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.
(Sec. 104) Authorizes appropriations for FY 2003 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the chemical demilitarization program; and (4) defense health programs.
Subtitle B: Army Programs - (Sec. 111) Amends the National Defense Authorization Act for Fiscal Year 1998 to: (1) extend through 2004 a pilot program on sales of manufactured articles and services of certain Army industrial facilities without regard to their availability from domestic sources; (2) allow the use of a percentage of Army surplus funds for unutilized plant capacity to be transferred and used for the demilitarization of Army conventional ammunition; and (3) require the Inspector General of the Department of Defense (DOD) to review the experience under the above pilot program and report review results to Congress.
(Sec. 112) Requires the Chief of the National Guard Bureau to submit to the Chief of Staff of the Army a report on the requirements for Army National Guard aviation. Directs the Army Chief of Staff to forward such report, with recommendations, to the defense committees.
(Sec. 113) Authorizes the Secretary of the Army, beginning with the FY 2003 program year, to enter into a multiyear contract for the procurement of vehicles under the Family of Medium Tactical Vehicles program after making certain certifications to the defense and appropriations committees with respect to program parameters and total cost. Authorizes the Secretary of Defense (Secretary) to waive the total cost limitations upon certification to such committees that the waiver serves national security interests.
Subtitle C: Navy Programs - (Sec. 121) Amends the National Defense Authorization Act for Fiscal Year 1997 to extend until October 1, 2007, multiyear procurement authority for DDG-51 class destroyers.
(Sec. 122) Expresses the sense of Congress that the Secretary of the Navy should maintain a scope of conversion for Ticonderoga-class cruisers so that all 27 cruisers are covered and modernized.
(Sec. 123) Continues in effect a current Navy contract for the operation of five Champion-class T-5 fuel tanker vessels until either contract termination or until the vessels are no longer used.
Subtitle D: Air Force Programs - (Sec. 131) Authorizes the Secretary of the Air Force, beginning with the FY 2003 program year, to enter into a multiyear contract for the procurement of up to 64 C-130J aircraft after undertaking certain testing and software upgrades.
(Sec. 132) Directs the Secretary of the Air Force to submit to the defense and appropriations committees a list of Air Force programs designated as acquisition reform pathfinder programs. Sets forth provisions requiring program oversight and reports to the defense and appropriations committees.
(Sec. 133) Prohibits the Secretary of the Air Force from entering into a lease under a multi-year pilot program for leasing general purpose Boeing 767 and 737 aircraft for the acquisition of Air Force tanker aircraft until: (1) such Secretary submits a required report; (2) authorization and appropriation of funds are provided by law; and (3) a new start reprogramming notification for necessary funding has been submitted.
Subtitle E: Other Programs - (Sec. 141) Directs the Secretary to ensure that the chemical agents and munitions stockpile destruction program is managed as a major defense acquisition program. Directs the Under Secretary of Defense (Comptroller), beginning with the budget request for FY 2004, to submit to the defense and appropriations committees a certification that the budget request for such program has been submitted in accordance with separate budgeting requirements under the Department of Defense Authorization Act, 1986.
(Sec. 142) Directs the Secretary to report to Congress on unmanned aerial vehicle systems of DOD.
(Sec. 143) Prohibits the obligation of authorized funds for the Global Information Grid system until the Secretary submits to the defense and appropriations committees a plan relating to bandwidth expansion efforts.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY 2003 for the armed forces for research, development, test, and evaluation (RDT&E). Earmarks specified amounts for the Defense Science and Technology Program, including basic research, applied research, and advanced technology development projects.
(Sec. 203) Authorizes appropriations for carrying out DOD health care programs, projects, and activities.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Requires quarterly reports during FY 2003 from the Secretary of the Army to the defense committees on the progress of the restructured engineering and manufacturing development phase of the RAH-66 Comanche aircraft program.
(Sec. 212) Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to extend through FY 2008 a requirement relating to management responsibility for naval mine countermeasures programs. Requires the Joint Requirements Oversight Council (JROC) to carry out responsibilities under such program. Prohibits the Secretary from carrying out any change with respect to such program's master plan or budget resource until the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) has notified the defense and appropriations committees.
(Sec. 213) Revises plan requirements under the DOD Manufacturing Technology Program and requires reports biennially (currently, annually).
(Sec. 214) Transfers funds authorized and appropriated for FY 2002 for procurement of the Advanced SEAL Delivery System to amounts to be used during FY 2003 for RDT&E for such System.
(Sec. 215) Directs the Secretary of the Army to report to Congress on the Army experimentation program regarding objective force design as required under a prior defense authorization Act.
(Sec. 216) Directs the Secretary to carry out a program to provide the Army, not later than FY 2008, with a self-propelled Future Combat Systems non-line-of-sight cannon indirect fire capability to equip the objective force. Requires a program report from the Secretary to the defense and appropriations committees. Earmarks program funds from Army RDT&E funds.
(Sec. 217) Prohibits the Medical Free Electron Laser Program from being transferred from DOD to the National Institutes of Health or any other Federal department or agency.
(Sec. 218) Earmarks specified Navy RDT&E funds for requirements development for the littoral combat ship, but requires a development report from the Secretary of the Navy to the defense and appropriations committees before such funds may be obligated. Specifies requirements to be included under the acquisition strategy for such ship.
Subtitle C: Ballistic Missile Defense - (Sec. 221) Requires: (1) an annual report from the Secretary to the defense and appropriations committees on requirements relating to ballistic missile defense programs; (2) RDT&E with respect to such programs to be separately budget-justified; (3) the JROC to review missile defense program criteria of the Missile Defense Agency; and (4) the Secretary to submit JROC review results to the defense and appropriations committees.
(Sec. 222) Requires responsibility for RDT&E related to system improvements of ballistic missile defense programs to remain with the Director of the Missile Defense Agency.
(Sec. 223) Prohibits the obligation of more than 85 percent of the funds authorized for the Theater High Altitude Area Defense program until the Secretary submits to the defense and appropriations committees such program's estimated total life cost.
(Sec. 224) Requires the Missile Defense Agency Director to provide the defense and appropriations committees information on the results of each flight of the Ground-based Midcourse national missile defense system.
(Sec. 225) Amends various Federal provisions and national defense authorization Acts to reflect the change in the name of the Ballistic Missile Defense Organization to the Missile Defense Agency.
(Sec. 226) Prohibits the obligation of funds available to DOD or the Department of Energy for RDT&E, or for procurement, of a nuclear armed interceptor as a component of a missile defense system.
Subtitle D: Improved Management of Department of Defense Test and Evaluation Facilities - (Sec. 231) Establishes within DOD a Department of Defense Test Resource Management Center, headed by a Director and Deputy Director. Requires the Director, at least every two fiscal years, to complete a strategic plan reflecting DOD needs with respect to test and evaluation facilities and resources over a ten-year period. Requires the Director to submit each plan to the Secretary, to be forwarded to the defense and appropriations committees with comments and recommendations. Requires the Director to review each test and evaluation facility and resource budget submitted by each military department and defense agency and to report to the Secretary on budget accuracy and whether such budgets support the applicable strategic plan. Directs the Secretary to report annually to Congress on the proposed budgets.
(Sec. 232) Directs the Secretary to establish an objective for institutional funding of test and evaluation facilities by FY 2006.
(Sec. 233) Directs the Secretary to implement a single financial management and accounting system for all DOD test and evaluation facilities as soon as practicable, but by no later than September 30, 2006.
(Sec. 234) Requires the Under Secretary to report to Congress on capabilities of the DOD test and evaluation workforce, including a plan to ensure that such workforce is of sufficient size and expertise to timely and accurately identify issues of military suitability and effectiveness of DOD systems through appropriate testing.
(Sec. 235) Requires the Director of Operational Test and Evaluation to include in a required annual operational test and evaluation report an assessment of the waivers and deviations from DOD system test and evaluation master plans and other requirements.
Subtitle E: Other Matters - (Sec. 241) Authorizes the Secretary to carry out a three-year pilot program to demonstrate improved efficiency in the performance of DOD RDT&E functions. Requires reports from the Secretary to Congress on such program and the revitalization pilot programs (previously authorized). Extends the revitalization pilot programs for an additional three years. Authorizes laboratories and test centers participating in any of the pilot programs to enter into cooperative agreements with private-sector entities and institutions of higher education for the performance of work.
(Sec. 242) Directs the Secretary to carry out a Technology Transition Initiative to facilitate the rapid transition of new technologies from science and technology programs of DOD into acquisition programs for the production of such technologies. Requires projects for the Initiative to be submitted by the military departments and defense agencies. Establishes a Technology Transition Council. Requires the Under Secretary to report annually to the defense and appropriations committees on Initiative activities. Earmarks DOD RDT&E funds for such Initiative.
(Sec. 243) Directs the Secretary to carry out the Defense Acquisition Challenge Program for the increased introduction of innovative and cost-saving technologies in DOD acquisition programs. Requires the Under Secretary to establish one or more panels of highly qualified scientists and engineers to evaluate Program proposals. Provides for full review and evaluation of all Program proposals submitted by appropriate DOD officials. Directs the Under Secretary, in carrying out each evaluation, to ensure the elimination of conflicts of interest. Requires reports during the Program period (until the end of FY 2007).
(Sec. 244) Directs the Secretary to carry out a three-year program of outreach to small businesses and non-traditional defense contractors to review and evaluate activities and technologies that have the potential for meeting the DOD mission of combating terrorism. Requires a review panel to evaluate program proposals.
(Sec. 245) Directs the Secretary to carry out a vehicle fuel cell technology development program in cooperation with the Secretary of Energy, appropriate Federal agencies, and industry. Earmarks specified RDT&E funds for the program.
(Sec. 246) Requires the Secretary to carry out a defense nanotechnology research and development (R&D) program. Requires the Director of Defense Research and Engineering, during each of 2004 through 2007, to report to the defense and appropriations committees on such program.
(Sec. 247) Amends the National Defense Authorization Act for Fiscal Year 1995 to authorize additional activities under the Defense Experimental Program to Stimulate Competitive Research.
(Sec. 248) Extends through FY 2007 the authority of the Defense Advanced Research Projects Agency to award prizes for defense advanced technology development achievements. Requires a report from the Agency Director to the defense and appropriations committees on the Director's proposal for the administration of such program. Authorizes the Secretaries of the military departments and the heads of defense agencies to carry out a program to award cash prizes in recognition of outstanding achievements designed to promote science, mathematics, engineering, or technology education in support of DOD missions. Limits cash prizes to $1 million. Requires an annual report from each Secretary and agency head on the administration of the awards program. Terminates at the end of FY 2006 the authority to award such prizes.
(Sec. 249) Directs the Secretary to submit to Congress a plan for a five-year research program to provide for the incorporation of results of basic research on sensors into the measurement and signatures intelligence systems of the United States.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY 2003 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of DOD.
(Sec. 302) Authorizes appropriations for FY 2003 for: (1) working capital and revolving funds; and (2) the Armed Forces Retirement Home.
(Sec. 304) Earmarks specified O&M funds to make grants to the National Guard Youth Foundation.
Subtitle B: Environmental Provisions - (Sec. 311) Authorizes the use of cross-fiscal year agreements under DOD cooperative agreements for environmental purposes.
(Sec. 312) Directs the Secretary to establish a program manager to serve as the single point of contact in DOD for policy and budgeting issues involving the characterization, remediation, and management of explosive and related risks with respect to unexploded ordnance, discarded military munitions, and munitions constituents at defense sites that pose a threat to human health or safety.
(Sec. 313) Authorizes the Secretary or the Secretary of a military department to carry out an environmental restoration project determined necessary as a DOD response under current requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Prohibits any project construction, development, conversion, or extension from being considered military construction.
(Sec. 314) Directs the Secretary to: (1) develop and implement a tracking system to identify the extent to which the Defense Logistics Agency procures environmentally preferable procurement items or items made with recovered material; (2) assess the need to train and educate DOD procurement officials toward such procurement; and (3) report to the defense committees on the results of the tracking system.
(Sec. 315) Makes specified provisions of the Migratory Bird Treaty Act inapplicable to the incidental taking of a migratory bird by a member of the armed forces during an authorized military readiness activity for the period beginning on the date of enactment of this Act and ending on the date that regulations concerning such taking have taken effect. Provides for incidental taking after the interim period. Limits judicial review with respect to such regulations.
Subtitle C: Commissaries and Nonappropriated Fund Instrumentalities - (Sec. 321) Authorizes the Secretary of a military department to provide base operating support for Fisher Houses associated with health care facilities of that department.
(Sec. 322) Authorizes a member of the National Guard called to duty during a national emergency to use commissary stores and morale, welfare, and recreation (MWR) retail facilities during such duty on the same basis as active-duty military personnel.
(Sec. 323) Allows DOD MWR funds to be treated as nonappropriated funds and expended in accordance with laws applicable to the expenditure of such funds. Authorizes the Secretary to identify positions of employment within DOD MWR programs which are paid with appropriated funds whose status may be converted to positions of employment with a nonappropriated fund instrumentality.
(Sec. 324) Includes Navy Exchange Markets in authorized rebate agreements under the DOD special supplemental food program. Allows such agreements to last up to three years.
Subtitle D: Workplace and Depot Issues - (Sec. 331) Requires the Secretary, upon completion of an analysis of a DOD commercial- or industrial-type function for possible conversion to performance by the private sector, to submit to Congress a report containing analysis results and related information.
(Sec. 332) Authorizes the Secretary or the Secretary of a military department to waive the prohibition against the contracting for the performance of security-guard functions at a military installation and to enter into such a contract when undertaken in response to the terrorist attacks of September 11, 2001, if: (1) without the contract, members of the armed forces would be used; and (2) the Secretary concerned makes certain determinations concerning the use of contractor personnel for such purposes. Terminates such authority three years after enactment of this Act. Requires the Secretary to develop a needs assessment and plan with respect to such contracting.
(Sec. 333) Repeals obsolete provisions concerning the use of competitive procedures in contracting for the performance of depot-level maintenance and repair workloads formerly performed at closed or realigned military installations.
Subtitle E: Defense Dependents Education - (Sec. 341) Earmarks specified defense-wide O&M funds for providing assistance to local educational agencies that benefit dependents of military personnel and DOD civilian employees. Requires the Secretary to notify each educational agency eligible for such assistance.
(Sec. 342) Amends the Defense Department Overseas Teachers Pay and Personnel Practices Act to authorize a military quarters allowance for teachers unaccompanied by dependents who are required to reside on the Guantanamo Bay Naval Station, Cuba.
(Sec. 343) Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary to fund summer school programs on the same basis as programs offered during the regular school year.
(Sec. 344) Amends the Elementary and Secondary Education Act of 1965 to make eligible for basic support payments made to local educational agencies those heavily impacted agencies affected by the privatization of military housing.
(Sec. 345) Amends the National Defense Authorization Act for Fiscal Year 2002 to include within a required study by the Comptroller General (CG) whether the process for setting the compensation for teachers participating in the defense dependents' education program is efficient and cost-effective. Extends a related report requirement.
Subtitle F: Information Technology - (Sec. 351) Directs the Secretary to submit to Congress a description of, and relevant budget information on, each DOD information technology and national security capital asset that, for the fiscal year in which: (1) the budget is submitted, has a cost in excess of $10 million; and (2) the description is submitted, has a cost in excess of $30 million and an estimated life cycle cost in excess of $120 million. Requires additional information with respect to such high-threshold assets.
(Sec. 352) Directs the Secretary to establish a policy to limit the acquisition of information assurance technology products to those products that have been evaluated and validated in accordance with appropriate criteria, schemes, or programs. Authorizes the Secretary to waive such policy for U.S. national security purposes.
(Sec. 353) Directs the Secretary to: (1) establish clear and uniform policy and procedures, applicable to the military departments and defense agencies, regarding the installation and connection of telecom switches to the Defense Switch Network; and (2) prepare and maintain an inventory of untested telecom switches that have been added to such Network.
Subtitle G: Other Matters - (Sec. 361) Requires monthly reports to the defense and appropriations committees (currently, to Congress) on the allocation of funds within DOD O&M budget subactivities.
(Sec. 362) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to: (1) extend through FY 2004 the arsenal program support initiative (a program of support for Army manufacturing arsenals); (2) extend and revise related reporting requirements; and (3) extend through FY 2003 the defense employees work safety demonstration program.
(Sec. 364) Prohibits the Secretary from authorizing the Defense Security Service to impose investigative fees on a fee-for-service basis unless the Secretary certifies in advance to the defense committees that the Service has the financial systems in place to accurately determine the cost of such services.
(Sec. 365) Authorizes the Secretary to make available logistics support and services in support of contractor performance in a DOD contract for the construction, modification, or maintenance of a weapon system entered into by a DOD official. Limits the number of such contracts to five, the total estimated costs of all such contracts to $100 million, and contract duration to five years. Requires the Secretary to prescribe regulations ensuring that such services are provided only when in the best interests of the United States. Terminates such authority on September 30, 2007.
(Sec. 366) Directs the Secretary to develop and submit to Congress a plan for using existing military authorities to address training restraint caused by limitations on the use of military lands, marine areas, and airspace that are available in the United States and overseas for training of the armed forces. Requires a report from the Secretary to Congress on DOD plans to improve the Global Status of Resources and Training System. Requires the: (1) Secretary to develop and maintain a training range inventory for each military branch; and (2) Comptroller General (CG) to evaluate the plan and report submitted under this section.
(Sec. 367) Directs the Secretary of the Army to conduct a preliminary engineering study and environmental analysis to evaluate the feasibility of establishing a connector between Richmond Highway (U.S. Route 1) and Telegraph Road, in order to provide an alternative to certain roads closed as a force protection measure. Expresses the sense of Congress that the study should consider as one alternative the extension of Old Mill Road between Richmond Highway and Telegraph Road. Requires a report from the Secretary to Congress. Provides funds through Army O&M funds.
(Sec. 368) Amends the National Defense Authorization Act for Fiscal Year 1998 to extend through FY 2004 the warranty claims recovery pilot program.
(Sec. 369) Includes nonprofit military aviation heritage foundations and associations among entities eligible to receive transfers of excess DOD materiel.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth the authorized end strengths for active-duty forces as of the end of FY 2003. Revises certain permanent end strength minimum levels.
(Sec. 403) Authorizes: (1) the Secretary to increase the active-duty end strength by up to three percent in the national security interest; and (2) the Secretary of the military department concerned to increase the authorized active-duty end strength by up to two percent in order to enhance manning and readiness in essential units or in critical specialties or ratings.
(Sec. 404) Excludes from general and flag officer end strength limits the Senior Military Assistant to the Secretary of Defense. Increases the number of lieutenant generals authorized for the Marine Corps. Directs the Secretary to review and report to Congress on current active-duty and reserve general and flag officer end strength limitations.
(Sec. 405) Extends through December 31, 2004, certain authorities relating to the management of end strengths of general and flag officers in certain grades.
(Sec. 406) Increases the authorized end strength for Marine Corps officers on active duty in the grade of colonel.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth the authorized end strengths as of the end of FY 2003 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth the minimum end strength for FY 2003 for Army and Air Force dual status military technicians.
(Sec. 414) Places specified FY 2003 limitations on the number of dual-status and non-dual status technicians employed by the Army and Air Force.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY 2003 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - (Sec. 501) Extends through December 31, 2004, the waiver from the significant joint duty experience requirement for officers appointed to a reserve chief or Guard director position when such waiver is exercised for the good of the service. Requires a report from the Secretary to the defense committees on: (1) steps that have been taken to ensure that Reserve and National Guard officers receive significant joint duty experience; and (2) the date by which no further extension will be required.
(Sec. 502) Excludes certain officers from the ten-percent limit on the authority to grant a waiver from the sequencing or completion of a program of joint professional military education for officers selected to the joint specialty. Terminates such exclusion on October 1, 2006.
(Sec. 503) Authorizes the Secretary of a military department to order to active duty a retired officer having expertise as an aviator to fill positions normally filled by aviators on active duty, with the officer's consent. Limits such authority to 500 officers at any one time. Terminates such authority at the end of FY 2008.
(Sec. 504) Requires the heads of the Nurse Corps for the Army, Navy, and Air Force to be appointed in the grade of major general (currently, brigadier general). Establishes the positions of: (1) Chief of Legislative Liaison in both the Army and Air Force in the grade of major general; (2) Chief of Legislative Affairs in the Navy in the grade of rear admiral; and (3) Legislative Assistant to the Commandant of the Marine Corps in a grade above colonel.
(Sec. 505) Authorizes the Secretary to allow the service Secretaries to reduce the time-in-grade requirement for retirement for active-duty or reserve officers to no less than two years for retirements effective between October 1, 2002, and December 31, 2003. Allows a service Secretary to approve an early retirement of a flag or general officer only if approved by the Secretary or a Senate-confirmed civilian official in the Office of the Secretary. Requires advance notice to the defense committees on the use of early retirement authority for flag or general officers.
(Sec. 506) Allows the Secretary concerned to require an officer to take leave pending the completion of an action by a board of inquiry to determine whether the officer should be removed from active duty. Provides that when the leave such officer takes is charged as excess leave, and upon a subsequent determination to not remove such officer from active duty, the officer shall be paid for the period charged as excess leave. Accrues all pay and allowances such officer would have been entitled to during such leave period, reduced by any other Federal benefits received.
Subtitle B: Reserve Component Management - (Sec. 511) Requires the: (1) CG to report to Congress on the management of the National Guard, including reviews of National Guard strength accounting and management and related issues; and (2) Secretary to report to Congress on the differing Army and Air Force policies for taking adverse administrative actions against National Guard officers in a State status.
(Sec. 512) Requires courts-martial for members of the National Guard when not performing in Federal service to be as provided by the laws of the respective State, territory, possession, or the District of Columbia. Provides convening authority for the courts-martial of the National Guard when not performing in the Federal service for: (1) general, special, and summary courts-martial by the respective State, territory, possession, and District of Columbia; (2) general courts-martial by the President; and (3) special courts-martial by the appropriate commanding officer. Directs the Secretary to: (1) prepare, for consideration of enactment by the States, a model State code of military justice and a model State manual of courts-martial for use with respect to the National Guard when not performing in Federal service; and (2) report to the defense committees on implementation of the model code and manual requirements.
(Sec. 513) Authorizes the use of FY 2003 reserve military personnel funds for personnel expenses of reserve Special Operations forces incurred during such fiscal year in connection with landmine clearance assistance. Provides a limitation and requires reimbursement. Directs the Secretary to submit to Congress a legislative proposal to ensure that personnel expenses for both active and reserve personnel providing such assistance are specified in detail and specifically budgeted for authorization and appropriation from the appropriate military personnel accounts.
(Sec. 514) Authorizes the use of Selected Reserve, certain Individual Ready Reserve, and full-time Guard and Reserve personnel in providing assistance in or responding to an emergency involving a threatened or actual terrorist attack in the United States that results, or could result, in catastrophic loss of life or property.
(Sec. 515) Repeals provisions which prohibit the use of Air Force Reserve AGR personnel (recruiters, instructors, and trainers) for Air Force base security functions.
Subtitle C: Reserve Component Officer Personnel Policy - (Sec. 521) Makes eligible for promotion to the grade of reserve Army or Air Force major general reserve brigadier generals not otherwise eligible for promotion because the officer' does not have the required one year of continuous service, if: (1) the officer was transferred from an inactive status to the reserve active status during the year preceding the convening of the promotion board; (2) immediately before the date of the officer's most recent transfer to an active status, the officer had been in an inactive status for less than one year; and (3) immediately before the date of the officer's most recent transfer to an inactive status, the officer had continuously served for at least one year on the reserve active status or active-duty list.
(Sec. 522) Provides that in the case of a reserve officer required to be retired or separated, if the Secretary concerned determines that the evaluation of the physical condition of the officer and determination of the officer's entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the officer's retirement or separation date, such Secretary may defer such retirement or separation until 30 days after the completion of the hospitalization or medical observation.
Subtitle D: Enlistment, Education, and Training Programs - (Sec. 531) Directs the Secretary to carry out an enlistment incentive program under which a National Call to Service participant shall be entitled to one of specified incentives (bonus payment, student loan repayment, educational assistance) in return for active-duty service in a military occupational specialty designated as facilitating pursuit of national service. Requires the participant to select which incentive to receive. Coordinates educational assistance chosen with Montgomery GI Bill benefits. Requires pro rata incentive repayment for active-duty periods not successfully served, but allows the Secretary concerned to waive such repayment when against equity and good conscience or contrary to the best interests of the United States. Requires: (1) the incentives program to begin no later than October 1, 2003; and (2) an implementation report from the Secretary to the defense committees.
(Sec. 532) Provides for a phased increase to 4,400 in the authorized end strengths for each of the military service academies. Prohibits any increases for any academic year after 2007-2008. Directs the Secretary of each military department to seek to achieve an increase, by the 2006-2007 academic year, of not less than 400 Reserve Officers' Training Corps participants.
(Sec. 533) Increases from 270 days to one year the time allowed following enlistment in the reserve or National Guard prior to commencement of an initial period of active duty.
(Sec. 534) Directs the Secretary to conduct and report to the defense committees on a review of the programs of the active and reserve forces for preparation for, participation in, and conduct of athletic competitions.
(Sec. 535) Amends the National Defense Authorization Act for Fiscal Year 2000 to repeal the bar to eligibility for educational loan repayment programs for persons receiving allowances for participation in the College First Program.
Subtitle E: Decorations and Awards - (Sec. 541) Waives time limitations for the award of the Army Distinguished Flying Cross to certain individuals with respect to whom the Secretary of the Army determined that such awards were warranted.
(Sec. 542) Directs the Secretary concerned to award eligible Vietnam evacuation veterans the Vietnam Service Medal, notwithstanding other applicable requirements.
(Sec. 543) Directs the Secretary concerned to issue a campaign medal, to be known as the Korea Defense Service Medal, to each member who served in the Republic of Korea or adjacent waters during a specified period and who meets appropriate service requirements.
(Sec. 544) Expresses appreciation for, and requests the President to issue a proclamation recognizing, the outstanding contributions that all military chaplains make to members of the armed forces and their families.
Subtitle F: Administrative Matters - (Sec. 551) Directs the Secretary to ensure sufficient staffing and funding for the Defense Prisoner of War/Missing Personnel Office.
(Sec. 552) Prohibits the Secretary concerned, during FY 2003 through 2005, from reducing the number of military and civilian personnel assigned to the review and correction of military records until 90 days after a report is submitted to Congress explaining the reduction and its rationale.
(Sec. 553) Authorizes the use of volunteer proctors for the administration of the Armed Services Vocational Aptitude Battery (test) to secondary school students.
(Sec. 554) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend until September 1, 2002, the active force drawdown period for purposes of the temporary authority to approve retirements of members with at least 15 but less than 20 years of active service.
Subtitle G: Matters Relating to Minorities and Women in the Armed Forces - (Sec. 561) Directs the Secretary to carry out four quadrennial surveys to identify and assess racial and ethnic issues and discrimination, and gender issues and discrimination, among members of the armed forces. Requires a report from the Secretary to Congress following each survey. Makes survey requirements inapplicable to the Coast Guard.
(Sec. 562) Directs the Secretary to report to Congress in each of FY 2002 through 2006 on the status of female military personnel, including positions for which female members are ineligible, joint spouse assignments, and promotion and selection retention rates.
(Sec. 563) Prohibits a superior officer from requiring a female member of the armed forces to wear the abaya garment or any part thereof while in Saudi Arabia pursuant to a permanent change of station or orders for temporary duty. Requires the Secretary to inform such personnel of such prohibition, orally and in writing, upon or within 48 hours prior to their arrival for such duty. Prohibits any funds made available to DOD from being used to purchase abayas for either such personnel or contractor personnel accompanying such forces.
Subtitle H: Benefits - (Sec. 571) Authorizes the Secretary to provide either transportation and expenses or a prescribed daily stipend for civilians participating in a military funeral honors detail.
(Sec. 572) Authorizes the Secretary concerned to grant a member emergency leave of absence for up to 14 days for a qualifying emergency (one that is due to a medical condition of an immediate family member or any other appropriate hardship as determined by such Secretary).
(Sec. 573) Repeals a provision which prohibits participants in the Armed Forces Health Professions Scholarship and Financial Assistance program from participating in the DOD medical loan repayment program.
(Sec. 574) Authorizes an alternative destination (other than home and back) allowance for enlisted personnel extending tours of duty at designated overseas locations.
(Sec. 575) Authorizes vehicle storage in lieu of vehicle transportation when a member is ordered to a U.S. duty station in a nonforeign area outside the continental United States.
Subtitle I: Reports - (Sec. 581) Directs the Secretary, every four years, to: (1) conduct a comprehensive examination of the quality of life of military personnel; and (2) report examination results to the defense committees.
(Sec. 582) Directs the Secretary to report to the defense committees on the desirability and feasibility of consolidating the separate Army, Navy, and Air Force courses for judge advocates into a single course conducted at a single location.
(Sec. 583) Directs the Secretary to report to Congress periodically on U.S. efforts to determine the status of Captain Michael Scott Speicher, U.S. Navy, whose aircraft was shot down over Iraq. Terminates the report requirement upon a final status determination.
(Sec. 584) Requires a report from the Secretary to the defense committees on volunteer services of members of reserve components during the period of September 11-14, 2001.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Waives any FY 2003 pay increase tied to increases in the General Schedule of Compensation for Government employees. Increases, effective January 1, 2003, the rates of basic pay for military personnel by a minimum of 4.1 percent.
(Sec. 602) Expands the basic allowance for housing in cases of low-cost or no-cost moves for members assigned to duty outside the United States when the Secretary concerned determines that it would be inequitable to base the member's housing allowance on the cost of housing in the area to which the member is reassigned.
(Sec. 603) Authorizes the Secretary, and the Secretary of Transportation with respect to the Coast Guard when not operating as a service in the Navy, to pay double the normal rate of basic allowance for subsistence to enlisted personnel occupying single Government quarters which have no adequate food storage, preparation, or messing facility.
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2003 specified authorities currently scheduled to expire at the end of 2002 with respect to certain special pay and bonus programs within the regular and reserve armed forces.
(Sec. 615) Increases the maximum rates of special pays, bonuses, or financial assistance for the following military health care officers: (1) medical and dental officers; (2) optometrists; (3) registered nurses and nurse anesthetists; (4) pharmacy officers; and (5) nurse officer candidates.
(Sec. 616) Authorizes the Secretary concerned to pay monthly assignment incentive pay to a member for any period that the member performs service in an assignment designated by that Secretary. Requires the service period to be specified via written agreement. Provides a maximum rate of $1,500 monthly. Prohibits any such agreement from being entered into after December 31, 2005. Requires reports from the Secretary to the defense committees in 2004 and 2005 on the exercise of such authority.
(Sec. 617) Increases the reenlistment bonus for persons with prior enlisted service.
(Sec. 618) Makes limitations on the maximum bonus amount that may be paid to officers retained in a critical military skill inapplicable to an officer assigned duties as a health care provider.
Subtitle C: Travel and Transportation Allowances - (Sec. 621) Extends the authorized period for leave travel for members performing consecutive overseas tours of duty to any time before the end of the consecutive tour (currently, within one year after beginning the consecutive tour).
(Sec. 622) Authorizes two (currently one) privately owned vehicles to be transported for a member or dependent between a residence and duty station (and vice versa), but allows payment for late delivery only if both vehicles arrive after their delivery date.
Subtitle D: Retired Pay and Survivor Benefits - (Sec. 631) Reduces from eight to six years the qualifying service requirement for eligibility for retired pay for non-regular service.
(Sec. 632) Increases by ten percent the military retired pay for enlisted personnel credited with extraordinary heroism in the line of duty.
(Sec. 633) Eliminates any possible inversion in the retired pay cost-of-living adjustment in the case of an initial adjustment using a retired member's final pay.
(Sec. 634) Amends the National Defense Authorization Act for Fiscal Year 1998 to make technical clarifications to the so-called "forgotten widows" military survivors' annuity program.
(Sec. 636) Authorizes the Secretary concerned to pay to each eligible combat-related disabled military retiree who elects such benefit a monthly amount for such disability. Prohibits individuals receiving such amount from also receiving special compensation for severely disabled military retirees as provided under Federal armed forces law.
Subtitle E: Montgomery GI Bill - (Sec. 641) Extends the period of eligibility for the use of Selected Reserve educational assistance under the Montgomery GI Bill to 14 (currently ten) years after the date on which a person first becomes so entitled.
(Sec. 642) States that a person's obligation to repay the amount of educational assistance received as a member of the Selected Reserve due to the failure to perform duty obligations, including training, shall be considered a debt owed to the United States which is not discharged in a bankruptcy that occurs less than five years after such person's entitlement or other service.
(Sec. 643) Makes the monthly rate of educational assistance under the Montgomery GI Bill for dependents to whom assistance entitlement is transferred by members of the armed forces with critical skills the same rate as would have been provided to such members.
Subtitle F: Other Matters - (Sec. 651) Authorizes the Secretary concerned to pay the interest and any special allowances that accrue on one or more student loans of a member who: (1) is serving on active duty in fulfillment of his or her first enlistment in the armed forces or who, in the case of an officer, has not completed more than three years on active duty; (2) is the debtor on one or more unpaid loans under the Higher Education Act of 1965; and (3) is not in loan default. Provides a maximum period of 36 months for such payments. Requires the Secretary to transfer to the Secretary of Education funds sufficient for such payments. Amends the Higher Education Act of 1965 to allow eligible loan debtors under such Act, including those receiving Perkins loans, to receive such payments and to allow the Secretary of Education to pay such interest and allowances for up to 36 months.
(Sec. 652) Authorizes the Secretary to provide families of military personnel on active duty any assistance appropriate to ensure that children of such personnel obtain needed child care, education, and other youth services, with the primary focus of such assistance directed at children of personnel assigned to active duty in connection with a contingency operation.
(Sec. 653) Repeals a provision of the National Defense Authorization Act for Fiscal Year 1993 which allows faculty members at certain DOD schools to accept honoraria for scholarly and academic activities.
(Sec. 654) Revises or adds definitions to Federal military pay provisions.
Title VII: Health Care Provisions - Subtitle A: Health Care Program Improvements - (Sec. 701) Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to make the requirement of TRICARE preauthorization of inpatient mental health care inapplicable to Medicare-eligible beneficiaries.
(Sec. 702). Continues TRICARE eligibility for dependents of members residing at remote locations when the dependent resided with the member at one location but is not authorized to accompany the member to a new location, or when the dependent is residing with a member of the reserves ordered to active duty for more than 30 days in a residence located more than 50 miles or one hour's driving time from the nearest military medical treatment facility.
(Sec. 703) Makes surviving dependents eligible for TRICARE dental benefits when the dependent is not enrolled in such plan by reason of discontinuance of a prior enrollment due to its required termination.
(Sec. 704) Changes the source of funds for payments into the Department of Defense Medicare-Eligible Retiree Health Care Fund from DOD health care programs to pay of members. Requires all military departments to participate in payments to the Fund.
(Sec. 705) Approves to provide CHAMPUS medical care a physician or other health care practitioner eligible to receive reimbursement for services provided under Medicare.
(Sec. 707) Extends through 2003 the authority of DOD to enter into personal services contracts for the performance of health care services for members at locations other than military medical facilities.
(Sec. 708) Directs the Secretary to prescribe a process for resolving issues relating to patient safety and continuity of care for covered beneficiaries who are concurrently entitled to TRICARE health care and health care services provided by the Department of Veterans Affairs. Requires a process report from the Secretary to the defense committees. Requires the CG to study health care issues of covered beneficiaries and to report study results to the defense committees.
(Sec. 709) Directs the Secretary to submit to Congress and the Secretary of Veterans Affairs a comprehensive plan for the review, declassification, and submittal to the Department of Veterans Affairs of all DOD medical records and information on Project 112 (the DOD chemical and biological weapons vulnerability testing program) that are relevant to the provision of benefits by the Secretary of Veterans Affairs to members who participated in the Project. Requires an implementation report from the CG and the Secretary.
Subtitle B: Reports - (Sec. 711) Directs the Secretary to limit information requirements in support of claims for payment of TRICARE health care items and services to the same requirements for claims for reimbursement for such services under Medicare. Requires the: (1) Secretary to report to the defense committees any information that is excepted from such requirement; and (2) CG to submit to Congress an evaluation of continuing impediments to cost-effective claims processing under the TRICARE Program.
(Sec. 712) Requires the CG to submit to Congress an evaluation of the nature and extent of, reasons for, and trends regarding network provider instability under TRICARE, and the effectiveness of measures to mitigate such instability.
(Sec. 713) Repeals a required report from DOD administering Secretaries on military health care program operations and costs.
Subtitle C: Department of Defense-Department of Veterans Affairs Health Resources Sharing - (Sec. 721) Directs the Secretaries of Defense and Veterans Affairs to enter into agreements and contracts for the mutually beneficial coordination, use, or exchange of use of health care resources with the goal of improving access to, and quality and cost-effectiveness of, the health care provided to beneficiaries. Establishes the Department of Veterans Affairs-Department of Defense Health Executive Committee to recommend strategic direction for joint coordination and sharing efforts. Directs the Secretaries to carry out a program to identify, provide incentives to, implement, fund, and evaluate creative coordination and sharing initiatives at the facility, intraregional, and nationwide levels. Establishes in the Treasury a DOD-VA Health Care Sharing Incentive Fund. Terminates such program at the end of FY 2007. Provides guidelines and policies for implementing Committee recommendations and for carrying out related health care contracts and agreements. Requires the Secretaries to: (1) jointly develop and implement guidelines for a standardized, uniform payment and reimbursement schedule for shared health care services; and (2) report annually to Congress on health care coordination and sharing activities.
(Sec. 722) Directs the Secretaries to conduct at no less than three sites a health care resources sharing project to serve as a test for evaluating the feasibility, advantages, and disadvantages of measures and programs to improve the sharing and coordination of health care and resources. Requires the Secretaries to test a coordinated management system for military and veterans' facilities participating in the project. Provides funding. Directs the CG to provide an annual on-site review at each project location and to report to the defense and veterans' committees on review results. Terminates the project at the end of FY 2007.
(Sec. 723) Directs the Secretaries to jointly review the adequacy of current processes and existing statutory authorities and policy governing the capability of the two departments to provide health care to members of the armed forces following domestic acts of terrorism or domestic use of weapons of mass destruction, before and after any declaration of national emergency.
(Sec. 724) Directs the Secretaries to ensure that on or before October 1, 2004, the pharmacy data systems of VA and DOD are interoperable for beneficiaries. Requires a specified DOD alternate system if the systems are not interoperable by such date.
(Sec. 725) Directs the Secretaries to carry out a pilot program under which graduate medical education and training is provided to DOD military physicians and VA physician employees through one or more programs carried out in DOD and VA medical facilities or centers. Terminates such program on July 31, 2008.
(Sec. 726) Repeals current VA hospital and nursing home bed limits.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Authorizes the head of a defense agency acquiring end items using DOD funds to acquire a higher quantity of the end item than specified if such agency head determines that: (1) the agency has an established requirement for such item expected to remain substantially unchanged throughout the period of acquisition; (2) it is possible to acquire the higher quantity without additional funding; (3) the amount of funds used for the higher quantity will not exceed the total amount provided for such acquisition; and (4) the amount provided is sufficient to ensure that each unit is fully funded as a complete end item. Requires the agency head to notify Congress within 30 days after such determination.
(Sec. 802) Directs the Secretary to report to the defense and appropriations committees on the approach planned to apply current Federal acquisition requirements to major defense acquisition programs that follow the evolutionary acquisition process.
(Sec. 803) Authorizes the Secretary to conduct major defense acquisition programs as spiral development programs, but requires prior approval of a spiral development plan for the R&D phase of a major defense acquisition program. Directs the Secretary to report to Congress in each of 2003 through 2008 on each R&D plan that is a spiral development program.
(Sec. 804) Directs the Secretary of each military department, and the head of each defense agency that manages a major defense acquisition program with a substantial software component, to establish a program to improve its software acquisition processes. Requires the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence to provide program guidance.
(Sec. 805) Repeals goals established under the National Defense Authorization Act for Fiscal Year 2002 for savings through the use of multiple award contracts for the procurement of services. Establishes new goals, authorizing the Secretary to adjust any such goal determined to be too high and not reasonably able to be achieved. Extends certain performance goal reporting requirements.
(Sec. 806) Directs the Secretary to establish tailored rapid acquisition and deployment procedures for items urgently needed to react to an enemy threat or respond to significant and urgent safety situations.
(Sec. 807) Directs the Under Secretary to establish a quick-reaction special projects acquisition team to advise on appropriate actions to expedite the procurement of urgently needed systems.
Subtitle B: Amendments to General Contracting Authorities, Procedures, and Limitations - (Sec. 811) Subjects multiyear task and delivery order contracts to the same requirements as other DOD multiyear contracts, including the five-year time limitation. Requires a report from the CG to the defense committees on contract periods.
(Sec. 812) Amends the Clinger-Cohen Act of 1996 to extend until January 1, 2004, a program applying simplified acquisition procedures to certain commercial items. Requires a report from the CG to Congress on the authority to issue solicitations for purchases of commercial items in excess of the simplified acquisition threshold.
(Sec. 813) Directs the Secretary to develop and submit to Congress a plan for improving the personnel management policies and procedures applicable to the DOD civilian acquisition workforce based on the results of a demonstration project required under the Clinger-Cohen Act of 1996.
(Sec. 814) Directs the Secretary, in conducting a competition for the award of procurement technical assistance cooperative agreements, to give significant weight to successful past performance of eligible entities under existing agreements.
(Sec. 815) Increases from $300,000 to $600,000 the maximum authorized DOD assistance for tribal organizations or entities carrying out procurement technical assistance programs under cooperative agreements in two or more service areas.
(Sec. 816) Extends through FY 2006 a contract goal for small disadvantaged businesses and certain institutions of higher education.
(Sec. 817) Directs the Secretary to issue guidance on the circumstances under which it is appropriate to grant an exception or waiver with respect to DOD certified cost and pricing data and cost accounting standards. Requires the Secretary to report annually to the defense and appropriations committees on exceptions and waivers granted having a price or value greater than $15 million.
(Sec. 818) Authorizes the Secretary to waive requirements for survivability and lethality testing of major defense systems and munitions programs if the Secretary: (1) determines that live-fire testing of such system or program would be unreasonably expensive and impractical; and (2) submits a certification of such determination to Congress before specified milestone approval of such system or program.
(Sec. 819) Requires the Secretary, before purchasing a product listed in the latest Federal Prison Industries catalog, to conduct market research to determine whether such product is comparable to products available from the private sector that best meet DOD's needs in terms of price, quality, and time of delivery. Requires the Secretary, if a negative determination is made, to use competitive procedures for the procurement of such product or make an individual purchase under a multiple award contract. States that the market research determination shall not be subject to review. Prohibits requiring DOD contractors or potential contractors to use a product or service offered by the Federal Prison Industries in the performance of a DOD contract. Provides for the protection of classified and sensitive information.
(Sec. 820) Authorizes the Secretary to obligate funds for procurement of an end item under a multiyear contract for the purchase of property only for procurement of a complete and usable end item. Allows the Secretary to make an advance procurement for only those long-lead items necessary to meet a planned delivery schedule for complete major end items that are programmed under the contract to be acquired with funds appropriated for a subsequent fiscal year.
Subtitle C: Acquisition-Related Reports and Other Matters - (Sec. 821) Directs the Secretary to: (1) evaluate and report to Congress on the training, knowledge, and resources needed by DOD to effectively negotiate intellectual property rights using the principles of the Defense Federal Acquisition Regulation Supplement; and (2) determine whether DOD currently has the training, knowledge, and resources to meet those needs.
(Sec. 822) Amends the National Defense Authorization Act for Fiscal Year 2002 to require the Secretary to identify, in certain reports concerning defense acquisition programs, each case in which an authoritative decision has been made within DOD not to conduct an independent technology readiness assessment for a critical technology on a major defense acquisition program.
(Sec. 823) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Thurmond Act) to extend through 2006 a requirement for a report on defense commercial pricing management improvement.
(Sec. 824) Directs the Secretary to carry out and report to the defense committees on an assessment of DOD purchases of products and services through contracts entered into with other Federal departments and agencies.
(Sec. 825) Terminates at the end of FY 2002 the authority to transfer certain funds into the Defense Modernization Account.
Repeals the: (1) requirement for CG reviews of such Account; (2) solutions-based contracting pilot program; and (3) requirement that the Administrator of General Services provide Government-wide online computer access to information on products and services available for ordering through the use of multiple award schedules.
(Sec. 826) Authorizes the Secretary to enter into a contract for up to ten years for the purchase of dinitrogen tetroxide, hydrazine, and hydrazine-related products for the support of a U.S. national security or space program. Allows such contract to be extended for up to ten additional years.
(Sec. 827) Authorizes the use of multiyear procurement authority for environmental remediation services for military installations.
(Sec. 828) Directs the Secretary of the Army to report to the defense and small business committees on the effects of the establishment of an Army Contracting Agency on small business participation in Army procurements during the first year of such Agency's operation.
(Sec. 829) Authorizes DOD to take actions to correct the industrial resource shortfall for radiation-hardened electronics, as long as such actions do not cause the aggregate outstanding amount of all such actions to exceed $106 million.
Title IX: Department of Defense Organization and Management - Subtitle A: Duties and Functions of Department of Defense Officers - (Sec. 901) Establishes the position of Under Secretary of Defense for Intelligence.
(Sec. 902) Establishes the position of Assistant Secretary of Defense for Homeland Defense. Transfers to the Under Secretary of Defense for Policy all responsibility for DOD policy, programming, and use of resources for combating terrorism. Amends the National Defense Authorization Act for Fiscal Year 2002 to repeal a contingent reduction in the authorized number of assistant secretaries of defense.
Subtitle B: Space Activities - (Sec. 911) Directs the Office of the Secretary to maintain oversight of acquisition for defense space programs. Requires a report from the Secretary to the defense and appropriations committees containing an oversight plan.
(Sec. 912) Directs the Secretary to: (1) evaluate all options for sustaining the U.S. space launch industrial base; (2) develop a plan for assuring U.S. access to space; and (3) report to Congress on such plan.
Subtitle C: Reports - (Sec. 921) Requires a report from the Secretary to the defense committees providing an implementation plan for the United States Northern Command.
(Sec. 922) Revises the due date for submission of quadrennial defense review reports.
(Sec. 923) Requires the national defense mission of the Coast Guard to be included in future DOD quadrennial defense reviews.
(Sec. 924) Requires the commander of the United States Joint Forces Command to report to the Secretary a plan for the development and implementation of a joint national training complex.
Subtitle D: Other Matters - (Sec. 931) Authorizes the Secretary to accept gifts for the operation or administration of the National Defense University. Establishes the National Defense University Gift Fund.
(Sec. 932) Authorizes the Secretary to accept foreign gifts and donations on behalf of the Western Hemisphere Institute for Security Cooperation. Requires the Secretary to notify Congress if the total amount of such gifts and donations exceeds $1 million in any fiscal year.
(Sec. 934) Increases from five to six the authorized number of Marine Corps Deputy Commandants.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $2 billion of the amounts made available to DOD in this Act for FY 2003 between any such authorizations for that fiscal year. Requires congressional notification of each transfer.
(Sec. 1002) Adjusts amounts authorized to be appropriated to DOD and national security activities of the Department of Energy for FY 2002 by the amount by which appropriations pursuant to such authorization were increased or decreased pursuant to the 2002 Supplemental Appropriations Act for Further Recovery From and Response to Terrorist Attacks on the United States. Requires a report from the Secretary to the defense committees on all FY 2002 transfers to DOD through the Defense Emergency Response Fund or a similar account.
(Sec. 1003) Provides a new limitation on the total amount authorized to be contributed by the Secretary for the common-funded budgets of NATO (rather than the maximum amount otherwise applicable under the 1998 baseline limitation). Allocates for such purpose amounts authorized in titles II and III of this Act.
(Sec. 1004) Directs the Secretary to develop a proposed financial management enterprise architecture for all DOD budgetary, accounting, finance, enterprise resource planning, and mixed information systems, together with a transition plan for implementing such architecture. Places specified limitations on the obligation of more than $1 million for a defense financial system improvement. Requires the Secretary to report to the defense and appropriations committees in each of 2004 through 2007 on DOD progress in implementing the architecture and transition plan. Requires: (1) CG review of each approved architecture and plan; and (2) review results to be provided to such committees.
(Sec. 1005) Authorizes the Secretary to designate as a "departmental accountable official" any member of the armed forces or DOD civilian employee responsible for providing to a certifying DOD official information, data, or services that are directly relied upon in the certification of payment vouchers. Authorizes the Secretary to impose pecuniary liability upon such a designated official in the event of an illegal, improper, or incorrect payment.
(Sec. 1006) Authorizes any designated officer or employee to act upon reports of surveys and vouchers pertaining to the loss, spoilage, unserviceability, unsuitability, destruction of, or damage to property of the United States under DOD control. Extends to members of the Navy and Marine Corps current authority for pay deductions for damage to or repair of arms and equipment.
(Sec. 1007) Requires additional information in audits and DOD policy with respect to the use of the Government Purchase Card and the management of such use. Requires regulations to provide penalties for violation of Card use requirements.
(Sec. 1008) Authorizes the Secretary to require that any part of a travel and transportation allowance of a DOD employee or member of the armed forces be disbursed directly to the issuer of a Defense travel card in payment of official travel expenses charged on such card. Authorizes the withholding of pay amounts, or offsets from retired pay, from employees or members for delinquent travel card charges. Makes this section inapplicable to the Coast Guard.
(Sec. 1009) Provides for: (1) the clearance of certain DOD financial transactions before March 1, 2001, under specified Treasury suspense accounts; and (2) the cancellation of any discrepancies between checks drawn on the Treasury and issued by or on behalf of DOD before October 31, 1998, and later paid for which no DOD appropriation can be associated. Requires DOD, before such check discrepancy cancellations can be made, to attempt to discover which appropriation should be charged and to determine that any further attempts are not in the best interests of the United States. Terminates all such authority two years after the enactment of this Act.
(Sec. 1010) Authorizes appropriations for FY 2003 for: (1) RDT&E for DOD ballistic missile defense programs; and (2) DOD activities for combating terrorism at home and abroad. Requires the authorized amount to be allocated between such purposes by the President based on U.S. national security interests and directs the President to report to the defense and appropriations committees within 15 days of such allocation.
(Sec. 1011) Reduces by $1 billion the total amount authorized to be appropriated under titles I through III of this Act, to reflect savings resulting from lower-than-expected inflation. Directs the Secretary to allocate such reduction among appropriate military accounts.
Subtitle B: Naval Vessels and Shipyards - (Sec. 1021) Requires the Secretary of the Navy, if the total number of Navy ships comprising the force of surface combatants is less than 116, to report to the defense committees on the size of such force. Prohibits force reduction until 90 days after notification of such committees. States that when such force is below 116, such Secretary shall maintain on the Naval Vessel Register a sufficient number of such ships to enable the Navy to regain a total force of 116 within 120 days after the President decides to increase such force.
(Sec. 1022) Directs the Secretary to include in annual defense budget materials: (1) a plan for the construction of combatant and support vessels for the Navy; and (2) a certification that both the defense budget for that year and the future-years defense program for that year provide appropriate funding for such construction. Directs the Secretary to include an assessment of risks caused by a reduced number of vessels when the budget for a year is insufficient to meet vessel construction costs.
(Sec. 1023) Directs the Secretary of the Navy to submit to Congress a feasibility assessment of expediently fielding a 155-millimeter gun on a Navy ship. Requires a report from such Secretary to the defense committees on assessment results.
(Sec. 1024) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to report to the defense committees on DOD initiatives to increase the number of operational days of Navy ships without increasing either the total number of ships or the routine length of deployment.
(Sec. 1025) Directs the Secretary to review and report on the effect of the contract award for the lead design agent for the DD(X) ship program on the industrial base for ship combat system development.
(Sec. 1026) Expresses the sense of Congress that the number of Navy aircraft carriers in active service should not be less than 12. Commends aircraft carrier crews that have participated in Operations Enduring Freedom and Noble Eagle.
(Sec. 1027) Authorizes the Secretary of the Navy to sell Navy Drydock YFD-69 in Portland, Oregon, to the Portland Shipyard LLC (its current user).
Subtitle C: Strategic Matters - (Sec. 1031) Directs the Secretaries of Defense and Energy to jointly prepare and report to the defense and appropriations committees on a plan for the U.S. strategic force structure for nuclear weapons and their delivery systems for FY 2003 through 2012, including options for achieving prior to FY 2012 a posture under which the United States maintains a level of operationally deployed nuclear warheads of 1,700 to 2,200, as outlined in the Nuclear Posture Review.
(Sec. 1032) Requires an annual report from the above Secretaries and the Director of Central Intelligence to the defense, appropriations, and intelligence committees on R&D and other activities undertaken to develop a weapon to defeat hardened and deeply buried targets. Terminates the report requirement in 2007.
(Sec. 1033) Directs the Secretary to request the National Academy of Sciences to study and report on the anticipated short- and long-term effects of the use of a: (1) nuclear earth penetrator weapon on target areas; and (2) non-penetrating nuclear weapon or a conventional high-explosive weapon on such targets or on facilities for the storage or production of weapons of mass destruction. Requires the Secretary to transfer each report to Congress.
Subtitle D: Reports - (Sec. 1041) Amends Federal armed forces provisions, the National Defense Authorization Act for Fiscal Year 1995, and the Ballistic Missile Defense Act of 1995 to repeal or modify various DOD report requirements. Increases from $100,000 to $10 million the total annual contract award limit for foreign-controlled defense contractors on which database information is required to be maintained by the Secretaries of Defense and Energy.
(Sec. 1042) Requires DOD reports to Congress to be accompanied by an electronic version (currently, required only upon request).
(Sec. 1043) Requires the Secretary to report: (1) to the defense and intelligence committees annually on military operations conducted as part of Operation Enduring Freedom; and (2) to Congress on actions being undertaken to ensure the adequacy of firefighting staffs at military installations.
(Sec. 1045) Directs the Secretary of the Army to report to the defense and appropriations committees the results of a study on designating a specified portion of Louisiana Highway 28 as a defense access road.
Subtitle E: Extension of Expiring Authorities - (Sec. 1051) Amends the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century to extend through FY 2006 the authority of the Secretary to sell aircraft and aircraft parts for use in responding to oil spills.
(Sec. 1052) Continues through May 31, 2003 Federal information security requirements (currently terminate October 30, 2002). Continues such requirements with respect to DOD through FY 2004. Requires the Secretary, after such termination date, to perform such information security duties for DOD as are currently performed by the Director of the Office of Management and Budget.
(Sec. 1053) Extends through December 31, 2004, the authority of the Secretary to engage in commercial activities as security for intelligence collection activities abroad.
Subtitle F: Other Matters -(Sec. 1061) Requires the Secretary to transmit to Congress the annual defense authorization request for a fiscal year during the first 30 days after the President transmits to Congress the budget for that fiscal year.
(Sec. 1063) Requires a DOD element that maintains a repository of DNA samples for human remains identification purposes to make such samples available, pursuant to a court order, for the investigation or prosecution of a felony or any sexual offense for which no other source of DNA information is available.
(Sec. 1064) Authorizes the Secretary to establish and maintain a secure National Foreign Language Skills Registry of linguistically qualified U.S. citizens and permanent resident aliens willing to provide linguistic services in times of emergency to assist DOD and other Federal agencies with translation and interpretation in critical languages. Authorizes the Secretary to accept voluntary translation and interpretation services.
(Sec. 1065) Authorizes the Secretary to pay an individual a monetary award of up to $200,000 for providing U.S. personnel with information or nonlethal assistance that is beneficial to: (1) a U.S. military operation or activity conducted outside the United States against international terrorism; or (2) force protection of the armed forces. Requires the Secretary to consult with the Secretary of State regarding payment of any award in excess of $100,000. Requires an annual report from the Secretary to the defense committees on the administration of such awards.
(Sec. 1066) Authorizes the Secretary of a military department to provide, without charge, space and services to a military welfare society.
(Sec. 1067) Directs the Secretary to designate a DOD officer or employee as the senior official responsible for the prevention and mitigation of corrosion of the military equipment and infrastructure of DOD. Outlines required duties. Directs the Secretary to develop and implement a long-term strategy to reduce corrosion and its effects on such equipment and infrastructure. Requires an interim report from the Secretary to Congress on actions taken. Requires the CG to monitor the strategy implemented and provide results to Congress.
(Sec. 1068) Authorizes the Secretary of the Navy to convey to the Women Airforce Service Pilots Museum in Quartzsite, Arizona, all U.S. rights and interest to a non-flyable DF-9E Panther aircraft.
(Sec. 1069) Amends the National Defense Authorization Act for Fiscal Year 1998 to increase the amount authorized for a DOD program to commemorate the 50th anniversary of the Korean War.
Title XI: Department of Defense Civilian Personnel - (Sec. 1101) Makes employees of a DOD nonappropriated fund instrumentality eligible for Federal long-term care insurance. Authorizes the Secretary to determine whether a DOD nonappropriated fund instrumentality shall be eligible or is already covered under an alternative program.
(Sec. 1102) Extends until October 1, 2006, the authority to make lump-sum severance payments to DOD employees. Directs the President to report to specified congressional committees on whether such authority should be made permanent or should be expanded to all Government departments and agencies.
(Sec. 1103) Extends, for individuals separated through FY 2005 (currently, FY 2002), Federal Employee Health Benefits Program eligibility based on involuntary separation from military service, or voluntary separation from a surplus position, in the Departments of Defense or Energy due to a reduction in force.
(Sec. 1104) Authorizes the Secretary to: (1) prescribe professional certification and credential standards for professional accounting positions within DOD; and (2) waive such standards when appropriate. Directs the Secretary to report to Congress on plans to provide training to appropriate DOD personnel to meet the new standards.
Title XII: Matters Relating to Other Nations - (Sec. 1201) Authorizes the Secretary to provide administrative services and support for the performance of duties by a liaison officer of another nation involved in a coalition with the United States while such officer is assigned temporarily to the headquarters of a combatant command, component command, or subordinate operational command of the United States in connection with the planning for or conduct of a coalition operation. Terminates such authority at the end of FY 2005. Requires a report from the CG to the defense committees assessing the implementation of such authority.
(Sec. 1202) Authorizes the use of funds under bilateral or regional cooperative programs to pay for travel expenses of defense personnel of a developing country which is not a member of NATO but is participating in the Partnership for Peace program.
(Sec. 1203) Prohibits the obligation or expenditure of more than 50 percent of the FY 2003 funds made available for activities associated with the Joint Data Exchange Center in Moscow, Russia, until: (1) the United States and Russian Federation enter into cost-sharing and tax exemption agreements; and (2) 30 days after the Secretary submits such agreements to the defense committees.
(Sec. 1204) Limits to $15 million the total assistance authorized for support of United Nations-sponsored efforts to inspect and monitor Iraqi weapons activities. Extends such authority through FY 2003.
(Sec. 1205) Amends the National Defense Authorization Act for Fiscal Year 2002 to require the President to report annually to Congress on a plan for the coordination and cooperation with the Russian Federation for the disposition of nuclear weapons and weapons-usable nuclear material in Russia that is not retained in its nuclear arsenal.
(Sec. 1206) Requires a report from the President to Congress, in each of 2003 through 2009, describing in detail Russian proliferation to Iran and other countries of proliferation concern of weapons of mass destruction; ballistic missile goods, technology, expertise, and information; and dual-use items that may contribute to the development of such weapons and missiles.
(Sec. 1207) Requires the Director of the Office of Science and Technology Cooperation of the Department of State to monitor the implementation of the 1979 United States-China Agreement on Cooperation in Science and Technology and its protocols and to keep a systematic account of the protocols. Requires biennial implementation reports from the Secretary of State to Congress. Directs the President to establish an interagency working group to oversee Agreement implementation by Federal departments and agencies.
(Sec. 1208) Amends the National Defense Authorization Act for Fiscal Year: (1) 1994 to extend the termination date for the Interagency Counterproliferation Program Review Committee; and (2) 1995 to revise the due date of, and require certain additional information in, an annual report on counterproliferation activities and programs.
(Sec. 1209) Amends the Combating Proliferation of Weapons of Mass Destruction Act of 1996 to require the Director of Central Intelligence to report semiannually to Congress identifying foreign persons making a material contribution to the development, production, or acquisition by a country of weapons of mass destruction or ballistic or cruise missile systems.
(Sec. 1210) Requires the President to report to Congress on the feasibility and advisability of senior officer exchanges between the United States and Taiwan.
(Sec. 1211) Requires the Secretary to report to Congress on DOD's plans to maintain adequate force structure in the Pacific.
Title XIII: Cooperative Threat Reduction With States of the Former Soviet Union - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 30 days after the Secretary reports to Congress on such purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Prohibits the obligation or expenditure of more than 50 percent of the FY 2003 CTR funds until the submission of specified reports required under prior defense authorization Acts.
(Sec. 1304) Amends the Spence Act to include in a required report information on the use of revenue generated by activities carried out under CTR programs.
(Sec. 1305) Prohibits any CTR funds from being used for the design, planning, or construction of a second wing for a storage facility for Russian fissile material.
(Sec. 1306) Authorizes the President to waive certain assistance limits under programs to facilitate CTR and nonproliferation if the President certifies to Congress that such waiver is important to the national security interest. Limits such waiver authority to FY 2003 through 2005.
Title XIV: Homeland Security - (Sec. 1401) Directs the Secretary to designate a senior DOD official to coordinate all DOD efforts to identify, evaluate, deploy, and transfer to Federal, State, and local first responders technology items and equipment in support of homeland security. Requires a report from the Secretary to the defense and appropriations committees on actions taken.
(Sec. 1402) Directs the Secretary to develop and submit to the defense committees a comprehensive plan for improving the preparedness of military installations for preventing and responding to terrorist attacks, including attacks involving the use or threat of use of weapons of mass destruction. Requires the CG to review such plan and submit a plan assessment to such committees. Requires the Secretary, in each of 2004 through 2006, to include reports on such plan within defense budget materials submitted by the President.
(Sec. 1403) Directs the Secretary to: (1) establish 23 additional teams designated as Weapons of Mass Destruction Civil Support Teams, for a total of 55; and (2) ensure that of such 55 teams, there is at least one team established in each State and territory. Requires the Secretary to submit to Congress a plan for establishing one such Team in every State and territory not currently having a Team.
(Sec. 1404) Directs the Secretary to report to the defense and appropriations committees on DOD responsibilities, missions, and plans for military support of homeland security.
(Sec. 1405) Expresses the sense of Congress that the Secretary should provide assistance to local first responders of domestic terrorist incidents for improving their response capabilities.
Title XV: Authorization of Appropriations for the War on Terrorism - (Sec. 1501) Authorizes appropriations to DOD for FY 2003 for Operations Noble Eagle and Enduring Freedom (counter-terrorism activities). Transfers specified amounts to appropriate DOD accounts for: (1) mobilization and personnel; (2) operations; (3) equipment replacement and enhancement; (4) classified activities; and (5) the procurement of munitions.
(Sec. 1507) Authorizes the Secretary to transfer up to $1 billion of such authorized funds to DOD accounts that are reduced to reflect savings in management efficiencies if and to the extent that the Secretary determines such savings are not achievable.
(Sec. 1508) Prohibits the transfer of any funds under this title until 15 days after the Secretary has notified the defense and appropriations committees of such transfer.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2003 - Title XXI (sic): Army - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 2002 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title.
(Sec. 2105) Amends the Military Construction Authorization Act for Fiscal Year 2002 to increase the amounts authorized for construction projects at Fort Carson, Colorado, and Fort Jackson, South Carolina.
(Sec. 2106) Replaces Camp Page, Korea, with Camp Stanley, Korea, as an authorized construction project under the Military Construction Authorization Act for Fiscal Year 2001.
Title XXII: Navy - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
(Sec. 2205) Amends the Military Construction Authorization Act for Fiscal Year 2002 to: (1) increase the amount authorized for a construction project at the Naval Station, Norfolk, Virginia; and (2) revise the number of certain military housing units at Quantico, Virginia.
Title XXIII: Air Force - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under title XXI.
(Sec. 2305) Authorizes the Secretary of the Air Force to carry out a project to provide a public road and associated improvements to replace a public road adjacent to Aviano Air Base, Italy, that has been closed for force protection purposes.
Title XXIV: Defense Agencies - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out certain energy conservation projects.
(Sec. 2404) Authorizes appropriations to DOD for fiscal years after 2002 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. Amends various military construction authorization Acts to increase the amounts authorized for chemical demilitarization projects at the: (1) Blue Grass Army Depot, Kentucky; (2) Newport Army Depot, Indiana; and (3) Pueblo Chemical Activity, Colorado.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2002 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - (Sec. 2601) Authorizes appropriations for fiscal years after 2002 for the Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Title XXVII: Expiration and Extension of Authorizations - (Sec. 2701) Terminates all authorizations contained in Titles XXI through XXVI of this Act on October 1, 2005, or the date of enactment of an Act authorizing funds for military construction for FY 2006, whichever is later, with exceptions. Extends certain prior-year military construction projects.
Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Authorizes the Secretary of the Army to lease additional family housing units in Korea both at and above the current lease limit of $25,000 per year (to a maximum of $35,000 per year).
(Sec. 2802) Authorizes the Secretary concerned to enter into contracts for the lease of housing units determined suitable for use as military family or military unaccompanied housing. Repeals interim lease authority.
(Sec. 2803) Authorizes the Secretary of the Navy to: (1) carry out up to three pilot projects to use the private sector for the acquisition or construction of military unaccompanied housing in the United States, including any U.S. territory or possession; and (2) assign members of the armed forces to such housing. Authorizes the Secretary of Defense to set higher rates of partial basic allowance for housing for members assigned to such units. Utilizes the Department of Defense Housing Improvement Fund to carry out activities under the pilot projects. Authorizes a transfer to such Fund, subject to 90 days prior notification of the appropriate congressional committees, from amounts appropriated for construction of military unaccompanied housing projects in military construction accounts. Requires a report from the Secretary of the Navy to the appropriate congressional committees on pilot project activities and related contractual information. Terminates pilot project authority at the end of FY 2007.
(Sec. 2804) Amends the Military Construction Authorization Act, 1984 to repeal U.S. source requirements for military family housing construction overseas.
(Sec. 2805) Allows up to two-thirds of energy savings realized at military installations to remain available until expended (currently, available for up to two years).
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Authorizes the Secretary or the Secretary concerned to enter into agreements with a State or political subdivision thereof or private entities to limit space encroachments and other constraints on military training, testing, and operations on or in the vicinity of military installations. Outlines agreement requirements and conditions. Provides agreement funding through specified O&M funds.
(Sec. 2812) Authorizes the Secretary concerned to convey surplus real property to eligible recipients to undertake natural resource conservation activities. Provides a reversionary interest if the property is not used and maintained for such purposes. Authorizes the release of covenants with respect to such property. Requires 21 days' notification to the appropriate congressional committees prior to the reconveyance of any such property after operation of a reversionary interest.
(Sec. 2813) Amends the Military Construction Authorization Act for Fiscal Year 2002 to authorize the Secretary or the Secretary of a military department (currently, only the Secretary of the Army) to conduct a demonstration program on the reduction of long-term facility maintenance costs. Allows each military department to enter into up to 12 (currently three total) contracts under such program. Requires the Secretary to undertake current program report requirements.
(Sec. 2814) Amends the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990 to repeal provisions which prohibit the Secretary from transferring certain property in exchange for military housing units if the property is identified in a redevelopment plan for a closed or realigned military installation as essential to that installation's reuse or redevelopment.
Subtitle C: Land Conveyances - Part I: Army Conveyances - (Sec. 2821) Directs the Secretary of the Army to transfer to the Secretary of the Interior administrative jurisdiction over a portion of real property at Fort McClellan, Alabama, to be used by the latter Secretary to establish the Mountain Longleaf National Wildlife Refuge for protection of the unique mountain longleaf pine ecosystem on the property.
(Sec. 2822) Authorizes the Secretary of the Army to convey to: (1) any of certain eligible entities in Alaska certain Alaska lands determined to be no longer required for National Guard purposes; (2) Madison County, Kentucky, specified portions of the Bluegrass Army Depot in Richmond, Kentucky, for construction of a veterans' center and for historical preservation and education purposes; (3) the city of Hopkinsville, Kentucky, an abandoned railroad spur at Fort Campbell, Kentucky, for storm water management, recreation, transportation, and other public purposes; (4) the Buffalo, Minnesota, Independent School District 877 the former Army reserve training center in Buffalo; (5) a recipient under competitive bid procedures certain military family housing at Fort Monmouth, New Jersey, in order to build replacement military family housing or to rehabilitate existing housing units; (6) El Paso County, Texas, a portion of Fort Bliss, Texas, for the construction of a veterans' nursing home; (7) the Veterans Land Board of the State of Texas a portion of Fort Hood, Texas, for establishing a State-run cemetery for veterans; and (8) Fairfax County, Virginia, a portion of the Engineer Proving Ground at Fort Belvoir, Virginia, for park and recreational purposes.
(Sec. 2823) Authorizes the Administrator of General Services to convey to the Johnson County Park and Recreation District, Kansas, a portion of the Sunflower Army Ammunition Plant, for public recreational purposes.
Part II: Navy Conveyances - (Sec. 2831) Authorizes the Secretary of the Navy to convey to ENPEX Corporation a portion of Marine Corps Air Station Miramar in San Diego, California, for the production of electric power and related activities.
(Sec. 2832) Amends the Military Construction Authorization Act for Fiscal Year 2002 to allow the transfer of the Corea and Winter Harbor properties as part of a conveyance to the State of Maine or political subdivision or tax-supported agency thereof. Exempts such conveyances from a Federal screening requirement.
(Sec. 2833) Authorizes the Secretary of the Navy to convey to: (1) the city of Chicopee, Massachusetts, a portion of the Westover Air Reserve Base in Chicopee, for economic development and other public purposes; and (2) the State of Rhode Island the Melville Marina site in Rhode Island.
(Sec. 2835) Directs the Secretaries of the Navy and the Interior to adjust the boundaries of the Marine Corps Base, Quantico, Virginia, and Prince William Forest Park, Virginia, to conform. Provides for the transfer of administrative jurisdiction of specified portions of such areas following the boundary adjustment.
Part III: Air Force Conveyances - (Sec. 2841) Amends the Spence Act to extend from ten to 30 years the maximum authorized leaseback period with respect to a conveyance by the Secretary of the Air Force at Los Angeles Air Force Base, California.
(Sec. 2842) Authorizes the Secretary of the Air Force to convey to the State of Colorado all or part of the Watkins Communications Site in Arapahoe County, Colorado, in exchange for certain lands adjacent to Buckley Air Force Base, Colorado.
(Sec. 2843) Authorizes the Secretary of the Interior to convey to West Wendover, Nevada, and Tooele County, Utah, specified portions of the Wendover Air Force Base Auxiliary Field determined by the Secretary of the Air Force to be no longer required for Air Force purposes.
Subtitle D: Other Matters - (Sec. 2851) Amends the Military Construction Authorization Act for Fiscal Year 2000 to exclude references to the Commission on the National Military Museum from provisions concerning the transfer of the Navy Annex in Arlington, Virginia.
(Sec. 2852) Authorizes the Secretary of the Navy to sell treated water and wastewater treatment services from facilities at the Camp Lejeune Marine Corps Base, North Carolina, if such Secretary determines that the provision of such water and services will be in the public interest and will not interfere with current or future Camp operations.
(Sec. 2853) Provides a tax basis equal to the fair value of the property transferred in the case of certain property at the Adak Naval Complex, Alaska, recently transferred to the Aleut Corporation.
(Sec. 2854) Amends the Defense Base Closure and Realignment Act of 1990 to require that at least two members of the Defense Base Closure and Realignment Commission must have visited an installation before such installation is added to a list recommended for closure by the Commission under a required report.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI (sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations to the Department of Energy (DOE) for FY 2003 for: (1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security, with specified allocations for weapons activities, defense nuclear nonproliferation activities, naval reactors, and the Office of the Administrator for Nuclear Security (Administrator); and (2) environmental restoration and waste management activities and other defense activities in carrying out national security programs, with specified allocations for defense environmental management, other defense activities, and defense nuclear waste disposal.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3141) Requires the head of each DOE national security laboratory and the commander of the U.S. Strategic Command to report annually to the Secretary concerned (Defense or Energy) and the Nuclear Weapons Council on an assessment regarding the safety, reliability, performance, or military effectiveness of each nuclear weapon type in the U.S. stockpile for which such official is responsible. Requires an annual report from such Secretaries to the President and Congress on assessments received. Requires each national security laboratory head to assemble "red teams" to provide oversight with respect to such assessments.
(Sec. 3142) Directs the Secretary of Energy (Secretary, for purposes of this Division) to prepare and include within DOE budget justification documents for FY 2004 plans for achieving readiness postures of six, 12, 18, and 24 months for U.S. resumption of underground nuclear weapons tests.
(Sec. 3143) Requires the Secretary, in any fiscal year after 2002 in which the Secretary plans to carry out activities relating to the development of a new or modified nuclear weapon, to specifically request funds for such activities in the budget submitted for that fiscal year. Provides exceptions: (1) for the nuclear weapons life extension program; (2) to modify an existing nuclear weapon solely to address safety or reliability concerns; or (3) to address proliferation concerns.
(Sec. 3144) Makes DOE funds authorized for the NNSA available to the Deputy Administrator for Nuclear Security for Defense Programs for the development and implementation before the end of FY 2003 of a database for all national security laboratories to track the notification and resolution phases of Significant Finding Investigations.
(Sec. 3145) Directs the Secretary, using funds made available under this title, to carry out a program to reform DOE environmental management activities. Requires a site performance management plan for each site for which the Secretary allocates funding for such program.
(Sec. 3146) Prohibits the obligation of FY 2003 funding for the Robust Nuclear Earth Penetrator program until 30 days after the Secretary of Defense submits a specified program report to the defense committees.
Subtitle C: Proliferation Matters - (Sec. 3151) Transfers from DOD to the Administrator the CTR program and assets relating to the elimination of weapons grade plutonium production in Russia. Limits program funding until a report from the Administrator to specified congressional committees concerning any agreements reached with Russia to shut down three plutonium-producing reactors.
(Sec. 3152) Amends the National Defense Authorization Act for Fiscal Year 1996 to repeal report requirements on the obligation of funds for programs on fissile materials in Russia.
(Sec. 3153) Amends the Spence Act to include within required reports on the status of nuclear materials protection, control, and accounting programs information on all countries having such materials (currently, only Russia).
(Sec. 3154) Amends the Defense Against Weapons of Mass Destruction Act of 1996 to extend through FY 2013 a program for testing and improving the response of Federal, State, and local agencies to emergencies involving nuclear, radiological, chemical, or biological weapons and related materials.
(Sec. 3155) Directs the Secretary to carry out with the Russian Federation a cooperative program on the research, development, and demonstration of technologies for protection from and response to nuclear or radiological terrorism. Provides program funding from funds authorized under this title.
(Sec. 3156) Authorizes the Secretary to establish within DOE's International Materials Protection, Control, and Accounting program a program on the protection, control, and accounting of materials usable in radiological dispersal devices. Requires the Secretary to work cooperatively with the Russian Federation to develop a sustainable nuclear materials protection, control, and accounting system for nuclear materials of the Russian Federation. Provides program funding.
(Sec. 3157) Authorizes the Secretary to carry out a program to pursue with the Russian Federation options for blending highly enriched uranium so that the concentration of U-235 in such uranium is below 20 percent. Provides program funding.
(Sec. 3158) Directs the Secretary to: (1) report to Congress on options for an international program to develop strengthened security for nuclear reactors and associated materials outside the United States; and (2) pursue with the Russian Federation joint programs on proliferation-resistant nuclear energy technologies. Provides program funding.
(Sec. 3159) Authorizes the Secretary to pursue in the former Soviet Union and other regions of concern options for accelerating programs that assist countries in improving their domestic export control programs for materials, technologies, and expertise relevant to the construction or use of a nuclear or radiological dispersal device. Provides funding.
(Sec. 3160) Directs the Secretary to work with the Russian Federation to develop a plan to accelerate the return to Russia of all weapons-usable nuclear materials located in research reactors and other facilities outside of Russia that were supplied to the former Soviet Union.
(Sec. 3161) Expresses the sense of Congress that the: (1) President should encourage amendment of the Convention on the Physical Protection of Nuclear Materials to apply it to both domestic and international use and transport of nuclear materials and to address protection against sabotage; and (2) Secretary should develop a comprehensive program of activities to encourage all countries with nuclear materials to adhere to, or adopt standards equivalent to, the International Atomic Energy Agency standard on the Physical Protection of Nuclear Material and Nuclear Facilities relating to the security of stockpiles of highly enriched uranium and plutonium.
Subtitle D: Other Matters - (Sec. 3171) Amends the Atomic Energy Act of 1954 to extend until December 31, 2004, a program under which the Secretary indemnifies DOE contractors who perform activities that involve the risk of public liability and are not subject to financial protection requirements of such Act.
(Sec. 3172) Makes funds authorized under this title available for FY 2003 payments to the Los Alamos National Laboratory Foundation for the support of public education needs of children in the vicinity of the Los Alamos National Laboratory, New Mexico. Authorizes the Secretary to extend through FY 2005 the contract for the provision of such support. Directs the Secretary to study and report to the defense and appropriations committees on options for funding such contract extension.
(Sec. 3173) Amends the Atomic Energy Act of 1954 to provide new requirements for worker health and safety rules for DOE nuclear facilities. Provides civil or contract penalties for persons who have entered into an indemnification agreement that violates rules or regulations relating to industrial or construction health and safety. Requires promulgation of initial regulations for such new requirements within one year after enactment of this Act.
(Sec. 3174) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 2004 DOE authority to appoint certain scientific, engineering, and technical personnel.
(Sec. 3175) Amends the Thurmond Act to: (1) extend until April 1, 2003, the authority of a panel to assess the reliability, safety, and security of a U.S. nuclear stockpile; and (2) require a follow-up report from the panel to the defense committees on progress under the U.S. stockpile stewardship program.
(Sec. 3176) Requires a report from the Secretary to the defense and appropriations committees on the status of those environmental management initiatives being undertaken to accelerate the reduction of environmental risks and challenges that, as a result of the legacy of the Cold War, are faced by DOE, its contractors, and applicable Federal and State regulatory agencies.
Subtitle E: Disposition of Weapons-Usable Plutonium at Savannah River, South Carolina - (Sec. 3182) Directs the Secretary to submit to Congress a plan for the construction and operation at the Savannah River Site, South Carolina, of a mixed-oxide fuel facility for converting weapons-grade plutonium to a mixed-oxide fuel for use in commercial nuclear power reactors. Provides a construction schedule and production deadline dates, with the goal of achieving facility construction by January 1, 2009, and of processing 34 metric tons of plutonium into mixed-oxide fuel by January 1, 2019. Requires: (1) annual progress reports; (2) the Secretary to submit corrective plans if facility construction and operation are more than 12 months behind schedule; (3) the removal or disposal of unprocessed plutonium from the Site if the schedule and deadlines are not met; and (4) payments to South Carolina of economic and impact assistance associated with not meeting such schedule and deadlines. Directs the Secretary to submit to Congress: (1) a plan to address the failure to complete the planned removal or disposal; and (2) a report on the removal of mixed-oxide fuel upon completion of operations at the facility.
(Sec. 3183) Requires the Defense Nuclear Facilities Safety Board to study and report to Congress and the Secretary on the adequacy of the K-Area Materials Storage Facility and related facilities at the Savannah River Site for the storage of defense plutonium and related materials in connection with the plutonium disposition program.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY 2003 for the Defense Nuclear Facilities Safety Board.
Title XXXIII: National Defense Stockpile - (Sec. 3301) Authorizes the National Defense Stockpile (NDS) Manager, during FY 2003, to obligate up to $76.4 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
Title XXXIV: Naval Petroleum Reserves - (Sec. 3401) Authorizes appropriations to the Secretary for FY 2003 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration - (Sec. 3501) Authorizes appropriations for FY 2003 for the Department of Transportation for the Maritime Administration.
(Sec. 3502) Authorizes the Secretary of Transportation to convey the vessel USS SPHINX to the Dunkirk Historical Lighthouse and Veterans Park Museum under certain conditions, including that: (1) the recipient uses the vessel as a nonprofit military museum and not for commercial transportation; and (2) the recipient makes the vessel available to the Government when required by such Secretary.
(Sec. 3503) Amends the Merchant Marine Act, 1936 to authorize the Secretary of Transportation to obtain independent analysis of an application forguaranteed financing for the construction, reconstruction, or reconditioning of a covered vessel.
(Sec. 3504) Authorizes the Secretary of Transportation to provide to any State to which an obsolete ship is transferred financial assistance to prepare the ship for use as an artificial reef, including costs for environmental remediation, towing, and sinking. Directs such Secretary and the Administrator of the Environmental Protection Agency: (1) to jointly develop environmental best management practices to be used in the preparation of vessels for use as artificial reefs (requiring such practices to be submitted to Congress); and (2) and the Secretary of State to jointly carry out during FY 2003 one or more pilot programs to explore the feasibility and advisability of various alternatives for exporting obsolete vessels in the National Defense Reserve Fleet for dismantlement and recycling. Requires a report from the Secretary of Transportation to Congress on the pilot program(s).
Title XXXVI: Atomic Energy Defense Provisions - (Sec. 3601) Atomic Energy Defense Act - Subtitle A: [Reserved] Subtitle B: Department of Energy National Security Authorizations General Provisions - (Sec. 3621) Prohibits the use of funds appropriated pursuant to this subtitle for: (1) the cost of a program exceeding 115 percent of or $5 million more than the amount authorized; or (2) programs which have not been presented to, or requested of, Congress until the Secretary transmits to the defense and appropriations committees a full statement of the action proposed and 30 days have expired.
(Sec. 3622) Places certain funding limits for general plant and construction projects of DOE. Requires congressional reports when amounts exceed such limits.
(Sec. 3624) Authorizes the Secretary to transfer DOE authorized funds: (1) to other Federal agencies for the performance of work for which such funds were authorized; or (2) between authorizations within DOE. Requires notification to the defense committees of any such transfers.
(Sec. 3625) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for designs for which the estimated cost exceeds $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount.
(Sec. 3626) Authorizes the use of DOE funds for planning, design, or construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense and appropriations committees when funds are so used.
(Sec. 3629) Directs the Secretary to empower each DOE field office manager with the authority to transfer defense environmental management funds from a program or project under such office's jurisdiction to another program or project in order to address a risk to health, safety, or the environment or to assure the most efficient use of such funds at that field office. Limits such transfers to a total of $5 million per fiscal year. Directs the Secretary to notify Congress within 30 days after any such transfer.
(Sec. 3630) Directs the Secretary to empower each DOE field office manager with the authority to transfer weapons activities funds from a program or project of that office to another such program or project when such transfer: (1) is necessary to address a risk to health, safety, or the environment; or (2) will result in cost savings and efficiencies. Limits such transfer to $5 million. Directs the Secretary to notify Congress within 30 days after any such transfer.
Committee on Environment and Public Works. Hearings held. Hearings printed: S.Hrg. 107-1004.
Held at the desk.
Held at the desk.
Conference report filed: Conference report H. Rept. 107-772 filed.(text of conference report: CR H8092-8535)
Conference report H. Rept. 107-772 filed. (text of conference report: CR H8092-8535)
Mr. Hunter moved to suspend the rules and agree to the conference report, H. Rept. 107-772.
DEBATE - The House proceeded with forty minutes of debate on the conference report on H.R. 4546.
Conference committee actions: Conferees agreed to file conference report.
Conferees agreed to file conference report.
Conference report agreed to in House: On motion to suspend the rules and agree to the conference report Agreed to by voice vote.(consideration: CR H8535-8541)
Motions to reconsider laid on the table Agreed to without objection.
On motion to suspend the rules and agree to the conference report Agreed to by voice vote. (consideration: CR H8535-8541)
Conference papers: message on House action held at the desk in Senate.
Conference report considered in Senate by Unanimous Consent.
Enacted as Public Law 107-314
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Received in the Senate and Read twice and referred to the Committee on Armed Services.
Held at the desk.
Motion to reconsider laid on the table Agreed to without objection.
Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.(consideration: CR S10858-10874)
Senate agreed to conference report by Voice Vote. (consideration: CR S10858-10874)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 107-314.
Became Public Law No: 107-314.