 $3,564.30 $3,645.00 $3,747.00 $3,867.00
E-8.............. 2,975.40 3,061.20 3,141.30 3,237.60 3,342.00
E-7.............. 2,667.90 2,753.40 2,838.30 2,990.40 3,066.30
E-6.............. 2,400.90 2,477.40 2,562.30 2,636.70 2,663.10
E-5.............. 2,151.90 2,236.80 2,283.30 2,283.30 2,283.30
E-4.............. 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00
E-3.............. 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80
E-2.............. 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00
E-1.............. 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-9 \2\.......... $3,987.30 $4,180.80 $4,344.30 $4,506.30 $4,757.40
E-8.............. 3,530.10 3,625.50 3,787.50 3,877.50 4,099.20
E-7.............. 3,138.60 3,182.70 3,331.50 3,427.80 3,671.40
E-6.............. 2,709.60 2,709.60 2,709.60 2,709.60 2,709.60
E-5.............. 2,283.30 2,283.30 2,283.30 2,283.30 2,283.30
E-4.............. 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00
E-3.............. 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80
E-2.............. 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00
E-1.............. 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for enlisted members may not exceed the rate
of pay for level V of the Executive Schedule.
\2\ Subject to the preceding footnote, the rate of basic pay for an
enlisted member in this grade 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 is $5,732.70, regardless
of cumulative years of service computed under section 205 of title 37,
United States Code.
\3\ In the case of members in pay grade E-1 who have served less than 4
months on active duty, the rate of basic pay is $1,064.70.
SEC. 602. BASIC ALLOWANCE FOR HOUSING IN CASES OF LOW-COST OR NO-COST
MOVES.
Section 403 of title 37, United States Code, is amended--
(1) by transferring paragraph (7) of subsection (b) to the
end of the section; and
(2) in such paragraph--
(A) by striking ``(7)'' and all that follows through
``circumstances of which make it necessary that the
member be'' and inserting ``(o) Treatment of Low-Cost
and No-Cost Moves as Not Being Reassignments.--In the
case of a member who is assigned to duty at a location
or under circumstances that make it necessary for the
member to be''; and
(B) by inserting ``for the purposes of this
section'' after ``may be treated''.
SEC. 603. RATE OF BASIC ALLOWANCE FOR SUBSISTENCE FOR ENLISTED PERSONNEL
OCCUPYING SINGLE GOVERNMENT QUARTERS WITHOUT ADEQUATE
AVAILABILITY OF MEALS.
Section 402(d) of title 37, United States Code, is amended to read
as follows:
[[Page 116 STAT. 2567]]
``(d) Special Rate for Enlisted Members Occupying Single Quarters
Without Adequate Availability of Meals.--The Secretary of Defense, and
the Secretary of the department in which the Coast Guard is operating,
may pay an enlisted member the basic allowance for subsistence under
this section at a monthly rate that is twice the amount in effect under
subsection (b)(2) while--
``(1) the member is assigned to single Government quarters
which have no adequate food storage or preparation facility in
the quarters; and
``(2) there is no Government messing facility serving those
quarters that is capable of making meals available to the
occupants of the quarters.''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(f ) of title
37, United States Code, is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of such
title is amended by striking ``December 31, 2002'' and inserting
``December 31, 2003''.
(c) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2002'' and inserting ``December 31, 2003''.
(d) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 2002'' and inserting
``December 31, 2003''.
(e) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of such title is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.
(f) Prior Service Enlistment Bonus.--Section 308i(f ) of such title
is amended by striking ``December 31, 2002'' and inserting ``December
31, 2003''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2002'' and inserting ``December 31, 2003''.
(b) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of such title is
amended by striking ``January 1, 2003'' and inserting ``January 1,
2004''.
(c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2002'' and inserting ``December 31, 2003''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2002''
and inserting ``December 31, 2003''.
(e) Special Pay for Selected Reserve Health Professionals in
Critically Short Wartime Specialties.--Section
[[Page 116 STAT. 2568]]
302g(f ) of such title is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.
(f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of such
title is amended by striking ``December 31, 2002'' and inserting
``December 31, 2003''.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking ``December 31, 2002'' and inserting ``December 31,
2003''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2002'' and inserting ``December
31, 2003''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2002'' and inserting
``December 31, 2003''.
SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY AUTHORITIES.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2002'' and inserting
``December 31, 2003''.
(c) Enlistment Bonus for Active Members.--Section 309(e) of such
title is amended by striking ``December 31, 2002'' and inserting
``December 31, 2003''.
(d) Retention Bonus for Members With Critical Military Skills.--
Section 323(i) of such title is amended by striking ``December 31,
2002'' and inserting ``December 31, 2003''.
(e) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of such title is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.
SEC. 615. INCREASE IN MAXIMUM RATES FOR CERTAIN SPECIAL PAYS, BONUSES,
AND FINANCIAL ASSISTANCE FOR HEALTH CARE PROFESSIONALS.
(a) Retention Bonus for Medical Officers.--Section 301d(a)(2) of
title 37, United States Code, is amended by striking ``$14,000'' and
inserting ``$50,000''.
(b) Retention Bonus for Dental Officers.--Section 301e(a)(2) of such
title is amended by striking ``$14,000'' and inserting ``$50,000''.
(c) Incentive Special Pay for Medical Officers.--Section 302(b)(1)
of such title is amended by striking the second sentence and inserting
the following new sentence: ``The amount of incentive special pay paid
to an officer under this subsection may not exceed $50,000 for any 12-
month period.''.
(d) Retention Special Pay Optometrists.--Section 302a(b)(1) of such
title is amended by striking ``$6,000'' and inserting ``$15,000''.
(e) Accession Bonus for Registered Nurses.--Section 302d(a)(2) of
such title is amended by striking ``$5,000'' and inserting ``$30,000''.
[[Page 116 STAT. 2569]]
(f) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``$15,000'' and
inserting ``$50,000''.
(g) Retention Special Pay for Pharmacy Officers.--Section 302i of
such title is amended--
(1) in subsections (a) and (b), by striking ``special pay at
the rates specified in subsection (d)'' both places it appears
and inserting ``retention special pay under this section'';
(2) in subsection (c), by striking ``Limitation.--'' and
inserting ``Limitation on Eligibility for Special Pay.--''; and
(3) by striking subsection (d) and inserting the following
new subsection:
``(d) Limitation on Amount of Special Pay.--The amount of retention
special pay paid to an officer under this section may not exceed $15,000
for any 12-month period.''.
(h) Financial Assistance for Nurse Officer Candidates.--Section
2130a(a) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``$5,000'' in the first
sentence and inserting ``$10,000'' and by striking ``$2,500'' in
the second sentence and inserting ``$5,000''; and
(2) in paragraph (2), by striking ``$500'' and inserting
``$1,000''.
(i) Application <<NOTE: 37 USC 301d note.>> of Increase.--In the
case of an amendment made by this section to increase the maximum amount
of a special pay or bonus that may be paid during any 12-month period,
the amended limitation shall apply to 12-month periods beginning after
September 30, 2002.
SEC. 616. ASSIGNMENT INCENTIVE PAY.
(a) Authority.--(1) Chapter 5 of title 37, United States Code, is
amended by inserting after section 307 the following new section:
``Sec. 307a. Special pay: assignment incentive pay
``(a) Authority.--The Secretary concerned may pay monthly incentive
pay under this section to a member of a uniformed service who performs
service, while entitled to basic pay, in an assignment designated by the
Secretary concerned.
``(b) Written Agreement.--The period for which incentive pay will be
provided under this section and the monthly rate of the incentive pay
for a member shall be specified in a written agreement between the
Secretary concerned and the member. Agreements entered into by the
Secretary of a military department shall require the concurrence of the
Secretary of Defense.
``(c) Maximum Rate.--The maximum monthly rate of incentive pay
payable to a member under this section is $1,500.
``(d) Relationship to Other Pay and Allowances.--Incentive pay paid
to a member under this section is in addition to any other pay and
allowances to which the member is entitled.
``(e) Status Not Affected by Temporary Duty or Leave.--The service
of a member in an assignment referred to in subsection (a) shall not be
considered discontinued during any period that the member is not
performing service in the assignment by reason of temporary duty
performed by the member pursuant to orders or absence of the member for
authorized leave.
``(f) Termination of Authority.--No agreement under this section may
be entered into after December 31, 2005.''.
[[Page 116 STAT. 2570]]
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 307 the
following new item:
``307a. Special pay: assignment incentive pay.''.
(b) Annual <<NOTE: Deadlines. 37 USC 307a note.>> Report.--Not later
than February 28, 2004, and February 28, 2005, 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 use of the authority provided under section 307a of title 37, United
States Code, as added by subsection (a), including an assessment of the
utility of that authority.
SEC. 617. INCREASE IN MAXIMUM RATES FOR PRIOR SERVICE ENLISTMENT BONUS.
Section 308i(b)(1) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking ``$5,000'' and
inserting ``$8,000'';
(2) in subparagraph (B), by striking ``$2,500'' and
inserting ``$4,000''; and
(3) in subparagraph (C), by striking ``$2,000'' and
inserting ``$3,500''.
SEC. 618. RETENTION INCENTIVES FOR HEALTH CARE PROFESSIONALS QUALIFIED
IN A CRITICAL MILITARY SKILL.
(a) Exception to Limitation on Maximum Bonus Amount.--Subsection (d)
of section 323 of title 37, United States Code, is amended--
(1) by inserting ``(1)'' before ``A member''; and
(2) by adding at the end the following new paragraph:
``(2) The limitation in paragraph (1) on the total bonus payments
that a member may receive under this section does not apply with respect
to an officer who is assigned duties as a health care professional.''.
(b) Exception to Years of Service Limitation.--Subsection (e) of
such section is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) by inserting ``(1)'' before ``A retention''; and
(3) by adding at the end the following new paragraph:
``(2) The limitations in paragraph (1) do not apply with respect to
an officer who is assigned duties as a health care professional during
the period of active duty for which the bonus is being offered.''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. EXTENSION OF LEAVE TRAVEL DEFERRAL PERIOD FOR MEMBERS
PERFORMING CONSECUTIVE OVERSEAS TOURS OF DUTY.
(a) Authorized Deferral Period.--Section 411b of title 37, United
States Code is amended by inserting after subsection (a) the following
new subsection:
``(b) Authority to Defer Travel; Limitations.--(1) Under the
regulations referred to in subsection (a), a member may defer
[[Page 116 STAT. 2571]]
the travel for which the member is paid travel and transportation
allowances under this section until any time before the completion of
the consecutive tour at the same duty station or the completion of the
tour of duty at the new duty station under the order involved, as the
case may be.
``(2) If a member is unable to undertake the travel before
expiration of the deferral period under paragraph (1) because of duty in
connection with a contingency operation, the member may defer the travel
until not more than one year after the date on which the member's duty
in connection with the contingency operation ends.''.
(b) Conforming and Clerical Amendments.--Such section is further
amended--
(1) in subsection (a)--
(A) by striking ``(a)(1)'' and inserting ``(a)
Allowances Authorized.--''; and
(B) by striking paragraph (2); and
(2) by striking ``(b) The allowances'' and inserting ``(c)
Limitation on Allowance Rate.--The allowances''.
(c) Application <<NOTE: 37 USC 411b note.>> of Amendment.--
Subsection (b) of section 411b of title 37, United States Code, as added
by subsection (a), shall apply with respect to members of the uniformed
services in a deferred leave travel status under such section as of the
date of the enactment of this Act or becomes entitled to travel and
transportation allowances under such section on or after that date.
SEC. 622. TRANSPORTATION OF MOTOR VEHICLES FOR MEMBERS REPORTED MISSING.
(a) Authority To Ship Two Motor Vehicles.--Subsection (a) of section
554 of title 37, United States Code, is amended by striking ``one
privately owned motor vehicle'' both places it appears and inserting
``two privately owned motor vehicles''.
(b) Payments for Late Delivery.--Subsection (i) of such section is
amended by adding at the end the following new sentence: ``In a case in
which two motor vehicles of a member (or the dependent or dependents of
a member) are transported at the expense of the United States, no
reimbursement is payable under this subsection unless both motor
vehicles do not arrive at the authorized destination of the vehicles by
the designated delivery date.''.
(c) Applicability.--The <<NOTE: 37 USC 554 note.>> amendments made
by subsection (a) shall apply with respect to members whose eligibility
for benefits under section 554 of title 37, United States Code,
commences on or after the date of the enactment of this Act.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 631. PERMANENT REDUCTION FROM EIGHT TO SIX IN NUMBER OF YEARS OF
RESERVE SERVICE REQUIRED FOR ELIGIBILITY FOR RETIRED PAY FOR
NON-REGULAR SERVICE.
(a) Reduction in Requirement for Years of Reserve Component Service
Before Retired Pay Eligibility.--Subsection (a)(3) of section 12731 of
title 10, United States Code, is amended--
(1) by striking ``eight years'' and inserting ``six years'';
and
[[Page 116 STAT. 2572]]
(2) by inserting before the semicolon ``, except that in the
case of a person who completed the service requirements of
paragraph (2) before October 5, 1994, the number of years of
such qualifying service under this paragraph shall be eight''.
(b) Conforming Amendment.--Subsection (f) of such section is
repealed.
(c) Effective <<NOTE: 10 USC 12731 note.>> Date.--The amendments
made by subsection (a) shall take effect on October 1, 2002. No benefit
shall accrue to any person for any period before that date by reason of
the enactment of those amendments.
SEC. 632. INCREASED RETIRED PAY FOR ENLISTED RESERVES CREDITED WITH
EXTRAORDINARY HEROISM.
(a) Authority.--Section 12739 of title 10, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) If a person entitled to retired pay under this chapter has
been credited by the Secretary concerned with extraordinary heroism in
the line of duty and if the highest grade held satisfactorily by that
person at any time in the armed forces is an enlisted grade, the
person's retired pay shall be increased by 10 percent of the amount
determined under subsection (a). The Secretary's determination as to
extraordinary heroism is conclusive for all purposes.''.
(b) Conforming Amendment.--Subsection (c) of such section, as
redesignated by subsection (a)(1), is amended by striking ``amount
computed under subsection (a)'' and inserting ``total amount of the
monthly retired pay computed under subsections (a) and (b)''.
(c) Effective <<NOTE: 10 USC 12739 note.>> Date.--The amendments
made by subsections (a) and (b) shall take effect on October 1, 2002,
and shall apply with respect to retired pay for months beginning on or
after that date.
SEC. 633. ELIMINATION OF POSSIBLE INVERSION IN RETIRED PAY COST-OF-
LIVING ADJUSTMENT FOR INITIAL COLA COMPUTATION.
(a) Elimination of Possible COLA Inversion.--Section 1401a of title
10, United States Code, is amended--
(1) in subsections (c)(1), (d), and (e), by inserting ``but
subject to subsection (f)(2)'' after ``Notwithstanding
subsection (b)'';
(2) in subsection (c)(2), by inserting ``(subject to
subsection (f)(2) as applied to other members whose retired pay
is computed on the current rates of basic pay in the most recent
adjustment under this section)'' after ``shall be increased'';
and
(3) in subsection (f)--
(A) by designating the text after the subsection
heading as paragraph (1), indenting that text two ems,
and inserting ``Prevention of retired pay inversions.--
'' before ``Notwithstanding''; and
(B) by adding at the end the following new
paragraph:
``(2) Prevention of cola inversions.--The percentage of the
first adjustment under this section in the retired pay of any
person, as determined under subsection (c)(1), (c)(2), (d),
[[Page 116 STAT. 2573]]
or (e), may not exceed the percentage increase in retired pay
determined under subsection (b)(2) that is effective on the same
date as the effective date of such first adjustment.''.
(b) Technical Amendments.--Such section is further amended--
(1) in subsection (d), by inserting ``or on or after August
1, 1986, if the member or former member did not elect to receive
a bonus under section 322 of title 37'' after ``August 1,
1986,''; and
(2) in subsection (e), by inserting ``and elected to receive
a bonus under section 322 of title 37'' after ``August 1,
1986,''.
SEC. 634. <<NOTE: 10 USC 1448 note.>> TECHNICAL REVISIONS TO SO-CALLED
``FORGOTTEN WIDOWS'' ANNUITY PROGRAM.
(a) Clarification of Eligibility.--Subsection (a)(1) of section 644
of the National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 10 U.S.C. 1448 note) is amended--
(1) in subparagraph (A), by inserting after ``(A)'' the
following: ``became entitled to retired or retainer pay before
September 21, 1972,''; and
(2) in subparagraph (B), by striking ``was a member of a
reserve component of the Armed Forces'' and inserting ``died''.
(b) Clarification of Interaction With Other Benefits.--(1)
Subsection (a)(2) of such section is amended by striking ``and who'' and
all that follows through ``note)''.
(2) Subsection (b)(2) of such section is amended to read as follows:
``(2) The amount of an annuity to which a surviving spouse is
entitled under this section for any period shall be reduced (but not
below zero) by any amount paid to that surviving spouse for the same
period under any of the following provisions of law:
``(A) Section 1311(a) of title 38, United States Code
(relating to dependency and indemnity compensation payable by
the Secretary of Veterans Affairs).
``(B) Chapter 73 of title 10, United States Code.
``(C) Section 4 of Public Law 92-425 (10 U.S.C. 1448
note).''.
(c) Clarification of Definition of Surviving Spouse.--Subsection
(d)(2) of such section is amended by striking ``the terms'' and all that
follows through ``and (8)'' and inserting ``such term in paragraph
(9)''.
(d) Specification in Law of Current Benefit Amount.--Subsection (b)
of such section is amended--
(1) in paragraph (1), by striking ``$165'' and inserting
``$185.58''; and
(2) in paragraph (3)--
(A) by striking ``the date of the enactment of this
Act'' and inserting ``May 1, 2002,''; and
(B) by striking the last sentence.
(e) Specification of Enactment Month.--Subsection (e) of such
section is amended--
(1) in paragraph (1), by striking ``the month in which this
Act is enacted'' and inserting ``November 1997''; and
(2) in paragraph (2), by striking ``the first month that
begins after the month in which this Act is enacted'' and
inserting ``December 1997''.
[[Page 116 STAT. 2574]]
SEC. 635. EXPANSION OF AUTHORITY OF SECRETARY OF DEFENSE TO WAIVE TIME
LIMITATIONS ON CLAIMS AGAINST THE GOVERNMENT FOR MILITARY
PERSONNEL BENEFITS.
(a) Authority for Waiver of Time Limitations.--Paragraph (1) of
section 3702(e) of title 31, United States Code, is amended by striking
``a claim'' and all that follows through ``title 10'' and inserting ``a
claim referred to in subsection (a)(1)(A)''.
(b) Technical Amendments.--(1) Such paragraph is further amended--
(A) by striking ``Upon the request'' and all that follows
through ``the Secretary of Defense'' and inserting ``The
Secretary of Defense'';
(B) by striking ``and, subject to paragraph (2), settle the
claim''; and
(C) by adding at the end the following new sentence: ``In
the case of a claim by or with respect to a member of the
uniformed services who is not under the jurisdiction of the
Secretary of a military department, such a waiver may be made
only upon the request of the Secretary concerned (as defined in
section 101 of title 37).''.
(2) Paragraph (2) of such section is amended--
(A) by striking ``under paragraph (1)' and inserting ``under
subsection (a)(1)(A)''; and
(B) by inserting before the period at the end the following:
``, except that in the case of a claim for retired pay or
survivor benefits, if the obligation claimed would have been
paid from a trust fund if timely paid, the payment of the claim
shall be made from that trust fund''.
(c) Effective <<NOTE: 31 USC 3702 note.>> Date.--The amendment made
by subsection (a) shall apply with respect to claims against the United
States presented to the Secretary of Defense under section 3702 of title
31, United States Code, on or after the date of the enactment of this
Act.
SEC. 636. SPECIAL COMPENSATION FOR CERTAIN COMBAT-RELATED DISABLED
UNIFORMED SERVICES RETIREES.
(a) Authority.--(1) Chapter 71 of title 10, United States Code, is
amended by inserting after section 1413 the following new section:
``Sec. 1413a. Special compensation for certain combat-related disabled
uniformed services retirees
``(a) Authority.--The Secretary concerned shall pay to each eligible
combat-related disabled uniformed services retiree who elects benefits
under this section a monthly amount for the combat-related disability of
the retiree determined under subsection (b).
``(b) Amount.--
``(1) Determination of monthly amount.--Subject to
paragraphs (2) and (3), the monthly amount to be paid an
eligible combat-related disabled uniformed services retiree for
a combat-related disability under subsection (a) is the monthly
amount of compensation to which the retiree would be entitled
solely for the combat-related disability consistent with chapter
11 of title 38.
``(2) Maximum amount.--The amount paid to an eligible
combat-related disabled uniformed services retiree for any month
under paragraph (1) may not exceed the amount of
[[Page 116 STAT. 2575]]
the reduction in retired pay that is applicable to the retiree
for that month under sections 5304 and 5305 of title 38.
``(3) Special rules for chapter 61 disability retirees.--In
the case of an eligible combat-related disabled uniformed
services retiree who is retired under chapter 61 of this title,
the amount of the payment under paragraph (1) for any month
shall be reduced by the amount (if any) by which 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) Eligible Retirees.--For purposes of this section, an eligible
combat-related disabled uniformed services retiree referred to in
subsection (a) is a member of the uniformed services entitled to retired
pay who--
``(1) has completed at least 20 years of service in the
uniformed services that are creditable for purposes of computing
the amount of retired pay to which the member is entitled; and
``(2) has a qualifying combat-related disability.
``(d) Procedures.--The Secretary of Defense shall prescribe
procedures and criteria under which a disabled uniformed services
retiree may apply to the Secretary of a military department to be
considered to be an eligible combat-related disabled uniformed services
retiree. Such procedures shall apply uniformly throughout the Department
of Defense.
``(e) Qualifying Combat-Related Disability.--In this section, the
term `qualifying combat-related disability' means either of the
following:
``(1) A disability that--
``(A) is attributable to an injury for which the
member was awarded the Purple Heart; and
``(B) is rated as not less than 10 percent
disabling--
``(i) by the Secretary concerned, as of the
date on which the member is retired from the
uniformed services, under criteria prescribed by
the Secretary of Defense; or
``(ii) by the Secretary of Veterans Affairs.
``(2) A service-connected disability that--
``(A) was incurred (as determined under criteria
prescribed by the Secretary of Defense)--
``(i) as a direct result of armed conflict;
``(ii) while engaged in hazardous service;
``(iii) in the performance of duty under
conditions simulating war; or
``(iv) through an instrumentality of war; and
``(B) is rated as not less than 60 percent
disabling--
``(i) by the Secretary concerned, as of the
date on which the member is retired from the
uniformed services, under criteria prescribed by
the Secretary of Defense; or
``(ii) by the Secretary of Veterans Affairs.
``(f) Construction with Special Compensation for Severely Disabled
Uniformed Services Retirees.--
[[Page 116 STAT. 2576]]
``(1) Single source of compensation.--An individual who is
paid special compensation under this section may not receive
special compensation under section 1413 of this title.
``(2) Election of source.--An individual who is eligible for
special compensation under this section and special compensation
under section 1413 of this title shall elect which special
compensation to receive.
``(3) Regulations.--The Secretary of Defense shall prescribe
in regulations the manner and form of an election under this
subsection.
``(g) Status of Payments.--Payments under this section are not
retired pay.
``(h) Source of Payments.--Payments under this section for any
fiscal year shall be paid out of funds appropriated for pay and
allowances payable by the Secretary concerned for that fiscal year.
``(i) Other Definitions.--In this section:
``(1) The term `service-connected' has the meaning given
such term in section 101 of title 38.
``(2) The term `retired pay' includes retainer pay,
emergency officers' retirement pay, and naval pension.''.
(2) <<NOTE: 10 USC 1413a note.>> Section 1413a of title 10, United
States Code, as added by paragraph (1), shall take effect not later than
180 days after the date of the enactment of this Act.
(3) The table of sections at the beginning of chapter 71 of such
title is amended by inserting after the item relating to section 1413
the following new item:
``1413a. Special compensation for certain combat-related disabled
uniformed services retirees.''.
(b) Special Compensation for Certain Severely Disabled Uniformed
Services Retirees.--Section 1413 of title 10, United States Code, is
amended--
(1) by redesignating subsections (e), (f) and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Construction with Special Compensation for Combat-Disabled
Uniformed Services Retirees.--(1) An individual who is paid special
compensation under this section may not receive special compensation
under section 1413a of this title.
``(2) An individual who is eligible for special compensation under
this section and special compensation under section 1413a of this title
shall elect which special compensation to receive.
``(3) <<NOTE: Regulations.>> The Secretary of Defense shall
prescribe in regulations the manner and form of an election under this
subsection.''.
Subtitle E--Montgomery GI Bill
SEC. 641. TIME LIMITATION FOR USE OF MONTGOMERY GI BILL ENTITLEMENT BY
MEMBERS OF THE SELECTED RESERVE.
(a) Extension of Limitation Period.--Section 16133(a)(1) of title
10, United States Code, is amended by striking ``10-year'' and inserting
``14-year''.
[[Page 116 STAT. 2577]]
(b) Effective <<NOTE: 10 USC 16133 note.>> Date and Applicability.--
The amendment made by subsection (a) shall take effect on October 1,
2002, and shall apply with respect to periods of entitlement to
educational assistance under chapter 1606 of title 10, United States
Code, that begin on or after October 1, 1992.
SEC. 642. REPAYMENT REQUIREMENTS UNDER RESERVE COMPONENT MONTGOMERY GI
BILL ARISING FROM FAILURE TO PARTICIPATE SATISFACTORILY IN
MILITARY SERVICE TO BE CONSIDERED DEBTS OWED TO THE UNITED
STATES.
Section 16135 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c)(1) Subject to subsection (a)(2), an obligation to pay a refund
to the United States under subsection (a)(1)(B) in an amount determined
under subsection (b) is, for all purposes, a debt owed to the United
States.
``(2) A discharge in bankruptcy under title 11 that is entered 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, under this subsection.''.
SEC. 643. TECHNICAL ADJUSTMENTS TO AUTHORITY FOR CERTAIN MEMBERS TO
TRANSFER EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL TO
DEPENDENTS.
(a) Clarification of Rate of Educational Assistance for Dependents
to Whom Entitlement is Transferred.--Section 3020(h) of title 38, United
States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``paragraphs (4) and (5)'' and
inserting ``paragraphs (5) and (6)''; and
(B) by striking ``and at the same rate'';
(2) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) Subject to subparagraph (B), the monthly rate of
educational assistance payable to a dependent to whom entitlement is
transferred under this section shall be the monthly amount payable under
sections 3015 and 3022 of this title to the individual making the
transfer.
``(B) The monthly rate of assistance payable to a dependent under
subparagraph (A) shall be subject to the provisions of section 3032 of
this title, except that the provisions of subsection (a)(1) of that
section shall not apply even if the individual making the transfer to
the dependent under this section is on active duty during all or any
part of enrollment period of the dependent in which such entitlement is
used.''.
(b) Source of Funds from Increased Usage.--Section 3035(b) of such
title is amended--
(1) in paragraph (1), by striking ``paragraphs (2) and (3)
of this subsection'' and inserting ``paragraphs (2), (3), and
(4)''; and
(2) by adding at the end the following new paragraph:
``(4) Payments attributable to the increased usage of benefits as a
result of transfers of entitlement to basic educational assistance under
section 3020 of this title shall be made from the Department
[[Page 116 STAT. 2578]]
of Defense Education Benefits Fund established under section 2006 of
title 10 or from appropriations made to the Department of
Transportation, as appropriate.''.
(c) Effective <<NOTE: 38 USC 3020 note.>> Date.--(1) The amendments
made by subsection (a) shall take effect as if included in the enactment
of section 3020 of title 38, United States Code, by section 654(a)(1) of
the National Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1153).
(2) <<NOTE: 38 USC 3035 note.>> The amendments made by subsection
(b) shall take effect as if made by section 654 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1153).
Subtitle F--Other Matters
SEC. 651. PAYMENT OF INTEREST ON STUDENT LOANS.
(a) Authority.--(1) Chapter 109 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2174. Interest payment program: members on active duty
``(a) Authority.--(1) The Secretary concerned may pay in accordance
with this section the interest and any special allowances that accrue on
one or more student loans of an eligible member of the armed forces.
``(2) The Secretary of a military department may exercise the
authority under paragraph (1) only if approved by the Secretary of
Defense and subject to such requirements, conditions, and restrictions
as the Secretary of Defense may prescribe.
``(b) Eligible Members.--A member of the armed forces is eligible
for the benefit under subsection (a) while the member--
``(1) is serving on active duty in fulfillment of the
member's first enlistment in the armed forces or, in the case of
an officer, is serving on active duty and has not completed more
than three years of service on active duty;
``(2) is the debtor on one or more unpaid loans described in
subsection (c); and
``(3) is not in default on any such loan.
``(c) Student Loans.--The authority to make payments under
subsection (a) may be exercised with respect to the following loans:
``(1) A loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et
seq.).
``(2) A loan made under part D of such title (20 U.S.C.
1087a et seq.).
``(3) A loan made under part E of such title (20 U.S.C.
1087aa et seq.).
``(d) Maximum Benefit.--The months for which interest and any
special allowance may be paid on behalf of a member of the armed forces
under this section are any 36 consecutive months during which the member
is eligible under subsection (b).
``(e) Funds for Payments.--Appropriations available for the pay and
allowances of military personnel shall be available for payments under
this section.
``(f) Coordination.--(1) The Secretary of Defense and, with respect
to the Coast Guard when it is not operating as a service in the Navy,
the Secretary of the Department in which the Coast
[[Page 116 STAT. 2579]]
Guard is operating shall consult with the Secretary of Education
regarding the administration of the authority under this section.
``(2) The Secretary concerned shall transfer to the Secretary of
Education the funds necessary--
``(A) to pay interest and special allowances on student
loans under this section (in accordance with sections 428(o),
455(l), and 464(j) of the Higher Education Act of 1965 (20
U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and
``(B) to reimburse the Secretary of Education for any
reasonable administrative costs incurred by the Secretary in
coordinating the program under this section with the
administration of the student loan programs under parts B, D,
and E of title IV of the Higher Education Act of 1965.
``(g) Special Allowance Defined.--In this section, the term `special
allowance' means a special allowance that is payable under section 438
of the Higher Education Act of 1965 (20 U.S.C. 1087-1).''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2174. Interest payment program: members on active duty.''.
(b) Federal Family Education Loans and Direct Loans.--(1) Subsection
(c)(3) of section 428 of the Higher Education Act of 1965 (20 U.S.C.
1078) is amended--
(A) in clause (i) of subparagraph (A)--
(i) by striking ``or'' at the end of subclause (II);
(ii) by inserting ``or'' at the end of subclause
(III); and
(iii) by adding at the end the following new
subclause:
``(IV) is eligible for interest
payments to be made on such loan for
service in the Armed Forces under
section 2174 of title 10, United States
Code, and, pursuant to that eligibility,
the interest is being paid on such loan
under subsection (o);'';
(B) in clause (ii)(II) of subparagraph (A), by inserting
``or (IV)'' after ``clause (i)(II)''; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) shall contain provisions that specify that--
``(i) the form of forbearance granted by the
lender pursuant to this paragraph, other than
subparagraph (A)(i)(IV), shall be temporary
cessation of payments, unless the borrower selects
forbearance in the form of an extension of time
for making payments, or smaller payments than were
previously scheduled; and
``(ii) the form of forbearance granted by the
lender pursuant to subparagraph (A)(i)(IV) shall
be the temporary cessation of all payments on the
loan other than payments of interest on the loan
that are made under subsection (o); and''.
(2) Section 428 of such Act is further amended by adding at the end
the following new subsection:
``(o) Armed Forces Student Loan Interest Payment Program.--
``(1) Authority.--Using funds received by transfer to the
Secretary under section 2174 of title 10, United States Code,
for the payment of interest and any special allowance on a
[[Page 116 STAT. 2580]]
loan to a member of the Armed Forces that is made, insured, or
guaranteed under this part, the Secretary shall pay the interest
and special allowance on such loan as due for a period not in
excess of 36 consecutive months. The Secretary may not pay
interest or any special allowance on such a loan out of any
funds other than funds that have been so transferred.
``(2) Forbearance.--During the period in which the Secretary
is making payments on a loan under paragraph (1), the lender
shall grant the borrower forbearance in accordance with the
guaranty agreement under subsection (c)(3)(A)(i)(IV).
``(3) Special allowance defined.--For the purposes of this
subsection, the term `special allowance', means a special
allowance that is payable with respect to a loan under section
438.''.
(c) Federal Direct Loans.--Section 455 of the Higher Education Act
of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following
new subsection:
``(l) Armed Forces Student Loan Interest Payment Program.--
``(1) Authority.--Using funds received by transfer to the
Secretary under section 2174 of title 10, United States Code,
for the payment of interest on a loan made under this part to a
member of the Armed Forces, the Secretary shall pay the interest
on the loan as due for a period not in excess of 36 consecutive
months. The Secretary may not pay interest on such a loan out of
any funds other than funds that have been so transferred.
``(2) Forbearance.--During the period in which the Secretary
is making payments on a loan under paragraph (1), the Secretary
shall grant the borrower forbearance, in the form of a temporary
cessation of all payments on the loan other than the payments of
interest on the loan that are made under that paragraph.''.
(d) Federal Perkins Loans.--Section 464 of the Higher Education Act
of 1965 (20 U.S.C. 1087dd) is amended--
(1) in subsection (e)--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(3) the borrower is eligible for interest payments to be
made on such loan for service in the Armed Forces under section
2174 of title 10, United States Code, and, pursuant to that
eligibility, the interest on such loan is being paid under
subsection (j), except that the form of a forbearance under this
paragraph shall be a temporary cessation of all payments on the
loan other than payments of interest on the loan that are made
under subsection (j).''; and
(2) by adding at the end the following new subsection:
``(j) Armed Forces Student Loan Interest Payment Program.--
``(1) Authority.--Using funds received by transfer to the
Secretary under section 2174 of title 10, United States Code,
for the payment of interest on a loan made under this part to a
member of the Armed Forces, the Secretary shall pay the interest
on the loan as due for a period not in excess of 36 consecutive
months. The Secretary may not pay interest
[[Page 116 STAT. 2581]]
on such a loan out of any funds other than funds that have been
so transferred.
``(2) Forbearance.--During the period in which the Secretary
is making payments on a loan under paragraph (1), the
institution of higher education shall grant the borrower
forbearance in accordance with subsection (e)(3).''.
(e) Effective <<NOTE: 10 USC 2174 note.>> Date.--The amendments made
by this section shall apply with respect to interest, and any special
allowance under section 438 of the Higher Education Act of 1965, that
accrue for months beginning on or after October 1, 2003, on student
loans described in subsection (c) of section 2174 of title 10, United
States Code (as added by subsection (a)), that were made before, on, or
after such date to members of the Armed Forces who are on active duty
(as defined in section 101(d) of title 10, United States Code) on or
after that date.
SEC. 652. ADDITIONAL AUTHORITY TO PROVIDE ASSISTANCE FOR FAMILIES OF
MEMBERS OF THE ARMED FORCES.
(a) Authority.--(1) Subchapter I of chapter 88 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 1788. Additional family assistance
``(a) Authority.--The Secretary of Defense may provide for the
families of members of the armed forces serving on active duty, in
addition to any other assistance available for such families, any
assistance that the Secretary considers appropriate to ensure that the
children of such members obtain needed child care, education, and other
youth services.
``(b) Primary Purpose of Assistance.--The assistance authorized by
this section should be directed primarily toward providing needed family
support, including child care, education, and other youth services, for
children of members of the Armed Forces who are deployed, assigned to
duty, or ordered to active duty in connection with a contingency
operation.''.
(2) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``1788. Additional family assistance.''.
(b) Effective <<NOTE: 10 USC 1788 note.>> Date.--Section 1788 of
title 10, United States Code, as added by subsection (a), shall take
effect on October 1, 2002.
SEC. 653. REPEAL OF AUTHORITY FOR ACCEPTANCE OF HONORARIA BY PERSONNEL
AT CERTAIN DEPARTMENT OF DEFENSE SCHOOLS.
(a) Repeal of Exemption.--Section 542 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2413; 10 U.S.C. prec. 2161 note) <<NOTE: 10 USC note prec. 2161.>> is
repealed.
(b) Effective <<NOTE: 10 USC note prec. 2161.>> Date.--The repeal
made by subsection (a) shall apply with respect to appearances made,
speeches presented, and articles published on or after October 1, 2002.
SEC. 654. ADDITION OF DEFINITION OF CONTINENTAL UNITED STATES IN TITLE
37.
(a) Definition.--Section 101(1) of title 37, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(1)''; and
[[Page 116 STAT. 2582]]
(2) by adding at the end the following new subparagraph:
``(B) The term `continental United States' means the 48
contiguous States and the District of Columbia.''.
(b) Conforming Amendments.--Title 37, United States Code, is amended
as follows:
(1) Section 314(a)(3) is amended by striking ``the 48
contiguous States and the District of Columbia'' and inserting
``the continental United States''.
(2) Section 403b(i) is amended by striking paragraph (6).
(3) Section 409 is amended by striking subsection (e).
(4) Section 411b(a) is amended by striking ``the 48
contiguous States and the District of Columbia'' both places it
appears and inserting ``the continental United States''.
(5) Section 411d is amended by striking subsection (d).
(6) Section 430 is amended by striking subsection (f) and
inserting the following new subsection (f):
``(f) Definitions.--In this section:
``(1) The term `formal education' means the following:
``(A) A secondary education.
``(B) An undergraduate college education.
``(C) A graduate education pursued on a full-time
basis at an institution of higher education.
``(D) Vocational education pursued on a full-time
basis at a postsecondary vocational institution.
``(2) The term `institution of higher education' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
``(3) The term `postsecondary vocational institution' has
the meaning given that term in section 102(c) of the Higher
Education Act of 1965 (20 U.S.C. 1002(c)).''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Program Improvements
Sec. 701. Elimination of requirement for TRICARE preauthorization of
inpatient mental health care for medicare-eligible
beneficiaries.
Sec. 702. Continued TRICARE eligibility of dependents residing at remote
locations after departure of sponsors for unaccompanied
assignments and eligibility of dependents of reserve
component members ordered to active duty.
Sec. 703. Eligibility of surviving dependents for TRICARE dental program
benefits after discontinuance of former enrollment.
Sec. 704. Department of Defense Medicare-Eligible Retiree Health Care
Fund.
Sec. 705. Approval of medicare providers as TRICARE providers.
Sec. 706. Technical corrections relating to transitional health care for
members separated from active duty.
Sec. 707. Extension of temporary authority to enter into personal
services contracts for the performance of health care
responsibilities at locations other than military medical
treatment facilities.
Sec. 708. Access to health care services for beneficiaries eligible for
TRICARE and Department of Veterans Affairs health care.
Sec. 709. Disclosure of information on Project 112 to Department of
Veterans Affairs.
Subtitle B--Reports
Sec. 711. Claims information.
Sec. 712. Comptroller General report on provision of care under the
TRICARE program.
Sec. 713. Repeal of report requirement.
[[Page 116 STAT. 2583]]
Subtitle C--Department of Defense-Department of Veterans Affairs Health
Resources Sharing
Sec. 721. Revised coordination and sharing guidelines.
Sec. 722. Health care resources sharing and coordination project.
Sec. 723. Report on improved coordination and sharing of health care and
health care resources following domestic acts of terrorism or
domestic use of weapons of mass destruction.
Sec. 724. Interoperability of Department of Veterans Affairs and
Department of Defense pharmacy data systems.
Sec. 725. Joint pilot program for providing graduate medical education
and training for physicians.
Sec. 726. Repeal of certain limits on Department of Veterans Affairs
resources.
Subtitle A--Health Care Program Improvements
SEC. 701. ELIMINATION OF REQUIREMENT FOR TRICARE PREAUTHORIZATION OF
INPATIENT MENTAL HEALTH CARE FOR MEDICARE-ELIGIBLE
BENEFICIARIES.
(a) Elimination of Requirement.--Section 1079(i)(3) of title 10,
United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by striking ``Except in the case of an emergency,'' and
inserting ``Except as provided in subparagraph (B),''; and
(3) by adding at the end the following new subparagraphs:
``(B) Preadmission authorization for inpatient mental health
services is not required under subparagraph (A) in the following cases:
``(i) In the case of an emergency.
``(ii) In a case in which any benefits are payable for such
services under part A of title XVIII of the Social Security Act
(42 U.S.C. 1395c et seq.), subject to subparagraph (C).
``(C) In a case of inpatient mental health services to which
subparagraph (B)(ii) applies, the Secretary shall require advance
authorization for a continuation of the provision of such services after
benefits cease to be payable for such services under such part A.''.
(b) Effective <<NOTE: 10 USC 1079 note.>> Date.--The amendments made
by subsection (a) shall take effect October 1, 2003.
SEC. 702. CONTINUED TRICARE ELIGIBILITY OF DEPENDENTS RESIDING AT REMOTE
LOCATIONS AFTER DEPARTURE OF SPONSORS FOR UNACCOMPANIED
ASSIGNMENTS AND ELIGIBILITY OF DEPENDENTS OF RESERVE
COMPONENT MEMBERS ORDERED TO ACTIVE DUTY.
Section 1079(p) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``dependents referred to
in subsection (a) of a member of the uniformed services referred
to in section 1074(c)(3) of this title who are residing with the
member'' and inserting ``dependents described in paragraph
(3)'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) This subsection applies with respect to a dependent referred
to in subsection (a) who--
[[Page 116 STAT. 2584]]
``(A) is a dependent of a member of the uniformed services
referred to in section 1074(c)(3) of this title and is residing
with the member;
``(B) is a dependent of a member who, after having served in
a duty assignment described in section 1074(c)(3) of this title,
has relocated without the dependent pursuant to orders for a
permanent change of duty station from a remote location
described in subparagraph (B)(ii) of such section where the
member and the dependent resided together while the member
served in such assignment, if the orders do not authorize
dependents to accompany the member to the new duty station at
the expense of the United States and the dependent continues to
reside at the same remote location, or
``(C) is a dependent of a reserve component member ordered
to active duty for a period of more than 30 days and is residing
with the member, and the residence is located more than 50
miles, or approximately one hour of driving time, from the
nearest military medical treatment facility adequate to provide
the needed care.''.
SEC. 703. ELIGIBILITY OF SURVIVING DEPENDENTS FOR TRICARE DENTAL PROGRAM
BENEFITS AFTER DISCONTINUANCE OF FORMER ENROLLMENT.
Section 1076a(k)(2) of title 10, United States Code, is amended by
striking ``if the dependent is enrolled on the date of the death of the
member in a dental benefits plan established under subsection (a)'' and
inserting ``if, on the date of the death of the member, the dependent is
enrolled in a dental benefits plan established under subsection (a) or
is not enrolled in such a plan by reason of a discontinuance of a former
enrollment under subsection (f)''.
SEC. 704. DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH CARE
FUND.
(a) Source of Funds for Monthly Accrual Payments Into the Fund.--
Section 1116(c) of title 10, United States Code, is amended by striking
``health care programs'' and inserting ``pay of members''.
(b) Mandatory Participation of Other Uniformed Services.--Section
1111(c) of such title is amended--
(1) in the first sentence, by striking ``may enter into an
agreement with any other administering Secretary'' and inserting
``shall enter into an agreement with each other administering
Secretary''; and
(2) in the second sentence, by striking ``Any such'' and
inserting ``The''.
SEC. 705. APPROVAL OF MEDICARE PROVIDERS AS TRICARE PROVIDERS.
(a) In General.--Section 1079 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(q) Subject to subsection (a), a physician or other health care
practitioner who is eligible to receive reimbursement for services
provided under medicare (as defined in section 1086(d)(3)(C) of this
title) shall be considered approved to provide medical care authorized
under this section and section 1086 of this title unless the
administering Secretaries have information indicating medicare,
[[Page 116 STAT. 2585]]
TRICARE, or other Federal health care program integrity violations by
the physician or other health care practitioner.''.
(b) Applicability.--The <<NOTE: 10 USC 1079 note.>> amendment made
by subsection (a) shall apply with respect to any contract under the
TRICARE program entered into on or after the date of the enactment of
this Act.
SEC. 706. TECHNICAL CORRECTIONS RELATING TO TRANSITIONAL HEALTH CARE FOR
MEMBERS SEPARATED FROM ACTIVE DUTY.
(a) Continued Applicability to Dependents.--Subsection (a)(1) of
section 736 of the National Defense Authorization Act for Fiscal
Year <<NOTE: 10 USC 1145.>> 2002 (Public Law 107-107; 115 Stat. 1172) is
amended to read as follows:
``(1) in paragraph (1), by striking `paragraph (2), a
member' and all that follows through `of the member),' and
inserting `paragraph (3), a member of the armed forces who is
separated from active duty as described in paragraph (2) (and
the dependents of the member)';''.
(b) Clarification Regarding the Coast Guard.--Subsection (b)(2) of
such section is amended to read as follows:
``(2) in subsection (e)--
``(A) by striking the first sentence; and
``(B) by striking `the Coast Guard' in the second
sentence and inserting `the members of the Coast Guard
and their dependents'.''.
(c) Effective <<NOTE: 10 USC 1145 note.>> Date.--The amendments made
by this section shall take effect as of December 28, 2001, and as if
included in the National Defense Authorization Act for Fiscal Year 2002
as enacted.
SEC. 707. EXTENSION OF TEMPORARY AUTHORITY TO ENTER INTO PERSONAL
SERVICES CONTRACTS FOR THE PERFORMANCE OF HEALTH CARE
RESPONSIBILITIES AT LOCATIONS OTHER THAN MILITARY MEDICAL
TREATMENT FACILITIES.
Section 1091(a)(2) of title 10, United States Code, is amended by
striking ``December 31, 2002'' and inserting ``December 31, 2003''.
SEC. 708. <<NOTE: 10 USC 1071 note.>> ACCESS TO HEALTH CARE SERVICES FOR
BENEFICIARIES ELIGIBLE FOR TRICARE AND DEPARTMENT OF
VETERANS AFFAIRS HEALTH CARE.
(a) Requirement <<NOTE: Regulations.>> To Establish Process.--(1)
The Secretary of Defense shall prescribe in regulations a process for
resolving issues relating to patient safety and continuity of care for
covered beneficiaries who are concurrently entitled to health care under
the TRICARE program and eligible for health care services provided by
the Department of Veterans Affairs. The Secretary shall--
(A) ensure that the process provides for coordination of,
and access to, health care from the two sources in a manner that
prevents diminution of access to health care from either source;
and
(B) in consultation with the Secretary of Veterans Affairs,
prescribe a clear definition of an ``episode of care'' for use
in the resolution of patient safety and continuity of care
issues under such process.
(2) <<NOTE: Deadline. Reports.>> Not later than May 1, 2003, the
Secretary shall submit to the Committees on Armed Services of the Senate
and of the
[[Page 116 STAT. 2586]]
House of Representatives a report describing the process prescribed
under paragraph (1).
(3) While prescribing the process under paragraph (1) and upon
completion of the report under paragraph (2), the Secretary shall
provide to the Comptroller General information that would be relevant in
carrying out the study required by subsection (b).
(b) Comptroller General Study and Report.--(1) The Comptroller
General shall conduct a study of the health care issues of covered
beneficiaries described in subsection (a). The study shall include the
following:
(A) An analysis of whether covered beneficiaries who seek
services through the Department of Veterans Affairs are
receiving needed health care services in a timely manner from
the Department of Veterans Affairs, as compared to the
timeliness of the care available to covered beneficiaries under
TRICARE Prime (as set forth in access to care standards under
TRICARE program policy that are applicable to the care being
sought).
(B) An evaluation of the quality of care for covered
beneficiaries who do not receive needed services from the
Department of Veterans Affairs within a time period that is
comparable to the time period provided for under such access to
care standards and who then must seek alternative care under the
TRICARE program.
(C) Recommendations to improve access to, and timeliness and
quality of, care for covered beneficiaries described in
subsection (a).
(D) An evaluation of the feasibility and advisability of
making access to care standards applicable jointly under the
TRICARE program and the Department of Veterans Affairs health
care system.
(E) A review of the process prescribed by the Secretary of
Defense under subsection (a) to determine whether the process
ensures the adequacy and quality of the health care services
provided to covered beneficiaries under the TRICARE program and
through the Department of Veterans Affairs, together with
timeliness of access to such services and patient safety.
(2) <<NOTE: Deadline.>> Not later than 60 days after the
congressional committees specified in subsection (a)(2) receive the
report required under that subsection, the Comptroller General shall
submit to those committees a report on the study conducted under this
subsection.
(c) Definitions.--In this section:
(1) The term ``covered beneficiary'' has the meaning
provided by section 1072(5) of title 10, United States Code.
(2) The term ``TRICARE program'' has the meaning provided by
section 1072(7) of such title.
(3) The term ``TRICARE Prime'' has the meaning provided by
section 1097a(f) of such title.
SEC. 709. <<NOTE: 10 USC 1074.>> DISCLOSURE OF INFORMATION ON PROJECT
112 TO DEPARTMENT OF VETERANS AFFAIRS.
(a) Plan <<NOTE: Deadline.>> for Disclosure of Information.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress and the Secretary of
Veterans Affairs a comprehensive plan for the review, declassification,
and submittal to the Department of Veterans Affairs of all records
[[Page 116 STAT. 2587]]
and information of the Department of Defense on Project 112 that are
relevant to the provision of benefits by the Secretary of Veterans
Affairs to members of the Armed Forces who participated in that project.
(b) Plan Requirements.--(1) The records and information covered by
the plan under subsection (a) shall be the records and information
necessary to permit the identification of members of the Armed Forces
who were or may have been exposed to chemical or biological agents as a
result of Project 112.
(2) The plan shall provide for completion of all activities
contemplated by the plan not later than one year after the date of the
enactment of this Act.
(c) Identification of Other Projects or Tests.--The Secretary of
Defense also shall work with veterans and veterans service organizations
to identify other projects or tests conducted by the Department of
Defense that may have exposed members of the Armed Forces to chemical or
biological agents.
(d) GAO <<NOTE: Deadline.>> Reports on Plan and Implementation.--(1)
Not later than 30 days after submission of the plan under subsection
(a), the Comptroller General shall submit to Congress a report reviewing
the plan. The report shall include an examination of whether adequate
resources have been committed, the timeliness of the information to be
released to the Department of Veterans Affairs, and the adequacy of the
procedures to notify affected veterans of potential exposure.
(2) <<NOTE: Deadline.>> Not later than six months after
implementation of the plan begins, the Comptroller General shall submit
to Congress a report evaluating the progress in the implementation of
the plan.
(e) DOD <<NOTE: Deadline.>> Reports on Implementation.--(1) Not
later than six months after the date of the enactment of this Act, and
upon completion of all activities contemplated by the plan under
subsection (a), the Secretary of Defense shall submit to Congress and
the Secretary of Veterans Affairs a report on progress in the
implementation of the plan.
(2) Each report under paragraph (1) shall include, for the period
covered by such report--
(A) the number of records reviewed;
(B) each test, if any, under Project 112 identified during
such review;
(C) for each test so identified--
(i) the test name;
(ii) the test objective;
(iii) the chemical or biological agent or agents
involved; and
(iv) the number of members of the Armed Forces, and
civilian personnel, potentially effected by such test;
and
(D) the extent of submittal of records and information to
the Secretary of Veterans Affairs under this section.
(f) Project 112.--For purposes of this section, Project 112 refers
to the chemical and biological weapons vulnerability-testing program of
the Department of Defense conducted by the Deseret Test Center from 1963
to 1969. The project included the Shipboard Hazard and Defense (SHAD)
project of the Navy.
[[Page 116 STAT. 2588]]
Subtitle B--Reports
SEC. 711. CLAIMS INFORMATION.
(a) Correspondence to Medicare Claims Information Requirements.--
Section 1095c of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(d) Correspondence to Medicare Claims Information Requirements.--
The Secretary of Defense, in consultation with the other administering
Secretaries, shall limit the information required in support of claims
for payment for health care items and services provided under the
TRICARE program to that information that is identical to the information
that would be required for claims for reimbursement for those items and
services under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) except for that information, if any, that is uniquely required by
the TRICARE program. The Secretary of Defense shall report to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives any information that is
excepted under this provision, and the justification for that
exception.''.
(b) Applicability.--The <<NOTE: 10 USC 1095c note.>> Secretary of
Defense, in consultation with the other administering Secretaries
referred to in section 1072(3) of title 10, United States Code, shall
apply the limitations required under subsection (d) of section 1095c of
such title (as added by subsection (a)) with respect to contracts
entered into under the TRICARE program on or after October 1, 2002.
(c) Comptroller General Report on TRICARE Claims Processing.--Not
later <<NOTE: Deadline.>> than March 31, 2003, the Comptroller General
shall submit to Congress an evaluation of the continuing impediments to
cost effective claims processing under the TRICARE program. The
evaluation shall include a discussion of the following:
(1) The extent of progress implementing improvements in
claims processing, particularly regarding the application of
best industry practices.
(2) The extent of progress in simplifying claims processing
procedures, including the elimination of, or reduction in, the
complexity of the Health Care Service Record requirements.
(3) The cost effectiveness of the data collection and fraud
prevention capabilities of existing claims processing practices.
(4) Recommendations for improving the claims processing
system that will reduce processing and administration costs,
create greater competition, and improve fraud-prevention
activities.
SEC. 712. COMPTROLLER GENERAL REPORT ON PROVISION OF CARE UNDER THE
TRICARE PROGRAM.
Not <<NOTE: Deadline.>> later than March 31, 2003, the Comptroller
General shall submit to Congress an evaluation of the nature of, reasons
for, extent of, and trends regarding network provider instability under
the TRICARE program, and the effectiveness of efforts by the Department
of Defense and managed care support contractors to measure and mitigate
such instability. The evaluation shall include a discussion of the
following:
(1) The adequacy of measurement tools of TRICARE network
instability and their use by the Department of Defense
[[Page 116 STAT. 2589]]
and managed care support contractors to assess network adequacy
and stability.
(2) Recommendations for improvements needed in measurement
tools or their application.
(3) The relationship of reimbursement rates and
administration requirements (including preauthorization
requirements) to TRICARE network instability.
(4) The extent of problems under the TRICARE program and
likely future trends with and without intervention using
existing authority.
(5) Use of existing authority by the Department of Defense
and TRICARE managed care support contractors to apply higher
reimbursement rates in specific geographic areas.
(6) Recommendations for specific fiscally prudent measures
that could mitigate negative trends or improve provider and
network stability.
SEC. 713. <<NOTE: 42 USC 1395ggg.>> REPEAL OF REPORT REQUIREMENT.
Notwithstanding subsection (f)(2) of section 712 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-179), the
amendment made by subsection (e) of such section shall not take effect
and the paragraph amended by such subsection is repealed.
Subtitle C--Department of Defense-Department of Veterans Affairs Health
Resources Sharing
SEC. 721. REVISED COORDINATION AND SHARING GUIDELINES.
(a) In General.--(1) Section 8111 of title 38, United States Code,
is amended to read as follows:
``Sec. 8111. Sharing of Department of Veterans Affairs and Department of
Defense health care resources
``(a) Required Coordination and Sharing of Health Care Resources.--
The Secretary of Veterans Affairs and the Secretary of Defense shall
enter into agreements and contracts for the mutually beneficial
coordination, use, or exchange of use of the health care resources of
the Department of Veterans Affairs and the Department of Defense with
the goal of improving the access to, and quality and cost effectiveness
of, the health care provided by the Veterans Health Administration and
the Military Health System to the beneficiaries of both Departments.
``(b) Joint Requirements for Secretaries of Veterans Affairs and
Defense.--To facilitate the mutually beneficial coordination, use, or
exchange of use of the health care resources of the two Departments, the
two Secretaries shall carry out the following functions:
``(1) Develop and publish a joint strategic vision statement
and a joint strategic plan to shape, focus, and prioritize the
coordination and sharing efforts among appropriate elements
[[Page 116 STAT. 2590]]
of the two Departments and incorporate the goals and
requirements of the joint sharing plan into the strategic and
performance plan of each Department under the Government
Performance and Results Act.
``(2) Jointly fund the interagency committee provided for
under subsection (c).
``(3) Continue to facilitate and improve sharing between
individual Department of Veterans Affairs and Department of
Defense health care facilities, but giving priority of effort to
initiatives (A) that improve sharing and coordination of health
resources at the intraregional and nationwide levels, and (B)
that improve the ability of both Departments to provide
coordinated health care.
``(4) Establish a joint incentive program under subsection
(d).
``(c) DOD-VA Health Executive Committee.--(1) There is established
an interagency committee to be known as the Department of Veterans
Affairs-Department of Defense Health Executive Committee (hereinafter in
this section referred to as the `Committee'). The Committee is composed
of--
``(A) the Deputy Secretary of Veterans Affairs and such
other officers and employees of the Department of Veterans
Affairs as the Secretary of Veterans Affairs may designate; and
``(B) the Under Secretary of Defense for Personnel and
Readiness and such other officers and employees of the
Department of Defense as the Secretary of Defense may designate.
``(2)(A) During odd-numbered fiscal years, the Deputy Secretary of
Veterans Affairs shall chair the Committee. During even-numbered fiscal
years, the Under Secretary of Defense shall chair the Committee.
``(B) The Deputy Secretary and the Under Secretary shall determine
the size and structure of the Committee, as well as the administrative
and procedural guidelines for the operation of the Committee. The two
Departments shall share equally the Committee's cost of personnel and
administrative support and services. Support for such purposes shall be
provided at a level sufficient for the efficient operation of the
Committee, including a permanent staff and, as required, other temporary
working groups of appropriate departmental staff and outside experts.
``(3) The Committee shall recommend to the Secretaries strategic
direction for the joint coordination and sharing efforts between and
within the two Departments under this section and shall oversee
implementation of those efforts.
``(4) <<NOTE: Reports.>> The Committee shall submit to the two
Secretaries and to Congress an annual report containing such
recommendations as the Committee considers appropriate.
``(5) In order to enable the Committee to make recommendations in
its annual report under paragraph (4), the Committee shall do the
following:
``(A) Review existing policies, procedures, and practices
relating to the coordination and sharing of health care
resources between the two Departments.
``(B) Identify changes in policies, procedures, and
practices that, in the judgment of the Committee, would promote
mutually beneficial coordination, use, or exchange of use of the
health care resources of the two Departments, with the goal
[[Page 116 STAT. 2591]]
of improving the access to, and quality and cost effectiveness
of, the health care provided by the Veterans Health
Administration and the Military Health System to the
beneficiaries of both Departments.
``(C) Identify and assess further opportunities for the
coordination and sharing of health care resources between the
Departments that, in the judgment of the Committee, would not
adversely affect the range of services, the quality of care, or
the established priorities for care provided by either
Department.
``(D) Review the plans of both Departments for the
acquisition of additional health care resources, especially new
facilities and major equipment and technology, in order to
assess the potential effect of such plans on further
opportunities for the coordination and sharing of health care
resources.
``(E) Review the implementation of activities designed to
promote the coordination and sharing of health care resources
between the Departments.
``(6) The Committee chairman, under procedures jointly developed by
the two Secretaries, may require the Inspector General of either or both
Departments to assist in activities under paragraph (5)(E).
``(d) Joint Incentives Program.--(1) Pursuant to subsection (b)(4),
the two Secretaries shall carry out a program to identify, provide
incentives to, implement, fund, and evaluate creative coordination and
sharing initiatives at the facility, intraregional, and nationwide
levels. The program shall be administered by the Committee established
in subsection (c), under procedures jointly prescribed by the two
Secretaries.
``(2) <<NOTE: Effective date.>> To facilitate the incentive program,
effective October 1, 2003, there is established in the Treasury a fund
to be known as the `DOD-VA Health Care Sharing Incentive Fund'. Each
Secretary shall annually contribute to the fund a minimum of $15,000,000
from the funds appropriated to that Secretary's Department. Such funds
shall remain available until expended.
``(3)(A) For each fiscal year during which the program under this
subsection is in effect, the Comptroller General shall conduct a review
of the implementation and effectiveness of the incentives program under
this subsection. <<NOTE: Reports.>> Upon completion of each such annual
review, the Comptroller General shall submit to the Committees on Armed
Services and Veterans' Affairs of the Senate and House of
Representatives a report on the results of that review. Each such report
shall be submitted not later than <<NOTE: Deadline.>> February 28 of the
year following the fiscal year covered <<NOTE: Deadline. Reports.>> by
the report. In addition, the Comptroller General shall conduct such a
review during the first five months of fiscal year 2004 and, not later
than February 28, 2004, shall submit to those committees a report on the
implementation and effectiveness of the incentives program under this
subsection to that date.
``(B) Each report under this paragraph shall describe activities
carried out under the program under this subsection during the preceding
fiscal year (or, in the case of the first such report, to the date of
the submission of the report). Each report shall include at least the
following:
``(i) An analysis of the initiatives funded by the
Committee, and the funds so expended by such initiatives, from
the DOD-VA Health Care Sharing Incentive Fund, including the
purposes
[[Page 116 STAT. 2592]]
and effects of those initiatives on improving access to care by
beneficiaries, improvements in the quality of care received by
those beneficiaries, and efficiencies gained in delivering
services to those beneficiaries.
``(ii) Other matters of interest, including recommendations
from the Comptroller General for legislative improvements to the
program.
``(4) <<NOTE: Termination date.>> The program under this subsection
shall terminate on September 30, 2007.
``(e) Guidelines and Policies for Implementation of Coordination and
Sharing Recommendations, Contracts, and Agreements.--(1) To implement
the recommendations made by the Committee under subsection (c)(2), as
well as to carry out other health care contracts and agreements for
coordination and sharing initiatives as they consider appropriate, the
two Secretaries shall jointly issue guidelines and policy directives.
Such guidelines and policies shall provide for coordination and sharing
that--
``(A) is consistent with the health care responsibilities of
the Department of Veterans Affairs under this title and with the
health care responsibilities of the Department of Defense under
chapter 55 of title 10;
``(B) will not adversely affect the range of services, the
quality of care, or the established priorities for care provided
by either Department; and
``(C) will not reduce capacities in certain specialized
programs of the Department of Veterans Affairs that the
Secretary is required to maintain in accordance with section
1706(b) of this title.
``(2) To facilitate the sharing and coordination of health care
services between the two Departments, the two Secretaries shall jointly
develop and implement guidelines for a standardized, uniform payment and
reimbursement schedule for those services. Such schedule shall be
implemented no later than October 1, 2003, and shall be revised
periodically as necessary. The two Secretaries, following implementation
of the schedule, may on a case-by-case basis waive elements of the
schedule if they jointly agree that such a waiver is in the best
interests of both Departments.
``(3)(A) The guidelines established under paragraph (1) shall
authorize the heads of individual Department of Defense and Department
of Veterans Affairs medical facilities and service regions to enter into
health care resources coordination and sharing agreements.
``(B) Under any such agreement, an individual who is a primary
beneficiary of one Department may be provided health care, as provided
in the agreement, at a facility or in the service region of the other
Department that is a party to the sharing agreement.
``(C) Each such agreement shall identify the health care resources
to be shared.
``(D) Each such agreement shall provide, and shall specify
procedures designed to ensure, that the availability of direct health
care to individuals who are not primary beneficiaries of the providing
Department is (i) on a referral basis from the facility or service
region of the other Department, and (ii) does not (as determined by the
head of the providing facility or region) adversely affect the range of
services, the quality of care, or the established priorities for care
provided to the primary beneficiaries of the providing Department.
[[Page 116 STAT. 2593]]
``(E) Each such agreement shall provide that a providing Department
or service region shall be reimbursed for the cost of the health care
resources provided under the agreement and that the rate of such
reimbursement shall be as determined in accordance with paragraph (2).
``(F) Each proposal for an agreement under this paragraph shall be
effective (i) on the 46th day after the receipt of such proposal by the
Committee, unless earlier disapproved, or (ii) if earlier approved by
the Committee, on the date of such approval.
``(G) Any funds received through such a uniform payment and
reimbursement schedule shall be credited to funds that have been
allotted to the facility of either Department that provided the care or
services, or is due the funds from, any such agreement.
``(f) Annual Joint Report.--(1) At the time the President's budget
is transmitted to Congress in any year pursuant to section 1105 of title
31, the two Secretaries shall submit to Congress a joint report on
health care coordination and sharing activities under this section
during the fiscal year that ended during the previous calendar year.
``(2) Each report under this section shall include the following:
``(A) The guidelines prescribed under subsection (e) (and
any revision of such guidelines).
``(B) The assessment of further opportunities identified
under subparagraph (C) of subsection (c)(5) for the sharing of
health-care resources between the two Departments.
``(C) Any recommendation made under subsection (c)(4) during
such fiscal year.
``(D) A review of the sharing agreements entered into under
subsection (e) and a summary of activities under such agreements
during such fiscal year and a description of the results of such
agreements in improving access to, and the quality and cost
effectiveness of, the health care provided by the Veterans
Health Administration and the Military Health System to the
beneficiaries of both Departments.
``(E) A summary of other planning and activities involving
either Department in connection with promoting the coordination
and sharing of Federal health-care resources during the
preceding fiscal year.
``(F) Such recommendations for legislation as the two
Secretaries consider appropriate to facilitate the sharing of
health-care resources between the two Departments.
``(3) In addition to the matters specified in paragraph (2), the two
Secretaries shall include in the annual report under this subsection an
overall status report of the progress of health resources sharing
between the two Departments as a consequence of subtitle C of title VII
of the Bob Stump National Defense Authorization Act for Fiscal Year 2003
and of other sharing initiatives taken during the period covered by the
report. Such status report shall indicate the status of such sharing and
shall include appropriate data as well as analyses of that data. The
annual report shall include the following:
``(A) Enumerations and explanations of major policy
decisions reached by the two Secretaries during the period
covered by the report period with respect to sharing between the
two Departments.
``(B) A description of progress made in new ventures or
particular areas of sharing and coordination that would be
[[Page 116 STAT. 2594]]
of policy interest to Congress consistent with the intent of
such subtitle.
``(C) A description of enhancements of access to care of
beneficiaries of both Departments that came about as a result of
new sharing approaches brought about by such subtitle.
``(D) A description of proposals for which funds are
provided through the joint incentives program under subsection
(d), together with a description of their results or status at
the time of the report, including access improvements, savings,
and quality-of-care enhancements they brought about, and a
description of any additional use of funds made available under
subsection (d).
``(4) In addition to the matters specified in paragraphs (2) and
(3), the two Secretaries shall include in the annual report under this
subsection for each year through 2008 the following:
``(A) A description of the measures taken, or planned to be
taken, to implement the health resources sharing project under
section 722 of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 and any cost savings anticipated, or cost
sharing achieved, at facilities participating in the project,
including information on improvements in access to care,
quality, and timeliness, as well as impediments encountered and
legislative recommendations to ameliorate such impediments.
``(B) A description of the use of the waiver authority
provided by section 722(d)(1) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, including--
``(i) a statement of the numbers and types of
requests for waivers under that section of
administrative policies that have been made during the
period covered by the report and, for each such request,
an explanation of the content of each request, the
intended purpose or result of the requested waiver, and
the disposition of each request; and
``(ii) descriptions of any new administrative
policies that enhance the success of the project.
``(5) In addition to the matters specified in paragraphs (2), (3),
and (4), the two Secretaries shall include in the annual report under
this subsection for each year through 2009 a report on the pilot program
for graduate medical education under section 725 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, including
activities under the program during the preceding year and each
Secretary's assessment of the efficacy of providing education and
training under that program.
``(g) Definitions.--For the purposes of this section:
``(1) The term `beneficiary' means a person who is a primary
beneficiary of the Department of Veterans Affairs or of the
Department of Defense.
``(2) The term `direct health care' means health care
provided to a beneficiary in a medical facility operated by the
Department of Veterans Affairs or the Department of Defense.
``(3) The term `head of a medical facility' (A) with respect
to a medical facility of the Department of Veterans Affairs,
means the director of the facility, and (B) with respect to a
medical facility of the Department of Defense, means the medical
or dental officer in charge or the contract surgeon in charge.
[[Page 116 STAT. 2595]]
``(4) The term `health-care resource' includes hospital
care, medical services, and rehabilitative services, as those
terms are defined in paragraphs (5), (6), and (8), respectively,
of section 1701 of this title, services under sections 1782 and
1783 of this title, any other health-care service, and any
health-care support or administrative resource.
``(5) The term `primary beneficiary' (A) with respect to the
Department means a person who is eligible under this title
(other than under section 1782, 1783, or 1784 or subsection (d)
of this section) or any other provision of law for care or
services in Department medical facilities, and (B) with respect
to the Department of Defense, means a member or former member of
the Armed Forces who is eligible for care under section 1074 of
title 10.
``(6) The term `providing Department' means the Department
of Veterans Affairs, in the case of care or services furnished
by a facility of the Department of Veterans Affairs, and the
Department of Defense, in the case of care or services furnished
by a facility of the Department of Defense.
``(7) The term `service region' means a geographic service
area of the Veterans Health Administration, in the case of the
Department of Veterans Affairs, and a service region, in the
case of the Department of Defense.''.
(2) The item relating to that section in the table of sections at
the beginning of chapter 81 of title 38, United States Code, is amended
to read as follows:
``8111. Sharing of Department of Veterans Affairs and Department of
Defense health care resources.''.
(b) Conforming Amendment.--Section 1104(a) of title 10, United
States Code, is amended by striking ``may'' and inserting ``shall''.
(c) Effective <<NOTE: 38 USC 8111 note.>> Date.--The amendments made
by this section shall take effect on October 1, 2003.
SEC. 722. <<NOTE: 38 USC 8111 note.>> HEALTH CARE RESOURCES SHARING AND
COORDINATION PROJECT.
(a) Establishment.--(1) The Secretary of Veterans Affairs and the
Secretary of Defense shall conduct a health care resources sharing
project to serve as a test for evaluating the feasibility, and the
advantages and disadvantages, of measures and programs designed to
improve the sharing and coordination of health care and health care
resources between the Department of Veterans Affairs and the Department
of Defense. The project shall be carried out, as a minimum, at the sites
identified under subsection (b).
(2) Reimbursement between the two Departments with respect to the
project under this section shall be made in accordance with the
provisions of section 8111(e)(2) of title 38, United States Code, as
amended by section 721(a).
(b) Site <<NOTE: Deadline.>> Identification.--(1) Not later than 90
days after the date of the enactment of this Act, the Secretaries shall
jointly identify not less than three sites for the conduct of the
project under this section.
(2) For purposes of this section, a site at which the resource
sharing project shall be carried out is an area in the United States in
which--
[[Page 116 STAT. 2596]]
(A) one or more military treatment facilities and one or
more VA health care facilities are situated in relative
proximity to each other, including facilities engaged in joint
ventures as of the date of the enactment of this Act; and
(B) for which an agreement to coordinate care and programs
for patients at those facilities could be implemented not later
than October 1, 2004.
(c) Conduct of Project.--(1) At sites at which the project is
conducted, the Secretaries shall provide a test of a coordinated
management system for the military treatment facilities and VA health
care facilities participating in the project. Such a coordinated
management system for a site shall include at least one of the elements
specified in paragraph (2), and each of the elements specified in that
paragraph must be included in the coordinated management system for at
least one of the participating sites.
(2) Elements of a coordinated management system referred to in
paragraph (1) are the following:
(A) A budget and financial management system for those
facilities that--
(i) provides managers with information about the
costs of providing health care by both Departments at
the site; and
(ii) allows managers to assess the advantages and
disadvantages (in terms of relative costs, benefits, and
opportunities) of using resources of either Department
to provide or enhance health care to beneficiaries of
either Department.
(B) A coordinated staffing and assignment system for the
personnel (including contract personnel) employed at or assigned
to those facilities, including clinical practitioners of either
Department.
(C) Medical information and information technology systems
for those facilities that--
(i) are compatible with the purposes of the project;
(ii) communicate with medical information and
information technology systems of corresponding elements
of those facilities; and
(iii) incorporate minimum standards of information
quality that are at least equivalent to those adopted
for the Departments at large in their separate health
care systems.
(d) Authority To Waive Certain Administrative Policies.--(1)(A) In
order to carry out subsection (c), the Secretary of Defense may, in the
Secretary's discretion, waive any administrative policy of the
Department of Defense otherwise applicable to that subsection that
specifically conflicts with the purposes of the project, in instances in
which the Secretary determines that the waiver is necessary for the
purposes of the project.
(B) In order to carry out subsection (c), the Secretary of Veterans
Affairs may, in the Secretary's discretion, waive any administrative
policy of the Department of Veterans Affairs otherwise applicable to
that subsection that specifically conflicts with the purposes of the
project, in instances in which the Secretary determines that the waiver
is necessary for the purposes of the project.
(C) The two Secretaries shall establish procedures for resolving
disputes that may arise from the effects of policy changes that are not
covered by other agreements or existing procedures.
[[Page 116 STAT. 2597]]
(2) No waiver under paragraph (1) may alter any labor-management
agreement in effect as of the date of the enactment of this Act or
adopted by either Department during the period of the project.
(e) Use by DOD of Certain Title 38 Personnel Authorities.--(1) In
order to carry out subsection (c), the Secretary of Defense may apply to
civilian personnel of the Department of Defense assigned to or employed
at a military treatment facility participating in the project any of the
provisions of subchapters I, III, and IV of chapter 74 of title 38,
United States Code, determined appropriate by the Secretary.
(2) For purposes of paragraph (1), any reference in chapter 74 of
title 38, United States Code--
(A) to the ``Secretary'' or the ``Under Secretary for
Health'' shall be treated as referring to the Secretary of
Defense; and
(B) to the ``Veterans Health Administration'' shall be
treated as referring to the Department of Defense.
(f) Funding.--From amounts available for health care for a fiscal
year, each Secretary shall make available to carry out the project not
less than--
(1) $3,000,000 for fiscal year 2003;
(2) $6,000,000 for fiscal year 2004; and
(3) $9,000,000 for each succeeding year during which the
project is in effect.
(g) Definitions.--For purposes of this section:
(1) The term ``military treatment facility'' means a medical
facility under the jurisdiction of the Secretary of a military
department.
(2) The term ``VA health care facility'' means a facility
under the jurisdiction of the Veterans Health Administration of
the Department of Veterans Affairs.
(h) Performance Review.--(1) The Comptroller General shall provide
for an annual on-site review at each of the project locations selected
by the Secretaries under this section.
(2) Not later than 90 days after completion of the annual review
under paragraph (1), the Comptroller General shall submit a report on
such review to the Committees on Armed Services and Veterans' Affairs of
the Senate and House of Representatives.
(3) Each such report shall include the following:
(A) The strategic mission coordination between shared
activities.
(B) The accuracy and validity of performance data used to
evaluate sharing performance and changes in standards of care or
services at the shared facilities.
(C) A statement that all appropriated funds designated for
sharing activities are being used for direct support of sharing
initiatives.
(D) Recommendations concerning continuance of the project at
each site for the succeeding 12-month period.
(4) Whenever there is a recommendation under paragraph (3)(D) to
discontinue a resource sharing project under this section, the two
Secretaries shall act upon that recommendation as soon as practicable.
(5) In the initial report under this subsection, the Comptroller
General shall validate the baseline information used for comparative
analysis.
[[Page 116 STAT. 2598]]
(i) Termination.--(1) The project, and the authority provided by
this section, shall terminate on September 30, 2007.
(2) The two Secretaries jointly may terminate the performance of the
project at any site when the performance of the project at that site
fails to meet performance expectations of the Secretaries, based on
recommendations from the Comptroller General under subsection (h) or on
other information available to the Secretaries to warrant such action.
SEC. 723. REPORT ON IMPROVED COORDINATION AND SHARING OF HEALTH CARE AND
HEALTH CARE RESOURCES FOLLOWING DOMESTIC ACTS OF TERRORISM
OR DOMESTIC USE OF WEAPONS OF MASS DESTRUCTION.
(a) Joint Review.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly review the adequacy of current processes
and existing statutory authorities and policy governing the capability
of the Department of Defense and the Department of Veterans Affairs to
provide health care to members of the Armed Forces following domestic
acts of terrorism or domestic use of weapons of mass destruction, both
before and after any declaration of national emergency. Such review
shall include a determination of the adequacy of current authorities in
providing for the coordination and sharing of health care resources
between the two Departments in such cases, particularly before the
declaration of a national emergency.
(b) Report to Congress.--The two Secretaries shall include a joint
report on the review under subsection (a), including any recommended
legislative changes, shall be submitted to Congress as part of the
fiscal year 2004 budget submission to Congress.
SEC. 724. <<NOTE: 10 USC 1074g note.>> INTEROPERABILITY OF DEPARTMENT OF
VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE PHARMACY DATA
SYSTEMS.
(a) Interoperability.--The Secretary of Veterans Affairs and the
Secretary of Defense shall seek to ensure that on or before October 1,
2004, the Department of Veterans Affairs pharmacy data system and the
Department of Defense pharmacy data system (known as the ``Pharmacy Data
Transaction System'') are interoperable for both Department of Defense
beneficiaries and Department of Veterans Affairs beneficiaries by
achieving real-time interface, data exchange, and checking of
prescription drug data of outpatients, and using national standards for
the exchange of outpatient medication information.
(b) Alternative Requirement.--If the interoperability specified in
subsection (a) is not achieved by October 1, 2004, as determined jointly
by the Secretary of Defense and the Secretary of Veterans Affairs, the
Secretary of Veterans Affairs shall adopt the Department of Defense
Pharmacy Data Transaction System for use by the Department of Veterans
Affairs health care system. Such system <<NOTE: Deadline.>> shall be
fully operational not later than October 1, 2005.
(c) Implementation Funding for Alternative Requirement.--The
Secretary of Defense shall transfer to the Secretary of Veterans
Affairs, or shall otherwise bear the cost of, an amount sufficient to
cover three-fourths of the cost to the Department
[[Page 116 STAT. 2599]]
of Veterans Affairs for computer programming activities and relevant
staff training expenses related to implementation of subsection (b).
Such amount shall be determined in such manner as agreed to by the two
Secretaries.
SEC. 725. JOINT PILOT PROGRAM FOR PROVIDING GRADUATE MEDICAL EDUCATION
AND TRAINING FOR PHYSICIANS.
(a) In <<NOTE: 10 USC 1094a note.>> General.--The Secretary of
Defense and the Secretary of Veterans Affairs shall jointly carry out a
pilot program under which graduate medical education and training is
provided to military physicians and physician employees of the
Department of Defense and the Department of Veterans Affairs through one
or more programs carried out in military medical treatment facilities of
the Department of Defense and medical centers of the Department of
Veterans Affairs. The pilot program shall begin not later than January
1, 2003.
(b) Cost-Sharing Agreement.--The Secretaries shall enter into an
agreement for carrying out the pilot program. The agreement shall
establish means for each Secretary to assist in paying the costs, with
respect to individuals under the jurisdiction of that Secretary,
incurred by the other Secretary in providing medical education and
training under the pilot program.
(c) Use of Existing Authorities.--To carry out the pilot program,
the Secretary of Defense and the Secretary of Veterans Affairs may use
authorities provided to them under this subtitle, section 8111 of title
38, United States Code (as amended by section 721(a)), and other laws
relating to the furnishing or support of medical education and the
cooperative use of facilities.
(d) Termination of Program.--The pilot program under this section
shall terminate on July 31, 2008.
(e) Repeal of Superseded Provision.--Section 738 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10
U.S.C. 1094 note; 115 Stat.1173) <<NOTE: 10 USC 1094a note.>> is
repealed.
SEC. 726. REPEAL OF CERTAIN LIMITS ON DEPARTMENT OF VETERANS AFFAIRS
RESOURCES.
(a) Repeal of VA Bed Limits.--Section 8110(a)(1) of title 38, United
States Code, is amended--
(1) in the first sentence, by striking ``at not more than
125,000 and not less than 100,000'';
(2) in the third sentence, by striking ``shall operate and
maintain a total of not less than 90,000 hospital beds and
nursing home beds and''; and
(3) in the fourth sentence, by striking ``to enable the
Department to operate and maintain a total of not less than
90,000 hospital and nursing home beds in accordance with this
paragraph and''.
(b) Effective <<NOTE: 38 USC 8110 note.>> Date.--The amendments made
by subsection (a) shall take effect on October 1, 2003.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Buy-to-budget acquisition of end items.
[[Page 116 STAT. 2600]]
Sec. 802. Report to Congress on evolutionary acquisition of major
defense acquisition programs.
Sec. 803. Spiral development under major defense acquisition programs.
Sec. 804. Improvement of software acquisition processes.
Sec. 805. Performance goals for procuring services pursuant to multiple
award contracts.
Sec. 806. Rapid acquisition and deployment procedures.
Sec. 807. Quick-reaction special projects acquisition team.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Limitation period for task and delivery order contracts.
Sec. 812. One-year extension of program applying simplified procedures
to certain commercial items; report.
Sec. 813. Extension and improvement of personnel demonstration policies
and procedures applicable to the civilian acquisition
workforce.
Sec. 814. Past performance given significant weight in renewal of
procurement technical assistance cooperative agreements.
Sec. 815. Increased maximum amount of assistance for tribal
organizations or economic enterprises carrying out
procurement technical assistance programs in two or more
service areas.
Sec. 816. Extension of contract goal for small disadvantaged businesses
and certain institutions of higher education.
Sec. 817. Grants of exceptions to cost or pricing data certification
requirements and waivers of cost accounting standards.
Sec. 818. Timing of certification in connection with waiver of
survivability and lethality testing requirements.
Sec. 819. Contracting with Federal Prison Industries.
Sec. 820. Revisions to multiyear contracting authority.
Subtitle C--Acquisition-Related Reports and Other Matters
Sec. 821. Evaluation of training, knowledge, and resources regarding
negotiation of intellectual property arrangements.
Sec. 822. Independent technology readiness assessments.
Sec. 823. Extension and amendment of requirement for annual report on
defense commercial pricing management improvement.
Sec. 824. Assessment of purchases of products and services through
contracts with other Federal departments and agencies.
Sec. 825. Repeal of certain requirements and Comptroller General reviews
of the requirements.
Sec. 826. Multiyear procurement authority for purchase of dinitrogen
tetroxide, hydrazine, and hydrazine-related products.
Sec. 827. Multiyear procurement authority for environmental services for
military installations.
Sec. 828. Report on effects of Army Contracting Agency.
Sec. 829. Authorization to take actions to correct the industrial
resource shortfall for radiation-hardened electronics.
Subtitle A--Acquisition Policy and Management
SEC. 801. BUY-TO-BUDGET ACQUISITION OF END ITEMS.
(a) Authority.--(1) Chapter 137 of title 10, United States Code, is
amended by inserting after section 2307 the following new section:
``Sec. 2308. Buy-to-budget acquisition: end items
``(a) Authority To Acquire Additional End Items.--Using funds
available to the Department of Defense for the acquisition of an end
item, the head of an agency making the acquisition may acquire a higher
quantity of the end item than the quantity specified for the end item in
a law providing for the funding of that acquisition if that head of an
agency makes each of the following findings:
[[Page 116 STAT. 2601]]
``(1) The agency has an established requirement for the end
item that is expected to remain substantially unchanged
throughout the period of the acquisition.
``(2) It is possible to acquire the higher quantity of the
end item without additional funding because of production
efficiencies or other cost reductions.
``(3) The amount of the funds used for the acquisition of
the higher quantity of the end item will not exceed the amount
provided under that law for the acquisition of the end item.
``(4) The amount so provided is sufficient to ensure that
each unit of the end item acquired within the higher quantity is
fully funded as a complete end item.
``(b) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of this section. The regulations
shall include, at a minimum, the following:
``(1) The level of approval within the Department of Defense
that is required for a decision to acquire a higher quantity of
an end item under subsection (a).
``(2) Authority (subject to subsection (a)) to acquire up to
10 percent more than the quantity of an end item approved in a
justification and approval of the use of procedures other than
competitive procedures for the acquisition of the end item under
section 2304 of this title.
``(c) Notification <<NOTE: Deadline.>> of Congress.--The head of an
agency is not required to notify Congress in advance regarding a
decision under the authority of this section to acquire a higher
quantity of an end item than is specified in a law described in
subsection (a), but shall notify the congressional defense committees of
the decision not later than 30 days after the date of the decision.
``(d) Waiver by Other Law.--A provision of law may not be construed
as prohibiting the acquisition of a higher quantity of an end item under
this section unless that provision of law--
``(1) specifically refers to this section; and
``(2) specifically states that the acquisition of the higher
quantity of the end item is prohibited notwithstanding the
authority provided in this section.
``(e) Definitions.--(1) For the purposes of this section, a quantity
of an end item shall be considered specified in a law if the quantity is
specified either in a provision of that law or in any related
representation that is set forth separately in a table, chart, or
explanatory text included in a joint explanatory statement or governing
committee report accompanying the law.
``(2) In this section:
``(A) The term `congressional defense committees'
means--
``(i) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
``(ii) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.
``(B) The term `end item' means a production product
assembled, completed, and ready for issue or deployment.
``(C) The term `head of an agency' means the
Secretary of Defense, the Secretary of the Army, the
Secretary of the Navy, and the Secretary of the Air
Force.''.
[[Page 116 STAT. 2602]]
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2307 the
following new item:
``2308. Buy-to-budget acquisition: end items.''.
(b) Time <<NOTE: 10 USC 2308 note.>> for Issuance of Final
Regulations.--The Secretary of Defense shall issue the final regulations
under section 2308(b) of title 10, United States Code (as added by
subsection (a)), not later than 120 days after the date of the enactment
of this Act.
SEC. 802. REPORT TO CONGRESS ON EVOLUTIONARY ACQUISITION OF MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) Report <<NOTE: Deadline.>> Required.--(1) Not later than 120
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a report on
the approach that the Secretary plans to take to apply the requirements
listed in paragraph (2) to major defense acquisition programs that
follow the evolutionary acquisition process.
(2) The requirements referred to in paragraph (1) are--
(A) the requirements of chapter 144 of title 10, United
States Code;
(B) sections 139, 181, 2366, 2399, and 2400 of such title;
(C) Department of Defense Directive 5000.1;
(D) Department of Defense Instruction 5000.2;
(E) Chairman of the Joint Chiefs of Staff Instruction
3170.01B; and
(F) other provisions of law and regulations (including
successor documents) that are applicable to such programs.
(b) Content of Report.--The report shall, at a minimum, address the
following matters:
(1) The manner in which the Secretary plans to establish and
approve, for each increment of an evolutionary acquisition
process--
(A) operational requirements; and
(B) cost and schedule goals.
(2) The manner in which the Secretary plans, for each
increment of an evolutionary acquisition process--
(A) to meet requirements for operational testing and
live fire testing;
(B) to monitor cost and schedule performance; and
(C) to comply with laws requiring reports to
Congress on results testing and on cost and schedule
performance.
(3) The manner in which the Secretary plans to ensure that
each increment of an evolutionary acquisition process is
designed--
(A) to achieve interoperability within and among
United States forces and United States coalition
partners; and
(B) to optimize total system performance and
minimize total ownership costs by giving appropriate
consideration to--
(i) logistics planning;
(ii) manpower, personnel, and training;
(iii) human, environmental, safety,
occupational health, accessibility, survivability,
operational continuity, and security factors;
(iv) protection of critical program
information; and
[[Page 116 STAT. 2603]]
(v) spectrum management.
(c) Definitions.--In this section:
(1) The term ``evolutionary acquisition process'' means a
process by which an acquisition program is conducted through
discrete phases or blocks, with each phase or block consisting
of the planned definition, development, production or
acquisition, and fielding of hardware or software that provides
operationally useful capability.
(2) The term ``increment'', with respect to an evolutionary
acquisition program, means one of the discrete phases or blocks
of such program.
(3) The term ``major defense acquisition program'' has the
meaning given such term in section 139(a)(2)(B) of title 10,
United States Code.
SEC. 803. <<NOTE: 10 USC 2430 note.>> SPIRAL DEVELOPMENT UNDER MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) Authority.--The Secretary of Defense is authorized to conduct
major defense acquisition programs as spiral development programs.
(b) Limitation on Spiral Development Programs.--A research and
development program for a major defense acquisition program of a
military department or Defense Agency may not be conducted as a spiral
development program unless the Secretary of Defense approves the spiral
development plan for that research and development program in accordance
with subsection (c). The Secretary of Defense may delegate authority to
approve the plan to the Under Secretary of Defense for Acquisition,
Technology, and Logistics, or to the senior acquisition executive of the
military department or Defense Agency concerned, but such authority may
not be further delegated.
(c) Spiral Development Plans.--A spiral development plan for a
research and development program for a major defense acquisition program
shall, at a minimum, include the following matters:
(1) A rationale for dividing the research and development
program into separate spirals, together with a preliminary
identification of the spirals to be included.
(2) A program strategy, including overall cost, schedule,
and performance goals for the total research and development
program.
(3) Specific cost, schedule, and performance parameters,
including measurable exit criteria, for the first spiral to be
conducted.
(4) A testing plan to ensure that performance goals,
parameters, and exit criteria are met.
(5) An appropriate limitation on the number of prototype
units that may be produced under the research and development
program.
(6) Specific performance parameters, including measurable
exit criteria, that must be met before the major defense
acquisition program proceeds into production of units in excess
of the limitation on the number of prototype units.
(d) Guidance.--Not <<NOTE: Deadline.>> later than 120 days after the
date of the enactment of this Act, the Secretary of Defense shall issue
guidance for the implementation of spiral development programs
authorized by this section. The guidance shall include appropriate
processes for ensuring the independent validation of exit criteria being
met,
[[Page 116 STAT. 2604]]
the operational assessment of fieldable prototypes, and the management
of spiral development programs.
(e) Reporting Requirement.--The Secretary shall submit to Congress
by September 30 of each of 2003 through 2008 a status report on each
research and development program that is a spiral development program.
The report shall contain information on unit costs that is similar to
the information on unit costs under major defense acquisition programs
that is required to be provided to Congress under chapter 144 of title
10, United States Code, except that the information on unit costs shall
address projected prototype costs instead of production costs.
(f) Applicability of Existing Law.--Nothing in this section shall be
construed to exempt any program of the Department of Defense from the
application of any provision of chapter 144 of title 10, United States
Code, section 139, 181, 2366, 2399, or 2400 of such title, or any
requirement under Department of Defense Directive 5000.1, Department of
Defense Instruction 5000.2, or Chairman of the Joint Chiefs of Staff
Instruction 3170.01B in accordance with the terms of such provision or
requirement.
(g) Definitions.--In this section:
(1) The term ``spiral development program'', with respect to
a research and development program, means a program that--
(A) is conducted in discrete phases or blocks, each
of which will result in the development of fieldable
prototypes; and
(B) will not proceed into acquisition until specific
performance parameters, including measurable exit
criteria, have been met.
(2) The term ``spiral'' means one of the discrete phases or
blocks of a spiral development program.
(3) The term ``major defense acquisition program'' has the
meaning given such term in section 139(a)(2)(B) of title 10,
United States Code.
SEC. 804. <<NOTE: 10 USC 2302 note.>> IMPROVEMENT OF SOFTWARE
ACQUISITION PROCESSES.
(a) Establishment of Programs.--(1) The Secretary of each military
department shall establish a program to improve the software acquisition
processes of that military department.
(2) The head of each Defense Agency that manages a major defense
acquisition program with a substantial software component shall
establish a program to improve the software acquisition processes of
that Defense Agency.
(3) <<NOTE: Deadline.>> The programs required by this subsection
shall be established not later than 120 days after the date of the
enactment of this Act.
(b) Program Requirements.--A program to improve software acquisition
processes under this section shall, at a minimum, include the following:
(1) A documented process for software acquisition planning,
requirements development and management, project management and
oversight, and risk management.
(2) Efforts to develop appropriate metrics for performance
measurement and continual process improvement.
(3) A process to ensure that key program personnel have an
appropriate level of experience or training in software
acquisition.
[[Page 116 STAT. 2605]]
(4) A process to ensure that each military department and
Defense Agency implements and adheres to established processes
and requirements relating to the acquisition of software.
(c) Department of Defense Guidance.--The Assistant Secretary of
Defense for Command, Control, Communications, and Intelligence, in
consultation with the Under Secretary of Defense for Acquisition,
Technology, and Logistics, shall--
(1) prescribe uniformly applicable guidance for the
administration of all of the programs established under
subsection (a) and take such actions as are necessary to ensure
that the military departments and Defense Agencies comply with
the guidance; and
(2) assist the Secretaries of the military departments and
the heads of the Defense Agencies to carry out such programs
effectively by--
(A) ensuring that the criteria applicable to the
selection of sources provides added emphasis on past
performance of potential sources, as well as on the
maturity of the software products offered by the
potential sources; and
(B) identifying, and serving as a clearinghouse for
information regarding, best practices in software
development and acquisition in both the public and
private sectors.
(d) Definitions.--In this section:
(1) The term ``Defense Agency'' has the meaning given the
term in section 101(a)(11) of title 10, United States Code.
(2) The term ``major defense acquisition program'' has the
meaning given such term in section 139(a)(2)(B) of title 10,
United States Code.
SEC. 805. PERFORMANCE GOALS FOR PROCURING SERVICES PURSUANT TO MULTIPLE
AWARD CONTRACTS.
(a) Performance Goals.--Subsection (a) of section 802 of the
National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-
107; 115 Stat. 1178; 10 U.S.C. 2330 note) is amended to read as follows:
``(a) Goals.--(1) It shall be an objective of the Department of
Defense to achieve efficiencies in procurements of services pursuant to
multiple award contracts through the use of--
``(A) performance-based services contracting;
``(B) appropriate competition for task orders under services
contracts;
``(C) program review, spending analyses, and improved
management of services contracts.
``(2) In furtherance of such objective, the Department of Defense
shall have the following goals:
``(A) To increase, as a percentage of all of the individual
purchases of services made by or for the Department of Defense
under multiple award contracts for a fiscal year (calculated on
the basis of dollar value), the volume of the individual
purchases of services that are made on a competitive basis and
involve receipt of more than one offer from qualified
contractors to a percentage as follows:
``(i) For fiscal year 2003, a percentage not less
than 40 percent.
``(ii) For fiscal year 2004, a percentage not less
than 50 percent.
[[Page 116 STAT. 2606]]
``(iii) For fiscal year 2011, a percentage not less
than 75 percent.
``(B) To increase, as a percentage of all of the individual
purchases of services made by or for the Department of Defense
under multiple award contracts for a fiscal year (calculated on
the basis of dollar value), the use of performance-based
purchasing specifying firm fixed prices for the specific tasks
to be performed to a percentage as follows:
``(i) For fiscal year 2003, a percentage not less
than 25 percent.
``(ii) For fiscal year 2004, a percentage not less
than 35 percent.
``(iii) For fiscal year 2005, a percentage not less
than 50 percent.
``(iv) For fiscal year 2011, a percentage not less
than 70 percent.
``(3) The Secretary of Defense may adjust any percentage goal
established in paragraph (2) if the Secretary determines in writing that
such a goal is too high and cannot reasonably be achieved. In the event
that the Secretary chooses to adjust such a goal, the Secretary shall--
``(A) establish a percentage goal that the Secretary
determines would create an appropriate incentive for Department
of Defense components to use competitive procedures or
performance-based services contracting, as the case may be; and
``(B) submit to the congressional defense committees a
report containing an explanation of the reasons for the
Secretary's determination and a statement of the new goal that
the Secretary has established.''.
(b) Extension and Revision of Reporting Requirement.--Subsection (b)
of such section is amended--
(1) by striking ``March 1, 2006'' and inserting ``March 1,
2011''; and
(2) by amending paragraph (5) to read as follows:
``(5) Regarding the individual purchases of services that
were made by or for the Department of Defense under multiple
award contracts in the fiscal year preceding the fiscal year in
which the report is required to be submitted, information
(determined using the data collection system established under
section 2330a of title 10, United States Code) as follows:
``(A) The percentage (calculated on the basis of
dollar value) of such purchases that are purchases that
were made on a competitive basis and involved receipt of
more than one offer from qualified contractors.
``(B) The percentage (calculated on the basis of
dollar value) of such purchases that are performance-
based purchases specifying firm fixed prices for the
specific tasks to be performed.''.
(c) Definitions.--Such section is further amended by adding at the
end the following new subsection:
``(c) Definitions.--(1) In this section, the terms `individual
purchase' and `multiple award contract' have the meanings given such
terms in section 803(c) of this Act.
``(2) For the purposes of this section, an individual purchase of
services is made on a competitive basis only if it is made pursuant
[[Page 116 STAT. 2607]]
to procedures described in paragraphs (2), (3), and (4) of section
803(b) of this Act.''.
(d) Conforming Amendment.--The heading for such section is amended
by striking ``savings goals'' and inserting ``performance goals''.
SEC. 806. <<NOTE: 10 USC 2302 note.>> RAPID ACQUISITION AND DEPLOYMENT
PROCEDURES.
(a) Requirement <<NOTE: Deadline.>> To Establish Procedures.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall prescribe procedures for the rapid
acquisition and deployment of items that are--
(1) currently under development by the Department of Defense
or available from the commercial sector; and
(2) urgently needed to react to an enemy threat or to
respond to significant and urgent safety situations.
(b) Issues To Be Addressed.--The procedures prescribed under
subsection (a) shall include the following:
(1) A process for streamlined communications between the
Chairman of the Joint Chiefs of Staff, the acquisition
community, and the research and development community,
including--
(A) a process for the commanders of the combatant
commands and the Joint Chiefs of Staff to communicate
their needs to the acquisition community and the
research and development community; and
(B) a process for the acquisition community and the
research and development community to propose items that
meet the needs communicated by the combatant commands
and the Joint Chiefs of Staff.
(2) Procedures for demonstrating, rapidly acquiring, and
deploying items proposed pursuant to paragraph (1)(B),
including--
(A) a process for demonstrating performance and
evaluating for current operational purposes the existing
capability of an item;
(B) a process for developing an acquisition and
funding strategy for the deployment of an item; and
(C) a process for making deployment determinations
based on information obtained pursuant to subparagraphs
(A) and (B).
(c) Testing Requirement.--(1) The process for demonstrating
performance and evaluating for current operational purposes the existing
capability of an item prescribed under subsection (b)(2)(A) shall
include--
(A) an operational assessment in accordance with procedures
prescribed by the Director of Operational Test and Evaluation;
and
(B) a requirement to provide information about any
deficiency of the item in meeting the original requirements for
the item (as stated in an operational requirements document or
similar document) to the deployment decisionmaking authority.
(2) The process may not include a requirement for any deficiency of
an item to be the determining factor in deciding whether to deploy the
item.
(d) Limitation.--The quantity of items of a system procured using
the procedures prescribed pursuant to this section may not exceed the
number established for low-rate initial production for
[[Page 116 STAT. 2608]]
the system. Any such items shall be counted for purposes of the number
of items of the system that may be procured through low-rate initial
production.
SEC. 807. <<NOTE: 10 USC 1702 note.>> QUICK-REACTION SPECIAL PROJECTS
ACQUISITION TEAM.
(a) Establishment.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall establish a team of highly qualified
acquisition professionals who shall be available to advise the Under
Secretary on actions that can be taken to expedite the acquisition of
urgently needed systems.
(b) Duties.--The issues on which the team may provide advice shall
include the following:
(1) Industrial base issues, including the limited
availability of suppliers.
(2) Technology development and technology transition issues.
(3) Issues of acquisition policy, including the length of
the acquisition cycle.
(4) Issues of testing policy and ensuring that weapon
systems perform properly in combat situations.
(5) Issues of procurement policy, including the impact of
socio-economic requirements.
(6) Issues relating to compliance with environmental
requirements.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. LIMITATION PERIOD FOR TASK AND DELIVERY ORDER CONTRACTS.
(a) Limitation Period.--Section 2306c of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(g) Limitation Period for Task and Delivery Order Contracts.--(1)
The authority and restrictions of this section, including the authority
to enter into contracts for periods of not more than five years, shall
apply with respect to task order and delivery order contracts entered
into under the authority of section 2304a, 2304b, or 2304c of this
title.
``(2) The regulations implementing this subsection shall establish a
preference that, to the maximum extent practicable, multi-year
requirements for task order and delivery order contracts be met with
separate awards to two or more sources under the authority of section
2304a(d)(1)(B) of this title.''.
(b) Effective <<NOTE: 10 USC 2306c note.>> Date.--Subsection (g) of
section 2306c of title 10, United States Code, as added by subsection
(a), shall apply to all task order and delivery order contracts entered
into on or after the date of the enactment of this Act.
(c) Comptroller General Report.--Not later than March 15, 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 contract periods (including any options
or extensions) for all single and multiple contract awards entered into
under section 2304a(d) of
[[Page 116 STAT. 2609]]
title 10, United States Code, before the effective date in subsection
(b).
SEC. 812. ONE-YEAR EXTENSION OF PROGRAM APPLYING SIMPLIFIED PROCEDURES
TO CERTAIN COMMERCIAL ITEMS; REPORT.
(a) Extension of Pilot Program.--Section 4202 of the Clinger-Cohen
Act of 1996 (divisions D and E of Public Law 104-106; 10 U.S.C. 2304
note) is amended in subsection (e) by striking ``January 1, 2003'' and
inserting ``January 1, 2004''.
(b) Report Required.--(1) Not later than March 15, 2003, the
Comptroller General shall submit to Congress a report on the authority
to issue solicitations for purchases of commercial items in excess of
the simplified acquisition threshold pursuant to the special simplified
procedures authorized by section 2304(g)(1) of title 10, United States
Code, and section 31(a) of the Office of Federal Procurement Policy Act
(41 U.S.C. 427(a)).
(2) The report required by paragraph (1) shall address, at a
minimum--
(A) the extent to which such authority has been used by the
Secretary of Defense;
(B) the benefits realized by the Department of Defense
through the use of such authority;
(C) the impact of the use of such authority on competition
for contracts with the Department of Defense; and
(D) any recommendations of the Comptroller General for the
continuation or modification of such authority.
SEC. 813. EXTENSION AND IMPROVEMENT OF PERSONNEL DEMONSTRATION POLICIES
AND PROCEDURES APPLICABLE TO THE CIVILIAN ACQUISITION
WORKFORCE.
(a) Plan Required.--(1) The Secretary of Defense shall develop a
plan for improving the personnel management policies and procedures
applicable to the Department of Defense civilian acquisition workforce
based on the results of the demonstration project described in section
4308 of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law
104-106; 10 U.S.C. 1701 note).
(2) Not later than February 15, 2003, the Secretary shall submit to
Congress the plan required under paragraph (1) and a report on the plan,
including any recommendations for legislative action necessary to
implement the plan.
(b) Extension of Demonstration Project Authority.--Section 4308 of
the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106;
10 U.S.C. 1701 note) is amended--
(1) in subsection (b)(2)(C), by striking ``subsection
(d)(1)(A)'' and inserting ``subsection (d)(1)'';
(2) by amending subparagraph (B) of subsection (b)(3) to
read as follows:
``(B) commences before October 1, 2007.''; and
(3) by adding at the end the following new subsection:
``(e) Termination of Authority.--The authority to conduct a
demonstration program under this section shall terminate on September
30, 2012.''.
[[Page 116 STAT. 2610]]
SEC. 814. PAST PERFORMANCE GIVEN SIGNIFICANT WEIGHT IN RENEWAL OF
PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENTS.
Section 2413 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) In conducting a competition for the award of a cooperative
agreement under subsection (a), and in determining the level of funding
to provide under an agreement under subsection (b), the Secretary shall
give significant weight to successful past performance of eligible
entities under a cooperative agreement under this section.''.
SEC. 815. INCREASED MAXIMUM AMOUNT OF ASSISTANCE FOR TRIBAL
ORGANIZATIONS OR ECONOMIC ENTERPRISES CARRYING OUT
PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS IN TWO OR MORE
SERVICE AREAS.
Section 2414(a)(4) of title 10, United States Code, is amended by
striking ``$300,000'' and inserting ``$600,000''.
SEC. 816. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES
AND CERTAIN INSTITUTIONS OF HIGHER EDUCATION.
Section 2323(k) of title 10, United States Code, is amended by
striking ``2003'' both places it appears and inserting ``2006''.
SEC. 817. <<NOTE: 10 USC 2306a note.>> GRANTS OF EXCEPTIONS TO COST OR
PRICING DATA CERTIFICATION REQUIREMENTS AND WAIVERS OF COST
ACCOUNTING STANDARDS.
(a) Guidance for Exceptions in Exceptional Circumstances.--
Not <<NOTE: Deadline.>> later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall issue guidance on
the circumstances under which it is appropriate to grant an exceptional
case exception or waiver with respect to certified cost and pricing data
and cost accounting standards.
(b) Determination Required for Exceptional Case Exception or
Waiver.--The guidance shall, at a minimum, include a limitation that a
grant of an exceptional case exception or waiver is appropriate with
respect to a contract, subcontract, or (in the case of submission of
certified cost and pricing data) modification only upon a determination
that--
(1) the property or services cannot reasonably be obtained
under the contract, subcontract, or modification, as the case
may be, without the grant of the exception or waiver;
(2) the price can be determined to be fair and reasonable
without the submission of certified cost and pricing data or the
application of cost accounting standards, as the case may be;
and
(3) there are demonstrated benefits to granting the
exception or waiver.
(c) Applicability of New Guidance.--The guidance issued under
subsection (a) shall apply to each exceptional case exception or waiver
that is granted on or after the date on which the guidance is issued.
(d) Annual Report on Both Commercial Item and Exceptional Case
Exceptions and Waivers With Price or Value Greater Than $15,000,000.--
(1) The Secretary of Defense shall transmit to the congressional defense
committees promptly after the end of each fiscal year a report on
commercial item exceptions,
[[Page 116 STAT. 2611]]
and exceptional case exceptions and waivers, described in paragraph (2)
that were granted during that fiscal year.
(2) The report for a fiscal year shall include--
(A) with respect to any commercial item exception granted in
the case of a contract, subcontract, or contract or subcontract
modification that is expected to have a price of $15,000,000 or
more, an explanation of the basis for the determination that the
products or services to be purchased are commercial items,
including an identification of the specific steps taken to
ensure price reasonableness; and
(B) with respect to any exceptional case exception or waiver
granted in the case of a contract or subcontract that is
expected to have a value of $15,000,000 or more, an explanation
of the basis for the determination described in subsection (b),
including an identification of the specific steps taken to
ensure that the price was fair and reasonable.
(e) Definitions.--In this section:
(1) The term ``exceptional case exception or waiver'' means
either of the following:
(A) An exception pursuant to section 2306a(b)(1)(C)
of title 10, United States Code, relating to submission
of certified cost and pricing data.
(B) A waiver pursuant to section 26(f)(5)(B) of the
Office of Federal Procurement Policy Act (41 U.S.C.
422(f)(5)(B)), relating to the applicability of cost
accounting standards to contracts and subcontracts.
(2) The term ``commercial item exception'' means an
exception pursuant to section 2306a(b)(1)(B) of title 10, United
States Code, relating to submission of certified cost and
pricing data.
SEC. 818. TIMING OF CERTIFICATION IN CONNECTION WITH WAIVER OF
SURVIVABILITY AND LETHALITY TESTING REQUIREMENTS.
(a) Certification for Expedited Programs.--Paragraph (1) of
subsection (c) of section 2366 of title 10, United States Code, is
amended to read as follows:
``(1) The Secretary of Defense may waive the application of the
survivability and lethality tests of this section to a covered system,
munitions program, missile program, or covered product improvement
program if the Secretary determines that live-fire testing of such
system or program would be unreasonably expensive and impractical and
submits a certification of that determination to Congress--
``(A) before Milestone B approval for the system or program;
or
``(B) in the case of a system or program initiated at--
``(i) Milestone B, as soon as is practicable after
the Milestone B approval; or
``(ii) Milestone C, as soon as is practicable after
the Milestone C approval.''.
(b) Definitions.--Subsection (e) of such section is amended by
adding at the end the following new paragraphs:
``(8) The term `Milestone B approval' means a decision to
enter into system development and demonstration pursuant to
guidance prescribed by the Secretary of Defense for the
management of Department of Defense acquisition programs.
[[Page 116 STAT. 2612]]
``(9) The term `Milestone C approval' means a decision to
enter into production and deployment pursuant to guidance
prescribed by the Secretary of Defense for the management of
Department of Defense acquisition programs.''.
SEC. 819. CONTRACTING WITH FEDERAL PRISON INDUSTRIES.
(a) Assurance of Best Value for National Defense.--(1) Section 2410n
of title 10, United States Code, is amended--
(A) in subsection (a)--
(i) by amending the heading to read as follows:
``Market Research.--''; and
(ii) by striking ``comparable in price, quality, and
time of delivery to products available from the private
sector'' and inserting ``comparable to products
available from the private sector that best meet the
Department's needs in terms of price, quality, and time
of delivery'';
(B) by striking subsection (b) and inserting the following:
``(b) Competition Requirement.--If the Secretary determines that a
Federal Prison Industries product is not comparable in price, quality,
or time of delivery to products available from the private sector that
best meet the Department's needs in terms of price, quality, and time of
delivery, the Secretary shall use competitive procedures for the
procurement of the product or shall make an individual purchase under a
multiple award contract. In conducting such a compeititon or making such
a purchase, the Secretary shall consider a timely offer from Federal
Prison Industries.''; and
(C) by adding at the end the following new subsections:
``(c) Implementation by Secretary of Defense.--The Secretary of
Defense shall ensure that--
``(1) the Department of Defense does not purchase a Federal
Prison Industries product or service unless a contracting
officer of the Department determines that the product or service
is comparable to products or services available from the private
sector that best meet the Department's needs in terms of price,
quality, and time of delivery; and
``(2) Federal Prison Industries performs its contractual
obligations to the same extent as any other contractor for the
Department of Defense.
``(d) Market Research Determination Not Subject to Review.--A
determination by a contracting officer regarding whether a product or
service offered by Federal Prison Industries is comparable to products
or services available from the private sector that best meet the
Department's needs in terms of price, quality, and time of delivery
shall not be subject to review pursuant to section 4124(b) of title 18.
``(e) Performance as a Subcontractor.--(1) A contractor or potential
contractor of the Department of Defense may not be required to use
Federal Prison Industries as a subcontractor or supplier of products or
provider of services for the performance of a Department of Defense
contract by any means, including means such as--
``(A) a contract solicitation provision requiring a
contractor to offer to make use of products or services of
Federal Prison Industries in the performance of the contract;
[[Page 116 STAT. 2613]]
``(B) a contract specification requiring the contractor to
use specific products or services (or classes of products or
services) offered by Federal Prison Industries in the
performance of the contract; or
``(C) any contract modification directing the use of
products or services of Federal Prison Industries in the
performance of the contract.
``(2) In this subsection, the term `contractor', with respect to a
contract, includes a subcontractor at any tier under the contract.
``(f) Protection of Classified and Sensitive Information.--The
Secretary of Defense may not enter into any contract with Federal Prison
Industries under which an inmate worker would have access to--
``(1) any data that is classified;
``(2) any geographic data regarding the location of--
``(A) surface and subsurface infrastructure
providing communications or water or electrical power
distribution;
``(B) pipelines for the distribution of natural gas,
bulk petroleum products, or other commodities; or
``(C) other utilities; or
``(3) any personal or financial information about any
individual private citizen, including information relating to
such person's real property however described, without the prior
consent of the individual.
``(g) Definitions.--In this section:
``(1) The term `competitive procedures' has the meaning
given such term in section 2302(2) of this title.
``(2) The term `market research' means obtaining specific
information about the price, quality, and time of delivery of
products available in the private sector through a variety of
means, which may include--
``(A) contacting knowledgeable individuals in
government and industry;
``(B) interactive communication among industry,
acquisition personnel, and customers; and
``(C) interchange meetings or pre-solicitation
conferences with potential offerors.''.
(2) <<NOTE: Effective date. 10 USC 2410n note.>> Paragraph (1) and
the amendments made by such paragraph shall take effect as of October 1,
2001.
(b) Regulatory <<NOTE: Publication. Deadlines. 10 USC 2410n
note.>> Implementation.--(1) Proposed revisions to the Department of
Defense Supplement to the Federal Acquisition Regulation to implement
this section shall be published not later than 90 days after the date of
the enactment of this Act, and not less than 60 days shall be provided
for public comment on the proposed revisions.
(2) Final regulations shall be published not later than 180 days
after the date of the enactment of this Act and shall be effective on
the date that is 30 days after the date of the publication.
SEC. 820. REVISIONS TO MULTIYEAR CONTRACTING AUTHORITY.
(a) Use of Procurement and Advance Procurement Funds.--Section
2306b(i) of title 10, United States Code, is amended by adding at the
end the following new paragraph:
``(4)(A) The Secretary of Defense may obligate funds for procurement
of an end item under a multiyear contract for the purchase of property
only for procurement of a complete and usable end item.
[[Page 116 STAT. 2614]]
``(B) The Secretary of Defense may obligate funds appropriated for
any fiscal year for advance procurement under a contract for the
purchase of property only for the procurement of those long-lead items
necessary in order to meet a planned delivery schedule for complete
major end items that are programmed under the contract to be acquired
with funds appropriated for a subsequent fiscal year (including an
economic order quantity of such long-lead items when authorized by
law).''.
(b) Effective <<NOTE: 10 USC 2306b note.>> Date.--(1) Paragraph (4)
of section 2306b(i) of title 10, United States Code, as added by
subsection (a), shall not apply with respect to any contract awarded
before the date of the enactment of this Act.
(2) Nothing in this section shall be construed to authorize the
expenditure of funds under any contract awarded before the date of the
enactment of this Act for any purpose other than the purpose for which
such funds have been authorized and appropriated.
Subtitle C--Acquisition-Related Reports and Other Matters
SEC. 821. EVALUATION OF TRAINING, KNOWLEDGE, AND RESOURCES REGARDING
NEGOTIATION OF INTELLECTUAL PROPERTY ARRANGEMENTS.
(a) Availability of Training, Knowledge, and Resources.--The
Secretary of Defense shall evaluate the training, knowledge, and
resources needed by the Department of Defense in order to effectively
negotiate intellectual property rights using the principles of the
Defense Federal Acquisition Regulation Supplement and determine whether
the Department of Defense currently has in place the training,
knowledge, and resources available to meet those Departmental needs.
(b) Report.--Not <<NOTE: Deadline.>> later than February 1, 2003,
the Secretary of Defense shall submit to Congress a report describing--
(1) the results of the evaluation performed under subsection
(a);
(2) to the extent the Department does not have adequate
training, knowledge, and resources available, actions to be
taken to improve training and knowledge and to make resources
available to meet the Department's needs; and
(3) the number of Department of Defense legal personnel
trained in negotiating intellectual property arrangements.
SEC. 822. INDEPENDENT TECHNOLOGY READINESS ASSESSMENTS.
Section 804(b) of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1180) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) identify each case in which an authoritative decision
has been made within the Department of Defense not to conduct an
independent technology readiness assessment for a critical
technology on a major defense acquisition program and explain
the reasons for the decision.''.
[[Page 116 STAT. 2615]]
SEC. 823. EXTENSION AND AMENDMENT OF REQUIREMENT FOR ANNUAL REPORT ON
DEFENSE COMMERCIAL PRICING MANAGEMENT IMPROVEMENT.
Section 803(c)(4) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2082; 10 U.S.C. 2306a note) is amended--
(1) by striking ``2000, 2001, and 2002,'' and inserting
``2000 through 2006,'';
(2) by inserting after ``were conducted'' the following:
``by the Secretary of each military department and the Director
of the Defense Logistics Agency''; and
(3) by inserting after ``actions taken'' the following: ``by
each Secretary and the Director''.
SEC. 824. ASSESSMENT OF PURCHASES OF PRODUCTS AND SERVICES THROUGH
CONTRACTS WITH OTHER FEDERAL DEPARTMENTS AND AGENCIES.
(a) Requirement for Assessment.--The Secretary of Defense shall
carry out an assessment of purchases by the Department of Defense of
products and services through contracts entered into with other Federal
departments and agencies.
(b) Period Covered by Assessment.--The assessment required by
subsection (a) shall cover purchases made during fiscal years 2000
through 2002.
(c) Report.--Not <<NOTE: Deadline.>> later than February 1, 2003,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
results of the assessment conducted under subsection (a). The report
shall include the following:
(1) The total amount paid by the Department of Defense as
fees for the acquisition of such products and services.
(2) A determination of whether such total amount paid is
excessive and should be reduced.
(3) A description of the benefits received by the Department
as a result of purchasing such products and services through
such contracts.
SEC. 825. REPEAL OF CERTAIN REQUIREMENTS AND COMPTROLLER GENERAL REVIEWS
OF THE REQUIREMENTS.
(a) Termination of Authority To Transfer Funds into Defense
Modernization Account.--(1) Paragraph (1) of section 912(c) of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 110 Stat. 410; 10 U.S.C. 2216 note) is amended by striking
``September 30, 2003'' and inserting ``September 30, 2002''.
(2) Section 912(d) of such Act (110 Stat. 410; 10 U.S.C. 2216 note),
relating to Comptroller General reviews of the administration of the
Defense Modernization Account, is repealed.
(b) Repeal of Solutions-Based Contracting Pilot Program.--(1)
Section 11522 of title 40, United States Code, is repealed.
(2)(A) Section 11501 of title 40, United States Code, is amended--
(i) in the section heading, by striking ``programs'' and
inserting ``program'';
(ii) in subsection (a)(1), by striking ``conduct pilot
programs'' and inserting ``conduct a pilot program pursuant to
the requirements of section 11521 of this title'';
[[Page 116 STAT. 2616]]
(iii) in subsection (a)(2), by striking ``each pilot
program'' and inserting ``the pilot program'';
(iv) in subsection (b)--
(I) by striking ``Limitations.--'' and all that
follows through ``pilot programs conducted'' and
inserting the following: ``Limitation on Amount.--The
total amount obligated for contracts entered into under
the pilot program conducted''; and
(II) by striking ``paragraph.'' and inserting
``subsection.''; and
(v) in subsection (c)(1), by striking ``a pilot'' and
inserting ``the pilot''.
(B) The following provisions of chapter 115 of such title are each
amended by striking ``a pilot'' each place it appears and inserting
``the pilot'':
(i) Section 11502(a).
(ii) Section 11502(b).
(iii) Section 11503(a).
(iv) Section 11504.
(C) Section 11505 of such chapter is amended by striking
``programs'' and inserting ``program''.
(3)(A) The chapter heading for chapter 115 of such title is amended
by striking ``PROGRAMS'' and inserting ``PROGRAM''.
(B) The subchapter heading for subchapter I and for subchapter II of
such chapter are each amended by striking ``PROGRAMS'' and inserting
``PROGRAM''.
(C) The item relating to subchapter I in the table of sections at
the beginning of such chapter is amended to read as follows:
``SUBCHAPTER I--CONDUCT OF PILOT PROGRAM''.
(D) The item relating to subchapter II in the table of sections at
the beginning of such chapter is amended to read as follows:
``SUBCHAPTER II--SPECIFIC PILOT PROGRAM''.
(E) The item relating to section 11501 in the table of sections at
the beginning of such is amended by striking ``programs'' and inserting
``program''.
(F) The table of sections at the beginning of such chapter is
amended by striking the item relating to section 11522.
(G) The item relating to chapter 115 in the table of chapters for
subtitle III of title 40, United States Code, is amended to read as
follows:
``115. INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM.........11501''.
(c) Repeal of On-Line Multiple Award Schedule Contracting
Requirements.--(1) Section 11701 of title 40, United States Code, is
repealed.
(2) Sections 11702, 11703, and 11704 of such title are redesignated
as sections 11701, 11702, and 11703, respectively.
(3) The table of sections for chapter 117 of such title is amended--
(A) by striking the item relating to section 11701; and
(B) by redesignating the items relating to sections 11702,
11703, and 11704 as sections 11701, 11702, and 11703,
respectively.
[[Page 116 STAT. 2617]]
SEC. 826. MULTIYEAR PROCUREMENT AUTHORITY FOR PURCHASE OF DINITROGEN
TETROXIDE, HYDRAZINE, AND HYDRAZINE-RELATED PRODUCTS.
(a) In General.--Chapter 141 of title 10, United States Code, is
amended by inserting after section 2410n the following new section:
``Sec. 2410o. Multiyear procurement authority: purchase of dinitrogen
tetroxide, hydrazine, and hydrazine-related
products
``(a) Ten-Year Contract Period.--The Secretary of Defense may enter
into a contract for a period of up to 10 years for the purchase of
dinitrogen tetroxide, hydrazine, and hydrazine-related products for the
support of a United States national security program or a United States
space program.
``(b) Extensions.--A contract entered into for more than one year
under the authority of subsection (a) may be extended for a total of not
more than 10 years pursuant to any option or options set forth in the
contract.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following item:
``2410o. Multiyear procurement authority: purchase of dinitrogen
tetroxide, hydrazine, and hydrazine-related products.''.
SEC. 827. MULTIYEAR PROCUREMENT AUTHORITY FOR ENVIRONMENTAL SERVICES FOR
MILITARY INSTALLATIONS.
(a) Authority.--Subsection (b) of section 2306c of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(5) Environmental remediation services for--
``(A) an active military installation;
``(B) a military installation being closed or
realigned under a base closure law; or
``(C) a site formerly used by the Department of
Defense.''.
(b) Definitions.--Such section, as amended by section 811, is
further amended by adding at the end the following new subsection:
``(h) Additional Definitions.--In this section:
``(1) The term `base closure law' has the meaning given such
term in section 2667(h)(2) of this title.
``(2) The term `military installation' has the meaning given
such term in section 2801(c)(2) of this title.''.
SEC. 828. REPORT ON EFFECTS OF ARMY CONTRACTING AGENCY.
(a) In general.--The Secretary of the Army shall submit a report on
the effects of the establishment of an Army Contracting Agency on small
business participation in Army procurements during the first year of
operation of such an agency to--
(1) the Committee on Armed Services of the House of
Representatives;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Small Business of the House of
Representatives; and
(4) the Committee on Small Business and Entrepreneurship of
the Senate.
[[Page 116 STAT. 2618]]
(b) Content.--The report required under subsection (a) shall
include, in detail--
(1) the justification for the establishment of an Army
Contracting Agency;
(2) the impact of the creation of an Army Contracting Agency
on--
(A) Army compliance with--
(i) Department of Defense Directive 4205.1;
(ii) section 15(g) of the Small Business Act
(15 U.S.C. 644(g)); and
(iii) section 15(k) of the Small Business Act
(15 U.S.C. 644(k)); and
(B) small business participation in Army procurement
of products and services for affected Army
installations, including--
(i) the impact on small businesses located
near Army installations, including--
(I) the increase or decrease in the
total value of Army prime contracting
with local small businesses; and
(II) the opportunities for small
business owners to meet and interact
with Army procurement personnel; and
(ii) any change or projected change in the use
of consolidated contracts and bundled contracts;
and
(3) a description of the Army's plan to address any negative
impact on small business participation in Army procurement, to
the extent such impact is identified in the report.
(c) Time for Submission.--The report under this section shall be
submitted 15 months after the date of the establishment of the Army
Contracting Agency.
SEC. 829. <<NOTE: 50 USC app. 2093 note.>> AUTHORIZATION TO TAKE ACTIONS
TO CORRECT THE INDUSTRIAL RESOURCE SHORTFALL FOR RADIATION-
HARDENED ELECTRONICS.
Notwithstanding the limitation in section 303(a)(6)(C) of the
Defense Production Act of 1950 (50 U.S.C. App. 2093(a)(6)(C)), action or
actions may be taken under section 303 of that Act to correct the
industrial resource shortfall for radiation-hardened electronics, if
such actions do not cause the aggregate outstanding amount of all such
actions to exceed $106,000,000.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Duties and Functions of Department of Defense Officers
Sec. 901. Under Secretary of Defense for Intelligence.
Sec. 902. Reorganization of Office of Secretary of Defense for
administration of duties relating to homeland defense and
combating terrorism.
Subtitle B--Space Activities
Sec. 911. Oversight of acquisition for defense space programs.
Sec. 912. Report regarding assured access to space for the United
States.
Subtitle C--Reports
Sec. 921. Report on establishment of United States Northern Command.
Sec. 922. Time for submittal of report on Quadrennial Defense Review.
Sec. 923. National defense mission of Coast Guard to be included in
future Quadrennial Defense Reviews.
[[Page 116 STAT. 2619]]
Sec. 924. Report on establishment of a Joint National Training Complex
and joint opposing forces.
Subtitle D--Other Matters
Sec. 931. Authority to accept gifts for National Defense University.
Sec. 932. Western Hemisphere Institute for Security Cooperation.
Sec. 933. Conforming amendment to reflect disestablishment of Department
of Defense Consequence Management Program Integration Office.
Sec. 934. Increase in number of Deputy Commandants of the Marine Corps.
Subtitle A--Duties and Functions of Department of Defense Officers
SEC. 901. UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE.
(a) Establishment of Position.--Chapter 4 of title 10, United States
Code, is amended--
(1) by transferring section 137 within such chapter to
appear after section 139 and redesignating that section as
section 139a; and
(2) by inserting after section 136a the following new
section 137:
``Sec. 137. Under Secretary of Defense for Intelligence
``(a) There is an Under Secretary of Defense for Intelligence,
appointed from civilian life by the President, by and with the advice
and consent of the Senate.
``(b) Subject to the authority, direction, and control of the
Secretary of Defense, the Under Secretary of Defense for Intelligence
shall perform such duties and exercise such powers as the Secretary of
Defense may prescribe in the area of intelligence.
``(c) The Under Secretary of Defense for Intelligence takes
precedence in the Department of Defense after the Under Secretary of
Defense for Personnel and Readiness.''.
(b) Conforming Amendments.--(1) Section 131(b) of such title is
amended--
(A) by striking paragraphs (2) through (5) and inserting the
following:
``(2) The Under Secretaries of Defense, as follows:
``(A) The Under Secretary of Defense for
Acquisition, Technology, and Logistics.
``(B) The Under Secretary of Defense for Policy.
``(C) The Under Secretary of Defense (Comptroller).
``(D) The Under Secretary of Defense for Personnel
and Readiness.
``(E) The Under Secretary of Defense for
Intelligence.''; and
(B) by redesignating paragraphs (6), (7), (8), (9), (10),
and (11) as paragraphs (3), (4), (5), (6), (7), and (8),
respectively.
(2) The table of sections at the beginning of chapter 4 of such
title is amended--
(A) by striking the item relating to section 137 and
inserting the following:
``137. Under Secretary of Defense for Intelligence.'';
and
[[Page 116 STAT. 2620]]
(B) by inserting after the item relating to section 139 the
following new item:
``139a. Director of Defense Research and Engineering.''.
(c) Executive Level III.--Section 5314 of title 5, United States
Code, is amended by inserting after ``Under Secretary of Defense for
Personnel and Readiness.'' the following:
``Under Secretary of Defense for Intelligence.''.
(d) Relationship <<NOTE: 10 USC 137 note.>> to Authorities Under
National Security Act of 1947.--Nothing in section 137 of title 10,
United States Code, as added by subsection (a), shall supersede or
modify the authorities of the Secretary of Defense and the Director of
Central Intelligence as established by the National Security Act of 1947
(50 U.S.C. 401 et seq.).
(e) Report.--Not <<NOTE: Deadline.>> later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the establishment of the position of Under
Secretary of Defense for Intelligence. The report shall set forth the
following:
(1) The mission prescribed for that Under Secretary.
(2) The organizational structure established for the office
of that Under Secretary.
(3) The relationship of that Under Secretary with the Under
Secretary of Defense for Acquisition, Technology, and Logistics
and the Under Secretary of Defense for Policy.
(4) The relationship of that Under Secretary with each of
the following intelligence components of the Department of
Defense: the National Security Agency, the Defense Intelligence
Agency, the National Imagery and Mapping Agency, and the
National Reconnaissance Office.
(5) The mission of the position designated, as of the date
of the enactment of this Act, as Assistant Secretary of Defense
for Command, Control, Communications, and Intelligence and the
relationship of that position to the Under Secretary of Defense
for Intelligence.
SEC. 902. REORGANIZATION OF OFFICE OF SECRETARY OF DEFENSE FOR
ADMINISTRATION OF DUTIES RELATING TO HOMELAND DEFENSE AND
COMBATING TERRORISM.
(a) Assistant Secretary of Defense for Homeland Defense.--Section
138(b) of title 10, United States Code, is amended by inserting after
paragraph (2) the following new paragraph:
``(3) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Homeland Defense. He shall have as his
principal duty the overall supervision of the homeland defense
activities of the Department of Defense.''.
(b) Transfer to Under Secretary of Defense for Policy of
Responsibility for Combating Terrorism.--Section 134(b) of such title is
amended by adding at the end the following new paragraph:
``(4) Subject to the authority, direction, and control of the
Secretary of Defense, the Under Secretary of Defense for Policy shall
have overall direction and supervision for policy, program planning and
execution, and allocation and use of resources for the activities of the
Department of Defense for combating terrorism.''.
[[Page 116 STAT. 2621]]
(c) Conforming Amendment.--Section 138(b) of such title is amended
by striking paragraph (6).
(d) Repeal of Previous Contingent Reduction in Number of Assistant
Secretaries of Defense.--Subsections (c) and (d) of section 901 of the
National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-
107; 115 Stat. 1194) <<NOTE: 5 USC 5315; 10 USC 138.>> are repealed.
Subtitle B--Space Activities
SEC. 911. OVERSIGHT OF ACQUISITION FOR DEFENSE SPACE PROGRAMS.
(a) In General.--The Secretary of Defense shall provide for
oversight of acquisition for defense space programs through appropriate
organizations of the Office of the Secretary of Defense.
(b) Report <<NOTE: Deadline.>> on Oversight.--(1) Not later than
March 15, 2003, the Secretary of Defense shall submit to the
congressional defense committees a detailed plan on how the Office of
the Secretary of Defense shall provide oversight of acquisition for
defense space programs.
(2) The plan shall set forth the following:
(A) The organizations in the Office of the Secretary of
Defense, and the Joint Staff organizations, to be involved in
oversight of acquisition for defense space programs.
(B) The process for the review of acquisition for defense
space programs by the organizations specified under subparagraph
(A).
(C) The process for the provision by such organizations of
technical, programmatic, scheduling, and budgetary oversight of
acquisition for defense space programs.
(D) The process for the development of independent cost
estimates for acquisition for defense space programs, including
the organization responsible for developing such cost estimates
and when such cost estimates shall be required.
(E) The process by which the military departments, Defense
Agencies, and organizations in the Office of the Secretary of
Defense develop and coordinate the budgets for acquisition for
defense space programs.
(F) The process for the resolution of conflicts among the
Department of Defense elements referred to in subparagraphs (A)
and (E) regarding acquisition for defense space programs.
(c) Defense Space Program Defined.--In this section, the term
``defense space program'' means a program of the Department of Defense
that--
(1) is included in the ``virtual major force program'' for
space activities that was established by the Secretary of
Defense and was to have been submitted with the 2003 fiscal year
budget for the Department of Defense; or
(2) after the date of the enactment of this Act, is included
in a virtual major force program for space categories or in a
major force program for space activities established after such
date.
SEC. 912. REPORT REGARDING ASSURED ACCESS TO SPACE FOR THE UNITED
STATES.
(a) Plan.--The Secretary of Defense shall--
[[Page 116 STAT. 2622]]
(1) evaluate all options for sustaining the space launch
industrial base of the United States; and
(2) develop an integrated, long-range, and adequately funded
plan for assuring access to space by the United States.
(b) Report.--Not <<NOTE: Deadline.>> later than March 1, 2003, the
Secretary of Defense shall submit to Congress a report on the plan
developed under subsection (a)(2).
Subtitle C--Reports
SEC. 921. <<NOTE: Deadline.>> REPORT ON ESTABLISHMENT OF UNITED STATES
NORTHERN COMMAND.
Not later than March 1, 2003, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report providing an implementation plan for the
establishment of the United States Northern Command, which is
established effective October 1, 2002. The report shall address the
following:
(1) The required budget for standing-up and maintaining that
command over the period of the future-years defense program.
(2) The rationale for the selection of Peterson Air Force
Base, Colorado, as the headquarters of that command, the
criteria used in the selection of Peterson Air Force Base, and
the alternative locations considered for that headquarters.
(3) The required military and civilian personnel levels for
the headquarters of that command and a specification of the
combatant commands and other Department of Defense sources from
which such headquarters personnel will be transferred, shown by
the number of military and civilian personnel from each such
command or other Department of Defense source.
(4) The organization of the command, a justification of any
components of the command, and a review of organizations and
units permanently assigned or tasked to the command.
(5) The relationship of that command (A) to the Office of
Homeland Security, the Department of Homeland Security, the
Homeland Security Council, and any other Federal coordinating
entity, (B) to other Federal departments and agencies, and (C)
to State and local law enforcement agencies.
(6) The relationship of that command with the National Guard
Bureau, individual State National Guard Headquarters, and State
and local officials the command may be called upon to provide
support.
(7) The legal implications of members of the Armed Forces,
including the National Guard in both Federal and State status,
operating on United States territory pursuant to missions,
operations, or activities of that command.
(8) The status of Department of Defense consultations--
(A) with Canada regarding Canada's role in, or
relationship with, and any expansion of mission for, the
North American Air Defense Command; and
(B) with Mexico regarding Mexico's role in, or
relationship with, the United States Northern Command.
(9) The status of United States consultations with the North
Atlantic Treaty Organization relating to the position
[[Page 116 STAT. 2623]]
of Supreme Allied Commander, Atlantic, and the new chain of
command for that position.
(10) The effect of the creation of the United States
Northern Command on the mission, budget, and resource levels of
other combatant commands, particularly the United States Joint
Forces Command.
SEC. 922. TIME FOR SUBMITTAL OF REPORT ON QUADRENNIAL DEFENSE REVIEW.
Section 118(d) of title 10, United States Code, is amended by
striking ``not later than September 30 of the year in which the review
is conducted'' in the second sentence and inserting ``in the year
following the year in which the review is conducted, but not later than
the date on which the President submits the budget for the next fiscal
year to Congress under section 1105(a) of title 31''.
SEC. 923. NATIONAL DEFENSE MISSION OF COAST GUARD TO BE INCLUDED IN
FUTURE QUADRENNIAL DEFENSE REVIEWS.
Section 118(d) of title 10, United States Code, is amended--
(1) by redesignating paragraph (14) as paragraph (15); and
(2) by inserting after paragraph (13) the following new
paragraph:
``(14) The national defense mission of the Coast Guard.''.
SEC. 924. REPORT ON ESTABLISHMENT OF A JOINT NATIONAL TRAINING COMPLEX
AND JOINT OPPOSING FORCES.
(a) Report Required.--The commander of the United States Joint
Forces Command shall submit to the Secretary of Defense a report that
outlines a plan that would provide for the development and
implementation of a joint national training concept together with the
establishment of a joint training complex for supporting the
implementation of that concept. Such a concept and complex--
(1) may include various training sites, mobile training
ranges, public and private modeling and simulation centers, and
appropriate joint opposing forces; and
(2) shall be capable of supporting field exercises and
experimentation at the operational level of war across a broad
spectrum of adversary capabilities.
(b) Submission <<NOTE: Deadline.>> of Report.--Not later than six
months after the date of the enactment of this Act, the Secretary shall
submit the report under subsection (a), together with any comments that
the Secretary considers appropriate and any comments that the Chairman
of the Joint Chiefs of Staff considers appropriate, to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives. The report may be included in the next annual
report submitted under section 485 of title 10, United States Code,
after the date of the enactment of this Act or it may be submitted
separately.
(c) Matters To Be Included.--The report under subsection (a) shall
include the following:
(1) An identification and description of the types of joint
training and experimentation that would be conducted at such a
joint national training complex, together with a description of
how such training and experimentation would enhance
accomplishment of the six critical operational goals for the
[[Page 116 STAT. 2624]]
Department of Defense specified at page 30 of the Quadrennial
Defense Review Report of the Secretary of Defense issued on
September 30, 2001.
(2) A discussion of how establishment of such a complex
(including joint opposing forces) would promote innovation and
transformation throughout the Department of Defense.
(3) A discussion of how results from training and
experiments conducted at such a complex would be taken into
consideration in the Department of Defense plans, programs, and
budgeting process and by appropriate decision making bodies
within the Department of Defense.
(4) A methodology, framework, and options for selecting
sites for such a complex, including consideration of current
training facilities that would accommodate requirements among
all the Armed Forces.
(5) Options for development as part of such a complex of a
joint urban warfare training center that could also be used for
homeland defense and consequence management training for
Federal, State, and local training.
(6) Cost estimates and resource requirements to establish
and maintain such a complex, including estimates of costs and
resource requirements for the use of contract personnel for the
performance of management, operational, and logistics activities
for such a complex.
(7) An explanation of the relationship between and among
such a complex and the Department of Defense Office of
Transformation, the Joint Staff, the United States Joint Forces
Command, the United States Northern Command, and each element of
the major commands within the separate Armed Forces with
responsibility for experimentation and training.
(8) A discussion of how implementation of a joint opposing
force would be established, including the feasibility of using
qualified contractors for the function of establishing and
maintaining joint opposing forces and the role of foreign
forces.
(9) A timeline for the establishment of such a complex and
for such a complex to achieve (A) initial operational
capability, and (B) full operational capability.
Subtitle D--Other Matters
SEC. 931. AUTHORITY TO ACCEPT GIFTS FOR NATIONAL DEFENSE UNIVERSITY.
(a) In General.--Chapter 155 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2612. National Defense University: acceptance of gifts
``(a) The Secretary of Defense may accept, hold, administer, and
spend any gift, including a gift from an international organization and
a foreign gift or donation (as defined in section 2611(f) of this
title), that is made on the condition that it be used in connection with
the operation or administration of the National Defense University. The
Secretary may pay all necessary expenses in connection with the
acceptance of a gift under this subsection.
``(b) There is established in the Treasury a fund to be known as the
`National Defense University Gift Fund'. Gifts of money, and the
proceeds of the sale of property, received under subsection
[[Page 116 STAT. 2625]]
(a) shall be deposited in the fund. The Secretary may disburse funds
deposited under this subsection for the benefit or use of the National
Defense University.
``(c) Subsection (c) of section 2601 of this title applies to
property that is accepted under subsection (a) in the same manner that
such subsection applies to property that is accepted under subsection
(a) of that section.
``(d)(1) Upon request of the Secretary of Defense, the Secretary of
the Treasury may--
``(A) retain money, securities, and the proceeds of the sale
of securities, in the National Defense University Gift Fund; and
``(B) invest money and reinvest the proceeds of the sale of
securities in that fund in securities of the United States or in
securities guaranteed as to principal and interest by the United
States.
``(2) The interest and profits accruing from those securities shall
be deposited to the credit of the fund and may be disbursed as provided
in subsection (b).
``(e) In this section:
``(1) the term `gift' includes a devise of real property or
a bequest of personal property and any gift of an interest in
real property.
``(2) The term `National Defense University' includes any
school or other component of the National Defense University
specified under section 2165(b) of this title.
``(f) The Secretary of Defense shall prescribe regulations to carry
out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2612. National Defense University: acceptance of gifts.''.
SEC. 932. WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.
(a) Authority To Accept Foreign Gifts and Donations.--Section 2166
of title 10, United States Code, is amended--
(1) by redesignating subsections (f), (g), and (h), as
subsections (g), (h), and (i), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Authority To Accept Foreign Gifts and Donations.--(1) The
Secretary of Defense may, on behalf of the Institute, accept foreign
gifts or donations in order to defray the costs of, or enhance the
operation of, the Institute.
``(2) Funds received by the Secretary under paragraph (1) shall be
credited to appropriations available for the Department of Defense for
the Institute. Funds so credited shall be merged with the appropriations
to which credited and shall be available for the Institute for the same
purposes and same period as the appropriations with which merged.
``(3) <<NOTE: Notification.>> The Secretary of Defense shall notify
Congress if the total amount of money accepted under paragraph (1)
exceeds $1,000,000 in any fiscal year. Any such notice shall list each
of the contributors of such money and the amount of each contribution in
such fiscal year.
[[Page 116 STAT. 2626]]
``(4) For the purposes of this subsection, a foreign gift or
donation is a gift or donation of funds, materials (including research
materials), property, or services (including lecture services and
faculty services) from a foreign government, a foundation or other
charitable organization in a foreign country, or an individual in a
foreign country.''.
(b) Content of Annual Report to Congress.--Subsection (i) of such
section, as redesignated by subsection (a)(1), is amended by inserting
after the first sentence the following: ``The report shall include a
copy of the latest report of the Board of Visitors received by the
Secretary under subsection (e)(5), together with any comments of the
Secretary on the Board's report.''.
SEC. 933. CONFORMING AMENDMENT TO REFLECT DISESTABLISHMENT OF DEPARTMENT
OF DEFENSE CONSEQUENCE MANAGEMENT PROGRAM INTEGRATION
OFFICE.
Section 12310(c)(3) of title 10, United States Code, is amended by
striking ``only--'' and all that follows through ``(B) while assigned''
and inserting ``only while assigned''.
SEC. 934. INCREASE IN NUMBER OF DEPUTY COMMANDANTS OF THE MARINE CORPS.
Section 5045 of title 10, United States Code, is amended by striking
``five'' and inserting ``six''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Authorization of supplemental appropriations for fiscal year
2002.
Sec. 1003. United States contribution to NATO common-funded budgets in
fiscal year 2003.
Sec. 1004. Development and implementation of financial management
enterprise architecture.
Sec. 1005. Accountable officials in the Department of Defense.
Sec. 1006. Uniform standards throughout Department of Defense for
exposure of personnel to pecuniary liability for loss of
Government property.
Sec. 1007. Improvements in purchase card management.
Sec. 1008. Improvements in travel card management.
Sec. 1009. Clearance of certain transactions recorded in Treasury
suspense accounts and resolution of certain check issuance
discrepancies.
Sec. 1010. Authorization of funds for ballistic missile defense programs
or combating terrorism programs of the Department of Defense.
Sec. 1011. Reduction in overall authorization due to inflation savings.
Subtitle B--Naval Vessels and Shipyards
Sec. 1021. Number of Navy combatant surface vessels in active and
reserve service.
Sec. 1022. Annual long-range plan for the construction of naval vessels.
Sec. 1023. Assessment of the feasibility of the expedited equipping of a
Navy ship with a version of the 155-millimeter Advanced Gun
System.
Sec. 1024. Report on initiatives to increase operational days of Navy
ships.
Sec. 1025. Ship combat system industrial base.
Sec. 1026. Sense of Congress concerning aircraft carrier force
structure.
Sec. 1027. Conveyance, Navy drydock, Portland, Oregon.
Subtitle C--Strategic Matters
Sec. 1031. Strategic force structure plan for nuclear weapons and
delivery systems.
Sec. 1032. Annual report on weapons to defeat hardened and deeply buried
targets.
Sec. 1033. Report on effects of nuclear earth-penetrator weapon and
other weapons.
Subtitle D--Reports
Sec. 1041. Repeal and modification of various reporting requirements
applicable to the Department of Defense.
[[Page 116 STAT. 2627]]
Sec. 1042. Requirement that Department of Defense reports to Congress be
accompanied by electronic version.
Sec. 1043. Annual report on the conduct of military operations conducted
as part of Operation Enduring Freedom.
Sec. 1044. Report on efforts to ensure adequacy of fire fighting staffs
at military installations.
Sec. 1045. Report on designation of certain Louisiana highway as Defense
Access Road.
Subtitle E--Extension of Expiring Authorities
Sec. 1051. Extension of authority for Secretary of Defense to sell
aircraft and aircraft parts for use in responding to oil
spills.
Sec. 1052. Six-month extension of expiring Governmentwide information
security requirements; continued applicability of expiring
Governmentwide information security requirements to the
Department of Defense.
Sec. 1053. Two-year extension of authority of the Secretary of Defense
to engage in commercial activities as security for
intelligence collection activities abroad.
Subtitle F--Other Matters
Sec. 1061. Time for transmittal of annual defense authorization
legislative proposal.
Sec. 1062. Technical and clerical amendments.
Sec. 1063. Use for law enforcement purposes of DNA samples maintained by
Department of Defense for identification of human remains.
Sec. 1064. Enhanced authority to obtain foreign language services during
periods of emergency.
Sec. 1065. Rewards for assistance in combating terrorism.
Sec. 1066. Provision of space and services to military welfare
societies.
Sec. 1067. Prevention and mitigation of corrosion of military equipment
and infrastructure.
Sec. 1068. Transfer of historic DF-9E Panther aircraft to Women Airforce
Service Pilots Museum.
Sec. 1069. Increase in amount authorized to be expended for Department
of Defense program to commemorate 50th anniversary of the
Korean War.
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination by
the Secretary of Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for fiscal year
2003 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the authorization
to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of paragraph (1) may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by subsection (a) 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 subsection (a) 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 116 STAT. 2628]]
(e) Increase in Amount of Transfer Authority Authorized for FY02.--
Section 1001 of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107; 115 Stat. 1201) is amended by striking
``$2,000,000,000'' and inserting ``$2,500,000,000''.
SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR
2002.
(a) DOD Authorizations.--Amounts authorized to be appropriated to
the Department of Defense for fiscal year 2002 in the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107) are hereby
adjusted, with respect to any such authorized amount, by the amount by
which appropriations pursuant to such authorization are increased (by a
supplemental appropriation) or decreased (by a rescission), or both, or
are increased by a transfer of funds, pursuant to chapter 3 or chapter
10 of title I of Public Law 107-206 (116 Stat. 835, 878).
(b) NNSA Authorizations.--Amounts authorized to be appropriated to
the Department of Energy for fiscal year 2002 in the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107) are hereby
adjusted, with respect to any such authorized amount, by the amount by
which appropriations pursuant to such authorization are increased (by a
supplemental appropriation) or decreased (by a rescission), or both, or
are increased by a transfer of funds, pursuant to chapter 5 of title I
of Public Law 107-206 (116 Stat. 848).
(c) Report <<NOTE: Deadline.>> on Fiscal Year 2002 Transfers.--Not
later than January 15, 2003, the Secretary of Defense shall submit to
the congressional defense committees a report stating, for each transfer
during fiscal year 2002 of an amount provided for the Department of
Defense for that fiscal year through a so-called ``transfer account'',
including the Defense Emergency Response Fund or any other similar
account, the amount of the transfer, the appropriation account to which
the transfer was made, and the specific purpose for which the
transferred funds were used.
SEC. 1003. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2003.
(a) Fiscal Year 2003 Limitation.--The total amount contributed by
the Secretary of Defense in fiscal year 2003 for the common-funded
budgets of NATO may be any amount up to, but not in excess of, the
amount specified in subsection (b) (rather than the maximum amount that
would otherwise be applicable to those contributions under the fiscal
year 1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under
subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2002, of funds appropriated for fiscal years before
fiscal year 2003 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be appropriated by
titles II and III of this Act are available for contributions for the
common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $750,000 for
the Civil Budget.
[[Page 116 STAT. 2629]]
(2) Of the amount provided in section 301(1), $205,623,000
for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-funded
budgets of NATO'' means the Military Budget, the Security
Investment Program, and the Civil Budget of the North Atlantic
Treaty Organization (and any successor or additional account or
program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term ``fiscal
year 1998 baseline limitation'' means the maximum annual amount
of Department of Defense contributions for common-funded budgets
of NATO that is set forth as the annual limitation in section
3(2)(C)(ii) of the resolution of the Senate giving the advice
and consent of the Senate to the ratification of the Protocols
to the North Atlantic Treaty of 1949 on the Accession of Poland,
Hungary, and the Czech Republic (as defined in section 4(7) of
that resolution), approved by the Senate on April 30, 1998.
SEC. 1004. <<NOTE: 10 USC 113 note.>> DEVELOPMENT AND IMPLEMENTATION OF
FINANCIAL MANAGEMENT ENTERPRISE ARCHITECTURE.
(a) Requirement for Enterprise Architecture and for Transition
Plan.--Not <<NOTE: Deadline.>> later than May 1, 2003, the Secretary of
Defense shall develop--
(1) a financial management enterprise architecture for all
budgetary, accounting, finance, enterprise resource planning,
and mixed information systems of the Department of Defense; and
(2) a transition plan for implementing that financial
management enterprise architecture.
(b) Composition of Enterprise Architecture.--(1) The financial
management enterprise architecture developed under subsection (a)(1)
shall describe an information infrastructure that, at a minimum, would
enable the Department of Defense to--
(A) comply with all Federal accounting, financial
management, and reporting requirements;
(B) routinely produce timely, accurate, and reliable
financial information for management purposes;
(C) integrate budget, accounting, and program information
and systems; and
(D) provide for the systematic measurement of performance,
including the ability to produce timely, relevant, and reliable
cost information.
(2) That enterprise architecture shall also include policies,
procedures, data standards, and system interface requirements that are
to apply uniformly throughout the Department of Defense.
(c) Composition of Transition Plan.--The transition plan developed
under subsection (a)(2) shall include the following:
(1) The acquisition strategy for the enterprise
architecture, including specific time-phased milestones,
performance metrics, and financial and nonfinancial resource
needs.
(2) A listing of the mission critical or mission essential
operational and developmental financial and nonfinancial
management systems of the Department of Defense, as defined by
the Under Secretary of Defense (Comptroller), consistent with
budget justification documentation, together with--
[[Page 116 STAT. 2630]]
(A) the costs to operate and maintain each of those
systems during fiscal year 2002; and
(B) the estimated cost to operate and maintain each
of those systems during fiscal year 2003.
(3) A listing of the operational and developmental financial
management systems of the Department of Defense as of the date
of the enactment of this Act (known as ``legacy systems'') that
will not be part of the objective financial and nonfinancial
management system, together with the schedule for terminating
those legacy systems that provides for reducing the use of those
legacy systems in phases.
(d) Conditions for Obligation of Significant Amounts for Financial
System Improvements.--An amount in excess of $1,000,000 may be obligated
for a defense financial system improvement only if the Under Secretary
of Defense (Comptroller) makes a determination regarding that
improvement as follows:
(1) Before the date of an approval specified in paragraph
(2), a determination that the defense financial system
improvement is necessary for either of the following reasons:
(A) To achieve a critical national security
capability or address a critical requirement in an area
such as safety or security.
(B) To prevent a significant adverse effect (in
terms of a technical matter, cost, or schedule) on a
project that is needed to achieve an essential
capability, taking into consideration in the
determination the alternative solutions for preventing
the adverse effect.
(2) On and after the date of any approval by the Secretary
of Defense of a financial management enterprise architecture and
a transition plan that satisfy the requirements of this section,
a determination that the defense financial system improvement is
consistent with both the enterprise architecture and the
transition plan.
(e) Congressional Reports.--Not <<NOTE: Deadline.>> later than March
15 of each year from 2004 through 2007, the Secretary of Defense shall
submit to the congressional defense committees a report on the progress
of the Department of Defense in implementing the enterprise architecture
and transition plan required by this section. Each report shall include,
at a minimum--
(1) a description of the actions taken during the preceding
fiscal year to implement the enterprise architecture and
transition plan (together with the estimated costs of such
actions);
(2) an explanation of any action planned in the enterprise
architecture and transition plan to be taken during the
preceding fiscal year that was not taken during that fiscal
year;
(3) a description of the actions taken and planned to be
taken during the current fiscal year to implement the enterprise
architecture and transition plan (together with the estimated
costs of such actions); and
(4) a description of the actions taken and planned to be
taken during the next fiscal year to implement the enterprise
architecture and transition plan (together with the estimated
costs of such actions).
(f) Comptroller <<NOTE: Deadlines.>> General Review.--Not later than
60 days after the approval of an enterprise architecture and transition
plan in accordance with the requirements of subsection (a), and not
later than 60 days after the submission of an annual report required
[[Page 116 STAT. 2631]]
by subsection (e), the Comptroller General shall submit to the
congressional defense committees an assessment of the extent to which
the actions taken by the Department comply with the requirements of this
section.
(g) Definitions.--In this section:
(1) The term ``defense financial system improvement'' means
the acquisition of a new budgetary, accounting, finance,
enterprise resource planning, or mixed information system for
the Department of Defense or a modification of an existing
budgetary, accounting, finance, enterprise resource planning, or
mixed information system of the Department of Defense. Such term
does not include routine maintenance and operation of any such
system.
(2) The term ``mixed information system'' means an
information system that supports financial and non-financial
functions of the Federal Government as defined in Office of
Management and Budget Circular A-127 (Financial management
Systems).
(h) Repeal.--(1) Section 2222 of title 10, United States Code, is
repealed. The table of sections at the beginning of chapter 131 of such
title is amended by striking the item relating to such section.
(2) Section 185(d) of such title is amended by striking ``has the
meaning given that term in section 2222(c)(2) of this title'' and
inserting ``means an automated or manual system from which information
is derived for a financial management system or an accounting system''.
SEC. 1005. ACCOUNTABLE OFFICIALS IN THE DEPARTMENT OF DEFENSE.
(a) Accountable Officials Within the Department of Defense.--Chapter
165 of title 10, United States Code, is amended by inserting after
section 2773 the following new section:
``Sec. 2773a. Departmental accountable officials
``(a) Designation by Secretary of Defense.--The Secretary of Defense
may designate any civilian employee of the Department of Defense or
member of the armed forces under the Secretary's jurisdiction who is
described in subsection (b) as an employee or member who, in addition to
any other potential accountability, may be held accountable through
personal monetary liability for an illegal, improper, or incorrect
payment made the Department of Defense described in subsection (c). Any
such designation shall be in writing. Any employee or member who is so
designated may be referred to as a `departmental accountable official'.
``(b) Covered Employees and Members.--An employee or member of the
armed forces described in this subsection is an employee or member who--
``(1) is responsible in the performance of the employee's or
member's duties for providing to a certifying official of the
Department of Defense information, data, or services that are
directly relied upon by the certifying official in the
certification of vouchers for payment; and
``(2) is not otherwise accountable under subtitle III of
title 31 or any other provision of law for payments made on the
basis of such vouchers.
[[Page 116 STAT. 2632]]
``(c) Pecuniary Liability.--(1) The Secretary of Defense may subject
a departmental accountable official to pecuniary liability for an
illegal, improper, or incorrect payment made by the Department of
Defense if the Secretary determines that such payment--
``(A) resulted from information, data, or services that that
official provided to a certifying official and upon which that
certifying official directly relies in certifying the voucher
supporting that payment; and
``(B) was the result of fault or negligence on the part of
that departmental accountable official.
``(2) Pecuniary liability under this subsection shall apply in the
same manner and to the same extent as applies to an official accountable
under subtitle III of title 31.
``(3) Any pecuniary liability of a departmental accountable official
under this subsection for a loss to the United States resulting from an
illegal, improper, or incorrect payment is joint and several with that
of any other officer or employee of the United States or member of the
uniformed services who is pecuniarily liable for such loss.
``(d) Certifying Official Defined.--In this section, the term
`certifying official' means an employee who has the responsibilities
specified in section 3528(a) of title 31.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2773 the following new item:
``2773a. Departmental accountable officials.''.
SEC. 1006. UNIFORM STANDARDS THROUGHOUT DEPARTMENT OF DEFENSE FOR
EXPOSURE OF PERSONNEL TO PECUNIARY LIABILITY FOR LOSS OF
GOVERNMENT PROPERTY.
(a) Extension of Army and Air Force Report-of-Survey Procedures to
Navy and Marine Corps and all DOD Civilian Employees.--(1) Chapter 165
of title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2787. Reports of survey
``(a) Action on Reports of Survey.--Under regulations prescribed
pursuant to subsection (c), any officer of the Army, Navy, Air Force, or
Marine Corps or any civilian employee of the Department of Defense
designated in accordance with those regulations may act upon reports of
surveys and vouchers pertaining to the loss, spoilage, unserviceability,
unsuitability, or destruction of, or damage to, property of the United
States under the control of the Department of Defense.
``(b) Finality of Action.--(1) Action taken under subsection (a) is
final except as provided in paragraph (2).
``(2) An action holding a person pecuniarily liable for loss,
spoilage, destruction, or damage is not final until approved by a person
designated to do so by the Secretary of a military department, commander
of a combatant command, or Director of a Defense Agency, as the case may
be, who has jurisdiction of the person held pecuniarily liable. The
person designated to provide final approval shall be an officer of an
armed force, or a civilian employee, under the jurisdiction of the
official making the designation.
``(c) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.''.
[[Page 116 STAT. 2633]]
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2787. Reports of survey.''.
(b) Extension to Members of Navy and Marine Corps of Pay Deduction
Authority Pertaining to Damage or Repair of Arms and Equipment.--Section
1007(e) of title 37, United States Code, is amended by striking ``Army
or the Air Force'' and inserting ``Army, Navy, Air Force, or Marine
Corps''.
(c) Repeal of Superseded Provisions.--(1) Sections 4835 and 9835 of
title 10, United States Code, are repealed.
(2) The tables of sections at the beginning of chapters 453 and 953
of such title are amended by striking the items relating to sections
4835 and 9835, respectively.
(d) Effective <<NOTE: 10 USC 2787 note.>> Date.--The amendments made
by this section shall apply with respect to the loss, spoilage,
unserviceability, unsuitability, or destruction of, or damage to,
property of the United States under the control of the Department of
Defense occurring on or after the effective date of regulations
prescribed pursuant to section 2787 of title 10, United States Code, as
added by subsection (a).
SEC. 1007. IMPROVEMENTS IN PURCHASE CARD MANAGEMENT.
(a) Purchase Card Management Improvements.--Section 2784 of title
10, United States Code, is amended--
(1) in subsection (a), by striking ``, acting through the
Under Secretary of Defense (Comptroller),''; and
(2) by adding at the end of subsection (b) the following:
``(7) That periodic reviews are performed to determine
whether each purchase card holder has a need for the purchase
card.
``(8) That the Inspector General of the Department of
Defense, the Inspector General of the Army, the Naval Inspector
General, and the Inspector General of the Air Force perform
periodic audits to identify--
``(A) potentially fraudulent, improper, and abusive
uses of purchase cards;
``(B) any patterns of improper card holder
transactions, such as purchases of prohibited items; and
``(C) categories of purchases that should be made by
means other than purchase cards in order to better
aggregate purchases and obtain lower prices.
``(9) That appropriate training is provided to each purchase
card holder and each official with responsibility for overseeing
the use of purchase cards issued by the Department of Defense.
``(10) That the Department of Defense has specific policies
regarding the number of purchase cards issued by various
organizations and categories of organizations, the credit limits
authorized for various categories of card holders, and
categories of employees eligible to be issued purchase cards,
and that those policies are designed to minimize the financial
risk to the Federal Government of the issuance of the purchase
cards and to ensure the integrity of purchase card holders.
``(c) Penalties for Violations.--The regulations prescribed under
subsection (a) shall--
``(1) provide for appropriate adverse personnel actions or
other punishment to be imposed in cases in which employees
[[Page 116 STAT. 2634]]
of the Department of Defense violate such regulations or are
negligent or engage in misuse, abuse, or fraud with respect to a
purchase card, including removal in appropriate cases; and
``(2) provide that a violation of such regulations by a
person subject to chapter 47 of this title (the Uniform Code of
Military Justice) is punishable as a violation of section 892 of
this title (article 92 of the Uniform Code of Military
Justice).''.
(b) Conforming and Clerical Amendments.--(1) Section 2784 of such
title is further amended--
(A) in the section heading, by striking ``credit'' and
inserting ``purchase'';
(B) in the heading of subsection (a), by striking ``Credit''
and inserting ``Purchase''; and
(C) in subsection (a) and paragraphs (1) through (6) of
subsection (b), by striking ``credit'' and inserting
``purchase'' each place it appears.
(2) The table of sections at the beginning of chapter 165 of such
title is amended by striking the item relating to section 2784 and
inserting the following:
``2784. Management of purchase cards.''.
SEC. 1008. IMPROVEMENTS IN TRAVEL CARD MANAGEMENT.
(a) Travel Card Management Improvements.--Chapter 165 of title 10,
United States Code, is amended by inserting after section 2784 the
following new section:
``Sec. 2784a. Management of travel cards
``(a) Disbursement of Travel Allowances Directly to Creditors.--(1)
The Secretary of Defense may require that any part of a travel or
transportation allowance of an employee of the Department of Defense or
a member of the armed forces be disbursed directly to the issuer of a
Defense travel card if the amount is disbursed to the issuer in payment
of amounts of expenses of official travel that are charged by the
employee or member on the Defense travel card.
``(2) For the purposes of this subsection, the travel and
transportation allowances referred to in paragraph (1) are amounts to
which an employee of the Department of Defense is entitled under section
5702 of title 5 or a member of the armed forces is entitled under
section 404 of title 37.
``(b) Offsets for Delinquent Travel Card Charges.--(1) The Secretary
of Defense may require that there be deducted and withheld from any
basic pay payable to an employee of the Department of Defense or a
member of the armed forces any amount that is owed by the employee or
member to a creditor by reason of one or more charges of expenses of
official travel of the employee or member on a Defense travel card
issued by the creditor if the employee or member--
``(A) is delinquent in the payment of such amount under the
terms of the contract under which the card is issued; and
``(B) does not dispute the amount of the delinquency.
``(2) The amount deducted and withheld from pay under paragraph (1)
with respect to a debt owed a creditor as described in that paragraph
shall be disbursed to the creditor to reduce the amount of the debt.
[[Page 116 STAT. 2635]]
``(3) The amount of pay deducted and withheld from the pay owed to
an employee or member with respect to a pay period under paragraph (1)
may not exceed 15 percent of the disposable pay of the employee or
member for that pay period, except that a higher amount may be deducted
and withheld with the written consent of the employee or member.
``(4) The Secretary of Defense shall prescribe procedures for
deducting and withholding amounts from pay under this subsection. The
procedures shall be substantially equivalent to the procedures under
section 3716 of title 31.
``(c) Offsets of Retired Pay.--In the case of a former employee of
the Department of Defense or a retired member of the armed forces who is
receiving retired pay and who owes an amount to a creditor by reason of
one or more charges on a Defense travel card that were made before the
retirement of the employee or member, the Secretary may require amounts
to be deducted and withheld from any retired pay of the former employee
or retired member in the same manner and subject to the same conditions
as the Secretary deducts and withholds amounts from basic pay payable to
an employee or member under subsection (b).
``(d) Definitions.--In this section:
``(1) The term `Defense travel card' means a charge or
credit card that--
``(A) is issued to an employee of the Department of
Defense or a member of the armed forces under a contract
entered into by the Department of Defense with the
issuer of the card; and
``(B) is to be used for charging expenses incurred
by the employee or member in connection with official
travel.
``(2) The term `disposable pay', with respect to a pay
period, means the amount equal to the excess of the amount of
basic pay or retired pay, as the case may be, payable for the
pay period over the total of the amounts deducted and withheld
from such pay.
``(3) The term `retired pay' means--
``(A) in the case of a former employee of the
Department of Defense, any retirement benefit payable to
that individual, out of the Civil Service Retirement and
Disability Fund, based (in whole or in part) on service
performed by such individual as a civilian employee of
the Department of Defense; and
``(B) in the case of a retired member of the armed
forces or member of the Fleet Reserve or Fleet Marine
Corps Reserve, retired or retainer pay to which the
member is entitled.
``(e) Exclusion of Coast Guard.--This section does not apply to the
Coast Guard.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 165 of such title is amended by inserting after the item
relating to section 2784 the following new item:
``2784a. Management of travel cards.''.
SEC. 1009. CLEARANCE OF CERTAIN TRANSACTIONS RECORDED IN TREASURY
SUSPENSE ACCOUNTS AND RESOLUTION OF CERTAIN CHECK ISSUANCE
DISCREPANCIES.
(a) Clearance of Certain Suspense Accounts.--(1) In the case of any
transaction that was entered into by or on behalf
[[Page 116 STAT. 2636]]
of the Department of Defense before March 1, 2001, that is recorded in
the Department of Treasury Budget Clearing Account (Suspense) designated
as account F3875, the Unavailable Check Cancellations and Overpayments
Account (Suspense) designated as account F3880, or an Undistributed
Intergovernmental Payments account designated as account F3885, and for
which no appropriation for the Department of Defense has been
identified--
(A) any undistributed collection credited to such account in
such case shall be deposited to the miscellaneous receipts of
the Treasury; and
(B) subject to paragraph (2), any undistributed disbursement
recorded in such account in such case shall be canceled.
(2) An undistributed disbursement may not be canceled under
paragraph (1)(B) until the Secretary of Defense has made a written
determination that the appropriate official or officials of the
Department of Defense have attempted without success to locate the
documentation necessary to identify which appropriation should be
charged with such disbursement and that further efforts to do so are not
in the best interests of the United States.
(b) Resolution of Check Issuance Discrepancies.--(1) In the case of
any check drawn on the Treasury that was issued by or on behalf of the
Department of Defense before October 31, 1998, for which the Secretary
of the Treasury has reported to the Department of Defense a discrepancy
between the amount paid and the amount of the check as transmitted to
the Department of Treasury, and for which no specific appropriation for
the Department of Defense can be identified as being associated with the
check, the discrepancy shall be canceled, subject to paragraph (2).
(2) A discrepancy may not be canceled under paragraph (1) until the
Secretary of Defense has made a written determination that the
appropriate official or officials of the Department of Defense have
attempted without success to locate the documentation necessary to
identify which appropriation should be charged with the amount of the
check and that further efforts to do so are not in the best interests of
the United States.
(c) Consultation.--The Secretary of Defense shall consult the
Secretary of the Treasury in the exercise of the authority granted by
subsections (a) and (b).
(d) Duration of Cancellation Authority Following Determination.--(1)
A particular undistributed disbursement may not be canceled under
paragraph (1)(B) of subsection (a) more than 30 days after the date of
the written determination made by the Secretary of Defense under
paragraph (2) of such subsection regarding that undistributed
disbursement.
(2) A particular discrepancy may not be canceled under paragraph (1)
of subsection (b) more than 30 days after the date of the written
determination made by the Secretary of Defense under paragraph (2) of
such subsection regarding that discrepancy.
(e) Program Termination.--No authority may be exercised under this
section after the date that is two years after the date of the enactment
of this Act.
[[Page 116 STAT. 2637]]
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 2003 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 $814,300,000, 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 Missile Defense Agency
of the Department of Defense.
(2) Activities of the Department of Defense for combating
terrorism at home and abroad.
(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
President's allocation, the basis for the President's determination in
making such allocation, and the Secretary's plan for the use by the
Department of Defense of the funds made available pursuant to such
allocation.
SEC. 1011. REDUCTION IN OVERALL AUTHORIZATION DUE TO INFLATION SAVINGS.
(a) Reduction.--The total amount authorized to be appropriated by
titles I, II, and III is the amount equal to the sum of the individual
authorizations in those titles reduced by $1,000,000,000.
(b) Source of Savings.--Reductions required in order to comply with
subsection (a) shall be derived from savings resulting from lower-than-
expected inflation as a result of the midsession review of the budget
conducted by the Office of Management and Budget.
(c) Allocation of Reduction.--The Secretary of Defense shall
allocate the reduction required by subsection (a) among the accounts in
titles I, II, and III to reflect the extent to which net inflation
savings are available in those accounts.
Subtitle B--Naval Vessels and Shipyards
SEC. 1021. NUMBER OF NAVY COMBATANT SURFACE VESSELS IN ACTIVE AND
RESERVE SERVICE.
(a) Contingent <<NOTE: Deadline.>> Requirement for Report.--(1) If,
on the date of the enactment of this Act, the number of combatant
surface
[[Page 116 STAT. 2638]]
vessels of the Navy is less than 116, the Secretary of the Navy shall,
not later than 90 days after such date, submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the size of the force of combatant surface vessels of the Navy. The
report shall include a risk assessment for a force of combatant surface
vessels in the number as of the date of the enactment of this Act that
is based on the same assumptions as were applied in the QDR 2001
combatant surface force risk assessment.
(2) The definitions in subsection (c) of section 7296 of title 10,
United States Code, as added by subsection (b), apply to this
subsection.
(b) Number of Combatant Surface Vessels.--(1) Chapter 633 of title
10, United States Code, is amended by inserting after section 7295 the
following new section:
``Sec. 7296. Combatant surface vessels: notice before reduction in
number; preservation of surge capability
``(a) Notice-and-Wait Before Reductions.--(1) A reduction described
in paragraph (2) in the number of combatant surface vessels may only be
carried out after--
``(A) the Secretary of the Navy submits to the Committee on
Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives a written notification of the
proposed reduction; and
``(B) a period of 90 days has expired after the date on
which such notification is received.
``(2) A reduction described in this paragraph in the number of
combatant surface vessels is a reduction--
``(A) from 116, or a number greater than 116, to a number
less than 116; or
``(B) from a number less than 116 to a lesser number.
``(3) Any notification under paragraph (1)(A) shall include the
following:
``(A) The schedule for the proposed reduction.
``(B) The number of vessels that are to comprise the force
of combatant surface vessels after the reduction.
``(C) A risk assessment for a force of combatant surface
vessels of the number specified under subparagraph (B) that is
based on the same assumptions as were applied in the QDR 2001
combatant surface force risk assessment.
``(b) Preservation of Surge Capability.--Whenever the number of
combatant surface vessels is less than 116, the Secretary of the Navy
shall maintain on the Naval Vessel Register a sufficient number of
combatant surface vessels to enable the Navy to regain a force of
combatant surface vessels numbering not less than 116 within 120 days
after the date of any decision by the President to increase the number
of combatant surface vessels.
``(c) Definitions.--In this section:
``(1) The term `combatant surface vessels' means cruisers,
destroyers, and frigates that are in active service in the Navy
or in active reserve service in the Navy.
``(2) The term `QDR 2001 combatant surface force risk
assessment' means the risk assessment associated with a force of
combatant surface vessels numbering 116 that is set forth in the
report on the quadrennial defense review submitted
[[Page 116 STAT. 2639]]
to Congress on September 30, 2001, under section 118 of this
title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7295 the
following new item:
``7296. Combatant surface vessels: notice before reduction in number;
preservation of surge capability.''.
(c) Effective <<NOTE: 10 USC 7296 note.>> Date for 90-Day Waiting
Period.--The provisions of subparagraph (B) of subsection (a)(1) of
section 7296 of title 10, United States Code, as added by subsection
(b)(1) of this section, shall apply only with respect to notifications
submitted under subparagraph (A) of that subsection on or after January
15, 2003.
SEC. 1022. ANNUAL LONG-RANGE PLAN FOR THE CONSTRUCTION OF NAVAL VESSELS.
(a) Annual Naval Vessel Construction Plan.--(1) Chapter 9 of title
10, United States Code, is amended by adding at the end the following
new section:
``Sec. 231. Budgeting for construction of naval vessels: annual plan and
certification
``(a) Annual Naval Vessel Construction Plan and Certification.--The
Secretary of Defense shall include with the defense budget materials for
a fiscal year--
``(1) a plan for the construction of combatant and support
vessels for the Navy developed in accordance with this section;
and
``(2) a certification by the Secretary that both the budget
for that fiscal year and the future-years defense program
submitted to Congress in relation to such budget under section
221 of this title provide for funding of the construction of
naval vessels at a level that is sufficient for the procurement
of the vessels provided for in the plan under paragraph (1) on
the schedule provided in that plan.
``(b) Annual Naval Vessel Construction Plan.--(1) The annual naval
vessel construction plan developed for a fiscal year for purposes of
subsection (a)(1) should be designed so that the naval vessel force
provided for under that plan is capable of supporting the national
security strategy of the United States as set forth in the most recent
national security strategy report of the President under section 108 of
the National Security Act of 1947 (50 U.S.C. 404a), except that, if at
the time such plan is submitted with the defense budget materials for
that fiscal year, a national security strategy report required under
such section 108 has not been submitted to Congress as required by
paragraph (2) or paragraph (3), if applicable, of subsection (a) of such
section, then such annual plan should be designed so that the naval
vessel force provided for under that plan is capable of supporting the
ship force structure recommended in the report of the most recent
Quadrennial Defense Review.
``(2) Each such naval vessel construction plan shall include the
following:
``(A) A detailed program for the construction of combatant
and support vessels for the Navy over the next 30 fiscal years.
[[Page 116 STAT. 2640]]
``(B) A description of the necessary naval vessel force
structure to meet the requirements of the national security
strategy of the United States or the most recent Quadrennial
Defense Review, whichever is applicable under paragraph (1).
``(C) The estimated levels of annual funding necessary to
carry out the program, together with a discussion of the
procurement strategies on which such estimated levels of annual
funding are based.
``(c) Assessment When Vessel Construction Budget is Insufficient To
Meet Applicable Requirements.--If the budget for a fiscal year provides
for funding of the construction of naval vessels at a level that is not
sufficient to sustain the naval vessel force structure specified in the
naval vessel construction plan for that fiscal year under subsection
(a), the Secretary shall include with the defense budget materials for
that fiscal year an assessment that describes and discusses the risks
associated with the reduced force structure of naval vessels that will
result from funding naval vessel construction at such level. Such
assessment shall be coordinated in advance with the commanders of the
combatant commands.
``(d) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to a
fiscal year, means the materials submitted to Congress by the
Secretary of Defense in support of the budget for that fiscal
year.
``(3) The term `Quadrennial Defense Review' means the review
of the defense programs and policies of the United States that
is carried out every four years under section 118 of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``231. Budgeting for construction of naval vessels: annual plan and
certification.''.
SEC. 1023. ASSESSMENT OF THE FEASIBILITY OF THE EXPEDITED EQUIPPING OF A
NAVY SHIP WITH A VERSION OF THE 155-MILLIMETER ADVANCED GUN
SYSTEM.
(a) Feasibility Assessment Required.--(1) The Secretary of the Navy
shall conduct an assessment of the feasibility of the expedited
equipping of a Navy ship in active or inactive service with a version of
the 155-millimeter Advanced Gun System that is being developed for the
DD(X) next generation, multi-mission, land attack surface combatant
vessel.
(2) The assessment shall include an analysis of--
(A) the actions required to achieve such equipping and the
technical and programmatic risks associated with those actions;
(B) the plan, schedule, and funding required to achieve such
equipping; and
(C) the effect (if any) that such equipping might have on
the development program and schedule for the DD(X) vessel.
(b) Equipping on Expedited Schedule.--The schedule to be considered
in the assessment under subsection (a) shall provide for equipping of a
ship with a version of the 155-millimeter Advanced Gun System on an
expedited schedule that is consistent
[[Page 116 STAT. 2641]]
with the achievement of safety of operation, but not later than October
1, 2006.
(c) Report Required.--The Secretary shall submit to the
congressional defense committees a report on the results of the
assessment under subsection (a). The report shall be submitted at the
same time that the President submits the budget for fiscal year 2004 to
Congress under section 1105(a) of title 31, United States Code.
SEC. 1024. REPORT ON INITIATIVES TO INCREASE OPERATIONAL DAYS OF NAVY
SHIPS.
(a) Requirement for Report on Initiatives.--(1) The Under Secretary
of Defense for Acquisition, Technology, and Logistics shall submit to
the Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on Department of
Defense initiatives to increase the number of operational days of Navy
ships as described in subsection (b).
(2) The report shall cover the ongoing Department of Defense
initiatives as well as any potential initiatives that are under
consideration within the Department of Defense.
(b) Initiatives Within Limits of Existing Fleet and Deployment
Policy.--In the report, the Under Secretary shall assess the feasibility
and identify the projected effects of conducting initiatives that have
the potential to increase the number of operational days of Navy ships
available to the commanders-in-chief of the regional unified combatant
commands without increasing the number of Navy ships and without
increasing the routine lengths of deployments of Navy ships above six
months.
(c) Required Focus Areas.--The report shall address, at a minimum,
the following focus areas:
(1) Assignment of additional ships, including submarines, to
home ports closer to the areas of operation for the ships (known
as ``forward homeporting'').
(2) Assignment of ships to remain in a forward area of
operations, together with rotation of crews for each ship so
assigned.
(3) Retention of ships for use until the end of the full
service life, together with investment of the funds necessary to
support retention to that extent.
(4) Prepositioning of additional ships with, under normal
circumstances, small crews in a forward area of operations.
(d) Ship Maintenance.--The report shall include an assessment of how
routine programmed ship maintenance would be accomplished for Navy ships
that would remain in a forward area of operations.
(e) Time for Submittal.--The report shall be submitted at the same
time that the President submits the budget for fiscal year 2004 to
Congress under section 1105(a) of title 31, United States Code.
SEC. 1025. SHIP COMBAT SYSTEM INDUSTRIAL BASE.
(a) Review.--The Secretary of Defense shall conduct a review of the
effect of the contract award announced on April 29, 2002, for the lead
design agent for the DD(X) ship program on the industrial base for ship
combat system development, including the industrial base for each of the
following: ship systems integration, radar, electronic warfare, and
launch systems.
[[Page 116 STAT. 2642]]
(b) Report <<NOTE: Deadline.>> Required.--Not later than March 31,
2003, the Secretary shall submit to the congressional defense committees
a report based on the review under subsection (a). The report shall
include the following:
(1) The Secretary's assessment of the effect of the contract
award referred to in that subsection on ship combat system
development and on the associated industrial base.
(2) A description of any actions that the Secretary proposes
to ensure future competition in the ship combat system
development and industrial base.
SEC. 1026. SENSE OF CONGRESS CONCERNING AIRCRAFT CARRIER FORCE
STRUCTURE.
(a) Findings.--Congress makes the following findings:
(1) The aircraft carrier has been an integral component in
Operation Enduring Freedom and in the homeland defense mission
of Operation Noble Eagle beginning on September 11, 2001. The
aircraft carriers that have participated in Operation Enduring
Freedom, as of May 1, 2002, are the USS Enterprise (CVN-65), the
USS Carl Vinson (CVN-70), the USS Kitty Hawk (CV-63), the USS
Theodore Roosevelt (CVN-71), the USS John C. Stennis (CVN-74),
and the USS John F. Kennedy (CV-67). The aircraft carriers that
have participated in Operation Noble Eagle, as of May 1, 2002,
are the USS George Washington (CVN-73), the USS John F. Kennedy
(CV-67), and the USS John C. Stennis (CVN-74).
(2) Since 1945, the United States has built 172 bases
overseas, of which only 24 are currently in use.
(3) The aircraft carrier provides an independent base of
operations should no land base be available for aircraft, with
carrier air wings providing the United States sea-based forward-
deployed offensive strike capability.
(4) The aircraft carrier is an essential component of the
Navy.
(5) The naval tactical aircraft modernization programs are
proceeding on schedule.
(6) As established by the Navy, the United States requires
the service of 15 aircraft carriers to completely fulfill all
the naval commitments assigned to the Navy without gapping
carrier presence.
(b) Sense of Congress.--It is the sense of Congress that the number
of aircraft carriers of the Navy in active service should not be less
than 12.
(c) Operation Enduring Freedom and Operation Noble Eagle
Commendation.--Congress hereby commends the military and civilian
personnel who have participated in Operation Enduring Freedom and
Operation Noble Eagle.
SEC. 1027. CONVEYANCE, NAVY DRYDOCK, PORTLAND, OREGON.
(a) Conveyance Authorized.--The Secretary of the Navy may sell Navy
Drydock No. YFD-69, located in Portland, Oregon, to Portland Shipyard,
LLC, which is the current user of the drydock.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the purchaser agree to retain the
drydock on Swan Island in Portland, Oregon, until at least September 30,
2007.
(c) Consideration.--As consideration for the conveyance of the
drydock under subsection (a), the purchaser shall pay to the
[[Page 116 STAT. 2643]]
Secretary an amount equal to the fair market value of the drydock at the
time of the conveyance, as determined by the Secretary.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
Subtitle C--Strategic Matters
SEC. 1031. STRATEGIC FORCE STRUCTURE PLAN FOR NUCLEAR WEAPONS AND
DELIVERY SYSTEMS.
(a) Plan Required.--The Secretary of Defense and the Secretary of
Energy shall jointly prepare a plan for the United States strategic
force structure for nuclear weapons and nuclear weapons delivery systems
for the period of fiscal years from 2003 through 2012. The plan shall--
(1) define the range of missions assigned to strategic
nuclear forces in the national defense strategy consistent
with--
(A) the Quadrennial Defense Review dated September
30, 2001, under section 118 of title 10, United States
Code;
(B) the Nuclear Posture Review dated December 2001
under 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); and
(C) other relevant planning documents;
(2) delineate a baseline strategic force structure for such
weapons and systems over such period consistent with such
Nuclear Posture Review;
(3) define sufficient force structure, force modernization
and life extension plans, infrastructure, and other elements of
the defense program of the United States associated with such
weapons and systems that would be required to execute
successfully the full range of missions defined under paragraph
(1);
(4) identify the budget plan that would be required to
provide sufficient resources to execute successfully the full
range of missions using such force structure called for in that
national defense strategy; and
(5)(A) evaluate options for achieving, prior to fiscal year
2012, a posture under which the United States maintains a number
of operationally deployed nuclear warheads at a level of from
1,700 to 2,200 such warheads, as outlined in the Nuclear Posture
Review referred to in paragraph (1)(B); and
(B) contain an assessment of the advantages and
disadvantages of options for achieving such posture as early as
2007, including effects on cost, the dismantlement workforce,
and any other affected matter.
(b) Report.--Not <<NOTE: Deadline.>> later than March 1, 2003, the
Secretary of Defense and the Secretary of Energy shall submit a report
on the plan to the congressional defense committees.
SEC. 1032. ANNUAL REPORT ON WEAPONS TO DEFEAT HARDENED AND DEEPLY BURIED
TARGETS.
(a) Annual <<NOTE: Deadline. 10 USC 2358 note.>> Report.--Not later
than April 1 of each year, the Secretary of Defense, the Secretary of
Energy, and the Director of Central Intelligence shall jointly submit to
the congressional
[[Page 116 STAT. 2644]]
defense committees, the Select Committee on Intelligence of the Senate,
and the Permanent Select Committee on Intelligence of the House of
Representatives a report on the research and development, procurement,
and other activities undertaken during the preceding fiscal year by the
Department of Defense, the Department of Energy, and the intelligence
community to develop weapons to defeat hardened and deeply buried
targets.
(b) Report Elements.--The report for a fiscal year under subsection
(a) shall--
(1) include a discussion of the integration and
interoperability of the activities referred to in that
subsection that were undertaken during that fiscal year,
including a discussion of the relevance of such activities to
applicable recommendations by the Chairman of the Joint Chiefs
of Staff, assisted under section 181(b) of title 10, United
States Code, by the Joint Requirements Oversight Council; and
(2) set forth separately a description of the activities
referred to in that subsection, if any, that were undertaken
during such fiscal year by each element of--
(A) the Department of Defense;
(B) the Department of Energy; and
(C) the intelligence community.
(c) Definition.--In this section, the term ``intelligence
community'' has the meaning given such term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).
(d) Termination.--No report is required under this section after the
submission of the report that is due on April 1, 2007.
SEC. 1033. REPORT ON EFFECTS OF NUCLEAR EARTH-PENETRATOR WEAPON AND
OTHER WEAPONS.
(a) National Academy of Sciences Study.--The Secretary of Defense
shall request the National Academy of Sciences to conduct a study and
prepare a report on the following:
(1) The anticipated short-term effects and long-term effects
of the use by the United States of a nuclear earth-penetrator
weapon on the target area, including the effects on civilian
populations in proximity to the target area at the time of or
after such use and the effects on United States military
personnel who after such use carry out operations or battle
damage assessments in the target area.
(2) The anticipated short-term and long-term effects on
civilian population in proximity to a target area--
(A) if a non-penetrating nuclear weapon is used to
attack a hard or deeply-buried target; and
(B) if a conventional high-explosive weapon is used
to attack an adversary's facilities for storage or
production of weapons of mass destruction and, as a
result of such attack, radioactive, nuclear, biological,
or chemical weapons materials, agents, or other
contaminants are released or spread into populated
areas.
(b) Report.--Not <<NOTE: Deadline.>> later than 180 days after the
date of the enactment of this Act, the Secretary shall submit to
Congress the report under subsection (a), together with any comments the
Secretary may consider appropriate on the report. The report shall be
submitted in unclassified form to the maximum extent possible, with a
classified annex if needed.
[[Page 116 STAT. 2645]]
Subtitle D--Reports
SEC. 1041. REPEAL AND MODIFICATION OF VARIOUS REPORTING REQUIREMENTS
APPLICABLE TO THE DEPARTMENT OF DEFENSE.
(a) Provisions of Title 10, United States Code.--Title 10, United
States Code, is amended as follows:
(1)(A) Section 183 is repealed.
(B) The table of sections at the beginning of chapter 7 is
amended by striking the item relating to section 183.
(2)(A) Section 230 is repealed.
(B) The table of sections at the beginning of chapter 9 is
amended by striking the items relating to section 230.
(3) Section 526 is amended by striking subsection (c).
(4) Section 721(d) is amended--
(A) by striking paragraph (2); and
(B) by striking ``(1)'' before ``If an officer''.
(5) Section 1095(g) is amended--
(A) by striking paragraph (2); and
(B) by striking ``(1)'' after ``(g)''.
(6) Section 1798 is amended by striking subsection (d).
(7) Section 1799 is amended by striking subsection (d).
(8) Section 2220 is amended--
(A) by striking subsections (b) and (c);
(B) by striking ``(1)'' after ``Establishment of
Goals.--''; and
(C) by striking ``(2) The'' and inserting ``(b)
Evaluation of Cost Goals.--The''.
(9) Section 2350a(g) is amended by striking paragraph (4).
(10) Section 2350f is amended by striking subsection (c).
(11) Section 2350k is amended by striking subsection (d).
(12) Section 2367(d) is amended by striking ``Effort.--(1)
In the'' and all that follows through ``(2) After the close of''
and inserting ``Effort.--After the close of''.
(13) Section 2391 is amended by striking subsection (c).
(14) Section 2486(b)(12) is amended by striking ``, except
that'' and all that follows and inserting the following: ``,
except that the Secretary shall notify Congress of any addition
of, or change in, a merchandise category under this
paragraph.''.
(15) Section 2492 is amended by striking subsection (c) and
inserting the following:
``(c) Notification of Conditions Necessitating Restrictions.--The
Secretary of Defense shall notify Congress of any change proposed or
made to any of the host nation laws or any of the treaty obligations of
the United States, and any changed conditions within host nations, if
the change would necessitate the use of quantity or other restrictions
on purchases in commissary and exchange stores located outside the
United States.''.
(16) Section 2537(a) is amended by striking ``$100,000'' and
inserting ``$10,000,000''.
(17) Section 2611 is amended by striking subsection (e).
(18) Section 2667(d) is amended by striking paragraph (3).
(19) Section 4416 is amended by striking subsection (f).
(20) Section 5721(f) is amended--
[[Page 116 STAT. 2646]]
(A) by striking paragraph (2); and
(B) by striking ``(1)'' after the subsection
heading.
(b) National Defense Authorization Act for Fiscal Year 1995.--
Section 553(b) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 2772; 10 U.S.C. 4331 note) is
amended by striking the last sentence.
(c) Ballistic Missile Defense Act of 1995.--Section 234 of the
Ballistic Missile Defense Act of 1995 (subtitle C of title II of Public
Law 104-106; 10 U.S.C. 2431 note) is amended by striking subsection (f).
SEC. 1042. REQUIREMENT THAT DEPARTMENT OF DEFENSE REPORTS TO CONGRESS BE
ACCOMPANIED BY ELECTRONIC VERSION.
Section 480(a) of title 10, United States Code, is amended by
striking ``shall, upon request'' and all that follows through ``(or
each'' and inserting ``shall provide to Congress (or''.
SEC. 1043. <<NOTE: 10 USC 113 note.>> ANNUAL REPORT ON THE CONDUCT OF
MILITARY OPERATIONS CONDUCTED AS PART OF OPERATION ENDURING
FREEDOM.
(a) Reports Required.--(1) The Secretary of Defense shall submit to
the congressional committees specified in subsection (d) an annual
report on the conduct of military operations conducted as part of
Operation Enduring Freedom. <<NOTE: Deadlines.>> The first report, which
shall include a definition of the military operations carried out as
part of Operation Enduring Freedom, shall be submitted not later than
June 15, 2003. Subsequent reports shall be submitted not later than June
15 each year, and the final report shall be submitted not later than 180
days after the date (as determined by the Secretary of Defense) of the
cessation of hostilities undertaken as part of Operation Enduring
Freedom.
(2) Each report under this section shall be prepared in consultation
with the Chairman of the Joint Chiefs of Staff, the commander of the
United States Central Command, the Director of Central Intelligence, and
such other officials as the Secretary considers appropriate.
(3) Each such report shall be submitted in both a classified form
and an unclassified form, as necessary.
(b) Special Matters To Be Included.--Each report under this section
shall include the following:
(1) A discussion of the command, control, coordination, and
support relationship between United States special operations
forces and Central Intelligence Agency elements participating in
Operation Enduring Freedom and any lessons learned from the
joint conduct of operations by those forces and elements.
(2) Recommendations to improve operational readiness and
effectiveness of these forces and elements.
(c) Other Matters To Be Included.--Each report under this section
shall include a discussion, with a particular emphasis on
accomplishments and shortcomings, of the following matters with respect
to Operation Enduring Freedom:
(1) The political and military objectives of the United
States.
(2) The military strategy of the United States to achieve
those political and military objectives.
[[Page 116 STAT. 2647]]
(3) The concept of operations, including any new operational
concepts, for the operation.
(4) The benefits and disadvantages of operating with local
opposition forces.
(5) The benefits and disadvantages of operating in a
coalition with the military forces of allied and friendly
nations.
(6) The cooperation of nations in the region for overflight,
basing, command and control, and logistic and other support.
(7) The conduct of relief operations both during and after
the period of hostilities.
(8) The conduct of close air support (CAS), particularly
with respect to the timeliness, efficiency, and effectiveness of
such support.
(9) The use of unmanned aerial vehicles for intelligence,
surveillance, reconnaissance, and combat support to operational
forces.
(10) The use and performance of United States and coalition
military equipment, weapon systems, and munitions.
(11) The effectiveness of reserve component forces,
including their use and performance in the theater of
operations.
(12) The importance and effectiveness of the International
Security Assistance Force.
(13) The importance and effectiveness of United States civil
affairs forces.
(14) The anticipated duration of the United States military
presence in Afghanistan.
(15) The most critical lessons learned that could lead to
long-term doctrinal, organizational, and technological changes.
(d) Congressional Committees.--The committees referred to in
subsection (a)(1) are the following:
(1) The Committee on Armed Services and the Select Committee
on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 1044. REPORT ON EFFORTS TO ENSURE ADEQUACY OF FIRE FIGHTING STAFFS
AT MILITARY INSTALLATIONS.
Not <<NOTE: Deadline.>> later than May 31, 2003, the Secretary of
Defense shall submit to Congress a report on the actions being
undertaken to ensure that the fire fighting staffs at military
installations are adequate under applicable Department of Defense
regulations.
SEC. 1045. REPORT ON DESIGNATION OF CERTAIN LOUISIANA HIGHWAY AS DEFENSE
ACCESS ROAD.
Not <<NOTE: Deadline.>> later than March 1, 2003, the Secretary of
the Army shall submit to the congressional defense committees a report
containing the results of a study on the advisability of designating
Louisiana Highway 28 between Alexandria, Louisiana, and Leesville,
Louisiana, a road providing access to the Joint Readiness Training
Center, Louisiana, and to Fort Polk, Louisiana, as a defense access road
for purposes of section 210 of title 23, United States Code.
[[Page 116 STAT. 2648]]
Subtitle E--Extension of Expiring Authorities
SEC. 1051. EXTENSION OF AUTHORITY FOR SECRETARY OF DEFENSE TO SELL
AIRCRAFT AND AIRCRAFT PARTS FOR USE IN RESPONDING TO OIL
SPILLS.
(a) Four-Year Extension.--Section 740 of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (Public Law 106-
181; 114 Stat. 173; 10 U.S.C. 2576 note) is amended--
(1) in subsection (a)(1), by striking ``, during the period
beginning on the date of the enactment of this Act and ending
September 30, 2002,''; and
(2) by adding at the end the following new subsection:
``(i) Expiration of Authority.--The authority to sell aircraft and
aircraft parts under this section expires on September 30, 2006.''.
(b) Additional Report.--Subsection (f) of such section is amended by
striking ``March 31, 2002'' and inserting ``March 31, 2006''.
SEC. 1052. SIX-MONTH EXTENSION OF EXPIRING GOVERNMENTWIDE INFORMATION
SECURITY REQUIREMENTS; CONTINUED APPLICABILITY OF EXPIRING
GOVERNMENTWIDE INFORMATION SECURITY REQUIREMENTS TO THE
DEPARTMENT OF DEFENSE.
(a) Six-Month Extension of Expiring Governmentwide Requirements.--
Section 3536 of title 44, United States Code, is amended to read as
follows:
``Sec. 3536. Expiration
``This subchapter shall not be in effect after May 31, 2003.''.
(b) Continued Applicability of Expiring Governmentwide Requirements
to Department of Defense.--(1) Chapter 131 of title 10, United States
Code, is amended by inserting after section 2224 the following new
section:
``Sec. 2224a. Information security: continued applicability of expiring
Governmentwide requirements to the Department of
Defense
``(a) In General.--The provisions of subchapter II of chapter 35 of
title 44 shall continue to apply through September 30, 2004, with
respect to the Department of Defense, notwithstanding the expiration of
authority under section 3536 of such title.
``(b) Responsibilities.--In administering the provisions of
subchapter II of chapter 35 of title 44 with respect to the Department
of Defense after the expiration of authority under section 3536 of such
title, the Secretary of Defense shall perform the duties set forth in
that subchapter for the Director of the Office of Management and
Budget.''.
[[Page 116 STAT. 2649]]
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2224 the
following new item:
``2224a. Information security: continued applicability of expiring
Governmentwide requirements to the Department of Defense.''.
SEC. 1053. TWO-YEAR EXTENSION OF AUTHORITY OF THE SECRETARY OF DEFENSE
TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR
INTELLIGENCE COLLECTION ACTIVITIES ABROAD.
Section 431(a) of title 10, United States Code, is amended by
striking ``December 31, 2002'' and inserting ``December 31, 2004''.
Subtitle F--Other Matters
SEC. 1061. TIME FOR TRANSMITTAL OF ANNUAL DEFENSE AUTHORIZATION
LEGISLATIVE PROPOSAL.
(a) In General.--Chapter 2 of title 10, United States Code, is
amended by inserting after section 113 the following new section:
``Sec. 113a. Transmission of annual defense authorization request
``(a) Time for Transmittal.--The Secretary of Defense shall transmit
to Congress the annual defense authorization request for a fiscal year
during the first 30 days after the date on which the President transmits
to Congress the budget for that fiscal year pursuant to section 1105 of
title 31.
``(b) Defense Authorization Request Defined.--In this section, the
term `defense authorization request', with respect to a fiscal year,
means a legislative proposal submitted to Congress for the enactment of
the following:
``(1) Authorizations of appropriations for that fiscal year,
as required by section 114 of this title.
``(2) Personnel strengths for that fiscal year, as required
by section 115 of this title.
``(3) Any other matter that is proposed by the Secretary of
Defense to be enacted as part of the annual defense
authorization bill for that fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
113 the following new item:
``113a. Transmission of annual defense authorization request.''.
SEC. 1062. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 153 is amended--
(A) by inserting ``(a) Planning; Advice; Policy
Formulation.--'' at the beginning of the text; and
(B) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively.
(2) Section 624(d)(1) is amended by striking ``subsection
(d)(2)'' in the second sentence and inserting ``paragraph (2)''.
(3) Section 661(b)(2) is amended by striking ``the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2002'' and inserting ``December 28, 2001,''.
[[Page 116 STAT. 2650]]
(4) Section 662(a)(2) is amended--
(A) in subparagraph (A), by striking ``during the
three-year period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal
Year 2002,'' and inserting ``during the period beginning
on December 28, 2001, and ending on December 27,
2004,''; and
(B) in subparagraph (B), by striking ``after the end
of the period specified in subparagraph (A)'' and
inserting ``after December 27, 2004''.
(5) Section 663(e)(2) is amended by striking ``Armed Forces
Staff College'' and inserting ``Joint Forces Staff College''.
(6) Section 1451(c)(3) is amended by striking ``section''
before ``clause''.
(7) Section 2162(b)(2) is amended by striking ``the date of
the enactment of this paragraph'' and inserting ``December 28,
2001,''.
(8) Section 2330(c) is amended by inserting a comma after
``a task order''.
(9) Section 2399(a)(2) is amended--
(A) in the matter preceding subparagraph (A), by
striking ``means--'' and inserting ``means a
conventional weapons system that--''; and
(B) in subparagraph (A), by striking ``a
conventional weapons system that''.
(10)(A) Section 2410h is transferred to the end of
subchapter IV of chapter 87 and redesignated as section 1747.
(B) The item relating to that section in the table of
sections at the beginning of chapter 141 is transferred to the
end of the table of sections at the beginning of subchapter IV
of chapter 87 and amended to reflect the redesignation made by
subparagraph (A).
(11) Section 2676(a) is amended by inserting an open
parenthesis before ``41 U.S.C.''.
(12) Section 2677 is amended by striking subsection (c).
(13) Section 2680(e) is amended by striking ``the'' after
``the Committee on'' the first place it appears.
(14) Section 2815(b) is amended by striking ``for fiscal
year 2003 and each fiscal year thereafter'' and inserting ``for
any fiscal year''.
(15) Section 2828(b)(2) is amended by inserting ``time''
after ``from time to''.
(16) Sections 3755, 6257, and 8755, as added by section
8143(c) of Public Law 107-248 (116 Stat. 1570), are amended by
striking ``the date of the enactment of this section'' and
inserting ``October 23, 2002''.
(b) Title 14, United States Code.--Title 14, United States Code, is
amended as follows:
(1) Section 505, as added by section 8143(c)(4) of Public
Law 107-248 (116 Stat. 1571), is amended by striking ``the date
of the enactment of this section'' and inserting ``October 23,
2002''.
(2) Section 516(c) is amended by striking ``his section''
and inserting ``this section''.
(c) Title 37, United States Code.--Title 37, United States Code, is
amended as follows:
[[Page 116 STAT. 2651]]
(1) Section 302j(a) is amended by striking ``subsection
(c)'' and inserting ``subsection (d)''.
(2) Section 324(b) is amended by striking ``(1)'' before
``The Secretary''.
(d) Public Law 107-248.--Section 8118(a) of Public Law 107-248 (116
Stat. 1565) is amended by striking ``subsection (i)'' and inserting
``subsection (j)''.
(e) Public Law 107-217.--Effective as if included therein as
originally enacted, section 3(b) of <<NOTE: 10 USC 2562 note.>> Public
Law 107-217 is amended--
(1) in paragraph (8) (116 Stat. 1295), <<NOTE: 10 USC
2562.>> by inserting ``the second place it appears'' before the
semicolon; and
(2) in paragraph (34) (116 Stat. 1298), <<NOTE: 10 USC
7545.>> by striking ``section 7545(a)'' and inserting ``section
7545(c)''.
(f) Public <<NOTE: 10 USC 2350a note.>> Law 107-107.--Effective as
of December 28, 2001, and as if included therein as enacted, the
National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-
107) is amended as follows:
(1) <<NOTE: 37 USC 203.>> Section 602(a)(2) (115 Stat. 1132)
is amended by striking ``an'' in the first quoted matter.
(2) <<NOTE: 10 USC 2350a.>> Section 1212(a)(5) (115 Stat.
1249) is amended by inserting ``in'' after the paragraph
designation.
(3) <<NOTE: 24 USC 420.>> Section 1410(a)(3)(C) (115 Stat.
1266) by inserting ``both places it appears'' before ``and
inserting''.
(4) <<NOTE: 10 USC 2687 note.>> Section 3007(d)(1)(C) (115
Stat. 1352) is amended by striking ``2905(b)(7)(B)(iv)'' and
inserting ``2905(b)(7)(C)(iv)''.
(g) Public <<NOTE: 32 USC 509 note.>> Law 106-398.--Effective as of
October 30, 2000, and as if included therein as enacted, the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398) is amended as follows:
(1) <<NOTE: 32 USC 509.>> Section 577(b)(2) (114 Stat.
1654A-140) is amended by striking ``Federal'' in the quoted
matter and inserting ``Department of Defense''.
(2) <<NOTE: 32 USC 209.>> Section 612(c)(4)(B) (114 Stat.
1654A-150) is amended by striking the comma at the end of the
first quoted matter.
(h) Public Law 106-246.--Section 136 of Public Law 106-246 (114
Stat. 520) is amended--
(1) in subsection (d)(7), by striking subparagraphs (B) and
(C) and inserting the following new subparagraphs:
``(B) Section 1302 of title 40, United States Code.
``(C) Subtitle I of title 40, United States Code.''; and
(2) in subsection (e)(3), by striking subparagraph (B) and
inserting the following new subparagraph:
``(B) Subtitle I of title 40, United States Code.''.
(i) Public Law 106-181.--Section 740(a)(1) of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (10 U.S.C. 2576
note) is amended by striking ``section 202 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 483)'' and inserting
``subchapter II of chapter 5 of title 40, United States Code,''.
(j) Public Law 106-65.--The National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65) is amended as follows:
(1) Section 573(b) (10 U.S.C. 513 note) is amended by
inserting a period at the end of paragraph (2).
(2) Section 1305(6) (22 U.S.C. 5952 note) is amended by
striking the first period after ``facility''.
(k) Public Law 104-307.--Section 2(a)(1) of the Wildfire Suppression
Aircraft Transfer Act of 1996 (10 U.S.C. 2576 note)
[[Page 116 STAT. 2652]]
is amended by striking ``section 202 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 483)'' and inserting
``subchapter II of chapter 5 of title 40, United States Code,''.
(l) Public Law 103-337.--Section 2814 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337) <<NOTE: 10
USC 2687 note.>> is amended by striking ``the Public Buildings Act of
1959 (40 U.S.C. 601 et seq.) and the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.)'' and inserting ``chapter 5
or 33 of title 40, United States Code''.
(m) Public Law 101-510.--The National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510) is amended as follows:
(1) Section 2905(b)(1) (10 U.S.C. 2687 note) is amended--
(A) in subparagraph (A), by striking ``section 202
of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 483)'' and inserting ``subchapter II
of chapter 5 of title 40, United States Code''; and
(B) in subparagraph (B), by striking ``section 203
of that Act (40 U.S.C. 484)'' and inserting ``subchapter
III of chapter 5 of title 40, United States Code''.
(2) Section 2905(b)(4)(F) is amended by striking ``sections
202 and 203 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 483, 484)'' and inserting ``subchapters
II and III of chapter 5 of title 40, United States Code,''.
(3) Section 2905(b)(7) is amended by striking ``section
203(k) of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 484(k))'' in subparagraphs (K)(v),
(L)(iv)(V), and (P) and inserting ``section 550 of title 40,
United States Code,''.
(4) <<NOTE: 10 USC 2687 note.>> Section 2926(d)(2) is
amended by striking ``title IX of the Federal Property and
Administrative Services Act (Public Law 92-582; 40 U.S.C. 541 et
seq., as amended)'' and inserting ``chapter 11 of title 40,
United States Code''.
(n) Public Law 100-526.--The Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526) is amended as
follows:
(1) Section 204(b)(1) (10 U.S.C. 2687 note) is amended--
(A) in subparagraph (A), by striking ``section 202
of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 483)'' and inserting ``subchapter II
of chapter 5 of title 40, United States Code''; and
(B) in subparagraph (B), by striking ``section 203
of that Act (40 U.S.C. 484)'' and inserting ``subchapter
III of chapter 5 of title 40, United States Code''.
(2) Section 204(b)(4)(F) is amended by striking ``sections
202 and 203 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 483, 484)'' and inserting ``subchapters
II and III of chapter 5 of title 40, United States Code,''.
(o) Other Laws.--(1) Section 502(a) of the National Emergencies Act
(50 U.S.C. 1651(a)) is amended by striking paragraph (2) and
redesignating paragraphs (3) through (7) as paragraphs (1) through (5),
respectively.
(2) Section 10(b)(8) of the Military Selective Service Act (50
U.S.C. App. 460(b)(8)) is amended by striking ``Public Law 26'' and all
that follows through the period at the end of the paragraph
[[Page 116 STAT. 2653]]
and inserting ``the Act of March 31, 1947 (50 U.S.C. App. 321 et
seq.).''.
(3) The Defense Production Act of 1950 is amended in both section
305(i) and section 306(j) (50 U.S.C. App. 2095(i), 2096(j))--
(A) in the first sentence, by striking ``the Act entitled''
and all that follows through the period at the end of the
sentence and inserting ``subchapter IV of chapter 31 of title
40, United States Code.''; and
(B) in the last sentence, by striking ``and section 276(c)
of title 40''.
SEC. 1063. USE FOR LAW ENFORCEMENT PURPOSES OF DNA SAMPLES MAINTAINED BY
DEPARTMENT OF DEFENSE FOR IDENTIFICATION OF HUMAN REMAINS.
(a) In General.--Chapter 80 of title 10, United States Code, is
amended by inserting after section 1565 the following new section:
``Sec. 1565a. DNA samples maintained for identification of human
remains: use for law enforcement purposes
``(a) Compliance with Court Order.--(1) Subject to paragraph (2), if
a valid order of a Federal court (or military judge) so requires, an
element of the Department of Defense that maintains a repository of DNA
samples for the purpose of identification of human remains shall make
available, for the purpose specified in subsection (b), such DNA samples
on such terms and conditions as such court (or military judge) directs.
``(2) A DNA sample with respect to an individual shall be provided
under paragraph (1) in a manner that does not compromise the ability of
the Department of Defense to maintain a sample with respect to that
individual for the purpose of identification of human remains.
``(b) Covered Purpose.--The purpose referred to in subsection (a) is
the purpose of an investigation or prosecution of a felony, or any
sexual offense, for which no other source of DNA information is
reasonably available.
``(c) Definition.--In this section, the term `DNA sample' has the
meaning given such term in section 1565(c) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1565 the following new item:
``1565a. DNA samples maintained for identification of human remains: use
for law enforcement purposes.''.
SEC. 1064. ENHANCED AUTHORITY TO OBTAIN FOREIGN LANGUAGE SERVICES DURING
PERIODS OF EMERGENCY.
(a) National Foreign Language Skills Registry.--(1) Chapter 81 of
title 10, United States Code, is amended by inserting after section
1596a the following new section:
``Sec. 1596b. Foreign language proficiency: National Foreign Language
Skills Registry
``(a) Establishment.--(1) The Secretary of Defense may establish and
maintain a registry of persons who--
``(A) have proficiency in one or more critical foreign
languages;
[[Page 116 STAT. 2654]]
``(B) are willing to provide linguistic services to the
United States in the interests of national security during war
or a national emergency; and
``(C) meet the eligibility requirements of subsection (b).
``(2) The registry shall be known as the `National Foreign Language
Skills Registry' (in this section referred to as the `Registry').
``(b) Eligible Persons.--To be eligible for listing on the Registry,
a person--
``(1) must be--
``(A) a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22))); or
``(B) an alien lawfully admitted for permanent
residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)));
``(2) shall express willingness, in a form and manner
prescribed by the Secretary--
``(A) to provide linguistic services for a foreign
language as described in subsection (a); and
``(B) to be listed on the Registry; and
``(3) shall meet such language proficiency and other
selection criteria as may be prescribed by the Secretary.
``(c) Registered Information.--The Registry shall consist of the
following:
``(1) The names of eligible persons selected by the
Secretary for listing on the Registry.
``(2) Such other information on such persons as the
Secretary determines pertinent to the use of such persons to
provide linguistic services as described in subsection (a).
``(d) Protection of Privacy.--The Secretary may withhold from public
disclosure the information maintained in the Registry in accordance with
section 552a of title 5.
``(e) Designation of Critical Foreign Languages.--The Secretary
shall designate those languages that are critical foreign languages for
the purposes of this section. The Secretary shall make such a
designation for any foreign language for which there is a shortage of
experts in translation or interpretation available to meet requirements
of the Secretary or of the head of any other department or agency of the
United States for translation or interpretation in the national security
interests of the United States.
``(f) Linguistic Services Defined.--In this section, the term
`linguistic services' means translation or interpretation of
communication in a foreign language.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after section 1596a the following new item:
``1596b. Foreign language proficiency: National Foreign Language Skills
Registry.''.
(b) Authority To Accept Voluntary Translation and Interpretation
Services.--Section 1588(a) of title 10, United States Code, is amended
by adding after paragraph (6), as added by section 553, the following
new paragraph:
``(7) Voluntary translation or interpretation services
offered with respect to a foreign language by a person (A) who
is registered for such foreign language on the National Foreign
Language Skills Registry under section 1596b of this title,
[[Page 116 STAT. 2655]]
or (B) who otherwise is approved to provide voluntary
translation or interpretation services for national security
purposes, as determined by the Secretary of Defense.''.
SEC. 1065. REWARDS FOR ASSISTANCE IN COMBATING TERRORISM.
(a) Authority.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 127a the following new section:
``Sec. 127b. Assistance in combating terrorism: rewards
``(a) Authority.--The Secretary of Defense may pay a monetary
amount, or provide a payment-in-kind, to a person as a reward for
providing United States Government personnel with information or
nonlethal assistance that is beneficial to--
``(1) an operation or activity of the armed forces conducted
outside the United States against international terrorism; or
``(2) force protection of the armed forces.
``(b) Limitation.--The amount or value of a reward provided under
this section may not exceed $200,000.
``(c) Delegation of Authority.--(1) The authority of the Secretary
of Defense under subsection (a) may be delegated only--
``(A) to the Deputy Secretary of Defense and an Under
Secretary of Defense, without further redelegation; and
``(B) to the commander of a combatant command, but only for
a reward in an amount or with a value not in excess of $50,000.
``(2) A commander of a combatant command to whom authority to
provide rewards under this section is delegated under paragraph (1) may
further delegate that authority, but only for a reward in an amount or
with a value not in excess of $2,500, except that such a delegation may
be made to the commander's deputy commander without regard to such
limitation.
``(d) Coordination.--(1) The Secretary of Defense shall prescribe
policies and procedures for the offering and making of rewards under
this section and otherwise for administering the authority under this
section. Such polices and procedures shall be prescribed in consultation
with the Secretary of State and the Attorney General and shall ensure
that the making of a reward under this section does not duplicate or
interfere with the payment of a reward authorized by the Secretary of
State or the Attorney General.
``(2) The Secretary of Defense shall consult with the Secretary of
State regarding the making of any reward under this section in an amount
or with a value in excess of $100,000.
``(e) Persons Not Eligible.--The following persons are not eligible
to receive a reward under this section:
``(1) A citizen of the United States.
``(2) An officer or employee of the United States.
``(3) An employee of a contractor of the United States.
``(f) Annual Report.--(1) <<NOTE: Deadline.>> Not later than
December 1 of each year, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the administration of the rewards program
under this section during the preceding fiscal year.
``(2) Each report for a fiscal year under this subsection shall
include the following:
[[Page 116 STAT. 2656]]
``(A) Information on the total amount expended during that
fiscal year to carry out the rewards program under this section
during that fiscal year.
``(B) Specification of the amount, if any, expended during
that fiscal year to publicize the availability of rewards under
this section.
``(C) With respect to each reward provided during that
fiscal year--
``(i) the amount or value of the reward and whether
the reward was provided as a monetary payment or in some
other form;
``(ii) the recipient of the reward; and
``(iii) a description of the information or
assistance for which the reward was paid, together with
an assessment of the significance and benefit of the
information or assistance.
``(3) The Secretary may submit the report in classified form if the
Secretary determines that it is necessary to do so.
``(g) Determinations by the Secretary.--A determination by the
Secretary under this section is final and conclusive and is not subject
to judicial review.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
127a the following new item:
``127b. Assistance in combating terrorism: rewards.''.
SEC. 1066. PROVISION OF SPACE AND SERVICES TO MILITARY WELFARE
SOCIETIES.
(a) Authority To Provide Space and Services.--Chapter 152 of title
10, United States Code, is amended by adding at the end the following
new section:
``Sec. 2566. Space and services: provision to military welfare societies
``(a) Authority To Provide Space and Services.--The Secretary of a
military department may provide, without charge, space and services
under the jurisdiction of that Secretary to a military welfare society.
``(b) Definitions.--In this section:
``(1) The term `military welfare society' means the
following:
``(A) The Army Emergency Relief Society.
``(B) The Navy-Marine Corps Relief Society.
``(C) The Air Force Aid Society, Inc.
``(2) The term `services' includes lighting, heating,
cooling, electricity, office furniture, office machines and
equipment, telephone and other information technology services
(including installation of lines and equipment, connectivity,
and other associated services), and security systems (including
installation and other associated expenses).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2566. Space and services: provision to military welfare societies.''.
[[Page 116 STAT. 2657]]
SEC. 1067. PREVENTION AND MITIGATION OF CORROSION OF MILITARY EQUIPMENT
AND INFRASTRUCTURE.
(a) In General.--(1) Chapter 131 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2228. Military equipment and infrastructure: prevention and
mitigation of corrosion
``(a) Designation of Responsible Official or Organization.--The
Secretary of Defense shall designate an officer or employee of the
Department of Defense, or a standing board or committee of the
Department of Defense, as the senior official or organization
responsible in the Department to the Secretary of Defense (after the
Under Secretary of Defense for Acquisition, Technology, and Logistics)
for the prevention and mitigation of corrosion of the military equipment
and infrastructure of the Department.
``(b) Duties.--(1) The official or organization designated under
subsection (a) shall oversee and coordinate efforts throughout the
Department of Defense to prevent and mitigate corrosion of the military
equipment and infrastructure of the Department. The duties under this
paragraph shall include the duties specified in paragraphs (2) through
(5).
``(2) The designated official or organization shall develop and
recommend any policy guidance on the prevention and mitigation of
corrosion to be issued by the Secretary of Defense.
``(3) The designated official or organization shall review the
programs and funding levels proposed by the Secretary of each military
department during the annual internal Department of Defense budget
review process as those programs and funding proposals relate to
programs and funding for the prevention and mitigation of corrosion and
shall submit to the Secretary of Defense recommendations regarding those
programs and proposed funding levels.
``(4) The designated official or organization shall provide
oversight and coordination of the efforts within the Department of
Defense to prevent or mitigate corrosion during--
``(A) the design, acquisition, and maintenance of military
equipment; and
``(B) the design, construction, and maintenance of
infrastructure.
``(5) The designated official or organization shall monitor
acquisition practices within the Department of Defense--
``(A) to ensure that the use of corrosion prevention
technologies and the application of corrosion prevention
treatments are fully considered during research and development
in the acquisition process; and
``(B) to ensure that, to the extent determined appropriate
for each acquisition program, such technologies and treatments
are incorporated into that program, particularly during the
engineering and design phases of the acquisition process.
``(c) Long-Term Strategy.--(1) The Secretary of Defense shall
develop and implement a long-term strategy to reduce corrosion and the
effects of corrosion on the military equipment and infrastructure of the
Department of Defense.
``(2) The strategy under paragraph (1) shall include the following:
[[Page 116 STAT. 2658]]
``(A) Expansion of the emphasis on corrosion prevention and
mitigation within the Department of Defense to include coverage
of infrastructure.
``(B) Application uniformly throughout the Department of
Defense of requirements and criteria for the testing and
certification of new corrosion-prevention technologies for
equipment and infrastructure with similar characteristics,
similar missions, or similar operating environments.
``(C) Implementation of programs, including supporting
databases, to ensure that a focused and coordinated approach is
taken throughout the Department of Defense to collect, review,
validate, and distribute information on proven methods and
products that are relevant to the prevention of corrosion of
military equipment and infrastructure.
``(D) Establishment of a coordinated research and
development program for the prevention and mitigation of
corrosion for new and existing military equipment and
infrastructure that includes a plan to transition new corrosion
prevention technologies into operational systems.
``(3) The strategy shall include, for the matters specified in
paragraph (2), the following:
``(A) Policy guidance.
``(B) Performance measures and milestones.
``(C) An assessment of the necessary personnel and funding
necessary to accomplish the long-term strategy.
``(d) Definitions.--In this section:
``(1) The term `corrosion' means the deterioration of a
material or its properties due to a reaction of that material
with its chemical environment.
``(2) The term `military equipment' includes all weapon
systems, weapon platforms, vehicles, and munitions of the
Department of Defense, and the components of such items.
``(3) The term `infrastructure' includes all buildings,
structures, airfields, port facilities, surface and subterranean
utility systems, heating and cooling systems, fuel tanks,
pavements, and bridges.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2228. Military equipment and infrastructure: prevention and mitigation
of corrosion.''.
(b) Deadline <<NOTE: 10 USC 2228 note.>> for Designation of
Responsible Official or Organization.--The Secretary of Defense shall
designate an officer, employee, or standing board or committee of the
Department of Defense under subsection (a) of section 2228 of title 10,
United States Code, as added by subsection (a), not later than 90 days
after the date of the enactment of this Act.
(c) Interim Report.--When the President submits the budget for
fiscal year 2004 to Congress pursuant to section 1105(a) of title 31,
United States Code, the Secretary of Defense shall submit to Congress a
report regarding the actions taken to that date under section 2228 of
title 10, United States Code, as added by subsection (a). That report
shall include the following:
(1) A description of the organizational structure for the
personnel carrying out the responsibilities of the official or
organization designated under subsection (a) of that section
with respect to the prevention and mitigation of corrosion.
[[Page 116 STAT. 2659]]
(2) An outline for the long-term strategy for prevention and
mitigation of corrosion required by subsection (c) of that
section and milestones for development of that strategy.
(d) Deadline for Long-Term Strategy.--The Secretary of Defense shall
submit to Congress a report setting forth the long-term strategy
required under subsection (c) of section 2228 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.
(e) GAO <<NOTE: Deadline.>> Review.--The Comptroller General shall
monitor the implementation of the long-term strategy required under
subsection (c) of section 2228 of title 10, United States Code, as added
by subsection (a), and, not later than 18 months after the date of the
enactment of this Act, shall submit to Congress an assessment of the
extent to which that strategy has been implemented.
SEC. 1068. TRANSFER OF HISTORIC DF-9E PANTHER AIRCRAFT TO WOMEN AIRFORCE
SERVICE PILOTS MUSEUM.
(a) Authority to Convey.--The Secretary of the Navy may convey,
without consideration, to the Women Airforce Service Pilots Museum in
Quartzsite, Arizona (in this section referred to as the ``W.A.S.P.
Museum''), all right, title, and interest of the United States in and to
a DF-9E Panther aircraft (Bureau Number 125316). The conveyance shall be
made by means of a conditional deed of gift.
(b) Condition of Aircraft.--The aircraft shall be conveyed under
subsection (a) in its current unflyable, ``as is'' condition. The
Secretary is not required to repair or alter the condition of the
aircraft before conveying ownership of the aircraft.
(c) Reverter Upon Breach of Conditions.--The Secretary shall include
in the instrument of conveyance of the aircraft under subsection (a) the
following conditions:
(1) The W.A.S.P. Museum may not convey any ownership
interest in, or transfer possession of, the aircraft to any
other party without the prior approval of the Secretary.
(2) If the Secretary determines at any time that the
W.A.S.P. Museum has conveyed an ownership interest in, or
transferred possession of, the aircraft to any other party
without the prior approval of the Secretary, all right, title,
and interest in and to the aircraft, including any repair or
alteration of the aircraft, shall revert to the United States,
and the United States shall have the right of immediate
possession of the aircraft.
(d) Conveyance at No Cost to the United States.--The conveyance of
the aircraft under subsection (a) shall be made at no cost to the United
States. Any costs associated with the conveyance, costs of determining
compliance with subsection (b), and costs of operation and maintenance
of the aircraft conveyed shall be borne by the W.A.S.P. Museum.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with a conveyance under
this section as the Secretary considers appropriate to protect the
interests of the United States.
[[Page 116 STAT. 2660]]
SEC. 1069. INCREASE IN AMOUNT AUTHORIZED TO BE EXPENDED FOR DEPARTMENT
OF DEFENSE PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE
KOREAN WAR.
Section 1083(f)(2) of the National Defense Authorization Act for
Fiscal Year 1998 (10 U.S.C. 113 note) is amended by striking
``$7,000,000'' and inserting ``$10,000,000''.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Eligibility of Department of Defense nonappropriated fund
employees for long-term care insurance.
Sec. 1102. Extension of Department of Defense authority to make lump-sum
severance payments.
Sec. 1103. Continuation of Federal Employee Health Benefits Program
eligibility.
Sec. 1104. Certification for Department of Defense professional
accounting positions.
SEC. 1101. ELIGIBILITY OF DEPARTMENT OF DEFENSE NONAPPROPRIATED FUND
EMPLOYEES FOR LONG-TERM CARE INSURANCE.
(a) In General.--Section 9001(1) of title 5, United States Code, is
amended--
(1) in subparagraph (B), by striking ``and'';
(2) in subparagraph (C), by striking the comma at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) an employee of a nonappropriated fund
instrumentality of the Department of Defense described
in section 2105(c),''.
(b) Discretionary Authority.--Section 9002 of such title is
amended--
(1) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Discretionary Authority Regarding Nonappropriated Fund
Instrumentalities.--The Secretary of Defense may determine that a
nonappropriated fund instrumentality of the Department of Defense is
covered under this chapter or is covered under an alternative long-term
care insurance program.''.
SEC. 1102. EXTENSION OF DEPARTMENT OF DEFENSE AUTHORITY TO MAKE LUMP-SUM
SEVERANCE PAYMENTS.
(a) In General.--Section 5595(i)(4) of title 5, United States Code,
is amended by striking ``2003'' and inserting ``2006''.
(b) Report.--Not <<NOTE: Deadline. 5 USC 5595 note.>> later than one
year after the date of the enactment of this Act, the President shall
submit to the Committees on Armed Services and on Governmental Affairs
of the Senate and the Committees on Armed Services and on Government
Reform of the House of Representatives a report, including
recommendations, on whether the authority under section 5595(i) of title
5, United States Code, should be made permanent or expanded to be made
Governmentwide.
[[Page 116 STAT. 2661]]
SEC. 1103. CONTINUATION OF FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM
ELIGIBILITY.
Paragraph (4)(B) of section 8905a(d) of title 5, United States Code,
is amended--
(1) in clause (i), by striking ``2003'' and inserting
``2006''; and
(2) in clause (ii)--
(A) by striking ``2004'' and inserting ``2007''; and
(B) by striking ``2003'' and inserting ``2006''.
SEC. 1104. CERTIFICATION FOR DEPARTMENT OF DEFENSE PROFESSIONAL
ACCOUNTING POSITIONS.
(a) In General.--(1) Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599d. Professional accounting positions: authority to prescribe
certification and credential standards
``(a) Authority To Prescribe Professional Certification Standards.--
The Secretary of Defense may prescribe professional certification and
credential standards for professional accounting positions within the
Department of Defense. Any such standard shall be prescribed as a
Department of Defense regulation.
``(b) Waiver Authority.--The Secretary may waive any standard
prescribed under subsection (a) whenever the Secretary determines such a
waiver to be appropriate.
``(c) Applicability.--A standard prescribed under subsection (a)
shall not apply to any person employed by the Department of Defense
before the standard is prescribed.
``(d) Report.--The Secretary of Defense shall submit to Congress a
report on the Secretary's plans to provide training to appropriate
Department of Defense personnel to meet any new professional and
credential standards prescribed under subsection (a). Such report shall
be prepared in conjunction with the Director of the Office of Personnel
Management. <<NOTE: Deadline.>> Such a report shall be submitted not
later than one year after the effective date of any regulations, or any
revision to regulations, prescribed pursuant to subsection (a).
``(e) Definition.--In this section, the term `professional
accounting position' means a position or group of positions in the GS-
510, GS-511, and GS-505 series that involves professional accounting
work.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1599d. Professional accounting positions: authority to prescribe
certification and credential standards.''.
(b) Effective <<NOTE: 10 USC 1599d note.>> Date.--Standards
established pursuant to section 1599d of title 10, United States Code,
as added by subsection (a), may take effect no sooner than 120 days
after the date of the enactment of this Act.
[[Page 116 STAT. 2662]]
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Authority to provide administrative services and support for
coalition liaison officers.
Sec. 1202. Authority to pay for certain travel of defense personnel of
countries participating in NATO Partnership for Peace
program.
Sec. 1203. Limitation on funding for Joint Data Exchange Center in
Moscow.
Sec. 1204. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
Sec. 1205. Comprehensive annual report to Congress on coordination and
integration of all United States nonproliferation activities.
Sec. 1206. Report requirement regarding Russian proliferation to Iran
and other countries of proliferation concern.
Sec. 1207. Monitoring of implementation of 1979 agreement between the
United States and China on cooperation in science and
technology.
Sec. 1208. Extension of certain counterproliferation activities and
programs.
Sec. 1209. Semiannual report by Director of Central Intelligence on
contributions by foreign persons to efforts by countries of
proliferation concern to obtain weapons of mass destruction
and their delivery systems.
Sec. 1210. Report on feasibility and advisability of senior officer
exchanges between the Armed Forces of the United States and
the military forces of Taiwan.
Sec. 1211. Report on United States force structure in the Pacific.
SEC. 1201. AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES AND SUPPORT FOR
COALITION LIAISON OFFICERS.
(a) Authority.--(1) Chapter 53 of title 10, United States Code, is
amended by inserting after section 1051 the following new section:
``Sec. 1051a. Coalition liaison officers: administrative services and
support; travel, subsistence, and other personal
expenses
``(a) Authority.--The Secretary of Defense may provide
administrative services and support for the performance of duties by a
liaison officer of another nation involved in a coalition with the
United States while the liaison officer is assigned temporarily to the
headquarters of a combatant command, component command, or subordinate
operational command of the United States in connection with the planning
for, or conduct of, a coalition operation.
``(b) Travel and Subsistence Expenses.--(1) The Secretary may pay
the expenses specified in paragraph (2) of a liaison officer of a
developing country in connection with the assignment of that officer to
the headquarters of a combatant command as described in subsection (a),
if the assignment is requested by the commander of the combatant
command.
``(2) Expenses of a liaison officer that may be paid under paragraph
(1) in connection with an assignment described in that paragraph are the
following:
``(A) Travel and subsistence expenses.
``(B) Personal expenses directly necessary to carry out the
duties of that officer in connection with that assignment.
``(c) Reimbursement.--To the extent that the Secretary determines
appropriate, the Secretary may provide the services and support
authorized by subsection (a) and the expenses authorized by subsection
(b) with or without reimbursement from (or on behalf of) the recipients.
``(d) Definitions.--In this section:
``(1) The term `administrative services and support'
includes base or installation support services, office space,
utilities,
[[Page 116 STAT. 2663]]
copying services, fire and police protection, and computer
support.
``(2) The term `coalition' means an ad hoc arrangement
between or among the United States and one or more other nations
for common action.
``(e) Expiration of Authority.--The authority under this section
shall expire on September 30, 2005.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1051 the
following new item:
``1051a. Coalition liaison officers: administrative services and
support; travel, subsistence, and other personal expenses.''.
(b) GAO <<NOTE: Deadline. 10 USC 1051a note.>> Report.--Not later
than March 1, 2005, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report providing an assessment of the implementation of section 1051a
of title 10, United States Code, as added by subsection (a). The
assessment shall include the following:
(1) A description of the benefits to coalition operations of
the authority provided by that section.
(2) A statement of the cost to the Department of Defense of
the use of the authority provided by that section.
(3) A summary of activities carried out under the authority
provided by that section, including (A) the number of liaison
officers for whom administrative services and support or
expenses were provided under that authority and their countries
of origin, and (B) the type of services, support, and expenses
provided.
SEC. 1202. AUTHORITY TO PAY FOR CERTAIN TRAVEL OF DEFENSE PERSONNEL OF
COUNTRIES PARTICIPATING IN NATO PARTNERSHIP FOR PEACE
PROGRAM.
(a) Authority for Use of Funds.--Section 1051(b) of title 10, United
States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In the case of defense personnel of a developing country that
is not a member of the North Atlantic Treaty Organization and that is
participating in the Partnership for Peace program of the North Atlantic
Treaty Organization (NATO), expenses authorized to be paid under
subsection (a) may be paid in connection with travel of personnel to the
territory of any of the countries participating in the Partnership for
Peace program or the territory of any NATO member country.''.
(b) Effective <<NOTE: 10 USC 1051 note.>> Date.--The amendments made
by subsection (a) shall apply only with respect to travel performed on
or after the date of the enactment of this Act.
SEC. 1203. LIMITATION ON FUNDING FOR JOINT DATA EXCHANGE CENTER IN
MOSCOW.
(a) Limitation.--Not more than 50 percent of the funds made
available to the Department of Defense for fiscal year 2003 for
activities associated with the Joint Data Exchange Center in
[[Page 116 STAT. 2664]]
Moscow, Russia, may be obligated or expended for any such activity
until--
(1) the United States and the Russian Federation enter into
a cost-sharing agreement as described in subsection (d) of
section 1231 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-329);
(2) the United States and the Russian Federation enter into
an agreement or agreements exempting the United States and any
United States person from Russian taxes, and from liability
under Russian laws, with respect to activities associated with
the Joint Data Exchange Center;
(3) the Secretary of Defense submits to the Committee on
Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives a copy of each agreement
referred to in paragraphs (1) and (2); and
(4) a period of 30 days has expired after the date of the
final submission under paragraph (3).
(b) Joint Data Exchange Center.--For purposes of this section, the
term ``Joint Data Exchange Center'' means the United States-Russian
Federation joint center for the exchange of data to provide early
warning of launches of ballistic missiles and for notification of such
launches that is provided for in a joint United States-Russian
Federation memorandum of agreement signed in Moscow in June 2000.
SEC. 1204. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year 2003.--The
total amount of the assistance for fiscal year 2003 that is provided by
the Secretary of Defense under section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the
Department of Defense in support of activities under that Act may not
exceed $15,000,000.
(b) Extension of Authority To Provide Assistance.--Subsection (f) of
section 1505 of the Weapons of Mass Destruction Control Act of 1992 (22
U.S.C. 5859a) is amended by striking ``2002'' and inserting ``2003''.
SEC. 1205. <<NOTE: 22 USC 5952 note.>> COMPREHENSIVE ANNUAL REPORT TO
CONGRESS ON COORDINATION AND INTEGRATION OF ALL UNITED
STATES NONPROLIFERATION ACTIVITIES.
Section 1205 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1247) is amended by adding at
the end the following new subsection:
``(d) Annual <<NOTE: Deadline.>> Report on Implementation of Plan.--
(1) Not later than January 31, 2003, and each year thereafter, the
President shall submit to Congress a report on the implementation of the
plan required by subsection (a) during the preceding year.
``(2) Each report under paragraph (1) shall include--
``(A) a discussion of progress made during the year covered
by such report in the matters of the plan required by subsection
(a);
``(B) a discussion of consultations with foreign nations,
and in particular the Russian Federation, during such year on
joint programs to implement the plan;
``(C) a discussion of cooperation, coordination, and
integration during such year in the implementation of the plan
among
[[Page 116 STAT. 2665]]
the various departments and agencies of the United States
Government, as well as private entities that share objectives
similar to the objectives of the plan; and
``(D) any recommendations that the President considers
appropriate regarding modifications to law or regulations, or to
the administration or organization of any Federal department or
agency, in order to improve the effectiveness of any programs
carried out during such year in the implementation of the
plan.''.
SEC. 1206. <<NOTE: 22 USC 5952 note.>> REPORT REQUIREMENT REGARDING
RUSSIAN PROLIFERATION TO IRAN AND OTHER COUNTRIES OF
PROLIFERATION CONCERN.
(a) Report <<NOTE: Deadline. President.>> Requirement.--Not later
than March 15 of 2003 through 2009, the President shall submit to
Congress a report (in unclassified and classified form as necessary)
describing in detail Russian proliferation of weapons of mass
destruction and ballistic missile goods, technology, expertise, and
information, and of dual-use items that may contribute to the
development of weapons of mass destruction and ballistic missiles, to
Iran and to other countries of proliferation concern during the year
preceding the year in which the report is submitted. The report shall
include a detailed description of the following, for the year covered by
the report:
(1) The number, type, and quality of direct and dual-use
weapons of mass destruction and ballistic missile goods,
technology, expertise, and information transferred.
(2) The form, location, and manner in which such transfers
took place.
(3) The contribution that such transfers could make to the
recipient countries' weapons of mass destruction and ballistic
missile programs, and an estimate of how soon such countries
will test, possess, and deploy weapons of mass destruction and
ballistic missiles.
(4) The impact and consequences that such transfers have,
and could have over the next 10 years--
(A) on United States national security;
(B) on United States military forces deployed in the
region to which such transfers are being made;
(C) on United States allies, friends, and interests
in that region; and
(D) on the military capabilities of the country
receiving such transfers from Russia.
(5) The policy and strategy that the President intends to
employ to halt Russian proliferation, the policy tools that the
President intends to use to carry out that policy and strategy,
the rationale for employing such tools, and the timeline by
which the President expects to see material progress in ending
Russian proliferation of direct and dual-use weapons of mass
destruction and missile goods, technology, expertise, and
information.
(b) Definition.--In this section, the term ``country of
proliferation concern'' means any country identified by the Director of
Central Intelligence as having engaged in the acquisition of dual-use
and other technology useful for the development or production
[[Page 116 STAT. 2666]]
of weapons of mass destruction (including nuclear weapons, chemical
weapons, and biological weapons) or advanced conventional munitions--
(1) in the most recent report under section 721 of the
Combatting Proliferation of Weapons of Mass Destruction Act of
1996 (title VII of Public Law 104-293; 50 U.S.C. 2366); or
(2) in any successor report on the acquisition by foreign
countries of dual-use and other technology useful for the
development or production of weapons of mass destruction.
SEC. 1207. <<NOTE: 22 USC 6901 note.>> MONITORING OF IMPLEMENTATION OF
1979 AGREEMENT BETWEEN THE UNITED STATES AND CHINA ON
COOPERATION IN SCIENCE AND TECHNOLOGY.
(a) In General.--The Secretary of State shall--
(1) monitor the implementation of the Agreement specified in
subsection (c);
(2) keep a systematic account of the protocols to the
Agreement;
(3) coordinate the activities of all agencies of the United
States Government that carry out cooperative activities under
the Agreement; and
(4) ensure that all activities conducted under the Agreement
comply with applicable laws and regulations concerning the
transfer of militarily sensitive technologies and dual-use
technologies.
(b) Responsibilities of the Office of Science and Technology
Cooperation.--Except as otherwise provided by the Secretary of State,
the functions of the Secretary under this section shall be carried out
through the Director of the Office of Science and Technology Cooperation
of the Department of State.
(c) Agreement Defined.--For purposes of this section, the term
``Agreement'' means the agreement between the United States and the
People's Republic of China known as the ``Agreement between the
Government of the United States of America and the Government of the
People's Republic of China on Cooperation in Science and Technology'',
signed in Washington on January 31, 1979, and its protocols.
(d) Biennial <<NOTE: Deadline.>> Report to Congress.--(1) Not later
than April 1 of each even-numbered year, the Secretary of State shall
submit to Congress a report on the implementation of the Agreement and
on activities under the Agreement. Each such report shall be submitted
in both classified and unclassified form, as necessary.
(2) Each report under this subsection shall provide an evaluation of
the benefits of the Agreement to the economy, to the military, and to
the industrial base of the People's Republic of China and shall include
the following:
(A) An accounting of all activities conducted under the
Agreement since the previous report (or, in the case of the
first report, since the Agreement was entered into) and a
projection of activities to be undertaken under the Agreement
during the next two years.
(B) An estimate of the costs to the United States to
administer the Agreement during the period covered by the
report.
(C) An assessment of how the Agreement has influenced the
foreign and domestic policies of the People's Republic of
[[Page 116 STAT. 2667]]
China and the policy of the People's Republic of China toward
scientific and technological cooperation with the United States.
(D) An analysis by the Director of Central Intelligence of
the involvement of military specialists, weapons specialists,
and intelligence specialists of the People's Republic of China
in the activities of the Joint Commission established under the
Agreement and in other activities conducted under the Agreement.
(E) A determination by the Secretary of Defense, developed
with the assistance of the Director of Central Intelligence, of
the extent to which the activities conducted under the Agreement
have enhanced the military and defense industrial base of the
People's Republic of China, and an assessment of the effect that
projected activities under the Agreement for the next two years,
including the transfer of technology and know-how, could have on
the economic and military capabilities of the People's Republic
of China.
(F) An assessment by the Inspector General of the Department
of Commerce of--
(i) the extent to which programs or activities
carried out under the Agreement provide access to
technology, information, or know-how that could enhance
military capabilities of the People's Republic of China;
and
(ii) the extent to which those programs or
activities are carried out in compliance with export
control laws and regulations of the United States,
especially those laws and regulations governing so-
called ``deemed exports''.
(G) Any recommendations of the Secretary of State, Secretary
of Defense, or Director of Central Intelligence for improving
the monitoring of the activities of the Joint Commission
established under the Agreement.
(3) The Secretary of State shall prepare each report under this
subsection in consultation with the Secretary of Defense, the Secretary
of Energy, the Director of Central Intelligence, the Director of the
Federal Bureau of Investigation, and the Director of the National
Science Foundation.
(e) Interagency Working Group.--The President shall establish an
interagency working group to oversee the implementation of the Agreement
by departments and agencies of the United States. The working group
shall consist of representatives of such departments, agencies, and
offices of the executive branch as the President considers appropriate.
The working group shall perform the following functions:
(1) Assisting the Secretary of State and other appropriate
officials in setting standards under the Agreement for science
and technology transfers between the United States and the
People's Republic of China.
(2) Monitoring ongoing programs and activities under the
Agreement and recommending future programs and activities under
the Agreement.
(3) Developing a comprehensive database of all government-
to-government programs and United States Government-funded
programs under the Agreement.
(4) Coordinating activities under the Agreement between
United States Government agencies, including elements of the
intelligence community, as appropriate.
[[Page 116 STAT. 2668]]
SEC. 1208. EXTENSION OF CERTAIN COUNTERPROLIFERATION ACTIVITIES AND
PROGRAMS.
(a) Extension of Interagency Counterproliferation Program Review
Committee.--Section 1605(f) of the National Defense Authorization Act
for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended by striking
``September 30, 2004'' and inserting ``September 30, 2008''.
(b) Later Deadline for Submission of Annual Report.--Subsection (a)
of section 1503 of the National Defense Authorization Act for Fiscal
Year 1995 (22 U.S.C. 2751 note) is amended by striking ``February 1 of
each year'' and inserting ``May 1 each year''.
(c) Additional Matters To Be Included in Annual Report.--Subsection
(b) of such section is amended by adding at the end the following new
paragraph:
``(8) A discussion of the limitations and impediments to the
biological weapons counterproliferation efforts of the
Department of Defense (including legal, policy, and resource
constraints) and recommendations for the removal or mitigation
of such impediments and for ways to make such efforts more
effective.''.
(d) Technical Amendment To Reflect Change in Position Title.--
Section 1605(a)(4) of the National Defense Authorization Act for Fiscal
Year 1994 (22 U.S.C. 2751 note) is amended by striking ``Under Secretary
of Defense for Acquisition and Technology'' in the first sentence and
inserting ``Under Secretary of Defense for Acquisition, Technology, and
Logisitics''.
SEC. 1209. SEMIANNUAL REPORT BY DIRECTOR OF CENTRAL INTELLIGENCE ON
CONTRIBUTIONS BY FOREIGN PERSONS TO EFFORTS BY COUNTRIES OF
PROLIFERATION CONCERN TO OBTAIN WEAPONS OF MASS DESTRUCTION
AND THEIR DELIVERY SYSTEMS.
(a) Content of Semiannual Report.--The Combatting Proliferation of
Weapons of Mass Destruction Act of 1996 (title VII of Public Law 104-
293) is amended by inserting after section 721 (50 U.S.C. 2366) the
following new section:
``SEC. 722. SEMIANNUAL REPORT ON CONTRIBUTIONS OF FOREIGN PERSONS TO
WEAPONS OF MASS DESTRUCTION AND DELIVERY SYSTEMS EFFORTS OF
COUNTRIES OF PROLIFERATION CONCERN.
``(a) Reports.--The <<NOTE: 50 USC 2369.>> Director of Central
Intelligence shall submit to Congress a semiannual report identifying
each foreign person that, during the period covered by the report, made
a material contribution to the research, development, production, or
acquisition by a country of proliferation concern of--
``(1) weapons of mass destruction (including nuclear
weapons, chemical weapons, or biological weapons); or
``(2) ballistic or cruise missile systems.
``(b) Period of Semiannual Reports.--Semiannual reports under
subsection (a) shall be submitted as follows:
``(1) <<NOTE: Deadline.>> One semiannual report shall cover
the first six months of the calendar year and shall be submitted
not later than January 1 of the following year.
[[Page 116 STAT. 2669]]
``(2) <<NOTE: Deadline.>> The other semiannual report shall
cover the second six months of the calendar year and shall be
submitted not later than July 1 of the following year.
``(c) Form of Reports.--(1) A report under subsection (a) may be
submitted in classified form, in whole or in part, if the Director of
Central Intelligence determines that submittal in that form is
advisable.
``(2) Any portion of a report under subsection (a) that is submitted
in classified form shall be accompanied by an unclassified summary of
such portion.
``(d) Definitions.--In this section:
``(1) The term `foreign person' means any of the following:
``(A) A natural person who is not a citizen of the
United States.
``(B) A corporation, business association,
partnership, society, trust, or other nongovernmental
entity, organization, or group that is organized under
the laws of a foreign country or has its principal place
of business in a foreign country.
``(C) Any foreign government or foreign governmental
entity operating as a business enterprise or in any
other capacity.
``(D) Any successor, subunit, or subsidiary of any
entity described in subparagraph (B) or (C).
``(2) The term `country of proliferation concern' means any
country identified by the Director of Central Intelligence as
having engaged in the acquisition of dual-use and other
technology useful for the development or production of weapons
of mass destruction (including nuclear weapons, chemical
weapons, and biological weapons) or advanced conventional
munitions--
``(A) in the most recent report under section 721;
or
``(B) in any successor report on the acquisition by
foreign countries of dual-use and other technology
useful for the development or production of weapons of
mass destruction.''.
(b) Effective <<NOTE: 50 USC 2369 note.>> Date.--Section 722 of the
Combatting Proliferation of Weapons of Mass Destruction Act of 1996, as
added by subsection (a), shall take effect with the report with respect
to the first six months of 2003 required to be submitted under that
section not later than January 1, 2004.
SEC. 1210. REPORT ON FEASIBILITY AND ADVISABILITY OF SENIOR OFFICER
EXCHANGES BETWEEN THE ARMED FORCES OF THE UNITED STATES AND
THE MILITARY FORCES OF TAIWAN.
(a) Presidential <<NOTE: Deadline. President.>> Report.--Not later
than 180 days after the date of the enactment of this Act, the President
shall submit to Congress a report on--
(1) the feasibility and advisability of conducting combined
operational training with, and exchanges of general and flag
officers between, the Armed Forces of the United States and the
military forces of Taiwan; and
(2) the progress being made in meeting United States
commitments to the security of Taiwan.
[[Page 116 STAT. 2670]]
(b) Classification of Report.--The report required by this section
shall be submitted in unclassified form and, as necessary, in classified
form.
SEC. 1211. REPORT ON UNITED STATES FORCE STRUCTURE IN THE PACIFIC.
(a) Secretary <<NOTE: Deadline.>> of Defense Report.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report on the plans of the Department
of Defense to maintain adequate United States force structure in the
Pacific, including any efforts (1) to augment current basing
arrangements, and (2) to implement the recommendations from the most
recent Quadrennial Defense Review to improve United States military
capabilities in the Pacific.
(b) Classification of Report.--The report required by this section
shall be submitted in unclassified form and, as necessary, in classified
form.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition against use of funds until submission of reports.
Sec. 1304. Report on use of revenue generated by activities carried out
under Cooperative Threat Reduction programs.
Sec. 1305. Prohibition against use of funds for second wing of fissile
material storage facility.
Sec. 1306. Limited waiver of restrictions on use of funds for threat
reduction in states of the former Soviet Union.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification <<NOTE: 22 USC 5952 note.>> of CTR Programs.--For
purposes of section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section 1501(b)
of the National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note).
(b) Fiscal Year 2003 Cooperative Threat Reduction Funds Defined.--As
used in this title, the term ``fiscal year 2003 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $416,700,000 authorized
to be appropriated to the Department of Defense for fiscal year 2003 in
section 301(23) for Cooperative Threat Reduction programs, the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$70,500,000.
[[Page 116 STAT. 2671]]
(2) For strategic nuclear arms elimination in Ukraine,
$6,500,000.
(3) For nuclear weapons transportation security in Russia,
$19,700,000.
(4) For nuclear weapons storage security in Russia,
$40,000,000.
(5) For activities designated as Other Assessments/
Administrative Support, $14,700,000.
(6) For defense and military contacts, $18,900,000.
(7) For weapons of mass destruction infrastructure
elimination activities in Kazakhstan, $9,000,000.
(8) For weapons of mass destruction infrastructure
elimination activities in Ukraine, $8,800,000.
(9) For chemical weapons destruction in Russia, $50,000,000.
(10) For biological weapons proliferation prevention in the
former Soviet Union, $55,000,000.
(11) For weapons of mass destruction proliferation
prevention in the States of the former Soviet Union,
$40,000,000.
(b) Additional Funds Authorized for Certain Purposes.--Of the funds
authorized to be appropriated to the Department of Defense for fiscal
year 2003 in section 301(23) for Cooperative Threat Reduction programs,
$83,600,000 may be obligated for any of the purposes specified in
paragraphs (1) through (4) and (9) of subsection (a) in addition to the
amounts specifically authorized in such paragraphs.
(c) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2003 Cooperative Threat Reduction funds may be
obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (11) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the amount
of funds to be obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expenditure of
fiscal year 2003 Cooperative Threat Reduction funds for a purpose for
which the obligation or expenditure of such funds is specifically
prohibited under this title or any other provision of law.
(d) Limited Authority To Vary Individual Amounts.--(1) Subject to
paragraphs (2) and (3), in any case in which the Secretary of Defense
determines that it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal year 2003 for a
purpose listed in any of the paragraphs in subsection (a) in excess of
the specific amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount authorized
for such purpose may be made using the authority provided in paragraph
(1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in paragraph
(1), obligate amounts for a purpose stated in any of paragraphs (5)
through (10) of subsection (a) in excess of 125 percent of the specific
amount authorized for such purpose.
[[Page 116 STAT. 2672]]
(4) In this section, the term ``specific amount authorized'' means,
with respect to a purpose listed in any paragraph in subsection (a)--
(A) the amount specifically authorized for that purpose in
subsection (a), plus
(B) in the case of a purpose listed in paragraph (1), (2),
(3), (4), or (9) of subsection (a), any amount obligated under
subsection (b) for that purpose.
SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL SUBMISSION OF REPORTS.
Not more than 50 percent of fiscal year 2003 Cooperative Threat
Reduction funds may be obligated or expended until 30 days after the
date of the submission of--
(1) the report required to be submitted in fiscal year 2002
under section 1308(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-341); and
(2) the update for the multiyear plan required to be
submitted for fiscal year 2001 under section 1205 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 22 U.S.C. 5952 note).
SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY ACTIVITIES CARRIED OUT
UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.
(a) Additional Report Requirements.--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) <<NOTE: 22
USC 5959.>> is amended by inserting at the end the following new
paragraphs:
``(6) To the maximum extent practicable, a description of
how revenue generated by activities carried out under
Cooperative Threat Reduction programs in recipient States is
being utilized, monitored, and accounted for.
``(7) A description of the defense and military activities
carried out under Cooperative Threat Reduction programs during
the fiscal year ending in the year preceding the year of the
report, including--
``(A) the amounts obligated or expended for such
activities;
``(B) the purposes, goals, and objectives for which
such amounts were obligated and expended;
``(C) a description of the activities carried out,
including the forms of assistance provided, and the
justification for each form of assistance provided;
``(D) the success of each activity, including the
goals and objectives achieved for each;
``(E) a description of participation by private
sector entities in the United States in carrying out
such activities, and the participation of any other
Federal department or agency in such activities; and
``(F) any other information that the Secretary
considers relevant to provide a complete description of
the operation and success of activities carried out
under Cooperative Threat Reduction programs.''.
[[Page 116 STAT. 2673]]
(b) Effective <<NOTE: Applicability. 22 USC 5959 note. 22 USC 5952
note.>> Date.--Paragraphs (6) and (7) of section 1308(c) of such Act, as
added by subsection (a), shall apply beginning with the report submitted
under that section in 2004.
SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING OF FISSILE
MATERIAL STORAGE FACILITY.
No funds authorized to be appropriated for Cooperative Threat
Reduction programs for any fiscal year may be used for the design,
planning, or construction of a second wing for a storage facility for
Russian fissile material.
SEC. 1306. LIMITED WAIVER OF RESTRICTIONS ON USE OF FUNDS FOR THREAT
REDUCTION IN STATES OF THE FORMER SOVIET UNION.
(a) Authority <<NOTE: 22 USC 5952 note.>> To Waive Restrictions and
Eligibility Requirements.--If the President submits the certification
and report described in subsection (b) with respect to an independent
state of the former Soviet Union for a fiscal year--
(1) the restrictions in subsection (d) of section 1203 of
the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952)
shall cease to apply, and funds may be obligated and expended
under that section for assistance, to that state during that
fiscal year; and
(2) funds may be obligated and expended during that fiscal
year under section 502 of the FREEDOM Support Act (22 U.S.C.
5852) for assistance or other programs and activities for that
state even if that state has not met one or more of the
requirements for eligibility under paragraphs (1) through (4) of
that section.
(b) Certification and Report.--(1) The certification and report
referred to in subsection (a) are a written certification submitted by
the President to Congress that the waiver of the restrictions and
requirements described in paragraphs (1) and (2) of that subsection
during such fiscal year is important to the national security interests
of the United States, together with a report containing the following:
(A) A description of the activity or activities that prevent
the President from certifying that the state is committed to the
matters set forth in the provisions of law specified in
paragraphs (1) and (2) of subsection (a) in such fiscal year.
(B) An explanation of why the waiver is important to the
national security interests of the United States.
(C) A description of the strategy, plan, or policy of the
President for promoting the commitment of the state to, and
compliance by the state with, such matters, notwithstanding the
waiver.
(2) The matter included in the report under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(c) Fiscal Years Covered.--The authority under subsection (a) shall
apply only with respect to fiscal years 2003, 2004, and 2005.
(d) Expiration of Authority.--The authority under subsection (a)
shall expire on September 30, 2005.
(e) Administration of Restrictions on Assistance.--Subsection (d) of
section 1203 of the Cooperative Threat Reduction Act of 1993 (title XII
of Public Law 103-160; 107 Stat. 1778; 22 U.S.C. 5952) is amended--
[[Page 116 STAT. 2674]]
(1) by striking ``any year'' and inserting ``any fiscal
year''; and
(2) by striking ``that year'' and inserting ``such fiscal
year''.
TITLE XIV--HOMELAND SECURITY
Sec. 1401. Transfer of technology items and equipment in support of
homeland security.
Sec. 1402. Comprehensive plan for improving the preparedness of military
installations for terrorist incidents.
Sec. 1403. Additional Weapons of Mass Destruction Civil Support Teams.
Sec. 1404. Report on the role of the Department of Defense in supporting
homeland security.
Sec. 1405. Sense of Congress on Department of Defense assistance to
local first responders.
SEC. 1401. <<NOTE: 50 USC 2312 note.>> TRANSFER OF TECHNOLOGY ITEMS AND
EQUIPMENT IN SUPPORT OF HOMELAND SECURITY.
(a) Responsible Senior Official.--The Secretary of Defense shall
designate a senior official of the Department of Defense to coordinate
all Department of Defense efforts to identify, evaluate, deploy, and
transfer to Federal, State, and local first responders technology items
and equipment in support of homeland security.
(b) Duties.--The official designated pursuant to subsection (a)
shall--
(1) identify technology items and equipment developed or
being developed by Department of Defense components that have
the potential to enhance public safety and improve homeland
security;
(2) cooperate with appropriate Federal Government officials
outside the Department of Defense to evaluate whether such
technology items and equipment would be useful to first
responders;
(3) facilitate the timely transfer, through identification
of appropriate private sector manufacturers, of appropriate
technology items and equipment to Federal, State, and local
first responders, in coordination with appropriate Federal
Government officials outside the Department of Defense;
(4) identify and eliminate redundant and unnecessary
research efforts within the Department of Defense with respect
to technologies to be deployed to first responders;
(5) expedite the advancement of high priority Department of
Defense projects from research through implementation of initial
manufacturing; and
(6) participate in outreach programs established by
appropriate Federal Government officials outside the Department
of Defense to communicate with first responders and to
facilitate awareness of available technology items and equipment
to support responses to crises.
(c) Support Agreement.--The official designated pursuant to
subsection (a) shall enter into an appropriate agreement with a
nongovernment entity for such entity to assist the official designated
under subsection (a) in carrying out that official's duties under this
section. Any such agreement shall be entered into using competitive
procedures in compliance with applicable requirements of law and
regulation.
(d) Report.--Not <<NOTE: Deadline.>> later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to
[[Page 116 STAT. 2675]]
the congressional defense committees a report on the actions taken to
carry out this section. The report shall include the following:
(1) Identification of the senior official designated
pursuant to subsection (a).
(2) A summary of the actions taken or planned to be taken to
implement subsection (b), including a schedule for planned
actions.
(3) An initial list of technology items and equipment
identified pursuant to subsection (b)(1), together with a
summary of any program schedule for the development, deployment,
or transfer of such items and equipment.
(4) A description of any agreement entered into pursuant to
subsection (c).
SEC. 1402. <<NOTE: 10 USC 113 note.>> COMPREHENSIVE PLAN FOR IMPROVING
THE PREPAREDNESS OF MILITARY INSTALLATIONS FOR TERRORIST
INCIDENTS.
(a) Comprehensive Plan.--The Secretary of Defense shall develop a
comprehensive plan for improving the preparedness of military
installations for preventing and responding to terrorist attacks,
including attacks involving the use or threat of use of weapons of mass
destruction.
(b) Preparedness Strategy.--The plan under subsection (a) shall
include a preparedness strategy that includes each of the following:
(1) Identification of long-term goals and objectives for
improving the preparedness of military installations for
preventing and responding to terrorist attacks.
(2) Identification of budget and other resource requirements
necessary to achieve those goals and objectives.
(3) Identification of factors beyond the control of the
Secretary that could impede the achievement of those goals and
objectives.
(4) A discussion of the extent to which local, regional, or
national military response capabilities are to be developed,
integrated, and used.
(5) A discussion of how the Secretary will coordinate the
capabilities referred to in paragraph (4) with local, regional,
or national civilian and other military capabilities.
(c) Performance Plan.--The plan under subsection (a) shall include a
performance plan that includes each of the following:
(1) A reasonable schedule, with milestones, for achieving
the goals and objectives of the strategy under subsection (b).
(2) Performance criteria for measuring progress in achieving
those goals and objectives.
(3) A description of the process, together with a discussion
of the resources, necessary to achieve those goals and
objectives.
(4) A description of the process for evaluating results in
achieving those goals and objectives.
(d) Submittal to Congress.--The Secretary shall submit the
comprehensive plan developed under subsection (a) to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives not later than 180 days after the date of the
enactment of this Act.
(e) Comptroller <<NOTE: Deadline.>> General Review and Report.--Not
later than 60 days after the date on which the Secretary submits the
comprehensive plan under subsection (a), the Comptroller General
[[Page 116 STAT. 2676]]
shall review the plan and submit to the committees referred to in
subsection (d) the Comptroller General's assessment of the plan.
(f) Annual Report.--(1) In each of 2004, 2005, and 2006, the
Secretary of Defense shall include a report on the comprehensive plan
developed under subsection (a) with the materials that the Secretary
submits to Congress in support of the budget submitted by the President
that year pursuant to section 1105(a) of title 31, United States Code.
(2) Each such report shall include--
(A) a discussion of any revision that the Secretary has made
in the comprehensive plan developed under subsection (a) since
the last report under this subsection or, in the case of the
first such report, since the plan was submitted under subsection
(d); and
(B) an assessment of the progress made in achieving the
goals and objectives of the strategy set forth in the plan.
(3) If the Secretary includes in the report for 2004 or 2005 under
this subsection a declaration that the goals and objectives of the
preparedness strategy set forth in the comprehensive plan have been
achieved, no further report is required under this subsection.
SEC. 1403. <<NOTE: 10 USC 12310 note.>> ADDITIONAL WEAPONS OF MASS
DESTRUCTION CIVIL SUPPORT TEAMS.
(a) Establishment of Additional Teams.--The Secretary of Defense
shall--
(1) establish 23 additional teams designated as Weapons of
Mass Destruction Civil Support Teams, for a total of 55 such
teams; and
(2) ensure that of such 55 teams, there is at least one team
established in each State and territory.
(b) Plan.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a plan, in
furtherance of subsection (a), for establishing at least one Weapons of
Mass Destruction Civil Support Team in each State and territory that
does not have such a team as of the date of the enactment of this Act.
The plan shall include the following:
(1) A schedule and budget for manning, training, and
equipping the new teams as rapidly as is possible without
jeopardizing the attainment of full effectiveness by the new
teams.
(2) A discussion of whether the mission of the Weapons of
Mass Destruction Civil Support Teams should be expanded and, if
so, how.
(c) Definitions.--For purposes of this section:
(1) The term ``Weapons of Mass Destruction Civil Support
Team'' means a team of members of the reserve components of the
Armed Forces that is established under section 12310(c) of title
10, United States Code, in support of emergency preparedness
programs to prepare for or to respond to any emergency involving
the use of a weapon of mass destruction.
(2) The term ``State and territory'' means each of the
several States, the District of Columbia, Puerto Rico, Guam, and
the Virgin Islands.
SEC. 1404. REPORT ON THE ROLE OF THE DEPARTMENT OF DEFENSE IN SUPPORTING
HOMELAND SECURITY.
(a) Report <<NOTE: Deadline.>> Required.--Not later than March 1,
2003, the Secretary of Defense shall submit to the congressional defense
[[Page 116 STAT. 2677]]
committees a report on Department of Defense responsibilities, mission,
and plans for military support of homeland security.
(b) Contents of Report.--The report shall include, at a minimum, a
discussion of the following:
(1) The Department of Defense definition of its homeland
security mission, particularly with respect to how it relates to
providing military support to civil authorities, managing the
consequences of terrorist attacks, and homeland defense, and the
actions the Department is taking to implement the homeland
security mission as so defined.
(2) Changes in the roles, missions, responsibilities,
organization, and capabilities of the following organizations in
order to conduct their homeland security support mission, and
the reasons for such changes:
(A) The Office of the Secretary of Defense.
(B) The Army, Navy, Air Force, and Marine Corps.
(C) The Army National Guard and the Air National
Guard.
(D) The combatant commands of the Department of
Defense.
(3) The relationship between the Department of Defense,
including its combatant commands, and the following with regard
to homeland security:
(A) Other departments and agencies of the Federal
Government.
(B) State and local governments.
(C) The National Guard and Reserve components.
(4) The current capability of the Department of Defense to
respond to terrorist attacks employing chemical, biological,
radiological, nuclear, high explosive or cyberterrorism weapons
against personnel and critical infrastructure of the Department,
including identification of the goals of the Department for
being fully capable of responding to such attacks, current
deficiencies in that capability, the resources required to
achieve that capability, and a long-term plan to reach that
capability.
(5) The roles, missions, and responsibilities of the
intelligence components of the Department of Defense in support
of its homeland security mission, including the policies and
plans for--
(A) collecting and analyzing information related to
homeland security;
(B) sharing that information with other agencies of
the Federal Government; and
(C) preparing threat and risk assessments and
issuing warnings.
(6) A discussion of plans of the Department of Defense for
training, exercising, and preparing to perform its homeland
security mission, including--
(A) individual and collective training for civilian
and military personnel of the Department involved in
homeland security;
(B) integrated training with other agencies of the
Federal Government, and with State and local
governments, as appropriate;
(C) interagency exercises and simulations; and
[[Page 116 STAT. 2678]]
(D) the development of a permanent ``terrorist
opposing force'' capable of challenging the Department's
plans, policies, and capabilities during training events
and exercises.
(7) A discussion of how the Department of Defense biological
defense research program supports its homeland security mission.
(8) A discussion of the efforts by the Department of Defense
to develop, either within the Department or through contracts
with private entities, anticyberterrorism technology, including
an assessment of whether and how such efforts should be
increased.
(9) An assessment of the need for and feasibility of
developing and fielding Department of Defense regional chemical-
biological incident response teams across the United States,
including options for providing the resources and personnel
necessary for developing and fielding any such teams.
(10) A discussion of the Department of Defense plans and
efforts to place new emphasis on the unique operational demands
associated with homeland security while ensuring that defense of
the United States remains the primary mission of the Department
of Defense.
(11) The resource constraints and legal impediments to
implementing any of the activities discussed under paragraphs
(1) through (10).
SEC. 1405. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE ASSISTANCE TO
LOCAL FIRST RESPONDERS.
It is the sense of Congress that the Secretary of Defense should, to
the extent the Secretary considers appropriate and feasible, provide
assistance, in accordance with otherwise applicable provisions of law,
to entities that are local first responders for domestic terrorist
incidents in order to assist those entities in improving their
capabilities to respond to such incidents.
TITLE XV--AUTHORIZATION OF APPROPRIATIONS FOR THE WAR ON TERRORISM
Sec. 1501. Authorization of appropriations for continued operations for
the war on terrorism.
Sec. 1502. Mobilization and personnel.
Sec. 1503. Operations.
Sec. 1504. Equipment replacement and enhancement.
Sec. 1505. Classified activities.
Sec. 1506. Procurement of munitions.
Sec. 1507. Discretionary restoration of authorizations of appropriations
reduced for management efficiencies.
Sec. 1508. General provisions applicable to transfers.
SEC. 1501. AUTHORIZATION OF APPROPRIATIONS FOR CONTINUED OPERATIONS FOR
THE WAR ON TERRORISM.
In addition to any other amounts authorized to be appropriated by
this Act, there is hereby authorized to be appropriated for the
Department of Defense for fiscal year 2003, subject to subsection (b),
$10,000,000,000 only for the conduct of Operation Noble Eagle and
Operation Enduring Freedom in continuation of the war on terrorism in
accordance with the purposes stated in section 2(a)
[[Page 116 STAT. 2679]]
of the Authorization for Use of Military Force (Public Law 107-40; 50
U.S.C. 1541 note).
SEC. 1502. MOBILIZATION AND PERSONNEL.
Of the amount authorized to be appropriated in section 1501,
$2,550,000,000 shall be available only for transfer (subject to sections
1507 and 1508) to fiscal year 2003 military personnel accounts of the
Department of Defense for the purpose of providing for the personnel and
personnel support costs of the members of the Armed Forces who are
participating in Operation Noble Eagle or Operation Enduring Freedom in
continuation of the war on terrorism in accordance with the purposes
referred to in section 1501(a).
SEC. 1503. OPERATIONS.
Of the amount authorized to be appropriated in section 1501,
$4,270,000,000 shall be available only for transfer (subject to sections
1507 and 1508) to fiscal year 2003 operation and maintenance accounts
and working-capital funds of the Department of Defense for operating
costs of the conduct of Operation Noble Eagle and Operation Enduring
Freedom in continuation of the war on terrorism in accordance with the
purposes referred to in section 1501(a).
SEC. 1504. EQUIPMENT REPLACEMENT AND ENHANCEMENT.
Of the amount authorized to be appropriated in section 1501,
$1,000,000,000 shall be available only for transfer (subject to sections
1507 and 1508) to fiscal year 2003 procurement and research,
development, test, and evaluation accounts of the Department of Defense
for--
(1) emergency replacement of equipment and munitions lost or
expended in operations conducted as part of Operation Noble
Eagle or Operation Enduring Freedom in continuation of the war
on terrorism in accordance with the purposes referred to in
section 1501(a); or
(2) enhancement of critical military capabilities necessary
to carry out operations as part of those Operations in
continuation of the war on terrorism in accordance with those
purposes.
SEC. 1505. CLASSIFIED ACTIVITIES.
Of the amount authorized to be appropriated in section 1501,
$1,980,000,000 shall be available only for unspecified intelligence and
classified activities carried out in support of Operation Noble Eagle or
Operation Enduring Freedom in continuation of the war on terrorism in
accordance with the purposes referred to in section 1501(a), and only by
transfer (subject to sections 1507 and 1508) to fiscal year 2003
accounts of the Department of Defense in amounts as follows:
(1) To procurement accounts, $1,618,200,000.
(2) To operation and maintenance accounts, $301,600,000.
(3) To research, development, test, and evaluation accounts,
$60,200,000.
SEC. 1506. PROCUREMENT OF MUNITIONS.
Of the amount authorized to be appropriated in section 1501,
$200,000,000 shall be available only for the procurement of munitions
for the support of Operation Noble Eagle or Operation Enduring Freedom
in continuation of the war on terrorism in
[[Page 116 STAT. 2680]]
accordance with the purposes referred to in section 1501(a), and only by
transfer (subject to sections 1507 and 1508) to fiscal year 2003
procurement accounts of the Department of Defense in amounts as follows:
(1) To accounts of the Army for the procurement of
ammunition $94,000,000.
(2) To accounts of the Navy for the procurement of weapons,
$35,000,000.
(3) To accounts of the Navy and Marine Corps for the
procurement of ammunition, $25,000,000.
(4) To accounts of the Air Force for the procurement of
ammunition, $40,000,000.
(5) To Defense-wide procurement accounts for special
operations forces, $6,000,000.
SEC. 1507. DISCRETIONARY RESTORATION OF AUTHORIZATIONS OF APPROPRIATIONS
REDUCED FOR MANAGEMENT EFFICIENCIES.
(a) Transfer Authority.--(1) The Secretary of Defense may, subject
to section 1508, transfer up to a total of $1,000,000,000 of the amount
authorized to be appropriated by section 1501 to Department of Defense
accounts under titles I, II, and III that are reduced for savings
described in paragraph (2) if and to the extent that the Secretary
determines that such savings are not achievable.
(2) The savings referred to in paragraph (1) are savings that are to
be achieved from--
(A) improved management of Department of Defense contracts
for the procurement of services; and
(B) the deferral of expenditures on financial management
systems.
(b) Relationship to Other Title XV Transfer Authorities.--The total
amount transferred under sections 1502 through 1506 and under section
1507 may not exceed the total amount authorized to be appropriated by
section 1501.
SEC. 1508. GENERAL PROVISIONS APPLICABLE TO TRANSFERS.
(a) Merger of Transferred Amounts.--Amounts transferred pursuant to
this title shall be merged with, and shall be available for the same
purposes and the same period as, the account to which transferred.
(b) Congressional Notice-and-Wait Requirement.--A transfer may not
be made under section 1502, 1503, 1504, 1505, 1506, or 1507 until the
Secretary of Defense has submitted a notice in writing to the
congressional defense committees of the proposed transfer and a period
of 15 days has elapsed after the date such notice is received. Any such
notice shall include specification of the amount of the proposed
transfer, the account to which the transfer is to be made, and the
purpose of the transfer.
(c) Relationship to Other Transfer Authority.--The transfer
authorities provided in this title are in addition to any other transfer
authority available to the Secretary of Defense under any provision of
any other title of this Act or under any other provision of law.
[[Page 116 STAT. 2681]]
DIVISION <<NOTE: Military Construction Authorization Act for Fiscal Year
2003.>> B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2003''.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2002 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2001 project.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Anniston Army Depot.. $1,900,000
Fort Rucker.......... $15,808,000
Redstone Arsenal..... $1,950,000
Alaska......................... Fort Greely.......... $2,700,000
Fort Richardson...... $20,011,000
Fort Wainwright...... $139,906,000
Arizona........................ Fort Huachuca........ $10,400,000
Yuma Proving Ground.. $4,500,000
California..................... Fort Irwin........... $2,522,000
Colorado....................... Fort Carson.......... $9,698,000
District of Columbia........... Walter Reed Army $13,794,000
Medical Center......
Georgia........................ Fort Benning......... $86,250,000
Fort Stewart/Hunter $26,000,000
Army Air Field......
Hawaii......................... Schofield Barracks... $191,000,000
Kansas......................... Fort Leavenworth..... $7,979,000
Fort Riley........... $81,095,000
Kentucky....................... Blue Grass Army Depot $5,500,000
Fort Campbell........ $106,300,000
Fort Knox............ $5,873,000
Louisiana...................... Fort Polk............ $37,620,000
Maryland....................... Fort Detrick......... $22,500,000
Massachusetts.................. Natick Research, $4,100,000
Development, and
Engineering Center..
Missouri....................... Fort Leonard Wood.... $24,993,000
New Jersey..................... Picatinny Arsenal.... $7,500,000
New York....................... Fort Drum............ $18,300,000
United States $4,991,000
Military Academy,
West Point..........
North Carolina................. Fort Bragg........... $99,632,000
[[Page 116 STAT. 2682]]
Oklahoma....................... Fort Sill............ $39,652,000
Pennsylvania................... Letterkenny Army $1,550,000
Depot...............
South Carolina................. Fort Jackson......... $3,051,000
Texas.......................... Fort Bliss........... $5,200,000
Fort Hood............ $83,061,000
Virginia....................... Fort Eustis.......... $4,133,000
Fort Lee............. $7,103,000
Washington..................... Fort Lewis........... $56,195,000
Yakima Training $3,000,000
Center.
-----------------
Total............ $1,155,767,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Belgium........................ Supreme Headquarters, $13,600,000
Allied Powers Europe..
Germany........................ Area Support Group, $17,200,000
Bamberg.
Campbell Barracks...... $8,300,000
Coleman Barracks....... $1,350,000
Darmstadt.............. $3,500,000
Grafenwoehr............ $69,866,000
Landstuhl.............. $2,400,000
Mannheim............... $42,000,000
Schweinfurt............ $2,000,000
Italy.......................... Vicenza................ $34,700,000
Korea.......................... Camp Carroll........... $20,000,000
Camp Castle............ $6,800,000
Camp Hovey............. $25,000,000
Camp Humphreys......... $36,000,000
Camp Henry............. $10,200,000
Camp Tango............. $12,600,000
K16 Airfield........... $40,000,000
Qatar.......................... Qatar.................. $8,600,000
---------------
Total.................. $354,116,000
------------------------------------------------------------------------
(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.......... Unspecified Worldwide.. $4,000,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
[[Page 116 STAT. 2683]]
2104(a)(6)(A), the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting facilities) at
the installations, for the purposes, and in the amounts set forth in the
following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Wainwright............ 38 Units................... $17,752,000
Arizona................................. Yuma Proving Ground........ 33 Units................... $6,100,000
Korea................................... Yongsan.................... 10 Units................... $3,100,000
-------------
Total:................. $26,952,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(6)(A), the Secretary
of the Army may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed
$15,653,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(6)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $239,751,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2002, for military
construction, land acquisition, and military family housing functions of
the Department of the Army in the total amount of $3,104,176,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $949,567,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $354,116,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2101(c), $4,000,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $21,550,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $160,313,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $282,356,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,117,274,000.
(7) For the construction of phase 2 of Saddle Access Road,
Pohakoula Training Facility, Hawaii, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001, as enacted
[[Page 116 STAT. 2684]]
into law by Public Law 106-398; 114 Stat. 1654A-389),
$13,000,000.
(8) For the construction of phase 3 of a barracks complex,
Butner Road, at Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2001 (division B of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001, as enacted into
law by Public Law 106-398; 114 Stat. 1654A-389), $50,000,000.
(9) For the construction of phase 2 of a barracks complex, D
Street, at Fort Richardson, Alaska, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat.
1280), $21,000,000.
(10) For the construction of phase 2 of a barracks complex,
Nelson Boulevard, at Fort Carson, Colorado, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107-107; 115
Stat. 1280), as amended by section 2105 of this Act,
$42,000,000.
(11) For the construction of phase 2 of a basic combat
trainee complex at Fort Jackson, South Carolina, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107-107; 115
Stat. 1280), as amended by section 2105 of this Act,
$39,000,000.
(12) For the construction of phase 2 of a barracks complex,
17th and B Streets, at Fort Lewis, Washington, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107-107; 115
Stat. 1280), $50,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a);
(2) $18,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, Main
Post, at Fort Benning, Georgia);
(3) $100,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, Capron
Avenue, at Schofield Barracks, Hawaii);
(4) $13,200,000 (the balance of the amount authorized under
section 2101(a) for construction of a combined arms collective
training facility at Fort Riley, Kansas);
(5) $50,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, Range
Road, at Fort Campbell, Kentucky); and
(6) $25,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a consolidated maintenance
complex at Fort Sill, Oklahoma).
(c) Adjustments.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (12) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
the following:
[[Page 116 STAT. 2685]]
(1) $18,596,000, which represents savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and military
family housing support outside the United States.
(2) $29,350,000, which represents savings resulting from
adjustments in the accounting of civilian personnel benefits.
(3) $16,740,000, which represents savings resulting from
reductions in supervision, inspection, and overhead costs.
(4) $18,000,000, which represents savings resulting from
lower-than-expected inflation.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2002 PROJECTS.
(a) Modification.--The table in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1281) is amended--
(1) in the item relating to Fort Carson, Colorado, by
striking ``$66,000,000'' in the amount column and inserting
``$67,000,000''; and
(2) in the item relating to Fort Jackson, South Carolina, by
striking ``$65,650,000'' in the amount column and inserting
``$68,650,000''.
(b) Conforming Amendments.--Section 2104(b) of that Act (115 Stat.
1284) is amended--
(1) in paragraph (3), by striking ``$41,000,000'' and
inserting ``$42,000,000''; and
(2) in paragraph (4), by striking ``$36,000,000'' and
inserting ``$39,000,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2001 PROJECT.
The table in section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001, as
enacted into law by Public Law 106-398; 114 Stat. 1654A-390) is amended
by striking ``Camp Page'' in the installation or location column and
inserting ``Camp Stanley''.
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
2002 projects.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
[[Page 116 STAT. 2686]]
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $3,000,000
Station, Yuma.
California..................... Auxiliary Landing $6,150,000
Field, San Diego (San
Clemente Island).....
Marine Corps Air- $39,470,000
Ground Combat Center,
Twentynine Palms.....
Marine Corps Air $11,930,000
Station, Camp
Pendleton............
Marine Corps Air $12,210,000
Station, Miramar.....
Marine Corps Base, $84,040,000
Camp Pendleton.......
Marine Corps Logistics $4,450,000
Base, Barstow........
Naval Air Station, $35,855,000
Lemoore.
Naval Air Warfare $6,760,000
Center, Point Mugu,
San Nicholas Island..
Naval Air Warfare $10,100,000
Center, China Lake...
Naval Construction $10,170,000
Training Center, Port
Hueneme..............
Naval Post Graduate $9,020,000
School, Monterey.....
Naval Station, San $12,210,000
Diego................
Connecticut.................... Naval Submarine Base, $7,880,000
New London...........
District of Columbia........... Marine Corps Barracks. $3,700,000
Naval District, $2,690,000
Washington.
Florida........................ Naval Air Station, $13,342,000
Jacksonville.
Naval Air Station, $990,000
Pensacola.
Naval School Explosive $6,350,000
Ordnance Detachment,
Eglin................
Naval Station, Mayport $1,900,000
Naval Surface Warfare $10,700,000
Center Coastal
Systems Station,
Panama City..........
Georgia........................ Naval Submarine Base, $1,580,000
Kings Bay.
Hawaii......................... Marine Corps Base..... $9,500,000
Naval Shipyard, Pearl $18,500,000
Harbor.
Naval Station, Pearl $34,090,000
Harbor.
Illinois....................... Naval Training Center, $83,190,000
Great Lakes.
Indiana........................ Naval Surface Warfare $11,610,000
Center, Crane........
Maine.......................... Naval Air Station, $9,830,000
Brunswick.
Naval Shipyard, $15,200,000
Kittery-Portsmouth.
Maryland....................... Naval Air Facility, $9,680,000
Andrews Air Force
Base.................
Naval Surface Warfare $12,900,000
Center, Carderock
Division.............
United States Naval $1,800,000
Academy.
Mississippi.................... Naval Air Station, $2,850,000
Meridian.
Naval Construction $5,460,000
Battalion Center,
Gulfport.............
Naval Station, $25,305,000
Pascagoula.
New Jersey..................... Naval Air Warfare $5,200,000
Center, Lakehurst.
Naval Weapons Station, $5,600,000
Earle................
North Carolina................. Marine Corps Air $6,040,000
Station, Cherry Point.
Marine Corps Air $6,920,000
Station, New River.
Marine Corps Base, $9,570,000
Camp Lejeune.
Rhode Island................... Naval Station, Newport $15,900,000
South Carolina................. Marine Corps Air $13,700,000
Station, Beaufort....
Marine Corps Recruit $10,490,000
Depot, Parris Island.
Naval Weapons Station, $5,740,000
Charleston...........
Texas.......................... Naval Air Station, $7,150,000
Corpus Christi.
[[Page 116 STAT. 2687]]
Naval Station, $5,000,000
Ingleside.
Naval Air Station, $6,210,000
Kingsville.
Virginia....................... Marine Corps Combat $24,864,000
Development Command,
Quantico.............
Naval Air Station $16,490,000
Oceana.
Naval Amphibious Base, $9,770,000
Little Creek.
Naval Shipyard, $36,470,000
Norfolk, Portsmouth.
Naval Station, Norfolk $168,965,000
Naval Support $2,260,000
Activity, Norfolk.
Naval Surface Warfare $15,830,000
Center, Dahlgren.....
Naval Weapons Station, $15,020,000
Yorktown.
Washington..................... Naval Air Station, $17,580,000
Whidbey Island.
Naval Magazine, Indian $4,030,000
Island.
Naval Station, $45,870,000
Bremerton.
Naval Submarine Base, $22,310,000
Bangor.
Naval Undersea Warfare $7,500,000
Center, Keyport......
Puget Sound Naval $57,132,000
Shipyard, Bremerton..
Strategic Weapons $7,340,000
Facility, Bangor.
Various Locations.............. Host Nation $1,000,000
Infrastructure.
----------------
Total............. $1,084,363,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................ Naval Support Activity, $25,970,000
Bahrain...............
Cuba........................... Naval Station, $4,280,000
Guantanamo Bay........
Diego Garcia................... Diego Garcia, Naval $11,090,000
Support Facility......
Greece......................... Naval Support Activity, $6,800,000
Joint Headquarters
Command, Larissa......
Guam........................... Commander, United $13,400,000
States Naval Forces,
Guam..................
Iceland........................ Naval Air Station, $14,920,000
Keflavik.
Italy.......................... Naval Air Station, $55,660,000
Sigonella.
Spain.......................... Naval Station, Rota.... $18,700,000
---------------
Total.............. $150,820,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire family
housing units (including land acquisition and supporting facilities) at
the installations, for the purposes, and in the amounts set forth in the
following table:
[[Page 116 STAT. 2688]]
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Naval Air Station, Lemoore. 178 Units.................. $40,981,000
Twentynine Palms........... 76 Units................... $19,425,000
Connecticut............................. Naval Submarine Base, New 100 Units.................. $24,415,000
London....................
Florida................................. Naval Station, Mayport..... 1 Unit..................... $329,000
Hawaii.................................. Marine Corps Base, Kaneohe 65 Units................... $24,797,000
Bay.......................
Maine................................... Naval Air Station, 22 Units................... $5,000,000
Brunswick.................
Mississippi............................. Naval Air Station, Meridian 56 Units................... $9,755,000
North Carolina.......................... Marine Corps Base, Camp 317 Units.................. $43,650,000
Lejeune...................
Virginia................................ Marine Corps Base, Quantico 290 Units.................. $41,843,000
United Kingdom......................... Joint Maritime Facility, 62 Units................... $18,524,000
St. Mawgan................
-------------
Total.................. $228,719,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriation in section 2204(a)(5)(A), the Secretary
of the Navy may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of military family housing units in an amount not to exceed
$11,281,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $139,468,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2002, for military
construction, land acquisition, and military family housing functions of
the Department of the Navy in the total amount of $2,576,381,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $1,025,598,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $148,250,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $26,187,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $95,570,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $379,468,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $867,788,000.
[[Page 116 STAT. 2689]]
(6) For replacement of a pier at Naval Station, Norfolk,
Virginia, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division B
of Public Law 107-107; 115 Stat. 1287), as amended by section
2205 of this Act, $33,520,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $10,645,000 (the balance of the amount authorized under
section 2201(a) for a bachelors enlisted quarters shipboard
ashore, Naval Station, Pascagoula, Mississippi);
(3) $48,120,000 (the balance of the amount authorized under
section 2201(a) for a bachelors enlisted quarters shipboard
ashore, Naval Station, Norfolk, Virginia); and
(4) $2,570,000 (the balance of the amount authorized under
section 2201(b) for a quality of life support facility, Naval
Air Station Sigonella, Italy).
(c) Adjustments.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (6) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
the following:
(1) $3,992,000, which represents savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and military
family housing support outside the United States.
(2) $10,470,000, which represents savings resulting from
adjustments in the accounting of civilian personnel benefits.
(3) $15,017,000, which represents savings resulting from
reductions in supervision, inspection, and overhead costs.
(4) $14,000,000, which represents savings resulting from
lower-than-expected inflation.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2002 PROJECTS.
(a) Military Construction Project at Naval Station, Norfolk,
Virginia.--The table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Public Law 107-
107; 115 Stat. 1286) is amended--
(1) in the item relating to Naval Station, Norfolk,
Virginia, by striking ``$139,270,000'' in the amount column and
inserting ``$139,550,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,059,030,000''.
(b) Military Family Housing at Quantico, Virginia.--The table in
section 2202(a) of that Act (115 Stat. 1288) is amended in the item
relating to Marine Corps Combat Development Command, Quantico, Virginia,
by striking ``60 Units'' in the purpose column and inserting ``39
Units''.
(c) Conforming Amendment.--Section 2204(b)(2) of that Act (115 Stat.
1289) is amended by striking ``$33,240,000'' and inserting
``$33,520,000''.
[[Page 116 STAT. 2690]]
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authority for use of military construction funds for
construction of public road near Aviano Air Base, Italy, to
replace road closed for force protection purposes.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the following
table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alaska......................... Clear Air Station...... $14,400,000
Eielson Air Force Base. $41,100,000
Arizona........................ Davis-Monthan Air Force $19,270,000
Base.
Luke Air Force Base.... $13,000,000
Arkansas....................... Little Rock Air Force $25,600,000
Base.
California..................... Beale Air Force Base... $11,740,000
Travis Air Force Base.. $33,469,000
Vandenberg Air Force $10,500,000
Base.
Colorado....................... Buckley Air National $17,700,000
Guard Base.
Peterson Air Force Base $5,500,000
Schriever Air Force $5,700,000
Base.
United States Air Force $4,200,000
Academy.
District of Columbia........... Bolling Air Force Base. $5,000,000
Florida........................ Avon Park Air Force $2,000,000
Range.
Elgin Air Force Base... $4,250,000
Hurlburt Field......... $15,000,000
MacDill Air Force Base. $20,000,000
Georgia........................ Robins Air Force Base.. $29,400,000
Hawaii......................... Hickam Air Force Base.. $1,350,000
Kansas......................... McConnell Air Force $7,500,000
Base.
Louisiana...................... Barksdale Air Force $22,900,000
Base.
Maryland....................... Andrews Air Force Base. $9,600,000
Massachusetts.................. Hanscom Air Force Base. $7,700,000
Mississippi.................... Keesler Air Force Base. $22,000,000
Nebraska....................... Offutt Air Force Base.. $11,000,000
Nevada......................... Nellis Air Force Base.. $56,850,000
New Jersey..................... McGuire Air Force Base. $29,831,000
New Mexico..................... Cannon Air Force Base.. $4,650,000
Holloman Air Force Base $4,650,000
Kirtland Air Force Base $21,900,000
North Carolina................. Pope Air Force Base.... $9,700,000
North Dakota................... Minot Air Force Base... $5,000,000
Ohio........................... Wright-Patterson Air $25,000,000
Force Base.
Oklahoma....................... Altus Air Force Base... $14,800,000
Vance Air Force Base... $4,800,000
South Carolina................. Shaw Air Force Base.... $6,800,000
South Dakota................... Ellsworth Air Force $13,200,000
Base.
Texas.......................... Goodfellow Air Force $10,600,000
Base.
Lackland Air Force Base $37,300,000
Lackland Air Force Base $10,000,000
(Camp Bullis).........
[[Page 116 STAT. 2691]]
Laughlin Air Force Base $8,000,000
Sheppard Air Force Base $16,000,000
Utah........................... Hill Air Force Base.... $14,500,000
Virginia....................... Langley Air Force Base. $70,940,000
---------------
Total.................. $724,400,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Diego Garcia................... Diego Garcia........... $17,100,000
Germany........................ Ramstein Air Force Base $71,783,000
Guam........................... Andersen Air Force Base $31,000,000
Italy.......................... Aviano Air Force Base.. $6,600,000
Japan.......................... Kadena Air Force Base.. $6,000,000
Korea.......................... Osan Air Base.......... $15,100,000
Spain.......................... Naval Station, Rota.... $31,818,000
Turkey......................... Incirlik Air Force Base $1,550,000
United Kingdom................. Royal Air Force, $19,000,000
Fairford.
Royal Air Force, $13,400,000
Lakenheath.
Wake Island.................... Wake Island............ $24,900,000
---------------
Total.............. $238,251,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using 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.... $24,993,000
---------------
Total.............. $24,993,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations, for the purposes, and in the amounts
set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................. Luke Air Force Base........ 140 Units.................. $18,954,000
[[Page 116 STAT. 2692]]
California.............................. Travis Air Force Base...... 110 Units.................. $24,320,000
Colorado................................ Peterson Air Force Base.... 2 Units.................... $959,000
United States Air Force 71 Units................... $12,424,000
Academy...................
Delaware................................ Dover Air Force Base....... 112 Units.................. $19,615,000
Florida................................. Eglin Air Force Base....... Housing Office............. $597,000
Eglin Air Force Base....... 134 Units.................. $15,906,000
MacDill Air Force Base..... 96 Units................... $18,086,000
Hawaii.................................. Hickam Air Force Base...... 96 Units................... $29,050,000
Idaho................................... Mountain Home Air Force 95 Units................... $24,392,000
Base......................
Kansas.................................. McConnell Air Force Base... Housing Maintenance $1,514,000
Facility..................
Maryland................................ Andrews Air Force Base..... 53 Units................... $9,838,000
Andrews Air Force Base..... 52 Units................... $8,807,000
Mississippi............................. Columbus Air Force Base.... Housing Office............. $412,000
Keesler Air Force Base..... 117 Units.................. $16,505,000
Missouri................................ Whiteman Air Force Base.... 97 Units................... $17,107,000
Montana................................. Malmstrom Air Force Base... 18 Units................... $4,717,000
New Mexico.............................. Holloman Air Force Base.... 101 Units.................. $20,161,000
North Carolina.......................... Pope Air Force Base........ Housing Maintenance $991,000
Facility..................
Seymour Johnson Air Force 126 Units.................. $18,615,000
Base......................
North Dakota............................ Grand Forks Air Force Base. 150 Units.................. $30,140,000
Minot Air Force Base....... 112 Units.................. $21,428,000
Minot Air Force Base....... 102 Units.................. $20,315,000
Oklahoma................................ Vance Air Force Base....... 59 Units................... $11,423,000
South Dakota............................ Ellsworth Air Force Base... Housing Maintenance $447,000
Facility..................
Ellsworth Air Force Base... 22 Units................... $4,794,000
Texas................................... Dyess Air Force Base....... 85 Units................... $14,824,000
Randolph Air Force Base.... Housing Maintenance $447,000
Facility..................
Randolph Air Force Base.... 112 Units.................. $14,311,000
Virginia................................ Langley Air Force Base..... Housing Office............. $1,193,000
Germany................................. Ramstein Air Force Base.... 19 Units................... $8,534,000
Korea................................... Osan Air Base.............. 113 Units.................. $35,705,000
Osan Air Base.............. Housing Supply Warehouse... $834,000
[[Page 116 STAT. 2693]]
United Kingdom.......................... Royal Air Force, Lakenheath Housing Office and $2,203,000
Maintenance Facility......
------------------------------
Total...................... $429,568,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(6)(A), the Secretary
of the Air Force may carry out architectural and engineering services
and construction design activities with respect to the construction or
improvement of military family housing units in an amount not to exceed
$34,188,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, Unites States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(6)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$226,068,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2002, for military
construction, land acquisition, and military family housing functions of
the Department of the Air Force in the total amount of $2,633,738,000,
as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $717,300,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $238,251,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2301(c), $24,993,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $11,500,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $82,820,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $689,824,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $869,050,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2) and (3) of subsection (a); and
[[Page 116 STAT. 2694]]
(2) $7,100,000 (the balance of the amount authorized under
section 2301(a) for construction of a consolidated base engineer
complex at Altus Air Force Base, Oklahoma).
(c) Adjustments.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (6) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
the following:
(1) $19,063,000, which represents savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and military
family housing support outside the United States.
(2) $15,306,000, which represents savings resulting from
reductions in supervision, inspection, and overhead costs.
(3) $16,000,000, which represents savings resulting from
lower-than-expected inflation.
SEC. 2305. AUTHORITY FOR USE OF MILITARY CONSTRUCTION FUNDS FOR
CONSTRUCTION OF PUBLIC ROAD NEAR AVIANO AIR BASE, ITALY, TO
REPLACE ROAD CLOSED FOR FORCE PROTECTION PURPOSES.
(a) Authority To Use Funds.--Using amounts authorized to be
appropriated by section 2304(a)(2), the Secretary of the Air Force may
carry out a project to provide a public road, and associated
improvements, to replace a public road adjacent to Aviano Air Base,
Italy, that has been closed for force protection purposes.
(b) Scope of Authority.--(1) The authority of the Secretary to carry
out the project referred to in subsection (a) shall include authority as
follows:
(A) To acquire property for the project for transfer to a
host nation authority.
(B) To provide funds to a host nation authority to acquire
property for the project.
(C) To make a contribution to a host nation authority for
purposes of carrying out the project.
(D) To provide vehicle and pedestrian access to landowners
affected by the project.
(2) The acquisition of property using the authority in subparagraph
(A) or (B) of paragraph (1) may be made regardless of whether or not
ownership of such property will vest in the United States.
(c) Inapplicability of Certain Real Property Management
Requirement.--Section 2672(a)(1)(B) of title 10, United States Code,
shall not apply with respect to any acquisition of interests in land for
purposes of the project authorized by subsection (a).
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
Sec. 2405. Modification of authority to carry out certain fiscal year
2000 project.
Sec. 2406. Modification of authority to carry out certain fiscal year
1999 project.
Sec. 2407. Modification of authority to carry out certain fiscal year
1997 project.
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
[[Page 116 STAT. 2695]]
2404(a)(1), the Secretary of Defense may acquire real property and carry
out military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the following
table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Chemical Demilitarization...... Pine Bluff, Arkansas... $18,937,000
Defense Intelligence Agency.... Bolling Air Force Base, $111,958,000
District of Columbia..
Defense Logistics Agency....... Defense Supply Center, $5,500,000
Richmond, Virginia....
Naval Air Station, New $9,500,000
Orleans, Louisiana....
Travis Air Force Base, $16,000,000
California............
Defense Threat Reduction Agency Fort Belvoir, Virginia. $76,388,000
Department of Defense Fort Bragg, North $2,036,000
Dependents Schools............ Carolina..............
Fort Jackson, South $2,506,000
Carolina..............
Marine Corps Base, Camp $12,138,000
Lejeune, North
Carolina..............
Marine Corps Base, $1,418,000
Quantico, Virginia....
United States Military $4,347,000
Academy, West Point,
New York..............
Joint Chiefs of Staff.......... Peterson Air Force $25,000,000
Base, Colorado.
Missile Defense Agency......... Kauai, Hawaii.......... $23,400,000
National Security Agency....... Fort Meade, Maryland... $4,484,000
Special Operations Command..... Dam Neck, Virginia..... $3,900,000
Fort Bragg, North $30,800,000
Carolina.
Hurlburt Field, Florida $11,100,000
Naval Amphibious Base, $14,300,000
Little Creek, Virginia
Stennis Space Center, $5,000,000
Mississippi.
TRICARE Management Activity.... Elmendorf Air Force $10,400,000
Base, Alaska..........
Hickam Air Force Base, $2,700,000
Hawaii.
Washington Headquarters District of Columbia... $2,500,000
Services......................
---------------
Total.............. $394,312,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Logistics Agency....... Andersen Air Force $17,586,000
Base, Guam............
Naval Forces Marianas $6,000,000
Islands, Guam.........
Naval Station, Rota, $23,400,000
Spain.................
[[Page 116 STAT. 2696]]
Royal Air Force, $17,000,000
Fairford, United
Kingdom...............
Yokota Air Base, Japan. $23,000,000
Department of Defense Kaiserslautern, Germany $957,000
Dependents Schools............
Lajes Field, Azores, $1,192,000
Portugal..............
Seoul, Korea........... $31,683,000
Supreme Headquarters, $1,573,000
Allied Powers Europe,
Belgium...............
Spangdahlem Air Base, $997,000
Germany...............
Vicenza, Italy......... $2,117,000
TRICARE Management Activity.... Naval Support Activity, $41,449,000
Naples, Italy.........
Spangdahlem Air Base, $39,629,000
Germany...............
---------------
Total.............. $206,583,000
------------------------------------------------------------------------
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2404(a)(8)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $5,480,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(a)(6), the Secretary of Defense may carry
out energy conservation projects under section 2865 of title 10, United
States Code, in the amount of $34,531,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2002, for military
construction, land acquisition, and military family housing functions of
the Department of Defense (other than the military departments) in the
total amount of $1,434,795,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $357,712,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $206,583,000.
(3) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $16,293,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $45,532,000.
(6) For energy conservation projects authorized by section
2403, $34,531,000.
(7) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note), $565,138,000.
(8) For military family housing functions:
[[Page 116 STAT. 2697]]
(A) For improvement of military family housing and
facilities, $5,480,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $42,432,000.
(C) For credit to the Department of Defense Family
Housing Improvement Fund established by section
2883(a)(1) of title 10, United States Code, $2,000,000.
(9) For payment of a claim against the Hospital Replacement
project at Elmendorf Air Force Base, Alaska, $10,400,000.
(10) For the construction of phase 4 of an ammunition
demilitarization facility at Pueblo Chemical Activity, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law
104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839) and section
2407 of this Act, $38,000,000.
(11) For the construction of phase 5 of an ammunition
demilitarization facility at Newport Army Depot, Indiana,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public Law
105-261; 112 Stat. 2193), as amended by section 2406 of this
Act, $61,494,000.
(12) For the construction of phase 5 of an ammunition
demilitarization facility at Aberdeen Proving Ground, Maryland,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public Law
105-261; 112 Stat. 2193), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1299), $20,600,000.
(13) For the construction of phase 3 of an ammunition
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law
106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298) and section
2405 of this Act, $10,300,000.
(14) For the construction of phase 3 of an ammunition
demilitarization support facility at Blue Grass Army Depot,
Kentucky, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106-65; 113 Stat. 835), $8,300,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $26,200,000 (the balance of the amount authorized under
section 2401(a) for the construction of the Defense Threat
Reduction Center, Fort Belvoir, Virginia).
(c) Adjustments.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (14) of subsection (a)
[[Page 116 STAT. 2698]]
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by the following:
(1) $2,976,000, which represents savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and military
family housing support outside the United States.
(2) $37,000, which represents savings resulting from
adjustments in the accounting of civilian personnel benefits.
(3) $7,414,000, which represents savings resulting from
reductions in supervision, inspection, and overhead costs.
(4) $7,000,000, which represents savings resulting from
lower-than-expected inflation.
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2000 PROJECT.
(a) Modification.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (division B
of Public Law 107-107; 115 Stat. 1298), is further amended--
(1) under the agency heading relating to Chemical
Demilitarization, in the item relating to Blue Grass Army Depot,
Kentucky, by striking ``$254,030,000'' in the amount column and
inserting ``$290,325,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$748,245,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of the Military
Construction Authorization Act for Fiscal Year 2000 (113 Stat. 839), as
so amended, is further amended by striking ``$231,230,000'' and
inserting ``$267,525,000''.
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), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2002 (division B
of Public Law 107-107; 115 Stat. 1299), is further amended--
(1) under the agency heading relating to Chemical
Demilitarization, in the item relating to Newport Army Depot,
Indiana, by striking ``$191,550,000'' in the amount column and
inserting ``$293,853,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$829,919,000''.
(b) Conforming Amendment.--Section 2404(b)(2) of the Military
Construction Authorization Act for Fiscal Year 1999 (112 Stat. 2196) is
amended by striking ``$162,050,000'' and inserting ``$264,353,000''.
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
1997 PROJECT.
(a) Modification.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year
[[Page 116 STAT. 2699]]
2000 (division B of Public Law 106-65; 113 Stat. 839), is further
amended--
(1) under the agency heading relating to Chemical
Demilitarization Program, in the item relating to Pueblo
Chemical Activity, Colorado, by striking ``$203,500,000'' in the
amount column and inserting ``$261,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$607,454,000''.
(b) Conforming Amendment.--Section 2406(b)(2) of the Military
Construction Authorization Act for Fiscal Year 1997 (110 Stat. 2779), as
so amended, is further amended by striking ``$203,500,000'' and
inserting ``$261,000,000''.
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.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2002, for contributions by
the Secretary of Defense under section 2806 of title 10, United States
Code, for the share of the United States of the cost of projects for the
North Atlantic Treaty Organization Security Investment program
authorized by section 2501, in the amount of $168,200,000.
(b) Adjustment.--The total amount authorized to be appropriated
pursuant to subsection (a) is the amount specified in such subsection,
reduced by $1,000,000, which represents savings resulting from lower-
than-expected inflation.
TITLE XXVI--GUARD AND RESERVE FORCES 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, 2002, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions
[[Page 116 STAT. 2700]]
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, $237,236,000; and
(B) for the Army Reserve, $99,399,000.
(2) For the Department of the Navy, for the Naval and Marine
Corps Reserve, $75,801,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$204,215,000; and
(B) for the Air Force Reserve, $85,649,000.
(b) Adjustment.--The total amount authorized to be appropriated
pursuant to subsection (a)(1)(A) is the amount specified in such
subsection, reduced by $1,000,000, which represents savings resulting
from lower-than-expected inflation.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2000
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1999
projects.
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2005; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2006.
(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing
projects, and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have been
obligated before the later of--
(1) October 1, 2005; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2006 for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization Security
Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2000
PROJECTS.
(a) Extension of Certain Projects.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 841), authorizations set
forth in the tables in subsection (b), as provided in section
[[Page 116 STAT. 2701]]
2302 or 2601 of that Act, shall remain in effect until October 1, 2003,
or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2004, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Air Force: Extension of 2000 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Oklahoma.............................. Tinker Air Force Base.... Replace Family Housing (41 $6,000,000
Units)......................
Texas................................. Lackland Air Force Base.. Dormitory.................... $5,300,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Fort Pickett............. Multi-Purpose Range Complex- $13,500,000
Heavy.......................
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1999
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2199), authorizations set forth in the
table in subsection (b), as provided in section 2302 of that Act and
extended by section 2702 of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1301),
shall remain in effect until October 1, 2003, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2004, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Delaware.............................. Dover Air Force Base..... Replace Family Housing (55 $8,988,000
Units)......................
Florida............................... Patrick Air Force Base... Replace Family Housing (46 $9,692,000
Units)......................
New Mexico............................ Kirtland Air Force Base.. Replace Family Housing (37 $6,400,000
Units)......................
Ohio.................................. Wright-Patterson Air Replace Family Housing (40 $5,600,000
Force Base.............. Units)......................
----------------------------------------------------------------------------------------------------------------
[[Page 116 STAT. 2702]]
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Lease of military family housing in Korea.
Sec. 2802. Modification of alternative authority for acquisition and
improvement of military housing.
Sec. 2803. Pilot housing privatization authority for acquisition or
construction of military unaccompanied housing.
Sec. 2804. Repeal of source requirements for family housing construction
overseas.
Sec. 2805. Availability of energy cost savings realized at military
installations.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Agreements to limit encroachments and other constraints on
military training, testing, and operations.
Sec. 2812. Conveyance of surplus real property for natural resource
conservation purposes.
Sec. 2813. Modification of demonstration program on reduction in long-
term facility maintenance costs.
Sec. 2814. Expanded authority to transfer property at military
installations to be closed to persons who construct or
provide military family housing.
Subtitle C--Land Conveyances
Part I--Army Conveyances
Sec. 2821. Transfer of jurisdiction, Fort McClellan, Alabama, to
establish Mountain Longleaf National Wildlife Refuge.
Sec. 2822. Land conveyances, lands in Alaska no longer required for
National Guard purposes.
Sec. 2823. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2824. Land conveyances, Bluegrass Army Depot, Richmond, Kentucky.
Sec. 2825. Land conveyance, Fort Campbell, Kentucky.
Sec. 2826. Land conveyance, Army Reserve Training Center, Buffalo,
Minnesota.
Sec. 2827. Land conveyance, Fort Monmouth, New Jersey.
Sec. 2828. Land conveyance, Fort Bliss, Texas.
Sec. 2829. Land conveyance, Fort Hood, Texas.
Sec. 2830. Land conveyances, Engineer Proving Ground, Fort Belvoir,
Virginia.
Part II--Navy Conveyances
Sec. 2831. Land conveyance, Marine Corps Air Station, Miramar, San
Diego, California.
Sec. 2832. Modification of authority for land transfer and conveyance,
Naval Security Group Activity, Winter Harbor, Maine.
Sec. 2833. Land conveyance, Westover Air Reserve Base, Massachusetts.
Sec. 2834. Land conveyance, Naval Station, Newport, Rhode Island.
Sec. 2835. Land exchange and boundary adjustments, Marine Corps Base,
Quantico, and Prince William Forest Park, Virginia.
Part III--Air Force Conveyances
Sec. 2841. Modification of land conveyance, Los Angeles Air Force Base,
California.
Sec. 2842. Land exchange, Buckley Air Force Base, Colorado.
Sec. 2843. Land conveyances, Wendover Air Force Base Auxiliary Field,
Nevada.
Subtitle D--Other Matters
Sec. 2851. Master plan for use of Navy Annex, Arlington, Virginia.
Sec. 2852. Sale of excess treated water and wastewater treatment
capacity, Marine Corps Base, Camp Lejeune, North Carolina.
Sec. 2853. Conveyance of real property, Adak Naval Complex, Alaska, and
related land conveyances.
Sec. 2854. Special requirement for adding military installation to
closure list.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. LEASE OF MILITARY FAMILY HOUSING IN KOREA.
(a) Increase in Number of Units Authorized for Lease at Current
Maximum Amount.--Paragraph (3) of section 2828(e)
[[Page 116 STAT. 2703]]
of title 10, United States Code, is amended by striking ``800 units''
and inserting ``1,175 units''.
(b) Authority To Lease Additional Number of Units at Increased
Maximum Amount.--That section is further amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) In addition to the units of family housing referred to in
paragraph (1) for which the maximum lease amount is $25,000 per unit per
year, the Secretary of the Army may lease not more than 2,400 units of
family housing in Korea subject to a maximum lease amount of $35,000 per
unit per year.'';
(3) in paragraph (5), as so redesignated, by striking ``and
(3)'' and inserting ``(3), and (4)''; and
(4) in paragraph (6), as so redesignated, by striking
``53,000'' and inserting ``55,775''.
SEC. 2802. MODIFICATION OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) Authorized Utilities and Services.--Section 2872a(b) of title
10, United States Code, is amended by adding at the end the following
new paragraphs:
``(11) Firefighting and fire protection services.
``(12) Police protection services.''.
(b) Leasing of Housing.--(1) Section 2874 of such title is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by striking subsection (a) and inserting the following
new subsections:
``(a) Lease Authorized.--The Secretary concerned may enter into
contracts for the lease of housing units that the Secretary determines
are suitable for use as military family housing or military
unaccompanied housing.
``(b) Use of Leased Units.--The Secretary concerned shall utilize
housing units leased under this section as military family housing or
military unaccompanied housing, as appropriate.''.
(2) The heading for such section is amended to read as follows:
``Sec. 2874. Leasing of housing''.
(3) The table of sections at the beginning of subchapter IV of
chapter 169 of such title is amended by striking the item relating to
section 2874 and inserting the following new item:
``2874. Leasing of housing.''.
(c) Repeal of Interim Lease Authority.--(1) Section 2879 of such
title is repealed.
(2) The table of sections at the beginning of subchapter IV of
chapter 169 of such title is amended by striking the item relating to
section 2879.
SEC. 2803. PILOT HOUSING PRIVATIZATION AUTHORITY FOR ACQUISITION OR
CONSTRUCTION OF MILITARY UNACCOMPANIED HOUSING.
(a) In General.--(1) Subchapter IV of chapter 169 of title 10,
United States Code, is amended by inserting after section 2881 the
following new section:
[[Page 116 STAT. 2704]]
``Sec. 2881a. Pilot projects for acquisition or construction of military
unaccompanied housing
``(a) Pilot Projects Authorized.--The Secretary of the Navy may
carry out not more than three pilot projects under the authority of this
section or another provision of this subchapter to use the private
sector for the acquisition or construction of military unaccompanied
housing in the United States, including any territory or possession of
the United States.
``(b) Treatment of Housing; Assignment of Members.--The Secretary of
the Navy may assign members of the armed forces without dependents to
housing units acquired or constructed under the pilot projects, and such
housing units shall be considered as quarters of the United States or a
housing facility under the jurisdiction of the Secretary for purposes of
section 403 of title 37.
``(c) Basic Allowance for Housing.--(1) The Secretary of Defense may
prescribe and, under section 403(n) of title 37, pay for members of the
armed forces without dependents in privatized housing acquired or
constructed under the pilot projects higher rates of partial basic
allowance for housing than the rates authorized under paragraph (2) of
such section.
``(2) The partial basic allowance for housing paid for a member at a
higher rate under this subsection may be paid directly to the private
sector source of the housing to whom the member is obligated to pay rent
or other charge for residing in such housing if the private sector
source credits the amount so paid against the amount owed by the member
for the rent or other charge.
``(d) Funding.--(1) The Secretary of the Navy shall use the
Department of Defense Military Unaccompanied Housing Improvement Fund to
carry out activities under the pilot projects.
``(2) Subject to 90 days prior notification to the appropriate
committees of Congress, such additional amounts as the Secretary of
Defense considers necessary may be transferred to the Department of
Defense Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing in
military construction accounts. The amounts so transferred shall be
merged with and be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund.
``(e) Reports.--(1) The Secretary of the Navy shall transmit to the
appropriate committees of Congress a report describing--
``(A) each contract for the acquisition of military
unaccompanied housing that the Secretary proposes to solicit
under the pilot projects;
``(B) each conveyance or lease proposed under section 2878
of this title in furtherance of the pilot projects; and
``(C) the proposed partial basic allowance for housing rates
for each contract as they vary by grade of the member and how
they compare to basic allowance for housing rates for other
contracts written under the authority of the pilot programs.
``(2) The report shall describe the proposed contract, conveyance,
or lease and the intended method of participation of the United States
in the contract, conveyance, or lease and provide a justification of
such method of participation. <<NOTE: Deadline.>> The report shall be
submitted not later than 90 days before the date on which the Secretary
issues the contract solicitation or offers the conveyance or lease.
[[Page 116 STAT. 2705]]
``(f) Expiration.--Notwithstanding section 2885 of this title, the
authority of the Secretary of the Navy to enter into a contract under
the pilot programs shall expire September 30, 2007.''.
(2) The table of sections at the beginning of such subchapter is
amended by inserting after the item relating to section 2881 the
following new item:
``2881a. Pilot projects for acquisition or construction of military
unaccompanied housing.''.
(b) Conforming Amendment.--Section 2871(7) of title 10, United
States Code, is amended by inserting before the period at the end the
following: ``and transient housing intended to be occupied by members of
the armed forces on temporary duty''.
SEC. 2804. REPEAL OF SOURCE REQUIREMENTS FOR FAMILY HOUSING CONSTRUCTION
OVERSEAS.
Section 803 of the Military Construction Authorization Act, 1984
(Public Law 98-115; 10 U.S.C. 2821 note) is repealed.
SEC. 2805. AVAILABILITY OF ENERGY COST SAVINGS REALIZED AT MILITARY
INSTALLATIONS.
Section 2865(b) of title 10, United States Code, is amended by
striking ``through the end of the fiscal year following the fiscal year
for which the funds were appropriated'' and inserting ``until
expended''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON
MILITARY TRAINING, TESTING, AND OPERATIONS.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by inserting after section 2684 the following new section:
``Sec. 2684a. Agreements to limit encroachments and other constraints on
military training, testing, and operations
``(a) Agreements Authorized.--The Secretary of Defense or the
Secretary of a military department may enter into an agreement with an
eligible entity described in subsection (b) to address the use or
development of real property in the vicinity of a military installation
for purposes of--
``(1) limiting any development or use of the property that
would be incompatible with the mission of the installation; or
``(2) preserving habitat on the property in a manner that--
``(A) is compatible with environmental requirements;
and
``(B) may eliminate or relieve current or
anticipated environmental restrictions that would or
might otherwise restrict, impede, or otherwise
interfere, whether directly or indirectly, with current
or anticipated military training, testing, or operations
on the installation.
``(b) Eligible Entities.--An agreement under this section may be
entered into with any of the following:
[[Page 116 STAT. 2706]]
``(1) A State or political subdivision of a State.
``(2) A private entity that has as its stated principal
organizational purpose or goal the conservation, restoration, or
preservation of land and natural resources, or a similar purpose
or goal, as determined by the Secretary concerned.
``(c) Inapplicability of Certain Contract Requirements.--Chapter 63
of title 31 shall not apply to any agreement entered into under this
section.
``(d) Acquisition and Acceptance of Property and Interests.--(1) An
agreement with an eligible entity under this section may provide for--
``(A) the acquisition by the entity of all right, title, and
interest in and to any real property, or any lesser interest in
the property, as may be appropriate for purposes of this
section; and
``(B) the sharing by the United States and the entity of the
acquisition costs.
``(2) Property or interests may not be acquired pursuant to the
agreement unless the owner of the property or interests consents to the
acquisition.
``(3) The agreement shall require the entity to transfer to the
United States, upon the request of the Secretary concerned, all or a
portion of the property or interest acquired under the agreement or a
lesser interest therein. The Secretary shall limit such transfer request
to the minimum property or interests necessary to ensure that the
property concerned is developed and used in a manner appropriate for
purposes of this section.
``(4) The Secretary concerned may accept on behalf of the United
States any property or interest to be transferred to the United States
under the agreement.
``(5) For purposes of the acceptance of property or interests under
the agreement, the Secretary concerned may accept an appraisal or title
documents prepared or adopted by a non-Federal entity as satisfying the
applicable requirements of section 301 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4651) or section 3111 of title 40, if the Secretary concerned finds that
the appraisal or title documents substantially comply with the
requirements.
``(e) Acquisition of Water Rights.--The authority of the Secretary
concerned to enter into an agreement under this section for the
acquisition of real property (or an interest therein) includes the
authority to support the purchase of water rights from any available
source when necessary to support or protect the mission of a military
installation.
``(f) Additional Terms and Conditions.--The Secretary concerned may
require such additional terms and conditions in an agreement under this
section as the Secretary considers appropriate to protect the interests
of the United States.
``(g) Funding.--(1) Except as provided in paragraph (2), funds
authorized to be appropriated for operation and maintenance of the Army,
Navy, Marine Corps, Air Force, or Defense-wide activities may be used to
enter into agreements under this section.
``(2) In the case of a military installation operated primarily with
funds authorized to be appropriated for research, development, test, and
evaluation, funds authorized to be appropriated for the Army, Navy,
Marine Corps, Air Force, or Defense-wide activities for research,
development, test, and evaluation may be used to
[[Page 116 STAT. 2707]]
enter into agreements under this section with respect to the
installation.
``(h) Definitions.--In this section:
``(1) The term `Secretary concerned' means the Secretary of
Defense or the Secretary of a military department.
``(2) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Marianas, and the territories and possessions of the
United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2684 the following new item:
``2684a. Agreements to limit encroachments and other constraints on
military training, testing, and operations.''.
SEC. 2812. CONVEYANCE OF SURPLUS REAL PROPERTY FOR NATURAL RESOURCE
CONSERVATION PURPOSES.
(a) Conveyance Authority.--(1) Chapter 159 of title 10, United
States Code, is amended by inserting after section 2694 the following
new section:
``Sec. 2694a. Conveyance of surplus real property for natural resource
conservation
``(a) Authority to Convey.--The Secretary of a military department
may convey to an eligible entity described in subsection (b) any surplus
real property that--
``(1) is under the administrative control of the Secretary;
``(2) is suitable and desirable for conservation purposes;
``(3) has been made available for public benefit transfer
for a sufficient period of time to potential claimants; and
``(4) is not subject to a pending request for transfer to
another Federal agency or for conveyance to any other qualified
recipient for public benefit transfer under the real property
disposal processes and authorities under subtitle I of title 40.
``(b) Eligible Entities.--The conveyance of surplus real property
under this section may be made to any of the following:
``(1) A State or political subdivision of a State.
``(2) A nonprofit organization that exists for the primary
purpose of conservation of natural resources on real property.
``(c) Revisionary Interest and Other Deed Requirements.--(1) The
deed of conveyance of any surplus real property conveyed under this
section shall require the property to be used and maintained for the
conservation of natural resources in perpetuity. If the Secretary
concerned determines at any time that the property is not being used or
maintained for such purpose, then, at the option of the Secretary, all
or any portion of the property shall revert to the United States.
``(2) The deed of conveyance may permit the recipient of the
property--
``(A) to convey the property to another eligible entity,
subject to the approval of the Secretary concerned and subject
to the same covenants and terms and conditions as provided in
the deed from the United States; and
``(B) to conduct incidental revenue-producing activities on
the property that are compatible with the use of the property
for conservation purposes.
[[Page 116 STAT. 2708]]
``(3) The deed of conveyance may contain such additional terms,
reservations, restrictions, and conditions as the Secretary concerned
considers appropriate to protect the interests of the United States.
``(d) Release of Covenants.--With the concurrence of the Secretary
of Interior, the Secretary concerned may grant a release from a covenant
included in the deed of conveyance of real property conveyed under this
section, subject to the condition that the recipient of the property pay
the fair market value, as determined by the Secretary concerned, of the
property at the time of the release of the covenant. The Secretary
concerned may reduce the amount required to be paid under this
subsection to account for the value of the natural resource conservation
benefit that has accrued to the United States during the period the
covenant was in effect, if the benefit was not taken into account in
determining the original consideration for the conveyance.
``(e) Congressional Notification.--The Secretary concerned may not
approve of the reconveyance of real property under subsection (c) or
grant the release of a covenant under subsection (d) until the Secretary
notifies the appropriate committees of Congress of the proposed
reconveyance or release and a period of 21 days elapses from the date
the notification is received by the committees.
``(f) Limitations.--The conveyance of real property under this
section shall not be used as a condition of allowing any defense
activity under any Federal, State, or local permitting or review
process. The Secretary concerned may make the conveyance, with the
restrictions specified in subsection (c), to establish a mitigation
bank, but only if the establishment of the mitigation bank does not
occur in order to satisfy any condition for permitting military activity
under a Federal, State, or local permitting or review process.
``(g) Consideration.--In fixing the consideration for the conveyance
of real property under this section, or in determining the amount of any
reduction of the amount to be paid for the release of a covenant under
subsection (d), the Secretary concerned shall take into consideration
any benefit that has accrued or may accrue to the United States from the
use of such property for the conservation of natural resources.
``(h) Relation to Other Conveyance Authorities.--(1) The Secretary
concerned may not make a conveyance under this section of any real
property to be disposed of under a base closure law in a manner that is
inconsistent with the requirements and conditions of the base closure
law.
``(2) In the case of real property on Guam, the Secretary concerned
may not make a conveyance under this section unless the Government of
Guam has been first afforded the opportunity to acquire the real
property as authorized by section 1 of Public Law 106-504 (114 Stat.
2309).
``(i) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' has the
meaning given such term in section 2801 of this title.
``(2) The term `base closure law' means the following:
``(A) Section 2687 of this title.
``(B) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act of 1988
(10 U.S.C. 2687 note).
[[Page 116 STAT. 2709]]
``(C) The Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
``(D) Any other similar authority for the closure or
realignment of military installations that is enacted
after the date of the enactment of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003.
``(3) The term `Secretary concerned' means the Secretary of
a military department.
``(4) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Marianas, and the territories and possessions of the
United States.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2694 the
following new item:
``2694a. Conveyance of surplus real property for natural resource
conservation.''.
(b) Acceptance of Funds to Cover Administrative Expenses.--Section
2695(b) of such title is amended by adding at the end the following new
paragraph:
``(5) The conveyance of real property under section 2694a of
this title.''.
(c) Agreements With Nonprofit Natural Resource Conservation
Organizations.--Section 2701(d) of such title is amended--
(1) in the subsection heading, by striking ``Agencies'' and
inserting ``Entities'';
(2) in paragraph (1)--
(A) by striking ``with any State or local government
agency, or with any Indian tribe,'' and inserting ``any
State or local government agency, any Indian tribe, or
any nonprofit conservation organization''; and
(B) by striking ``the agency'' and inserting ``the
agency, Indian tribe, or organization''; and
(3) by striking paragraph (4), as redesignated by section
311(2) of this Act, and inserting the following new paragraph:
``(4) Definitions.--In this subsection:
``(A) The term `Indian tribe' has the meaning given
such term in section 101(36) of CERCLA (42 U.S.C.
9601(36)).
``(B) The term `nonprofit conservation organization'
means any non-governmental nonprofit organization whose
primary purpose is conservation of open space or natural
resources.''.
SEC. 2813. MODIFICATION OF DEMONSTRATION PROGRAM ON REDUCTION IN LONG-
TERM FACILITY MAINTENANCE COSTS.
(a) Administrator of Program.--Subsection (a) of section 2814 of the
Military Construction Authorization Act for Fiscal Year 2002 (division B
of Public Law 107-107; 115 Stat. 1310; 10 U.S.C. 2809 note) is amended
by striking ``Secretary of the Army'' and inserting ``Secretary of
Defense or the Secretary of a military department''.
(b) Contracts.--Subsection (b) of such section is amended to read as
follows:
[[Page 116 STAT. 2710]]
``(b) Contracts.--(1) Not more than 12 contracts per military
department may contain requirements referred to in subsection (a) for
the purpose of the demonstration program.
``(2) The demonstration program may only cover contracts entered
into on or after the date of the enactment of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, except that the
Secretary of the Army shall treat any contract containing requirements
referred to in subsection (a) that was entered into under the authority
in such subsection between that date and December 28, 2001, as a
contract for the purpose of the demonstration program.''.
(c) Reporting Requirements.--Subsection (d) of such section is
amended by striking ``Secretary of the Army'' and inserting ``Secretary
of Defense''.
(d) Funding.--(1) Subsection (f) of such section is amended by
striking ``the Army'' and inserting ``the military departments or
defense-wide''.
(2) <<NOTE: 10 USC 2809 note.>> The amendment made by paragraph (1)
shall not affect the availability for the purpose of the demonstration
program under section 2814 of the Military Construction Authorization
Act for Fiscal Year 2002, as amended by this section, of any amounts
authorized to be appropriated before the date of the enactment of this
Act for the Army for military construction that have been obligated for
the demonstration program, but not expended, as of that date.
SEC. 2814. EXPANDED AUTHORITY TO TRANSFER PROPERTY AT MILITARY
INSTALLATIONS TO BE CLOSED TO PERSONS WHO CONSTRUCT OR
PROVIDE MILITARY FAMILY HOUSING.
(a) 1988 Law.--Section 204(e)(1) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note) is amended by striking the last sentence.
(b) 1990 Law.--Section 2905(f)(1) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) is amended by striking the last sentence.
Subtitle C--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2821. <<NOTE: 16 USC 668dd note.>> TRANSFER OF JURISDICTION, FORT
MCCLELLAN, ALABAMA, TO ESTABLISH MOUNTAIN LONGLEAF NATIONAL
WILDLIFE REFUGE.
(a) Transfer <<NOTE: Deadline.>> Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of the Army
shall transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of the Interior a parcel of real property
at Fort McClellan, Alabama, consisting of approximately 7,600 acres,
which is described as the ``acquisition area'' in a memorandum of
agreement between the Secretaries numbered 1448-40181-00-K-014.
(b) Establishment and Management of Refuge.--(1) The Secretary of
the Interior shall establish on the real property transferred under
subsection (a) the Mountain Longleaf National Wildlife
[[Page 116 STAT. 2711]]
Refuge to enhance, manage, and protect the unique mountain longleaf pine
ecosystem on the property.
(2) The Secretary of Interior shall manage the Mountain Longleaf
National Wildlife Refuge in a manner that--
(A) conserves and enhances populations of fish, wildlife,
and plants in the Refuge, including migratory birds and species
that are threatened or endangered, with particular emphasis on
the protection of the mountain longleaf pine plant ecosystem;
(B) protects and enhances the quality of aquatic habitat in
the Refuge;
(C) provides, in coordination with the Alabama Department of
Conservation and Natural Resources, the public with recreational
opportunities, including hunting, fishing, wildlife observation,
and photography;
(D) provides opportunities for scientific research and
education on land use and environmental law; and
(E) is consistent with environmental restoration efforts
conducted by the Secretary of the Army on the Refuge or on lands
adjacent to the Refuge.
(c) Environmental Restoration.--(1) The Secretary of the Army shall
continue to be responsible for unexploded ordnance, discarded military
munitions, and munitions constituents on the real property transferred
under subsection (a) and shall continue to follow a remediation process
in accordance with the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(2) The Secretary of the Army shall appropriately factor the
management directives for the Mountain Longleaf National Wildlife
Refuge, as described in subsection (b), into the remedy selection
process for the property transferred under subsection (a).
(d) Relation to Other Environmental Laws.--Nothing in this section
shall relieve, and no action taken under this section 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, the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.),
or any other Federal or State law.
(e) Assistance.--The Secretary of the Army may provide up to
$500,000 from the funds in the Base Realignment and Closure Account 1990
to the Secretary of Interior to facilitate the establishment of the
Mountain Longleaf National Wildlife Refuge and to support environmental
research at the Refuge during the first two years of the operation of
the Refuge.
SEC. 2822. LAND CONVEYANCES, LANDS IN ALASKA NO LONGER REQUIRED FOR
NATIONAL GUARD PURPOSES.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
an eligible entity described in subsection (b) all right, title, and
interest of the United States in and to any parcel of real property,
including any improvements thereon, in the State of Alaska described in
subsection (c) if the Secretary determines the conveyance would be in
the public interest.
(b) Eligible Recipients.--The following entities shall be eligible
to receive real property under subsection (a):
(1) The State of Alaska.
(2) A governmental entity in the State of Alaska.
[[Page 116 STAT. 2712]]
(3) A Native Corporation (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
(4) The Metlakatla Indian Community.
(c) Covered Property.--Subsection (a) applies to real property
located in the State of Alaska that--
(1) is under the jurisdiction of the Department of the Army
and, before December 2, 1980, was under such jurisdiction for
the use of the Alaska National Guard;
(2) is located in a unit of the National Wildlife Refuge
System designated in the Alaska National Interest Lands
Conservation Act (Public Law 96-487; 16 U.S.C. 668dd note);
(3) is excess to the needs of the Alaska National Guard and
the Department of Defense; and
(4) the Secretary determines that--
(A) the anticipated cost to the United States of
retaining the property exceeds the value of such
property; or
(B) the condition of the property makes it
unsuitable for retention by the United States.
(d) Consideration.--The conveyance of real property under this
section shall, at the election of the Secretary, be for no consideration
or for consideration in an amount determined by the Secretary to be
appropriate under the circumstances.
(e) Use of Consideration.--If consideration is received for the
conveyance of real property under subsection (a), the Secretary may use
the amounts received, in such amounts as are provided in appropriations
Acts, to pay for--
(1) the cost of a survey described in subsection (f) with
respect to the property;
(2) the cost of carrying out any environmental assessment,
study, or analysis, and any remediation, that may be required
under Federal law, or is considered appropriate by the
Secretary, in connection with the property or the conveyance of
the property; and
(3) any other costs incurred by the Secretary in conveying
the property.
(f) Description of Property.--The exact acreage and legal
description of any real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(g) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with a conveyance of real
property under this section as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2823. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNITION PLANT, KANSAS.
(a) Conveyance Authorized.--The Administrator of General Services
may convey to the Johnson County Park and Recreation District, Kansas
(in this section referred to as the ``District''), all right, title, and
interest of the United States in and to a parcel of real property,
including any improvements thereon, at the Sunflower Army Ammunition
Plant in the State of Kansas consisting of approximately 2,000 acres.
(b) Basis of Conveyance.--The conveyance under this section shall be
made in a manner consistent with section 550(e) of title 40, United
States Code, for the purpose of permitting the District to use the
conveyed property for public recreational purposes.
[[Page 116 STAT. 2713]]
(c) Description of Property.--The exact acreage, location, and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Administrator. The
cost of such legal description, survey, or both shall be borne by the
District.
(d) 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.
(e) Application of Section.--If the Administrator and the District
reach an agreement regarding the conveyance of the property described in
subsection (a) before January 31, 2003, the authority provided by this
section shall not take effect.
SEC. 2824. LAND CONVEYANCES, BLUEGRASS ARMY DEPOT, RICHMOND, KENTUCKY.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to Madison County, Kentucky (in this section
referred to as the ``County''), all right, title, and interest of the
United States in and to the following parcels of real property,
including any improvements thereon, at the Bluegrass Army Depot,
Richmond, Kentucky:
(1) A parcel consisting of approximately 10 acres.
(2) A parcel consisting of approximately 3 acres, including
the building known as Quarters 29.
(b) Conditions of Conveyance.--(1) The Secretary may not convey the
parcel of real property referred to in subsection (a)(1) unless the
County agrees to use the property to facilitate the construction of a
veterans' center on the property by the State of Kentucky and the
Secretary determines that the State has appropriated adequate funds for
the construction of the veterans' center.
(2) The Secretary may not convey the parcel of real property
referred to in subsection (a)(2) unless the County agrees to utilize the
property for historical preservation and education purposes.
(c) Reversionary Interest.--(1) At the end of the seven-year period
beginning on the date on which the Secretary makes the conveyance of the
parcel of real property referred to in subsection (a)(1), if the
Secretary determines that a veterans' center is not in operation on the
conveyed real property, then, at the option of the Secretary, all right,
title, and interest in and to the property, including any improvements
thereon, shall revert to the United States, and the United States shall
have the right of immediate entry onto the property.
(2) If the Secretary determines at any time that the parcel of real
property referred to in subsection (a)(2) has ceased to be utilized for
the purposes specified in subsection (b)(2), then, at the option of the
Secretary, all right, title, and interest in and to the property shall
revert to the United States, and the United States shall have the right
of immediate entry onto the property.
(3) Any determination of the Secretary under this subsection shall
be made on the record after an opportunity for a hearing.
(d) Reimbursement for Costs of Conveyance.--(1) The Secretary may
require the County to reimburse the Secretary for the costs incurred by
the Secretary to carry out the conveyances under subsection (a),
including survey costs, costs related to environmental documentation
(other than the environmental baseline survey), and other administrative
costs related to the conveyance.
[[Page 116 STAT. 2714]]
(2) The Secretary shall require the County to reimburse the
Secretary for any 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 conveyances, if
the excess costs were incurred as a result of a request by the County.
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 conveyances.
(3) Any reimbursement received under this subsection shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyances. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(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 County.
(f) 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. 2825. LAND CONVEYANCE, FORT CAMPBELL, KENTUCKY.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the City of Hopkinsville, Kentucky (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property at Fort Campbell,
Kentucky, consisting of approximately 50 acres and containing an
abandoned railroad spur for the purpose of permitting the City to use
the property for storm water management, recreation, transportation, and
other public purposes.
(b) Reimbursement for Costs of Conveyance.--(1) The Secretary may
require the City to reimburse the Secretary for the costs incurred by
the Secretary to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental documentation
(other than the environmental baseline survey), and other administrative
costs related to the conveyance.
(2) The Secretary shall require the City to reimburse the Secretary
for any 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, if the excess costs
were incurred as a result of a request by the City. 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.
(3) Any reimbursement received under this subsection shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
[[Page 116 STAT. 2715]]
(c) Description of Property.--The acreage of the real property to be
conveyed under subsection (a) has been determined by the Secretary
through a legal description outlining such acreage. No further survey of
the property is required before the conveyance is made.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2826. LAND CONVEYANCE, ARMY RESERVE TRAINING CENTER, BUFFALO,
MINNESOTA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Buffalo Independent School District 877 of
Buffalo, Minnesota (in this section referred to as the ``School
District''), all right, title, and interest of the United States in and
to a parcel of real property, including improvements thereon, that is
located at 800 8th Street, N.E., in Buffalo, Minnesota, and contains a
former Army Reserve Training Center, which is being used by the School
District as the site of the Phoenix Learning Center.
(b) Reimbursement for Costs of Conveyance.--(1) The Secretary may
require the School District to reimburse the Secretary for the costs
incurred by the Secretary to carry out the conveyance under subsection
(a), including survey costs, costs related to environmental
documentation (other than the environmental baseline survey), and other
administrative costs related to the conveyance.
(2) The Secretary shall require the School District to reimburse the
Secretary for any 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, if
the excess costs were incurred as a result of a request by the School
District. 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.
(3) Any reimbursement received under this subsection shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the School District.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2827. LAND CONVEYANCE, FORT MONMOUTH, NEW JERSEY.
(a) Conveyance Authorized.--The Secretary of the Army may convey by
sale all right, title, and interest of the United States in and to a
parcel of real property, consisting of approximately 63.95 acres of
military family housing known as Howard Commons, that comprises a
portion of Fort Monmouth, New Jersey.
[[Page 116 STAT. 2716]]
(b) Competitive Bid Requirement.--The Secretary shall use
competitive procedures for the sale authorized by subsection (a).
(c) Consideration.--(1) As consideration for the conveyance
authorized by subsection (a), the recipient shall provide the United
States, whether by cash payment, in-kind contribution, or a combination
thereof, an amount that is not less than the fair market value, as
determined by the Secretary, of the property conveyed under such
subsection.
(2) In-kind consideration under paragraph (1) may include the
construction of replacement military family housing or the
rehabilitation of existing military family housing at Fort Monmouth, New
Jersey, as agreed upon by the Secretary.
(3) If the value of in-kind consideration to be provided under this
subsection exceeds $1,500,000, the Secretary may not accept such
consideration until after the end of the 21-day period beginning on the
date the Secretary notifies the congressional defense committees of the
decision of the Secretary to accept in-kind consideration in excess of
that amount.
(4) Any proceeds received by the Secretary under this subsection and
not used to construct or rehabilitate such military family housing shall
be deposited in the special account in the Treasury established pursuant
to section 572(b) of title 40, United States Code.
(d) Effect of Transfer of Administrative Jurisdiction.--If the real
property authorized to be conveyed by this section is transferred to the
administrative jurisdiction of the Administrator of General Services,
the Administrator, rather than the Secretary, shall have the authority
to convey such property under this section.
(e) Description of Parcel.--The exact acreage and legal description
of the parcel to be conveyed under subsection (a) shall be determined by
a survey that is satisfactory to the Secretary. The cost of the survey
shall be borne by the recipient of the parcel.
(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. 2828. LAND CONVEYANCE, FORT BLISS, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the County of El Paso, Texas (in this section
referred to as the ``County''), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 44 acres at Fort
Bliss, Texas, for the purpose of facilitating the construction by the
State of Texas of a nursing home for veterans of the Armed Forces.
(b) Reversionary Interest.--(1) At the end of the seven-year period
beginning on the date on which the Secretary makes the conveyance under
subsection (a), if the Secretary determines that a nursing home for
veterans is not in operation on the conveyed real property, then, at the
option of the Secretary--
(A) all right, title, and interest in and to the property,
including any improvements thereon, shall revert to the United
States; and
(B) the United States shall have the right of immediate
entry onto the property.
[[Page 116 STAT. 2717]]
(2) Any determination of the Secretary under this subsection shall
be made on the record after an opportunity for a hearing.
(c) Reimbursement for Costs of Conveyance.--(1) The Secretary may
require the County to reimburse the Secretary for the costs incurred by
the Secretary to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental documentation
(other than the environmental baseline survey), and other administrative
costs related to the conveyance.
(2) The Secretary shall require the County to reimburse the
Secretary for any 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, if
the excess costs were incurred as a result of a request by the County.
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.
(3) Any reimbursement received under this subsection shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the County.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2829. LAND CONVEYANCE, FORT HOOD, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Veterans Land Board of the State of Texas
(in this section referred to as the ``Board'') all right, title, and
interest of the United States in and to a parcel of real property,
including any improvements thereon, consisting of approximately 174
acres at Fort Hood, Texas, for the purpose of permitting the Board to
establish a State-run cemetery for veterans of the Armed Forces.
(b) Reversionary Interest.--(1) At the end of the seven-year period
beginning on the date on which the Secretary makes the conveyance under
subsection (a), if the Secretary determines that a cemetery for veterans
is not in operation on the conveyed real property, then, at the option
of the Secretary--
(A) all right, title, and interest in and to the property,
including any improvements thereon, shall revert to the United
States; and
(B) the United States shall have the right of immediate
entry onto the property.
(2) Any determination of the Secretary under this subsection shall
be made on the record after an opportunity for a hearing.
(c) Reimbursement for Costs of Conveyance.--(1) The Secretary may
require the Board to reimburse the Secretary for the costs incurred by
the Secretary to carry out the conveyance under
[[Page 116 STAT. 2718]]
subsection (a), including survey costs, costs related to environmental
documentation (other than the environmental baseline survey), and other
administrative costs related to the conveyance.
(2) The Secretary shall require the Board to reimburse the Secretary
for any 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, if the excess costs
were incurred as a result of a request by the Board. 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.
(3) Any reimbursement received under this subsection shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(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 Board.
(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. 2830. LAND CONVEYANCES, ENGINEER PROVING GROUND, FORT BELVOIR,
VIRGINIA.
(a) Conveyance to Fairfax County, Virginia, Authorized.--(1) The
Secretary of the Army may convey, without consideration, to Fairfax
County, Virginia, all right, title, and interest of the United States in
and to a parcel of real property, including any improvements thereon,
consisting of approximately 135 acres, located in the northwest portion
of the Engineer Proving Ground at Fort Belvoir, Virginia, in order to
permit the County to use such property for park and recreational
purposes.
(2) The parcel of real property authorized to be conveyed by
paragraph (1) is generally described as that portion of the Engineer
Proving Ground located west of Accotink Creek, east of the Fairfax
County Parkway, and north of Cissna Road to the northern boundary, but
excludes a parcel of land consisting of approximately 15 acres located
in the southeast corner of such portion of the Engineer Proving Ground.
(3) The land excluded under paragraph (2) from the parcel of real
property authorized to be conveyed by paragraph (1) shall be reserved
for an access road to be constructed in the future.
(b) Conveyance of Balance of Property Authorized.--The Secretary may
convey to any competitively selected grantee all right, title, and
interest of the United States in and to the real property, including any
improvements thereon, at the Engineering Proving Ground not conveyed
under the authority in subsection (a).
(c) Consideration.--(1) As consideration for the conveyance
authorized by subsection (b), the grantee shall provide the United
[[Page 116 STAT. 2719]]
States, whether by cash payment, in-kind contribution, or a combination
thereof, an amount that is not less than the fair market value, as
determined by the Secretary, of the property conveyed under such
subsection.
(2) In-kind consideration under paragraph (1) may include the
maintenance, improvement, alteration, repair, remodeling, restoration
(including environmental restoration), or construction of facilities for
the Department of the Army at Fort Belvoir or at any other site or sites
designated by the Secretary.
(3) If in-kind consideration under paragraph (1) includes the
construction of facilities, the grantee shall also convey to the United
States--
(A) title to such facilities, free of all liens and other
encumbrances; and
(B) if the United States does not have fee simple title to
the land underlying such facilities, convey to the United States
all right, title, and interest in and to such lands not held by
the United States.
(4) If the value of in-kind consideration to be provided under
paragraph (1) exceeds $1,500,000, the Secretary may not accept such
consideration until after the end of the 21-day period beginning on the
date the Secretary notifies the congressional defense committees of the
decision of the Secretary to accept in-kind consideration in excess of
that amount.
(5) The Secretary shall deposit any cash received as consideration
under this subsection in the special account established pursuant to
section 572(b) of title 40, United States Code.
(d) Effect of Transfer of Administrative Jurisdiction.--If all or a
portion of the real property authorized to be conveyed by this section
is transferred to the administrative jurisdiction of the Administrator
of General Services, the Administrator, rather than the Secretary of the
Army, shall have the authority to convey such property under this
section.
(e) Repeal of Superseded Authority.--Section 2821 of the Military
Construction Authorization Act for Fiscal Years 1990 and 1991 (division
B of Public Law 101-189; 103 Stat. 1658), as amended by section 2854 of
the Military Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104-106; 110 Stat. 568), is repealed.
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsections (a)
and (b) shall be determined by surveys satisfactory to the Secretary.
The cost of each such survey shall be borne by the grantee.
(g) 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.
PART II--NAVY CONVEYANCES
SEC. 2831. LAND CONVEYANCE, MARINE CORPS AIR STATION, MIRAMAR, SAN
DIEGO, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the ENPEX Corporation, Incorporated (in this section referred to as the
``Corporation''), all right, title, and interest of the United States in
and to a parcel of real property, including
[[Page 116 STAT. 2720]]
any improvements thereon, at Marine Corps Air Station, Miramar, San
Diego, California, consisting of approximately 60 acres and appurtenant
easements and any other necessary interests in real property for the
purpose of permitting the Corporation to use the property for the
production of electric power and related ancillary activities.
(b) Consideration.--(1) As consideration for the conveyance under
subsection (a), the Corporation shall--
(A) convey to the United States all right, title, and
interest of the Corporation in and to a parcel of real property
in the San Diego area that is suitable for military family
housing, as determined by the Secretary; and
(B) if the parcel conveyed under subparagraph (A) does not
contain housing units suitable for use as military family
housing, design and construct such military family housing units
and supporting facilities as the Secretary considers
appropriate.
(2) The total combined value of the real property and military
family housing conveyed by the Corporation under this subsection shall
be at least equal to the fair market value of the real property conveyed
to the Secretary under subsection (a), including any severance costs
arising from any diminution of the value or utility of other property at
Marine Corps Air Station, Miramar, attributable to the prospective
future use of the property conveyed under subsection (a).
(3) The Secretary shall determine the fair market value of the real
property to be conveyed under subsection (a) and the fair market value
of the consideration to be provided under this subsection. Such
determinations shall be final.
(c) Reversionary Interest.--(1) Subject to paragraph (2), if the
Secretary determines at any time that the property conveyed under
subsection (a) is not being used in accordance with the purpose of the
conveyance specified in such subsection, all right, title, and interest
in and to the property, including any improvements thereon, shall
revert, at the option of the Secretary, to the United States, and the
United States shall have the right of immediate entry onto the property.
Any determination of the Secretary under this subsection shall be made
on the record after an opportunity for a hearing.
(2) If Marine Corps Air Station, Miramar, is no longer used as a
Federal aviation facility, paragraph (1) shall no longer apply, and the
Secretary shall release, without consideration, the reversionary
interest retained by the United States under such paragraph.
(d) Administrative Expenses.--(1) The Corporation shall make funds
available to the Secretary to cover costs to be incurred by the
Secretary, or reimburse the Secretary for costs incurred, to carry out
the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. This paragraph does not apply to costs
associated with the removal of explosive ordnance from the parcel and
environmental remediation of the parcel.
(2) Section 2695(c) of title 10 United States Code, shall apply to
any amount received under paragraph (1). If the amounts received in
advance under such paragraph exceed the costs actually
[[Page 116 STAT. 2721]]
incurred by the Secretary, the Secretary shall refund the excess amount
to the Corporation.
(e) Descriptions of Property.--The exact acreage and legal
descriptions of the real property to be conveyed by the Secretary under
subsection (a) and the property to be conveyed by the Corporation under
subsection (b) shall be determined by a survey satisfactory to the
Secretary.
(f) Exemptions.--Section 2696 of title 10, United States Code, does
not apply to the conveyance authorized by subsection (a), and the
authority to make the conveyance shall not be considered to render the
property excess or underutilized.
(g) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances
authorized by this section as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2832. MODIFICATION OF AUTHORITY FOR LAND TRANSFER AND CONVEYANCE,
NAVAL SECURITY GROUP ACTIVITY, WINTER HARBOR, MAINE.
(a) Modification of Conveyance Authority for Corea and Winter Harbor
Properties.--Subsection (b) of section 2845 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Public Law 107-
107; 115 Stat. 1319) is amended to read as follows:
``(b) Conveyance and Transfer of Corea and Winter Harbor Properties
Authorized.--(1) The Secretary of the Navy may convey, without
consideration, to the State of Maine, any political subdivision of the
State of Maine, or any tax-supported agency in the State of Maine, all
right, title, and interest of the United States in and to parcels of
real property, including any improvements thereon and appurtenances
thereto, comprising the former facilities of the Naval Security Group
Activity, Winter Harbor, Maine, as follows:
``(A) The parcel consisting of approximately 50 acres known
as the Corea Operations Site.
``(B) Three parcels consisting of approximately 23 acres and
comprising family housing facilities.
``(2) The Secretary of the Navy may transfer to the administrative
jurisdiction of the Secretary of the Interior a parcel of real property
consisting of approximately 404 acres at the former Naval Security Group
Activity, which is the balance of the real property comprising the Corea
Operations Site. The Secretary of the Interior shall administer the
property transferred under this paragraph as part of the National
Wildlife Refuge System.''.
(b) Exemption of Modified Conveyances from Federal Screening
Requirement.--Such section is further amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Exemption From Federal Screening.--Any conveyance authorized
by subsection (b)(1) is exempt from the requirement to screen the
property concerned for further Federal use pursuant to section 2696 of
title 10, United States Code.''.
(c) Conforming Amendments.--Subsections (c), (d), (e), (f), (h) (as
redesignated), and (i) (as redesignated) of such section are
[[Page 116 STAT. 2722]]
amended by striking ``subsection (b)'' each place it appears and
inserting ``subsection (b)(1)''.
SEC. 2833. LAND CONVEYANCE, WESTOVER AIR RESERVE BASE, MASSACHUSETTS.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the City of Chicopee, Massachusetts (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property, including 133
housing units and other improvements thereon, consisting of
approximately 30.38 acres located at Westover Air Reserve Base in
Chicopee, Massachusetts, for the purpose of permitting the City to use
the property for economic development and other public purposes.
(b) Reimbursement for Costs of Conveyance.--(1) The Secretary may
require the City to reimburse the Secretary for the costs incurred by
the Secretary to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental documentation
(other than the environmental baseline survey), and other administrative
costs related to the conveyance.
(2) The Secretary shall require the City to reimburse the Secretary
for any 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, if the excess costs
were incurred as a result of a request by the City. 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.
(3) Any reimbursement received under this subsection shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2834. LAND CONVEYANCE, NAVAL STATION, NEWPORT, RHODE ISLAND.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the State of Rhode Island, or any political subdivision thereof, any or
all right, title, and interest of the United States in and to a parcel
of real property, together with improvements thereon, consisting of
approximately 34 acres located in Melville, Rhode Island, and known as
the Melville Marina site.
(b) Consideration.--(1) As consideration for the conveyance of real
property under subsection (a), the conveyee shall pay the United States
an amount equal to the fair market value of the real property, as
determined by the Secretary based on an appraisal of the real property
acceptable to the Secretary.
[[Page 116 STAT. 2723]]
(2) The consideration received under paragraph (1) shall be
deposited in the account established pursuant to section 572(b) of title
40, United States Code, and shall be available as provided for in that
section.
(c) Reimbursement for Costs of Conveyance.--(1) The Secretary may
require the conveyee of the real property under subsection (a) to
reimburse the Secretary for any costs incurred by the Secretary in
carrying out the conveyance.
(2) Any reimbursement for costs that is received under paragraph (1)
shall be credited to the fund or account providing funds for such costs.
Amounts so credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2835. LAND EXCHANGE AND BOUNDARY ADJUSTMENTS, MARINE CORPS BASE,
QUANTICO, AND PRINCE WILLIAM FOREST PARK, VIRGINIA.
(a) Land Exchange.--Administrative jurisdiction over certain lands
at Prince William Forest Park, Virginia, and at the Marine Corps Base,
Quantico, Virginia, shall be adjusted through the following actions:
(1) The Secretary of the Navy shall transfer, without
reimbursement, to the administrative jurisdiction of the
Secretary of the Interior approximately 352 acres of land,
depicted as ``Lands Transferred from Department of the Navy to
Department of the Interior'' on the map entitled ``Boundary
Adjustments Between Prince William Forest Park and Marine Corps
Base, Quantico'', numbered 860/80283, and dated May 1, 2002.
(2) The Secretary of the Interior shall transfer, without
reimbursement, to the administrative jurisdiction of the
Secretary of the Navy approximately 3,398 acres of land,
depicted as ``Lands Transferred from Department of the Interior
to Department of the Navy'' on the map described in paragraph
(1).
(b) Retention of Certain Land.--The Secretary of the Interior shall
continue to administer approximately 1,346 acres of land, depicted as
``Lands Retained by Department of the Interior'' on the map described in
subsection (a)(1). Effective on the date of the enactment of this Act,
the special use permit dated March 16, 1972, which provides for the use
of part of this land by the Marine Corps, shall no longer be in effect.
(c) Subsequent Disposal of Land.--(1) If any of the land described
in subsection (a)(1) or (b) is determined to be excess to the needs of
the Department of the Interior, the Secretary of the Interior shall
offer to transfer, without reimbursement, administrative jurisdiction
over the land to the Secretary of the Navy.
(2) If any of the land described in subsection (a)(2) is determined
to be excess to the needs of the Department of the Navy, the
[[Page 116 STAT. 2724]]
Secretary of the Navy shall offer to transfer, without reimbursement,
administrative jurisdiction over the land to the Secretary of the
Interior.
(3) If an offer made under this subsection is not accepted within 90
days, the land covered by the offer may be disposed of in accordance
with the laws and regulations governing the disposal of excess property.
(d) Boundary Modification and Administration.--(1) The boundaries of
Prince William Forest Park and the Marine Corps Base, Quantico, shall be
modified to reflect the land exchanges or disposals made under this
section.
(2) Land transferred to the Secretary of the Interior under
subsection (a)(1) or retained under subsection (b) shall be administered
as part of Prince William Forest Park in accordance with applicable laws
and regulations.
(e) Availability of Map.--The map described in subsection (a)(1)
shall be on file and available for public inspection in the appropriate
offices of the National Park Service, Department of the Interior.
(f) Conforming Amendments.--The Act of June 22, 1948 (Chapter 596;
62 Stat. 571), is amended--
(1) by striking the first section and inserting the
following new section:
``SECTION 1. PRINCE WILLIAM FOREST PARK, VIRGINIA.
``Chopawamsic Park, which was established in 1933 as Chopawamsic
Recreational Demonstration Area, shall be known as `Prince William
Forest Park'.'';
(2) in section 2--
(A) by striking ``That all'' and inserting ``All'';
and
(B) by striking ``the Chopawamsic Park'' and
inserting ``Prince William Forest Park''; and
(3) in section 3--
(A) by striking ``That the Secretary of the Interior
and the Secretary of the Navy be, and they are hereby''
and inserting ``The Secretary of the Interior is''; and
(B) by striking ``the Chopawamsic Park'' both places
it appears and inserting ``Prince William Forest Park''.
PART III--AIR FORCE CONVEYANCES
SEC. 2841. MODIFICATION OF LAND CONVEYANCE, LOS ANGELES AIR FORCE BASE,
CALIFORNIA.
Section 2861(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-433) is amended in the first sentence by
striking ``10 years'' and inserting ``30 years''.
SEC. 2842. LAND EXCHANGE, BUCKLEY AIR FORCE BASE, COLORADO.
(a) Exchange Authorized.--For the purpose of facilitating the
acquisition of real property suitable for the construction of military
family housing for Buckley Air Force Base, Colorado, the Secretary of
the Air Force may convey to the State of Colorado (in this section
referred to as the ``State'') all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, consisting of all or part of the Watkins
Communications Site in Arapahoe County, Colorado.
[[Page 116 STAT. 2725]]
(b) Consideration.--(1) As consideration for the conveyance
authorized by subsection (a) the State shall convey to the United States
all right, title, and interest of the State in and to a parcel of real
property, including improvements thereon, consisting of approximately 41
acres that is owned by the State and is contiguous to Buckley Air Force
Base, Colorado.
(2) The Secretary shall have jurisdiction over the real property
conveyed under paragraph (1).
(3) Upon conveyance to the United States under paragraph (1), the
real property conveyed under that paragraph is withdrawn from all forms
of appropriation under the general land laws, including the mining laws
and mineral and geothermal leasing laws.
(c) Description of Property.--The exact acreage and legal
description of the parcels of real property to be conveyed under this
section shall be determined by surveys satisfactory to the Secretary.
(d) 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. LAND CONVEYANCES, WENDOVER AIR FORCE BASE AUXILIARY FIELD,
NEVADA.
(a) Conveyances Authorized To West Wendover, Nevada.--(1) The
Secretary of the Interior may convey, without consideration, to the City
of West Wendover, Nevada, all right, title, and interest of the United
States in and to the following:
(A) The lands at Wendover Air Force Base Auxiliary Field,
Nevada, identified in Easement No. AFMC-HL-2-00-334 that are
determined by the Secretary of the Air Force to be no longer
required.
(B) The lands at Wendover Air Force Base Auxiliary Field
identified for disposition on the map entitled ``West Wendover,
Nevada-Excess'', dated January 5, 2001, that are determined by
the Secretary of the Air Force to be no longer required.
(2) The purposes of the conveyances under this subsection are--
(A) to permit the establishment and maintenance of runway
protection zones; and
(B) to provide for the development of an industrial park and
related infrastructure.
(3) The map referred to in paragraph (1)(B) shall be on file and
available for public inspection in the offices of the Director of the
Bureau of Land Management and the Elko District Office of the Bureau of
Land Management.
(b) Conveyance Authorized to Tooele County, Utah.--(1) The Secretary
of the Interior may convey, without consideration, to Tooele County,
Utah, all right, title, and interest of the United States in and to the
lands at Wendover Air Force Base Auxiliary Field identified in Easement
No. AFMC-HL-2-00-318 that are determined by the Secretary of the Air
Force to be no longer required.
(2) The purpose of the conveyance under this subsection is to permit
the establishment and maintenance of runway protection
[[Page 116 STAT. 2726]]
zones and an aircraft accident potential protection zone as necessitated
by continued military aircraft operations at the Utah Test and Training
Range.
(c) Phased Conveyances.--The land conveyances authorized by
subsections (a) and (b) may be conducted in phases. To the extent
practicable, the first phase of the conveyances should involve at least
3,000 acres.
(d) Management of Conveyed Lands.--The lands conveyed under
subsections (a) and (b) shall be managed by the City of West Wendover,
Nevada, City of Wendover, Utah, Tooele County, Utah, and Elko County,
Nevada--
(1) in accordance with the provisions of an Interlocal
Memorandum of Agreement entered into between the Cities of West
Wendover, Nevada, and Wendover, Utah, Tooele County, Utah, and
Elko County, Nevada, providing for the coordinated management
and development of the lands for the economic benefit of both
communities; and
(2) in a manner that is consistent with such provisions of
the easements referred to subsections (a) and (b) that, as
jointly determined by the Secretary of the Air Force and
Secretary of the Interior, remain applicable and relevant to the
operation and management of the lands following conveyance and
are consistent with the provisions of this section.
(e) Additional Terms and Conditions.--The Secretary of the Air Force
and the Secretary of the Interior may jointly require such additional
terms and conditions in connection with the conveyances authorized by
subsections (a) and (b) as the Secretaries consider appropriate to
protect the interests of the United States.
Subtitle D--Other Matters
SEC. 2851. MASTER PLAN FOR USE OF NAVY ANNEX, ARLINGTON, VIRGINIA.
(a) Modification of Authority for Transfer from Navy Annex.--Section
2881 of the Military Construction Authorization Act for Fiscal Year 2000
(113 Stat. 879) is amended--
(1) in subsection (b)(2), as amended by section 2863(f) of
the Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1332), by striking
``as a site for--'' and all that follows and inserting ``as a
site for such other memorials or museums that the Secretary
considers compatible with Arlington National Cemetery and the
Air Force Memorial.''; and
(2) in subsection (d)--
(A) in paragraph (2), by striking ``the
recommendation (if any) of the Commission on the
National Military Museum to use a portion of the Navy
Annex property as the site for the National Military
Museum'' and inserting ``the use of the acres reserved
under subsection (b)(2) for a memorial or museum''; and
(B) in paragraph (4), by striking ``the date on
which the Commission on the National Military Museum
submits to Congress its report under section 2903'' and
inserting ``the date of the enactment of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003''.
[[Page 116 STAT. 2727]]
(b) Construction of Amendments.--The amendments made by subsection
(a) may not be construed to delay the establishment of the United States
Air Force Memorial authorized by section 2863 of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1330).
SEC. 2852. SALE OF EXCESS TREATED WATER AND WASTEWATER TREATMENT
CAPACITY, MARINE CORPS BASE, CAMP LEJEUNE, NORTH CAROLINA.
(a) Sale Authorized.--The Secretary of the Navy may provide to
Onslow County, North Carolina, or any authority or political subdivision
organized under the laws of North Carolina to provide public water or
sewage services in Onslow County (in this section referred to as the
``County''), treated water and wastewater treatment services from
facilities at Marine Corps Base, Camp Lejeune, North Carolina, if the
Secretary determines that the provision of these utility services is in
the public interest and will not interfere with current or future
operations at Camp Lejeune.
(b) Inapplicability of Certain Requirements.--Section 2686 of title
10, United States Code, shall not apply to the provision of public water
or sewage services authorized by subsection (a).
(c) Consideration.--As consideration for the receipt of public water
or sewage services under subsection (a), the County shall pay to the
Secretary an amount (in cash or in kind) equal to the fair market value
of the services. Amounts received in cash shall be credited to the base
operation and maintenance accounts of Camp Lejeune.
(d) Expansion.--The Secretary may make minor expansions and
extensions and permit connections to the public water or sewage systems
of the County in order to furnish the services authorized under
subsection (a). The Secretary shall restrict the provision of services
to the County to those areas in the County where residential development
would be compatible with current and future operations at Camp Lejeune.
(e) Administrative Expenses.--(1) The Secretary may require the
County to reimburse the Secretary for the costs incurred by the
Secretary to provide public water or sewage services to the County under
subsection (a).
(2) Section 2695(c) of title 10 United States Code, shall apply to
any amount received under this subsection.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the provision of
public water or sewage services under this section as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2853. CONVEYANCE OF REAL PROPERTY, ADAK NAVAL COMPLEX, ALASKA, AND
RELATED LAND CONVEYANCES.
Section 6 of the Act entitled ``An Act to ratify an agreement
between The Aleut Corporation and the United States of America to
exchange land rights received under the Alaska Native Claims Settlement
Act for certain land interests on Adak Island, and for other
purposes.'', approved October 11, 2002 <<NOTE: Ante, p. 1490.>> (Public
Law 107-239), is amended by adding at the end the following new
subsection:
``(f) For purposes of section 21(c) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1620(c)), all property received by the Aleut
Corporation under this Act shall be given a tax basis equal
[[Page 116 STAT. 2728]]
to fair value on the date of the transfer. Fair value shall be
determined by replacement cost appraisal.''.
SEC. 2854. SPECIAL REQUIREMENT FOR ADDING MILITARY INSTALLATION TO
CLOSURE LIST.
Section 2914(d) of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note),
as added by section 3003 of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107-107; 155 Stat,
1346), <<NOTE: 115 Stat. 1346.>> is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Site visit.--In the report required under section
2903(d)(2)(A) that is to be transmitted under paragraph (1), the
Commission may not recommend the closure of a military
installation not recommended for closure by the Secretary under
subsection (a) unless at least two members of the Commission
visit the installation before the date of the transmittal of the
report.''.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3141. Annual assessments and reports to the President and Congress
regarding the condition of the United States nuclear weapons
stockpile.
Sec. 3142. Plans for achieving enhanced readiness posture for resumption
by the United States of underground nuclear weapons tests.
Sec. 3143. Requirements for specific request for new or modified nuclear
weapons.
Sec. 3144. Database to track notification and resolution phases of
Significant Finding Investigations.
Sec. 3145. Defense environmental management cleanup reform program.
Sec. 3146. Limitation on obligation of funds for Robust Nuclear Earth
Penetrator program pending submission of report.
Subtitle C--Proliferation Matters
Sec. 3151. Transfer to National Nuclear Security Administration of
Department of Defense's Cooperative Threat Reduction program
relating to elimination of weapons grade plutonium production
in Russia.
Sec. 3152. Repeal of requirement for reports on obligation of funds for
programs on fissile materials in Russia.
Sec. 3153. Expansion of annual reports on status of nuclear materials
protection, control, and accounting programs.
Sec. 3154. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, or biological weapons.
Sec. 3155. Cooperative program on research, development, and
demonstration of technology regarding nuclear or radiological
terrorism.
Sec. 3156. Matters relating to the International Materials Protection,
Control, and Accounting program of the Department of Energy.
[[Page 116 STAT. 2729]]
Sec. 3157. Accelerated disposition of highly enriched uranium.
Sec. 3158. Strengthened international security for nuclear materials and
security of nuclear operations.
Sec. 3159. Export control programs.
Sec. 3160. Plan for accelerated return of weapons-usable nuclear
materials.
Sec. 3161. Sense of Congress on amendment of Convention on Physical
Protection of Nuclear Materials.
Sec. 3162. Sense of Congress on program to secure stockpiles of highly
enriched uranium and plutonium.
Subtitle D--Other Matters
Sec. 3171. Indemnification of Department of Energy contractors.
Sec. 3172. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.
Sec. 3173. Worker health and safety rules for Department of Energy
nuclear facilities.
Sec. 3174. Extension of authority to appoint certain scientific,
engineering, and technical personnel.
Sec. 3175. One-year extension of panel to assess the reliability,
safety, and security of the United States nuclear stockpile.
Sec. 3176. Report on status of environmental management initiatives to
accelerate the reduction of environmental risks and
challenges posed by the legacy of the Cold War.
Subtitle E--Disposition of Weapons-Usable Plutonium at Savannah River,
South Carolina
Sec. 3181. Findings.
Sec. 3182. Disposition of weapons-usable plutonium at Savannah River
Site.
Sec. 3183. Study of facilities for storage of plutonium and plutonium
materials at Savannah River Site.
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2003 for the
activities of the National Nuclear Security Administration in carrying
out programs necessary for national security in the amount of
$8,038,490,000, to be allocated as follows:
(1) For weapons activities, $5,901,641,000.
(2) For defense nuclear nonproliferation activities,
$1,104,130,000.
(3) For naval reactors, $706,790,000.
(4) For the Office of the Administrator for Nuclear
Security, $325,929,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects as follows:
(1) For weapons activities, the following new plant
projects:
Project 03-D-101, Sandia underground reactor
facility (SURF), Sandia National Laboratories,
Albuquerque, New Mexico, $2,000,000.
Project 03-D-103, project engineering and design,
various locations, $17,039,000.
Project 03-D-121, gas transfer capacity expansion,
Kansas City Plant, Kansas City, Missouri, $4,000,000.
Project 03-D-122, prototype purification facility,
Y-12 plant, Oak Ridge, Tennessee, $20,800,000.
Project 03-D-123, special nuclear materials
requalification, Pantex plant, Amarillo, Texas,
$3,000,000.
[[Page 116 STAT. 2730]]
(2) For naval reactors, the following new plant project:
Project 03-D-201, cleanroom technology facility,
Bettis Atomic Power Laboratory, West Mifflin,
Pennsylvania, $7,200,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2003 for
environmental management activities in carrying out programs necessary
for national security in the amount of $6,759,846,000, to be allocated
as follows:
(1) For defense environmental restoration and waste
management, $4,510,133,000.
(2) For defense environmental management cleanup reform in
carrying out environmental restoration and waste management
activities necessary for national security programs,
$982,000,000.
(3) For defense facilities closure projects, $1,109,314,000.
(4) For defense environmental management privatization,
$158,399,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects as follows:
(1) For environmental restoration and waste management
activities, the following new plant project:
Project 03-D-403, immobilized high-level waste
interim storage facility, Richland, Washington,
$6,363,000.
(2) For defense environmental management cleanup reform, the
following new plant project:
Project 03-D-414, project engineering and design,
various locations, $8,800,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2003 for other defense activities in carrying out
programs necessary for national security in the amount of $462,664,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2003 for defense nuclear waste disposal for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$315,000,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3141. <<NOTE: 42 USC 7274s.>> ANNUAL ASSESSMENTS AND REPORTS TO THE
PRESIDENT AND CONGRESS REGARDING THE CONDITION OF THE UNITED
STATES NUCLEAR WEAPONS STOCKPILE.
(a) Annual Assessments Required.--For each nuclear weapon type in
the stockpile of the United States, each official specified in
subsection (b) on an annual basis shall, to the extent such official is
directly responsible for the safety, reliability, performance,
[[Page 116 STAT. 2731]]
or military effectiveness of that nuclear weapon type, complete an
assessment of the safety, reliability, performance, or military
effectiveness (as the case may be) of that nuclear weapon type.
(b) Covered Officials.--The officials referred to in subsection (a)
are the following:
(1) The head of each national security laboratory.
(2) The commander of the United States Strategic Command.
(c) Use of Teams of Experts for Assessments.--The head of each
national security laboratory shall establish and use one or more teams
of experts, known as ``red teams'', to assist in the assessments
required by subsection (a). Each such team shall include experts from
both of the other national security laboratories. Each such team for a
national security laboratory shall--
(1) review the matters covered by the assessments under
subsection (a) performed by the head of that laboratory;
(2) subject such matters to challenge; and
(3) submit the results of such review and challenge,
together with the findings and recommendations of such team with
respect to such review and challenge, to the head of that
laboratory.
(d) Report <<NOTE: Deadline.>> on Assessments.--Not later than
December 1 of each year, each official specified in subsection (b) shall
submit to the Secretary concerned, and to the Nuclear Weapons Council, a
report on the assessments that such official was required by subsection
(a) to complete. The report shall include the following:
(1) The results of each such assessment.
(2)(A) Such official's determination as to whether or not
one or more underground nuclear tests are necessary to resolve
any issues identified in the assessments and, if so--
(i) an identification of the specific underground
nuclear tests that are necessary to resolve such issues;
and
(ii) a discussion of why options other than an
underground nuclear test are not available or would not
resolve such issues.
(B) An identification of the specific underground nuclear
tests which, while not necessary, might have value in resolving
any such issues and a discussion of the anticipated value of
conducting such tests.
(C) Such official's determination as to the readiness of the
United States to conduct the underground nuclear tests
identified under subparagraphs (A)(i) and (B), if directed by
the President to do so.
(3) In the case of a report submitted by the head of a
national security laboratory--
(A) a concise statement regarding the adequacy of
the science-based tools and methods being used to
determine the matters covered by the assessments;
(B) a concise statement regarding the adequacy of
the tools and methods employed by the manufacturing
infrastructure required by section 3137 of the National
Defense Authorization Act for Fiscal Year 1996 (42
U.S.C. 2121 note) to identify and fix any inadequacy
with respect to the matters covered by the assessments;
and
(C) a concise summary of the findings and
recommendations of any teams under subsection (c) that
relate
[[Page 116 STAT. 2732]]
to the assessments, together with a discussion of those
findings and recommendations.
(4) In the case of a report submitted by the Commander of
the United States Strategic Command, a discussion of the
relative merits of other nuclear weapon types (if any), or
compensatory measures (if any) that could be taken, that could
enable accomplishment of the missions of the nuclear weapon
types to which the assessments relate, should such assessments
identify any deficiency with respect to such nuclear weapon
types.
(5) An identification and discussion of any matter having an
adverse effect on the capability of the official submitting the
report to accurately determine the matters covered by the
assessments.
(e) Submittals <<NOTE: Deadline.>> to the President and Congress.--
(1) Not later than March 1 of each year, the Secretary of Defense and
the Secretary of Energy shall submit to the President--
(A) each report, without change, submitted to either
Secretary under subsection (d) during the preceding year;
(B) any comments that the Secretaries individually or
jointly consider appropriate with respect to each such report;
(C) the conclusions that the Secretaries individually or
jointly reach as to the safety, reliability, performance, and
military effectiveness of the nuclear weapons stockpile of the
United States; and
(D) any other information that the Secretaries individually
or jointly consider appropriate.
(2) Not later than March 15 of each year, the President shall
forward to Congress the matters received by the President under
paragraph (1) for that year, together with any comments the President
considers appropriate.
(f) Classified Form.--Each submittal under subsection (e) shall be
in classified form only, with the classification level required for each
portion of such submittal marked appropriately.
(g) Definitions.--In this section:
(1) The term ``national security laboratory'' has the
meaning given such term in section 3281 of the National Nuclear
Security Administration Act (50 U.S.C. 2471).
(2) The term ``Secretary concerned'' means--
(A) the Secretary of Energy, with respect to matters
concerning the Department of Energy; and
(B) the Secretary of Defense, with respect to
matters concerning the Department of Defense.
(h) First Submissions.--(1) The first submissions made under
subsection (d) shall be the submissions required to be made in 2003.
(2) The first submissions made under subsection (e) shall be the
submissions required to be made in 2004.
SEC. 3142. PLANS FOR ACHIEVING ENHANCED READINESS POSTURE FOR RESUMPTION
BY THE UNITED STATES OF UNDERGROUND NUCLEAR WEAPONS TESTS.
(a) Plans Required.--The Secretary of Energy, in consultation with
the Administrator for Nuclear Security, shall prepare plans for
achieving, not later than one year after the date on which the plans are
submitted under subsection (c), readiness postures
[[Page 116 STAT. 2733]]
of six months, 12 months, 18 months, and 24 months for resumption by the
United States of underground nuclear weapons tests.
(b) Readiness Posture.--For purposes of this section, a readiness
posture of a specified number of months for resumption by the United
States of underground nuclear weapons tests is achieved when the
Department of Energy has the capability to resume such tests, if
directed by the President to resume such tests, not later than the
specified number of months after the date on which the President so
directs.
(c) Report.--The Secretary shall include with the budget
justification materials submitted to Congress in support of the
Department of Energy budget for fiscal year 2004 (as submitted with the
budget of the President under section 1105(a) of title 31, United States
Code) a report on the plans required by subsection (a). The report shall
include--
(1) an assessment of the current readiness posture for
resumption by the United States of underground nuclear weapons
tests;
(2) the plans required by subsection (a) and, for each such
plan, the estimated cost for implementing such plan and an
estimate of the annual cost of maintaining the readiness posture
to which the plan relates; and
(3) the recommendation of the Secretary, developed in
consultation with the Secretary of Defense, as to the optimal
readiness posture for resumption by the United States of
underground nuclear weapons tests, including the basis for that
recommendation.
SEC. 3143. <<NOTE: 42 USC 7271d.>> REQUIREMENTS FOR SPECIFIC REQUEST FOR
NEW OR MODIFIED NUCLEAR WEAPONS.
(a) Requirement for Request for Funds for Development.--(1) In any
fiscal year after fiscal year 2002 in which the Secretary of Energy
plans to carry out activities described in paragraph (2) relating to the
development of a new nuclear weapon or modified nuclear weapon, the
Secretary shall specifically request funds for such activities in the
budget of the President for that fiscal year under section 1105(a) of
title 31, United States Code.
(2) The activities described in this paragraph are as follows:
(A) The conduct, or provision for conduct, of research and
development which could lead to the production of a new nuclear
weapon by the United States.
(B) The conduct, or provision for conduct, of engineering or
manufacturing to carry out the production of a new nuclear
weapon by the United States.
(C) The conduct, or provision for conduct, of research and
development which could lead to the production of a modified
nuclear weapon by the United States.
(D) The conduct, or provision for conduct, of engineering or
manufacturing to carry out the production of a modified nuclear
weapon by the United States.
(b) Budget Request Format.--The Secretary shall include in a request
for funds under subsection (a) the following:
(1) In the case of funds for activities described in
subparagraph (A) or (C) of subsection (a)(2), a single dedicated
line item for all such activities for new nuclear weapons or
modified nuclear weapons that are in phase 1, 2, or 2A or phase
6.1, 6.2, or 6.2A (as the case may be), or any concept work
prior
[[Page 116 STAT. 2734]]
to phase 1 or 6.1 (as the case may be), of the nuclear weapons
acquisition process.
(2) In the case of funds for activities described in
subparagraph (B) or (D) of subsection (a)(2), a dedicated line
item for each such activity for a new nuclear weapon or modified
nuclear weapon that is in phase 3 or higher or phase 6.3 or
higher (as the case may be) of the nuclear weapons acquisition
process.
(c) Exception.--Subsection (a) shall not apply to funds for purposes
of conducting, or providing for the conduct of, research and
development, or manufacturing and engineering, determined by the
Secretary to be necessary--
(1) for the nuclear weapons life extension program;
(2) to modify an existing nuclear weapon solely to address
safety or reliability concerns; or
(3) to address proliferation concerns.
(d) Definitions.--In this section:
(1) The term ``life extension program'' means the program to
repair or replace non-nuclear components, or to modify the pit
or canned subassembly, of nuclear weapons that are in the
nuclear weapons stockpile on the date of the enactment of this
Act in order to assure that such nuclear weapons retain the
ability to meet the military requirements applicable to such
nuclear weapons when first placed in the nuclear weapons
stockpile.
(2) The term ``modified nuclear weapon'' means a nuclear
weapon that contains a pit or canned subassembly, either of
which--
(A) is in the nuclear weapons stockpile as of the
date of the enactment of this Act; and
(B) is being modified in order to meet a military
requirement that is other than the military requirements
applicable to such nuclear weapon when first placed in
the nuclear weapons stockpile.
(3) The term ``new nuclear weapon'' means a nuclear weapon
that contains a pit or canned subassembly, either of which is
neither--
(A) in the nuclear weapons stockpile on the date of
the enactment of this Act; nor
(B) in production as of that date.
SEC. 3144. DATABASE TO TRACK NOTIFICATION AND RESOLUTION PHASES OF
SIGNIFICANT FINDING INVESTIGATIONS.
(a) Availability of Funds for Database.--Amounts authorized to be
appropriated by section 3101(a)(1) for the National Nuclear Security
Administration for weapons activities shall be available to the Deputy
Administrator for Nuclear Security for Defense Programs for the
development and implementation of a database for all national security
laboratories to track the notification and resolution phases of
Significant Finding Investigations (SFIs). The purpose of the database
is to facilitate the monitoring of the progress and accountability of
the national security laboratories in Significant Finding
Investigations.
(b) Implementation Deadline.--The database required by subsection
(a) shall be implemented not later than September 30, 2003.
[[Page 116 STAT. 2735]]
(c) National Security Laboratory Defined.--In this section, the term
``national security laboratory'' has the meaning given that term in
section 3281(1) of the National Nuclear Security Administration Act
(title XXXII of Public Law 106-65; 113 Stat. 968; 50 U.S.C. 2471(1)).
SEC. 3145. DEFENSE ENVIRONMENTAL MANAGEMENT CLEANUP REFORM PROGRAM.
(a) Program Required.--From funds made available pursuant to section
3102(a)(2) for defense environmental management cleanup reform, the
Secretary of Energy shall carry out a program to reform DOE
environmental management activities. In carrying out the program, the
Secretary shall allocate, to each site for which the Secretary has
submitted to the congressional defense committees a site performance
management plan, the amount of those funds that such plan requires.
(b) Transfer and Merger of Funds.--(1) Funds so allocated shall,
notwithstanding section 3624, be transferred to the account for DOE
environmental management activities and, subject to paragraph (2) and
subsection (c), shall be merged with and be available for the same
purposes and for the same period as the funds available in such account.
The authority provided by section 3629 shall apply to funds so
transferred.
(2) No funds so allocated may be obligated or expended until 30 days
after the Secretary submits to the congressional defense committees a
description of the activities to be carried out at each site to which
funds are so allocated.
(c) Limitation on Use of All Merged Funds.--Upon a transfer and
merger of funds under subsection (b), all funds in the merged account
that are available with respect to the site may be used only to carry
out the site performance management plan for the site.
(d) Site Performance Management Plan Defined.--For purposes of this
section, a site performance management plan for a site is a plan, agreed
to by the applicable Federal and State agencies with regulatory
jurisdiction with respect to the site, for the performance of activities
to accelerate the reduction of environmental risk in connection with,
and to accelerate the environmental cleanup of, the site.
(e) DOE Environmental Management Activities Defined.--For purposes
of this section, the term ``DOE environmental management activities''
means environmental restoration and waste management activities of the
Department of Energy in carrying out programs necessary for national
security.
SEC. 3146. LIMITATION ON OBLIGATION OF FUNDS FOR ROBUST NUCLEAR EARTH
PENETRATOR PROGRAM PENDING SUBMISSION OF REPORT.
(a) Report-and-Wait Requirement.--None of the funds made available
to the Secretary of Energy for fiscal year 2003 for the Robust Nuclear
Earth Penetrator program may be obligated until--
(1) the Secretary of Defense submits to the Committees on
Armed Services of the Senate and House of Representatives a
report described in subsection (b); and
(2) a period of 30 days has passed after such report is
received by those committees.
(b) Report.--A report under subsection (a)(1) is a report on the
Robust Nuclear Earth Penetrator program, prepared by the
[[Page 116 STAT. 2736]]
Secretary of Defense in consultation with the Secretary of Energy, that
sets forth the following:
(1) The military requirements for the Robust Nuclear Earth
Penetrator.
(2) The nuclear weapons employment policy regarding the
Robust Nuclear Earth Penetrator.
(3) A detailed description of the categories or types of
targets that the Robust Nuclear Earth Penetrator is designed to
hold at risk.
(4) An assessment of the ability of conventional weapons to
defeat the same categories and types of targets as are described
pursuant to paragraph (3).
Subtitle C--Proliferation Matters
SEC. 3151. <<NOTE: 22 USC 5952 note.>> TRANSFER TO NATIONAL NUCLEAR
SECURITY ADMINISTRATION OF DEPARTMENT OF DEFENSE'S
COOPERATIVE THREAT REDUCTION PROGRAM RELATING TO ELIMINATION
OF WEAPONS GRADE PLUTONIUM PRODUCTION IN RUSSIA.
(a) Transfer of Program.--There are hereby transferred to the
Administrator for Nuclear Security the following:
(1) The program, within the Cooperative Threat Reduction
program of the Department of Defense, relating to the
elimination of weapons grade plutonium production in Russia.
(2) All functions, powers, duties, and activities of that
program performed before the date of the enactment of this Act
by the Department of Defense.
(b) Transfer of Assets.--(1) Notwithstanding any restriction or
limitation in law on the availability of Cooperative Threat Reduction
funds specified in paragraph (2), so much of the property, records, and
unexpended balances of appropriations, allocations, and other funds
employed, used, held, available, or to be made available in connection
with the program transferred by subsection (a) are transferred to the
Administrator for use in connection with the program transferred.
(2) The Cooperative Threat Reduction funds specified in this
paragraph are the following:
(A) Fiscal year 2002 Cooperative Threat Reduction funds, as
specified in section 1301(b) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1254; 22 U.S.C. 5952 note).
(B) Fiscal year 2001 Cooperative Threat Reduction funds, as
specified in section 1301(b) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106-398; 114 Stat. 1654A-339; 22 U.S.C. 5959
note).
(C) Fiscal year 2000 Cooperative Threat Reduction funds, as
specified in section 1301(b) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 792; 22 U.S.C. 5952 note).
(c) Availability of Transferred Funds.--(1) Notwithstanding any
restriction or limitation in law on the availability of Cooperative
Threat Reduction funds specified in subsection (b)(2), the Cooperative
Threat Reduction funds transferred under subsection (b) for
[[Page 116 STAT. 2737]]
the program referred to in subsection (a) shall be available for
activities as follows:
(A) To design and construct, refurbish, or both, fossil fuel
energy plants in Russia that provide alternative sources of
energy to the energy plants in Russia that produce weapons grade
plutonium.
(B) To carry out limited safety upgrades of not more than
three energy plants in Russia that produce weapons grade
plutonium, provided that such upgrades do not extend the life of
those plants.
(2) Amounts available under paragraph (1) for activities referred to
in that paragraph shall remain available for obligation for three fiscal
years.
(d) Limitation.--(1) Of the amounts authorized to be appropriated by
this title or any other Act for the program referred to in subsection
(a), the Administrator for Nuclear Security may not obligate any funds
for construction, or obligate or expend more than $100,000,000 for that
program, until 30 days after the later of--
(A) the date on which the Administrator submits to the
congressional defense committees, the Committee on International
Relations of the House of Representatives, and the Committee on
Foreign Relations of the Senate, a copy of an agreement or
agreements entered into between the United States Government and
the Government of the Russian Federation to shut down the three
plutonium-producing reactors in Russia as specified under
paragraph (2); and
(B) the date on which the Administrator submits to the
committees specified in subparagraph (A) a report on a plan to
achieve international participation in the program referred to
in subsection (a), including cost sharing.
(2) The agreement (or agreements) under paragraph (1)(A) shall
contain--
(A) a commitment to shut down the three plutonium-producing
reactors;
(B) the date on which each such reactor will be shut down;
(C) a schedule and milestones for each such reactor to
complete the shutdown of such reactor by the date specified
under subparagraph (B);
(D) a schedule and milestones for refurbishment or
construction of fossil fuel energy plants to be undertaken by
the Government of the Russian Federation in support of the
program;
(E) an arrangement for access to sites and facilities
necessary to meet such schedules and milestones;
(F) an arrangement for audit and examination procedures in
order to evaluate progress in meeting such schedules and
milestones; and
(G) any cost sharing arrangements between the United States
Government and the Government of the Russian Federation in
undertaking activities under such agreement (or agreements).
[[Page 116 STAT. 2738]]
SEC. 3152. REPEAL OF REQUIREMENT FOR REPORTS ON OBLIGATION OF FUNDS FOR
PROGRAMS ON FISSILE MATERIALS IN RUSSIA.
Section 3131 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 617; 22 U.S.C. 5952 note) is
amended--
(1) in subsection (a), by striking ``(a) Authority.--''; and
(2) by striking subsection (b).
SEC. 3153. EXPANSION OF ANNUAL REPORTS ON STATUS OF NUCLEAR MATERIALS
PROTECTION, CONTROL, AND ACCOUNTING PROGRAMS.
(a) Covered Programs.--Subsection (a) of section 3171 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-475; 22 U.S.C.
5952 note) is amended by striking ``Russia that'' and inserting
``countries where such materials''.
(b) Report Contents.--Subsection (b) of that section is amended--
(1) in paragraph (1) by inserting ``in each country covered
by subsection (a)'' after ``locations,'';
(2) in paragraph (2), by striking ``in Russia'' and
inserting ``in each such country'';
(3) in paragraph (3), by inserting ``in each such country''
after ``subsection (a)''; and
(4) in paragraph (5), by striking ``by total amount and by
amount per fiscal year'' and inserting ``by total amount per
country and by amount per fiscal year per country''.
SEC. 3154. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING NUCLEAR,
RADIOLOGICAL, CHEMICAL, OR BIOLOGICAL WEAPONS.
(a) Extension of Testing.--Section 1415 of the Defense Against
Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104-
201; 110 Stat. 2720; 50 U.S.C. 2315) is amended--
(1) in subsection (a)(2), by striking ``of five successive
fiscal years beginning with fiscal year 1997'' and inserting
``of fiscal years 1997 through 2013''; and
(2) in subsection (b)(2), by striking ``of five successive
fiscal years beginning with fiscal year 1997'' and inserting
``of fiscal years 1997 through 2013''.
(b) Construction <<NOTE: 50 USC 2315 note.>> of Extension With
Designation of Attorney General as Lead Official.--The amendments made
by subsection (a) may not be construed as modifying the designation of
the President titled ``Designation of the Attorney General as the Lead
Official for the Emergency Response Assistance Program Under Sections
1412 and 1415 of the National Defense Authorization Act for Fiscal Year
1997'', dated April 6, 2000, designating the Attorney General to assume
programmatic and funding responsibilities for the Emergency Response
Assistance Program under sections 1412 and 1415 of the Defense Against
Weapons of Mass Destruction Act of 1996 (title XIV of the National
Defense Authorization Act for Fiscal Year 1997).
[[Page 116 STAT. 2739]]
SEC. 3155. <<NOTE: 50 USC 2315 note.>> COOPERATIVE PROGRAM ON RESEARCH,
DEVELOPMENT, AND DEMONSTRATION OF TECHNOLOGY REGARDING
NUCLEAR OR RADIOLOGICAL TERRORISM.
(a) Program Required.--The Administrator for Nuclear Security shall
carry out with the Russian Federation a cooperative program on the
research, development, and demonstration of technologies for protection
from and response to nuclear or radiological terrorism.
(b) Program Elements.--In carrying out the program required by
subsection (a), the Administrator shall--
(1) conduct research and development of technology for
protection from nuclear or radiological terrorism, including
technology for the detection, identification, assessment,
control, and disposition of radiological materials that could be
used for nuclear terrorism; and
(2) provide, where feasible, for the demonstration to other
countries of technologies or methodologies on matters relating
to nuclear or radiological terrorism, including--
(A) the demonstration of technologies developed
under the program to respond to nuclear or radiological
terrorism;
(B) the demonstration of technologies developed
under the program for the disposal of radioactive
materials;
(C) the demonstration of methodologies developed
under the program for use in evaluating the radiological
threat of radiological sources identified as not under
current accounting programs in the audit report of the
Inspector General of the Department of Energy titled
``Accounting for Sealed Sources of Nuclear Material
Provided to Foreign Countries'' (DOE/IG-0546);
(D) in coordination with the Nuclear Regulatory
Commission, the demonstration of methodologies developed
under the program to facilitate the development of a
regulatory framework for licensing and controlling
radioactive sources; and
(E) in coordination with the Office of Environment,
Safety, and Health of the Department of Energy, the
demonstration of methodologies developed under the
program to facilitate development of consistent criteria
for screening international transfers of radiological
materials.
(c) Consultation.--In carrying out activities in accordance with
subsection (b)(2), the Administrator shall consult with--
(1) the Secretary of Defense, Secretary of State, and
Secretary of Commerce; and
(2) the International Atomic Energy Agency.
(d) Amount for Activities.--Of the amount authorized to be
appropriated by section 3101(a)(2) for the Department of Energy for the
National Nuclear Security Administration for defense nuclear
nonproliferation, up to $15,000,000 may be available for carrying out
this section.
SEC. 3156. <<NOTE: 50 USC 2343.>> MATTERS RELATING TO THE INTERNATIONAL
MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM OF THE
DEPARTMENT OF ENERGY.
(a) Radiological Dispersal Device Materials Protection, Control, and
Accounting.--The Secretary of Energy may establish within the
International Materials Protection, Control, and Accounting program of
the Department of Energy a program on
[[Page 116 STAT. 2740]]
the protection, control, and accounting of materials usable in
radiological dispersal devices. In establishing such program, the
Secretary shall--
(1) identify the sites and radiological materials to be
covered by such program;
(2) carry out a risk assessment of such radiological
materials; and
(3) identify and establish the costs of and schedules for
such program.
(b) Revised Focus for Materials Protection, Control, and Accounting
Program of Russian Federation.--(1) The Secretary of Energy shall work
cooperatively with the Russian Federation to develop, as soon as
practicable but not later than January 1, 2013, a sustainable nuclear
materials protection, control, and accounting system for the nuclear
materials of the Russian Federation that is supported solely by the
Russian Federation.
(2) The Secretary shall work with the Russian Federation to identify
various alternatives to provide the United States adequate transparency
in the nuclear materials protection, control, and accounting program of
the Russian Federation to assure that such program is meeting applicable
goals for nuclear materials protection, control, and accounting.
(c) Amount for Activities.--Of the amount authorized to be
appropriated by section 3101(a)(2) for the Department of Energy for the
National Nuclear Security Administration for defense nuclear
nonproliferation, up to $5,000,000 may be available for carrying out
this section.
SEC. 3157. <<NOTE: 22 USC 5952 note.>> ACCELERATED DISPOSITION OF HIGHLY
ENRICHED URANIUM.
(a) Program on Accelerated Disposition of HEU Authorized.--(1) The
Secretary of Energy may carry out a program to pursue with the Russian
Federation options for blending highly enriched uranium so that the
concentration of U-235 in such uranium is below 20 percent.
(2) The options pursued under paragraph (1) shall include expansion
of the Material Consolidation and Conversion program of the Department
of Energy to include--
(A) additional facilities for the blending of highly
enriched uranium; and
(B) additional centralized secure storage facilities for
highly enriched uranium designated for blending.
(3) Any site selected for the storage of uranium or blended material
under paragraph (2)(B) shall undergo complete materials protection,
control, and accounting upgrades before the commencement of the storage
of uranium or blended material at such site under the program.
(b) Construction With HEU Disposition Agreement.--Nothing in this
section may be construed as terminating, modifying, or otherwise
affecting requirements for the disposition of highly enriched uranium
under the Agreement Between the Government of the United States of
America and the Government of the Russian Federation Concerning the
Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons,
signed at Washington on February 18, 1993.
[[Page 116 STAT. 2741]]
(c) Limitation on Release for Sale of Blended Uranium.--Uranium
blended under this section may not be released for sale until the
earlier of--
(1) January 1, 2014; or
(2) the date on which the Secretary certifies that such
uranium can be absorbed into the global market without undue
disruption to the uranium mining, conversion, and enrichment
industry in the United States.
(d) Amount for Activities.--Of the amount to be appropriated by
section 3101(a)(2) for the Department of Energy for the National Nuclear
Security Administration for defense nuclear nonproliferation, up to
$10,000,000 may be available for carrying out this section.
SEC. 3158. <<NOTE: 50 USC 2344.>> STRENGTHENED INTERNATIONAL SECURITY
FOR NUCLEAR MATERIALS AND SECURITY OF NUCLEAR OPERATIONS.
(a) Report on Options for International Program To Strengthen
Security.--(1) <<NOTE: Deadline.>> Not later than 270 days after the
date of the enactment of this Act, the Secretary of Energy shall submit
to Congress a report on options for an international program to develop
strengthened security for nuclear reactors and associated materials
outside the United States.
(2) In evaluating options for purposes of the report, the Secretary
shall consult with the Nuclear Regulatory Commission and the
International Atomic Energy Agency on the feasibility and advisability
of actions to reduce the risks associated with terrorist attacks on
nuclear reactors outside the United States.
(b) Joint Programs With Russia on Proliferation-Resistant Nuclear
Energy Technologies.--(1) The Secretary shall pursue with the Ministry
of Atomic Energy of the Russian Federation joint programs between the
United States and the Russian Federation on the development of
proliferation-resistant nuclear energy technologies, including advanced
fuel cycles.
(2) Of the amount authorized to be appropriated by section
3101(a)(2) for the Department of Energy for the National Nuclear
Security Administration for defense nuclear nonproliferation, up to
$10,000,000 may be available for carrying out the joint programs
referred to in paragraph (1).
(c) Assistance Regarding Hostile Insiders.--The Secretary may,
utilizing appropriate expertise of the Department of Energy and the
Nuclear Regulatory Commission, provide technical assistance to nuclear
reactor facilities outside the United States with respect to the
interdiction of hostile insiders at such facilities in order to prevent
incidents arising from the disablement of the vital systems of such
facilities.
SEC. 3159. <<NOTE: 50 USC 2345.>> EXPORT CONTROL PROGRAMS.
(a) Authority To Pursue Options for Strengthening Export Control
Programs.--The Secretary of Energy, in coordination with the Secretary
of State, may pursue in the region of the former Soviet Union and other
regions of concern options for accelerating programs that assist the
countries in such regions in improving their domestic export control
programs for materials, technologies, and expertise relevant to the
construction or use of a nuclear or radiological dispersal device.
(b) Amount for Activities.--Of the amount authorized to be
appropriated by section 3101(a)(2) for the Department of Energy for the
National Nuclear Security Administration for defense
[[Page 116 STAT. 2742]]
nuclear nonproliferation, up to $5,000,000 may be available for carrying
out this section.
SEC. 3160. <<NOTE: 22 USC 5952 note.>> PLAN FOR ACCELERATED RETURN OF
WEAPONS-USABLE NUCLEAR MATERIALS.
(a) Plan for Accelerated Return.--The Secretary of Energy shall work
with the Russian Federation to develop a plan to accelerate the return
to Russia of all weapons-usable nuclear materials located in research
reactors and other facilities outside Russia that were supplied by the
former Soviet Union.
(b) Funding and Schedules.--As part of the plan under subsection
(a), the Secretary shall identify the funding and schedules required to
assist the research reactors and facilities referred to in that
subsection in--
(1) transferring highly enriched uranium to Russia; and
(2) upgrading the materials protection, control, and
accounting procedures at such research reactors and facilities
until the weapons-usable nuclear materials in such reactors and
facilities are returned in accordance with that subsection.
(c) Coordination.--The provision of assistance under subsection (b)
shall be closely coordinated with the International Atomic Energy
Agency.
SEC. 3161. SENSE OF CONGRESS ON AMENDMENT OF CONVENTION ON PHYSICAL
PROTECTION OF NUCLEAR MATERIALS.
(a) Sense of Congress.--It is the sense of Congress that the
President should encourage amendment of the Convention on the Physical
Protection of Nuclear Materials in order to provide that the Convention
shall--
(1) apply to both the domestic and international use and
transport of nuclear materials;
(2) incorporate fundamental practices for the physical
protection of such materials; and
(3) address protection against sabotage involving nuclear
materials.
(b) Convention on the Physical Protection of Nuclear Material
Defined.--In this section, the term ``Convention on the Physical
Protection of Nuclear Materials'' means the Convention on the Physical
Protection of Nuclear Materials, With Annex, done at Vienna on October
26, 1979.
SEC. 3162. SENSE OF CONGRESS ON PROGRAM TO SECURE STOCKPILES OF HIGHLY
ENRICHED URANIUM AND PLUTONIUM.
It is the sense of Congress that the Secretary of Energy should, in
consultation with the Secretary of State and Secretary of Defense,
develop a comprehensive program of activities to encourage all countries
with nuclear materials to adhere to, or to adopt standards equivalent
to, the International Atomic Energy Agency standard on The Physical
Protection of Nuclear Material and Nuclear Facilities (INFCIRC/225/
Rev.4), relating to the security of stockpiles of highly enriched
uranium (HEU) and plutonium (Pu).
[[Page 116 STAT. 2743]]
Subtitle D--Other Matters
SEC. 3171. INDEMNIFICATION OF DEPARTMENT OF ENERGY CONTRACTORS.
Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C.
2210(d)(1)(A)) is amended by striking ``until August 1, 2002,'' and
inserting ``until December 31, 2004,''.
SEC. 3172. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS
NATIONAL LABORATORY, NEW MEXICO.
(a) Support for Fiscal Year 2003.--From amounts authorized to be
appropriated to the Secretary of Energy by this title, $6,900,000 shall
be available for payment by the Secretary for fiscal year 2003 to the
Los Alamos National Laboratory Foundation, a not-for-profit foundation
chartered as described in section 3167(a) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
2052).
(b) Use of Funds.--The foundation referred to in subsection (a)
shall--
(1) utilize funds provided under this section as a
contribution to the endowment fund for the foundation; and
(2) use the income generated from investments in the
endowment fund that are attributable to the payment made under
this section to fund programs to support the educational needs
of children in the public schools in the vicinity of Los Alamos
National Laboratory, New Mexico.
(c) Repeal of Superseded Authority and Modification of Authority To
Extend Contract.--(1) Subsection (b) of section 3136 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1368) is amended to read as follows:
``(b) Support for Fiscal Years 2003 through 2005.--Subject to the
availability of appropriations, the Secretary may provide for a contract
extension through fiscal year 2005 similar to the contract extension
referred to in subsection (a)(2).''.
(2) <<NOTE: Effective date.>> The amendment made by paragraph (1)
shall take effect on October 1, 2002.
(d) Report.--(1) The Secretary of Energy, in consultation with the
Administrator for Nuclear Security, shall conduct a study of options for
funding the contract extension authorized by subsection (b) of such
section 3136 (as amended by subsection (c)) other than through annual
appropriations. The study should also include options for providing cost
of living adjustments to teachers in the public schools in the vicinity
of Los Alamos National Laboratory, New Mexico, other than through such
contract extension.
(2) <<NOTE: Deadline.>> Not later than December 31, 2003, the
Secretary shall submit to the congressional defense committees a report
on the study conducted under paragraph (1). The report shall set forth
the findings and conclusions of the study, together with any
recommendations as a result of the study.
SEC. 3173. WORKER HEALTH AND SAFETY RULES FOR DEPARTMENT OF ENERGY
NUCLEAR FACILITIES.
(a) Worker Health and Safety Rules.--The Atomic Energy Act of 1954
is amended by inserting after section 234B (42 U.S.C. 2282b) the
following new section:
[[Page 116 STAT. 2744]]
``SEC. <<NOTE: 42 USC 2282c.>> 234C. WORKER HEALTH AND SAFETY RULES FOR
DEPARTMENT OF ENERGY NUCLEAR FACILITIES.
``a. Regulations Required.--
``(1) In general.--The Secretary shall promulgate
regulations for industrial and construction health and safety at
Department of Energy facilities that are operated by contractors
covered by agreements of indemnification under section 170 d. of
the Atomic Energy Act of 1954, after public notice and
opportunity for comment under section 553 of title 5, United
States Code (commonly known as the `Administrative Procedure
Act'). Such regulations shall, subject to paragraph (3), provide
a level of protection for workers at such facilities that is
substantially equivalent to the level of protection currently
provided to such workers at such facilities.
``(2) Applicability.--The regulations promulgated under
paragraph (1) shall not apply to any facility that is a
component of, or any activity conducted under, the Naval Nuclear
Propulsion Program provided for under Executive Order No. 12344,
dated February 1, 1982 (42 U.S.C. 7158 note) (as in force
pursuant to section 1634 of the Department of Defense
Authorization Act, 1985 (Public Law 98-525; 42 U.S.C. 7158
note)).
``(3) Flexibility.--In promulgating the regulations under
paragraph (1), the Secretary shall include flexibility--
``(A) to tailor implementation of such regulations
to reflect activities and hazards associated with a
particular work environment;
``(B) to take into account special circumstances at
a facility that is, or is expected to be, permanently
closed and that is expected to be demolished, or title
to which is expected to be transferred to another entity
for reuse; and
``(C) to achieve national security missions of the
Department of Energy in an efficient and timely manner.
``(4) No effect on health and safety enforcement.--This
subsection does not diminish or otherwise affect the enforcement
or the application of any other law, regulation, order, or
contractual obligation relating to worker health and safety.
``b. Civil Penalties.--
``(1) In general.--A person (or any subcontractor or
supplier of the person) who has entered into an agreement of
indemnification under section 170 d. (or any subcontractor or
supplier of the person) that violates (or is the employer of a
person that violates) any regulation promulgated under
subsection a. shall be subject to a civil penalty of not more
than $70,000 for each such violation.
``(2) Continuing violations.--If any violation under this
subsection is a continuing violation, each day of the violation
shall constitute a separate violation for the purpose of
computing the civil penalty under paragraph (1).
``c. Contract Penalties.--
``(1) In general.--The Secretary shall include in each
contract with a contractor of the Department who has entered
into an agreement of indemnification under section 170 d.
provisions that provide an appropriate reduction in the fees or
amounts paid to the contractor under the contract in the event
[[Page 116 STAT. 2745]]
of a violation by the contractor or contractor employee of any
regulation promulgated under subsection a.
``(2) Contents.--The provisions shall specify various
degrees of violations and the amount of the reduction
attributable to each degree of violation.
``d. Coordination of Penalties.--
``(1) Choice of penalties.--For any violation by a person of
a regulation promulgated under subsection a., the Secretary
shall pursue either civil penalties under subsection b. or
contract penalties under subsection c., but not both.
``(2) Maximum amount.--In the case of an entity described in
subsection d. of section 234A, the total amount of civil
penalties under subsection b. and contract penalties under
subsection c. in a fiscal year may not exceed the total amount
of fees paid by the Department of Energy to that entity in that
fiscal year.
``(3) Coordination with section 234a.--The Secretary shall
ensure that a contractor of the Department is not penalized both
under this section and under section 234A for the same
violation.''.
(b) Promulgation <<NOTE: 42 USC 2282c note.>> of Initial
Regulations.--
(1) Deadline for promulgating regulations.--The Secretary of
Energy shall promulgate the regulations required by subsection
a. of section 234C of the Atomic Energy Act of 1954 (as added by
subsection (a)) not later than one year after the date of the
enactment of this Act.
(2) Effective date.--The regulations promulgated under
paragraph (1) shall take effect on the date that is one year
after the promulgation date of the regulations.
(c) Prohibition.--The <<NOTE: 42 USC 2282c note.>> Secretary of
Energy shall not participate in or otherwise support any study or other
project relating to a modification in the scope of the regulations
enforceable by civil penalties under section 234A or 234C of the Atomic
Energy Act of 1954, or the responsibility of the Secretary to implement
and enforce such regulations, until after the date on which the
regulations for such purposes under such section 234C take effect in
accordance with subsection (b).
SEC. 3174. EXTENSION OF AUTHORITY TO APPOINT CERTAIN SCIENTIFIC,
ENGINEERING, AND TECHNICAL PERSONNEL.
Section 3161(c)(1) of the National Defense Authorization Act for
Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by striking
``September 30, 2002'' and inserting ``September 30, 2004''.
SEC. 3175. ONE-YEAR EXTENSION OF PANEL TO ASSESS THE RELIABILITY,
SAFETY, AND SECURITY OF THE UNITED STATES NUCLEAR STOCKPILE.
Section 3159 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (42 U.S.C. 2121 note) is amended--
(1) in subsection (f), by striking ``atomic energy defense
activities'' and inserting ``the National Nuclear Security
Administration'';
(2) in subsection (g), by striking ``three years'' and all
that follows through the period at the end and inserting ``April
1, 2003.''; and
(3) by adding at the end the following new subsection:
[[Page 116 STAT. 2746]]
``(i) Follow-Up <<NOTE: Deadline.>> Report.--Not later than February
1, 2003, the panel shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a follow-up report assessing progress toward meeting the
expectations set forth by the panel for the United States stockpile
stewardship program, and making recommendations for corrective
legislative action where progress has been unsatisfactory.''.
SEC. 3176. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT INITIATIVES TO
ACCELERATE THE REDUCTION OF ENVIRONMENTAL RISKS AND
CHALLENGES POSED BY THE LEGACY OF THE COLD WAR.
(a) Report Required.--The Secretary of Energy shall prepare a report
on the status of those environmental management initiatives specified in
subsection (c) that are being undertaken to accelerate the reduction of
the environmental risks and challenges that, as a result of the legacy
of the Cold War, are faced by the Department of Energy, contractors of
the Department, and applicable Federal and State agencies with
regulatory jurisdiction.
(b) Contents.--The report shall include the following matters:
(1) A discussion of the progress made in reducing such risks
and challenges in each of the following areas:
(A) Acquisition strategy and contract management.
(B) Regulatory agreements.
(C) Interim storage and final disposal of high-level
waste, spent nuclear fuel, transuranic waste, and low-
level waste.
(D) Closure and transfer of environmental
remediation sites.
(E) Achievements in innovation by contractors of the
Department with respect to accelerated risk reduction
and cleanup.
(F) Consolidation of special nuclear materials and
improvements in safeguards and security.
(2) An assessment of the progress made in streamlining risk
reduction processes of the environmental management program of
the Department.
(3) An assessment of the progress made in improving the
responsiveness and effectiveness of the environmental management
program of the Department.
(4) Any proposals for legislation that the Secretary
considers necessary to carry out such initiatives, including the
justification for each such proposal.
(c) Initiatives Covered.--The environmental management initiatives
referred to in subsection (a) are the initiatives arising out of the
report titled ``Top-to-Bottom Review of the Environmental Management
Program'' and dated February 4, 2002, with respect to the environmental
restoration and waste management activities of the Department of Energy
in carrying out programs necessary for national security.
(d) Submission of Report.--On the date on which the budget
justification materials in support of the Department of Energy budget
for fiscal year 2004 (as submitted with the budget of the President
under section 1105(a) of title 31, United States Code) are submitted to
Congress, the Secretary shall submit to the
[[Page 116 STAT. 2747]]
congressional defense committees the report required by subsection (a).
Subtitle E--Disposition of Weapons-Usable Plutonium at Savannah River,
South Carolina
SEC. 3181. FINDINGS.
Congress makes the following findings:
(1) In September 2000, the United States and the Russian
Federation signed a Plutonium Management and Disposition
Agreement by which each agreed to dispose of 34 metric tons of
weapons-grade plutonium.
(2) The agreement with Russia is a significant step toward
safeguarding nuclear materials and preventing their diversion to
rogue states and terrorists.
(3) The Department of Energy plans to dispose of 34 metric
tons of weapons-grade plutonium in the United States before the
end of 2019 by converting the plutonium to a mixed-oxide fuel to
be used in commercial nuclear power reactors.
(4) The Department has formulated a plan for implementing
the agreement with Russia through construction of a mixed-oxide
fuel fabrication facility, the so-called MOX facility, and a pit
disassembly and conversion facility at the Savannah River Site,
Aiken, South Carolina.
(5) The United States and the State of South Carolina have a
compelling interest in the safe, proper, and efficient operation
of the plutonium disposition facilities at the Savannah River
Site. The MOX facility will also be economically beneficial to
the State of South Carolina, and that economic benefit will not
be fully realized unless the MOX facility is built.
(6) The State of South Carolina desires to ensure that all
plutonium transferred to the State of South Carolina is stored
safely; that the full benefits of the MOX facility are realized
as soon as possible; and, specifically, that all defense
plutonium or defense plutonium materials transferred to the
Savannah River Site either be processed or be removed
expeditiously.
SEC. 3182. DISPOSITION OF WEAPONS-USABLE PLUTONIUM AT SAVANNAH RIVER
SITE.
(a) Plan for Construction and Operation of MOX Facility.--
(1) <<NOTE: Deadline.>> Not later than February 1, 2003, the Secretary
of Energy shall submit to Congress a plan for the construction and
operation of the MOX facility at the Savannah River Site, Aiken, South
Carolina.
(2) The plan under paragraph (1) shall include--
(A) a schedule for construction and operations so as to
achieve, as of January 1, 2009, and thereafter, the MOX
production objective, and to produce 1 metric ton of mixed-oxide
fuel by December 31, 2009; and
(B) a schedule of operations of the MOX facility designed so
that 34 metric tons of defense plutonium and defense plutonium
materials at the Savannah River Site will be processed into
mixed-oxide fuel by January 1, 2019.
[[Page 116 STAT. 2748]]
(3)(A) <<NOTE: Deadline. Reports.>> Not later than February 15 each
year, beginning in 2004 and continuing for as long as the MOX facility
is in use, the Secretary shall submit to Congress a report on the
implementation of the plan required by paragraph (1).
(B) Each report under subparagraph (A) for years before 2010 shall
include--
(i) an assessment of compliance with the schedules included
with the plan under paragraph (2); and
(ii) a certification by the Secretary whether or not the MOX
production objective can be met by January 2009.
(C) Each report under subparagraph (A) for years after 2009 shall--
(i) address whether the MOX production objective has been
met; and
(ii) assess progress toward meeting the obligations of the
United States under the Plutonium Management and Disposition
Agreement.
(D) Each report under subparagraph (A) for years after 2017 shall
also include an assessment of compliance with the MOX production
objective and, if not in compliance, the plan of the Secretary for
achieving one of the following:
(i) Compliance with such objective.
(ii) Removal of all remaining defense plutonium and defense
plutonium materials from the State of South Carolina.
(b) Corrective <<NOTE: Deadline.>> Actions.--(1) If a report under
subsection (a)(3) indicates that construction or operation of the MOX
facility is behind the applicable schedule under subsection (a)(2) by 12
months or more, the Secretary shall submit to Congress, not later than
August 15 of the year in which such report is submitted, a plan for
corrective actions to be implemented by the Secretary to ensure that the
MOX facility project is capable of meeting the MOX production objective
by January 1, 2009.
(2) If a plan is submitted under paragraph (1) in any year after
2008, the plan shall include corrective actions to be implemented by the
Secretary to ensure that the MOX production objective is met.
(3) Any plan for corrective actions under paragraph (1) or (2) shall
include established milestones under such plan for achieving compliance
with the MOX production objective.
(4) If, before January 1, 2009, the Secretary determines that there
is a substantial and material risk that the MOX production objective
will not be achieved by 2009 because of a failure to achieve milestones
set forth in the most recent corrective action plan under this
subsection, the Secretary shall suspend further transfers of defense
plutonium and defense plutonium materials to be processed by the MOX
facility until such risk is addressed and the Secretary certifies that
the MOX production objective can be met by 2009.
(5) If, after January 1, 2009, the Secretary determines that the MOX
production objective has not been achieved because of a failure to
achieve milestones set forth in the most recent corrective action plan
under this subsection, the Secretary shall suspend further transfers of
defense plutonium and defense plutonium materials to be processed by the
MOX facility until the Secretary certifies that the MOX production
objective can be met.
(6)(A) Upon making a determination under paragraph (4) or (5), the
Secretary shall submit to Congress a report on the options
[[Page 116 STAT. 2749]]
for removing from the State of South Carolina an amount of defense
plutonium or defense plutonium materials equal to the amount of defense
plutonium or defense plutonium materials transferred to the State of
South Carolina after April 15, 2002.
(B) Each report under subparagraph (A) shall include an analysis of
each option set forth in the report, including the cost and schedule for
implementation of such option, and any requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to
consideration or selection of such option.
(C) Upon submittal of a report under paragraph (A), the Secretary
shall commence any analysis that may be required under the National
Environmental Policy Act of 1969 in order to select among the options
set forth in the report.
(c) Contingent <<NOTE: Deadlines.>> Requirement for Removal of
Plutonium and Materials From Savannah River Site.--If the MOX production
objective is not achieved as of January 1, 2009, the Secretary shall,
consistent with the National Environmental Policy Act of 1969 and other
applicable laws, remove from the State of South Carolina, for storage or
disposal elsewhere--
(1) not later than January 1, 2011, not less than 1 metric
ton of defense plutonium or defense plutonium materials; and
(2) not later than January 1, 2017, an amount of defense
plutonium or defense plutonium materials equal to the amount of
defense plutonium or defense plutonium materials transferred to
the Savannah River Site between April 15, 2002 and January 1,
2017, but not processed by the MOX facility.
(d) Economic and Impact Assistance.--(1) If the MOX production
objective is not achieved as of January 1, 2011, the Secretary shall,
from funds available to the Secretary, pay to the State of South
Carolina each year beginning on or after that date through 2016 for
economic and impact assistance an amount equal to $1,000,000 per day,
not to exceed $100,000,000 per year, until the later of--
(A) the date on which the MOX production objective is
achieved in such year; or
(B) the date on which the Secretary has removed from the
State of South Carolina in such year at least 1 metric ton of
defense plutonium or defense plutonium materials.
(2)(A) If, as of January 1, 2017, the MOX facility has not processed
mixed-oxide fuel from defense plutonium and defense plutonium materials
in the amount of not less than--
(i) one metric ton, in each of any two consecutive calendar
years; and
(ii) three metric tons total,
the Secretary shall, from funds available to the Secretary, pay to the
State of South Carolina for economic and impact assistance an amount
equal to $1,000,000 per day, not to exceed $100,000,000 per year, until
the removal by the Secretary from the State of South Carolina of an
amount of defense plutonium or defense plutonium materials equal to the
amount of defense plutonium or defense plutonium materials transferred
to the Savannah River Site between April 15, 2002, and January 1, 2017,
but not processed by the MOX facility.
(B) Nothing in this paragraph may be construed to terminate,
supersede, or otherwise affect any other requirements of this section.
[[Page 116 STAT. 2750]]
(3) If the State of South Carolina obtains an injunction that
prohibits the Department from taking any action necessary for the
Department to meet any deadline specified by this subsection, that
deadline shall be extended for a period of time equal to the period of
time during which the injunction is in effect.
(e) Failure To Complete Planned Disposition Program.--If on July 1
each year beginning in 2020 and continuing for as long as the MOX
facility is in use, less than 34 metric tons of defense plutonium or
defense plutonium materials have been processed by the MOX facility, the
Secretary shall submit to Congress a plan for--
(1) completing the processing of 34 metric tons of defense
plutonium and defense plutonium material by the MOX facility; or
(2) removing from the State of South Carolina an amount of
defense plutonium or defense plutonium materials equal to the
amount of defense plutonium or defense plutonium materials
transferred to the Savannah River Site after April 15, 2002, but
not processed by the MOX facility.
(f) Removal of Mixed-Oxide Fuel Upon Completion of Operations of MOX
Facility.--If, one year after the date on which operation of the MOX
facility permanently ceases, any mixed-oxide fuel remains at the
Savannah River Site, the Secretary shall submit to Congress--
(1) <<NOTE: Reports.>> a report on when such fuel will be
transferred for use in commercial nuclear reactors; or
(2) a plan for removing such fuel from the State of South
Carolina.
(g) Definitions.--In this section:
(1) MOX production objective.--The term ``MOX production
objective'' means production at the MOX facility of mixed-oxide
fuel from defense plutonium and defense plutonium materials at
an average rate equivalent to not less than one metric ton of
mixed-oxide fuel per year. The average rate shall be determined
by measuring production at the MOX facility from the date the
facility is declared operational to the Nuclear Regulatory
Commission through the date of assessment.
(2) MOX facility.--The term ``MOX facility'' means the
mixed-oxide fuel fabrication facility at the Savannah River
Site, Aiken, South Carolina.
(3) Defense plutonium; defense plutonium materials.--The
terms ``defense plutonium'' and ``defense plutonium materials''
mean weapons-usable plutonium.
SEC. 3183. STUDY OF FACILITIES FOR STORAGE OF PLUTONIUM AND PLUTONIUM
MATERIALS AT SAVANNAH RIVER SITE.
(a) Study.--The Defense Nuclear Facilities Safety Board shall
conduct a study of the adequacy of the K-Area Materials Storage facility
(KAMS), and related support facilities such as Building 235-F, at the
Savannah River Site, Aiken, South Carolina, for the storage of defense
plutonium and defense plutonium materials in connection with the
disposition program provided in section 3182 and in connection with the
amended Record of Decision of the Department of Energy for fissile
materials disposition.
(b) Report.--Not <<NOTE: Deadline.>> later than one year after the
date of the enactment of this Act, the Defense Nuclear Facilities Safety
Board
[[Page 116 STAT. 2751]]
shall submit to Congress and the Secretary of Energy a report on the
study conducted under subsection (a).
(c) Report Elements.--The report under subsection (b) shall--
(1) address--
(A) the suitability of KAMS and related support
facilities for monitoring and observing any defense
plutonium or defense plutonium materials stored in KAMS;
(B) the adequacy of the provisions made by the
Department for remote monitoring of such defense
plutonium and defense plutonium materials by way of
sensors and for handling of retrieval of such defense
plutonium and defense plutonium materials; and
(C) the adequacy of KAMS should such defense
plutonium and defense plutonium materials continue to be
stored at KAMS after 2019; and
(2) include such proposals as the Defense Nuclear Facilities
Safety Board considers appropriate to enhance the safety,
reliability, and functionality of KAMS.
(d) Reports <<NOTE: Deadline.>> on Actions on Proposals.--Not later
than 6 months after the date on which the report under subsection (b) is
submitted to Congress, and every year thereafter, the Secretary and the
Board shall each submit to Congress a report on the actions taken by the
Secretary in response to the proposals, if any, included in the report.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2003,
$19,000,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2003, the
National Defense Stockpile Manager may obligate up to $76,400,000 of the
funds in the National Defense Stockpile Transaction Fund established
under subsection (a) of section 9 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of
such funds under subsection (b)(2) of such section, including the
disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection (a)
if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate
[[Page 116 STAT. 2752]]
the additional obligations. The National Defense Stockpile Manager may
make the additional obligations described in the notification after the
end of the 45-day period beginning on the date on which Congress
receives the notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $21,069,000 for fiscal year 2003 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain available
until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2003.
Sec. 3502. Authority to convey vessel USS SPHINX (ARL-24).
Sec. 3503. Independent analysis of title XI insurance guarantee
applications.
Sec. 3504. Preparation as artificial reefs and scrapping of obsolete
vessels.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2003.
Funds are hereby authorized to be appropriated for fiscal year 2003,
to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation for
the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, $93,132,000.
(2) For expenses under the loan guarantee program authorized
by title XI of the Merchant Marine Act, 1936 (46 App. U.S.C.
1271 et seq.), $54,126,000, of which--
(A) $50,000,000 is for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5))) of loan guarantees under the
program; and
(B) $4,126,000 is for administrative expenses
related to loan guarantee commitments under the program.
(3) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, including provision of
assistance under section 7 of Public Law 92-402 (as amended by
this title), $20,000,000.
SEC. 3502. AUTHORITY TO CONVEY VESSEL USS SPHINX (ARL-24).
(a) In General.--Notwithstanding any other law, the Secretary of
Transportation may convey the right, title, and interest of the United
States Government in and to the vessel USS SPHINX (ARL-24), to the
Dunkirk Historical Lighthouse and Veterans Park
[[Page 116 STAT. 2753]]
Museum (a not-for-profit corporation, in this section referred to as the
``recipient'') for use as a military museum, if--
(1) the recipient agrees to use the vessel as a nonprofit
military museum;
(2) the vessel is not used for commercial transportation
purposes;
(3) the recipient agrees to make the vessel available to the
Government when the Secretary requires use of the vessel by the
Government;
(4) the recipient agrees that when the recipient no longer
requires the vessel for use as a military museum--
(A) the recipient will, at the discretion of the
Secretary, reconvey the vessel to the Government in good
condition except for ordinary wear and tear; or
(B) if the Board of Trustees of the recipient has
decided to dissolve the recipient according to the laws
of the State of New York, then--
(i) the recipient shall distribute the vessel,
as an asset of the recipient, to a person that has
been determined exempt from taxation under the
provisions of section 501(c)(3) of the Internal
Revenue Code, or to the Federal Government or a
State or local government for a public purpose;
and
(ii) the vessel shall be disposed of by a
court of competent jurisdiction of the county in
which the principal office of the recipient is
located, for such purposes as the court shall
determine, or to such organizations as the court
shall determine are organized exclusively for
public purposes;
(5) the recipient agrees to hold the Government harmless for
any claims arising from exposure to asbestos, polychlorinated
biphenyls, or lead paint after conveyance of the vessel, except
for claims arising from use by the Government under paragraph
(3) or (4); and
(6) the recipient has available, for use to restore the
vessel, in the form of cash, liquid assets, or a written loan
commitment, financial resources of at least $100,000.
(b) Delivery of Vessel.--If a conveyance is made under this section,
the Secretary shall deliver the vessel at the place where the vessel is
located on the date of enactment of this Act, in its present condition,
and without cost to the Government.
(c) Other Unneeded Equipment.--The Secretary may also convey any
unneeded equipment from other vessels in the National Defense Reserve
Fleet in order to restore the USS SPHINX (ARL-24) to museum quality.
(d) Retention of Vessel in NDRF.--The Secretary shall retain in the
National Defense Reserve Fleet the vessel authorized to be conveyed
under subsection (a), until the earlier of--
(1) 2 years after the date of the enactment of this Act; or
(2) the date of conveyance of the vessel under subsection
(a).
SEC. 3503. INDEPENDENT ANALYSIS OF TITLE XI INSURANCE GUARANTEE
APPLICATIONS.
Section 1104A of the Merchant Marine Act, 1936 (46 App. U.S.C. 1274)
is amended--
[[Page 116 STAT. 2754]]
(1) by adding at the end of subsection (d) the following:
``(4) The Secretary may obtain independent analysis of an
application for a guarantee or commitment to guarantee under this
title.''; and
(2) in subsection (f) by inserting ``(including for
obtaining independent analysis under subsection (d)(4))'' after
``applications for a guarantee''.
SEC. 3504. PREPARATION AS ARTIFICIAL REEFS AND SCRAPPING OF OBSOLETE
VESSELS.
(a) Financial Assistance to States for Preparation of Transferred
Obsolete Ships for Use as Artificial Reefs.--(1) Public Law 92-402 (16
U.S.C. 1220 et seq.) is amended--
(A) <<NOTE: 16 USC 1220d.>> by redesignating section 7 as
section 8; and
(B) by inserting after section 6 the following new section
7:
``SEC. 7. <<NOTE: 16 USC 1220c-1.>> FINANCIAL ASSISTANCE TO STATE TO
PREPARE TRANSFERRED SHIP.
``(a) Assistance Authorized.--The Secretary, subject to the
availability of appropriations, may provide, to any State to which an
obsolete ship is transferred under this Act, financial assistance to
prepare the ship for use as an artificial reef, including for--
``(1) environmental remediation;
``(2) towing; and
``(3) sinking.
``(b) Amount of Assistance.--The Secretary shall determine the
amount of assistance under this section with respect to an obsolete ship
based on--
``(1) the total amount available for providing assistance
under this section;
``(2) the benefit achieved by providing assistance for that
ship; and
``(3) the cost effectiveness of disposing of the ship by
transfer under this Act and provision of assistance under this
section, compared to other disposal options for that ship.
``(c) Terms and Conditions.--The Secretary--
``(1) shall require a State seeking assistance under this
section to provide cost data and other information determined by
the Secretary to be necessary to justify and document the
assistance; and
``(2) may require a State receiving such assistance to
comply with terms and conditions necessary to protect the
environment and the interests of the United States.''.
(2) Section 4(4) of such Act (16 U.S.C. 1220a(4)) is amended by
inserting ``(except for any financial assistance provided under section
7)'' after ``at no cost to the Government''.
(b) Environmental <<NOTE: 16 USC 1220 note. Deadline.>> Best
Management Practices for Preparing Vessels for Use as Artificial
Reefs.--(1) Not later than September 30, 2003, the Secretary of
Transportation, acting through the Maritime Administration, and the
Administrator of the Environmental Protection Agency shall jointly
develop environmental best management practices to be used in the
preparation of vessels for use as artificial reefs.
(2) The environmental best management practices under paragraph (1)
shall be developed in consultation with the heads of other Federal
agencies, and State agencies, having an interest in the use of vessels
as artificial reefs.
[[Page 116 STAT. 2755]]
(3) The environmental best management practices under paragraph (1)
shall--
(A) include practices for the preparation of vessels for use
as artificial reefs to ensure that vessels so prepared will be
environmentally sound in their use as artificial reefs;
(B) ensure that such practices are consistent nationwide;
(C) establish baselines for estimating the costs associated
with the preparation of vessels for use as artificial reefs; and
(D) include mechanisms to enhance the utility of the
Artificial Reefing Program of the Maritime Administration as an
option for the disposal of obsolete vessels.
(4) The environmental best management practices developed under
paragraph (1) shall serve as national guidelines to be used by Federal
agencies for the preparation of vessels for use as artificial reefs.
(5) <<NOTE: Reports.>> The Secretary of Transportation shall submit
to Congress a report on the environmental best management practices
developed under paragraph (1) through the existing ship disposal
reporting requirements in section 3502 of Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 1654A-492). The report shall describe such
practices, and may include such other matters as the Secretary considers
appropriate.
(c) Pilot <<NOTE: 16 USC 5405 note.>> Program on Export of Obsolete
Vessels for Dismantlement and Recycling.--(1)(A) The Secretary of
Transportation, Secretary of State, and Administrator of the
Environmental Protection Agency shall jointly carry out one or more
pilot programs through the Maritime Administration to explore the
feasibility and advisability of various alternatives for exporting
obsolete vessels in the National Defense Reserve Fleet for purposes of
the dismantlement and recycling of such vessels.
(B) The pilot programs shall be carried out in accordance with
applicable provisions of law and regulations.
(2)(A) The pilot programs under paragraph (1) shall be carried out
during fiscal year 2003.
(B) The pilot programs shall include a total of not more than four
vessels.
(C) The authority provided by this subsection is in addition to any
other authority available to Maritime Administration for exporting
obsolete vessels in the National Defense Reserve Fleet.
(3) Activities under the pilot programs under paragraph (1) shall
include the following:
(A) Exploration of the feasibility and advisability of a
variety of alternatives (developed for purposes of the pilot
programs) for exporting obsolete vessels in the National Defense
Reserve Fleet for purposes of the dismantlement and recycling of
such vessels.
(B) Response by the Maritime Administration to proposals
from the international ship recycling industry for innovative
and cost-effective disposal solutions for obsolete vessels in
the National Defense Reserve Fleet, including an evaluation of
the feasibility and advisability of such proposals.
(C) Demonstration of the extent to which the cost-effective
dismantlement or recycling of obsolete vessels in the National
Defense Reserve Fleet can be accomplished abroad in manner that
appropriately addresses concerns regarding worker health and
safety and the environment.
[[Page 116 STAT. 2756]]
(D) Opportunities to transfer abroad processes,
methodologies, and technologies for ship dismantlement and
recycling in order to support the pilot programs and to improve
international practices and standards for ship dismantlement and
recycling.
(E) Exploration of cooperative efforts with foreign
governments (under a global action program on ship recycling or
other program) in order to foster economically and
environmentally sound ship recycling abroad.
(4) The Secretary of Transportation shall submit to Congress a
report on the pilot programs under paragraph (1) through the existing
ship disposal reporting requirements in section 3502 of Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001. The report
shall include a description of the activities under the pilot programs,
and such recommendations for further legislative or administrative
action as the Secretary considers appropriate.
(d) Construction.--Nothing <<NOTE: 16 USC 5405 note.>> in this
section shall be construed to establish a preference for the reefing or
export of obsolete vessels in the National Defense Reserve Fleet over
other alternatives available to the Secretary for the scrapping of such
vessels under section 3502(d)(3) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001.
TITLE <<NOTE: Atomic Energy Defense Act.>> XXXVI--ATOMIC ENERGY DEFENSE
PROVISIONS
Sec. 3601. Short title.
Subtitle A--[Reserved]
Subtitle B--Department of Energy National Security Authorizations
General Provisions
Sec. 3620. Definitions.
Sec. 3621. Reprogramming.
Sec. 3622. Minor construction projects.
Sec. 3623. Limits on construction projects.
Sec. 3624. Fund transfer authority.
Sec. 3625. Conceptual and construction design.
Sec. 3626. Authority for emergency planning, design, and construction
activities.
Sec. 3627. Scope of authority to carry out plant projects.
Sec. 3628. Availability of funds.
Sec. 3629. Transfer of defense environmental management funds.
Sec. 3630. Transfer of weapons activities funds.
Sec. 3631. Funds available for all national security programs of the
Department of Energy.
SEC. 3601. <<NOTE: 42 USC 7101 note.>> SHORT TITLE.
This title may be cited as the ``Atomic Energy Defense Act''.
Subtitle A--[Reserved]
Subtitle B--Department of Energy National Security Authorizations
General Provisions
SEC. 3620. <<NOTE: 42 USC 7386.>> DEFINITIONS.
In this subtitle:
[[Page 116 STAT. 2757]]
(1) The term ``DOE national security authorization'' means
an authorization of appropriations for activities of the
Department of Energy in carrying out programs necessary for
national security.
(2) The term ``congressional defense committees'' means--
(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.
(3) The term ``minor construction threshold'' means
$5,000,000.
SEC. 3621. <<NOTE: 42 USC 7386a.>> REPROGRAMMING.
(a) In General.--Except as provided in subsection (b) and in
sections 3629 and 3630, the Secretary of Energy may not use amounts
appropriated pursuant to a DOE national security authorization for a
program--
(1) in amounts that exceed, in a fiscal year--
(A) 115 percent of the amount authorized for that
program by that authorization for that fiscal year; or
(B) $5,000,000 more than the amount authorized for
that program by that authorization for that fiscal year;
or
(2) which has not been presented to, or requested of,
Congress.
(b) Exception Where Notice-and-Wait Given.--An action described in
subsection (a) may be taken if--
(1) the Secretary submits to the congressional defense
committees a report referred to in subsection (c) with respect
to such action; and
(2) a period of 30 days has elapsed after the date on which
such committees receive the report.
(c) Report.--The report referred to in subsection (a) is a report
containing a full and complete statement of the action proposed to be
taken and the facts and circumstances relied upon in support of the
proposed action.
(d) Computation of Days.--In the computation of the 30-day period
under subsection (b), there shall be excluded any day on which either
House of Congress is not in session because of an adjournment of more
than three days to a day certain.
(e) Limitations.--
(1) Total amount obligated.--In no event may the total
amount of funds obligated pursuant to a DOE national security
authorization for a fiscal year exceed the total amount
authorized to be appropriated by that authorization for that
fiscal year.
(2) Prohibited items.--Funds appropriated pursuant to a DOE
national security authorization may not be used for an item for
which Congress has specifically denied funds.
SEC. 3622. <<NOTE: 42 USC 7386b.>> MINOR CONSTRUCTION PROJECTS.
(a) Authority.--Using operation and maintenance funds or facilities
and infrastructure funds authorized by a DOE national security
authorization, the Secretary of Energy may carry out minor construction
projects.
(b) Annual Report.--The Secretary shall submit to the congressional
defense committees on an annual basis a report on each exercise of the
authority in subsection (a) during the preceding
[[Page 116 STAT. 2758]]
fiscal year. Each report shall provide a brief description of each minor
construction project covered by the report.
(c) Cost Variation Reports to Congressional Committees.--If, at any
time during the construction of any minor construction project
authorized by a DOE national security authorization, the estimated cost
of the project is revised and the revised cost of the project exceeds
the minor construction threshold, the Secretary shall immediately submit
to the congressional defense committees a report explaining the reasons
for the cost variation.
(d) Minor Construction Project Defined.--In this section, the term
``minor construction project'' means any plant project not specifically
authorized by law for which the approved total estimated cost does not
exceed the minor construction threshold.
SEC. 3623. <<NOTE: 42 USC 7386c.>> LIMITS ON CONSTRUCTION PROJECTS.
(a) Construction Cost Ceiling.--Except as provided in subsection
(b), construction on a construction project which is in support of
national security programs of the Department of Energy and was
authorized by a DOE national security authorization may not be started,
and additional obligations in connection with the project above the
total estimated cost may not be incurred, whenever the current estimated
cost of the construction project exceeds by more than 25 percent the
higher of--
(1) the amount authorized for the project; or
(2) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted
to Congress.
(b) Exception Where Notice-and-Wait Given.--An action described in
subsection (a) may be taken if--
(1) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and the
circumstances making such action necessary; and
(2) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(c) Computation of Days.--In the computation of the 30-day period
under subsection (b), there shall be excluded any day on which either
House of Congress is not in session because of an adjournment of more
than three days to a day certain.
(d) Exception for Minor Projects.--Subsection (a) does not apply to
a construction project with a current estimated cost of less than the
minor construction threshold.
SEC. 3624. <<NOTE: 42 USC 7386d.>> FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy may
transfer funds authorized to be appropriated to the Department of Energy
pursuant to a DOE national security authorization to other Federal
agencies for the performance of work for which the funds were
authorized. Funds so transferred may be merged with and be available for
the same purposes and for the same time period as the authorizations of
the Federal agency to which the amounts are transferred.
(b) Transfer Within Department of Energy.--
(1) Transfers permitted.--Subject to paragraph (2), the
Secretary of Energy may transfer funds authorized to be
appropriated to the Department of Energy pursuant to a DOE
national security authorization to any other DOE national
security authorization. Amounts of authorizations so transferred
may be merged with and be available for the same purposes
[[Page 116 STAT. 2759]]
and for the same period as the authorization to which the
amounts are transferred.
(2) Maximum amounts.--Not more than 5 percent of any such
authorization may be transferred to another authorization 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 congressional defense committees of any transfer of funds to
or from any DOE national security authorization.
SEC. 3625. <<NOTE: 42 USC 7386e.>> CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Conceptual Design.--
(1) Requirement.--Subject to paragraph (2) and except as
provided in paragraph (3), before submitting to Congress a
request for funds for a construction project that is in support
of a national security program of the Department of Energy, the
Secretary of Energy shall complete a conceptual design for that
project.
(2) Requests for conceptual design funds.--If the estimated
cost of completing a conceptual design for a construction
project exceeds $3,000,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before
submitting a request for funds for the construction project.
(3) Exceptions.--The requirement in paragraph (1) does not
apply to a request for funds--
(A) for a construction project the total estimated
cost of which is less than the minor construction
threshold; or
(B) for emergency planning, design, and construction
activities under section 3626.
(b) Construction Design.--
(1) Authority.--Within the amounts authorized by a DOE
national security authorization, the Secretary 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) Limitation on availability of funds for certain
projects.--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. 3626. <<NOTE: 42 USC 7386f.>> AUTHORITY FOR EMERGENCY PLANNING,
DESIGN, AND CONSTRUCTION ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available
to the Department of Energy pursuant to a DOE national security
authorization, including funds authorized to be appropriated for advance
planning, engineering, and construction design,
[[Page 116 STAT. 2760]]
and for plant projects, to perform planning, design, and construction
activities for any Department of Energy national security program
construction project that, as determined by the Secretary, must proceed
expeditiously in order to protect public health and safety, to meet the
needs of national defense, or to protect property.
(b) Limitation.--The Secretary may not exercise the authority under
subsection (a) in the case of a construction project until the Secretary
has submitted to the congressional defense committees a report on the
activities that the Secretary intends to carry out under this section
and the circumstances making those activities necessary.
(c) Specific Authority.--The requirement of section 3625(b)(2) does
not apply to emergency planning, design, and construction activities
conducted under this section.
SEC. 3627. <<NOTE: 42 USC 7386g.>> SCOPE OF AUTHORITY TO CARRY OUT PLANT
PROJECTS.
In carrying out programs necessary for national security, the
authority of the Secretary of Energy to carry out plant projects
includes authority for maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the continuation of
projects authorized in prior years, and land acquisition related
thereto.
SEC. 3628. <<NOTE: 42 USC 7386h.>> AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), amounts
appropriated pursuant to a DOE national security authorization for
operation and maintenance or for plant projects may, when so specified
in an appropriations Act, remain available until expended.
(b) Exception for Program Direction Funds.--Amounts appropriated for
program direction pursuant to a DOE national security athorization for a
fiscal year shall remain available to be obligated only until the end of
that fiscal year.
SEC. 3629. <<NOTE: 42 USC 7386i.>> TRANSFER OF DEFENSE ENVIRONMENTAL
MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management Funds.--
The Secretary of Energy shall provide the manager of each field office
of the Department of Energy with the authority to transfer defense
environmental management funds from a program or project under the
jurisdiction of that office to another such program or project.
(b) Limitations.--
(1) Number of transfers.--Not more than one transfer may be
made to or from any program or project under subsection (a) in a
fiscal year.
(2) Amounts transferred.--The amount transferred to or from
a program or project in any one transfer under subsection (a)
may not exceed $5,000,000.
(3) Determination required.--A transfer may not be carried
out by a manager of a field office under subsection (a) unless
the manager determines that the transfer is necessary--
(A) to address a risk to health, safety, or the
environment; or
(B) to assure the most efficient use of defense
environmental management funds at the field office.
(4) Impermissible uses.--Funds transferred pursuant to
subsection (a) may not be used for an item for which Congress
[[Page 116 STAT. 2761]]
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 3621 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later than 30
days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to a
field office of the Department of Energy, a program or project
that is for environmental restoration or waste management
activities necessary for national security programs of the
Department, that is being carried out by that office, and for
which defense environmental management funds have been
authorized and appropriated.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant to
an authorization for carrying out environmental restoration and
waste management activities necessary for national security
programs.
SEC. 3630. <<NOTE: 42 USC 7386j.>> TRANSFER OF WEAPONS ACTIVITIES FUNDS.
(a) Transfer Authority for Weapons Activities Funds.--The Secretary
of Energy shall provide the manager of each field office of the
Department of Energy with the authority to transfer weapons activities
funds from a program or project under the jurisdiction of that office to
another such program or project.
(b) Limitations.--
(1) Number of transfers.--Not more than one transfer may be
made to or from any program or project under subsection (a) in a
fiscal year.
(2) Amounts transferred.--The amount transferred to or from
a program or project in any one transfer under subsection (a)
may not exceed $5,000,000.
(3) Determination required.--A transfer may not be carried
out by a manager of a field office under subsection (a) unless
the manager determines that the transfer--
(A) is necessary to address a risk to health,
safety, or the environment; or
(B) will result in cost savings and efficiencies.
(4) Limitation.--A transfer may not be carried out by a
manager of a field office under subsection (a) to cover a cost
overrun or scheduling delay for any program or project.
(5) Impermissible uses.--Funds transferred pursuant to
subsection (a) may not be used for an item for which Congress
has specifically denied funds or for a new program or project
that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3621 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:
[[Page 116 STAT. 2762]]
(1) The term ``program or project'' means, with respect to a
field office of the Department of Energy, a program or project
that is for weapons activities necessary for national security
programs of the Department, that is being carried out by that
office, and for which weapons activities funds have been
authorized and appropriated.
(2) The term ``weapons activities funds'' means funds
appropriated to the Department of Energy pursuant to an
authorization for carrying out weapons activities necessary for
national security programs.
SEC. 3631. <<NOTE: 42 USC 7386k.>> FUNDS AVAILABLE FOR ALL NATIONAL
SECURITY PROGRAMS OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section 3621,
amounts appropriated pursuant to a DOE national security authorization
for management and support activities and for general plant projects are
available for use, when necessary, in connection with all national
security programs of the Department of Energy.
Approved December 2, 2002.
LEGISLATIVE HISTORY--H.R. 4546 (S. 2514) (S. 2515):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 107-436, Pts. 1 and 2 (Comm. on Armed Services) and
107-772 (Comm. of Conference).
SENATE REPORTS: No. 107-151 accompanyinig S. 2514 (Comm. on Armed
Services).
CONGRESSIONAL RECORD, Vol. 148 (2002):
May 9, considered and passed House.
June 27, considered and passed Senate, amended, in lieu of
S. 2514.
July 25, House concurred in Senate amendment with an
amendment.
Nov. 12, House agreed to conference report.
Nov. 13, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Dec. 2, Presidential remarks and statement.
<all>