[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2586 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2586
To authorize appropriations for fiscal year 2002 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2002, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2001
Mr. Stump (for himself and Mr. Skelton) (both by request) introduced
the following bill; which was referred to the Committee on Armed
Services
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2002 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2002, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2002''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--PROCUREMENT
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense health program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201. Authorization of appropriations.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Contract authority for Defense Working Capital Funds.
Subtitle B--Environmental Provisions
Sec. 310. Reimburse EPA for certain costs in connection with Hooper
Sands site, in South Berwick, Maine.
Sec. 311. Elimination of report on contractor reimbursement costs.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 315. Costs payable to the Department of Defense and other Federal
agencies for services provided to the
Defense Commissary Agency.
Sec. 316. Reimbursement for non-commissary use of commissary
facilities.
Sec. 317. Commissary contracts and other agencies and
instrumentalities.
Sec. 318. Operation of commissary stores.
Subtitle D--Other Matters
Sec. 320. Reimbursement, for reserve intelligence support.
Sec. 321. Disposal of obsolete and excess materials contained in the
national defense stockpile.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End Strengths for active forces.
Subtitle B--Reserve Forces
Sec. 405. End strengths for selected reserve.
Sec. 406. End strengths for reserves on active duty in support of the
reserves.
Sec. 407. End strengths for military technicians (dual status).
Sec. 408. Fiscal year 2002 limitation on number of non-dual status
technicians.
Sec. 409. Authorized strengths: reserve officers and senior enlisted
members on active duty or full-time
National Guard duty for administration of
the reserves or National Guard.
Sec. 410. Increase in authorized strengths for Air Force officers on
active duty in the grade of major.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Elimination of certain medical and dental requirements for
Army early-deployers.
Sec. 502. Medical deferment of mandatory retirement or separation.
Sec. 503. Officer in charge; United States Navy Band.
Sec. 504. Removal of requirement for certification for certain flag
officers to retire in their highest grade.
Subtitle B--Reserve Component Personnel Policy
See. 511. Retirement of reserve personnel.
Sec. 512. Amendment to reserve PERSTEMPO definition.
See. 513. Individual ready reserve physical examination requirement.
Sec. 514. Funeral honors duty performed by members of the National
Guard.
Sec. 515. Strength and grade ceiling accounting for reserve component
members on active duty in support of a
contingency operation.
Sec. 516. Reserve health professionals stipend program expansion.
Sec. 517. Reserve officers on active duty for a period of three years
or less.
Sec. 518. Active duty end strength exemption for National Guard and
reserve personnel performing funeral honors
functions.
See. 519. Clarification of functions that may be assigned to active
guard and reserve personnel on full-time
National Guard duty.
See. 520. Authority for temporary waiver of the requirement for a
baccalaureate degree for promotion of
certain reserve officers of the Army.
Sec. 521. Authority of the President to suspend certain laws relating
to promotion, retirement and separation;
duties.
Subtitle C--Education and Training
Sec. 531. Authority for the Marine Corps University to award the degree
of master of strategic studies.
Sec. 532. Reserve component distributed learning.
Sec. 533. Repeal of limitation on number of junior reserve officers'
training corps (JROTC) units.
Sec. 534. Modification of the Nurse Officer Candidate Accession Program
restriction on students attending civilian
educational institutions with Senior
Reserve Officers' Training Programs.
Sec. 535. Defense Language Institute Foreign Language Center.
Subtitle D--Decorations, Awards, and Commendations
Sec. 541. Authority for award of the Medal of Honor to Humbert R.
Versace for valor during the Vietnam War.
Sec. 542. Issuance of duplicate Medal of Honor.
Sec. 543. Repeal of limitation on award of Bronze Star to members in
receipt of special pay.
Subtitle E--Uniform Code of Military Justice
Sec. 551. Revision of punitive UCMJ article regarding drunken operation
of vehicle, aircraft, or vessel.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2002.
Sec. 602. Partial dislocation allowance authorized under certain
circumstances.
Sec. 603. Funeral honors duty allowance for retirees.
Sec. 604. Basic pay rate for certain reserve commissioned officers with
prior service as an enlisted member or
warrant officer.
Sec. 605. Family separation allowance.
Sec. 606. Housing Allowance for the Chaplain for the Corps of Cadets,
United States Military Academy.
Sec. 607. Clarifying amendment that space-required travel for annual
training reserve duty does not obviate
transportation allowances.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Authorize the Secretary of the Navy to prescribe submarine
duty incentive pay rates.
Sec. 612. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 613. Extension of certain bonuses and special pay authorities for
nurse officer candidates, registered
nurses, nurse anesthetists, and dental
officers.
Sec. 614. Extension of authorities relating to nuclear officer special
pays.
See. 615. Extension of special and incentive pays.
Sec. 616. Accession bonus for officers in critical skills.
Sec. 617. Critical wartime skill requirement for eligibility for the
individual ready reserve bonus.
Sec. 618. Hazardous duty incentive pay: maritime board and search.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Funded student travel: exchange programs.
Sec. 622. Payment of vehicle storage costs in advance.
Sec. 623. Travel and transportation allowances for family members to
attend the burial of a deceased member of
the Armed Forces.
Sec. 624. Shipment of privately owned vehicles when executing CONUS
permanent change of station moves.
Subtitle D--Other
See. 631. Montgomery G I Bill--selected reserve eligibility period.
Sec. 632. Improved disability benefits for certain reserve component
members.
Sec. 633. Acceptance of scholarships by officers participating in the
funded legal education program.
TITLE VII--ACQUISITION POLICY AND ACQUISITION MANAGEMENT
Subtitle A--Acquisition Policy
Sec. 701. Acquisition milestone changes.
Sec. 702. Clarification of inapplicability of the requirement for core
logistics capabilities standards to the
nuclear refueling of an aircraft carrier.
Sec. 703. Depot maintenance utilization waiver.
Subtitle B--Acquisition Workforce
See. 705. Tenure requirement for critical acquisition positions.
Subtitle C--General Contracting Procedures and Limitations
Sec. 710. Amendment of law applicable to contracts for architectural
and engineering services and construction
design.
Sec. 711. Streamlining procedures for the purchase of certain goods.
Sec. 712. Repeal of the requirement for the limitations on the use of
Air Force civil engineering supply function
contracts.
Sec. 713. Modification of limitation on retirement or dismantlement of
strategic nuclear delivery systems.
Subtitle D--Military Construction General Provisions
Sec. 715. Exclusion of unforeseen environmental hazard remediation from
the limitation on cost increases for
military construction and family housing
construction projects.
Sec. 716. Increase of overseas minor construction threshold using
operations and maintenance funds.
Sec. 717. Leasebacks of base closure property.
Sec. 718. Alternative authority for acquisition and improvement of
military housing.
Sec. 719. Annual report to congress on design and construction.
TITLE VIII--DEPARTMENT OF DEFENSE ORGANIZATION AND POSITIONS
Subtitle A--Department of Defense Organizations and Positions
Sec. 801. Organizational alignment change for director for
expeditionary warfare.
Sec. 802. Change of name for Air Mobility Command.
See. 803. Transfer of intelligence positions in support of the National
Imagery and Mapping Agency.
Subtitle B--Reports
Sec. 811. Amendment to National Guard and reserve component equipment:
annual report to Congress.
Sec. 812. Elimination of triennial report on the roles and missions of
the Armed Forces.
Sec. 813. Change in due date of commercial activities report.
Subtitle C--Other Matters
Sec. 821. Documents, historical artifacts, and obsolete or surplus
materiel: loan, donation, or exchange.
See. 822. Charter air transportation of members of the Armed Forces.
TITLE IX--GENERAL PROVISIONS
Subtitle A--Matters Relating to Other Nations
Sec. 901. Recognition of assistance from foreign nationals.
Subtitle B--Department of Defense Civilian Personnel
Sec. 911. Authority for designated civilian employees abroad to act as
a notary.
Sec. 912. Inapplicability of requirement for studies and reports when
all directly affected Department of Defense
civilian employees are reassigned to
comparable federal positions.
Sec. 913. Pilot program for payment of retraining expenses.
Subtitle C--Other Matters
Sec. 921. Authority to ensure demilitarization of significant military
equipment formerly owned by the Department
of Defense.
Sec. 922. Department of Defense gift initiatives.
Sec. 923. Repeal of the joint requirements oversight council semi-
annual report.
TITLE I--PROCUREMENT
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2002
for procurement for the Army as follows:
(1) For aircraft, $1,925,491,000.
(2) For missiles, $1,859,634,000.
(3) For weapons and tracked combat vehicles,
$2,276,746,000.
(4) For ammunition, $1,193,365,000.
(5) For other procurement, $3,961,737,000.
(6) For chemical agents and munitions destruction,
$1,153,557,000 for--
(A) the destruction of lethal chemical weapons in
accordance with section 1412 of the Department of
Defense Authorization Act, 1986 (50 U.S.C. 1521) and
(B) the destruction of chemical warfare material of
the United States that is not covered by section 1412
of such Act.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds axe hereby authorized to be appropriated for
fiscal year 2002 for procurement for the Navy as follows:
(1) For aircraft, $8,252,543,000.
(2) For weapons, including missiles and torpedoes,
$1,433,475,000.
(3) For shipbuilding and conversion, $9,344,121,000.
(4) For other procurement, $4,097,576,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2002 for procurement for the Marine Corps in the amount
of $981,724,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2002 for procurement of ammunition
for the Navy and Marine Corps in the amount of $457,099,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2002
for procurement for the Air Force as follows:
(1) For aircraft, $10,744,458,000.
(2) For missiles, $3,233,536,000.
(3) For procurement of ammunition, $865,344,000.
(4) For other procurement, $8,158,521,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2002
for defense-wide procurement in the amount of $1,603,927,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2002
for procurement for the Defense Inspector General in the amount of
$1,800,000.
SEC. 106. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2002
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $267,915,000.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2002
for the use of the Armed Forces for research, development, test, and
evaluation, as follows:
(1) For the Army, $6,693,920,000.
(2) For the Navy, $11,123,389,000.
(3) For the Air Force, $14,343,982,000.
(4) For Defense-wide research, development, test, and
evaluation, $15,268,142,000, of which $217,355,000 is
authorized for the Director of Operational Test and Evaluation.
(5) For the Defense Health Program, $65,304,000.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2002
for the use of the Armed Forces of the United States and other
activities and agencies of the Department of Defense, for expenses, not
otherwise provided for, for operation and maintenance, in amounts as
follows:
(1) For the Army, $21,191,680,000.
(2) For the Navy, $26,961,382,000.
(3) For the Marine Corps, $2,892,314,000.
(4) For the Air Force, $26,146,770,000.
(5) For the Defense-wide activities, $12,518,631,000.
(6) For the Army Reserve, $1,787,246,000.
(7) For the Naval Reserve, $1,003,690,000.
(8) For the Marine Corps Reserve, $144,023,000.
(9) For the Air Force Reserve, $2,029,866,000.
(10) For the Army National Guard, $3,677,359,000.
(11) For the Air National Guard, $3,867,361,000.
(12) For the Defense Inspector General, $150,221,000.
(13) For the United States Court of Appeals for the Armed
Forces, $9,096,000.
(14) For Environmental Restoration, Army, $389,800,000.
(15) For Environmental Restoration, Navy, $257,517,000.
(16) For Environmental Restoration, Air Force,
$385,437,000.
(17) For Environmental Restoration, Defense-wide,
$23,492,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $190,255,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $49,700,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $820,381,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $25,000,000.
(22) For the Defense Health Program, $17,565,750,000.
(23) For Cooperative Threat Reduction programs,
$403,000,000.
(24) For Overseas Contingency Operations Transfer Fund,
$2,844,226,000.
(25) For Support for International Sporting Competitions,
Defense, $15,800,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2002
for the use of the Armed Forces of the United States and other
activities and agencies of the Department of Defense for providing
capital for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $1,951,986,000.
(2) For the National Defense Sealift Fund, $506,408,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2002
from the Armed Forces Retirement Home Trust Fund the sum of $71,440,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. CONTRACT AUTHORITY FOR DEFENSE WORKING CAPITAL FUNDS.
Contract authority in the amount of $427, 100,000, to remain
available until September 30, 2002, is hereby authorized and
appropriated to the Defense Working Capital Fund for the procurement,
lease-purchase with substantial private sector risk, capital or
operating multiple-year lease, of a capital asset, multiple-year time
charter of a commercial craft or vessel and associated services.
Subtitle B--Environmental Provisions
SEC. 310. REIMBURSE EPA FOR CERTAIN COSTS IN CONNECTION WITH HOOPER
SANDS SITE, IN SOUTH BERWICK, MAINE.
(a) Authority To Reimburse EPA.--Using funds described in
subsection (b), the Secretary of the Navy may pay $1,005,478.00 to the
Hooper Sands Special Account within the Hazardous Substance Superfund
established by section 9507 of the Internal Revenue Code of 1986 (26
U.S.C. 9507) to reimburse the Environmental Protection Agency in full
for the Remaining Past Response Costs incurred by the agency for
actions taken pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C. 9601, et seq.) at the
Hooper Sands site in South Berwick, Maine, pursuant to an Interagency
Agreement entered into by the Department of the Navy and the
Environmental Protection Agency in January 2001.
(b) Source of Funds.--Any payment under subsection (a) shall be
made using the amounts authorized to be appropriated by paragraph (15)
of section 301 to the Environmental Restoration, Navy account,
established by section 2703(a)(3) of title 10, United States Code.
SEC. 311. ELIMINATION OF REPORT ON CONTRACTOR REIMBURSEMENT COSTS.
Section 2706 of title 10, United States Code, is amended by
striking subsection (c) and redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 315. COSTS PAYABLE TO THE DEPARTMENT OF DEFENSE AND OTHER FEDERAL
AGENCIES FOR SERVICES PROVIDED TO THE DEFENSE COMMISSARY
AGENCY.
Section 2482(b)(1) of title 10, United States Code, is amended by
striking ``However, the Defense Commissary Agency may not pay for any
such service provided by the United States Transportation Command any
amount that exceeds the price at which the service could be procured
through full and open competition, as such term is defined in section
4(6) of the Office of Federal Procurement Policy Act (41 U.S.C.
403(6)).'' and inserting ``The Defense Commissary Agency may not pay
for any service provided by a Defense working capital fund activity
which exceeds the price at which the service could be procured through
full and open competition by the Defense Commissary Agency, as such
term is defined in section 4(6) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(6)). In determining the cost for providing
such service the Defense Commissary Agency may pay a Defense working
capital fund activity those administrative and handling costs it would
be required to pay for the provision of such services had the Defense
Commissary Agency acquired them under full and open competition. Under
no circumstances will any costs associated with mobilization
requirements, maintenance of readiness, or establishment or maintenance
of infrastructure to support such mobilization or readiness
requirements, be included in rates charged the Defense Commissary
Agency.''.
SEC. 316. REIMBURSEMENT FOR NON-COMMISSARY USE OF COMMISSARY
FACILITIES.
(a) In General.--Chapter 147 of title 10, United States Code, is
amended by inserting at the beginning of the chapter the following new
section:
``Sec. 2481. Reimbursement for non-commissary use of commissary
facilities
``If a commissary facility acquired, constructed or improved (in
whole or in part) with commissary surcharge revenues is used for non-
commissary purposes, the Secretary of the military department concerned
shall reimburse the commissary surcharge revenues for the commissary's
share of the depreciated value of the facility.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter 147 is amended by inserting before the item relating to
section 2482 the following new item:
``2481. Reimbursement for non-commissary use of commissary
facilities.''.
SEC. 317. COMMISSARY CONTRACTS AND OTHER AGENCIES AND
INSTRUMENTALITIES.
Section 2482(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Where the Secretary of Defense authorizes the Defense
Commissary Agency to sell limited exchange merchandise as
commissary store inventory under section 2486(b)(11) of this
title, the Defense Commissary Agency shall enter into a
contract or other agreement to obtain such merchandise
available from the Armed Service Exchanges, provided that such
merchandise shall be obtained at a cost of no more than the
exchange retail price less the amount of commissary surcharge
authorized to be collected by section 2486 of this title. If
such merchandise is procured by the Defense Commissary Agency
from other than the Armed Service Exchanges, the limitations
provided in section 2486(e) of this title apply.''.
SEC. 318. OPERATION OF COMMISSARY STORES.
Section 2482(a) of title 10, United States Code, is amended by
striking ``A contract with a private person'' and all that remains to
the end of the subsection.
Subtitle D--Other Matters
SEC. 320. REIMBURSEMENT FOR RESERVE INTELLIGENCE SUPPORT.
(a) Appropriations available to the Department of Defense for
operations and maintenance may be used to reimburse National Guard and
Reserve units or organizations for the pay, allowances and other
expenses which are incurred by such National Guard and Reserve units or
organizations when members of the National Guard or Reserve provide
intelligence, including counterintelligence, support to Combatant
Commands, Defense Agencies and Joint Intelligence Activities, including
the activities and programs included within the National Foreign
Intelligence Program, the Joint Military Intelligence Program, and the
Tactical Intelligence and Related Activities aggregate.
(b) Nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
SEC. 321. DISPOSAL OF OBSOLETE AND EXCESS MATERIALS CONTAINED IN THE
NATIONAL DEFENSE STOCKPILE.
Subject to the conditions specified in section 10(c) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-1(c)),
the President may dispose of the following obsolete and excess
materials contained in the National Defense Stockpile in the following
quantities:
Bauxite, Refractory, 40,000 short tons.
Chromium Metal, 3,512 short tons.
Iridium, 25,140 troy ounces.
Jewel Bearings, 30,273,221 pieces.
Manganese, Ferro HC, 209,074 short tons.
Palladium, 11 troy ounces.
Quartz Crystal, 216,648 pounds.
Tantalum Metal Ingot, 120,228 pounds contained tantalum.
Tantalum Metal Powder, 36,020 pounds contained tantalum.
Thorium Nitrate, 600,000 pounds.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2002, as follows:
(1) The Army, 480,000.
(2) The Navy, 376,000.
(3) The Marine Corps, 172,600.
(4) The Air Force, 358,800.
Subtitle B--Reserve Forces
SEC. 405. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2002, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 87,000.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States, 108,400.
(6) The Air Force Reserve, 74,700.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 406. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2002, the following number of Reserves to be serving on full-time
active duty or, in the case of members of the National Guard, full-time
National Guard duty for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 22,974.
(2) The Army Reserve, 13,108.
(3) The Naval Reserve, 14,811.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,591.
(6) The Air Force Reserve, 1,437.
SEC. 407. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The Reserve Components of the Army and the Air Force are authorized
strengths for military technicians (dual status) as of September 30,
2002, as follows:
(1) For the Army Reserve, 5,999.
(2) For the Army National Guard of the United States,
23,128.
(3) For the Air Force Reserve, 9,818.
(4) For the Air National Guard of the United States,
22,422.
SEC. 408. FISCAL YEAR 2002 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
The number of civilian employees who are non-dual status
technicians of a reserve component of the Army or Air Force as of
September 30, 2002, may not exceed the following:
(1) For the Army Reserve, 1,095.
(2) For the Army National Guard of the United States,
1,600.
(3) For the Air Force Reserve, 0.
(4) For the Air National Guard of the United States, 350.
SEC. 409. AUTHORIZED STRENGTHS: RESERVE OFFICERS AND SENIOR ENLISTED
MEMBERS ON ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY
FOR ADMINISTRATION OF THE RESERVES OR NATIONAL GUARD.
(a) In General.--Section 12011 of title 10, United States Code, is
amended by amending the body of the section to read as follows:
``(a) Ceilings for Full-Time Reserve Component Field Grade
Officers.--The number of reserve officers of the reserve components of
the Army, Navy, Air Force, and Marine Corps who may be on active duty
in the pay grades of O-4, O-5, O-6 for duty described in sections
10211, 10302 through 10305, 123 10, or 12402 of this title, or full-
time National Guard duty (other than for training) under section 502(f)
of title 32, or section 708 of title 32, may not, at the end of any
fiscal year, exceed a number for that grade and reserve component in
accordance with the following tables:
``Army National Guard
------------------------------------------------------------------------
AGR Population O-4 (MAJ) O-5 (LTC) O-6 (COL)
------------------------------------------------------------------------
20,000 1,500 850 325
22,000 1,650 930 350
24,000 1,790 1,010 370
26,000 1,930 1,085 385
28,000 2,070 1,160 400
30,000 2,200 1,235 405
32,000 2,330 1,305 408
34,000 2,450 1,375 411
36,000 2,570 1,445 411
38,000 2,670 1,515 411
40,000 2,770 1,580 411
42,000 2,837 1,644 411
------------------------------------------------------------------------
``U.S. Army Reserve
------------------------------------------------------------------------
AGR Population O-4 (MAJ) O-5 (LTC) O-6 (COL)
------------------------------------------------------------------------
10,000 1,390 740 230
11,000 1,529 803 242
12,000 1,668 864 252
13,000 1,804 924 262
14,000 1,940 984 272
15,000 2,075 1,044 282
16,000 2,210 1,104 291
17,000 2,345 1,164 300
18,000 2,479 1,223 309
19,000 2,613 1,282 318
20,000 2,747 1,341 327
21,000 2,877 1,400 336
------------------------------------------------------------------------
``U.S. Naval Reserve
------------------------------------------------------------------------
AGR Population O-4 (MAJ) O-5 (LTC) O-6 (COL)
------------------------------------------------------------------------
10,000 807 447 141
11,000 867 467 153
12,000 924 485 163
13,000 980 503 173
14,000 1,035 521 183
15,000 1,088 538 193
16,000 1,142 555 203
17,000 1,195 565 213
18,000 1,246 575 223
19,000 1,291 585 233
20,000 1,334 595 242
21,000 1,364 603 250
22,000 1,384 610 258
23,000 1,400 615 265
24,000 1,410 620 270
------------------------------------------------------------------------
``U.S. Marine Corps Reserve
------------------------------------------------------------------------
AGR Population O-4 (MAJ) O-5 (LTC) O-6 (COL)
------------------------------------------------------------------------
1,100 106 56 20
1,200 110 60 21
1,300 114 63 22
1,400 118 66 23
1,500 121 69 24
1,600 124 72 25
1,700 127 75 26
1,800 130 78 27
1,900 133 81 28
2,000 136 84 29
2,100 139 87 30
2,200 141 90 31
2,300 143 92 32
2,400 145 94 33
2,500 147 96 34
2,600 149 98 35
------------------------------------------------------------------------
``Air National Guard
------------------------------------------------------------------------
AGR Population O-4 (MAJ) O-5 (LTC) O-6 (COL)
------------------------------------------------------------------------
5,000 333 335 251
6,000 403 394 260
7,000 472 453 269
8,000 539 512 278
9,000 606 571 287
10,000 673 630 296
11,000 740 688 305
12,000 807 742 314
13,000 873 795 323
14,000 939 848 332
15,000 1,005 898 341
16,000 1,067 948 350
17,000 1,126 998 359
18,000 1,185 1,048 368
19,000 1,235 1,098 377
20,000 1,283 1,148 380
------------------------------------------------------------------------
``U.S. Air Force Reserve
------------------------------------------------------------------------
AGR Population O-4 (MAJ) O-5 (LTC) O-6 (COL)
------------------------------------------------------------------------
500 83 85 50
1,000 155 165 95
1,500 220 240 135
2,000 285 310 170
2,500 350 369 203
3,000 413 420 220
3,500 473 464 230
4,000 530 500 240
4,500 585 529 247
5,000 638 550 254
5,500 688 565 261
6,000 735 575 268
7,000 770 595 280
8,000 805 615 290
10,000 835 635 300
------------------------------------------------------------------------
``(b) Grade Substitutions for Lower Grade Ceilings.--Whenever the
number of officers serving in any grade for duty described in
subsection (a) is less than the number authorized for that grade under
this section, the difference between the two numbers may be applied to
increase the number authorized under this section for any lower grade.
``(c) Determination of Authorized Ceilings.--If the total number of
members serving in the grades prescribed in the above tables is between
any two consecutive numbers in the first column of the appropriate
table, the corresponding authorized strengths for each of the grades
shown in that table, for that component, are determined by mathematical
interpolation between the respective numbers of the two strengths. If
the total numbers of members serving on AGR duty in the first column
are greater or less than the figures listed in the first column of the
appropriate table, the Secretary concerned shall fix the corresponding
strengths for the grades shown in that table at the same proportion as
reflected in the nearest limit shown in the table.
``(d) Secretarial Waiver.--Upon determination by the Secretary of
Defense that such action is in the national interest, the Secretary may
increase the number of reserve officers that may be on active duty or
full-time National Guard duty in a controlled grade authorized pursuant
to subsection (a) for the current fiscal year for any of the Reserve
components by a number equal to not more than 5 percent of the
authorized strength in that controlled grade.''.
(b) In General.--Section 12012 of title 10, United States Code, is
amended by amending the body of the section to read as follows:
``(a) Ceilings for Full-Time Reserve Component Senior Enlisted
Members.--The number of enlisted members in pay grades of E-8 and E-9
for who may be on active duty under section 10211 or 12310, or on full-
time National Guard duty under the authority of section 502(f) of title
32 (other than for training) in connection with organizing,
administering, recruiting, instructing, or training the reserve
components or the National Guard may not, at the end of any fiscal
year, exceed a number determined in accordance with the following
tables:
``Army National Guard
------------------------------------------------------------------------
AGR Population E-8 (MSG) E-9 (SGM)
------------------------------------------------------------------------
20,000 1,650 550
22,000 1,775 615
24,000 1,900 645
26,000 1,945 675
28,000 1,945 705
30,000 1,945 725
32,000 1,945 730
34,000 1,945 735
36,000 1,945 738
38,000 1,945 741
40,000 1,945 743
42,000 1,945 743
------------------------------------------------------------------------
``U.S. Army Reserve
------------------------------------------------------------------------
AGR Population E-8 (MSG) E-9 (SGM)
------------------------------------------------------------------------
10,000 1,052 154
11,000 1,126 168
12,000 1,195 180
13,000 1,261 191
14,000 1,327 202
15,000 1,391 213
16,000 1,455 224
17,000 1,519 235
18,000 1,583 246
19,000 1,647 257
20,000 1,711 268
21,000 1,775 278
------------------------------------------------------------------------
``U.S. Naval Reserve
------------------------------------------------------------------------
AGR Population E-8 (SCPO) E-9 (MCPO)
------------------------------------------------------------------------
10,000 340 143
11,000 364 156
12,000 386 169
13,000 407 182
14,000 423 195
15,000 435 208
16,000 447 221
17,000 459 234
18,000 471 247
19,000 483 260
20,000 495 273
21,000 507 286
22,000 519 299
23,000 531 312
24,000 540 325
------------------------------------------------------------------------
``U.S. Marine Corps Reserve
------------------------------------------------------------------------
AGR Population E-8 (IST SGT) E-9 (SGTMAJ)
------------------------------------------------------------------------
1,100 50 11
1,200 55 12
1,300 60 13
1,400 65 14
1,500 70 15
1,600 75 16
1,700 80 17
1,800 85 18
1,900 89 19
2,000 93 20
2,100 96 21
2,200 99 22
2,300 101 23
2,400 103 24
2,500 105 25
2,600 107 26
------------------------------------------------------------------------
``Air National Guard
------------------------------------------------------------------------
AGR Population E-8 (SMSGT) E-9 (CMSGT)
------------------------------------------------------------------------
5,000 1,020 405
6,000 1,070 435
7,000 1,120 465
8,000 1,170 490,
9,000 1,220 510
10,000 1,270 530
11,000 1,320 550
12,000 1,370 570
13,000 1,420 589
14,000 1,470 608
15,000 1,520 626
16,000 1,570 644
17,000 1,620 661
18,000 1,670 678
19,000 1,720 695
20,000 1,770 712
------------------------------------------------------------------------
``U.S. Air Force Reserve
------------------------------------------------------------------------
AGR Population E-8 (SMSGT) F-9 (CMSGT)
------------------------------------------------------------------------
500 75 40
1,000 145 75
1,500 208 105
2,000 270 130
2,500 325 150
3,000 375 170
3,500 420 190
4,000 460 210
4,500 495 230
5,000 530 250
5,500 565 270
6,000 600 290
7,000 670 330
8,000 740 370
10,000 800 400
------------------------------------------------------------------------
``(b) Grade Substitution for Lower Grade Ceilings.--Whenever the
number of members serving in pay grade E-9 for duty described in
subsection (a) is less than the number authorized for that grade under
this section, the difference between the two numbers may be applied to
increase the number authorized under this section for pay grade E-8.
``(c) Determination of Authorized Ceilings.--If the total number of
members serving in the grades prescribed in the above tables is
between, any two consecutive
numbers in the first column of the appropriate table, the corresponding
authorized strengths for each of the grades shown in that table, for
that component, are determined by mathematical interpolation between
the respective numbers of the two strengths. If the total numbers of
members serving on AGR duty in the first column are greater or less
than the figures listed in the first column of the appropriate table,
the Secretary concerned shall fix the corresponding strengths for the
grades shown in that table at the same proportion as reflected in the
nearest limit shown in the table.
``(d) Secretarial Waiver.--Upon determination by the Secretary of
Defense that such action is in the national interest, the Secretary may
increase the number of senior reserve enlisted members that may be on
active duty or full-time National Guard duty in a controlled grade
authorized pursuant to subsection (a) for the current fiscal year for
any of the Reserve components by a number equal to not more than 5
percent of the authorized strength in that controlled grade.''.
SEC. 410. INCREASE IN AUTHORIZED STRENGTHS FOR AIR FORCE OFFICERS ON
ACTIVE DUTY IN THE GRADE OF MAJOR.
The table in section 523(a)(1) of title 10, United States Code, is
amended by striking the figures under the
heading ``Major'' relating to the Air Force and inserting the
following:
``9,861
``10,727
``11,593
``12,460
``13,326
``14,192
``15,058
``15,925
``16,792
``17,657
``18,524
``19,389
``20,256
``21,123
``21,989
``22,855
``23,721
``24,588
``25,454.''.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. ELIMINATION OF CERTAIN MEDICAL AND DENTAL REQUIREMENTS FOR
ARMY EARLY-DEPLOYERS.
Section 1074a of title 10, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 502. MEDICAL DEFERMENT OF MANDATORY RETIREMENT OR SEPARATION.
Section 640 of title 10, United States Code, is amended--
(1) by inserting ``(a)'' at the beginning of the paragraph;
(2) by striking ``cannot'' and inserting ``may not''; and
(3) by adding at the end the following new subparagraph
(b):
``(b) An officer whose mandatory retirement or separation under
this chapter or chapter 63 of this title is subject to deferral under
this section, may be extended for a period not to exceed 30 days
following completion of the evaluation requiring hospitalization or
medical observation.''.
SEC. 503. OFFICER IN CHARGE; UNITED STATES NAVY BAND.
(a) Detail and Grade.--Chapter 565 of title 10, United States Code,
is amended by inserting after section 6221 the following new section:
``Sec. 6221a. United States Navy Band: officer in charge
``An officer serving in a grade not below lieutenant commander may
be detailed as Officer in Charge of the United States Navy Band. While
so serving, an officer who holds a grade lower than captain shall hold
the grade of captain if he is appointed to that grade by the President,
by and with the advice and consent of the Senate. Such appointment may
occur notwithstanding the limitation of subsection 5596(d) of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter 565 is amended by inserting after the item referring to
section 6221 the following new item:
``6221a. United States Navy Band: officer in charge.''.
SEC. 504. REMOVAL OF REQUIREMENT FOR CERTIFICATION FOR CERTAIN FLAG
OFFICERS TO RETIRE IN THEIR HIGHEST GRADE.
Section 1370(c)(1) of title 10, United States Code, is amended--
(1) by striking ``certifies in writing to the President and
Congress'' and inserting ``determines in writing''; and
(2) by adding at the end of the paragraph the following new
sentence: ``The Secretary of Defense shall issue regulations to
implement this paragraph.''.
Subtitle B--Reserve Component Personnel Policy
SEC. 511. RETIREMENT OF RESERVE PERSONNEL.
(a) Retired Reserve.--Section 10154(2) of title 10, United States
Code, is amended by striking ``upon their request''.
(b) Retirement for Failure of Selection of Promotion.--(1) Section
14513 of such title 10 is amended--
(A) in the heading, by inserting ``or retirement'' after
``Separation''; and
(B) in paragraph (2), by striking ``and applies'' and
inserting ``unless the officer requests not to be transferred
to the Retired Reserve'' before the semicolon.
(2) The table of sections at the beginning of chapter 1407 of such
title 10 is amended by striking the item relating to section 14513 and
inserting the following new item:
``14513. Separation or retirement for failure of selection for
promotion.''.
(c) Retirement for Years of Service or After Selection for Early
Removal.--Section 14514 of such title 10 is amended--
(1) in paragraph (1), by striking ``and applies'' and
inserting `` unless the officer requests not to be transferred
to the Retired Reserve'' before the semicolon; and
(2) in paragraph (2), by striking ``does not apply for such
transfer'' and inserting ``has requested not to be transferred
to the Retired Reserve'' after ``is not qualified or''.
(d) Retirement for Age.--Section 14515 of such title 10 is
amended--
(1) in paragraph (1), by striking ``and applies'' and
inserting ``unless the officer requests not to be transferred
to the Retired Reserve'' before the semicolon; and
(2) in paragraph (2), by striking ``does not apply for
transfer'' and inserting ``has requested not to be
transferred'' following ``is riot qualified or''.
(e) Discharge or Retirement of Warrant Officers for Years of
Service or Age.--(1) Chapter 1207 of such title 10 is amended by adding
at the end the following new section:
``12244. Warrant officers: discharge or retirement for years of service
or for age
``Each reserve warrant officer of the Army, Navy, Air Force, or
Marine Corps who is in an active status and has reached the maximum
years of service or age prescribed by the Secretary concerned shall--
``(1) be transferred to the Retired Reserve, if the warrant
officer is so qualified for such transfer, unless the warrant
officer requests not to be transferred to the Retired Reserve;
or
``(2) if the warrant officer is not qualified for such
transfer or requests not to be 42 transferred to the Retired
Reserve, be discharged.''.
(2) The table of sections at the beginning of such chapter 1207 of
title 10 is amended by adding at the end the following new item:
``12244. Warrant officers: discharge or retirement for years of service
or for age.''.
(f) Discharge, or Retirement of Enlisted Members for Years of
Service or Age.--(1) Chapter 1203 of such title 10 is amended by
adding, at the end the following new section:
``12108. Enlisted members: discharge or retirement for years of service
or for age
``Each reserve enlisted member of the Army, Navy, Air Force, or
Marine Corps who is in an active status and has reached the maximum
years of service or age prescribed by the Secretary concerned shall--
``(1) be transferred to the Retired Reserve, if the member
is so qualified for such transfer, unless the member requests
not to be transferred to the Retired Reserve; or
``(2) if the member is not qualified for such transfer or
requests not to be transferred to the Retired Reserve, be
discharged.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``12108. Enlisted members: discharge or retirement for years of service
or for age.''.
SEC. 512. AMENDMENT TO RESERVE PERSTEMPO DEFINITION.
Section 991(b) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting ``active'' before
``service'' and adding at the end the following new sentence:
``For the purpose of this definition, the housing in which a
member of a reserve component resides is either the housing the
member normally occupies when on garrison duty or the member's
permanent civilian residence.'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3) respectively; and
(4) in paragraph (3) (as redesignated), by striking ``in
paragraphs (1) and (2).'' and inserting ``in paragraph (1).''.
SEC. 513. INDIVIDUAL READY RESERVE PHYSICAL EXAMINATION REQUIREMENT.
Section 10206 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``Ready Reserve'' and
inserting ``Selected Reserve'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) As determined by the Secretary concerned, each member of the
Individual Ready Reserve or Inactive National Guard shall be provided a
physical examination, if required--
``(1) to determine the member's fitness for military duty;
or
``(2) for promotion, attendance at a military school or
other career progression requirements.''.
SEC. 514. FUNERAL HONORS DUTY PERFORMED BY MEMBERS OF THE NATIONAL
GUARD.
Section 1491 (b) of title 10, United States Code, is amended by
inserting after paragraph (2) the following new paragraph:
``(3) A member of the Army National Guard of the United States or
Air National Guard of the United States who serves as a member of a
funeral honors detail while serving in a duty status authorized under
state law shall be considered to be a member of the armed forces for
the purpose of fulfilling the two member funeral honors detail
requirement in paragraph (2).''.
SEC. 515. STRENGTH AND GRADE CEILING ACCOUNTING FOR RESERVE COMPONENT
MEMBERS ON ACTIVE DUTY IN SUPPORT OF A CONTINGENCY
OPERATION.
(a) Active Duty Strength Accounting--Section 11 5(c) of title 10,
United States Code is amended--
(1) in subparagraph (1), by striking ``and'' at the end of
the subparagraph;
(2) in subparagraph (2), by striking the period and adding
``; and'' at the end of the subparagraph; and
(3) by adding the following new subparagraph:
``(3) increase the end strength authorized pursuant to
subsection (a)(1)(A) for a fiscal year for any of the armed
forces by a number equal to the number of members of the
reserve components on active duty under section 12301(d) of
this title in support of a contingency operation as defined in
section 101(a)(13) of this title.''.
(b) Increase in Authorized Daily Average for Members in Pay Grades
E-8 and E-9 on Active Duty Under Certain Circumstances.--Section 517 of
such title 10 is amended at the end by adding the following new
paragraph:
``(d) The Secretary of Defense may increase the authorized daily
average number of enlisted members on active duty in an armed force in
pay grades E-8 and E-9 in a fiscal year pursuant to subsection (a) by
the number of enlisted members of a reserve component in that armed
force in the pay grades of E-8 and E-9 on active duty under section
12301(d) of this title in support of a contingency operation as defined
in section 101(a)(13) of this title,''.
(c) Increase in Authorized Strengths for Commissioned Officers in
Pay Grades O-4, O-5 and O-6 on Active Duty Under Certain
Circumstances.--Section 523 of such title 10 is amended--
(1) in paragraphs (a)(1) and (a)(2), by striking
``subsection (c)'' and inserting ``subsections (c) and (e)'';
and
(2) by adding at the end the following new subsection:
``(e) The Secretary of Defense may increase the authorized total
number of commissioned officers serving on active duty at the end of
any fiscal year pursuant to subsection (a) by the number of
commissioned officers of a reserve component of the Army, Navy, Air
Force, or Marine Corps on active duty under section 12301(d) of this
title in support of a contingency operation as defined in section
101(a)(13) of this title.''.
(d) Increase, in Authorized Strengths for General and Flag Officers
on Active Duty Under Certain Circumstances.--Section 526(a) of such
title 10 is amended by--
(1) striking ``the'' the first time it appears;
(2) inserting ``(1) Except as provided in paragraph (2),
the'' following ``Limitations.--'';
(3) redesignating paragraphs (1), (2), (3) and (4) as
subparagraphs (A), (B), (C) and (D), respectively; and
(4) inserting after subparagraph (D) (as redesignated by
section (d)(3)) the following new paragraph:
``(2) The Secretary of Defense may increase the number of
general and flag officers on active duty pursuant to paragraph
(1) by the number of reserve component general and flag
officers on active duty under section 12301(d) of this title in
support of a contingency operation as defined in section
101(a)(13) of this title.''.
SEC. 516. RESERVE HEALTH PROFESSIONALS STIPEND PROGRAM EXPANSION.
(a) Purpose of Program.--Section 16201(a) of title 10, United
States Code, is amended to read as follows:
``(a) Establishment of Program.--For the purposes of obtaining
adequate numbers of commissioned officers in the reserve components who
are qualified in health professions, the Secretary of each military
department may establish and maintain a program to provide financial
assistance under this chapter to persons engaged in training that leads
to a degree in medicine or dentistry, and to a health professions
specialty critically needed in wartime. Under such a program, the
Secretary concerned may agree to pay a financial stipend to persons
engaged in health care education and training in return for a
commitment to subsequent service in the Ready Reserve.''.
(b) Medical and Dental Student Stipend.--Section 16201 of such
title 10 is amended by--
(1) redesignating subsections (b), (c), (d) and (e) as
subsections (c), (d), (e) and (f);
(2) inserting the following new subsection:
``(b) Medical and Dental School Students.--(1) Under the stipend
program under this chapter, the Secretary of the military department
concerned may enter into an agreement with a person who--
``(A) is eligible to be appointed as an officer in a
Reserve component;
``(B) is enrolled or has been accepted for enrollment in an
institution in a course of study that results in a degree in
medicine or dentistry;
``(C) signs an agreement that, unless sooner separated, the
person will--
``(i) complete the educational phase of the
program;
``(ii) accept a reappointment or redesignation
within his reserve component, if tendered, based upon
his health profession, following satisfactory
completion of the educational and intern programs; and
``(iii) participate in a residency program; and
``(D) if required by regulations prescribed by the
Secretary of Defense, agrees to apply for, if eligible, and
accept, if offered, residency training in a health profession
skill which has been designated by the Secretary of Defense as
a critically needed wartime skill.
``(2) Under the agreement--
``(A) the Secretary of the military department concerned
shall agree to pay the participant a stipend, in the amount
determined under subsection (f), for the period or the
remainder of the period the student is satisfactorily
progressing toward a degree in medicine or dentistry while
enrolled in an accredited medical or dental school;
``(B) the participant shall not be eligible to receive such
stipend before appointment, designation, or assignment as an
officer for service in the Ready Reserve;
``(C) the participant shall be subject to such active duty
requirements as may be specified in the agreement and to active
duty in time of war or national emergency as provided by law
for members of the Ready Reserve; and
``(D) the participant shall agree to serve, upon successful
completion of the program, one year in the Selected Reserve for
each six months, or part thereof, for which the stipend is
provided. In the case of a participant who enters into a
subsequent agreement under subsection (c) and successfully
completes residency training in a specialty designated by the
Secretary of Defense as a specialty critically needed by the
military department in wartime, the requirement to serve in the
Selected Reserve may be reduced to one year for each year, or
part thereof, for which the stipend was provided while enrolled
in medical or dental school.''.
(c) Wartime Critical Skills.--Section 16201(c) (as redesignated by
section (b)) is amended--
(1) by inserting ``Wartime'' following ``Critical'' in the
heading; and
(2) in paragraph (1)(B), by inserting ``or has been
appointed as a medical or dental officer in the Reserve of the
armed force concerned'' before the semicolon at the end.
(d) Service Obligation Requirement.--Subparagraph (2)(D) of
subsection (c) (as redesignated by section (b)) and subparagraph (2)(D)
of subsection (d) (as redesignated by section (b)) are amended by
striking ``two years in the Ready Reserve for each year,'' and
inserting ``one year in the Ready Reserve for each six months,''.
(e) Clerical Amendments.--Subparagraphs (2)(A) of subsection (c)
(as redesignated by section (b)) and subparagraph (2)(A) of subsection
(d) (as redesignated by section (b)) are amended by striking
``subsection (e)'' and inserting ``subsection (f)''.
SEC. 517. RESERVE OFFICERS ON ACTIVE DUTY FOR A PERIOD OF THREE YEARS
OR LESS.
(a) Clarification of Exemption.--Section 641(1)(D) of title 10,
United States Code, is amended to read as follows:
``(D) on active duty under section 12301(d) of this title,
other than as provided under subparagraph (C), provided the
call or order to active duty, as prescribed in regulations of
the Secretary concerned, specifies a period of three years or
less and continued placement on the reserve active-status
list;''.
(b) Retroactive Application.--(1) Officers who were placed on the
reserve active status list under section 641(1)(D), as amended by
section 521 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (Public Law 106-398; 114 Stat. 1654A-108), may be
considered, as determined by the Secretary concerned, to have been on
the active-duty list during the period beginning on the date of
enactment of Public Law 106-398 through the date of enactment of this
Act.
``(2) Officers who were placed on the active duty list on or after
October 30, 1997, may, at the discretion of the Secretary concerned, be
placed on the reserve active-status list upon enactment of this Act,
provided they otherwise meet the conditions specified in section
641(1)(D) as amended by this Act.
SEC. 518. ACTIVE DUTY END STRENGTH EXEMPTION FOR NATIONAL GUARD AND
RESERVE PERSONNEL PERFORMING FUNERAL HONORS FUNCTIONS.
Section 115(d) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(10) Members of reserve components on active duty to prepare for
and to perform funeral honors functions for funerals of veterans in
accordance with section 1491 of this title.
``(11) Members on full-time National Guard duty to prepare for and
to perform funeral honors functions for funerals of veterans in
accordance with section 1491 of this title.''.
SEC. 519. CLARIFICATION OF FUNCTIONS THAT MAY BE ASSIGNED TO ACTIVE
GUARD AND RESERVE PERSONNEL ON FULL-TIME NATIONAL GUARD
DUTY.
Section 12310(b) of title 10, United States Code, is amended by
inserting ``, or a Reserve who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) of title
32 in connection with functions referred to in subsection (a),'' after
``on active duty as described in subsection (a)''.
SEC. 520. AUTHORITY FOR TEMPORARY WAIVER OF THE REQUIREMENT FOR A
BACCALAUREATE DEGREE FOR PROMOTION OF CERTAIN RESERVE
OFFICERS OF THE ARMY.
Section 516 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1920, 2008) is
amended--
(1) in subsection (a), by striking ``(a) Waiver Authority
for Army OCS Graduates.--'' and ``before the date of the
enactment of this Act''; and
(2) in subsection (b), by striking ``2000'' and inserting
``2003''.
SEC. 521. AUTHORITY OF THE PRESIDENT TO SUSPEND CERTAIN LAWS RELATING
TO PROMOTION, RETIREMENT AND SEPARATION; DUTIES.
Section 12305 of title 10, United States Code, is amended by adding
at the end the following new subsection (c):
``(c) Active duty members whose mandatory separations or
retirements incident to section 1251 or sections 632-637 of this title
are delayed pursuant to invocation of this section, will be afforded up
to 90 days following termination of the suspension before being
separated of retired.''.
Subtitle C--Education and Training
SEC. 531. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD THE DEGREE
OF MASTER OF STRATEGIC STUDIES.
(a) Authority to Confer Degree.--Upon the recommendation of the
Director and faculty of the Marine Corps War College of the Marine
Corps University, the President of the Marine Corps University may
confer the degree of master of strategic studies upon graduates of the
college who fulfill the requirements for the degree.
(b) Regulation.--The Secretary of the Navy shall promulgate
regulations under which the Director of the faculty of the Marine Corps
War College of the Marine Corps University shall administer the
authority in subsection (a).
(e) Effective Date.--The authority to award degrees provided by
subsection (a) shall become effective on the date on which the
Secretary of Education determines that the requirements established by
the Marine Corps War College of the Marine Corps University for the
degree of master of strategic studies are in accordance with generally
applicable requirements for a degree of master of arts.
SEC. 532. RESERVE COMPONENT DISTRIBUTED LEARNING.
(a) Compensation for Distributed Learning.--Section 206(d) of title
37, United States Code, is amended to read as follows:
``(d) A member of a Reserve Component may be paid compensation
under this section for the successful completion of courses of
instruction undertaken by electronic, paper-based, or other distributed
learning. Distributed Learning is structured learning that takes place
without 55 requiring the physical presence of an instructor. To be
compensable, the instruction must be required by law, Department of
Defense policy, or service regulation and may be accomplished either
independently or as part of a group.''.
(b) Definition of Inactive-Duty Training.--Section 101(22) of title
37, United States Code, is amended by striking ``, but does not include
work or study in connection with a correspondence course of a uniformed
service''.
SEC. 533. REPEAL OF LIMITATION ON NUMBER OF JUNIOR RESERVE OFFICERS'
TRAINING CORPS (JROTC) UNITS.
Section 2031(a)(1) of title 10, United States Code, is amended by
striking the second sentence.
SEC. 534. MODIFICATION OF THE NURSE OFFICER CANDIDATE ACCESSION PROGRAM
RESTRICTION ON STUDENTS ATTENDING CIVILIAN EDUCATIONAL
INSTITUTIONS WITH SENIOR RESERVE OFFICERS' TRAINING
PROGRAMS.
Section 2130a of title 10, United States Code, is amended--
(1) in paragraph (a)(2), by striking ``that does not have a
Senior Reserve Officers'' Training Program established under
section 2102 of this title;'' and
(2) in paragraph (b)(1), by adding at the end ``or that has
a Senior Reserve Officers'' Training Program for which the
student is ineligible.''.
SEC. 535. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.
(a) Subject to subsection (b), the Commandant of the Defense
Language Institute Foreign Language Center (Institute) may confer an
Associate of Arts degree in Foreign Language upon graduates of the
Institute who fulfill the requirements for the degree.
(b) No degree may be conferred upon any student under this section
unless the Provost certifies to the Commandant of the Institute that
the student has satisfied all the requirements prescribed for such
degree.
(c) The authority provided by subsection (a) shall be exercised
under regulations prescribed by the Secretary of Defense.
Subtitle D--Decorations, Awards, and Commendations
SEC. 541. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO HUMBERT R.
VERSACE FOR VALOR DURING THE VIETNAM WAR.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the military service, the President may
award the Medal of Honor under section 3741 of that title to Humbert R.
Versace for the acts of valor referred to in subsection (b).
(b) Action Described.--The acts of valor referred to in subsection
(a) are the actions of Humbert R. Versace between October 29, 1963, and
September 26, 1965, while interned as a prisoner of war by the
Vietnamese Communist National Liberation Front (Viet Cong) in the
Republic of Vietnam.
SEC. 542. ISSUANCE OF DUPLICATE MEDAL OF HONOR.
(a) Section 3747 of title 10, United States Code, is
amended--
(1) in the section heading, by adding at the end ``;
issuance of duplicate medal of honor'';
(2) by striking ``Any medal of honor'' and inserting ``(a)
Replacement of Medals.--Any medal of honor'';
(3) by inserting ``stolen,'' before ``lost or destroyed,'';
and
(4) by adding at the end the following new subsection:
``(b) Issuance of Duplicate Medal of Honor.--Upon written
application by a person to whom a medal of honor has been awarded under
this chapter, the Secretary of the Army may issue such person, without
charge, one duplicate medal of honor, with ribbons and appurtenances.
Such duplicate shall be marked, in a manner the Secretary may
determine, as a duplicate or for display purposes only. The issuance of
a duplicate medal of honor under the authority of this subsection shall
not constitute the award of more than one medal of honor within the
meaning of section 3744(a) of this title.''.
(b) Section 6253 of such title is amended--
(1) in the section heading, by adding at the end ``;
issuance of duplicate medal of honor'';
(2) by striking ``The Secretary of the Navy may replace''
and inserting ``(a) Replacement of Medals.--The Secretary of
the Navy may replace'';
(3) by inserting ``stolen,'' before ``lost or destroyed'';
and
(4) by adding at the end the following new subsection:
``(b) Issuance of Duplicate Medal of Honor.--Upon written
application by a person to whom a medal of honor has been awarded under
this chapter, the Secretary of the Navy may issue such person, without
charge, one duplicate medal of honor, with ribbons and appurtenances.
Such duplicate shall be marked, in a manner the Secretary may
determine, as a duplicate or for display purposes only. The issuance of
a duplicate medal of honor under the authority of this subsection shall
not constitute the award of more than one medal of honor within the
meaning of section 6247 of this title.''.
(c) Section 8747 of such title is amended--
(1) in the section heading, by adding at the end ``;
issuance of duplicate medal of honor'';
(2) by striking ``Any medal of honor'' and inserting ``(a)
Replacement of Medals.--Any medal of honor'';
(3) by inserting ``stolen,'' before ``lost or destroyed,'';
and
(4) by adding at the end the following new subsection:
``(b) Issuance of Duplicate Medal of Honor.--Upon written
application by a person to whom a medal of honor has been awarded under
this chapter, the Secretary of the Air Force may issue such person,
without charge, one duplicate medal of honor, with ribbons and
appurtenances. Such duplicate shall be marked, in a manner the
Secretary may determine, as a duplicate or for display purposes only.
The issuance of a duplicate medal of honor under the authority of this
subsection shall not constitute the award of more than one medal of
honor within the meaning of section 8744(a) of this title.''.
(d) Clerical Amendments.--(1) The item relating to section 3747 of
such title in the table of sections at the beginning of chapter 357 of
such title is amended to read as follows:
``3747. Medal of honor; distinguished-service cross; distinguished-
service medal; silver star: replacement;
issuance of duplicate medal of honor.'';
(2) The item relating to section 6253 of such title in the table of
sections at the beginning of chapter 567 of such title is amended to
read as follows:
``6253. Replacement; issuance of duplicate medal of honor.''; and
(3) The item relating to section 8747 of such title in the table of
sections at the beginning of chapter 857 of such title is amended to
read as follows:
``8747. Medal of honor; Air Force cross; distinguished-service cross;
distinguished-service medal; silver star:
replacement; issuance of duplicate medal of
honor.''.
SEC. 543. REPEAL OF LIMITATION ON AWARD OF BRONZE STAR TO MEMBERS IN
RECEIPT OF SPECIAL PAY.
Section 1133 of title 10, United States Code, is repealed.
Subtitle E--Uniform Code of Military Justice
SEC. 551. REVISION OF PUNITIVE UCMJ ARTICLE REGARDING DRUNKEN OPERATION
OF VEHICLE, AIRCRAFT, OR VESSEL.
(a) Standard for Drunken Operation of Vehicle, Aircraft, or
Vessel.--Paragraph (2) of section 911 of title 10, United States Code
(article 111 of the Uniform Code of Military Justice), is amended by
striking ``0.10 grams or more of alcohol'' and inserting ``0.08 grams
or more of alcohol'' both places such term appears.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
offenses committed on or after that date.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2002.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2002 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2002, the rates
of monthly basic pay for members of the uniformed services shall be as
follows:
MONTHLY BASIC PAY*,**,***
----------------------------------------------------------------------------------------------------------------
Years of service (computed under 37 U.S.C. 205)
Pay grade ----------------------------------------------------------------------------
<2 2 3 4 6 8 10
----------------------------------------------------------------------------------------------------------------
COMMISSIONED OFFICERS
----------------------------------------------------------------------------------------------------------------
0-10............................... 0 0 0 0 0 0 0
0-9................................ 0 0 0 0 0 0 0
0-8................................ 7180.20 7415.40 7571.10 7614.90 7809.30 8135.10 8210.70
0-7................................ 5966.40 6371.70 6371.70 6418.20 6657.90 6840.30 7051.20
0-6................................ 4422.00 4857.90 5176.80 5176.80 5196.60 5418.90 5448.60
0-5................................ 3537.00 4152.60 4440.30 4494.30 4673.10 4673.10 4813.50
0-4................................ 3023.70 3681.90 3927.60 3982.50 4210.50 4395.90 4696.20
0-3................................ 2796.60 3170.40 3421.80 3698.70 3875.70 4070.10 4232.40
0-2................................ 2416.20 2751.90 3169.50 3276.30 3344.10 3344.10 3344.10
0-1................................ 2097.60 2183.10 2638.50 2638.50 2638.50 2638.50 2638.50
----------------------------------------------------------------------------------------------------------------
12 14 16 18 20 22 24 26
----------------------------------------------------------------------------------------------------------------
0 0 0 0 11601.90 11659.20 11901.30 12324.00
0 0 0 0 10147.50 10293.60 10504.80 10873.80
8519.70 8608.50 8874.30 9259.50 9614.70 9852.00 9852.00 9852.00
7261.80 7472.70 8135.10 8694.90 8694.90 8694.90 8694.90 8738.70
5448.60 5628.60 6305.70 6627.00 6948.30 7131.00 7316.10 7675.20
5073.30 5413.50 5755.80 5919.00 6079.80 6262.80 6262.80 6262.80
4930.20 5092.50 5255.70 5310.60 5310.60 5310.60 5310.60 5310.60
4441.20 4549.50 4549.50 4549.50 4549.50 4549.50 4549.50 4549.50
3344.10 3344.10 3344.10 3344.10 3344.10 3344.10 3344.10 3344.10
2638.50 2638.50 2638.50 2638.50 2638.50 2638.50 2638.50 2638.50
----------------------------------------------------------------------------------------------------------------
COMMISSIONED OFFICERS WITH OVER 4 YEARS ACTIVE DUTY SERVICE
----------------------------------------------------------------------------------------------------------------
<2 2 3 4 6 8 10
----------------------------------------------------------------------------------------------------------------
AS AN ENLISTED MEMBER OR WARRANT OFFICER
----------------------------------------------------------------------------------------------------------------
0-3E............................... 0.00 0.00 0.00 3698.70 3875.70 4070.10 4232.40
0-2E............................... 0.00 0.00 0.00 3276.30 3344.10 3450.30 3630.00
O-IE............................... 0.00 0.00 0.00 2638.50 2818.20 2922.30 3028.50
----------------------------------------------------------------------------------------------------------------
12 14 16 18 20 22 24 26
----------------------------------------------------------------------------------------------------------------
4441.20 4617.00 4717.50 4855.20 4855.20 4855.20 4855.20 4855.20
3768.90 3872.40 3872.40 3872.40 3872.40 3872.40 3872.40 3872.40
3133.20 3276.30 3276.30 3276.30 3276.30 3276.30 3276.30 3276.30
----------------------------------------------------------------------------------------------------------------
WARRANT OFFICERS
----------------------------------------------------------------------------------------------------------------
<2 2 3 4 6 8 10
----------------------------------------------------------------------------------------------------------------
W-5................................ 0.00 0.00 0.00 0.00 0.00 0.00 0.00
W-4................................ 2889.60 3108.60 3198.00 3285.90 3437.10 3586.50 3737.70
W-3................................ 2638.80 2862.00 2862.00 2898.90 3017.40 3152.40 3330.90
W-2................................ 2321.40 2454.00 2569.80 2654.10 2726.40 2875.20 2984.40
W-1................................ 2049.90 2217.60 2330.10 2402.70 2511.90 2624.70 2737.80
----------------------------------------------------------------------------------------------------------------
12 14 16 18 20 22 24 26
----------------------------------------------------------------------------------------------------------------
0.00 0.00 0.00 0.00 4965.60 5136.00 5307.00 5478.60
3885.30 4038.00 4184.40 4334.40 4480.80 4632.60 4782.00 4935.30
3439.50 3558.30 3693.90 3828.60 3963.60 4098.30 4233.30 4368.90
3093.90 3200.40 3318.00 3438.90 3559.80 3680.10 3801.30 3801.30
2850.00 2963.70 3077.10 3189.90 3275.10 3275.10 3275.10 3275.10
----------------------------------------------------------------------------------------------------------------
ENLISTED MEMBERS
----------------------------------------------------------------------------------------------------------------
<2 2 3 4 6 8 10
----------------------------------------------------------------------------------------------------------------
E-9................................ 0.00 0.00 0.00 0.00 0.00 0.00 3423.90
E-8................................ 0.00 0.00 0.00 0.00 0.00 2858.10 2940.60
E-7................................ 1986.90 2169.00 2251.50 2332.50 2417.40 2562.90 2645.10
E-6................................ 1701.00 1870,80 1953.60 2033.70 2117.40 2254.50 2337.30
E-5................................ 1561.50 1665,30 1745.70 1828.50 1912.80 2030.10 2110.20
E-4................................ 1443.60 1517.70 1599.60 1680.30 1752.30 1752.30 1752.30
E-3................................ 1303.50 1385.40 1468.50 1468.50 1468.50 1468.50 1468.50
E-2................................ 1239.30 1239.30 1239.30 1239.30 1239.30 1239.30 1239.30
E-1 >4+............................ 1105.50 1105.50 1105.50 1105.50 1105.50 1105.50 1105.50
E-1 <4++........................... 1022.70 0.00 0.00 0.00 0.00 0.00 0.00
----------------------------------------------------------------------------------------------------------------
12 14 16 18 20 22 24 26
----------------------------------------------------------------------------------------------------------------
3501.30 3599.40 3714.60 3830.40 3944.10 4098.30 4251.30 4467.00
3017.70 3110.10 3210.30 3314.70 3420.30 3573.00 3724.80 3937.80
2726.40 2808.00 2892.60 2975.10 3057.30 3200.40 3292.80 3526.80
2417.40 2499.30 2558.10 2602.80 2602.80 2602.80 2602.80 2602.80
2193.30 2193.30 2193.30 2193.30 2193.30 2193.30 2193.30 2193.30
1752.30 1752.30 1752.30 1752.30 1752.30 1752.30 1752.30 1752.30
1468.50 1468.50 1468.50 1468.50 1468.50 1468.50 1468.50 1468.50
1239.30 1239.30 1239.30 1239.30 1239.30 1239.30 1239.30 1239.30
1105.50 1105.50 1105.50 1105.50 1105.50 1105.50 1105.50 1105.50
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
----------------------------------------------------------------------------------------------------------------
*Basic pay for 0-7 to 0-10 is limited to the rate of basic pay for level III of the Executive Schedule. Basic
pay for 0-6 and below is limited to level V of the Executive Schedule.
**While serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of
Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast
Guard, basic pay for this grade is $13,598.10, regardless of cumulative years of service computed under
section 205 of title 37, United States Code.
***While serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy or Coast Guard, Chief
Master Sergeant of the Air Force, or Sergeant Major of the Marine Corps, basic pay for this grade is
$5,382.90, regardless of cumulative years of service computed under section 205 of title 37, United States
Code.
+Applies to personnel who have served 4 months or more on active duty.
++Applies to personnel who have served less than 4 months on active duty.
SEC. 602. PARTIAL DISLOCATION ALLOWANCE AUTHORIZED UNDER CERTAIN
CIRCUMSTANCES.
(a) Authorization of Partial Dislocation Allowance.--Section 407 of
title 37, United States Code is amended--
(1) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively;
(2) in subsections (a)(1) and (b)(1), by striking
``subsection (c)'' and inserting ``subsection (d)'';
(3) by inserting after subsection (b) the following new
subsection:
``(c) Partial Dislocation Allowance.--(1) Under regulations
prescribed by the Secretary concerned, a member ordered to occupy or to
vacate Government family housing for the convenience of the Government
(including pursuant to the privatization or renovation of housing), and
not pursuant to a permanent change of station, may be paid a partial
dislocation allowance of $500.
``(2) Effective on the same date that the monthly rates of basic
pay for members are increased for a subsequent calendar year, the
Secretary of Defense shall adjust the rate for the partial dislocation
allowance for that calendar year by the percentage equal to the
percentage increase in the rate of basic pay for that calendar year.
``(3) Payments made under this subsection are not subject to the
fiscal year limitations in subsection (e).''; and
(4) in subsection (d)(1) as redesignated by paragraph (1),
by striking at the beginning ``The amount'' and inserting
``Except as provided in subsection (c), the amount''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2001.
SEC. 603. FUNERAL HONORS DUTY ALLOWANCE FOR RETIREES.
Section 435 of title 37, United States Code, is amended--
(1) in subsection (a), by inserting before the period at
the end ``or a retired member of the armed forces who performs
at least two hours of duty preparing for or performing honors
at the funeral of a veteran''; and
(2) by adding at the end the following new subsection:
``(d) Concurrent Payment.--Notwithstanding any other provision of
law, the allowance paid to a retired member of the armed forces under
subsection (a) shall be in addition to any other compensation
authorized under title 10, title 37, and title 38 to which the retired
member may be entitled.''.
SEC. 604. BASIC PAY RATE FOR CERTAIN RESERVE COMMISSIONED OFFICERS WITH
PRIOR SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER.
Section 203(d) of title 37, United States Code, is amended by
inserting ``, or who earns a total of more than 1,460 points credited
under section 12732(a)(2) of title 10 while serving as a warrant
officer or as a warrant officer and enlisted member'' following ``or as
a warrant officer and enlisted member''.
SEC. 605. FAMILY SEPARATION ALLOWANCE.
Section 427(c) of title 37, United States Code, is amended by
amending the first sentence to read as follows:
``A member who elects to serve an unaccompanied tour of duty
because dependent movement to the permanent station is denied for
certified medical reasons is entitled to an allowance under subsection
(a)(1)(A). In all other cases, a member who elects to serve a tour
unaccompanied by his dependents at a permanent station to which
movement of his dependents is authorized at the expense of the United
States under section 406 of this title is not entitled to an allowance
under subsection (a)(1)(A).''.
SEC. 606. HOUSING ALLOWANCE FOR THE CHAPLAIN FOR THE CORPS OF CADETS,
UNITED STATES MILITARY ACADEMY.
Section 4337 of title 10, United States Code, is amended by
striking the second sentence and inserting ``Notwithstanding any other
provision of law, the chaplain is entitled to the same basic allowance
for housing allowed to a lieutenant colonel, and to fuel and light for
quarters in kind.''.
SEC. 607. CLARIFYING AMENDMENT THAT SPACE-REQUIRED TRAVEL FOR ANNUAL
TRAINING RESERVE DUTY DOES NOT OBVIATE TRANSPORTATION
ALLOWANCES.
Section 18505(a) of title 10, United States Code, is amended by
striking ``annual training duty or'' each time such term appears.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. AUTHORIZE THE SECRETARY OF THE NAVY TO PRESCRIBE SUBMARINE
DUTY INCENTIVE PAY RATES.
(a) In General.--Section 301c of title 37, United States Code, is
amended by striking subsection (b) and inserting the following:
``(b) A member who meets the requirements prescribed in subsection
(a) is entitled to monthly submarine duty incentive pay in an amount
prescribed by the Secretary of the Navy, but not more than $1,000 per
month.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2002.
SEC. 612. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2001'' and
inserting ``September 30, 2003''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of such
title 37 is amended by striking ``December 31, 2001'' and inserting
``September 30, 2003''.
(c) Enlistment Bonus.--Section 309(e) of such title 37 is amended
by striking ``December 31, 2001'' and inserting ``September 30, 2003''.
(d) Retention Bonus for Members Qualified in a Critical Military
Skill.--Section 323(i) of such title 37 is amended by striking
``December 31, 2001'' and inserting ``September 30, 2003''.
SEC. 613. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR
NURSE OFFICER CANDIDATES, REGISTERED NURSES, NURSE
ANESTHETISTS, AND DENTAL OFFICERS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2001'' and inserting ``September 30, 2003''.
(b) Accession Bonus for Registered nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2001'' and inserting ``September 30, 2003''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title 37 is amended by striking ``December 31,
2001'' and inserting ``September 30, 2003''.
(d) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
such title 37 is amended by striking ``September 30, 2002'' and
inserting ``September 30, 2003''.
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO NUCLEAR OFFICER SPECIAL
PAYS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking ``December 31, 2001'' and inserting ``December 31,
2003''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
37 is amended by striking ``December 31, 2001'' and inserting
``December 31, 2003''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title 37 is amended by striking ``December 31, 2001'' and inserting
``December 31, 2003''.
SEC. 615. EXTENSION OF SPECIAL AND INCENTIVE PAYS.
(a) Special Pay for Reserve Health Professionals in Critically
Short Wartime Specialties.--Section 302g(f) of title 37, United States
Code, is amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of such
title is amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of such
title is amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(d) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section of
308h(g) of such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of such title
is amended by striking ``December 31, 2001'' and inserting ``December
31, 2002''.
(h) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of title 10,
United States Code, is amended by striking ``January 1, 2002'' and
inserting ``January 1, 2003''.
SEC. 616. ACCESSION BONUS FOR OFFICERS IN CRITICAL SKILLS.
(a) In General.--Chapter 5 of title 37, United States Code, is
amended by inserting after section 323 the following new section:
``Sec. 324. Special Pay: officer critical skills accession bonus
``(a) Accession Bonus Authorized.--Under regulations prescribed by
the Secretary of Defense and the Secretary of Transportation with
respect to the Coast Guard when it is not operated as a service in the
Navy, and subject to the limitations in subsection (b), an individual
who executes a written agreement to accept a commission as an officer
of an armed force and serve on active duty in an officer critical skill
for the period specified in the agreement may be paid an accession
bonus not to exceed $20,000 upon acceptance of the written agreement by
the Secretary concerned.
``(b) Limitation on Eligibility for Bonus.--An individual may not
be paid a bonus under subsection (a) if the individual has received, or
is receiving, an accession bonus for the same period of service under
subsections 302d, 302h, or 312b.
``(c) Proration.--The term of an agreement and the amount of the
payment under subsection (a) may be prorated.
``(d) Payment Method.--Upon acceptance of the written agreement by
the Secretary concerned, the total amount payable pursuant to the
agreement under subsection (a) becomes fixed and may be paid by the
Secretary in either a lump sum or installments.
``(e) Repayment.--(1) If an individual who has entered into an
agreement under subsection (a) has received all or part of a bonus
under this section fails to accept an appointment or to commence or
complete the total period of active duty in the designated critical
skill specified in the agreement, the Secretary concerned may require
the individual to repay the United States, on a pro rata basis and to
the extent that the Secretary determines conditions and circumstances
warrant, any or all sums paid to the individual under this section.
``(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of a written agreement entered
into. under subsection (a) does not discharge the individual signing
the agreement from a debt arising under such agreement or under
paragraph (1).
``(f) Definition.--In this section, the term ``officer critical
skill'' means a skill designated as critical with respect to accession
of officers to the skill by the Secretary of Defense, or by the
Secretary of Transportation with respect to the Coast Guard when it is
not operating as a service in the Navy.
``(g) Termination of Bonus Authority.--No bonus may be paid under
this section with respect to any agreement to continue on active duty
in the armed forces entered into after September 30, 2003, and no
agreement under this section may be entered into after that date.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of such title 37 is amended by inserting after the item
relating to section 323 the following new item:
``324. Special Pay: officer critical skills accession bonus.''
SEC. 617. CRITICAL WARTIME SKILL REQUIREMENT FOR ELIGIBILITY FOR THE
INDIVIDUAL READY RESERVE BONUS.
Section 308h(a)(1) of title 37, United States Code, is amended--
(1) by striking ``a combat or combat support skill of'';
and
(2) by inserting ``is qualified in a skill or specialty
designated by the Secretary concerned as critically short to
meet wartime requirements and'' after ``and who''.
SEC. 618. HAZARDOUS DUTY INCENTIVE PAY: MARITIME BOARD AND SEARCH.
Section 301(a) of title 37, United States Code, is amended by
inserting after paragraph (11) the following new paragraph:
``(12) involving regular participation as a member of a
team conducting visit, board, search, and seizure operations as
defined by the Secretary concerned, aboard vessels in support
of maritime interdiction operations as designated by such
Secretary.
Subtitle C--Travel and Transportation Allowances
SEC. 621. FUNDED STUDENT TRAVEL: EXCHANGE PROGRAMS.
Section 430 of title 37, United States Code, is amended--
(1) in subsection (a)(3), by inserting ``(or a school
outside the United States if the dependent is attending that
school for less than one year under a program approved by the
school in the continental United States at which the dependent
is enrolled)'' after ``United States''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``(or a school
outside the United States if the dependent is attending
that school for less than one year under a program
approved by the school in the continental United States
at which the dependent is enrolled)'' after ``United
States'' the first place it appears; and
(B) by adding at the end the following new
subparagraph:
``(3) The transportation allowance under paragraph (1) for
a dependent child who is attending a school outside the United
States for less than one year under a program approved by the
school in the continental United States at which the dependent
is enrolled shall not exceed the allowance the member would be
paid for a trip between the school in the continental United
States and the member's duty station outside the continental
United States and return.''.
SEC. 622. PAYMENT OF VEHICLE STORAGE COSTS IN ADVANCE.
Section 2634(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) Storage costs payable under this subsection may be
paid in advance.''.
SEC. 623. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS TO
ATTEND THE BURIAL OF A DECEASED MEMBER OF THE ARMED
FORCES.
(a) Consolidation of Authorities.--Section 411f of title 37, United
States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``Allowances Authorized.--(1)''
after ``(a)''; and
(B) by inserting at the end following new
paragraph:
``(2) If a dependent of a deceased member who is authorized
travel and transportation allowances under this section is
unable to travel unattended to the burial ceremonies of the
deceased member--
``(A) because of--
``(i) age;
``(ii) physical condition; or
``(iii) other justifiable reason, as
determined under uniform regulations prescribed
by the Secretaries concerned; and
``(B) there is no other dependent qualified for
travel and transportation allowances under this section
available and qualified to serve as an attendant for
the dependent while traveling to and attending the
burial ceremonies, an attendant may be paid round trip
travel and transportation allowances under this
section.'';
(2) in subsection (b)(1)--
(A) by striking ``(b)(1) Except as provided in
paragraph (2)'' and inserting
``(b) Limitation on Allowances.--(1) Except as provided in
paragraphs (2) and (3)''; and
(B) by inserting before the period at the end the
following: ``and the time necessary for such travel'';
and
(3) in subsection (b)(2), by striking ``be extended to
accommodate'' and inserting ``not exceed the rates for two days
and'';
(4) by adding at the end of subsection (b) the following
new paragraph:
``(3) If a deceased member is interred in a cemetery
maintained by the American Battle Monuments Commission, the
allowances authorized under this section may be provided to and
from such cemetery and may not exceed the rates for two days
and time necessary for such travel.''; and
(5) by amending subsection (c) to read as follows:
``(c) Definitions.--(1) In this section, the term `dependents'
means--
``(A) the surviving spouse (including a remarried surviving
spouse) of the deceased member and any child of the deceased
member as defined in section 401(a)(2) of this title;
``(B) if no person described in subparagraph (A) is paid
travel and transportation allowances under this section, the
parents (as defined in section 401(b)(2)) of the deceased
member; or
``(C) if no person described in subparagraph (A) or (B) is
paid travel and transportation allowances under this section,
then--
``(i) the person who directs the disposition of the
remains of the deceased member under section 1482(c) or
chapter 74 of title 10 and two additional persons
selected by that person who are closely related to the
deceased member; or
``(ii) in the case of a deceased member whose
remains are commingled and buried in a common grave in
a national cemetery, the person who would have been
designated under section 1482(c) of such title to
direct the disposition of the remains if individual
identification had been made and two additional persons
selected by that person who are closely related to the
deceased member.
``(2) In this section, the term `burial ceremonies' includes--
``(A) an interment of casketed or cremated remains;
``(B) a placement of cremated remains in a columbarium:
``(C) a memorial service for which reimbursement is
authorized under section 1482(e)(2) of title 10; and
``(D) a burial of commingled remains that cannot be
individually identified in a common grave in a national
cemetery.''.
(b) Conforming Amendments.--(1) Section 1482 of title 10, United
States Code, is amended by striking subsection (d) and redesignating
subsections (e), (f), and (g) as subsections (d), (e), and (f),
respectively.
(2) The Funeral Transportation and Living Expense Benefits Act of
1974 (37 U.S.C. 406 note; Public Law 93-257) is repealed.
SEC. 624. SHIPMENT OF PRIVATELY OWNED VEHICLES WHEN EXECUTING CONUS
PERMANENT CHANGE OF STATION MOVES.
Section 2634(h)(1) of title 10, United States Code, is amended by
inserting before the period at the end ``, or when the Secretary
concerned determines that the transport of a vehicle upon transfer is
advantageous and cost-effective to the Government''.
Subtitle D--Other
SEC. 631. MONTGOMERY GI BILL--SELECTED RESERVE ELIGIBILITY PERIOD.
Section 16133(a) of title 10, United States Code, is amended by
striking ``10-year'' and inserting ``14-year''.
SEC. 632. IMPROVED DISABILITY BENEFITS FOR CERTAIN RESERVE COMPONENT
MEMBERS.
(a) Medical and Dental Care for Members.--Section 1074a(a)(3) of
title 10, United States Code, is amended by inserting before the
period: ``, or if otherwise authorized under applicable regulations''.
(b) Medical and Dental Care for Dependents.--Section 1076(a)(2)(C)
of such title is amended by inserting before the period: ``, or if
otherwise authorized under applicable regulations''.
(c) Eligibility for Disability Retirement or Separation.--(1)
Section 1204(2)(B)(iii) of such title is amended by inserting before
the semicolon: ``, or if otherwise authorized under applicable
regulations''.
(2) Section 1206(2)(C) of such title is amended by inserting before
the semicolon: ``, or if otherwise authorized under applicable
regulations''.
(d) Recovery, Care, and Disposition of Remains.--Section
1481(a)(2)(D) of such title is amended by inserting before the
semicolon: ``, or if otherwise authorized under applicable
regulations''.
(e) Entitlement to Basic Pay.--(1) Section 204(g)(1)(D) of title
37, United States Code, is amended by inserting before the period: ``,
or if otherwise authorized under applicable regulations''.
(2) Section 204(h)(1)(D) of such title is amended by inserting
before the period: ``, or if otherwise authorized under applicable
regulations''.
(f) Compensation for Inactive-Duty Training.--Section 206(a)(3)(C)
of such title is amended by inserting before the period: ``, or if
otherwise authorized under applicable regulations''.
SEC. 633. ACCEPTANCE OF SCHOLARSHIPS BY OFFICERS PARTICIPATING IN THE
FUNDED LEGAL EDUCATION PROGRAM.
(a) Acceptance of Scholarship.--Section 2004 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(g) An officer detailed at a law school under this section also
may accept a fellowship, scholarship, or grant under section 2603 of
this title. Any service obligation incurred under section 2603 shall be
served consecutively with the service obligation incurred under
subsection (b)(2)(C).''.
(b) Conforming Amendment.--Section 2603 of such title 10 is amended
by adding at the end the following new subsection:
``(c) A member who accepts a fellowship, scholarship, or grant in
accordance with subsection (a) also may be detailed at a law school
under section 2004 of this title. Any service obligation incurred under
section 2004 shall be served consecutively with the service obligation
incurred under subsection (b).''.
TITLE VII--ACQUISITION POLICY AND ACQUISITION MANAGEMENT
Subtitle A--Acquisition Policy
SEC. 701. ACQUISITION MILESTONE CHANGES.
(a) System Development and Demonstration.--Section 2366(c) of title
10, United States Code, is amended--
(1) in paragraph (1) by striking ``engineering and
manufacturing development'' and inserting ``system development
and demonstration''; and
(2) in paragraph (2) by striking ``engineering and
manufacturing development'' and inserting ``system development
and demonstration''.
(b) Milestone B.--Section 2400 of title 10, United States Code, is
amended--
(1) in subsections (a)(1)(A), (a)(2), (a)(4) and (a)(5), by
striking ``milestone II'' each place it appears and inserting
``milestone B''; and
(2) in subsection (a)(2), by striking ``engineering and
manufacturing development'' and inserting ``system development
and demonstration''.
(c) System Development and Demonstration.--Section 2432 of title
10, United States Code, is amended in subsections (b)(3)(A), (c)(3)(A),
and (h)(1) by striking ``engineering and manufacturing development''
each place it appears and inserting ``system development and
demonstration''.
(d) Section 2434 of title 10, United States Code, is amended in
subsection (a) by striking ``engineering and manufacturing
development'' and inserting ``system development and demonstration''.
(e) System Development and Demonstration and Full Rate
Production.--Section 2435 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``engineering and
manufacturing development'' and inserting ``system development
and demonstration'';
(2) in subsection (c)(1), by striking ``demonstration and
validation'' and inserting ``system development and
demonstration'';
(3) in subsection (c)(2), by striking ``engineering and
manufacturing development'' and inserting ``production and
deployment''; and
(4) in subsection (c)(3), by striking ``production and
deployment'' and inserting ``full rate production''.
(f) Milestone Designators.--Section 8102(b) of Public Law 106-259
is amended--
(1) by striking ``milestone I'' and inserting ``milestone
B'';
(2) by striking ``milestone II'' and inserting ``milestone
C''; and
(3) by striking ``milestone III'' and inserting ``full rate
production''.
(g) Milestone Designators.--Section 81l(c) of Public Law 106-398 is
amended--
(1) by striking ``Milestone I'' and inserting ``Milestone
B'';
(2) by striking ``Milestone II'' and inserting ``Milestone
C''; and
(3) by striking ``Milestone III'' and inserting ``full rate
production''.
SEC. 702. CLARIFICATION OF INAPPLICABILITY OF THE REQUIREMENT FOR CORE
LOGISTICS CAPABILITIES STANDARDS TO THE NUCLEAR REFUELING
OF AN AIRCRAFT CARRIER.
Section 2464(a)(3) of title 10, United States Code, is amended--
(1) by striking ``nuclear aircraft carriers,''; and
(2) by adding at the end the following new sentence: ``Core
logistics capabilities identified under paragraphs (1) and (2)
shall not include nuclear refueling of an aircraft carrier.''.
SEC. 703. DEPOT MAINTENANCE UTILIZATION WAIVER.
Section 2466(c) of title 10, United States Code, is amended by
striking ``the waiver is'' and inserting ``a depot is fully utilized
within existing resources and, where multiple depots are capable of
performing the same maintenance activities that the utilization of
another such depot is uneconomical, or that the waiver is otherwise''.
Subtitle B--Acquisition Workforce
SEC. 705. TENURE REQUIREMENT FOR CRITICAL ACQUISITION POSITIONS.
Section 1734 of title 10, United States Code, is amended--
(1) in paragraph (a)(1), by inserting ``as a program
manager, deputy program manager, or senior contracting official
of a major system, as that term is defined in section 2302(5)
of this title, and any person assigned to such other critical
acquisition position as the Secretary of Defense may prescribe
by regulation,'' after ``critical acquisition position''.
(2) in paragraph (a)(2), by inserting ``as a program
manager, deputy program manager, or senior contracting official
of a major system, as that term is defined in section 2302(5)
of this title, and any person assigned to such other critical
acquisition position as the Secretary of Defense may prescribe
by regulation,'' after ``critical acquisition position''.
Subtitle C--General Contracting Procedures and Limitations
SEC. 710. AMENDMENT OF LAW APPLICABLE TO CONTRACTS FOR ARCHITECTURAL
AND ENGINEERING SERVICES AND CONSTRUCTION DESIGN.
Section 2855 of title 10, United States Code, is amended--
(1) in subsection (a) by striking ``(a)''; and
(2) by striking subsection (b).
SEC. 711. STREAMLINING PROCEDURES FOR THE PURCHASE OF CERTAIN GOODS.
Section 2534(g)(2) of title 10, United States Code, is amended by
inserting before the period at the end: ``unless the head of a
contracting activity determines--
``(A) that the amount of the purchase is $25,000 or
less;
``(B) the precision level of the ball or roller
bearings is rated lower than Annual Bearing Engineering
Committee (ABEC) 5 or Roller Bearing Engineering
Committee (RBEC) 5, or their equivalent;
``(C) at least two manufacturers in the national
technology and industrial base capable of producing the
ball or roller bearings decline to respond to a request
for quotation for the required items; and
``(D) the bearings are neither miniature nor
instrument ball bearings, i.e. rolling contact ball
bearings with a basic outside diameter (exclusive of
flange diameters) of 30 millimeters or less.''.
SEC. 712. REPEAL OF THE REQUIREMENT FOR LIMITATIONS ON THE USE OF AIR
FORCE CIVIL ENGINEERING SUPPLY FUNCTION CONTRACTS.
Section 345 of the National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261, 112 Stat. 1978) is repealed.
SEC. 713. MODIFICATION OF LIMITATION ON RETIREMENT OR DISMANTLEMENT OF
STRATEGIC NUCLEAR DELIVERY SYSTEMS.
Section 1302(a) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1948), as amended by
section 1501 (a) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 806), is further amended by
striking paragraph (1)(D).
Subtitle D--Military Construction General Provisions
SEC. 715. EXCLUSION OF UNFORESEEN ENVIRONMENTAL HAZARD REMEDIATION FROM
THE LIMITATION ON COST INCREASES FOR MILITARY
CONSTRUCTION AND FAMILY HOUSING CONSTRUCTION PROJECTS.
Section 2853(d) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' immediately following ``apply
to''; and
(2) by inserting immediately before the period at the end
``; or (2) the costs associated with environmental hazard
remediation such as asbestos removal, radon abatement, lead-
based paint removal or abatement, and any other legally
required environmental hazard remediation, provided that such
remediation requirements could not be reasonably anticipated at
the time of budget submission''.
SEC. 716. INCREASE OF OVERSEAS MINOR CONSTRUCTION THRESHOLD USING
OPERATIONS AND MAINTENANCE FUNDS.
Section 2805 of title 10, United States Code, amended--
(1) in subsection (b)(1), by striking ``$500,000'' and
inserting ``$750,000'';
(2) in subsection (c)(1)(A), by striking ``$1,000,000'' and
inserting ``$1,500,000''; and
(3) in subsection (c)(1)(B), by striking ``$500,000'' and
inserting ``$750,000''.
SEC. 717. LEASEBACKS OF BASE CLOSURE PROPERTY.
(a) 1990 Law.--Section 2905(b)(4)(E) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note) is amended as follows:
(1) in clause (iii), by striking ``A'' and inserting
``Except as provided in clause (v) below, a''
(2) by adding at the end the following new clause (v):
``(v) Notwithstanding clause (iii) or
chapter 137 of title 10, United States Code,
where the department or agency concerned leases
a substantial portion of the installation, the
department or agency may obtain, at a rate no
higher than that charged to non-Federal
tenants, facility services for the leased
property and common area maintenance from the
redevelopment authority or the redevelopment
authority's assignee as a provision of a lease
under clause (i). Facility services and common
area maintenance shall not include municipal
services that the state or local government is
required by law to provide to all landowners in
its jurisdiction without direct charge, or
firefighting or security-guard functions.''.
(b) 1988 Law.--Section 204(b)(4) of the Defense Authorization
Amendments and Base Closure and Realignment Act of (Public Law 100-526;
10 U.S.C. 2687 note) is amended by adding at the end the following new
subparagraph (J):
``(J)(i) The Secretary may transfer real property
at an installation approved for closure or realignment
under this title (including property at an installation
approved for realignment which will be retained by the
Department of Defense or another Federal agency after
realignment) to the redevelopment authority for the
installation if the redevelopment authority agrees to
lease, directly upon transfer, one or more portions of
the property transferred under this subparagraph to the
Secretary or to the head of another department or
agency of the Federal Government. Subparagraph (B)
shall apply to a transfer under this subparagraph.
``(ii) A lease under clause (i) shall be for a term
of not to exceed 50 years, but may provide for options
for renewal or extension of the term by the department
or agency concerned.
``(iii) Except as provided in clause (v) below, a
lease under clause (i) may not require rental payments
by the United States.
``(iv) A lease under clause (i) shall include a
provision specifying that if the department or agency
concerned ceases requiring the use of the leased
property before the expiration of the term of the
lease, the remainder of the lease term may be satisfied
by the same or another department or agency of the
Federal Government using the property for a use similar
to the use under the lease. Exercise of the authority
provided by this clause shall be made in consultation
with the redevelopment authority concerned.
``(v) Notwithstanding clause (iii) or chapter 137
of title 10, United States Code, where the department
or agency concerned leases a substantial portion of the
installation, the department or agency may obtain, at a
rate no higher than that charged to non-Federal
tenants, facility services for the leased property and
common area maintenance from the redevelopment
authority or the redevelopment authority's assignee as
a provision of a lease under clause (i). Facility
services and common area maintenance shall not include
municipal services that the state or local government
is required by law to provide to all landowners in its
jurisdiction without direct charge, or firefighting or
security-guard functions.''.
SEC. 718. ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF
MILITARY HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2886. Reimbursement of funds related to the execution of
military family housing privatization projects
``The Secretary of Defense may, during the first year of an
initiative under this Subchapter, transfer funds from appropriations
available for the operation and maintenance of family housing to
appropriations available for the pay of military personnel in such
amounts as are necessary to offset additional housing allowance costs
incurred as a result of such initiative.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2885 the following:
``2886. Reimbursement of funds related to the execution of military
family housing privatization projects.''.
SEC. 719. ANNUAL REPORT TO CONGRESS ON DESIGN AND CONSTRUCTION.
(a) In General.--Section 2861 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter III of chapter 169 of such title is amended by striking the
item referring to section 2861.
TITLE VIII--DEPARTMENT OF DEFENSE ORGANIZATION AND POSITIONS
Subtitle A--Department of Defense Organizations and Positions
SEC. 801. ORGANIZATIONAL ALIGNMENT CHANGE FOR DIRECTOR FOR
EXPEDITIONARY WARFARE.
Section 5038(a) of title 10, United States Code, is amended by
striking ``Office of the Deputy Chief of Naval Operations for
Resources, Warfare Requirements, and Assessments'' and inserting
``Office of the Deputy Chief of Naval Operations for Warfare
Requirements and Programs''.
SEC. 802. CHANGE OF NAME FOR AIR MOBILITY COMMAND.
(a) Section 2544(d) of title 10, United States Code, is amended by
striking ``Military Airlift Command'' and inserting ``Air Mobility
Command''.
(b) Section 2545(a) of such title is amended by striking ``Military
Airlift Command'' and inserting ``Air Mobility Command''.
(c) Section 8074 of such title is amended by striking subsection
(c).
(d) Section 430(c) of title 37, United States Code, is amended by
striking ``Military Airlift Command'' and inserting ``Air Mobility
Command''.
(e) Section 432(b) of such title is amended by striking ``Military
Airlift Command'' and inserting ``Air Mobility Command''.
SEC. 803. TRANSFER OF INTELLIGENCE POSITIONS IN SUPPORT OF THE NATIONAL
IMAGERY AND MAPPING AGENCY.
Section 1606 of title 10, United States Code, is amended by
striking ``517'' and inserting ``544''.
Subtitle B--Reports
SEC. 811. AMENDMENT TO NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT:
ANNUAL REPORT TO CONGRESS.
Section 10541 of title 10, United States Code, is amended to read
as follows:
``(a) The Secretary of Defense shall submit to the Congress each
year, not later than March 1, a written report concerning the equipment
of the National Guard and the Reserve components of the armed forces,
to include the U.S. Coast Guard Reserve. This report shall cover the
current fiscal year and three succeeding years. The focus should be on
major items of equipment which address large dollar-value requirements,
critical Reserve component shortages and major procurement items.
Specific major items of equipment shall include ships, aircraft, combat
vehicles and key combat support equipment.
``(b) Each annual report under this section should include the
following:
``(1) Major items of equipment required and on-hand in the
inventories of each Reserve component.
``(2) Major items of equipment which are expected to be
procured from commercial sources or transferred from the Active
component to the Reserve components of each Service.
``(3) Major items of equipment in the inventories of each
Reserve component which are substitutes for a required major
item of equipment.
``(4) A narrative explanation of the plan of the Secretary
concerned to equip each Reserve component, including an
explanation of the plan to equip units of the Reserve
components that are short major items of equipment at the
outset of war or a contingency operation.
``(5) A narrative discussing the current status of the
compatibility and interoperability of equipment between the
Reserve components and the active forces, the effect of that
level of compatibility or interoperability on combat
effectiveness, and a plan to achieve full equipment
compatibility and interoperability.
``(6) A narrative discussing modernization shortfalls and
maintenance backlogs within the Reserve components and the
effect of those shortfalls on combat effectiveness.
``(7) A narrative discussing the overall age and condition
of equipment currently in the inventory of each Reserve
component.
``(c) Each report under this section shall be expressed in the same
format and with the same level of detail as the information presented
in the Future Years Defense Program Procurement Annex prepared by the
Department of Defense.''.
SEC. 812. ELIMINATION OF TRIENNIAL REPORT ON THE ROLES AND MISSIONS OF
THE ARMED FORCES.
(a) Repeal of Requirement for Report on Assignment of Roles and
Missions.--Section 153 of title 10, United States Code, is amended--
(1) in subsection (a), by striking the catchline and
section designator ``(a) Planning; Advice; Policy
Formulation.--''; and
(2) by striking subsection (b).
(b) Roles and Missions as Part of Defense Quadrennial Review.--
Subsection 118(e) of such title is amended by inserting after the first
sentence the following two new sentences: ``The Chairman shall also
include his assessment of the assignment of functions (or roles and
missions) to the Armed Forces and recommendations for change the
Chairman considers necessary to achieve the maximum efficiency of the
Armed Forces. This roles and missions assessment should consider the
unnecessary duplication of effort among the armed forces and changes in
technology that can be applied effectively to warfare.''.
SEC. 813. CHANGE IN DUE DATE OF COMMERCIAL ACTIVITIES REPORT.
Section 2461(g) of title 10, United States Code, is amended by
striking ``February 1'' and inserting ``June 30''.
Subtitle C--Other Matters
SEC. 821. DOCUMENTS, HISTORICAL ARTIFACTS, AND OBSOLETE OR SURPLUS
MATERIEL: LOAN, DONATION, OR EXCHANGE.
(a) In General.--Section 2572 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``subsection (c)'' and
inserting ``subsection (c)(1)'';
(2) in subsection (b), by striking ``subsection (c)'' and
inserting ``subsection (c)(2)''; and
(3) in subsection (c)--
(A) by striking ``(c) This section'' and inserting
``(c)(1) Subsection (a)''; and
(B) by adding at the end the following new
paragraph:
``(2) Subsection (b) applies to the following types of
property held by a military department or the Coast Guard:
books, manuscripts, works of art, historical artifacts,
drawings, plans, models, and obsolete or surplus materiel.''.
(b) Conforming Amendment.--The heading of such section is amended
by striking ``condemned or obsolete combat'' and inserting ``obsolete
or surplus''.
SEC. 822. CHARTER AIR TRANSPORTATION OF MEMBERS OF THE ARMED FORCES.
Section 2640 of title 10, United States Code, is amended--
(1) in subsection (a)(1)(A), by striking ``an'' after
``contract with'' and inserting ``a domestic or foreign'';
(2) in subsection (b)(5), by striking ``check-rides'' and
inserting ``cockpit safety observations'';
(3) in subsection (e), by striking ``Military Airlift
Command'' and inserting ``Air Mobility Command'';
(4) in subsection (g), by striking ``in an emergency''; and
(5) in subsection (j)(1), by striking ``air carrier,''
TITLE IX--GENERAL PROVISIONS
Subtitle A--Matters Relating to Other Nations
SEC. 901. RECOGNITION OF ASSISTANCE FROM FOREIGN NATIONALS.
(a) In General.--Chapter 57 of title 10, United States Code, is
amended by inserting after section 1133 the following:
``Sec. 1134. Recognition of assistance from foreign nationals
``The Secretary of Defense may issue regulations, with the
concurrence of the Secretary of State, authorizing members of the armed
forces or civilian officers or employees of the Department of Defense
to present to foreign nationals plaques, trophies, non-currency coins,
certificates, and other suitable commemorative items or mementos to
recognize achievements or performance, not involving combat, that
assists the armed forces of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1133 the following new item:
``1134. Recognition of assistance from foreign nationals.''.
Subtitle B--Department of Defense Civilian Personnel
SEC. 911. AUTHORITY FOR DESIGNATED CIVILIAN EMPLOYEES ABROAD TO ACT AS
A NOTARY.
(a) Clarification of Status of Civilian Attorneys Acting as a
Notary.--Section 1044a(b)(2) of title 10, United States Code, is
amended by striking ``legal assistance officers'' and inserting ``legal
assistance attorneys''.
(b) Authority for Designated Civilian Employees Abroad To Act as a
Notary.--Subsection (b)(4) of such section 1044a is amended by
inserting ``and, when outside the United States, all civilian employees
of the armed forces of suitable training,'' after ``duty status''.
SEC. 912. INAPPLICABILITY OF REQUIREMENT FOR STUDIES AND REPORTS WHEN
ALL DIRECTLY AFFECTED DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES ARE REASSIGNED TO COMPARABLE FEDERAL POSITIONS.
Section 2461 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(i) Inapplicability When All Directly Affected Department of
Defense Civilian Employees Are Reassigned to Comparable Federal
Positions.--The provisions of this section shall not apply when all
directly affected Department of Defense civilian employees serving on
permanent appointments are reassigned to comparable Federal positions
for which they are qualified.''.
SEC. 913. PILOT PROGRAM FOR PAYMENT OF RETRAINING EXPENSES.
(a) In General.--Chapter 141 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2410o. Pilot program for payment of retraining expenses
``(a) Authority.--The Secretary of Defense may establish a pilot
program for the payment of retraining expenses in accordance with this
section to facilitate the reemployment of eligible employees of the
Department of Defense who are being involuntarily separated due to a
reduction-in-force or due to relocation resulting from transfer of
function, realignment, or change of duty station. Under the pilot
program, the Secretary may pay retraining incentives to encourage non-
Federal employers to hire and retain such employees.
``(b) Eligible Employees.--For purposes of this section, an
eligible employee is an employee of the Department of Defense, serving
under an appointment without time limitation, who has been employed by
the Department of Defense for a continuous period of at least 12 months
and who has been given notice of separation pursuant to a reduction in
force, except that such term does not include--
``(1) a re-employed annuitant under subchapter III of
chapter 83 of title 5, chapter 84 of such title, or another
retirement system for employees of the Government;
``(2) an employee who, upon separation from Federal
service, is eligible for an immediate annuity under subchapter
III of chapter 83 of title 5 or subchapter II of chapter 84 of
such title; or
``(3) an employee who is eligible for disability retirement
under any of the retirement systems referred to in paragraph
(1).
``(c) Retraining Incentive.--(1) Under the pilot program, the
Secretary may enter into an agreement with a non-Federal employer under
which the non-Federal employer agrees--
``(A) to employ an eligible person referred to in
subsection (a) for at least 12 months for a salary that is
mutually agreeable to the employer and such person; and
``(B) to certify to the Secretary the cost incurred by the
employer for any necessary training, as defined by the
Secretary, provided to such eligible employee in connection
with the employment by that employer.
``(2) The Secretary may pay a retraining incentive to the non-
Federal employer upon the employee's completion of 12 months of
continuous employment with that employer. Subject to this section, the
Secretary shall prescribe the amount of the incentive.
``(3) The Secretary may pay a prorated amount of the full
retraining incentive to the non-Federal employer for an employee who
does not remain employed by the non-Federal employer for at least 12
months.
``(4) In no event may the amount of retraining incentive paid for
the training of any one person under the pilot program exceed the
amount certified for that person under paragraph (1) or $10,000,
whichever is greater.
``(d) Duration.--No incentive may be paid under the pilot program
for training commenced after September 30, 2005.
``(e) Definitions.--In this section:
``(1) The term `non-Federal employer' means an employer
that is not an Executive agency, as defined in section 105 of
title 5, or the legislative or judicial branch of the Federal
Government.
``(2) The terms `reduction-in-force' and `transfer of
function' shall have the same meaning as in chapter 35 of title
5.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2410o. Pilot program for payment of retraining expenses.''.
Subtitle C--Other Matters
SEC. 921. AUTHORITY TO ENSURE DEMILITARIZATION OF SIGNIFICANT MILITARY
EQUIPMENT FORMERLY OWNED BY THE DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 153 of title 10, United States Code, is
amended by inserting after section 2572 the following new section:
``Sec. 2573. Continued authority to require demilitarization of
significant military equipment after disposal
``(a) Authority To Require Demilitarization.--The Secretary of
Defense may require any person in possession of significant military
equipment formerly owned by the Department of Defense--
``(1) to demilitarize the equipment:
``(2) to have the equipment demilitarized by a third party;
or
``(3) to return the equipment to the Government for
demilitarization.
``(b) Cost and Validation of Demilitarization.--When the
demilitarization of significant military equipment is carried out by
the person in possession of the equipment pursuant to paragraph (1) or
(2) of subsection (a), the person shall be solely responsible for all
demilitarization costs, and the United States shall have the right to
validate that the equipment has been demilitarized.
``(c) Return of Equipment to Government.--When the Secretary of
Defense requires the return of significant military equipment for
demilitarization by the Government, the Secretary shall bear all costs
to transport and demilitarize the equipment. If the person in
possession of the significant military equipment obtained the property
in the manner authorized by law or regulation and the Secretary
determines that the cost to demilitarize and return the property to the
person is prohibitive, the Secretary shall reimburse the person for the
purchase cost of the property and for the reasonable transportation
costs incurred by the person to purchase the equipment.
``(d) Establishment of Demilitarization Standards.--The Secretary
shall issue regulations to prescribe what constitutes demilitarization
for each type of significant military equipment, with the objective of
ensuring that the equipment does not pose a significant risk to public
safety and does not provide a significant weapon capability or
military-unique capability and ensure that any person from whom private
property is taken for public use under this section receives just
compensation.
``(e) Exceptions.--This section does not apply--
``(1) when a person is in possession of significant
military equipment formerly owned by the Department of Defense
for the purpose of demilitarizing the equipment pursuant to a
Government contract.
``(2) to small arms weapons issued under the Defense
Civilian Marksmanship Program established in Title 36, United
States Code.
``(3) to issues by the Department of Defense to museums
where modified demilitarization has been performed in
accordance with the Department of Defense Demilitarization
Manual, DoD 4160.21-M-1; or
``(4) to other issues and undemilitarized significant
military equipment under the provisions of the provisions of
the Department of Defense Demilitarization Manual, DoD 4160.21-
M-1.
``(f) Definition of Significant Military Equipment.--In this
section, the term `significant military equipment' means--
``(1) an article for which special export controls are
warranted under the Arms Export Control Act (22 U.S.C. 2751 et
seq.) because of its capacity for substantial military utility
or capability, as identified on the United States Munitions
List maintained under section 121.1 of title 22, Code of
Federal Regulations; and
(2) any other article designated by the Department of
Defense as requiring demilitarization before its disposal.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2572 the following new item:
``2573. Continued authority to require demilitarization of significant
military equipment after disposal.''.
SEC. 922. DEPARTMENT OF DEFENSE GIFT INITIATIVES.
(a) Loan or Gift of Obsolete Material and Articles of Historical
Interest.--Section 7545 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting the following catchline after the
subsection designator: ``Additional Items To Be Donated
by the Secretary of the Navy.--'';
(B) by striking ``books, manuscripts, works of art,
drawings,'' and all that follows to the dash and
inserting ``obsolete combat or shipboard material not
needed by the Department of the Navy, to'';
(C) in paragraph (5), by striking ``World War I or
World War II'' and inserting ``a foreign war'';
(D) in paragraph (6), by striking ``soldiers'' and
inserting ``servicemen's''; and
(E) in paragraph (8), by inserting ``or memorial''
after ``a museum''; and
(2) in subsection (b), by inserting the following catchline
after the subsection designator: ``Maintenance of the Records
of the Government.--'';
(3) in subsection (c), by inserting the following catchline
after the subsection designator: ``Secretarial Authority To
Make Gifts or Loans.--''; and
(4) by adding at the end the following new subsection:
``(d) Authority To Transfer a Portion of a Vessel.--The Secretary
may lend, give or otherwise transfer any portion of the hull or
superstructure of a vessel stricken from the Naval Vessel Register and
designated for scrapping to a qualified organization listed under
subsection (a). The terms and conditions of any agreement for the
transfer of a portion of a vessel under this section shall include a
requirement that the transferee will maintain the material conveyed in
a condition that will not diminish the historical value of the material
or bring discredit upon the Navy.''.
(b) Loan, Gift, or Exchange of Documents, Historical Artifacts, and
Condemned or Obsolete, Combat Material.--Section 2572(a)(1) of such
title 10 is amended by striking the period after ``A municipal
corporation'' and inserting county or other political subdivision of a
state.''.
SEC. 923. REPEAL OF THE JOINT REQUIREMENTS OVERSIGHT COUNCIL SEMI-
ANNUAL REPORT.
Section 916 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (Public Law 106-398; 114 Stat. 1654) is
repealed.
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