HR 2586 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. 2. Table of contents.
TITLE I--PROCUREMENT
Sec. 102. Navy and Marine Corps.
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:
(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:
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*,**,***
-----------------------------------------------------------------------------------------------------------------------------------------
Pay grade Years of service (computed under 37 U.S.C. 205)
<2 2 3 4 6 8 10
-----------------------------------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------------
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
(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--
(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--
`(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
(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--
(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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