HR 4546 IH
107th CONGRESS
2d Session
H. R. 4546
To authorize appropriations for fiscal year 2003 for military
activities of the Department of Defense, and for military construction, to
prescribe military personnel strengths for fiscal year 2003, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
April 23, 2002
Mr. STUMP (for himself and Mr. SKELTON) (both by request) introduced the
following bill; which was referred to the Committee on Armed Services
A BILL
To authorize appropriations for fiscal year 2003 for military
activities of the Department of Defense, and for military construction, to
prescribe military personnel strengths for fiscal year 2003, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Defense Authorization Act for
Fiscal Year 2003'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 2. Table of contents.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 102. Navy and Marine Corps.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
Subtitle B--Multi-Year Contract Authorizations
Sec. 111. Multiyear procurement authority for F/A-18E/F engines.
Sec. 112. Multiyear procurement authority for the C-130J aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Cost limitations applicable to F-22 aircraft program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Subtitle B--Depot Issues
Sec. 311. Repeal of time limitation of exclusion of expenditures on
contracting for depot-level maintenance.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Exclusions from limitation of active duty officers in grades
above major general.
Sec. 403. Extension of authorities relating to management of general
officers.
Subtitle B--Reserve Forces
Sec. 411. End strengths for selected reserve.
Sec. 412. End strengths for reserve on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2003 limitation on number of non-dual status
technicians.
Sec. 415. Increase strength and grade ceilings to account for reserve
component members on active duty in support of a contingency
operation.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Establish additional deputy commandant billet.
Subtitle B--Reserve Component Personnel Policy
Sec. 511. Authority for limited extension of medical deferment of
mandatory retirement or separation for reserve officers.
Sec. 512. Definition for weapon of mass destruction.
Sec. 513. Expansion of reserve component delayed training program.
Subtitle C--Military Spouses and Family Members
Sec. 521. Prohibiting payments of retired pay from members on active
duty.
Sec. 522. Revocation of `ten-year rule' for direct payment of retired
pay.
Sec. 523. Increases for divisions of retired pay expressed as a dollar
amount.
Sec. 524. Allowing member to submit application for direct
payment.
Sec. 525. Allow member to waive notice and provide court order upon
request.
Subtitle D--Military Justice Matters
Sec. 531. Courts-martial for the National Guard when not in Federal
service.
Subtitle E--Other Matters
Sec. 541. Vehicle storage in lieu of transportation when member is
ordered to non-foreign duty station outside continental United States.
Sec. 542. Administrative support and services for foreign liaison
officers.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2003.
Sec. 602. Increase basic allowance for subsistence for members forced to
purchase meals outside messing facilities.
Sec. 603. Extension of basic housing allowance for low cost or no cost
moves to moves outside the United States.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 612. Extension of certain bonus and special pay authorities for
nurse officer candidates, registered nurses, nurse anesthetists, and dental
officers.
Sec. 613. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 614. Increase prior service enlistment bonus.
Sec. 615. Authorize payment of distribution incentive pay.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Equitable compensation support for military funeral
honors.
Sec. 622. Expansion of overseas tour extension benefits.
Sec. 623. Extension of period for use of leave travel entitlement for
consecutive overseas tours.
Subtitle D--Retirement and Survivor Benefit Matters
Sec. 631. Clarification of disability severance pay computation.
Sec. 632. Authority to increase retired pay for enlisted reserve
component personnel decorated for extraordinary heroism.
Sec. 633. Survivor benefit plan; multiple beneficiaries.
Sec. 634. Survivor benefit plan; presumptive proportionate share.
Sec. 635. Survivor benefit plan; financial responsibility for survivor
benefit plan participation.
Subtitle E--Other Matters
Sec. 641. Repeal of limited exemption from ban on honoraria for
personnel at certain Department of Defense schools.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
Sec. 701. Improvements in the administration of the TRICARE
program.
Sec. 702. Dependent dental care enhancements.
Subtitle B--Senior Health Care
Sec. 711. Improvements regarding the Department of Defense
Medicare-Eligible Retiree Health Care Fund.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Live-fire waiver authority.
Sec. 802. Repeal of certification of funding for support costs in the
future years defense program.
Sec. 803. Authority to waive domestic source or content
requirements.
Sec. 804. Purchase of dinitrogen tetroxide, hydrazine, and
hydrazine-related products.
Subtitle B--Use of Preferred Sources
Sec. 811. Eligibility of HUBZone small business concerns and small
business concerns owned and controlled by service-disabled veterans under
the mentor protege program.
Subtitle C--General Contracting Procedures and Limitations
Sec. 821. Contracting for security guards.
Sec. 822. Demonstration project using multi-year contracts for
environmental remediation.
Sec. 823. Micro-purchase exception for ball and roller bearings.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Organization
Sec. 901. Certification for Department of Defense professional
accounting positions.
Sec. 902. Consequence Management Program Integration Office.
Subtitle B--Financial Management
Sec. 911. Pecuniary liability equalizations.
Sec. 912. Accountable officials in the Department of Defense.
Sec. 913. Failure to participate satisfactorily; penalties.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer of funds within acquisition programs; procedures and
limitations.
Sec. 1002. Reimbursement for service intelligence support.
Sec. 1003. Authority to waive reimbursement of Asia-Pacific Center for
Security Studies charges.
Sec. 1004. Cross-fiscal year cooperative agreements for environmental
purposes.
Subtitle B--Repeal and Revision of Various Reporting Requirements
Sec. 1011. Repeal of various reports required of the Department of
Defense.
Sec. 1012. Frequency of certain surveys; section 481 of title 10.
Sec. 1013. Quadrennial defense review.
Subtitle C--Other Matters
Sec. 1021. Explosives Safety Board.
Sec. 1022. Authorize Army and Air Force to provide base operating
support to Fisher Houses.
Sec. 1023. Eligibility of intelligence senior-level employees for
presidential rank awards.
Sec. 1024. Amendment to authority for acceptance by Asia-Pacific Center
for Security Studies of foreign gifts and donations.
TITLE XI--MATTERS RELATING TO OTHER NATIONS
Sec. 1101. Expansion of authority to conduct the Arctic Military
Environmental Cooperation Program.
Sec. 1102. Use of Warsaw Initiative funds for travel of officials from
partner countries.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition
projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2002 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2000 project.
Sec. 2107. Modification of authority to carry out certain fiscal year
1999 project.
Sec. 2108. Modification of authority to carry out certain fiscal year
1997 project.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition
projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification to carry out certain fiscal year 2002
project.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
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.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition
projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES.
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2000
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1999
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction and Military Family Housing
Sec. 2801. Alternative authority for acquisition and improvement of
military housing.
Sec. 2802. Repeal of source requirements for overseas family-- housing
construction.
Subtitle B--Real Property and Facilities Administration
Sec. 2803. Conveyance of surplus real property for natural resource
conservation purposes.
Sec. 2804. Leasing of military family housing in Korea.
Sec. 2805. Program on reduction in long-term facility maintenance
costs.
Sec. 2806. Boundary Channel Drive site land acquisition, Arlington,
Virginia.
Subtitle C--Other Matters
Sec. 2810. Environmental restoration project.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2003 for
procurement of the Army as follows:
(1) For aircraft, $2,061,027,000.
(2) For missiles, $1,642,296,000.
(3) For weapons and tracked combat vehicles, $2,248,558,000.
(4) For ammunition, $1,159,426,000.
(5) For other procurement, $5,168,453,000.
(6) For chemical agents and munitions destruction, $1,490,199,000
for--
(A) the destruction of lethal chemical weapons in accordance with
section 1412 of the Department of Defense Authorization Act, 1986 (50
U.S.C. 1521) and
(B) the destruction of chemical warfare material of the United States
that is not covered by section 1412 of such Act.
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, $8,203,955,000.
(2) For weapons, including missiles and torpedoes, $1,832,617,000.
(3) For shipbuilding and conversion, $8,191,194,000.
(4) For other procurement, $4,347,024,000.
(b) MARINE CORPS- Funds are hereby authorized to be appropriated for
fiscal year 2003 for procurement for the Marine Corps in the amount of
$1,288,383,000.
(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 Marine Corps in the amount of $1,015,153,000.
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, $12,067,405,000.
(2) For missiles, $3,575,162,000.
(3) For procurement of ammunition, $1,133,864,000.
(4) For other procurement, $10,523,946,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2003 for
defense-wide procurement in the amount of $2,688,515,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2003 for
procurement for the Defense Inspector General in the amount of $2,000,000.
SEC. 106. DEFENSE HEALTH PROGRAM.
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--Multi-Year Contract Authorizations
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E/F E ENGINES.
Beginning with the fiscal year 2003 program year, the Secretary of the
Navy may, in accordance with section 2306b of title 10, United States Code,
enter into a multi-year contract for procurement of engines for F/A-18E/F
aircraft.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR C-130J AIRCRAFT.
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 multi-year contract for procurement of C-130J aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS
Funds are hereby authorized to be appropriated for fiscal year 2003 for
the use of the Armed Forces for research, development, test, and evaluation,
as follows:
(1) For the Army, $6,918,494,000.
(2) For the Navy, $12,501,630,000.
(3) For the Air Force, $17,601,233,000.
(4) For Defense-wide research, development, test, and evaluation,
$16,835,605,000, of which $222,054,000 is authorized for the Director of
Operational Test and Evaluation.
(5) For the Defense Health Program, $67,214,000.
Subtitle B--Program Requirements, Restrictions, and
Limitations
SEC. 211. COST LIMITATIONS APPLICABLE TO F-22 AIRCRAFT PROGRAM.
(a) 1998 DEFENSE AUTHORIZATION ACT- Section 217 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1629) is
repealed.
(b) 2001 DEFENSE APPROPRIATIONS ACT- Section 8125 of the Department of
Defense Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 692) is
repealed; and
(c) FLOYD B. SPENCE DEFENSE AUTHORIZATION ACT- Section 219 of the Floyd B.
Spence National Defense Authorization Act for Fiscal year 2001 (Public Law
106-348; 114 Stat. 1654) is repealed.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2003 for
the use of the Armed Forces of the United States and other activities and
agencies of the Department of Defense, for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $24,581,055,000.
(2) For the Navy, $29,028,813,000.
(3) For the Marine Corps, $3,357,952,000.
(4) For the Air Force, $27,304,623,000.
(5) For the Defense-wide activities, $14,515,304,000.
(6) For the Army Reserve, $1,923,330,000.
(7) For the Naval Reserve, $1,165,961,000.
(8) For the Marine Corps Reserve, $185,532,000.
(9) For the Air Force Reserve, $2,190,817,000.
(10) For the Army National Guard, $4,136,822,000.
(11) For the Air National Guard, $4,150,861,000.
(12) For the Defense Inspector General, $163,440,000.
(13) For the United States Court of Appeals for the Armed Forces,
$9,925,000.
(14) For Environmental Restoration, Army, $395,900,000.
(15) For Environmental Restoration, Navy, $256,948,000.
(16) For Environmental Restoration, Air Force, $389,773,000.
(17) For Environmental Restoration, Defense-wide, $23,498,000.
(18) For Environmental Restoration, Formerly Used Defense Sites,
$212,102,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid programs,
$58,400,000.
(20) For Drug Interdiction and Counter-drug Activities, Defense-wide,
$848,907,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $25,000,000.
(22) For the Defense Health Program, $14,360,271,000.
(23) For Cooperative Threat Reduction programs, $416,700,000.
(24) For Overseas Contingency Operations Transfer Fund,
$50,000,000.
(25) For Defense Emergency Response Funds, $20,055,000,000.
(26) For Support for International Sporting Competitions, Defense,
$19,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2003 for
the use of the Armed Forces of the United States 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, $2,338,759,000.
(2) For the National Defense Sealift Fund, $934,129,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2003 from
the Armed Forces Retirement Home Trust Fund the sum of $69,921,000 for the
operation of the Armed Forces Retirement Home, including the United States
Soldiers' and Airmen's Home and the Naval Home.
Subtitle B--Depot Issues
SEC. 311. REPEAL OF TIME LIMITATION ON EXCLUSION OF EXPENDITURES ON
CONTRACTING FOR DEPOT-LEVEL MAINTENANCE.
Paragraph (2) of section 2474(f) of title 10, United States Code, is
amended by striking `for fiscal years 2002 through 2005'.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel as of
September 30, 2003, as follows:
(3) The Marine Corps, 175,000.
(4) The Air Force, 359,000.
SEC. 402. EXCLUSION FROM LIMITATION OF ACTIVE DUTY OFFICERS IN GRADES ABOVE
MAJOR GENERAL OR REAR ADMIRAL; SENIOR MILITARY ASSISTANT TO THE SECRETARY OF
DEFENSE.
Section 525(b) of title 10, United States Code, is amended--
(1) in paragraph (2)(B), by striking `16.2 percent' and inserting `17.5
percent';
(A) by inserting `(A)' after `(3)'; and
(B) by adding at the end the following new subparagraph:
`(B) An officer while serving as the Senior Military Assistant to the
Secretary of Defense, if serving in the grade of general or lieutenant
general, or admiral or vice admiral, is in addition to the number that
otherwise would be permitted for his armed force for that grade under
paragraph (1) or (2).'.
SEC. 403. EXTENSION OF AUTHORITIES RELATING TO MANAGEMENT OF GENERAL
OFFICERS.
(a) SENIOR JOINT OFFICER PROVISIONS- 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 OFFICER 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 LIMITATIONS FOR GENERAL AND FLAG OFFICERS ON
ACTIVE DUTY- Section 526(b)(3) of such title is amended by striking `October
1, 2002' and inserting `December 31, 2004'.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL- The Armed Forces are authorized strengths for Selected
Reserve personnel of the reserve components as of September 30, 2003, as
follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 87,800.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States, 106,600.
(6) The Air Force Reserve, 75,600.
(7) The Coast Guard Reserve, 9,000.
(b) ADJUSTMENTS- The end strengths prescribed by subsection (a) for the
Selected Reserve of any reserve component shall be proportionately reduced
by--
(1) the total authorized strength of units organized to serve as units
of the Selected Reserve of such component which are on active duty (other
than for training) at the end of the fiscal year, and
(2) the total number of individual members not in units organized to
serve as units of the Selected Reserve of such component who are on active
duty (other than for training or for unsatisfactory participation in
training) without their consent at the end of the fiscal year.
Wherever 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 increased
proportionately by the total authorized strengths of such units and by the
total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2003, the
following number of Reserves to be serving on full-time active duty or, in the
case of members of the National Guard, full-time National Guard duty for the
purpose of organizing, administering, recruiting, instructing, or training the
reserve components:
(1) The Army National Guard of the United States, 23,768.
(2) The Army Reserve, 13,588.
(3) The Naval Reserve, 14,572.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,697.
(6) The Air Force Reserve, 1,498.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The reserve components of the Army and the Air Force are authorized
strengths for military technicians (dual status) as of September 30, 2003, as
follows:
(1) For the Army Reserve, 6,349.
(2) For the Army National Guard of the United States, 23,615.
(3) For the Air Force Reserve, 9,911.
(4) For the Air National Guard of the United States, 22,495.
SEC. 414. FISCAL YEAR 2003 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
The number of civilian employees who are non-dual status technicians of a
reserve component of the Army or Air Force 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.
(3) For the Air Force Reserve, 0.
(4) For the Air National Guard of the United States, 350.
SEC. 415. INCREASE STRENGTH AND GRADE CEILINGS TO ACCOUNT FOR RESERVE
COMPONENT MEMBERS ON ACTIVE DUTY IN SUPPORT OF A CONTINGENCY OPERATION.
(a) ACTIVE DUTY STRENGTH ACCOUNTING- Section 115(c) of title 10, United
States Code, is amended--
(1) in paragraph (2), by striking `and' at the end;
(2) in paragraph (3), by striking the period and inserting `; and' at
the end; and
(3) by adding at the end the following new paragraph:
`(4) increase the end strength authorized pursuant to subsection
(a)(1)(A) for a fiscal year for any of the armed forces by a number equal to
the number of members of the reserve components on active duty under section
12301(d) of this title in support of a contingency operation as defined in
section 101(a)(13) of this title.'.
(b) Increase in Authorized Daily Average for Members in Pay Grades E-8 and
E-9 on Active Duty Under Certain Circumstances- Section 517 of such title is
amended by adding at the end the following new paragraph:
`(d) The Secretary of Defense may increase the authorized daily average
number of enlisted members on active duty in an armed force in pay grades E-8
and E-9 in a fiscal year pursuant to subsection (a) by the number of enlisted
members of a reserve component in that armed force in pay grades E-8 and E-9
on active duty under section 12301(d) of this title in support of a
contingency operation as defined in section 101(a)(13) of this title.'.
(c) Increase in Authorized Strengths for Commissioned Officers in Pay
Grades O-4, O-5 and O-6 on Active Duty Under Certain Circumstances- Section
523 of such title is amended--
(1) in paragraphs (a)(1) and (a)(2), by striking `subsection (c)' and
inserting `subsections (c) and (e)'; and
(2) by adding at the end the following new subsection:
`(e) The Secretary of Defense may increase the authorized total number of
commissioned officers serving on active duty at the end of any fiscal year
pursuant to subsection (a) by the number of commissioned officers of a reserve
component of the Army, Navy, Air Force, or Marine Corps on active duty under
section 12301(d) of this title in support of a contingency operation as
defined in section 101(a)13) of this title.'.
(d) INCREASE IN AUTHORIZED STRENGTHS FOR GENERAL AND FLAG OFFICERS ON
ACTIVE DUTY UNDER CERTAIN CIRCUMSTANCES- Section 526(a) of such title is
amended--
(1) by striking `the' the first time it appears;
(2) by inserting `(1) Except as provided in paragraph (2), the' after
`Limitations- ';
(3) by redesignating paragraphs (1), (2), (3) and (4) as subparagraphs
(A), (B), (C) and (D), respectively; and
(4) by inserting after paragraph (1) the following new paragraph
(2):
`(2) The Secretary of Defense may increase the number of general and
flag officers on active duty pursuant to paragraph (1) by the number of
reserve component general and flag officers on active duty under section
12301(d) of this title in support of a contingency operation as defined in
section 101(a)(13) of this title.'.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. ESTABLISH ADDITIONAL DEPUTY COMMANDANT BILLET.
Section 5045 of title 10, United States Code, is amended by striking
`five' and inserting `six'.
Subtitle B--Reserve Component Personnel Policy
SEC. 511. AUTHORITY FOR LIMITED EXTENSION OF MEDICAL DEFERMENT OF MANDATORY
RETIREMENT OR SEPARATION FOR RESERVE OFFICERS.
(a) DEFERMENT OF RETIREMENT OR SEPARATION FOR MEDICAL REASONS- Chapter
1407 of title 10, United States Code, is amended by adding at the end the
following new section:
`Sec. 14519. Deferment of retirement or separation for medical reasons
`(a) If the Secretary of the military department concerned determines that
the evaluation of the physical condition of an officer and determination of
the officer's entitlement to retirement or separation for physical disability
require hospitalization or medical observation and that such hospitalization
or medical observation cannot be completed with confidence in a manner
consistent with the member's well being before the date on which the officer
would otherwise be required to separate, retire, or transfer to the retired
reserve under this title, the Secretary may defer the separation or retirement
or transfer of the officer under this title.
`(b) A deferral of separation, retirement or transfer under subsection (a)
may not extend for more than 30 days after competition of the evaluation
requiring hospitalization or medical observation.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`14519. Deferment of retirement or separation for medical
reasons.'.
SEC. 512. CHANGE DEFINITION OF WEAPON OF MASS DESTRUCTION.
(a) SELECTED RESERVE AND INDIVIDUAL READY RESERVE SUPPORT FOR RESPONSES TO
CERTAIN EMERGENCIES- Section 12304(i)(2) of title 10, United States Code, is
amended by striking `section 1403 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2302(1))' and inserting `section
2332a(c)(2) of title 18'.
(b) RESERVE AND NATIONAL GUARD DUTIES RELATING TO DEFENSE AGAINST WEAPONS
OF MASS DESTRUCTION- Section 12310(c)(1) of such title is amended by striking
`section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996
(50 U.S.C. 2302(1))' and inserting `section 2332a(c)(2) of title 18'.
SEC. 513. EXPANSION OF RESERVE COMPONENT DELAYED TRAINING PROGRAM.
Section 12103(d) of title 10, United States Code, is amended by striking
`270 days' and inserting `one year'.
Subtitle C--Military Spouses and Survivor Benefit Plan
Matters
SEC. 521. PROHIBITING PAYMENTS OF RETIRED PAY FROM MEMBERS ON ACTIVE
DUTY.
Paragraph (3) of section 1408(c) of title 10, United States Code, is
amended by adding at the end the following new sentence: `With respect to any
divorce, dissolution of marriage, annulment, or legal separation, regardless
of when the divorce, dissolution of marriage, annulment, or legal separation
took or takes effect, a court shall not order a member on active duty, while
the member remains on active duty, to make a payment to a spouse or former
spouse when such payment is attributable to the treatment of disposable
retired pay as the property of the member and member's spouse.'.
SEC. 522. REVOCATION OF `TEN-YEAR RULE' FOR DIRECT PAYMENT OF RETIRED
PAY.
(a) REVOCATION OF TEN-YEAR RULE- Section 1408(d) of title 10, United
States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) through (7) as paragraphs (2)
through (6), respectively.
(b) EFFECTIVE DATE- The amendments made by this section shall take effect
on the first day of the first month which begins more than 120 days after the
date of enactment of this Act and shall apply only to payments of retired pay
for periods beginning on or after the effective date of this section in the
case of any former spouse of a member or former member of the uniformed
services.
SEC. 523. INCREASES FOR DIVISIONS OF RETIRED PAY EXPRESSED AS A DOLLAR
AMOUNT.
(a) MONETARY AMOUNT ADJUSTMENT- Section 1408(a)(2)(C) of title 10, United
States Code, is amended by striking `expressed in dollars' and inserting
`expressed as a specific dollar amount, with such amount, if so ordered, being
adjusted in the same manner and at the same time as retired pay is adjusted to
reflect changes in the Consumer Price Index under section 1401a of this
title,'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply with
respect to court orders that become effective after the end of the 90-day
period beginning on the date of enactment of this Act.
SEC. 524. ALLOWING MEMBER TO SUBMIT APPLICATION FOR DIRECT PAYMENT.
(a) PERMIT APPLICATION FOR DIRECT PAYMENT BY MEMBER- The first sentence of
paragraph (1) of section 1408(d) of title 10, United States Code, is amended
by inserting `by a member or former member or the spouse or former spouse of
such member' after `the Secretary concerned'.
(b) CONDITIONS FOR DIRECT PAYMENT- Section 1408(d) of such title is
amended by adding at the end the following new paragraph:
`(8) A former spouse who accepts payment shall be deemed--
`(A) to have consented and agreed to the recovery of any future
overpayments, including recovery by involuntary collection from the former
spouse or his or her estate; and
`(B) to have agreed to give prompt notice in writing to the Secretary
if--
`(i) the operative court order upon which payment is based is
vacated, modified, or set aside;
`(ii) the former spouse remarries, if all or a part of the payment
is for alimony; or
`(iii) the former spouse is ineligible for child support payments
due to the death, emancipation, adoption, or attainment of a child whose
support
is provided through direct payment to a former spouse from retired pay.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
applications for direct payment of retired pay submitted to the Secretary
concerned after the end of the 90-day period beginning on the date of
enactment of this Act.
SEC. 525. ALLOW MEMBER TO WAIVE NOTICE AND PROVIDE COURT ORDER UPON
REQUEST.
(a) ALLOW MEMBER TO WAIVE NOTICE AND PROVIDE COURT ORDER UPON REQUEST-
Section 1408(g) of title 10, United States Code, is amended--
(1) by striking `A person' and inserting `Unless notice is waived by the
member, a person'; and
(2) by striking `(together with a copy of such order)' and inserting
`and, upon request, a copy of such order'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply to
court orders received by the Secretary concerned after the end of the 90-day
period beginning on the date of enactment of this Act.
Subtitle D--Military Justice Matters
SEC. 531. COURTS-MARTIAL FOR THE NATIONAL GUARD WHEN NOT IN FEDERAL
SERVICE.
(a) COMPOSITION, JURISDICTION, AND PROCEDURES- Section 326 of title 32,
United States Code, is amended by striking the second sentence and inserting
the following: `They may have the jurisdiction, powers, and forms and
procedures provided for those courts. Punishments shall be as provided by the
laws of the respective states, territories, Puerto Rico, or the District of
Columbia'.
(b) GENERAL COURTS-MARTIAL OF NATIONAL GUARD NOT IN FEDERAL SERVICE-
Section 327 of title 32, United States Code, is amended by striking
subsections (a) and (b) in their entirety and inserting the following:
`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, territories, Puerto Rico, or the District of Columbia.
General courts-martial for the National Guard not in Federal service may also
be convened by the President. Special courts-martial for the National Guard
not in Federal service may also be convened by the commanding officer of a
garrison, fort, post, camp, air base, auxiliary air base, or other place where
troops are on duty, or of a regiment, wing, group, detached battalion,
separate squadron, or other detached command. Summary courts-martial for the
National Guard not in Federal service may also be convened by the commanding
officer of a garrison, fort, post, camp, air base, auxiliary air base, or
other place where troops are on duty, or of a regiment, wing, group, detached
battalion, detached squadron, detached company, or other detachment.'.
(c) Conforming Amendments-
(1) Sections 328, 329, 330, 331, 332, and 333, of title 32, United
States Code, are repealed.
(2) The table of sections at the beginning of chapter 3 of such title is
amended by striking the items relating to sections 328, 329, 330, 331, 332,
and 333.
Subtitle E--Other Matters
SEC. 541. VEHICLE STORAGE IN LIEU OF TRANSPORTATION WHEN MEMBER IS ORDERED
TO NON-FOREIGN DUTY STATION OUTSIDE CONTINENTAL UNITED STATES.
Section 2634 of title 10, United States Code, is amended--
(1) in subsection (b)(1)--
(A) by inserting after `to a foreign country' the following: `or to a
non-foreign area outside the continental United States'; and
(B) by inserting after `into that country' the following: `or area';
and
(2) in subsection (h), by adding at the end the following new
paragraph:
`(3) The term `non-foreign area outside the continental United States'
means the States of Alaska and Hawaii, the Commonwealths of Puerto Rico and
the Northern Mariana Islands, Guam, and other territories and possessions of
the United States.'.
SEC. 542. ADMINISTRATIVE SUPPORT AND SERVICES FOR FOREIGN LIAISON
OFFICERS.
(a) ESTABLISHMENT- Subchapter II of chapter 138 of title 10, United States
Code, is amended by adding at the end the following new section:
`Sec. 2350l. Administrative services and support for foreign liaison
officers
`(a) AUTHORITY- The Secretary of Defense may provide administrative
services and support to foreign liaison officers performing duties while such
officers temporarily are assigned to components or commands of the United
States Armed Forces. For purposes of this section, the term `administrative
services and support' includes base or installation operation support
services, office space, utilities, copying services, fire and police
protection, and computer support.
`(b) REIMBURSEMENT- The Secretary of Defense may provide the services and
support authorized under subsection (a) with or without reimbursement as the
Secretary of Defense deems appropriate.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
subchapter II of chapter 138 is amended by adding at the end the following new
item:
`2350l. Administrative services and support for foreign liaison
officers.'.
TITLE VI--COMPENSATION
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2003.
(a) WAIVER OF SECTION 1009 ADJUSTMENT- The adjustment to become effective
during fiscal year 2003 required by section 1009 of title 37, United States
Code, in the rates of monthly basic pay authorized members of the uniformed
services shall not be made.
(b) INCREASE IN BASIC PAY- Effective on January 1, 2003, the rates of
monthly basic pay for members of the uniformed services within each pay grade
are as follows:
COMMISSIONED OFFICERS 1
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------
O-10 2 $0.00 $0.00 $0.00 $0.00 $0.00
O-9 0.00 0.00 0.00 0.00 0.00
O-8 7,474.50 7,719.30 7,881.60 7,927.20 8,129.40
O-7 6,210.90 6,499.20 6,633.00 6,739.20 6,930.90
O-6 4,603.20 5,057.10 5,388.90 5,388.90 5,409.60
O-5 3,837.60 4,323.00 4,622.40 4,678.50 4,864.80
O-4 3,311.10 3,832.80 4,088.70 4,145.70 4,383.00
O-3 3 2,911.20 3,300.30 3,562.20 3,883.50 4,069.50
O-2 3 2,515.20 2,864.70 3,299.40 3,410.70 3,481.20
O-1 3 2,183.70 2,272.50 2,746.80 2,746.80 2,746.80
Over 8 Over 10 Over 12 Over 14 Over 16
O-10 2 $0.00 $0.00 $0.00 $0.00 $0.00
O-9 0.00 0.00 0.00 0.00 0.00
O-8 8,468.70 8,547.30 8,868.90 8,961.30 9,238.20
O-7 7,120.80 7,340.40 7,559.40 7,779.00 8,468.70
O-6 5,641.20 5,672.10 5,672.10 5,994.60 6,564.30
O-5 4,977.00 5,222.70 5,403.00 5,635.50 5,991.90
O-4 4,637.70 4,954.50 5,201.40 5,372.70 5,471.10
O-3 3 4,273.50 4,405.80 4,623.30 4,736.10 4,736.10
O-2 3 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20
O-1 3 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80
Over 18 Over 20 Over 22 Over 24 Over 26
O-10 2 $0.00 $12,077.70 $12,137.10 $12,389.40 $12,829.20
O-9 0.00 10,563.60 10,715.70 10,935.60 11,319.60
O-8 9,639.00 10,008.90 10,255.80 10,255.80 10,255.80
O-7 9,051.30 9,051.30 9,051.30 9,051.30 9,096.90
O-6 6,898.80 7,233.30 7,423.50 7,616.10 7,989.90
O-5 6,161.70 6,329.10 6,519.60 6,519.60 6,519.60
O-4 5,528.40 5,528.40 5,528.40 5,528.40 5,528.40
O-3 3 4,736.10 4,736.10 4,736.10 4,736.10 4,736.10
O-2 3 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20
O-1 3 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80
----------------------------------------------------------------
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States Code
------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------
O-3E $0.00 $0.00 $0.00 $3,883.50 $4,069.50
O-2E 0.00 0.00 0.00 3,410.70 3,481.20
O-1E 0.00 0.00 0.00 2,746.80 2,933.70
Over 8 Over 10 Over 12 Over 14 Over 16
O-3E $4,273.50 $4,405.80 $4,623.30 $4,806.30 $4,911.00
O-2E 3,591.90 3,778.80 3,923.40 4,031.10 4,031.10
O-1E 3,042.00 3,152.70 3,261.60 3,410.70 3,410.70
Over 18 Over 20 Over 22 Over 24 Over 26
O-3E $5,054.40 $5,054.40 $5,054.40 $5,054.40 $5,054.40
O-2E 4,031.10 4,031.10 4,031.10 4,031.10 4,031.10
O-1E 3,410.70 3,410.70 3,410.70 3,410.70 3,410.70
------------------------------------------------------------
WARRANT OFFICERS 1
Years of service computed under section 205 of title 37, United States Code
------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------
W-5 $0.00 $0.00 $0.00 $0.00 $0.00
W-4 3,008.10 3,236.10 3,329.10 3,420.60 3,578.10
W-3 2,747.10 2,862.00 2,979.30 3,017.70 3,141.00
W-2 2,416.50 2,554.50 2,675.10 2,763.00 2,838.30
W-1 2,133.90 2,308.50 2,425.50 2,501.10 2,662.50
Over 8 Over 10 Over 12 Over 14 Over 16
W-5 $0.00 $0.00 $0.00 $0.00 $0.00
W-4 3,733.50 3,891.00 4,044.60 4,203.60 4,356.00
W-3 3,281.70 3,467.40 3,580.50 3,771.90 3,915.60
W-2 2,993.10 3,148.50 3,264.00 3,376.50 3,453.90
W-1 2,782.20 2,888.40 3,006.90 3,085.20 3,203.40
Over 18 Over 20 Over 22 Over 24 Over 26
W-5 $0.00 $5,169.30 $5,346.60 $5,524.50 $5,703.30
W-4 4,512.00 4,664.40 4,822.50 4,978.20 5,137.50
W-3 4,058.40 4,201.50 4,266.30 4,407.00 4,548.00
W-2 3,579.90 3,705.90 3,831.00 3,957.30 3,957.30
W-1 3,320.70 3,409.50 3,409.50 3,409.50 3,409.50
------------------------------------------------------------
ENLISTED MEMBERS 1
Years of service computed under section 205 of title 37, United States Code
---------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
---------------------------------------------------------------
E-9 2 $0.00 $0.00 $0.00 $0.00 $0.00
E-8 0.00 0.00 0.00 0.00 0.00
E-7 2,068.50 2,257.80 2,343.90 2,428.20 2,516.40
E-6 1,770.60 1,947.60 2,033.70 2,117.10 2,204.10
E-5 1,625.40 1,733.70 1,817.40 1,903.50 2,037.00
E-4 1,502.70 1,579.80 1,665.30 1,749.30 1,824.00
E-3 1,356.90 1,442.10 1,528.80 1,528.80 1,528.80
E-2 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00
E-1 3 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80
Over 8 Over 10 Over 12 Over 14 Over 16
E-9 2 $0.00 $3,564.30 $3,645.00 $3,747.00 $3,867.00
E-8 2,975.40 3,061.20 3,141.30 3,237.60 3,342.00
E-7 2,667.90 2,753.40 2,838.30 2,990.40 3,066.30
E-6 2,400.90 2,477.40 2,562.30 2,636.70 2,663.10
E-5 2,151.90 2,236.80 2,283.30 2,283.30 2,283.30
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
---------------------------------------------------------------
SEC. 602. INCREASE BASIC ALLOWANCE FOR SUBSISTENCE FOR MEMBERS FORCED TO
PURCHASE MEALS OUTSIDE MESSING FACILITY.
Section 402(d) of title 37, United States Code, is amended to read as
follows:
`(d) SPECIAL RULE FOR CERTAIN ENLISTED MEMBERS- The Secretary of Defense,
and the Secretary of Transportation with respect to the Coast Guard when it is
not operating as a service in the Navy, may prescribe a basic allowance for
subsistence rate twice the amount prescribed in paragraph (b)(2) for an
enlisted member assigned to single Government quarters when--
`(1) the Government messing facility that serves the single Government
quarters to which the member is assigned is not able to make meals available
to the member, and
`(2) there are no adequate food storage or preparation facilities in the
single Government quarters.'.
SEC. 603. EXTENSION OF BASIC HOUSING ALLOWANCE FOR LOW COST OR NO COST MOVES
TO MOVES OUTSIDE THE UNITED STATES.
Section 403 of title 37, United States Code, is amended--
(1) by striking subsection (b)(7);
(2) by redesignating subsections (d) through (n) as subsections (e)
through (o), respectively; and
(3) by inserting after subsection (c) the following new subsection
(d):
`(d) LOW-COST OR NO-COST MOVES- In the case of a member who is assigned to
duty, the location or the circumstances of which make it necessary that the
member be reassigned under the conditions of low-cost or no-cost permanent
change of station or permanent change of assignment, the member may be treated
as if the member were not reassigned if the Secretary concerned determines
that it would be inequitable to base the member's entitlement to, and amount
of, a basic allowance for housing on the cost of housing in the area to which
the member is reassigned.'.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES AND
SPECIAL PAYS.
(a) AVIATION OFFICER RETENTION BONUS- Section 301b(a) of title 37, United
States Code, is amended by striking `December 31, 2002' and inserting
`September 30, 2004'.
(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS- Section 308(g) of title 37,
United States Code, is amended by striking `December 31, 2002' and inserting
`September 30, 2004'.
(c) ENLISTMENT BONUS- Section 309(e) of title 37, United States Code, is
amended by striking `December 31, 2002' and inserting `September 30, 2004'.
(d) RETENTION BONUS FOR MEMBERS QUALIFIED IN A CRITICAL MILITARY SKILL-
Section 323(i) of title 37, United States Code, is amended by striking
`December 31, 2002' and inserting `September 30, 2004'.
(e) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS- Section 324(g) of
title 37, United States Code, is amended by striking `December 31, 2002' and
inserting `September 30, 2004'.
(f) 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, 2004'.
(g) NUCLEAR CAREER ACCESSION BONUS- Section 312b(c) of title 37, United
States Code, is amended by striking `December 31, 2002' and inserting
`December 31, 2004'.
(h) NUCLEAR CAREER ANNUAL INCENTIVE BONUS- Section 312c(d) of title 37,
United States Code, is amended by striking `December 31, 2002' and inserting
`December 31, 2004'.
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR NURSE
OFFICER CANDIDATES, REGISTERED NURSES, NURSE, ANESTHETISTS, AND DENTAL
OFFICERS.
(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 `September 30, 2004'.
(b) ACCESSION BONUS FOR REGISTERED NURSES- Section 302d(a)(1) of title 37,
United States Code, is amended by striking `December 31, 2002' and inserting
`September 30, 2004'.
(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS- Section 302e(a)(1) of
title 37, United States Code, is amended by striking `December 31, 2002' and
inserting `September 30, 2004'.
(d) ACCESSION BONUS FOR DENTAL OFFICERS- Section 302h(a)(1) of title 37,
United States Code, is amended by striking `December 31, 2002' and inserting
`September 30, 2004'.
SEC. 613. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES
FOR RESERVE FORCES.
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY SHORT WARTIME
SPECIALTIES- Section 302g(f) of title 37, United States Code, is amended by
striking `December 31, 2002' and inserting `December 31, 2003'.
(b) 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'.
(c) SELECTED RESERVE ENLISTMENT BONUS- Section 308c(e) of title 37, United
States Code, is amended by striking `December 31, 2002' and inserting
`December 31, 2003'.
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN HIGH PRIORITY
UNITS- Section 308d(c) of title 37, United States Code, is amended by striking
`December 31, 2002' and inserting `December 31, 2003'.
(e) SELECTED RESERVE AFFILIATION BONUS- Section 308e(e) of title 37,
United States
Code, is amended by striking `December 31, 2002' and inserting `December 31,
2003'.
(f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS- Section 308h(g) of
title 37, United States Code, is amended by striking `December 31, 2002' and
inserting `December 31, 2003'.
(g) PRIOR SERVICE REENLISTMENT BONUS- Section 308i(f) of title 37, United
States Code, is amended by striking `December 31, 2002' and inserting
`December 31, 2003'.
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH PROFESSIONALS WHO
SERVE IN THE SELECTED RESERVE- Section 16302(d) of title 10, United States
Code, is amended by striking `January 1, 2003' and inserting `January 1,
2004'.
SEC. 614. INCREASE 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. 615. AUTHORIZE PAYMENT OF DISTRIBUTION INCENTIVE PAY.
(a) IN GENERAL- Chapter 5 of title 37, United States Code, is amended by
inserting after section 305a the following new section:
`Sec. 305b. Special pay: distribution incentive pay
`(a) ENTITLEMENT- A member of an armed force who is entitled to basic pay
and is on duty in an assignment designated by the Secretary of Defense may be
paid distribution incentive pay at a monthly rate established by the Secretary
concerned not to exceed $1,500.
`(b) ELIGIBILITY- (1) For an assignment to be qualified for an award of
the distribution incentive pay authorized in subsection (a), the assignment
must be designed by the Secretary to attract volunteers to agree to serve--
`(A) in less-than-desirable locations; and
`(B) if assignment to certain locations are difficult-to-fill only in
certain occupational specialities, then further limit the pay to personnel
in those specialities who are required to fill the difficult-to-fill
positions.
`(2) In order to receive pay under this section, a member may not be
receiving pay under this title or have received a bonus under this title for
service in a particular geographical location.
`(c) DURATION OF DISTRIBUTION INCENTIVE PAY- A member will continue to
receive special pay under this section during absences from the qualifying
assignment for temporary duty pursuant to military orders or for authorized
periods of leave. The special pay will be terminated upon the member's
permanent separation from the qualifying assignment pursuant to military
orders.
`(d) SUNSET- No distribution incentive pay may be paid under this section
with respect to the assignment to a hard-to-fill career position or for
service in a less-than-desirable geographic location after December 31,
2007.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 305a the
following new item:
`305b. Special pay: distribution incentive pay.'.
Subtitle C--Travel and Transportation Allowances
SEC. 621. EQUITABLE COMPENSATION SUPPORT FOR MILITARY FUNERAL HONORS.
Section 1491 of title 10, United States Code, is amended--
(1) in the first sentence of subsection (b)(2), by striking `(other than
members in a retired status)' and inserting `or military retirees'.
(A) by amending paragraph (1) to read as follows:
`Transportation, or a flat rate daily stipend established annually by
the Secretary of Defense that will encompass costs for transportation and
other miscellaneous expenses for a person who participates in the funeral
honors detail and is not a member of the armed forces or an employee of the
United States.';
(B) in paragraph (2), by inserting `military retirees,' after
`training for'; and
(C) by adding at the end the following new paragraph:
`(4) Notwithstanding any other provision of law, the stipend paid under
this subsection to a retired member of the armed forces shall be in addition
to any other compensation authorized to which the retired member may be
entitled.'.
SEC. 622. EXPANSION OF OVERSEAS TOUR EXTENSION BENEFITS.
Section 705(b)(2) of title 10, United States Code, is amended to read as
follows:
`(2) a period of rest and recuperation absence for not more than 15 days
and round-trip transportation at Government expense from the location of the
extended tour of duty to the nearest port in the 48 contiguous States, or to
an alternate location at a cost not to exceed the cost to the nearest port
in the 48 contiguous States, and return.'.
SEC. 623. EXTENSION OF PERIOD FOR USE OF LEAVE TRAVEL ENTITLEMENT FOR
CONSECUTIVE OVERSEAS TOURS.
Section 411b(a)(2) of title 37, United States Code, is amended to read as
follows:
`(2) Under the regulations referred to in paragraph (1), a member may
defer the travel for which the member is paid travel and transportation
allowances under such paragraph until any time before the completion of that
consecutive tour of duty at the same duty station or at another duty station
also outside the 48 contiguous States and the District of Columbia, as the
case may be.'.
Subtitle D--Retirement and Survivor Benefit Matters
SEC. 631. CLARIFICATION OF DISABILITY SEVERANCE PAY COMPUTATION.
Paragaph (2) of section 1212(a) of title 10, United States Code, is
amended--
(1) in subparagraph (C) by striking `for promotion'; and
(2) in subparagraph (D) by striking `for promotion' after
`examination'.
SEC. 632. AUTHORITY TO INCREASE RETIRED PAY FOR ENLISTED RESERVE COMPONENT
PERSONNEL DECORATED FOR EXTRAORDINARY HEROISM.
Section 12739 of title 10, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections (c) and (d),
respectively;
(2) by inserting after subsection (a) the following new subsection
(b):
`(b) If a member who is retired under section 12731 of this title has been
credited by the Secretary concerned with extraordinary heroism in the line of
duty, the member's retired pay shall be increased by 10 percent of the amount
determined under subparagraph (a) (but to not more than 75 percent of the
retired pay base upon which the computation of such retired pay is based). The
Secretary's determination as to extraordinary heroism is conclusive for all
purposes.'; and
(3) by amending subsection (c), as redesignated by paragraph (1), to
read as follows:
`(c) The amount computed under subsection (a), to include the increase
authorized in subsection (b) when appropriate, may not exceed 75 percent of
the retired pay base upon which the computation is based.'.
SEC. 633. SURVIVOR BENEFIT PLAN; MULTIPLE BENEFICIARIES.
(a) PERMIT SPOUSE AND FORMER SPOUSE COVERAGE- Section 1448(b)(2) of title
10, United States Code, related to former spouse coverage upon becoming a
participant in the Plan, is amended--
(1) in subparagraph (B), related to the effect of former spouse election
on spouse or dependent child--
(A) by striking `prevents payment' and inserting `reduces the
amount,'; and
(B) by striking `including payment' and inserting `including the
amount of an annuity'.
(2) in subparagraph (C), related to designation if more than one former
spouse, by striking `which former spouse is to be provided the annuity,' and
inserting `the base amount applicable in determining the amount of the
annuity of each former spouse.'.
(b) PERMIT SPOUSE AND FORMER SPOUSE ANNUITIES- Section 1450(a)(1) of such
title 10, related to payment of annuity to surviving spouse and former spouse,
is amended to read as follows:
`(1) SURVIVING SPOUSE AND FORMER SPOUSE(S)- The eligible surviving
spouse and every eligible former spouse.'.
(c) PERMIT REDUCTIONS IN RETIRED PAY IN THE CASE OF MULTIPLE
BENEFICIARIES- Section 1452 of such title 10, related to reduction in retired
pay, is amended by adding at the end thereof the following new subsection (k)
as follows:
`(k) REDUCTIONS IN RETIRED PAY IN THE CASE OF MULTIPLE BENEFICIARIES- When
a participant in the Plan has elected to provide an annuity to a spouse and to
one or more former spouses, reductions in retired pay required by subsection
(a) shall be made for each annuity elected, in an amount based on the base
amount applicable to each annuity. In the case of a reduction in retired pay
to provide an annuity to a former spouse to whom payment of a portion of a
member's retired pay is being made pursuant to a court order under section
1408 of this title, such reduction in retired pay shall be deducted from the
amounts paid to such member, to such former spouse, or both, as provided by
court order or by agreement of the parties.'.
(d) EFFECTIVE DATE- The amendments made by subsections (a), (b), and (c)
apply with respect to elections made on or after the date of enactment of this
Act. Any election to provide an annuity to a spouse or former spouse who was
prevented from being a beneficiary under the laws in effect before the date of
enactment of this Act shall be made within 180 days following the date of
enactment of this Act.
(e) COVERAGE FOR SURVIVORS OF RETIREMENT-ELIGIBLE MEMBERS WHO DIE ON
ACTIVE DUTY- (1) Section 1448(d)(3) of such title 10, related to mandatory
former spouse annuity for survivor of retirement-eligible members who die on
active duty, is amended by striking the dash following `the Secretary' and
`(A) may not pay an annuity under paragraph (1) or (2); but (B)'.
(2) Section 1448(d)(5) of such title 10, related to the computation of the
amount of an annuity for survivors of retirement-eligible members who die on
active duty, is amended to read as follows:
`(5) COMPUTATION- (A) The amount of an annuity payable to a former
spouse pursuant to paragraph (3) shall be computed on the basis of a base
amount equal to the amount of retired pay that, under the authority of
section 1408(c) of this title, is treated under a court order or spousal
agreement as the property of such former spouse.
`(B) The amount of an annuity payable under paragraph (1) or paragraph
(2) shall be computed under section 1451(c) of this title, however, the
retired pay otherwise applicable with respect to such computation shall be
reduced by an amount equal to the base amount that provides the basis for
computing the amount of an annuity payable to a former spouse under
paragraph (3) this subsection.'.
(3) EFFECTIVE DATE- The amendments made by subsection (e) shall apply with
respect to survivors of retirement-eligible members who die on active duty on
or after the date of enactment of this Act.
(f) COVERAGE FOR SURVIVORS OF PERSONS DYING WHEN ELIGIBLE TO ELECT
RESERVE-COMPONENT ANNUITY- (1) Section 1448(f)(3) of such title 10, related to
mandatory former spouse annuity for survivor of persons dying when eligible to
elect reserve-component annuity, is amended by striking the dash following
`the Secretary' and `(A) may not pay an annuity under paragraph (1) or (2);
but (B)'.
(2) Section 1448(f)(4) of such title 10, related to the computation of the
amount of an annuity for survivors of persons dying when eligible to elect
reserve-component annuity, is amended to read as follows:
`(4) COMPUTATION- (A) The amount of an annuity payable to a former
spouse pursuant to paragraph (3) shall be computed on the basis of a base
amount equal to the amount of retired pay that, under the authority of
section 1408(c) of this title, is treated under a court order or spousal
agreement as the property of such former spouse.
`(B) The amount of an annuity payable under paragraph (1) or paragraph
(2) shall be computed under section 1451(c) of this title, however, the
retired pay otherwise applicable with respect to such computation shall be
reduced by an amount equal to the base amount that provides the basis for
computing the amount of an annuity payable to a former spouse under
paragraph (3) of this subsection.'.
(3) EFFECTIVE DATE- The amendments made by subsection (f) shall apply with
respect to survivors of persons eligible to elect reserve-component annuity
retirement-eligible members who die on or after the date of enactment of this
Act.
SEC. 634. SURVIVOR BENEFIT PLAN; PRESUMPTIVE PROPORTIONATE SHARE.
(a) PRESUMPTIVE BASE AMOUNT FOR FORMER SPOUSE- Section 1447(6) of title
10, United States Code, is amended by adding at the end the following new
subparagraph:
`(D) PRESUMPTIVE PROPORTIONATE AMOUNT FOR FORMER SPOUSE- In the case
of an annuity provided under the Plan for a former spouse, unless
otherwise agreed to by the member and former spouse or ordered by a court,
such term means any amount of monthly retired pay, which is not less than
$300, payable to such former spouse as a result of a court treating
disposable retired pay of a member as the property of the member and his
spouse under the authority of section 1408(c).'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply with
respect to divorces, dissolutions, annulments, and legal separations that
become effective after the end of the 90-day period beginning on the date of
enactment of this Act.
SEC. 635. SURVIVOR BENEFIT PLAN; FINANCIAL RESPONSIBILITY FOR SURVIVOR
BENEFIT PLAN PARTICIPATION.
(a) CHANGE TO DISPOSABLE RETIRED PAY- Section 1452(a) of title 10, United
States Code, is amended--
(1) in paragraph (1), by inserting `paragraph 6 of this subsection or'
before `subsection b'; and
(2) by adding at the end the following new paragraph:
`(6) If a court order requires the former spouse to pay all or a part of
the costs associated with providing an annuity to the former spouse, the
participant's retired pay shall not be reduced by the portion that the
former spouse is required to pay.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply with
respect to divorces, dissolutions, annulments, or legal separations that
become effective after the end of the 90-day period beginning on the date of
enactment of this Act and with respect to court orders issued after the date
of enactment of this Act modifying court orders issued before the date of
enactment of this Act.
Subtitle E--Other Matters
SEC. 641. REPEAL OF LIMITED EXEMPTION FROM BAN ON HONORARIA FOR PERSONNEL AT
CERTAIN DEPARTMENT OF DEFENSE SCHOOLS.
Section 542 of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2413) is repealed.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
SEC. 701. IMPROVEMENT IN THE ADMINISTRATION OF THE TRICARE PROGRAM.
Section 1072(7) of title 10, United States Code, is amended by striking
`the competitive selection of contractors to financially underwrite the
delivery of health care services' and inserting `the competitive selection of
contractors to support most effectively the delivery of health care
services'.
SEC. 702. DEPENDENT DENTAL CARE ENHANCEMENTS.
(a) Enable Dependents of Members Who Die While on Active Duty for More
Than 30 Days To Enroll in TRICARE Dental Program- Section 1076a(k)(2) of title
10, United States Code, is amended by inserting `(or, if not enrolled, if the
member discontinued participation under subsection (f))' after `subsection
(a)'.
(b) AUTHORITY TO PROVIDE LIMITED DENTAL CARE TO DEPENDENTS ENROLLED IN A
DENTAL CARE PLAN- Section 1077(c) of such title is amended--
(1) by striking `and' following `the United States'; and
(2) by inserting before the period at the end of the following: `, and
other dental care in special circumstances as determined under regulations
issued by the Secretary of Defense'.
Subtitle B--Senior Health Care
SEC. 711. IMPROVEMENTS REGARDING THE DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE
RETIREE HEALTH CARE FUND.
(a) SOURCE OF FUNDS FOR MONTHLY ACCRUAL PAYMENTS INTO THE FUND- Section
116(c) of title 10, United States Code, is amended to read as follows:
`(c) Amounts paid into the Fund under subsection (a) shall be paid from
funds available for the pay of members of the participating uniformed services
under the jurisdiction of the respective administering Secretaries.'.
(b) MANDATORY PARTICIPATION OF OTHER UNIFORMED SERVICES- Section 1111(c)
of such title is amended--
(1) in the first sentence, by striking `may enter into an agreement with
any other administering Secretary' and inserting `shall enter into an
agreement with each other administering Secretary'; and
(2) in the second sentence, by striking `Any' and inserting
`Each'.
(c) EXCLUSION OF CADETS AND MIDSHIPMEN- Section 1111(b) of such title is
amended by adding at the end the following new paragraph:
`(5) The term `members of the uniformed services on active duty' does
not include a cadet at the United States Military Academy, the United States
Air Force Academy, or the Coast Guard Academy, or a midshipman at the United
States Naval Academy.'.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. LIVE-FIRE WAIVER AUTHORITY.
Paragraph (1) of section 2366(c) of title 10, United States Code, is
amended by inserting `or at the beginning of remaining system development and
demonstration or production and deployment when that phase is the first phase
of the program as a major defense acquisition program as defined in section
2399(a)(2) of this title,' after `program enters system development and
demonstration,'.
SEC. 802. REPEAL OF CERTIFICATION OF FUNDING FOR SUPPORT COSTS IN THE FUTURE
YEARS DEFENSE PROGRAM.
Section 2306b(i)(1) of title 10, United States Code, is amended--
(1) by striking `each of the following conditions is satisfied:';
(2) by striking subparagraph (A); and
(3) by striking `(B) The' and inserting `the'.
SEC. 803. AUTHORITY TO WAIVE DOMESTIC SOURCE OR CONTENT REQUIREMENTS.
(a) IN GENERAL- Subchapter V of chapter 148 of title 10, United States
Code, is amended by adding at the end the following new section:
`Sec. 2539c. Waiver of domestic source or content requirements
`(a) AUTHORITY- Subject to subsections (c) and (d), and except as provided
in subsection (e), the Secretary of Defense may waive the application of any
domestic source requirement or domestic content requirement referred to in
subsection (b) and thereby authorize the procurement of items that are grown,
reprocessed, reused, produced, or manufactured--
`(1) in a foreign country that has a reciprocal defense procurement
memorandum of understanding or agreement with the United States;
`(2) in a foreign country that has a reciprocal defense procurement
memorandum of understanding or agreement with the United States
substantially from components and materials grown, reprocessed, reused,
produced or manufactured in the United States or
any foreign country that has a reciprocal defense procurement memorandum of
understanding or agreement with the United States; or
`(3) in the United States substantially from components and materials
grown, reprocessed, reused, produced, or manufactured in the United States
or any foreign country that has a reciprocal defense procurement memorandum
of understanding or agreement with the United States.
`(b) COVERED REQUIREMENTS- For purposes of this section:
`(1) A domestic source requirement is any requirement under law that the
Department of Defense must satisfy its needs for an item by procuring an
item that is grown, reprocessed, reused, produced, or manufactured in the
United States or by a manufacturer that is a part of the national technology
and industrial base (as defined in section 2500(1) of this title).
`(2) A domestic content requirement is any requirement under law that
the Department of Defense must satisfy its needs for an item by procuring an
item produced or manufactured partly or wholly from components and materials
grown, reprocessed, reused, produced, or manufactured in the United
States.
`(c) APPLICABILITY- The authority to the Secretary to waive the
application of the domestic source or content requirements under subsection
(a) applies to the procurement of items for which the Secretary of Defense
determines--
`(1) that application of the requirement would impede the reciprocal
procurement of defense items under a memorandum of understanding providing
for reciprocal procurement of defense items between a foreign country and
the United States in accordance with section 2531 of this title, and
`(2) that country does not discriminate against defense items produced
in the United States to a greater degree than the United States
discriminates against defense items produced in that country.
`(d) IMPLEMENTATION- The authority to the Secretary to waive the
application of the domestic source or content requirements under subsection
(a) may not be delegated below the Under Secretary of Defense for Acquisition,
Technology and Logistics. Any such waiver may be granted only after
consultation with the United States Trade Representative, the Secretary of
Commerce, and the Secretary of State.
`(e) LAWS NOT WAIVABLE- The Secretary of Defense may not exercise the
authority under subsection (a) to waive any domestic source or content
requirement contained in the following laws:
`(1) The Small Business Act (15 U.S.C. 631 et seq.).
`(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46-48c).
`(3) Sections 7309 and 7310 of this title.
`(4) Section 2533a of this title.
`(f) RELATIONSHIP TO OTHER WAIVER AUTHORITY- The authority under
subsection (a) to waive a domestic source requirement or domestic content
requirement is in addition to any other authority to waive such
requirement.
`(g) APPLICATION TO FUTURE LAWS- This section applies to domestic source
requirements and domestic content requirements enacted before, on, or after
the effective date of this section.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
subchapter V is amended by inserting after the item relating to section 2539b
the following new item:
`2539c. Waiver of domestic source or content requirements.'.
SEC. 804. 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 2410m. the following new section:
`Sec. 2410n. Purchase of dinitrogen tetroxide, hydrazine and
hydrazine-related products
`The Secretary of Defense may enter into contracts, for a period of up to
ten years, for the purchase of dinitrogen tetroxide, hydrazine, and
hydrazine-related products for contracts in support of either United States
national security programs or Federal space programs. Contracts awarded under
this provision may include renewal options covering a total period of not more
than ten additional years.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of Chapter
141 by adding at the end the following item:
`2410n. Purchase of dinitrogen tetroxide, hydrazine and
hydrazine-related products.'.
Subtitle B--Use of Preferred Sources
SEC. 811. ELIGIBILITY OF HUBZONE SMALL BUSINESS CONCERNS AND SMALL BUSINESS
CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS UNDER THE MENTOR
PROTEGE PROGRAM.
Section 831(m)(2) of the National Defense Authorization Act for Fiscal
Year 1991 (10 U.S.C. 2302 note), is amended--
(1) by striking `or' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E) and inserting
a semi-colon; and
(3) by adding at the end the following new subparagraphs:
`(F) a qualified HUBZone small business concern, as defined in section
3(p)(5)(A) of the Small Business Act (15 U.S.C. 632(p)(5)(A)); or
`(G) a small business concern owned and controlled by Service-disabled
veterans, as defined in section 3(q)(2) of the Small Business Act (15
U.S.C. 637(q)(2)).'.
Subtitle C--General Contracting Procedures and Limitations
SEC. 821. CONTRACTING FOR SECURITY GUARDS.
Section 2465 of title 10, United States Code, is amended--
(1) in subsection (a), by striking `subsection (b)' and inserting
`subsections (b) and (c)'; and
(2) by inserting at the end the following new subsection (c):
`(c) Funds appropriated to the Department of Defense may be obligated and
expended for the purpose of entering into a contract for the performance of
security guard functions provided that the Secretary of Defense determines
that such contract is necessary because the provision of such services by
government personnel is not cost effective or practical.'.
SEC. 822. DEMONSTRATION PROJECT USING MULTI-YEAR CONTRACTS FOR ENVIRONMENTAL
REMEDIATION.
(a) AUTHORITY- The Secretary of a military department may conduct a
demonstration project to test the feasibility of using fixed-price multi-year
contracts with incremental funding to obtain environmental remediation
services. To the extent that funds are otherwise available for obligation,
each such Secretary may enter into not more than four contracts. Payments
under the contracts may be made with funds appropriated for the fiscal year
during which the services or facilities will be provided.
(b) LOCATION OF REMEDIATION- Any contract entered into under the authority
provided in subsection (a) shall be limited to environmental remediation
services or facilities for an active military installation, an installation
being closed or realigned under base realignment, and closure procedures of a
formerly-used defense site. Each demonstration project shall be limited to not
more than for installations or defense sites with varied size and contaminant
complexity.
(c) TIME LIMITATION- A multi-year contract entered into pursuant to
subsection (a) may not exceed a period of five years. All such contracts, to
the extent practicable, shall be awarded within a year after the enactment of
this Act.
(d) CONTRACT CANCELLATIONS- A contract under this section may include
cancellation provisions to the extent that such provisions are necessary and
in the best interests of the United States. The cancellation provisions may
include consideration of both recurring and nonrecurring costs of the
contractor associated with the provision of services or facilities under a
contract entered into pursuant to this section.
(e) CANCELLATION OR TERMINATION FOR INSUFFICIENT FUNDING- In the event
funds are not available for the continuation into a subsequent fiscal year of
a contract entered into pursuant to this section, the contract shall be
canceled or terminated. The costs of such cancellation or termination may be
paid from--
(1) appropriations originally available for the performance of the
contract concerned, if available;
(2) appropriations currently available for the procurement of
environmental remediation services or facilities, and not otherwise
obligated; or
(3) funds appropriated for those payments.
SEC. 823. MICRO-PURCHASE EXCEPTION FOR BALL AND ROLLER BEARINGS.
(a) IN GENERAL- Chapter 141 of title 10, United States Code, is amended by
inserting after section 2410m the following new section:
`Sec. 2410n. Micro-purchase exception for ball and roller bearings.
`The Secretary of Defense may purchase ball and roller bearings from any
source if the purchase is at or below the micro-purchase threshold as defined
in section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428).
the authority for the Secretary to purchase ball and roller bearings from any
source is exclusive of any other provision of law relating to public contracts
or the procurement of goods other than United States goods.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
141 of title 10, United States Code, is amended by inserting after the item
relating to section 2410m the following new item:
`2410n. Micro-purchase exception for ball and roller bearings.'.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A--Department of Defense Organization
SEC. 901. CERTIFICATION FOR DEPARTMENT OF DEFENSE PROFESSIONAL ACCOUNTING
POSITIONS.
(a) IN GENERAL- Chapter 81 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 1599d. Department of Defense's professional accounting positions
`(a) PROFESSIONAL CERTIFICATION- Notwithstanding any other provision of
law or regulation, the Secretary of Defense, or an appointed designee, has
sole and exclusive discretion to establish professional certification and
credential standards, and waive such standards, for the Department of
Defense's professional accounting positions as deemed appropriate by the
Secretary.
`(b) DEFINITION- For purposes of this section, the term `professional
accounting position' means a position or group of positions within the
Department of Defense in the GS-510, GS-511, and GS-505 series that involve
professional accounting work.
`(c) EFFECTIVE DATE- Standards established pursuant to this section may
take effect no sooner than 120 days after the effective date of this Act.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 1599c the
following new item:
`1599d. Certification for the Department of Defense's professional
accounting positions.'.
SEC. 902. CONSEQUENCE MANAGEMENT PROGRAM INTEGRATION OFFICE.
Paragraph (3) of section 12310(c) of title 10, United States Code, is
amended by striking `only--
`(A) while assigned to the Department of Defense Consequence
Management Program Integration Office; or
`(B) while assigned' and inserting `only while assigned'.
Subtitle B--Financial Management
SEC. 911. PECUNIARY LIABILITY EQUALIZATION.
(a) EXTENSION OF REPORT OF SURVEY PROCEDURES TO MEMBERS OF THE NAVY,
MARINE CORPS, AND ALL CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE- Chapter
165 of title 10, United States Code, is amended by inserting after section
2786 the following new section:
`Sec. 2787. Reports of survey
`(a) REGULATIONS- Under such regulations as the Secretary of Defense may
prescribe, any military officer or any civilian employee of the Department of
Defense designated in accordance with the provisions of such 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- Action taken under subsection (a) is final,
except that action holding a person pecuniarily liable for loss, spoilage,
destruction, or damage is not final until approved in accordance with the
provisions of the regulations prescribed under subsection (a).'.
(b) EXTENSION OF PROVISION PERTAINING TO DAMAGE OR REPAIR OF ARMS AND
EQUIPMENT TO MEMBERS OF THE NAVY AND MARINE CORPS- 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) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
165 of title 10, United States Code, is amended by inserting after the item
relating to section 2786 the following new item:
`2787. Reports of survey.'.
(d) REPEAL OF SUPERSEDED PROVISIONS- (1) Sections 4835 and 9835 of such
title 10 are repealed.
(2) The table of sections at the beginning of chapters 453 and 953 of such
title 10 are amended by striking the items relating to sections 4835 and 9835,
respectively.
SEC. 912. ACCOUNTABLE OFFICIALS IN THE DEPARTMENT OF DEFENSE.
(a) ADDITIONAL 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- The Secretary of Defense may designate, in writing, a
civilian employee or a member of the armed forces under the Secretary's
jurisdiction, who is not otherwise accountable under subtitle III of title 31
or other law, as a departmental accountable official. The Secretary may so
designate those employees or members who, in the performance of their duties,
are responsible for providing to certifying officials of the Department of
Defense information, data, or services directly relied upon by the certifying
officials in the certification of vouchers for payment.
`(b) PECUNIARY LIABILITY- The Secretary of Defense may, in a designation
under subsection (a), impose pecuniary liability on a departmental accountable
official to the extent that an illegal, improper, or incorrect payment results
from the information, data, or services which that official provided to a
certifying official and upon which the certifying official directly relied in
certifying the voucher supporting that payment. The pecuniary liability under
this subsection of a departmental accountable official for an illegal,
improper, or incorrect payment is joint and several with that of other
officials who are pecuniarily liable for such payment.
`(c) RELIEF FROM PECUNIARY LIABILITY- The Secretary of Defense shall
relieve a
departmental accountable official from pecuniary liability under subsection
(b) if the Secretary determines that the illegal, improper, or incorrect payment
was not the result of fault or negligence by that official.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter 165 of title 10 is amended by inserting after the item relating to
section 2773 the following new item:
`2773a. Departmental accountable officials.'.
SEC. 913. FAILURE TO PARTICIPATE SATISFACTORILY; PENALTIES.
Section 16135 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(c)(1) Subject to paragraph (a)(2), an obligation to pay a refund to the
United States under subparagraph (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,
of this subsection.'.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER OF FUNDS WITHIN ACQUISITION PROGRAMS; PROCEDURES AND
LIMITATIONS.
Section 2214 of title 10, United States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as subsections (c),
(d), and (e), respectively; and
(2) by inserting after subsection (a) the following new subsection
(b):
`(b) LIMITED TRANSFER AUTHORITY- The Secretary of Defense may transfer
amounts provided in appropriation acts for procurement to amounts in
appropriations Acts for research, development, test, and evaluation within
individual acquisition category I and II programs not to exceed $250 million
per year and $20 million per acquisition program. A transfer for the purpose
of initiating research, development, testing, or evaluation of a new program
or system is prohibited. The transfer authority provided in this subsection is
in addition to any other transfer authority available to the Secretary of
Defense.'.
SEC. 1002. REIMBURSEMENT FOR RESERVE INTELLIGENCE SUPPORT.
(a) IN GENERAL- Chapter 1003 of title 10, United States Code, is amended
by adding at the end the following new section:
`Sec. 10115. Reimbursement for reserve intelligence support
`The Secretary of Defense or the Secretary concerned may reimburse a
Reserve or National Guard unit or organization for the pay, allowances, or
other expenses incurred by the Reserve or National Guard unit or organization
when a member of the Reserve or National Guard unit or organization provides
intelligence support, counterintelligence support, or intelligence and
counterintelligence support to Combatant Commands, Defense Agencies, and Joint
Intelligence Activities, including but not limited to the activities and
programs within the National Foreign Intelligence Program, the Joint Military
Intelligence Program, and the Tactical Intelligence and Related Activities.
Reimbursement shall be paid out of funds available for operations and
maintenance of the military departments, combatant commands, or Defense
Agencies.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`10115. Reimbursement for reserve intelligence support.'.
SEC. 1003. AUTHORITY TO WAIVE REIMBURSEMENT OF ASIA-PACIFIC CENTER FOR
SECURITY STUDIES CHARGES.
(a) WAIVER OF CHARGES- The Secretary of Defense may waive reimbursement of
the costs of conferences, seminars, courses of instruction, or similar
educational activities of the Asia-Pacific Center for Security Studies for
military officers and civilian officials of foreign nations of the
Asia-Pacific region if the Secretary determines that attendance by such
personnel, without reimbursement, is in the national security interest of the
United States.
(b) FUNDING- Costs for which reimbursement is waived pursuant to
paragraphs (1) shall be paid from appropriations available for the
Asia-Pacific Center for Security Studies.
SEC. 1004. CROSS-FISCAL YEAR COOPERATIVE AGREEMENTS FOR ENVIRONMENTAL
PURPOSES.
(a) CROSS-FISCAL YEAR ENVIRONMENTAL COOPERATIVE AGREEMENTS- Section 2410a
of title 10, United States Code, is amended--
(A) by striking `contract for procurement' and inserting `contract, or
a
cooperative agreement entered into under section 2701(d) of this title, for
procurement';
(B) by striking `the next' and inserting `another';
(C) by striking `period of the contract' and inserting `period of the
contract or the cooperative agreement'; and
(D) by striking `contract period does not exceed one year' and
inserting `contract period does not exceed one year and the cooperative
agreement period does not exceed two years'; and
(2) in subsection (2), by striking the period and inserting `or of a
cooperative agreement entered into under section 2701(d) of this
title.'.
(b) USE OF FUNDS FROM ENVIRONMENTAL ACCOUNTS- Section 2703(b)(1) of such
title 10 is amended--
(1) in subparagraph (A), by striking `and' following the semicolon;
and
(2) in subparagraph (B) by--
(A) striking the period and inserting `; and'; and
(B) adding at the end thereof the following new subparagraph:
`(C) to reimburse, for services provided under cooperative agreements
entered into under section 2701(d) of this title, any department, agency,
instrumentality or entity of--
`(ii) any State, District, commonwealth, territory or possession of
the United States, or political subdivision thereof; or
(c) CONFORMING AMENDMENTS- The section heading for section 2410a of such
title 10 is amended by inserting `and environmental cooperative
agreements' after `contracts'.
(2) The table of sections for chapter 141 of such title 10 is amended by
amending the item relating to section 2410a to read as follows:
`2410a. Severable service contracts and environmental cooperative
agreements crossing fiscal years.'.
Subtitle B--Repeal and Revision of Various Reporting
Requirements
SEC. 1011. REPEAL OF VARIOUS REPORTS REQUIRED OF THE DEPARTMENT OF
DEFENSE.
(a) Provisions of Title 10- Title 10, United States Code, is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection (e);
(2) in section 129, by striking subsection (f);
(A) section 183 is repealed; and
(B) the table of sections for such chapter 7 is amended by striking
the item relating to section 183;
(A) section 230 is repealed; and
(B) the table of sections for such chapter 9 is amended by striking
the item relating to section 230;
(A) sections 482, 483, 484, and 487 are repealed; and
(B) the table of sections for such chapter 23 is amended by striking
the items relating to sections 482, 483, 484, and 487;
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c);
(A) by striking paragraph (2); and
(B) by striking the designator `(1)' preceding the remaining
matter;
(8) in section 986, by striking subsection (e);
(A) by striking paragraph (2); and
(B) by striking the designator `(1)' preceding the remaining
matter;
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection (e);
(A) section 1563 is repealed; and
(B) the table of sections for such chapter 80 is amended by striking
the item relating to section 1563;
(12) in section 1597, by striking subsections (c) through (e);
(13) in section 1798, by striking subsection (d);
(14) in section 1799, by striking subsection (d);
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as subsections (b) and
(c), respectively;
(16) in section 2011, by striking subsection (e);
(17) in section 2208(j)(2), by striking `and notifies Congress regarding
the reasons for the waiver';
(A) by striking subsections (b) and (c); and
(B) by striking `(a) ESTABLISHMENT OF GOALS- ';
(19) in section 2255(b)--
(A) by striking paragraph (2); and
(B) by striking the designator `(1)' after the catchline;
(A) section 2282 is repealed; and
(B) the table of sections for such chapter 136 is amended by striking
the item relating to section 2282;
(21) in section 2327(c)(1)--
(A) in subparagraph (A), by striking `after the date on which such
head of an agency submits to Congress a report on the contract' and
inserting `if in the best interests of the government';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B);
(i) by striking paragraph (1);
(ii) by amending the catchline to read `REPORT TO CONGRESS- ';
and
(iii) by striking the designator `(2)' that precedes the remaining
matter; and
(B) in subsection (g), by striking paragraph (4);
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c);
(24) in section 2350k, by striking subsection (d);
(25) in section 2367(d)--
(A) by striking paragraph (1); and
(B) by striking the designator `(2)' that precedes the remaining
matter after the catchline;
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as subsections (c) and
(d), respectively;
(A) by striking subsection (g); and
(B) by redesignating subsection (h) as subsection (g);
(A) by striking subsection (b);
(B) by designating subsections (c) through (f) as subsections (b)
through (e), respectively; and
(C) in subsection (a), by striking `only as provided in subsection
(b)' both times such phrase appears in the subsection;
(29) in section 2410i(c), by striking the last sentence;
(A) by striking subsection (d); and
(B) by redesignating subsections (e) and (f) as subsections (d) and
(e), respectively;
(31) in section 2464(b), by striking paragraph (3);
(32) in section 2486(b)(12), by striking all after `the Secretary of
Defense may prescribe' and inserting a period;
(33) in section 2492, by striking subsection (c);
(34) in section 2493, by striking subsection (g);
(A) section 2504 is repealed;
(B) the table of sections for such chapter 148 is amended by striking
the item
relating to section 2504;
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b);
(37) in section 2563(c)(2), by striking `and notifies Congress regarding
the reasons for the waiver';
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection (e);
(39) in section 2631(b)(3), by striking the last sentence;
(A) by striking subsection (e);
(B) by redesignating subsections (f) and (g) as subsections (e) and
(f), respectively; and
(C) in subsection (f), as redesignated by subparagraph (B), by
striking ', and the reporting requirement set forth in subsection (e) must
not apply with respect to a real property transaction otherwise covered by
that subsection,';
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4),
respectively:
(42) in section 2676(d), by striking all after `is approved by the
Secretary concerned' and inserting a period;
(A) by striking subsection (e);
(B) by redesignating subsections (f) through (i) as subsections (e)
through (h), respectively; and
(C) in subsection (f), as redesignated by subparagraph (B), by
striking the last sentence;
(A) by striking subsections (c) and (d); and
(B) by redesignating subsection (e) as subsection (c);
(45) in section 2805(b)--
(A) by striking paragraph (2); and
(B) by striking the designator `(1)' that precedes the remaining
matter;
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as subsections (b) and
(c), respectively;
(47) in section 2809, by striking subsection (f);
(48) in section 2812(c)--
(A) by striking paragraph (1);
(B) by striking the designator `(2)' that precedes the remaining
matter;
(49) in section 2813, by striking subsection (c);
(A) by striking subsection (b); and
(B) by striking `(a) Subject to subsection (b), the Secretary' and
inserting `The Secretary';
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection (f);
(A) by striking subsection (b);
(B) by redesignating subsections (c) through (h) as subsections (b)
through (g), respectively; and
(C) in subsection (a), by striking `Subject to subsection (b), the
Secretary' and inserting `The Secretary';
(A) by striking subsection (b);
(B) by redesignating subsections (c) through (g) as subsections (b)
through (f), respectively; and
(C) in subsection (a), by striking `Subject to subsection (b), the
Secretary' and inserting `The Secretary';
(i) by striking paragraph (2); and
(ii) by striking the designator `(1)' after the catchline and
preceding the remaining matter;
(B) by striking subsection (f); and
(C) by redesignating subsections (g) and (h) as subsections (f) and
(g);
(55) in section 2867, by striking subsection (c);
(56) in section 4416, by striking subsection (f);
(57) in section 5721(f)--
(A) by striking paragraph (2); and
(B) by striking the designator `(1)' after the catchline and preceding
the remaining matter;
(A) by striking subsection (c);
(B) by redesignating subsections (d) and (e) as subsections (c) and
(d), respectively; and
(C) in subsection (a), by striking `Subject to subsection (c), the
Secretary' and inserting `The Secretary'; and
(A) in subsection (b), by striking the last sentence; and
(B) by striking subsection (d).
(b) DEFENSE ACQUISITION IMPROVEMENT ACT OF 1986- Section 908 of the
Defense Acquisition Improvement Act of 1986 (10 U.S.C. 2326 note) is amended
by striking subsection (b).
(c) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1994- Section 542
of the National Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1659; 10 U.S.C. 113 note) is repealed.
(d) 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. 6951 note) is amended by striking the
last sentence.
(e) BALLISTIC MISSILE DEFENSE ACT OF 1995- Section 234 of the Ballistic
Missile Defense Act of 1995 (Public Law 104-106; 110 Stat. 229, 231; 10 U.S.C.
2431 note) is amended by striking subsection (f).
(f) FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2001- Section 1006 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (Public Law 106-398 Appendix; 114 Stat. 1654A-247; 10
U.S.C. 2226 note) is amended by striking subsection (c).
(g) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2001- Section 8019 of the
Department of Defense Appropriations Act, 2001 (Public Law 106-259; 114 Stat.
678; 10 U.S.C. 2687 note) is amended by striking the last sentence.
(h) MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2001- Section 125 of the
Military Construction Appropriations Act, 2001 (Division A of Public Law
106-246; 114 Stat. 517; 10 U.S.C. 2782 note) is repealed.
SEC. 1012. FREQUENCY OF CERTAIN SURVEYS; SECTION 481 OF TITLE 10.
(a) IN GENERAL- Section 481 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking `an annual survey' and inserting `a
survey not less than once every four years';
(A) by striking `annual';
(B) by striking `the entity' and inserting `an entity'; and
(C) by inserting a period after `Department of Defense' and striking
the remainder of the sentence;
(3) in subsection (c), by striking `annual'; and
(4) in the catchline for the section by striking `annual'.
(b) CLERICAL AMENDMENT- In the table of sections for chapter 23 of such
title 10, in the item relating to section 481, by striking `annual'.
SEC. 1013. QUADRENNIAL DEFENSE REVIEW.
Section 118(a) of title 10, United States Code, is amended by striking
`during a year' and inserting `during the second year'.
Subtitle C--Other Matters
SEC. 1021. EXPLOSIVES SAFETY BOARD.
(a) CLARIFICATION OF AUTHORITY- Section 172 of title 10, United States
Code, is amended--
(1) in the title by striking `Ammunition storage' and inserting
`Explosives safety';
(2) by amending subsection (a) to read as follows:
`(a)(1) The Secretary of Defense is responsible for ensuring the
explosives safety of those military munitions under his control.
`(2) The Secretary may address such safety, as directed in paragraph (1),
through a
joint explosives safety board.'; and
(3) in subsection (b), by striking `Secretaries of the military
departments in carrying out the recommendations in House Document No. 199 of
the Seventieth Congress' and inserting `Secretary of Defense and other
Department of Defense components in implementing explosives safety
standards'.
(b) CLERICAL AMENDMENT- The table of sections is amended by striking the
item that refers to section 272 and inserting:
`272. Explosives safety board.'.
SEC. 1022. AUTHORIZE ARMY AND AIR FORCE 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 the military
department.'.
SEC. 1023. ELIGIBILITY OF INTELLIGENCE SENIOR-LEVEL EMPLOYEES FOR
PRESIDENTIAL RANK AWARDS.
Section 1607 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(c) AWARD OF RANK TO INTELLIGENCE SENIOR LEVEL EMPLOYEES- The President,
based on the recommendations of the Secretary of Defense, may award a rank
referred to in section 4507a of title 5 to Intelligence Senior Level
employees. The award of such rank shall be made in a manner consistent with
the provisions of that section.'.
SEC. 1024. AMENDMENT TO AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC CENTER FOR
SECURITY STUDIES OF FOREIGN GIFTS AND DONATIONS.
(a) IN GENERAL- Section 2611 of title 10, United States code, is
amended--
(1) in the section heading, by striking `foreign';
(A) in the catchline, by striking `FOREIGN';
(i) by striking `foreign'; and
(ii) by adding at the end the following new sentence:
`Such donations may be accepted from any agency of the Federal
Government, any State or local government, any foreign government, any
foundation or other charitable organization (including any that is organized
or operates under the laws of a foreign country), or any other private
source in the United States or a foreign country.';
(3) in subsection (c), by striking `foreign'; and
(4) by striking subsection (f).
(b) CLERICAL AMENDMENT- The table of sections for chapter 155 of such
title 10 is amended with regard to the item that refers to section 2611 by
striking `foreign'.
TITLE XI--MATTERS RELATING TO OTHER NATIONS
SEC. 1101. EXPANSION OF AUTHORITY TO CONDUCT THE ARCTIC MILITARY
ENVIRONMENTAL COOPERATION PROGRAM.
(a) IN GENERAL- Subchapter II of chapter 138 of title 10, United States
Code, is amended by adding at the end the following new section:
`Sec. 23501. Arctic and Western Pacific military environmental cooperation
program
`(a) COOPERATIVE ENVIRONMENTAL PROGRAM- Subject to subsection (b), the
Secretary of Defense, with the concurrence of the Secretary of State, may
conduct an Arctic and Western Pacific military environmental cooperation
program.
`(b) ACTIVITIES UNDER PROGRAM- (1) Subject to paragraph (2), activities
under an Arctic and Western Pacific military environmental cooperation program
as authorized in subsection (a) shall include cooperative and assistance
activities on environmental matters in the Arctic and Western Pacific regions
with the military departments and agencies of other countries, including the
Russian Federation.
`(2) Activities under the Arctic and Western Pacific Military
Environmental Cooperation Program may not include any activities related
to--
`(A) conducting any peacekeeping exercise or other peacekeeping-related
activity with Russia;
`(B) the provision of housing;
`(C) the provision of assistance to promote an environmental
restoration; or
`(D) the provision of assistance to promote job retraining.'.
(b) CLERICAL AMENDMENT- The table of sections for subchapter II of chapter
138 of such title 10 is amended by inserting after the item relating to
section 2350k, the following new item:
`23501. Arctic and Western Pacific military environmental cooperation
program.'.
(c) CONFORMING AMENDMENT- Section 327 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law No. 105-261; 2112
Stat. 1965), is repealed.
SEC. 1102. USE OF WARSAW INITIATIVE FUNDS FOR TRAVEL OF OFFICIALS FROM
PARTNER COUNTRIES.
Section 1051 of title 10, United States Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections (b) and (c),
respectively.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the `Military Construction Authorization Act
for Fiscal Year 2003'.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(1), the Secretary of the
Army may acquire real property and carry out military construction projects
for the installations and locations inside the United States, and in the
amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------
Alabama Anniston Army Depot $1,900,000
Alaska Fort Wainwright $110,100,000
Arkansas Pine Bluff Arsenal $18,937,000
Colorado Fort Carson $1,100,000
Georgia Fort Benning $66,250,000
Fort Stewart/Hunter Army Air Field $26,000,000
Hawaii Schofield Barracks $191,000,000
Kansas Fort Riley 41,000,000
Kentucky Blue Grass Army Depot $5,500,000
Fort Campbell $99,000,000
Louisiana Fort Polk $31,000,000
Maryland Fort Detrick 19,700,000
Missouri Fort Leonard Wood $15,500,000
New York Fort Drum $1,500,000
North Carolina Fort Bragg $67,500,000
Pennsylvania Letterkenny Army Depot $1,550,000
Texas Fort Hood $45,000,000
Washington Fort Lewis $53,800,000
Total $796,337,000
----------------------------------------------------------------
(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
----------------------------------------------------------------
Country Installation or location Amount
----------------------------------------------------------------
Belgium Supreme Headquarters, Allied Powers Europe $13,600,000
Germany Area Support Group, Bamberg $17,200,000
Darmstadt $3,500,000
Grafenwoehr $69,866,000
Mannheim $42,000,000
Schweinfurt $2,000,000
Italy Vicenza $34,700,000
Korea Camp Carroll $20,000,000
Camp Castle $6,800,000
Camp Hovey $25,000,000
Camp Humphreys $36,000,000
Camp Henry $10,000,000
K16 Airfield $40,000,000
Qatar Qatar $8,600,000
Total $329,466,000
----------------------------------------------------------------
(c) UNSPECIFIED WORLDWIDE- Using the amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(3), the Secretary of the
Army may acquire real property and carry out military construction projects
for the installation and location, and in the amount, set forth in the
following table:
Army: Unspecified Worldwide
-------------------------------------------------------
Location Installation Amount
-------------------------------------------------------
Unspecified Worldwide Unspecified Worldwide $4,000,000
-------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(6)(A), the Secretary of
the Army may construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations, for the purposes,
and in the amounts set forth in the following table:
Army: Family Housing
---------------------------------------------------------------
State or Country Installation or location Purpose Amount
---------------------------------------------------------------
Alaska Fort Wainwright 38 Units $17,752,000
Arizona Yuma Proving Ground 33 Units $6,100,000
Germany Stuttgart 1 Unit $990,000
Korea Yongsan 10 Units $3,100,000
Total: $27,942,000
---------------------------------------------------------------
(b) PLANNING AND DESIGN- Using amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(6)(A), the Secretary of the
Army may carry out architectural and engineering services and construction
design activities with respect to the construction or improvement of family
housing units in an amount not to exceed $15,653,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may improve existing military family
housing units in an amount not to exceed $239,751,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL- Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2002, for military construction, land
acquisition, and military family housing functions of the Department of the
Army in the total amount of $2,282,141,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2101(a), $628,337,000.
(2) For military construction projects outside the United States
authorized by section 2101(b), $329,466,000.
(3) For military construction projects at unspecified worldwide
locations authorized by section 2101(c), $4,000,000.
(4) For unspecified minor construction projects authorized by section
2805 of title 10, United States Code, $20,500,000.
(5) For architectural and engineering services and construction design
under section 2807 of title 10, United States Code, $143,524,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design and
improvement of military family housing and facilities,
$283,346,000.
(B) For support of military family housing (including the functions
described in section 2833 of title 10, United States Code),
$1,122,274,000.
(7) For the construction of phase 4 of an ammunition demilitarization
facility at Pueblo Chemical Activity, Colorado, authorized by section
2401(a) of the Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2775), as amended by section
2406 of the Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839) and section 2108 of this
Act, $21,000,000.
(8) For the construction of phase 5 of an ammunition demilitarization
facility at Newport Army Depot, Indiana, authorized by section 2401(a) of
the Military Construction Authorization Act for Fiscal Year 1999 (division B
of Public Law 105-261; 112 Stat. 2193), $42,000,000.
(9) For the construction of phase 5 of an ammunition demilitarization
facility at Aberdeen Proving Ground, Maryland, authorized by section 2401(a)
of the Military Construction Authorization Act for Fiscal Year 1999, as
amended by section 2406 of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1299),
$30,600,000.
(10) For the construction of phase 3 of an ammunition demilitarization
facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a)
of the Military Construction Authorization Act for Fiscal Year 2000 (113
Stat. 835), as amended by section 2405 of the Military Construction
Authorization Act for Fiscal Year 2002 (115 Stat. 1298) and section 2106 of
this Act, $10,300,000.
(11) For the construction of phase 3 of an ammunition demilitarization
support facility at Blue Grass Army Depot, Kentucky, authorized by section
2401(a) of the Military Construction Authorization Act for Fiscal Year 2000,
$8,300,000.
(12) For the construction of phase 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.
(13) For the construction of phase 2 of a barracks complex, D Street, at
Fort Richardson, Alaska, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (115 Stat. 1280),
$21,000,000.
(14) For the construction of phase 2 of a barracks complex, Nelson
Boulevard, at Fort Carson, Colorado, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2002, as amended by
section 2105 of this Act, $42,000,000.
(15) For the construction of phase 2 of a basic combat trainee complex
at Fort Jackson, South Carolina, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2002, as amended by
section 2105 of this Act, $39,000,000.
(16) For the construction of phase 2 of a barracks complex, 17th and B
Streets at Fort Lewis, Washington, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2002,
$50,000,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS- Notwithstanding the
cost variations authorized by section 2853 of title 10, United States Code,
and any other cost variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs (1),
(2), and (3) of subsection (a);
(2) $18,000,000 (the balance of the amount authorized under section
2101(a) for construction of a barracks complex, Main Post, at Fort Benning,
Georgia);
(3) $100,000,000 (the balance of the amount authorized under section
2101(a) for construction of a barracks complex, Capron Avenue, at Schofield
Barracks, Hawaii); and
(4) $50,000,000 (the balance of the amount authorized under section
2101(a) for construction of a barracks complex, Range Road, at Fort
Campbell, Kentucky).
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2002
PROJECTS.
(a) MODIFICATION- The table in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of Public Law
107-107; 115 Stat. 1281) is amended--
(1) in the item relating to Fort Carson, Colorado, by striking
`$66,000,000' in the amount column and inserting `$67,000,000'; and
(2) in the item relating to Fort Jackson, South Carolina, by striking
`$65,650,000' in the amount column and inserting `$68,650,000'.
(b) CONFORMING AMENDMENTS- Section 2104(b) of that Act (115 Stat. 1284) is
amended--
(1) in paragraph (3), by striking `$41,000,000' and inserting
`$42,000,000'; and
(2) in paragraph (4), by striking `$36,000,000' and inserting
`$39,000,000'.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2000
PROJECT.
(a) MODIFICATION- The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of Public Law
106-65; 113 Stat. 835), as amended by section 2405 of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of Public Law
107-107; 115 Stat. 1298), is further amended--
(1) under the agency heading relating to Chemical Demilitarization, in
the item relating to Blue Grass Army Depot, Kentucky, by striking
`$254,030,000' in the amount column and inserting `$290,325,000'; and
(2) by striking the amount identified as the total in the amount column
and inserting `$748,245,000'.
(b) CONFORMING AMENDMENT- Section 2405(b)(3) of that Act (113 Stat. 839),
as so amended, is further amended by striking `$231,230,000' and inserting
`$267,525,000'.
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 1999
PROJECT.
(a) MODIFICATION- The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of Public Law
105-261; 112 Stat. 2193) is amended--
(1) under the agency heading relating to Chemical Demilitarization, in
the item relating to Newport Army Depot, Indiana, by striking `$191,550,000'
in the amount column and inserting `$293,853,000'; and
(2) by striking the amount identified as the total in the amount column
and inserting `$829,919,000'.
(b) CONFORMING AMENDMENT- Section 2404(b)(2) of that Act (112 Stat. 2196)
is amended by striking `$162,050,000' and inserting `$264,353,000'.
SEC. 2108. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 1997
PROJECT.
(a) MODIFICATION- The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of Public Law
104-201; 110 Stat. 2775), as amended by section 2406 of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of Public Law
106-65; 113 Stat. 839), is further amended--
(1) under the agency heading relating to Chemical Demilitarization
Program, in the item relating to Pueblo Chemical Activity, Colorado, by
striking `$203,500,000' in the amount column and inserting `$261,000,000';
and
(2) by striking the amount identified as the total in the amount column
and inserting `$607,454,000'.
(b) CONFORMING AMENDMENT- Section 2406(b)(2) of that Act (110 Stat. 2779),
as so amended, is further amended by striking `$203,500,000' and inserting
`$261,000,000'.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(1), the Secretary of the
Navy may acquire real property and carry out military construction projects
for the installations and locations inside the United States, and in the
amounts, set forth in the following table:
Navy: Inside the United States
--------------------------------------------------------------------------------------------
State Installation or location Amount
--------------------------------------------------------------------------------------------
Arizona Marine Corps Air Station, Yuma $3,000,000
California Auxiliary Landing Field, San Diego (San Clemente Island) $6,150,000
Marine Corps Air Station, Camp Pendleton $11,930,000
Marine Corps Air Station, Miramar $8,700,000
Marine Corps Air-Ground Combat Center, Twentynine Palms $25,770,000
Marine Corps Base, Camp Pendleton $64,040,000
Naval Air Station, Lemoore $16,520,000
Naval Air Warfare Center, Point Mugu, San Nicholas Island $6,760,000
Naval Station, San Diego $3,530,000
District of Columbia Marine Corps Barracks $3,700,000
Florida Naval Air Station, Pensacola $990,000
Naval School Explosive Ordinance Detachment, Eglin $6,350,000
Hawaii Naval Station, Pearl Harbor $10,490,000
Illinois Naval Training Center, Great Lakes $85,100,000
Maine Naval Shipyard, Kittery-Portsmouth $11,600,000
Maryland Naval Air Facility, Andrews Air Force Base $9,680,000
Mississippi Naval Construction Battalion Center, Gulfport $5,460,000
Naval Station, Pascagoula $4,160,000
North Carolina Marine Corps Air Station, Cherry Point $6,040,000
Marine Corps Air Station, New River $6,920,000
Marine Corps Base, Camp LeJeune $5,370,000
South Carolina Marine Corps Air Station, Beaufort $13,700,000
Marine Corps Recruit Depot, Parris Island $10,490,000
Texas Naval Air Station, Kingsville $6,210,000
Virginia Marine Corps Combat Development Command, Quantico $19,554,000
Naval Air Station, Oceana $2,000,000
Naval Shipyard, Norfolk, Portsmouth $19,660,000
Naval Station, Norfolk $158,640,000
Naval Surface Warfare Center, Dahlgren $9,230,000
Naval Weapons Station, Yorktown $15,020,000
Washington Naval Air Station, Whidbey Island $9,180,000
Naval Magazine, Indian Island $4,030,000
Naval Station, Bremerton $43,670,000
Naval Submarine Base, Bangor $5,900,000
Puget Sound Naval Shipyard, Bremerton $54,132,000
Strategic Weapons Facility, Bangor $7,340,000
Various Locations Host Nation Infrastructure $682,016,000
Total $682,016,000
--------------------------------------------------------------------------------------------
(b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(2), the Secretary of the
Navy may acquire real property and carry out military construction projects
for the locations outside the United States, and in the amounts, set forth in
the following table:
Navy: Outside the United States
--------------------------------------------------------------------------------------
Country Installation or location Amount
--------------------------------------------------------------------------------------
Bahrain Naval Support Activity, Bahrain $25,970,000
Diego Garcia Diego Garcia, Naval Support Facility $11,090,000
Greece Naval Support Activity, Joint Headquarters Command, Larissa $14,800,000
Guam Commander, United States Naval Forces, Guam $13,400,000
Iceland Naval Air Station, Keflavik $14,920,000
Italy Naval Air Station, Sigonella $55,660,000
Spain Joint Headquarters Command, Madrid $2,890,000
Total $138,730,000
--------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(5)(A), the Secretary of
the Navy may construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations, for the purposes,
and in the amounts set forth in the following table:
Navy: Family Housing
---------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
---------------------------------------------------------------------------------------------------
California Naval Air Station, Lemoore 178 Units $40,981,000
Twentynine Palms 76 Units $19,425,000
Connecticut Naval Submarine Base, New London 100 Units $24,415,000
Florida Naval Station, Mayport 1 Unit $329,000
Hawaii Marine Corps Base, Kaneohe Bay 65 Units $24,797,000
Mississippi Naval Air Station, Meridian 56 Units $9,755,000
North Carolina Marine Corps Base, Camp LeJeune 317 Units $43,650,000
Virginia Marine Corps Base, Quantico 290 Units $41,843,000
Greece Naval Support Activity Joint Headquarters Command, Larissa 2 Units $1,232,000
United Kingdom Joint Maritime Facility, St. Mawgan 62 Units $18,524,000
Total $224,951,000
---------------------------------------------------------------------------------------------------
(b) PLANNING AND DESIGN- Using amounts appropriated pursuant to the
authorization of appropriation in section 2204(a)(5)(A), the Secretary of the
Navy may carry out architectural and engineering services and construction
design activities with respect to the construction 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
$2,138,619,000, as follows:
(1) For military construction projects inside the United States
authorized by section 2201(a), $633,616,000.
(2) For military construction projects outside the United States
authorized by section 2201(b), $136,160,000.
(3) For unspecified minor construction projects authorized by section
2805 of title 10, United States Code, $23,262,000.
(4) For architectural and engineering services and construction design
under section 2807 of title 10, United States Code, $68,573,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities,
$375,700,000.
(B) For support of military family housing (including functions
described in section 2833 of title 10, United States Code),
$867,788,000.
(6) For replacement of a pier at Naval Station, Norfolk, Virginia,
authorized in section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1287), as
amended by section 2205 of this Act, $33,520,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS- Notwithstanding the
cost variations authorized by section 2853 of title 10, United States Code,
and any other cost variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs (1)
and (2) of subsection (a):
(2) $48,120,000 (the balance of the amount authorized under section
2201(a) for a bachelors enlisted quarters shipboard ashore, Naval Station,
Norfolk, Virginia); and
(3) $2,570,000 (the balance of the amount authorized under section
2201(b) for a quality of life support facility, Naval Air Station Sigonella,
Italy).
SEC. 2205. MODIFICATION TO CARRY OUT CERTAIN FISCAL YEAR 2002 PROJECT.
(a) MODIFICATION- The table in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of Public Law
107-107; 115 Stat. 1286) is amended--
(1) in the item relating to Naval Station, Norfolk, Virginia, by
striking `$139,270,000' in the amount column and inserting `$139,550,000';
and
(2) by striking the amount identified as the total in the amount column
and inserting `$1,059,030,000'.
(b) CONFORMING AMENDMENT- Section 2204(b)(2) of that Act (115 Stat. 1289)
is amended by striking `$33,240,000' and inserting `$33,520,000'.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(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
------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------
Alaska Clear Air Station $14,400,000
Eielson Air Force Base $21,600,000
Arizona Davis-Monthan Air Force Base $19,270,000
Arkansas Little Rock Air Force Base $25,600,000
California Beale Air Force Base $11,740,000
Vandenberg Air Force Base $10,500,000
Colorado Buckley Air National Guard Base $17,700,000
Florida Hurlburt Field $9,000,000
Louisiana Barksdale Air Force Base $10,900,000
Massachusetts Hanscom Air Force Base $7,700,000
Mississippi Keesler Air Force Base $22,000,000
Nevada Nellis Air Force Base $30,450,000
New Jersey McGuire Air Force Base $24,631,000
North Carolina Pope Air Force Base $9,700,000
Ohio Wright-Patterson Air Force Base $10,400,000
Texas Lackland Air Force Base $18,500,000
Sheppard Air Force Base $16,000,000
Virginia Langley Air Force Base $47,940,000
Total $328,031,000
------------------------------------------------------------
(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
--------------------------------------------------------
Country Installation or location Amount
--------------------------------------------------------
Diego Garcia Diego Garcia $17,100,000
Germany Ramstein Air Force Base $70,183,000
Guam Andersen Air Force Base $16,000,000
Korea Osan Air Base $15,100,000
Spain Naval Station, Rota $31,818,000
United Kingdom Royal Air Force, Fairford $19,000,000
Royal Air Force, Lakenheath $13,400,000
Wake Island Wake Island $24,900,000
Total $207,501,000
--------------------------------------------------------
(c) UNSPECIFIED WORLDWIDE- Using the amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(3), the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installation and location, and in the amount, set forth in
the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------
Location Installation Amount
------------------------------------------------------
Unspecified Worldwide Classified Location $55,562,000
Total $55,562,000
------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(6)(A), the Secretary of
the Air Force may construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations, for the purposes,
and in the amounts set forth in the following table:
Air Force: Family Housing
------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
------------------------------------------------------------------------------------------------------
Arizona Luke Air Force Base 140 Units $18,954,000
California Travis Air Force Base 110 Units $24,320,000
Colorado Peterson Air Force Base 2 Units $959,000
United States Air Force Academy 71 Units $12,424,000
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 Base 95 Units $24,392,000
Kansas McConnell Air Force Base Housing Maintenance Facility $1,514,000
Maryland Andrews Air Force Base 53 Units $9,838,000
Andrews Air Force Base 52 Units $8,807,000
Mississippi Columbus Air Force Base Housing Office $412,000
Keesler Air Force Base 117 Units $16,505,000
Missouri Whiteman Air Force Base 22 Units $3,977,000
Montana Malmstrom Air Force Base 18 Units $4,717,000
New Mexico Holloman Air Force Base 101 Units $20,161,000
North Carolina Pope Air Force Base Housing Maintenance Facility $991,000
Seymour Johnson Air Force Base 126 Units $18,615,000
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 Facility $447,000
Ellsworth Air Force Base 22 Units $4,794,000
Texas Dyess Air Force Base 85 Units $14,824,000
Randolph Air Force Base Housing Maintenance Facility $447,000
Randolph Air Force Base 112 Units $14,311,000
Virginia Langley Air Force Base Housing Office $1,193,000
Germany Ramstein Air Force Base 19 Units $8,534,000
Korea Osan Air Base 113 Units $35,705,000
Osan Air Base Housing Supply Warehouse $834,000
United Kingdom Royal Air Force Lakenheath Housing Office and Maintenance Facility $2,203,000
Total $416,438,000
------------------------------------------------------------------------------------------------------
(b) PLANNING AND DESIGN- Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(6)(A), the Secretary of the
Air Force may carry out architectural and engineering services and
construction design activities with respect to the construction or improvement
of military family housing units in an amount not to exceed $34,188,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may improve existing military
family housing units in an amount not to exceed $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 $2,165,203,000, as follows:
(1) For military construction projects inside the United States
authorized by section 2301(a), $328,031,000.
(2) For military construction projects outside the United States
authorized by section 2301(b), $207,501,000.
(3) For the military construction projects at unspecified worldwide
locations authorized by section 2301(c), $55,562,000.
(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, $41,496,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities,
$676,694,000.
(B) For support of military family housing (including functions
described in section 2833 of title 10, United States Code),
$844,419,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS- Notwithstanding the
cost variations authorized by section 2853 of title 10, United States Code,
and any other cost variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the total amount
authorized to be appropriated under paragraphs (1), (2) and (3) of subsection
(a).
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the
authorization of appropriations in section 2404(a)(1), the Secretary of
Defense may acquire real property and carry out military construction projects
for the installations and locations inside the United States, and in the
amounts, set forth in the following table:
Defense Agencies: Inside the United States
-------------------------------------------------------------------------------------------------------------
Agency Installation or location Amount
-------------------------------------------------------------------------------------------------------------
Missile Defense Agency Kauai, Hawaii $23,400,000
Defense Intelligence Agency Bolling Air Force Base, District of Columbia $121,958,000
Defense Logistics Agency Columbus, Ohio $5,021,000
Defense Supply Center, Richmond, Virginia $5,500,000
Naval Air Station, New Orleans, Louisiana $9,500,000
Travis Air Force Base, California $16,000,000
Defense Threat Reduction Agency Fort Belvoir, Virginia $76,388,000
Department of Defense Dependents Schools Fort Bragg, North Carolina $1,825,000
Fort Jackson, South Carolina $2,247,000
Marine Corps Base, Camp LeJeune, North Carolina $10,884,000
Marine Corps Base, Quantico, Virginia $1,272,000
United States Military Academy, West Point, New York $3,898,000
Fort Meade, Maryland $4,484,000
National Security Agency Fort Bragg, North Carolina $30,800,000
Special Operations Command Hurlburt Field, Florida $11,100,000
Naval Amphibious Base, Little Creek, Virginia $14,300,000
Elmendorf Air Force Base, Alaska $10,400,000
TRICARE Management Activity Hickam Air Force Base, Hawaii $2,700,000
Arlington, Virginia $18,000,000
Washington Headquarters Services Washington Headquarters Services, District of Columbia $2,500,000
Total $372,177,000
-------------------------------------------------------------------------------------------------------------
(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
----------------------------------------------------------------------------------------------------------
Agency Installation or location Amount
----------------------------------------------------------------------------------------------------------
Defense Logistics Agency Andersen Air Force Base, Guam $17,586,000
Lajes Field, Azores, Portugal $19,000,000
Naval Forces Marianas Islands, Guam $6,000,000
Naval Station, Rota, Spain $23,400,000
Royal Air Force, Fairford, United Kingdom $17,000,000
Yokota Air Base, Japan $23,000,000
Department of Defense Dependents Schools Kaiserslautern, Germany $858,000
Lajes Field, Azores, Portugal $1,069,000
Seoul, Korea $28,409,000
Supreme Headquarters, Allied Powres Europe, Belgium $1,410,000
Spangdahlem Air Base, Germany $894,000
Vicenza, Italy $1,898,000
TRICARE Management Activity Naval Support Activity, Naples, Italy $41,449,000
Spangdahlem Air Base, Germany $39,629,000
Total $221,602,000
----------------------------------------------------------------------------------------------------------
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 $5,530,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations
in section 2404(a)(4), the Secretary of Defense may carry out energy
conservation projects under section 2865 of title 10, United States Code, in
the amount of $49,531,000.
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
$1,282,585,000, as follows:
(1) For military construction projects inside the United States
authorized by section 2401(a), $335,577,000.
(2) For military construction projects outside the United States
authorized by section 2401(b), $221,602,000.
(3) For unspecified minor construction projects under section 2805 of
title 10, United States Code, $16,293,000.
(4) For contingency construction projects of the Secretary of Defense
under section 2804 of title 10, United States Code, $10,000,000.
(5) For architectural and engineering services and construction design
under section 2807 of title 10, United States Code, $44,132,000.
(6) For energy conservation projects authorized by section 2403 of this
Act, $49,531,000.
(7) For base closure and realignment activities as authorized by the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note), $545,138,000.
(8) For military family housing functions:
(A) For improvement of military family housing and facilities,
$5,480,000.
(B) For support of military family housing (including functions
described in section 2833 of title 10, United States Code),
$42,432,000.
(C) For credit to the Department of Defense Housing Improvement Fund
established by section 2883(a) of title 10, United States Code, as amended
by section 2801(e) of this Act, $2,000,000.
(9) For payment of a claim against the Hospital Replacement project at
Elmendorf Air Force Base, Alaska, $10,400,000.
(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).
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North Atlantic
Treaty Organization Security Investment program as provided in section 2806 of
title 10, United States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section 2502 and the amount
collected from the North Atlantic Treaty Organization as a result of
construction previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years beginning
after September 30, 2002, for contributions by the Secretary of Defense under
section 2806 of title 10, United States Code, for the share of the United
States of the cost of projects for the North Atlantic Treaty Organization
Security Investment program authorized by section 2501, in the amount of
$168,200,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(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 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, $101,595,000;
and
(B) for the Army Reserve, $58,779,000.
(2) For the Department of the Navy, for the Naval and Marine Corps
Reserve, $51,554,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States, $53,473,000;
and
(B) for the Air Force Reserve, $31,900,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED
BY LAW.
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS- Except as provided in
subsection (b), all authorizations contained in titles XXI through XXVI for
military construction projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty Organization
Security Investment program (and authorizations of appropriations therefor)
shall expire on the later of--
(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--
(2) the date of the enactment of an Act authorized funds for fiscal year
2005 for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2000
PROJECTS.
(a) EXTENSION OF CERTAIN PROJECTS- Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 841), authorizations set forth in the tables in
subsection (b), as provided in section 2302 or 2601 of that Act, shall remain
in effect until October 1, 2003, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2004, whichever is
later.
(b) TABLES- The tables referred to in subsection (a) are as follows:
Air Force: Extension of 2000 Project Authorization
-------------------------------------------------------------------------------
State Installation or location Project Amount
-------------------------------------------------------------------------------
Oklahoma Tinker Air Force Base Replace Family Housing (41 Units) $6,000,000
-------------------------------------------------------------------------------
Army National Guard: Extension of 2000 Project Authorization
--------------------------------------------------------------------------------
State Installation or location Project Amount
--------------------------------------------------------------------------------
Virginia Fort Pickett Multi-Purpose Range Complex-Heavy $13,500,000
--------------------------------------------------------------------------------
(c) EXTENSION OF ADDITIONAL PROJECT- Notwithstanding any other provision
of law, the authorization set forth in the table in subsection (d), as
provided in section 8160 of the Department of Defense Appropriations Act, 2000
(Public Law 106-79; 113 Stat. 1274), shall remain in effect until October 1,
2003, or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2004, whichever is later.
(d) TABLE FOR EXTENSION OF ADDITIONAL PROJECT- The table referred to in
subsection (c) is as follows:
Army National Guard: Extension of 2000 Project Authorization
------------------------------------------------------------------
State Installation or location Project Amount
------------------------------------------------------------------
Pennsylvania Connellsville Readiness Center $1,700,000
------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1999
PROJECTS.
(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 Units) $8,988,000
Florida Patrick Air Force Base Replace Family Housing (46 Units) $9,692,000
New Mexico Kirtland Air Force Base Replace Family Housing (37 Units) $6,400,000
Ohio Wright-Patterson Air Force Base Replace Family Housing (40 Units) $5,600,000
----------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, and XXVII of this Act shall take
effect on the later of--
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction and Military Family
Housing
SEC. 2801. ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) UTILITIES AND SERVICES- Section 2872a(b) of title 10, United States
Code, is amended by adding the following new paragraphs at the end thereof:
`(11) Fire fighting and Protection.
`(12) Police Protection.'.
(b) LEASING OF HOUSING- (1) Section 2874(a) of title 10, United States
Code, is amended--
(A) by striking `to be constructed' in the heading; and
(B) by striking `military family housing units or military
unaccompanied housing units to be constructed under this subchapter.' and
inserting `housing units that the Secretary determines are suitable for
use as military family housing or military unaccompanied
housing.'.
(2) The table of sections for subchapter IV of chapter 169 of title 10,
United States Code, is amended by striking the item relating to section 2874
and inserting the following:
`2874. Leasing of housing.'.
(c) INTERIM LEASES- (1) Section 2879 of title 10, United States Code, is
repealed.
(2) The table of sections for subchapter IV of Chapter 169 of title 10,
United States Code, is amended by striking the item relating to section
2879.
(d) UNIT SIZE AND TYPE- Section 2880(b)(2) of title 10, United States
Code, is amended by striking `unless the unit is located on a military
installation'.
(e) DEPARTMENT OF DEFENSE HOUSING FUND- (1) Section 2883 of title 10,
United States Code, is amended--
(A) by striking subsections (a), (b), and (c); and
(B) by inserting at the beginning the following new subsections (a) and
(b):
`(a) ESTABLISHMENT- There is hereby established on the books of the
Treasury the Department of Defense Housing Improvement Fund.
`(b) CREDITS TO FUNDS- There shall be credited to the Department of
Defense Housing Improvement Fund the following:
`(1) Amounts authorized for and appropriated to that Fund.
`(2) Subject to subsection (e), any amounts that the Secretary of
Defense transfers, in such amounts as provided in appropriation Acts to that
Fund from amounts authorized and appropriated to the Department of Defense
for the acquisition or construction of military family housing or military
unaccompanied housing.
`(3) Proceeds from the conveyance or lease of property or facilities
under section 2878 of this title for the purpose of carrying out activities
under this subchapter with respect to military family housing or military
unaccompanied housing.
`(4) Income derived from any activities under this subchapter with
respect to military family housing or military unaccompanied housing, income
and gains realized from investments under section 2875 of this title, and
any return of capital invested as part of such investments.
`(5) Any amounts that the Secretary of the Navy transfers to that Fund
pursuant to section 2814(i)(3) of this title, subject to the restrictions on
the use of the transferred amounts specified in that section.';
(C) by redesignating subsections (d) through (g) as (c) through (f),
respectively;
(D) in subsection (c), as redesignated by subparagraph (C),
(i) in paragraph (1), by striking `Family';
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as paragraph (2);
(E) in subsection (e), as redesignated by subparagraph (C), by striking
`a Fund under paragraph (1)(B) or (2)(B) of subsection (c)' and inserting
`the Fund under paragraph (2) of subsection (b)'; and
(F) in subsection (f), as redesignated by subparagraph (C)--
(i) in paragraph (1), by striking $850,000,000' and inserting
`$1,700,000,000' and
(ii) in paragraph (2), by striking $150,000,000 and inserting-
$300,000,000.
(2) Section 2871(6) of such title 10 is amended by striking `Family
Housing Improvement Fund or the Department of Defense Military Unaccompanied
Housing Improvement Fund' and inserting `Housing Improvement Fund'.
(3) Section 2875(e) of such title 10 is amended by striking `Family
Housing Improvement Fund or the Department of Defense Military Unaccompanied
Housing Improvement Fund' and inserting `Housing Improvement Fund'.
SEC. 2802. REPEAL OF SOURCE REQUIREMENTS FOR OVERSEAS FAMILY-- HOUSING
CONSTRUCTION.
Section 803 of the Military Construction Authorization Act, 1984 (Public
Law 98-115; 97 Stat. 784), as amended, is repealed.
Subtitle B--Real Property and Facilities Administration
SEC. 2803. CONVEYANCE OF SURPLUS REAL PROPERTY FOR NATURAL RESOURCE
CONSERVATION PURPOSES.
(a) IN GENERAL- Chapter 159 of title 10, United States Code, is amended by
inserting after section 2669 the following new section:
`Sec. 2669a. Conveyance of surplus real property for natural resource
conservation purposes
`(a) AUTHORITY TO CONVEY- The Secretary of a military department, in his
sole discretion, may convey surplus real property under its jurisdiction that
is suitable and desirable for conservation purposes to any state or local
government, or instrumentality thereof, or nonprofit organization that exists
for the primary purpose of conservation of natural resources on real property.
This authority shall only apply to surplus real property that the disposing
agency has certified has been made available for public benefit transfer, has
been available for a sufficient time to potential claimants and for which
there is no pending request for transfer to another Federal agency or for
conveyance to any other qualified recipient for public benefit transfer, under
the real property disposal processes and authorities established pursuant to
the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471,
et seq.). The consideration for such conveyance shall be determined by the
Secretary pursuant to subsection (e).
`(b) DEED REQUIREMENTS- The deed of conveyance of any surplus real
property disposed of under this subsection--
`(1) shall provide that all such property shall be used and maintained
for the conservation of natural resources in perpetuity, and that in the
event that such property ceases to be used or maintained for such purpose
during such period, all or any portion of such property shall in its then
existing condition, at the option of the United States, revert to the United
States;
`(2) may permit the grantee to convey the property to another eligible
entity; provided the Secretary of the military department approves the
conveyance in writing and the property shall be subject to the same
covenants and terms and conditions as provided in the deed from the United
States;
`(3) may permit incidental revenue-producing activities that are
compatible with the use of the property for conservation purposes;
`(4) may contain such additional terms, reservation, restrictions and
conditions as may be determined by the Secretary to safeguard the interests
of the United States.
`(c) RELEASE OF COVENANTS- The Secretary, with the concurrence of the
Secretary of Interior, may grant a release from the covenant described in
subsection (b) on the condition that the grantee pay the fair market value, as
determined by the Secretary, of the property at the time of the release of the
covenant. The Secretary may reduce the amount owed for release of such
covenant taking into account the value of the natural resource conservation
benefit that has accrued during the period of the conveyance and which benefit
was not previously taken into account in (a).
`(d) LIMITATIONS- Such conveyance shall not be used in settlement of any
litigation, dispute, or claim against the United States, nor as a condition of
allowing any defense activity under any Federal, State, or local permitting or
review process. The Secretary may use such conveyances, with the restrictions
set forth in subsection (b), to establish mitigation banks outside the context
of being a condition imposed by any Federal, State, or local regulatory body
for granting a permit, completion of review, or otherwise granting permission
for a proposed military action other than establishment of a mitigation
bank.
`(e) CONSIDERATION- In fixing the consideration for the property or in
determining the amount of any reduction of the fair market value owed for the
release of the covenant under subsection (c), the Secretary of the military
department 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.
`(f) REAL PROPERTY DECLARED SURPLUS AS A RESULT OF A BASE CLOSURE LAW- The
Secretary concerned may not dispose of any real property declared surplus as a
result of a base closure law under this section in a manner inconsistent with
the requirements and preferences established under a base closure law.
`(g) DEFINITIONS- (1) The term `States' as used in this section includes
the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the
Northern Marianas and the territories and possessions of the United States.
`(2) The term `base closure law' means the Defense Authorization
Amendments and Base Closure and Realignment Act of 1988 (Public Law 100-526),
the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or
similar base closure authority.'.
(b) AGREEMENTS WITH NONPROFIT CONSERVATION NATURAL RESOURCE ORGANIZATIONS-
Section 2701(d) of such title 10 is amended--
(1) in paragraph (1), by inserting `or nonprofit conservation
organization' after `any Indian tribe';
(2) in paragraph (3), by adding at the end the following sentence: `The
term conservation organization as used in this section means
non-governmental nonprofit organizations that exist for the primary purpose
of conserving open space or natural resources.'.
(c) ACCEPTANCE OF FUNDS TO COVER ADMINISTRATIVE EXPENSES- Section 2695(b)
of such title 10 is amended by adding at the end the following new
paragraph:
`(4) The conveyance of real property under section 2669a of this
title.'.
(d) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter 159 is amended by inserting after the item relating to section 2669
the following new item:
`2669a. Conveyance of surplus real property for natural resource
conservation purposes.'.
SEC. 2804. LEASING OF MILITARY FAMILY HOUSING IN KOREA.
Section 2828 (e)(3) is amended--
(1) by striking 800 units and inserting 1,175 units; and
(2) by adding at the end the following new sentence: `Additionally, the
Secretary of the Army may lease not more than 2,400 units of family housing
in Korea subject to a maximum amount of $35,000.'.
SEC. 2805. PROGRAM ON REDUCTION IN LONG-TERM FACILITY MAINTENANCE
COSTS.
(a) DEMONSTRATION PROGRAM- The Secretary of Defense may conduct a
demonstration program to assess the feasibility and desirability of including
facilities maintenance requirements in construction contracts for military
construction projects. The purpose of the demonstration program is to
determine if such requirements facilitate reductions in the long-term
maintenance costs of the Military Departments.
(b) CONTRACTS- The demonstration program authorized in subsection (a) is
limited to 12 contracts entered into on or after the date of enactment of this
Act.
(c) EFFECTIVE PERIOD OF MAINTENANCE REQUIREMENTS- A maintenance
requirement that is included in a construction contract under the authority of
this section shall not exceed five years.
(d) EXPIRATION- The authority under subsection (a) to include maintenance
requirements in construction contracts under the demonstration program shall
expire on September 30, 2006.
(e) FUNDING- Amounts authorized to be appropriated for the Secretary of
Defense for a fiscal year for military construction shall be available for the
demonstration program under this section in such fiscal year.
SEC. 2806. BOUNDARY CHANNEL DRIVE SITE LAND ACQUISITION, ARLINGTON,
VIRGINIA.
(a) ACQUISITION AUTHORIZED- Using amounts appropriated pursuant to the
authorization of appropriations in section 2401, the Secretary of Defense may
acquire all right, title, and interest to a parcel of real property, including
any improvements thereon, consisting of approximately 7.2 acres known as the
Boundary Channel Drive Site in Arlington County, Virginia. The site is located
southeast of Interstate 395 at the end of Boundary Channel Drive and was most
recently occupied by the Twin Bridges Marriott.
(b) DESCRIPTION OF PROPERTY- The exact acreage and legal description of
the real property to be acquired under subsection (a) shall be determined by a
survey satisfactory to the Secretary. Upon acquisition, this property shall be
included in the Pentagon Reservation as defined in section 2674(f) of title
10, United States Code.
(c) TERMS AND CONDITIONS- The Secretary may require such terms and
conditions in connection with the acquisition under subsection (a) as the
Secretary considers appropriate to protect the interests of the United
States.
Subtitle C--Other Matters
SEC. 2810. ENVIRONMENTAL RESTORATION PROJECT.
(a) IN GENERAL- Section 2810 of title 10, United States Code, is amended
to read as follows:
`Sec. 2810. Environmental restoration projects
`(a) ENVIRONMENTAL RESTORATION PROJECTS- Subject to subsection (c), the
Secretary concerned may carry out an environmental restoration project if the
Secretary concerned determines that the project is necessary to carry out a
response action under chapter 160 of this title or under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.).
`(b) LIMITATION OF FUND SOURCE- Funds authorized for deposit in an account
established under subsection (a) of section 2703 of this title shall be the
only source of funds to conduct an environmental restoration project under
this section.
`(c) DEFINITIONS- In this section--
`(1) the term `response action' has the meaning given that term in
section 101 of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601);
`(2) the term `environmental restoration project' includes construction,
development, conversion, or extension of a structure or installation of
equipment in direct support of a response action.
When included in an environmental restoration project, such construction,
development, conversion, extension, or installation shall not be considered as
military construction as that term is defined in section 2801 of this
title.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
169 is amended by amending the item related to section 2810 to read as
follows:
`2810. Environmental restoration project.'.
END