[House Report 108-491]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-491
HOUSE OF REPRESENTATIVES
2d Session Part 2
======================================================================
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005
_______
May 20, 2004.--Ordered to be printed
_______
Mr. Hunter, from the Committee on Armed Services, submitted the
following
SUPPLEMENTAL REPORT
[To accompany H.R. 4200]
The supplemental report shows changes in existing law made
by the bill (H.R. 4200), as reported. The material contained in
this supplemental report was omitted in the report submitted on
May 14, 2004 (H. Rept. 108-491).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
* * * * * * *
Subtitle B--Army Programs
* * * * * * *
[SEC. 126. PILOT PROGRAM FOR FLEXIBLE FUNDING OF CRUISER CONVERSIONS
AND OVERHAULS.
[(a) Establishment.--The Secretary of the Navy may carry
out a pilot program of flexible funding of conversions and
overhauls of cruisers of the Navy in accordance with this
section.
[(b) Authority.--Under the pilot program, the Secretary
may, subject to subsection (d), transfer amounts described in
subsection (c) to the appropriation for the Navy for
procurement for shipbuilding and conversion for any fiscal year
to continue to provide funds for any conversion or overhaul of
a cruiser of the Navy for which funds were initially provided
from the appropriation to which transferred.
[(c) Funds Available for Transfer.--The amounts available
for transfer under this section are amounts appropriated to the
Navy for any fiscal year after fiscal year 2003 and before
fiscal year 2013 for the following purposes:
[(1) For procurement, as follows:
[(A) For shipbuilding and conversion.
[(B) For weapons procurement.
[(C) For other procurement.
[(2) For operation and maintenance.
[(d) Limitations.--(1) A transfer may be made with respect
to a cruiser under this section only to meet either (or both)
of the following requirements:
[(A) An increase in the size of the workload for
conversion or overhaul to meet existing requirements
for the cruiser.
[(B) A new conversion or overhaul requirement
resulting from a revision of the original baseline
conversion or overhaul program for the cruiser.
[(2) A transfer may not be made under this section before
the date that is 30 days after the date on which the Secretary
of the Navy transmits to the congressional defense committees a
written notification of the intended transfer. The notification
shall include the following matters:
[(A) The purpose of the transfer.
[(B) The amounts to be transferred.
[(C) Each account from which the funds are to be
transferred.
[(D) Each program, project, or activity from which
the funds are to be transferred.
[(E) Each account to which the funds are to be
transferred.
[(F) A discussion of the implications of the
transfer for the total cost of the cruiser conversion
or overhaul program for which the transfer is to be
made.
[(e) Merger of Funds.--Amounts transferred to an
appropriation with respect to the conversion or overhaul of a
cruiser under this section shall be credited to and merged with
other funds in the appropriation to which transferred and shall
be available for the conversion or overhaul of such cruiser for
the same period as the appropriation to which transferred.
[(f) Relationship to Other Transfer Authority.--The
authority to transfer funds under this section is in addition
to any other authority provided by law to transfer appropriated
funds and is not subject to any restriction, limitation, or
procedure that is applicable to the exercise of any such other
authority.
[(g) Final Report.--Not later than October 1, 2011, the
Secretary of the Navy shall submit to the congressional defense
committees a report containing the Secretary's evaluation of
the efficacy of the authority provided under this section.
[(h) Termination of Program.--No transfer may be made under
this section after September 30, 2012.]
* * * * * * *
Subtitle D--Air Force Programs
* * * * * * *
SEC. 134. AIRCRAFT FOR PERFORMANCE OF AERIAL REFUELING MISSION.
(a) * * *
* * * * * * *
(c) Interpretation.--Nothing in subsection (b) or section
1111 of the Emergency Supplemental Appropriations Act for
Defense and for the Reconstruction of Iraq and Afghanistan,
2004 (Public Law 108-106; 117 Stat. 1215) is intended to
prohibit the Secretary of the Air Force from executing the
program described in section 135(a) of this Act and section 116
of the National Defense Authorization Act for Fiscal Year 2005.
SEC. 135. PROCUREMENT OF TANKER AIRCRAFT.
(a) * * *
[(b) Multiyear Procurement Authority.--(1) Beginning with
the fiscal year 2004 program year, the Secretary of the Air
Force may, in accordance with section 2306b of title 10, United
States Code, enter into a multiyear contract for the purchase
of tanker aircraft necessary to meet the requirements of the
Air Force for which leasing of tanker aircraft is provided for
under the multiyear aircraft lease pilot program but for which
the number of tanker aircraft leased under the authority of
subsection (a) is insufficient.
[(2) The total number of tanker aircraft purchased through
a multiyear contract under this subsection may not exceed 80.
[(3) Notwithstanding subsection (k) of section 2306b of
title 10, United States Code, a contract under this subsection
may be for any period not in excess of 10 program years.
[(4) A multiyear contract under this subsection may be
initiated or continued for any fiscal year for which sufficient
funds are available to pay the costs of such contract for that
fiscal year, without regard to whether funds are available to
pay the costs of such contract for any subsequent fiscal year.
Such contract shall provide, however, that performance under
the contract during the subsequent year or years of the
contract is contingent upon the appropriation of funds and
shall also provide for a cancellation payment to be made to the
contractor if such appropriations are not made.]
* * * * * * *
TITLE VIII--AQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
* * * * * * *
Subtitle C--Defense Acquisition and Support Workforce Flexibility
* * * * * * *
SEC. 832. ELIMINATION OF ROLE OF OFFICE OF PERSONNEL MANAGEMENT.
(a) Workforce Qualification Requirements and
Examinations.--Section 1725 of [such title] title 10, United
States Code, is repealed.
* * * * * * *
SEC. 834. CONSOLIDATION OF CERTAIN EDUCATION AND TRAINING PROGRAM
REQUIREMENTS.
(a) Consolidation of Authority.--Section 1742 of [such
title] title 10, United States Code, is amended to read as
follows:
* * * * * * *
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
* * * * * * *
Subtitle D--Other Matters
SEC. 931. AUTHORITY FOR ASIA-PACIFIC CENTER FOR SECURITY STUDIES TO
ACCEPT GIFTS AND DONATIONS.
(a) Authorized Sources of Gifts and Donations.--Subsection
(a) of section 2611 of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``foreign gifts
[and donations] or donations'' and inserting ``gifts
and donations from sources described in paragraph
(2)'';
* * * * * * *
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2004''.
TITLE XXI--ARMY
* * * * * * *
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Alabama.................................... Redstone Arsenal................. $5,500,000
Alaska..................................... Fort Richardson.................. $2,500,000
Fort Wainwright.................. $138,800,000
Colorado................................... Fort Carson...................... $2,150,000
Georgia.................................... Fort Benning..................... $34,500,000
Fort Gordon...................... $4,350,000
Fort Stewart/Hunter Army Air [$113,500,000] $114,450,000
Field...........................
Hawaii..................................... Helemano Military Reservation.... $1,400,000
Schofield Barracks............... $128,100,000
Kansas..................................... Fort Leavenworth................. $115,000,000
Fort Riley....................... $40,000,000
Kentucky................................... Fort Knox........................ $13,500,000
Louisiana.................................. Fort Polk........................ $72,000,000
Maryland................................... Fort Meade....................... $9,600,000
Massachusetts.............................. Soldier Systems Center, Natick... $5,500,000
New Jersey................................. Naval Air Engineering Center, $2,250,000
Lakehurst.......................
Picatinny Arsenal................ $8,000,000
New York................................... Fort Drum........................ [$130,700,000] $135,700,000
North Carolina............................. Fort Bragg....................... $125,400,000
Oklahoma................................... Fort Sill........................ $5,500,000
Texas...................................... Fort Bliss....................... $5,400,000
Fort Hood........................ $49,800,000
Virginia................................... Fort Belvoir..................... $7,000,000
Fort Lee......................... $3,850,000
Fort Myer........................ $9,000,000
Washington................................. Fort Lewis....................... $3,900,000
---------------------------------
Total........................ [$1,037,200,000] $1,043,150,000
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* * * * * * *
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) * * *
* * * * * * *
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2101 of this Act may not exceed the sum of the
following:
(1) * * *
(2) [$32,000,000] $32,950,000 (the balance of the
amount authorized under section 2101(a) for
construction of a barracks, Fort Stewart/Hunter Army
Airfield, Georgia).
* * * * * * *
(4) [$43,000,000] $48,000,000 (the balance of the
amount authorized under section 2101(a) for
construction of a barracks complex, Wheeler Army
Airfield, Fort Drum, New York).
* * * * * * *
TITLE XXII--NAVY
* * * * * * *
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) * * *
* * * * * * *
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2201 of this Act may not exceed the sum of the
following:
(1) * * *
(2) $25,690,000 (the balance of the amount
authorized under [section 2101(a)] section 2201(a) for
construction of a tertiary sewage treatment facility,
Marine Corp Base, Camp Pendleton, California).
(3) $58,190,000 (the balance of the amount
authorized under [section 2101(a)] section 2201(a) for
construction of a battle station training facility,
Naval Training Center, Great Lakes, Illinois).
(4) $96,980,000 (the balance of the amount
authorized under [section 2101(a)] section 2201(a) for
construction of a general purpose berthing pier, Naval
Weapons Station Earle, New Jersey).
(5) $118,170,000 (the balance of the amount
authorized under [section 2101(a)] section 2201(a) for
construction of the Pier 11 replacement, Naval Station,
Norfolk, Virginia).
(6) $28,750,000 (the balance of the amount
authorized under [section 2101(a)] section 2201(a) for
construction of outlying landing field facilities,
various locations in the continental United States).
* * * * * * *
TITLE XXVIII--GENERAL PROVISIONS
* * * * * * *
Subtitle A--Military Construction Program and Military Family Housing
Changes
* * * * * * *
SEC. 2808. TEMPORARY, LIMITED AUTHORITY TO USE OPERATION AND
MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE
THE UNITED STATES.
(a) Temporary Authority.--During [fiscal year 2004] fiscal
years 2004 and 2005, the Secretary of Defense may use this
section as authority to obligate appropriated funds available
for operation and maintenance to carry out a construction
project outside the United States that the Secretary determines
meets each of the following conditions:
(1) * * *
* * * * * * *
(c) Limitation on Use of Authority.--(1) The total cost of
the construction projects carried out under the authority of
this section using, in whole or in part, appropriated funds
available for operation and maintenance shall not exceed
$200,000,000 [in fiscal year 2004] in a fiscal year.
* * * * * * *
(d) Quarterly Report.--Not later than 30 days after the end
of each fiscal-year quarter of [fiscal year 2004] fiscal years
2004 and 2005, the Secretary of Defense shall submit to the
congressional committees specified in subsection (f) a report
on the worldwide obligation and expenditure during that quarter
of appropriated funds available for operation and maintenance
for construction projects.
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle B--Program Authorizations, Restrictions, and Limitations
* * * * * * *
SEC. 3114. TECHNICAL BASE AND FACILITIES MAINTENANCE AND
RECAPITALIZATION ACTIVITIES.
(a) Deadline for Inclusion of Projects in Facilities and
Infrastructure Recapitalization Program.--(1) The Administrator
for Nuclear Security shall complete the selection of a base-
line of projects for inclusion in the Facilities and
Infrastructure Recapitalization Program of the National Nuclear
Security Administration not later than December 31, 2004.
[(2) No project may be included in the Facilities and
Infrastructure Recapitalization Program after December 31,
2004, unless such project has been selected for inclusion in
that program as of that date.]
(2)(A) After December 31, 2004, a project may be
added to or removed from the Facilities and
Infrastructure Recapitalization Program only after the
Administrator submits to the congressional defense
committees a notice that the Administrator has
identified such project for addition or removal and has
approved such addition or removal as a modification to
the baseline for that program.
(B) The Administrator may not obligate funds for
any project added under subparagraph (A) until a period
of 60 days has elapsed after the date on which such
committees receive the notice under subparagraph (A)
with respect to that project.
(C) The authority of the Administrator to identify
and approve under subparagraph (A) may not be
delegated.
* * * * * * *
----------
TITLE 10--ARMED FORCES
Subtitle A--General Military Law
PART I--ORGANIZATION AND GENERAL MILITARY POWERS
* * * * * * *
Chap. Sec.
Definitions....................................................101
* * * * * * *
Miscellaneous Studies and Reports........................[481] 480
* * * * * * *
PART III--TRAINING AND EDUCATION
Training Generally............................................2001
* * * * * * *
Educational Assistance for Persons Enlisting for Active Duty.2141]
Educational Assistance for Persons Enlisting for Active Duty.2141
2151Professional Military Education...................................
* * * * * * *
CHAPTER 1--DEFINITIONS
* * * * * * *
Sec. 101. Definitions
(a) * * *
* * * * * * *
(e) Facilities and Operations.--The following definitions
relating to facilities and operations apply in this title:
(1) * * *
* * * * * * *
(3) Operational range.--The term ``operational
range'' means a range that is under the jurisdiction,
custody, or control of the [Secretary of Defense]
Secretary of a military department and--
(A) * * *
* * * * * * *
CHAPTER 2--DEPARTMENT OF DEFENSE
Sec.
111. Executive department.
* * * * * * *
113a. Transmission of annual defense authorization request.
113b. Response to congressional inquiries.
* * * * * * *
Sec. 113b. Response to congressional inquiries
Whenever the Secretary of Defense or any other official of
the Department of Defense is requested by the chairman of the
Committee on Armed Services of the Senate or the chairman of
the Committee on Armed Services of the House of Representatives
to respond to a question or inquiry submitted by the chairman
or another member of that committee pursuant to a committee
hearing or other activity, the Secretary (or other official)
shall respond to the request, in writing, within 21 days of the
date on which the request is transmitted to the Secretary (or
other official).
* * * * * * *
Sec. 115. Personnel strengths: requirement for annual authorization
(a) Active-Duty and Selected Reserve End Strengths To Be
Authorized by Law.--Congress shall authorize personnel strength
levels for each fiscal year for each of the following:
(1) The end strength for each of the armed forces
(other than the Coast Guard) for (A) active-duty
personnel unless on active duty pursuant to subsection
(b) who are to be paid from funds appropriated for
active-duty personnel, and (B) active-duty personnel
and full-time National Guard duty personnel who are to
be paid from funds appropriated for reserve personnel
unless on active duty or full-time National Guard duty
pursuant to subsection (b).
(b) Certain Reserves on Active Duty To Be Authorized by
Law.--(1) Congress shall annually authorize the maximum number
of members of a reserve component permitted to be on active
duty or full-time National Guard duty at any given time who are
called or ordered to--
(A) active duty under section 12301(d) of this
title for the purpose of providing operational support,
as prescribed in regulation issued by the Secretary of
Defense;
(B) full-time National Guard duty under section
502(f)(2) of title 32 for the purpose of providing
operational support when authorized by the Secretary of
Defense;
(C) active duty under section 12301(d) of this
title or full-time National Guard duty under section
502(f) of title 32 for the purpose of preparing for and
performing funeral honors functions for funerals of
veterans under section 1491 of this title;
(D) active duty or retained on active duty under
sections 12301(g) of this title while in a captive
status; or
(E) active duty or retained on active duty under
12301(h) or 12322 of this title for the purpose of
medical evaluation or treatment.
(2) A member of a reserve component who exceeds either of
the following limits shall be included in the strength
authorized under subparagraph (A) or subparagraph (B), as
appropriate, of subsection (a)(1):
(A) A call or order to active duty or full-time
National Guard duty that specifies a period greater
than three years.
(B) The cumulative periods of active duty and full-
time National Guard duty performed by the member exceed
1095 days in the previous 1460 days.
(3) In determining the period of active service under
paragraph (2), the following periods of active service
performed by a member shall not be included:
(A) All periods of active duty performed by a
member who has not previously served in the Selected
Reserve of the Ready Reserve.
(B) All periods of active duty or full-time
National Guard duty for which the member is exempt from
strength accounting under paragraphs (1) through (7) of
subsection (i).
[(b)] (c) Limitation on Appropriations for Military
Personnel.--No funds may be appropriated for any fiscal year to
or for--
(1) the use of active-duty personnel or full-time
National Guard duty personnel of any of the armed
forces (other than the Coast Guard) unless the end
strength for such personnel of that armed force for
that fiscal year has been authorized by law; [or]
(2) the use of the Selected Reserve of any reserve
component of the armed forces unless the end strength
for the Selected Reserve of that component for that
fiscal year has been authorized by law[.]; or
(3) the use of reserve component personnel to
perform active duty or full-time National Guard duty
under subsection (b) unless the strength for such
personnel for that reserve component for that fiscal
year has been authorized by law.
[(c)] (d) Military Technician (Dual Status) End Strengths
To Be Authorized by Law.--Congress shall authorize for each
fiscal year the end strength for military technicians (dual
status) for each reserve component of the Army and Air Force.
Funds available to the Department of Defense for any fiscal
year may not be used for the pay of a military technician (dual
status) during that fiscal year unless the technician fills a
position that is within the number of such positions authorized
by law for that fiscal year for the reserve component of that
technician. This subsection applies without regard to section
129 of this title. In each budget submitted by the President to
Congress under section 1105 of title 31, the end strength
requested for military technicians (dual status) for each
reserve component of the Army and Air Force shall be
specifically set forth.
[(d)] (e) End-of-Quarter Strength Levels.--(1) The
Secretary of Defense shall prescribe and include in the budget
justification documents submitted to Congress in support of the
President's budget for the Department of Defense for any fiscal
year the Secretary's proposed end-of-quarter strengths for each
of the first three quarters of the fiscal year for which the
budget is submitted, in addition to the Secretary's proposed
fiscal-year end-strengths for that fiscal year. Such end-of-
quarter strengths shall be submitted for each category of
personnel for which end strengths are required to be authorized
by law under [subsection (a) or (c)] subsection (a) or (d). The
Secretary shall ensure that resources are provided in the
budget at a level sufficient to support the end-of-quarter and
fiscal-year end-strengths as submitted.
(2)(A) After annual end-strength levels required by
[subsections (a) and (c)] subsections (a) and (d) are
authorized by law for a fiscal year, the Secretary of Defense
shall promptly prescribe end-of-quarter strength levels for the
first three quarters of that fiscal year applicable to each
such end-strength level. Such end-of-quarter strength levels
shall be established for any fiscal year as levels to be
achieved in meeting each of those annual end-strength levels
authorized by law in accordance with subsection (a) (as such
levels may be adjusted [pursuant to subsection (e)) and
subsection (c)] pursuant to subsection (f)) and subsection (d).
(B) At least annually, the Secretary of Defense shall
establish for each of the armed forces (other than the Coast
Guard) the maximum permissible variance of actual strength for
an armed force at the end of any given quarter from the end-of-
quarter strength established pursuant to subparagraph (A). Such
variance shall be such that it promotes the maintaining of the
strength necessary to achieve the end-strength levels
authorized in accordance with subsection (a) (as adjusted
[pursuant to subsection (e)) and subsection (c)] pursuant to
subsection (f)) and subsection (d).
* * * * * * *
[(e)] (f) Authority for Secretary of Defense Variances for
Active-Duty and Selected Reserve [End] Strengths.--Upon
determination by the Secretary of Defense that such action is
in the national interest, the Secretary may--
(1) * * *
(2) increase the end strength authorized pursuant
to subsection (a)(1)(B) for a fiscal year for any of
the armed forces by a number equal to not more than 2
percent of that end strength; [and]
(3) vary the end strength authorized pursuant to
subsection (a)(2) for a fiscal year for the Selected
Reserve of any of the reserve components by a number
equal to not more than 2 percent of that end
strength[.]; and
(4) increase the maximum strength authorized pursuant to
subsection (b)(1) for a fiscal year for certain reserves on
active duty for any of the reserve components by a number equal
to not more than 10 percent of that strength.
[(f)] (g) Authority for Service Secretary Variances for
Active-Duty End Strengths.--Upon determination by the Secretary
of a military department that such action would enhance manning
and readiness in essential units or in critical specialties or
ratings, the Secretary may increase the end strength authorized
pursuant to subsection (a)(1)(A) for a fiscal year for the
armed force under the jurisdiction of that Secretary or, in the
case of the Secretary of the Navy, for any of the armed forces
under the jurisdiction of that Secretary. Any such increase for
a fiscal year--
(1) * * *
(2) shall be counted as part of the increase for
that armed force for that fiscal year authorized under
[subsection (e)(1)] subsection (f)(1).
[(g)] (h) Adjustment When Coast Guard is Operating as a
Service in the Navy.--The authorized strength of the Navy under
subsection (a)(1) is increased by the authorized strength of
the Coast Guard during any period when the Coast Guard is
operating as a service in the Navy.
[(h) Certain Active-Duty Personnel Excluded From Counting
for Active-Duty End Strengths.--In counting active-duty
personnel for the purpose of the end-strengths authorized
pursuant to subsection (a)(1), persons in the following
categories shall be excluded:
[(1) Members of the Ready Reserve ordered to active
duty under section 12302 of this title.
[(2) Members of the Selected Reserve of the Ready
Reserve ordered to active duty under section 12304 of
this title.
[(3) Members of the National Guard called into
Federal service under section 12406 of this title.
[(4) Members of the militia called into Federal
service under chapter 15 of this title.
[(5) Members of reserve components on active duty
for training.
[(6) Members of reserve components on active duty
for 180 days or less to perform special work.
[(7) Members on full-time National Guard duty for
180 days or less.
[(8) Members of the Selected Reserve of the Ready
Reserve on active duty for more that 180 days to
support programs described in section 1203(b) of the
Cooperative Threat Reduction Act of 1993 (title XII of
Public Law 103-160; 22 U.S.C. 5952(b)).
[(9) Members of reserve components (not described
in paragraph (8)) on active duty for more than 180 days
but less than 271 days to perform special work in
support of the combatant commands, except that--
[(A) general and flag officers may not be
excluded under this paragraph; and
[(B) the number of members of any of the
armed forces excluded under this paragraph may
not exceed the number equal to 0.2 percent of
the end strength authorized for active-duty
personnel of that armed force under subsection
(a)(1)(A).
[(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 perform funeral honors functions for
funerals of veterans in accordance with section 1491 of
this title.]
(i) Certain Personnel Excluded From Counting for Active-
Duty End Strengths.--In counting personnel for the purpose of
the end strengths authorized pursuant to subsection (a)(1),
persons in the following categories shall be excluded:
(1) Members of a reserve component ordered to
active duty under section 12301(a) of this title.
(2) Members of a reserve component in an active
status ordered to active duty under section 12301(b) of
this title.
(3) Members of the Ready Reserve ordered to active
duty under section 12302 of this title.
(4) Members of the Selected Reserve of the Ready
Reserve or members of the Individual Ready Reserve
mobilization category described in section 10144(b) of
this title ordered to active duty under section 12304
of this title.
(5) Members of the National Guard called into
Federal service under section 12406 of this title.
(6) Members of the militia called into Federal
service under chapter 15 of this title.
(7) Members of reserve components on active duty
for training.
(8) Members of the Selected Reserve of the Ready
Reserve on active duty to support programs described in
section 1203(b) of the Cooperative Threat Reduction Act
of 1993 (22 U.S.C. 5952(b)).
(9) Members of the National Guard on active duty or
full-time National Guard duty for the purpose of
carrying out drug interdiction and counter-drug
activities under section 112 of title 32.
(10) Members of a reserve component on active duty
under section 10(b)(2) of the Military Selective
Service Act (50 U.S.C. App. 460(b)(2)) for the
administration of the Selective Service System.
(11) Members of the National Guard on full-time
National Guard duty for the purpose of providing
command, administrative, training, or support services
for the National Guard Challenge Program authorized by
section 509 of title 32.
(i) Certain Full-Time National Guard Duty Personnel
Excluded From Counting for Full-Time National Guard Duty End
Strengths.--In counting full-time National Guard duty personnel
for the purpose of end-strengths authorized pursuant to
subsection (a)(1), persons involuntarily performing operational
activities under chapter 9 of title 32 shall be excluded.
* * * * * * *
CHAPTER 3--GENERAL POWERS AND FUNCTIONS
* * * * * * *
Sec. 130a. Major Department of Defense headquarters activities
personnel: limitation
(a) Limitation.--[Effective October 1, 2002, the] The
number of major headquarters activities personnel in the
Department of Defense may not exceed 85 percent of the
[baseline number.
[(b) Phased Reduction.--The number of major headquarters
activities personnel in the Department of Defense--
[(1) as of October 1, 2000, may not exceed 95
percent of the baseline number; and
[(2) as of October 1, 2001, may not exceed 90
percent of the baseline number.
[(c) Baseline Number.--In this section, the term ``baseline
number'' means the] number of major headquarters activities
personnel in the Department of Defense as of October 1, 1999.
[(e)] (b) Major Headquarters Activities Personnel.--In this
section, the term ``major headquarters activities personnel''
means military and civilian personnel of the Department of
Defense who are assigned to, or employed in, functions in major
headquarters activities.
[(d)] (c) Major Headquarters Activities.--(1) * * *
* * * * * * *
[(f)] (d) Limitation on Reassignment of Functions.--In
carrying out reductions in the number of personnel assigned to,
or employed in, major headquarters activities in order to
comply with this section, the Secretary of Defense and the
Secretaries of the military departments may not reassign
functions in order to evade the requirements of this section.
[(g) Flexibility.--(1) If during fiscal year 2001 or fiscal
year 2002 the Secretary of Defense determines, and certifies to
Congress, that the limitation under subsection (a), or a
limitation under subsection (b), would adversely affect United
States national security, the Secretary may take any of the
following actions:
[(A) Increase the percentage specified in
subsection (b)(1) by such amount as the Secretary
determines necessary or waive the limitation under that
subsection.
[(B) Increase the percentage specified in
subsection (b)(2) by such amount as the Secretary
determines necessary, not to exceed a cumulative
increase of 7.5 percentage points.
[(C) Increase the percentage specified in
subsection (a) by such amount as the Secretary
determines necessary, not to exceed a cumulative
increase of 7.5 percentage points.
[(2) Any certification under paragraph (1) shall include
notice of the specific waiver or increases made pursuant to the
authority provided in that paragraph.]
* * * * * * *
CHAPTER 5--JOINT CHIEFS OF STAFF
Sec.
151. Joint Chiefs of Staff: composition; functions.
* * * * * * *
156. Assistants to the Chairman for National Guard members and for
Reserve matters.
* * * * * * *
Sec. 156. Assistants to the Chairman for National Guard matters and for
Reserve matters
(a) Establishment of Positions.--The Secretary of Defense
shall establish the following positions within the Joint Staff:
(1) Assistant to the Chairman of the Joint Chiefs
of Staff for National Guard Matters.
(2) Assistant to the Chairman of the Joint Chiefs
of Staff for Reserve Matters.
(b) Selection.--(1) The Assistant to the Chairman of the
Joint Chiefs of Staff for National Guard Matters shall be
selected by the Chairman from officers of the Army National
Guard of the United States or the Air Guard of the United
States who--
(A) are recommended for such selection by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of
Columbia National Guard;
(B) have had at least 10 years of federally
recognized commissioned service in the National Guard;
and
(C) are in a grade above the grade of colonel.
(2) The Assistant to the Chairman of the Joint Chiefs of
Staff for Reserve Matters shall be selected by the Chairman
from officers of the Army Reserve, the Naval Reserve, the
Marine Corps Reserve, or the Air Force Reserve who--
(A) are recommended for such selection by
the Secretary of the military department
concerned;
(B) have had at least 10 years of
commissioned service in their reserve
component; and
(C) are in a grade above the grade of
colonel or, in the case of the Naval Reserve,
captain.
(c) Term of Office.--Each Assistant to the Chairman under
subsection (a) serves at the pleasure of the Chairman for a
term of four years and may be continued in that assignment in
the same manner for one additional term. However, in time of
war there is no limit on the number of terms.
(d) Grade.--Each Assistant to the Chairman, while so
serving, holds the grade of major general or, in the case of
the Naval Reserve, rear admiral. Each such officer shall be
considered to be serving in a position external to that
officer's Armed Force for purposes of section 721 of title 10,
United States Code, as added by section 501(a).
(e) Duties.--The Assistant to the Chairman for National
Guard Matters is an adviser to the Chairman on matters relating
to the National Guard and performs the duties prescribed for
that position by the Chairman. The Assistant to the Chairman
for Reserve Matters is an adviser to the Chairman on matters
relating to the reserves and performs the duties prescribed for
that position by the Chairman.
(f) Other Reserve Component Representation on Joint
Staff.--The Secretary of Defense, in consultation with the
Chairman of the Joint Chiefs, shall develop appropriate policy
guidance to ensure that, to the maximum extent practicable, the
level of reserve component officer representation within the
Joint Staff is commensurate with the significant role of the
reserve components within the Total Force.
* * * * * * *
CHAPTER 6--COMBATANT COMMANDS
* * * * * * *
Sec. 168. Military-to-military contacts and comparable activities
(a) * * *
* * * * * * *
[(f) Active Duty End Strengths.--(1) A member of a reserve
component referred to in paragraph (2) shall not be counted for
purposes of the following personnel strength limitations:
[(A) The end strength for active-duty personnel
authorized pursuant to section 115(a)(1) of this title
for the fiscal year in which the member carries out the
activities referred to in paragraph (2).
[(B) The authorized daily average for members in
pay grades E-8 and E-9 under section 517 of this title
for the calendar year in which the member carries out
such activities.
[(C) The authorized strengths for commissioned
officers under section 523 of this title for the fiscal
year in which the member carries out such activities.
[(2) A member of a reserve component referred to in
paragraph (1) is any member on active duty under an order to
active duty for 180 days or more who is engaged in activities
authorized under this section.]
(f) Active Duty End Strengths.--A member of a reserve
component who is engaged in activities authorized under this
section shall not be counted for purposes of the following
personnel strength limitations:
(1) The end strength for active-duty personnel
authorized pursuant to section 115(a)(1) of this title
for the fiscal year in which the member carries out the
activities referred to under this section.
(2) The authorized daily average for members in pay
grades E-8 and E-9 under section 517 of this title for
the calendar year in which the member carries out such
activities.
(3) The authorized strengths for commissioned
officers under section 523 of this title for the fiscal
year in which the member carries out such activities.
CHAPTER 7--BOARDS, COUNCILS, AND COMMITTEES
Sec.
171. Armed Forces Policy Council.
* * * * * * *
186. Defense Business System Management Committee.
Sec. 171. Armed Forces Policy Council
(a) There is in the Department of Defense an Armed Forces
Policy Council consisting of--
(1) * * *
* * * * * * *
(14) The Commandant of the Coast Guard, for
discussion of matters pertaining to the Coast Guard.
* * * * * * *
Sec. 179. Nuclear Weapons Council
(a) Establishment; Membership.--There is a [Joint] Nuclear
Weapons Council (hereinafter in this section referred to as the
``Council'') [composed of three members as follows:] operated
as a joint activity of the Department of Defense and the
Department of Energy. The membership of the Council is
comprised of the following officers of those departments:
(1) * * *
* * * * * * *
(4) The Under Secretary of Defense for Policy.
(b) Chairman; Meetings.--(1) * * *
* * * * * * *
(c) Staff and Administrative Services; Staff Director.--(1)
* * *
* * * * * * *
(3)(A) * * *
(B) An individual [appointed] designated under subparagraph
(A) shall possess substantial technical and policy experience
relevant to the management and oversight of nuclear weapons
programs.
(d) Responsibilities.--The Council shall be responsible for
the following matters:
(1) * * *
* * * * * * *
(e) [In addition to the responsibilities set forth in
subsection (d), the Council shall also] Report on Difficulties
Relating to Safety or Reliability.-- The Council shall submit
to Congress a report on any analysis conducted by the Council
with respect to difficulties at nuclear weapons laboratories or
nuclear weapons production plants that have significant bearing
on confidence in the safety or reliability of nuclear weapons
or nuclear weapon types.
(f) Annual Report.--Each fiscal year, at the same time the
President submits the budget pursuant to section 1105 of title
31, the Chairman of the Council, through the Secretary of
Energy, shall submit to the [Committee on Armed Services and
the Committee on Appropriations of the Senate and the Committee
on Armed Services and the Committee on Appropriations of the
House of Representatives] congressional defense committees a
report, in classified form, on the following:
(1) * * *
* * * * * * *
Sec. 186. Defense business system management Committee
(a) Establishment.--The Secretary of Defense shall
establish a Defense Business Systems Management Committee, to
be composed of the following persons:
(1) The Deputy Secretary of Defense, who shall
serve as the chairman of the Committee.
(2) The Under Secretary of Defense for Acquisition,
Logistics, and Technology.
(3) The Under Secretary of Defense for Personnel
and Readiness.
(4) The Under Secretary of Defense (Comptroller).
(5) The Assistant Secretary of Defense for Networks
and Information Integration.
(6) The Secretaries of the military departments and
the heads of the Defense Agencies.
(7) Such additional personnel of the Department of
Defense (including personnel assigned to the Joint
Chiefs of Staff and combatant commands) as are
designated by the Secretary of Defense.
(b) Duties.--(1) In addition to any other matters assigned
to the Committee by the Secretary of Defense, the Committee
shall--
(A) recommend to the Secretary of Defense policies
and procedures necessary to effectively integrate the
requirements of section 2222 of this title into all
business activities and any transformation, reform,
reorganization, or process improvement initiatives
undertaken within the Department of Defense; and
(B) review and approve any major update of the
defense business enterprise architecture developed
under subsection (b) of section 2222 of this title,
including evolving the architecture, and of defense
business systems modernization plans.
(2) The Committee shall be responsible for coordinating
defense business system modernization initiatives to maximize
benefits and minimize costs for the Department of Defense and
periodically report to the Secretary on the status of defense
business system modernization efforts.
(3) The Committee shall ensure that funds are obligated for
defense business system modernization in a manner consistent
with section 2222 of this title.
(c) Definitions.--In this section, the terms ``defense
business system'' and ``defense business system modernization''
have the meanings given such terms in section 2222 of this
title.
* * * * * * *
CHAPTER 9--DEFENSE BUDGET MATTERS
Sec.
221. Future-years defense program: submission to Congress;
consistency in budgeting.
* * * * * * *
232. Operations and maintenance budget presentation.
232. United States Joint Forces Command: amounts for research,
development, test, and evaluation to be derived only from
Defense-wide amounts.
* * * * * * *
Sec. 232. Operations and maintenance budget presentation
(a) In General.--In this section
(1) The term ``O&M justification documents'' means
Department of Defense budget justification documents
with respect to accounts for operation and maintenance
submitted to the congressional defense committees in
support of the Department of Defense component of the
President's budget for any fiscal year.
(2) The term ``President's budget'' means the
budget of the President submitted to Congress under
section 1105 of title 31 for any fiscal year.
(3) The term ``current year'' means the fiscal year
during which the President's budget is submitted in any
year.
(b) Identification of Baseline Amounts in O&M Justification
Documents.--In any case in which the amount requested in the
President's budget for a fiscal year for a Department of
Defense operations and maintenance program, project, or
activity is different from the amount appropriated for that
program, project, or activity for the current year, the O&M
justification documents supporting that budget shall identify
that appropriated amount and the difference between that amount
and the amount requested in the budget, stated as an amount and
as a percentage.
(c) Personal Service Contracts.--In the O&M justification
documents for any fiscal year, costs programmed in the budget
for that fiscal year for Department of Defense for personal
service contracts, and the number of personal service
contractors to be used by the Department of Defense during that
fiscal year who will be compensated at an annual rate in excess
of the annual rate of salary of the Vice President under
section 104 of title 3, shall be separately set forth and
identified.
(d) Navy Subactivities for Ship Depot Maintenance and for
Intermediate Ship Maintenance.--In the O&M justification
documents for the Navy for any fiscal year, amounts requested
for ship depot maintenance and amounts requested for
intermediate ship maintenance shall be set forth as separate
budget subactivity groups.
(e) Civilian Average Salary Costs.--In the O&M
justification documents for any fiscal year, average civilian
salary costs, shown by subactivity group, shall be set forth as
a component of the personnel summary exhibit.
Sec. 232. United States Joint Forces Command: amounts for research,
development, test, and evaluation to be derived
only from Defense-wide amounts
(a) Requirement.--Amounts for research, development, test,
and evaluation for the United States Joint Forces Command shall
be derived only from amounts made available to the Department
of Defense for Defense-wide research, development, test, and
evaluation.
(b) Separate Display in Budget.--Any amount in the budget
submitted to Congress under section 1105 of title 31 for any
fiscal year for research, development, test, and evaluation for
the United States Joint Forces Command shall be set forth under
the account of the Department of Defense for Defense-wide
research, development, test, and evaluation.
* * * * * * *
CHAPTER 21--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
* * * * * * *
SUBCHAPTER II--INTELLIGENCE COMMERCIAL ACTIVITIES
* * * * * * *
Sec. 431. Authority to engage in commercial activities as security for
intelligence collection activities
(a) Authority.--The Secretary of Defense, subject to the
provisions of this subchapter, may authorize the conduct of
those commercial activities necessary to provide security for
authorized intelligence collection activities abroad undertaken
by the Department of Defense. No commercial activity may be
initiated pursuant to this subchapter after December 31, [2004]
2006.
* * * * * * *
Sec. 437. Congressional oversight
(a) * * *
* * * * * * *
(c) Annual Report.--Not later each year than the date
provided in section 507 of the National Security Act of 1947
(50 U.S.C. 415b), the Secretary shall submit to the
congressional intelligence committees (as defined in section 3
of that Act (50 U.S.C. 401a)) a report on all commercial
activities authorized under this subchapter that were
undertaken during the previous fiscal year. Such report shall
include (with respect to the fiscal year covered by the report)
the following:
(1) * * *
* * * * * * *
CHAPTER 23--MISCELLANEOUS STUDIES AND REPORTS
Sec.
480. Reports to Congress: submission in electronic form.
* * * * * * *
489. Annual report on Department of Defense operation and financial
support for military museums.
* * * * * * *
Sec. 487. Unit operations tempo and personnel tempo: annual report
(a) * * *
* * * * * * *
(d) [Other Definitions] Inapplicability to Coast Guard.--In
this section, the term ``armed forces'' does not include the
Coast Guard when it is not operating as a service in the
Department of the Navy.
* * * * * * *
Sec. 489. Annual report on Department of Defense operation and
financial support for military museums
(a) Report Required.--As part of the budget materials
submitted to Congress in connection with the submission of the
budget for a fiscal year pursuant to section 1105 of title 31,
but in no case later than March 15 of each year, the Secretary
of Defense shall submit a report identifying all museums that,
during the preceding fiscal year--
(1) were operated by the Department of Defense or a
military department; or
(2) were otherwise supported using funds
appropriated to the Department of Defense.
(b) Content of Report.--For each museum identified in a
report under this section, the Secretary of Defense shall
include in the report the following:
(1) The purpose and functions of the museum and the
justification for the museum
(2) A description of the facilities dedicated to
the museum.
(3) An itemized listing of the funds appropriated
to the Department of Defense that were obligated to
support the museum during the fiscal year covered by
the report, as well as any other Federal funds, funds
from a nonappropriated fund instrumentality account of
the Department of Defense, and non-Federal funds
obligated to support the museum.
(4) The number of civilian employees of the
Department of Defense who serve full-time or part-time
at the museum.
(5) The number of members of the armed forces who
serve full-time or part-time at the museum.
* * * * * * *
PART II--PERSONNEL
* * * * * * *
CHAPTER 31--ENLISTMENTS
Sec.
501. Definition.
* * * * * * *
511. College First Program
* * * * * * *
Sec. 503. Enlistments: recruiting campaigns; compilation of directory
information
(a) * * *
* * * * * * *
(c) Access to Secondary Schools.--(1)(A) * * *
(B) A local educational agency may not release a student's
name, address, and telephone listing under subparagraph (A)(ii)
without the prior written consent of a parent of the student if
the student, or a parent of the student, has submitted a
request to the local educational agency that the student's
information not be released for a purpose covered by that
subparagraph without prior written parental consent. Each local
[education] educational agency shall notify parents of the
rights provided under the preceding sentence.
* * * * * * *
Sec. 511. College First Program
(a) Program Authority.--The Secretary of each military
department may establish a program to increase the number of,
and the level of the qualifications of, persons entering the
armed forces as enlisted members by encouraging recruits to
pursue higher education or vocational or technical training
before entry into active service.
(b) Delayed Entry With Allowance for Higher Education.--The
Secretary concerned may--
(1) exercise the authority under section 513 of
this title--
(A) to accept the enlistment of a person as
a Reserve for service in the Selected Reserve
or Individual Ready Reserve of a reserve
component, notwithstanding the scope of the
authority under subsection (a) of that section,
in the case of the Army National Guard of the
United States or Air National Guard of the
United States; and
(B) to authorize, notwithstanding the
period limitation in subsection (b) of that
section, a delay of the enlistment of any such
person in a regular component under that
subsection for the period during which the
person is enrolled in, and pursuing a program
of education at, an institution of higher
education, or a program of vocational or
technical training, on a full-time basis that
is to be completed within the maximum period of
delay determined for that person under
subsection (c); and
(2) subject to paragraph (2) of subsection (d) and
except as provided in paragraph (3) of that subsection,
pay an allowance to a person accepted for enlistment
under paragraph (1)(A) for each month of the period
during which that person is enrolled in and pursuing a
program described in paragraph (1)(B).
(c) Maximum Period of Delay.--The period of delay
authorized a person under paragraph (1)(B) of subsection (b)
may not exceed the 30-month period beginning on the date of the
person's enlistment accepted under paragraph (1)(A) of such
subsection.
(d) Allowance.--(1) The monthly allowance paid under
subsection (b)(2) shall be equal to the amount of the
subsistence allowance provided for certain members of the
Senior Reserve Officers' Training Corps with the corresponding
number of years of participation under section 209(a) of title
37. The Secretary concerned may supplement that stipend by an
amount not to exceed $225 per month.
(2) An allowance may not be paid to a person under this
section for more than 24 months.
(3) A member of the Selected Reserve of a reserve component
may be paid an allowance under this section only for months
during which the member performs satisfactorily as a member of
a unit of the reserve component that trains as prescribed in
section 10147(a)(1) of this title or section 502(a) of title
32. Satisfactory performance shall be determined under
regulations prescribed by the Secretary concerned.
(4) An allowance under this section is in addition to any
other pay or allowance to which a member of a reserve component
is entitled by reason of participation in the Ready Reserve of
that component.
(e) Recoupment of Allowance.--(1) A person who, after
receiving an allowance under this section, fails to complete
the total period of service required of that person in
connection with delayed entry authorized for the person under
section 513 shall repay the United States the amount which
bears the same ratio to the total amount of that allowance paid
to the person as the unserved part of the total required period
of service bears to the total period.
(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 of a person in bankruptcy under title 11
that is entered less than five years after the date on which
the person was, or was to be, enlisted in the regular Army
pursuant to the delayed entry authority under section 513 does
not discharge that person from a debt arising under paragraph
(1).
(4) The Secretary concerned may waive, in whole or in part,
a debt arising under paragraph (1) in any case for which the
Secretary determines that recovery would be against equity and
good conscience or would be contrary to the best interests of
the United States.
(f) Special Pay and Bonuses.--Upon enlisting in the regular
component of the member's armed force, a person who initially
enlisted as a Reserve under this section may, at the discretion
of the Secretary concerned, be eligible for all regular special
pays, bonuses, education benefits, and loan repayment programs.
* * * * * * *
Sec. 517. Authorized daily average: members in pay grades E-8
and E-9
(a) The authorized daily average number of enlisted members
on active duty (other than for training) in an armed force in
pay grades E-8 and E-9 in a fiscal year may not be more than
2.5 percent and 1 percent, respectively, of the number of
enlisted members of that armed force who are on active duty
(other than for training) on the first day of that fiscal year.
In computing the limitations prescribed in the preceding
sentence, there shall be excluded enlisted members of an armed
force on active duty [(other than for training) in connection
with organizing, administering, recruiting, instructing, or
training the reserve component of an armed force.] as
authorized under section 115(a)(1)(B) or 115(b) of this title,
or excluded from counting for active duty end strengths under
section 115(i) of this title.
* * * * * * *
CHAPTER 32--OFFICER STRENGTH AND DISTRIBUTION IN GRADE
Sec.
521. Authority to prescribe total strengths of officers on active
duty and officer strengths in various categories.
[522. Authorized total strengths: regular commissioned officers on
active duty.]
* * * * * * *
[525. Distribution of commissioned officers on active duty in general
officer and flag officer grades.]
525. Distribution in grade: general and flag officers on active duty.
* * * * * * *
[Sec. 522. Authorized total strengths: regular commissioned officers on
active duty
[The authorized strengths of the Army, Navy, Air Force, and
Marine Corps in regular officers (other than retired officers)
in grades above chief warrant officer, (W-5), are as follows:
[Army.............................................................63,000
[Navy.............................................................55,000
[Air Force........................................................80,000
[Marine Corps....................................................17,000]
Sec. 523. Authorized strengths: commissioned officers on active duty in
grades of major, lieutenant colonel, and colonel
and Navy grades of lieutenant commander, commander,
and captain
(a)(1) * * *
(b) Officers in the following categories shall be excluded
in computing and determining authorized strengths under this
section:
[(1) Reserve officers--
[(A) on active duty for training;
[(B) on active duty under section 10211,
10302 through 10305, or 12402 of this title or
under section 708 of title 32;
[(C) on active duty under section 12301(d)
of this title in connection with organizing,
administering, recruiting, instructing, or
training the reserve components;
[(D) on active duty to pursue special work;
[(E) ordered to active duty under section
12304 of this title; or
[(F) on full-time National Guard duty.]
(A) on active duty as authorized under
section 115(a)(1)(B) or 115(b)(1) of this
title, or excluded from counting for active
duty end strengths under section 115(i) of this
title;
(B) on active duty under section 10211,
10302 through 10305, or 12402 of this title or
under section 708 of title 32; or
(C) on full-time National Guard duty.
* * * * * * *
(7) [Reserve or retired officers] Retired officers
on active duty under section 10(b)(2) of the Military
Selective Service Act (50 U.S.C. App. 460(b)(2)) for
the administration of the Selective Service System.
* * * * * * *
[Sec. 525. Distribution of commissioned officers on active duty in
general officer and flag officer grades]
Sec. 525. Distribution in grade: general and flag officers on active
duty
[(a) No appointment may be made in a grade above brigadier
general in the Army, Air Force, or Marine Corps if that
appointment would result in more than 50 percent of the general
officers of that armed force on active duty being in grades
above brigadier general. No appointment may be made in a grade
above rear admiral (lower half) in the Navy if that appointment
would result in more than 50 percent of the flag officers of
the Navy on active duty being in grades above rear admiral
(lower half).]
[(b)(1) No appointment] (a) Limitation on Number of General
and Flag Officers in Senior Grades.--(1) No appointment may be
made in a grade above major general in the Army or Air Force if
that appointment would result in more than 15.7 percent of the
general officers of that armed force on active duty being in
grades above major general. Of the 15.7 percent of general
officers of the Army or Air Force on active duty who may be
serving in grades above major general, not more than 25 percent
may be serving in the grade of general.
* * * * * * *
[(3) An officer] (b) Special Rules and Exceptions.--(1) An
officer while serving as Chairman or Vice Chairman of the Joint
Chiefs of Staff or as Chief of Staff to the President, if
serving in the grade of general or admiral, is in addition to
the number that would otherwise be permitted for his armed
force for that grade under [paragraph (1) or (2)] subsection
(a).
[(4)] (2)(A) An officer while serving in a position
designated under subparagraph (B), if serving in the grade of
lieutenant general or vice admiral, is in addition to the
number that would otherwise be permitted for that officer's
armed force for that grade under [paragraph (1) or (2)]
subsection (a).
* * * * * * *
[(5)] (3)(A) An officer while serving in a position
specified in section 604(b) of this title, if serving in the
grade of general or admiral, is in addition to the number that
would otherwise be permitted for that officer's armed force for
officers serving on active duty in grades above major general
or rear admiral, as the case may be, [under the first sentence
of paragraph (1) or (2), as applicable] under subsection (a).
Any increase by reason of the preceding sentence in the number
of officers of an armed force serving on active duty in grades
above major general or rear admiral may only be realized by an
increase in the number of lieutenant generals or vice admirals,
as the case may be, serving on active duty, and any such
increase may not be construed as authorizing an increase in the
limitation on the total number of general or flag officers for
that armed force under section 526(a) of this title or in the
number of general and flag officers that may be designated
under section 526(b) of this title.
* * * * * * *
[(6)] (4) An officer while serving as Chief of the National
Guard Bureau is in addition to the number that would otherwise
be permitted for that officer's armed force for officers
serving on active duty in grades above major general under
[paragraph (1)] subsection (a)(1).
[(7)] (5) An officer of the Army while serving as
Superintendent of the United States Military Academy, if
serving in the grade of lieutenant general, is in addition to
the number that would otherwise be permitted for the Army for
officers serving on active duty in grades above major general
under [paragraph (1)] subsection (a)(1). An officer of the Navy
or Marine Corps while serving as Superintendent of the United
States Naval Academy, if serving in the grade of vice admiral
or lieutenant general, is in addition to the number that would
otherwise be permitted for the Navy or Marine Corps,
respectively, for officers serving on active duty in grades
above major general or rear admiral under [paragraph (1) or
(2)] subsection (a)(2). An officer while serving as
Superintendent of the United States Air Force Academy, if
serving in the grade of lieutenant general, is in addition to
the number that would otherwise be permitted for the Air Force
for officers serving on active duty in grades above major
general under [paragraph (1)] subsection (a)(1).
[(8)] (6) An officer while serving in a position designated
by the Secretary of Defense as Senior Military Assistant to the
Secretary of Defense, if serving in the grade of lieutenant
general or vice admiral, is in addition to the number that
otherwise would be permitted for that officer's armed force for
that grade under [paragraph (1) or (2)] subsection (a). Only
one officer may be designated as Senior Military Assistant to
the Secretary of Defense for purposes of this paragraph.
[(c)(1)] (c) Reallocation Authority.--(1) Subject to
paragraph (3), the President--
(A) may make appointments in the Army, Air Force,
and Marine Corps in the grade of lieutenant general and
in the Army and Air Force in the grade of general in
excees of the applicable numbers determined under
[subsection (b)(1)] subsection (a)(1), and may make
appointments in the Marine Corps in the grade of
general in addition to the Commandant and Assistant
Commandant, if each such appointment is made in
conjunction with an offsetting reduction under
paragraph (2); and
(B) may make appointments in the Navy in the grades
of vice admiral and admiral in excess of the applicable
numbers determined under [subsection (b)(2)] subsection
(a)(2) if each such appointment is made in conjunction
with an offsetting reduction under paragraph (2).
* * * * * * *
(3)(A) The number of officers that may be serving on active
duty in the grades of lieutenant general and vice admiral by
reason of appointments made under the authority of paragraph
(1) may not exceed the number equal to 10 percent of the total
number of officers that may be serving on active duty in those
grades in the Army, Navy, Air Force, and Marine Corps under
[subsection (b)] subsections (a) and (b).
* * * * * * *
(d) Special Rule for Officers Formerly on Joint Chiefs of
Staff.--An officer continuing to hold the grade of general or
admiral under section 601(b)(4) of this title after relief from
the position of Chairman of the Joint Chiefs of Staff, Chief of
Staff of the Army, Chief of Naval Operations, Chief of Staff of
the Air Force, or Commandant of the Marine Corps shall not be
counted for purposes of this section.
* * * * * * *
CHAPTER 33--ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES ABOVE
WARRANT OFFICER GRADES
* * * * * * *
Sec. 531. Original appointments of commissioned officers
[(a) Original appointments in the grades of second
lieutenant through colonel in the Regular Army, Regular Air
Force, and Regular Marine Corps and in the grades of ensign
through captain in the Regular Navy shall be made by the
President, by and with the advice and consent of the Senate.]
(a)(1) Original appointments in the grades of second
lieutenant, first lieutenant, and captain in the Regular Army,
Regular Air Force, and Regular Marine Corps and in the grades
of ensign, lieutenant (junior grade), and lieutenant in the
Regular Navy shall be made by the President alone.
(2) Original appointments in the grades of major,
lieutenant colonel, and colonel in the Regular Army, Regular
Air Force, and Regular Marine Corps and in the grades of
lieutenant commander, commander, and captain in the Regular
Navy shall be made by the President, by and with the advice and
consent of the Senate.
* * * * * * *
Sec. 532. Qualifications for original appointment as a commissioned
officer
(a) * * *
* * * * * * *
[(e) After September 30, 1996, no person may receive an
original appointment as a commissioned officer in the Regular
Army, Regular Navy, Regular Air Force, or Regular Marine Corps
until that person has completed one year of service on active
duty as a commissioned officer (other than a warrant officer)
of a reserve component.]
(f) The Secretary of Defense may waive the requirement of
paragraph (1) of subsection (a) with respect to a person who
has been lawfully admitted to the United States for permanent
residence when the Secretary determines that the national
security so requires, but only for an original appointment in a
grade below the grade of major or lieutenant commander.
* * * * * * *
CHAPTER 33A--APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION AND
RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY LIST
* * * * * * *
Sec. 582. Warrant officer active-duty list: exclusions
Warrant officers in the following categories are not
subject to this chapter:
[(1) Reserve warrant officers--
[(A) on active duty for training;
[(B) on active duty under section 12301(d)
of this title in connection with organizing,
administering, recruiting, instructing, or
training the reserve components;
[(C) on active duty to pursue special work;
[(D) ordered to active duty under section
12304 of this title; or
[(E) on full-time National Guard duty.]
(1) Reserve warrant officers--
(A) on active duty as authorized under
section 115(a)(1)(B) or 115(b)(1) of this
title, or excluded from counting for active
duty end strengths under section 115(i) of this
title; or
(B) on full-time National Guard duty.
* * * * * * *
CHAPTER 36--PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF
OFFICERS ON THE ACTIVE-DUTY LIST
* * * * * * *
SUBCHAPTER II--PROMOTIONS
Sec.
619. Eligibility for consideration for promotion: time-in-grade and
other requirements.
* * * * * * *
619b. Eligibility for consideration for promotion: joint professional
military education required before promotion to colonel or
Navy captain; exceptions.
* * * * * * *
Sec. 619. Eligibility for consideration for promotion: time-in-grade
and other requirements
(a) * * *
* * * * * * *
(d) Certain Officers Not To Be Considered.--A selection
board convened under section 611(a) of this title may not
consider for promotion to the next higher grade any of the
following officers:
(1) * * *
* * * * * * *
(5) An officer of the Army, Air Force, or Marine
Corps in the grade of captain, or of the Navy in the
grade of lieutenant, who is not a citizen of the United
States.
Sec. 619a. Eligibility for consideration for promotion: joint duty
assignment required before promotion to general or
flag grade; exceptions
(a) General Rule.--An officer on the active-duty list of
the Army, Navy, Air Force, or Marine Corps may not be appointed
to the grade of brigadier general or rear admiral (lower half)
unless--
(1) * * *
(2) for appointments after September 30, [2007]
2008, the officer has been selected for the joint
specialty in accordance with section 661 of this title.
(b) Exceptions.--Subject to subsection (c), the Secretary
of Defense may waive paragraph (1) or paragraph (2) of
subsection (a), or both paragraphs (1) and (2) of subsection
(a), in the following circumstances:
(1) * * *
* * * * * * *
(4) In the case of an officer selected by a
promotion board for appointment to the grade of
brigadier general or rear admiral (lower half) while
serving in a joint duty assignment [if--
[(A) at least 180 days of that joint duty
assignment have been completed on the date of
the convening of that selection board; and
[(B) the officer's] if the officer's total
consecutive service in joint duty assignments
within that immediate organization is not less
than two years.
* * * * * * *
Sec. 619b. Eligibility for consideration for promotion: joint
professional military education required before
promotion to colonel or Navy captain; exceptions
(a) General Rule.--After September 30, 2007, an officer on
the active-duty list of the Army, Air Force, or Marine Corps
may not be appointed to the grade of colonel, and an officer on
the active-duty list of the Navy may not be appointed to the
grade of captain, unless the officer has successfully completed
a program of instruction approved by the Secretary as
qualifying for credit as the Joint Professional Military
Education Phase I or Phase II program of instruction.
(b) Exceptions.--Subject to subsection (c), the Secretary
of Defense may waive subsection (a) in the following
circumstances:
(1) When necessary for the good of the service.
(2) In the case of an officer whose proposed
selection for promotion is based primarily upon
scientific and technical qualifications for which joint
requirements do not exist.
(3) In the case of--
(A) a medical officer, dental officer,
veterinary officer, medical service officer,
nurse, or biomedical science officer;
(B) a chaplain; or
(C) a judge advocate.
(c) Waiver To Be Individual.--A waiver may be granted under
subsection (b) only on a case-by-case basis in the case of an
individual officer.
(d) Special Rule for Good-of-the-Service Waiver.--In the
case of a waiver under subsection (b)(1), the Secretary shall
provide that the first duty assignment as a colonel or Navy
captain of the officer for whom the waiver is granted shall be
to a program of joint professional military education.
(e) Limitation on Delegation of Waiver Authority.--The
authority of the Secretary of Defense to grant a waiver under
subsection (b) (other than under paragraph (1) of that
subsection) may be delegated only to the Deputy Secretary of
Defense, an Under Secretary of Defense, or an Assistant
Secretary of Defense.
(f) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section. The regulations shall
specifically identify for purposes of subsection (b)(2) those
categories of officers for which selection for promotion to
colonel or, in the case of the Navy, captain is based primarily
upon scientific and technical qualifications for which joint
requirements do not exist.
* * * * * * *
SUBCHAPTER III--FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT FOR
YEARS OF SERVICE
* * * * * * *
Sec. 632. Effect of failure of selection for promotion: captains and
majors of the Army, Air Force, and Marine Corps and
lieutenants and lieutenant commanders of the Navy
(a) * * *
* * * * * * *
(c)(1) If a health professions officer described in
paragraph [(2)] (3) is subject to discharge under subsection
(a)(1) and, as of the date on which the officer is to be
discharged [under that paragraph] under that subsection, the
officer has not completed a period of active duty service
obligation that the officer incurred under section 2005, 2114,
2123, or 2603 of this title, the officer shall be retained on
active duty until completion of such active duty service
obligation, and then be discharged under that subsection,
unless sooner retired or discharged under another provision of
law.
* * * * * * *
SUBCHAPTER V--ADDITIONAL PROVISIONS RELATING TO PROMOTION, SEPARATION,
AND RETIREMENT
* * * * * * *
Sec. 641. Applicability of chapter
Officers in the following categories are not subject to
this chapter (other than section 640 and, in the case of
warrant officers, section 628):
[(1) Reserve officers--
[(A) on active duty for training;
[(B) on active duty under section 3038,
5143, 5144, 8038, 10211, 10301 through 10305,
10502, 10505, 10506(a), 10506(b), 10507, or
12402 of this title or section 708 of title 32;
[(C) on active duty under section 12301(d)
of this title in connection with organizing,
administering, recruiting, instructing, or
training the reserve components;
[(D) on active duty under section 12301(d)
of this title, other than as provided under
subparagraph (C), if the call or order to
active duty, under regulations prescribed by
the Secretary concerned, specifies a period of
three years or less and continued placement on
the reserve active-status list;
[(E) on active duty to pursue special work;
[(F) ordered to active duty under section
12304 of this title;
[(G) on active duty under section 10(b)(2)
of the Military Selective Service Act (50
U.S.C. App. 460(b)(2)) for the administration
of the Selective Service System; or
[(H) on full-time National Guard duty.]
(1) Reserve officers--
(A) on active duty authorized under section
115(a)(1)(B) or 115(b)(1) of this title, or
excluded from counting for active duty end
strengths under section 115(i) of this title;
(B) on active duty under section 3038,
5143, 5144, 8038, 10211, 10301 through 10305,
10502, 10505, 10506(a), 10506(b), 10507, or
12402 of this title or section 708 of title 32;
or
(C) on full-time National Guard duty.
CHAPTER 38--JOINT OFFICER MANAGEMENT
Sec.
661. Management policies for joint specialty officers.
[662. Promotion policy objectives for joint officers.
[663. Education.]
662. Promotion policy objectives for joint officers on the active-
duty list.
633. Joint duty assignments after completion of joint professional
military education.
Sec. 661. Management policies for joint specialty officers
(a) Establishment.--The Secretary of Defense shall
establish policies, procedures, and practices for the effective
management of officers of the Army, Navy, Air Force, and Marine
Corps [on the active-duty list] who are particularly trained
in, and oriented toward, joint matters (as defined in section
668 of this title). Such officers shall be identified or
designated (in addition to their principal military
occupational specialty) in such manner as the Secretary of
Defense directs. For purposes of this chapter, officers to be
managed by such policies, procedures, and practices are
referred to as having, or having been nominated for, the
``joint specialty''.
(b) Numbers and Selection.--(1) * * *
(2) Officers shall be selected for the joint specialty by
the Secretary of Defense with the advice of the Chairman of the
Joint Chiefs of Staff. Each officer on the active-duty list on
December 28, 2001, who has not before that date been nominated
for the joint specialty by the Secretary of a military
department, [and] each officer who is placed on the active-duty
list after such date,, and each reserve component officer in an
active status who is not on the active-duty list, who meets the
requirements of subsection (c) shall automatically be
considered to have been nominated for the joint specialty. From
among those officers considered to be nominated for the joint
specialty, the Secretary may select for the joint specialty
only officers--
(A) * * *
* * * * * * *
[Sec. 662. Promotion policy objectives for joint officers]
Sec. 662. Promotion policy objectives for joint officers on the active-
duty list
(a) Qualifications.--The Secretary of Defense shall ensure
that the qualifications of officers on the active-duty list
assigned to joint duty assignments are such that--
(1) * * *
* * * * * * *
(b) Annual Report.--Not later than January 1 of each year,
the Secretary of Defense shall submit to Congress a report on
the promotion rates during the preceding fiscal year of
officers on the active-duty list who are serving in, or have
served in, joint duty assignments, especially with respect to
the record of officer selection boards in meeting the
objectives of paragraphs (1), (2), and (3) of subsection (a).
If such promotion rates fail to meet such objectives for any
fiscal year, the Secretary shall include in the report for that
fiscal year information on such failure and on what action the
Secretary has taken or plans to take to prevent further
failures.
* * * * * * *
[Sec. 663. Education
[(a) Capstone Course for New General and Flag Officers.--
(1) Each officer selected for promotion to the grade of
brigadier general or, in the case of the Navy, rear admiral
(lower half) shall be required, after such selection, to attend
a military education course designed specifically to prepare
new general and flag officers to work with the other armed
forces.
[(2) Subject to paragraph (3), the Secretary of Defense may
waive paragraph (1)--
[(A) in the case of an officer whose immediately
previous assignment was in a joint duty assignment and
who is thoroughly familiar with joint matters;
[(B) when necessary for the good of the service;
[(C) in the case of an officer whose proposed
selection for promotion is based primarily upon
scientific and technical qualifications for which joint
requirements do not exist (as determined under
regulations prescribed under section 619(e)(4) of this
title); and
[(D) in the case of a medical officer, dental
officer, veterinary officer, medical service officer,
nurse, biomedical science officer, or chaplain.
[(3) The authority of the Secretary of Defense to grant a
waiver under paragraph (2) may only be delegated to the Deputy
Secretary of Defense, an Under Secretary of Defense, or an
Assistant Secretary of Defense. Such a waiver may be granted
only on a case-by-case basis in the case of an individual
officer.]
Sec. 633. Joint duty assignments after completion of joint professional
military education
[(d) Post-Education Joint Duty Assignments.--(1) The] (a)
Joint Specialty Officers.--The Secretary of Defense shall
ensure that each officer with the joint specialty who graduates
from a joint professional military education school shall be
assigned to a joint duty assignment for that officer's next
duty assignment after such graduation (unless the officer
receives a waiver of that requirement by the Secretary in an
individual case).
[(2)(A) The Secretary] (b) Other Officers.--(1) The
Secretary of Defense shall ensure that a high proportion (which
shall be greater than 50 percent) of the officers graduating
from a joint professional military education school who do not
have the joint specialty shall receive assignments to a joint
duty assignment as their next duty assignment after such
graduation or, to the extent authorized [in subparagraph (B)]
in paragraph (2), as their second duty assignment after such
graduation.
[(B) The Secretary] (2) The Secretary may, if the Secretary
determines that it is necessary to do so for the efficient
management of officer personnel, establish procedures to allow
up to one-half of the officers subject to the joint duty
assignment requirement in subparagraph (A) to be assigned to a
joint duty assignment as their second (rather than first)
assignment after such graduation from a joint professional
military education school.
[(e) Duration of Principal Course of Instruction at Joint
Forces Staff College.--(1) The duration of the principal course
of instruction offered at the Joint Forces Staff College may
not be less than three months.
[(2) In this subsection, the term ``principal course of
instruction'' means any course of instruction offered at the
Joint Forces Staff College as Phase II joint professional
military education.]
* * * * * * *
Sec. 667. Annual report to Congress
The Secretary of Defense shall include in the annual report
of the Secretary to Congress under section 113(c) of this
title, for the period covered by the report, the following
information (which shall be shown for the Department of Defense
as a whole and separately for the Army, Navy, Air Force, and
Marine Corps):
(1) * * *
* * * * * * *
(18) The implementation of authority under section
661 of this title to certify reserve component officers
as joint specialty officers, together with the number
of reserve component officers who were so certified
during the reporting period.
[(18)] (19) Such other information and comparative
data as the Secretary of Defense considers appropriate
to demonstrate the performance of the Department of
Defense and the performance of each military department
in carrying out this chapter.
Sec. 668. Definitions
(a) * * *
* * * * * * *
(c) Clarification of ``Tour of Duty''.--For purposes of
this chapter, a tour of duty in which an officer served in more
than one joint duty assignment [within the same organization]
without a break between such assignments shall be considered to
be a single tour of duty in a joint duty assignment.
* * * * * * *
CHAPTER 39--ACTIVE DUTY
* * * * * * *
Sec. 691. Permanent end strength levels to support two major regional
contingencies
(a) * * *
(b) Unless otherwise provided by law, the number of members
of the armed forces (other than the Coast Guard) on active duty
at the end of any fiscal year shall be not less than the
following:
(1) * * *
(2) For the Navy, [373,800] 365,900.
* * * * * * *
(4) For the Air Force, [359,300] 359,700.
* * * * * * *
CHAPTER 40--LEAVE
* * * * * * *
Sec. 704. Use of leave; regulations
(a) * * *
* * * * * * *
(c) Facilitating Granting of Leave for Attendance at
Hearings.--
(1) Regulations.--The Secretary concerned shall
prescribe regulations to facilitate the granting of
leave to a member of the armed forces under the
jurisdiction of that Secretary in a case in which--
(A) the leave is needed for the member to
attend a hearing described in paragraph (2);
(B) the member is not serving in or with a
unit deployed in a contingency operation; and
(C) the exigencies of military service (as
determined by the Secretary concerned) do not
otherwise require that such leave not be
granted.
(2) Covered hearings.--Paragraph (1) applies to a
hearing that is conducted by a court or pursuant to an
administrative process established under State law, in
connection with a civil action--
(A) to determine whether a member of the
armed forces is a natural parent of a child; or
(B) to determine an obligation of a member
of the armed forces to provide child support.
(3) Definitions.--In this subsection:
(A) The term ``court'' has the meaning
given that term in section 1408(a) of this
title.
(B) The term ``child support'' has the
meaning given that term in section 459(i) of
the Social Security Act (42 U.S.C. 659(i)).
* * * * * * *
Sec. 708. Educational leave of absence
(a) Under such regulations as the Secretary of Defense may
prescribe after consultation with the Secretary of Homeland
Security and subject to subsection (b), the Secretary concerned
may grant to any eligible member (as defined in subsection (e))
a leave of absence for a period of not to exceed [two] three
years for the purposes of permitting the member to pursue a
program of education.
* * * * * * *
CHAPTER 49--MISCELLANEOUS PROHIBITIONS AND PENALTIES
Sec.
971. Service credit: officers may not count service performed while
serving as cadet or midshipman.
* * * * * * *
[977. Operation of commissary stores: assignment of active duty
members generally prohibited.]
* * * * * * *
Sec. 972. Members: effect of time lost
(a) * * *
* * * * * * *
(3) is confined by military or civilian authorities
for more than one day in connection with a trial,
whether before, during, or after the trial, unless such
confinement is excused as unavoidable; or
* * * * * * *
(b) Officers Not Allowed Service Credit for Time Lost.--In
the case of an officer of an armed force who after February 10,
1996--
(1) * * *
* * * * * * *
(3) is confined by military or civilian authorities
for more than one day in connection with a trial,
whether before, during, or after the trial, unless such
confinement is excused as unavoidable; or
* * * * * * *
[Sec. 977. Operation of commissary stores: assignment of active duty
members generally prohibited
[(a) General Rule.--A member of the armed forces on active
duty may not be assigned to the operation of a commissary
store.
[(b) Exception for DCA Director.--The Secretary of Defense
may assign an officer on the active-duty list to serve as the
Director of the Defense Commissary Agency.
[(c) Exception for Certain Additional Members.--Not more
than 18 members (in addition to the officer referred to in
subsection (b)) of the armed forces on active duty may be
assigned to the Defense Commissary Agency. Members who may be
assigned under this subsection to regional headquarters of the
agency shall be limited to enlisted members assigned to duty as
advisors in the regional headquarters responsible for overseas
commissaries and to veterinary specialists.
[(d) Exception for Certain Navy Personnel.--(1) The
Secretary of the Navy may assign to the Defense Commissary
Agency a member of the Navy on active duty whose assignment
afloat is part of the operation of a ship's food service or a
ship's store. Any such assignment shall be on a nonreimbursable
basis.
[(2) The number of such members assigned to the Defense
Commissary Agency during any period may not exceed 400.]
* * * * * * *
Sec. 983. Institutions of higher education that prevent ROTC access or
military recruiting on campus: denial of grants and
contracts from Department of Defense, Department of
Education, and certain other departments and
agencies
(a) Denial of Funds for Preventing ROTC Access to Campus.--
(1) No funds described in subsection (d)(1) may be provided by
contract or by grant [(including a grant of funds to be
available for student aid)] to an institution of higher
education (including any subelement of such institution) if the
Secretary of Defense determines that that institution (or any
subelement of that institution) has a policy or practice
(regardless of when implemented) that either prohibits, or in
effect [prevents--] prevents, either (or both) of the
following:
[(1) the] (A) The Secretary of a military
department from maintaining, establishing, or operating
a unit of the Senior Reserve Officer Training Corps (in
accordance with section 654 of this title and other
applicable Federal laws) at that institution (or any
subelement of that institution)[; or].
[(2) a] (B) A student at that institution (or any
subelement of that institution) from enrolling in a
unit of the Senior Reserve Officer Training Corps at
another institution of higher education.
(2)(A) Not later than 180 days after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2005 and annually thereafter, the Secretary of Defense
shall request from each institution of higher education that
has students participating in a Senior Reserve Officer Training
Corps program during the then-current academic year of that
institution a certification that such institution, during the
next academic year of the institution, will--
(i) permit the Secretary of each military
department to maintain a unit of the Senior Officer
Training Corps (in accordance with subsection (a)) at
that institution (or any subelement of that
institution), should such Secretary elect to maintain
such a unit; and
(ii) if the Secretary of the military department
concerned elects not to establish or maintain a unit of
the Senior Reserve Officer Training Corps at that
institution, permit a student of that institution (or
any subelement of that institution) to enroll in a unit
of the Senior Reserve Officer Training Corps at another
institution of higher education.
(B) Any certification under subparagraph (A) shall be made
by the president of the institution (or equivalent highest
ranking administrative official) and shall be submitted to the
Secretary of Defense no later than 90 days after receipt of the
request from the Secretary.
(C) In the case of any institution from which a
certification is requested under subparagraph (A), if the
Secretary of Defense does not receive a certification in
accordance with subparagraph (B), or if the certification does
not state that the university will comply with both clauses (i)
and (ii) of subparagraph (A) during its next academic year, the
Secretary shall make a determination under paragraph (1) as to
whether the institution has a policy or practice described in
that paragraph.
(b) Denial of Funds for Preventing Military Recruiting on
Campus.--No funds described in [subsection (d)(2)] subsection
(d)(1) may be provided by contract or by grant [(including a
grant of funds to be available for student aid)] to an
institution of higher education (including any subelement of
such institution) if the Secretary of Defense determines that
that institution (or any subelement of that institution) has a
policy or practice (regardless of when implemented) that either
prohibits, or in effect prevents--
(1) the Secretary of a military department or
Secretary of Homeland Security from gaining [entry to
campuses] access to campuses, or access to students
(who are 17 years of age or older) on campuses, for
purposes of military recruiting in a manner that is at
least equal in quality and scope to the access to
campuses and to students that is provided to any other
employer; or
* * * * * * *
(d) Covered Funds.--(1) [The limitation established in
subsection (a) applies] Except as provided in paragraph (2),
the limitations established in subsections (a) and (b) apply to
the following:
(A) * * *
(B) Any funds made available for any department or
agency for which regular appropriations are made in a
Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act.
(C) Any funds made available for the Department of
Homeland Security.
(D) Any funds made available for the National
Nuclear Security Administration of the Department of
Energy.
(E) Any funds made available for the Department of
Transportation.
(F) Any funds made available for the Central
Intelligence Agency.
[(2) The limitation established in subsection (b) applies
to the following:
[(A) Funds described in paragraph (1).
[(B) Any funds made available for the Department of
Homeland Security.]
(2) Any Federal funding specified in paragraph (1) that is
provided to an institution of higher education, or to an
individual, to be available solely for student financial
assistance, related administrative costs, or costs associated
with attendance, may be used for the purpose for which the
funding is provided.
(e) Notice of Determinations.--Whenever the Secretary of
Defense makes a determination under subsection (a), (b), or
(c), the Secretary--
(1) shall transmit a notice of the determination to
the Secretary of Education, to the head of each other
department and agency the funds of which are subject to
the determination, and to Congress; and
* * * * * * *
Sec. 986. Security clearances: limitations
(a) * * *
* * * * * * *
(c) Persons Disqualified From Being Granted Security
Clearances.--A person is described in this subsection if any of
the following applies to that person:
(1) The person has been convicted in any court of
the United States of a crime [and], was sentenced to
imprisonment for a term exceeding one year, and was
incarcerated as a result of that sentence for not less
than one year.
* * * * * * *
[(d) Waiver Authority.--In a meritorious case, the
Secretary of Defense or the Secretary of the military
department concerned may authorize an exception to the
prohibition in subsection (a) for a person described in
paragraph (1) or (4) of subsection (c). The authority under the
preceding sentence may not be delegated.]
(d) Waiver Authority.--In a meritorious case, an exception
to the prohibition in subsection (a) may be authorized for a
person described in paragraph (1) or (4) of subsection (c) if
there are mitigating factors. Any such waiver may be authorized
only in accordance with standards and procedures prescribed by,
or under the authority of, an Executive order or other guidance
issued by the President.
* * * * * * *
CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS
Sec.
1031. Administration of oath.
* * * * * * *
1060b. Military ID cards: dependents and survivors of retirees;
issuance of permanent ID card after attaining 70 years of age.
* * * * * * *
Sec. 1044. Legal assistance
(a) * * *
* * * * * * *
(e)(1) Notwithstanding any law regarding the licensure of
attorneys, a judge advocate or civilian attorney who is
authorized to provide military legal assistance is authorized
to provide that assistance in any jurisdiction, subject to such
regulations as may be prescribed by the Secretary concerned.
(2) In this subsection, the term ``military legal
assistance'' includes--
(A) legal assistance provided under this section;
and
(B) legal assistance contemplated by sections
1044a, 1044b, 1044c, and 1044d of this title.
* * * * * * *
Sec. 1047. Allowance for civilian clothing
(a) Members Traveling In Connection With Medical
Evacuation.--The Secretary of the military department concerned
may furnish civilian clothing to a member at a cost not to
exceed $250, or reimburse a member for the purchase of civilian
clothing in an amount not to exceed $250, in the case of a
member who--
(1) is medically evacuated for treatment in a
medical facility by reason of an illness or injury
incurred or aggravated while on active duty; or
(2) after being medically evacuated as described in
paragraph (1), is in an authorized travel status from a
medical facility to another location approved by the
Secretary.
(b) Certain Enlisted Members.--The Secretary of the
military department concerned may furnish civilian clothing, at
a cost of not more than $40, to an enlisted member who is--
(1) discharged for misconduct or unsuitability or
under conditions other than honorable;
(2) sentenced by a civil court to confinement in a
prison;
(3) interned or discharged as an alien enemy; or
(4) discharged before completion of recruit
training under honorable conditions for dependency,
hardship, minority, or disability or for the
convenience of the Government.
* * * * * * *
Sec. 1060b. Military ID cards: dependents and survivors of retirees;
issuance of permanent ID card after attaining 70
years of age
(a) Permanent ID Card After Age 70.--In issuing military ID
cards to retiree dependents, the Secretary concerned shall
issue a permanent ID card (not subject to renewal) to any such
retiree dependent who has attained 70 years of age. Such a
permanent ID card shall be issued upon the expiration, after
the retiree dependent attains 70 years of age, of any earlier,
renewable military ID card or, if earlier, upon the request of
such a retiree dependent after attaining age 70.
(b) Definitions.--In this section:
(1) The term ``military ID card'' means a card or
other form of identification used for purposes of
demonstrating eligibility for any benefit from the
Department of Defense.
(2) The term ``retiree dependent'' means a person
who is a dependent of a retired member of the uniformed
services, or a survivor of a deceased retired member of
the uniformed services, who is eligible for any benefit
from the Department of Defense.
* * * * * * *
CHAPTER 55--MEDICAL AND DENTAL CARE
Sec.
1071. Purpose of this chapter.
* * * * * * *
1074b. Medical and dental care: members of, and designated applicants
for membership in, Senior ROTC.
[1075. Officers and certain enlisted members: subsistence charges.]
* * * * * * *
[1076b. TRICARE program: coverage for members of the Ready Reserve.]
1076b. TRICARE program: coverage for members of the Ready Reserve.
* * * * * * *
Sec. 1074. Medical and dental care for members and certain former
members
(a)(1) * * *
* * * * * * *
(d)(1) For the purposes of this chapter, a dependent of a
member of a reserve component of the armed forces who is issued
a delayed-effective-date active-duty order, or is covered by
such an order, shall be treated as being a dependent of a
member on active duty for a period of more than 30 days
beginning on [the later of the date that is--
[(A) the date of the issuance of such order; or
[(B) 90 days before the date on which the period of
active duty is to commence under such order for that
member.] the date described in paragraph (3).
(2) The Secretary of Defense may, beginning on the date
described in paragraph (3), provide a member of a reserve
component of the armed forces who is issued a delayed-
effective-date active-duty order, or is covered by such an
order, such medical and dental care (in addition to care for
which the member is eligible under section 1074a(f) of this
title or other provisions of law) the Secretary determines
appropriate.
(3) The date referred to in paragraphs (1) and (2) with
respect to a member is the later of the date that is--
(A) the date of the issuance of the delayed-
effective-date active-duty order; or
(B) 90 days before the date on which the period of
active duty is to commence under such order for that
member.
[(2)] (4) In this subsection, the term ``delayed-effective-
date active-duty order'' means an order to active duty for a
period of more than 30 days in support of a contingency
operation under a provision of law referred to in section
101(a)(13)(B) of this title that provides for active-duty
service to begin under such order on a date after the date of
the issuance of the order.
[(3) This subsection shall cease to be effective on
December 31, 2004.]
* * * * * * *
Sec. 1074b. Medical and dental care: members of, and designated
applicants for membership in, Senior ROTC
(a) Under joint regulations prescribed by the administering
Secretaries, the following persons are entitled to the benefits
described in subsection (b):
(1) A member of, and a designated applicant for
membership in, Senior ROTC who incurs or aggravates an
injury, illness, or disease in the line of duty while
performing duties pursuant to section 2109 of this
title.
(2) A member of, and a designated applicant for
membership in, Senior ROTC who incurs or aggravates an
injury, illness, or disease while traveling directly to
or from the place at which that member or applicant is
to perform or has performed duties pursuant to section
2109 of this title.
(3) Each member of, and each designated applicant
for membership in, Senior ROTC who incurs or aggravates
an injury, illness, or disease in the line of duty
while remaining overnight immediately before the
commencement of duties performed pursuant to section
2109 of this title or, while remaining overnight,
between successive periods of performing duties
pursuant to section 2109 of this title, at or in the
vicinity of the site of the duties performed pursuant
to section 2109 of this title, if the site is outside
reasonable commuting distance from the residence of the
member or designated applicant.
(b) A person described in subsection (a) is entitled to--
(1) the medical and dental care appropriate for the
treatment of the injury, illness, or disease of that
person until the resulting disability cannot be
materially improved by further hospitalization or
treatment; and
(2) subsistence during hospitalization.
(c) A member of, and each designated applicant for
membership in, Senior ROTC is not entitled to benefits under
subsection (b) if the injury, illness, or disease or
aggravation of an injury, illness, or disease of that person
described in subsection (a)(2) is the result of the gross
negligence or the misconduct of the member or applicant for
membership in Senior ROTC.
(d) In this section, the term ``Senior ROTC'' means a
program under chapter 103 of this title.
* * * * * * *
Sec. 1074g. Pharmacy benefits program
(a) Pharmacy Benefits.--(1) * * *
* * * * * * *
(6)(A) The Secretary, in the regulations prescribed under
subsection (g), may establish cost sharing requirements (which
may be established as a percentage or fixed dollar amount)
under the pharmacy benefits program for generic, formulary, and
nonformulary agents. For nonformulary agents, cost sharing
shall be consistent with common industry practice and not in
excess of amounts generally comparable to 20 percent for
beneficiaries covered by section 1079 of this title or 25
percent for beneficiaries covered by section 1086 of this
title.
(B) For a medicare-eligible beneficiary, the cost-
sharing requirements may not be in excess of the cost-
sharing requirements applicable to all other
beneficiaries covered by section 1086 of this title.
For purposes of the preceding sentence, a medicare-
eligible beneficiary is a beneficiary eligible for
health benefits under section 1086 of this title
pursuant to subsection (d)(2) of such section.
* * * * * * *
Sec. 1074j. Sub-acute care program
(a) * * *
(b) Benefits.--(1) * * *
* * * * * * *
(3)(A) The program shall include a comprehensive, part-time
or intermittent home health care benefit that shall be provided
in the manner and under the conditions described in section
1861(m) of the Social Security Act (42 U.S.C. 1395x(m)).
(B) The Secretary of Defense shall establish procedures for
the transition to and implementation of the home health care
benefit required by subparagraph (A). The Secretary may provide
in such procedures that covered beneficiaries who, before the
implementation of such benefit, received home health care under
this chapter in excess of such benefit, may continue to receive
such care for such time as the Secretary considers appropriate.
* * * * * * *
[Sec. 1075. Officers and certain enlisted members: subsistence charges
[(a) In General.--When an officer or former officer of a
uniformed service, or an enlisted member of a uniformed service
entitled to basic allowance for subsistence, is hospitalized
under section 1074 of this title, he shall pay an amount equal
to the part of the charge prescribed under section 1078 of this
title that is attributable to subsistence.
[(b) Exceptions.--Subsection (a) shall not apply to any of
the following:
[(1) An enlisted member, or former enlisted member,
of a uniformed service who is entitled to retired or
retainer pay or equivalent pay.
[(2) An officer or former officer of a uniformed
service, or an enlisted member or former enlisted
member of a uniformed service not described in
paragraph (1), who is hospitalized under section 1074
because of an injury incurred (as determined under
criteria prescribed by the Secretary of Defense)--
[(A) as a direct result of armed conflict;
[(B) while engaged in hazardous service;
[(C) in the performance of duty under
conditions simulating war; or
[(D) through an instrumentality of war.]
* * * * * * *
Sec. 1076a. TRICARE dental program
(a) * * *
* * * * * * *
(k) Eligible Dependent Defined.--In this section, the term
``eligible dependent''--
(1) * * *
(2) includes any such dependent of a member who
dies while on active duty for a period of more than 30
days or a member of the Ready Reserve if, on the date
of the death of the member, the dependent is enrolled
in a dental benefits plan established under subsection
(a) or is not enrolled in such a plan by reason of the
dependent's young age on the date of death of the
member of a discontinuance of a former enrollment under
subsection (f), except that the term does not include
the dependent after the end of the three-year period
beginning on the date of the member's death.
* * * * * * *
[Sec. 1076b. TRICARE program: coverage for members of the Ready Reserve
[(a) Eligibility.--Each member of the Selected Reserve of
the Ready Reserve and each member of the Individual Ready
Reserve described in section 10144(b) of this title is
eligible, subject to subsection (h), to enroll in TRICARE and
receive benefits under such enrollment for any period that the
member--
[(1) is an eligible unemployment compensation
recipient; or
[(2) is not eligible for health care benefits under
an employer-sponsored health benefits plan.
[(b) Types of Coverage.--(1) A member eligible under
subsection (a) may enroll for either of the following types of
coverage:
[(A) Self alone coverage.
[(B) Self and family coverage.
[(2) An enrollment by a member for self and family covers
the member and the dependents of the member who are described
in subparagraph (A), (D), or (I) of section 1072(2) of this
title.
[(c) Open Enrollment Periods.--The Secretary of Defense
shall provide for at least one open enrollment period each
year. During an open enrollment period, a member eligible under
subsection (a) may enroll in the TRICARE program or change or
terminate an enrollment in the TRICARE program.
[(d) Scope of Care.--(1) A member and the dependents of a
member enrolled in the TRICARE program under this section shall
be entitled to the same benefits under this chapter as a member
of the uniformed services on active duty or a dependent of such
a member, respectively.
[(2) Section 1074(c) of this title shall apply with respect
to a member enrolled in the TRICARE program under this section.
[(e) Premiums.--(1) The Secretary of Defense shall charge
premiums for coverage pursuant to enrollments under this
section. The Secretary shall prescribe for each of the TRICARE
program options a premium for self alone coverage and a premium
for self and family coverage.
[(2) The monthly amount of the premium in effect for a
month for a type of coverage under this section shall be the
amount equal to 28 percent of the total amount determined by
the Secretary on an appropriate actuarial basis as being
reasonable for the coverage.
[(3) The premiums payable by a member under this subsection
may be deducted and withheld from basic pay payable to the
member under section 204 of title 37 or from compensation
payable to the member under section 206 of such title. The
Secretary shall prescribe the requirements and procedures
applicable to the payment of premiums by members not entitled
to such basic pay or compensation.
[(4) Amounts collected as premiums under this subsection
shall be credited to the appropriation available for the
Defense Health Program Account under section 1100 of this
title, shall be merged with sums in such Account that are
available for the fiscal year in which collected, and shall be
available under subparagraph (B) of such section for such
fiscal year.
[(f) Other Charges.--A person who receives health care
pursuant to an enrollment in a TRICARE program option under
this section, including a member who receives such health care,
shall be subject to the same deductibles, copayments, and other
nonpremium charges for health care as apply under this chapter
for health care provided under the same TRICARE program option
to dependents described in subparagraph (A), (D), or (I) of
section 1072(2) of this title.
[(g) Termination of Enrollment.--(1) A member enrolled in
the TRICARE program under this section may terminate the
enrollment only during an open enrollment period provided under
subsection (c), except as provided in subsection (h).
[(2) An enrollment of a member for self alone or for self
and family under this section shall terminate on the first day
of the first month beginning after the date on which the member
ceases to be eligible under subsection (a).
[(3) The enrollment of a member under this section may be
terminated on the basis of failure to pay the premium charged
the member under this section.
[(h) Relationship to Transition TRICARE Coverage Upon
Separation From Active Duty.--(1) A member may not enroll in
the TRICARE program under this section while entitled to
transitional health care under subsection (a) of section 1145
of this title or while authorized to receive health care under
subsection (c) of such section.
[(2) A member who enrolls in the TRICARE program under this
section within 90 days after the date of the termination of the
member's entitlement or eligibility to receive health care
under subsection (a) or (c) of section 1145 of this title may
terminate the enrollment at any time within one year after the
date of the enrollment.
[(i) Certification of Noncoverage by Other Health Benefits
Plan.--The Secretary of Defense may require a member to submit
any certification that the Secretary considers appropriate to
substantiate the member's assertion that the member is not
covered for health care benefits under any other health
benefits plan.
[(j) Eligible Unemployment Compensation Recipient
Defined.--In this section, the term ``eligible unemployment
compensation recipient'' means, with respect to any month, any
individual who is determined eligible for any day of such month
for unemployment compensation under State law (as defined in
section 205(9) of the Federal-State Extended Unemployment
Compensation Act of 1970), including Federal unemployment
compensation laws administered through the State.
[(k) Regulations.--The Secretary of Defense, in
consultation with the other administering Secretaries, shall
prescribe regulations for the administration of this section.
[(l) Termination of Authority.--An enrollment in TRICARE
under this section may not continue after December 31, 2004.]
Sec. 1076b. TRICARE demonstration project: coverage for members of the
Ready Reserve
(a) In General.--(1) The Secretary of Defense shall conduct
a demonstration project beginning in fiscal year 2005 to test
whether TRICARE coverage for certain Ready Reserve members and
their families enhances medical readiness and retention of such
members.
(2) Under the demonstration project required by paragraph
(1), within the scope of the project, as established by the
Secretary, members of the Ready Reserve may be allowed to
enroll for coverage under the TRICARE Standard option of the
TRICARE program and receive benefits under such enrollment for
any period that the member--
(A) is not eligible for health care benefits under
an employer-sponsored health benefits plan; and
(B) either--
(i) is not on active duty; or
(ii) is on active duty but under a call or
order to active duty for a period of 30 days or
less.
(3) A member allowed to enroll in TRICARE Standard under
the demonstration project may enroll for self-only coverage or
self and family coverage.
(b) Scope of Coverage .--A member and the dependents of a
member enrolled in TRICARE Standard under this section shall be
entitled to the same benefits and shall pay the same charges as
are provided under section 1079 of this title.
(c) Premiums.--(1) The Secretary of Defense shall charge
premiums for coverage pursuant to enrollments under this
section. The Secretary shall prescribe a premium for self only
coverage and a premium for self and family coverage.
(2) The monthly amount of the premium in effect for a month
for a type of coverage under this section shall be the amount
equal to 28 percent of the total amount determined by the
Secretary on an appropriate actuarial basis as being reasonable
for the coverage.
(3) The premiums payable by a member under this subsection
may be deducted and withheld from basic pay payable to the
member under section 204 of title 37 or from compensation
payable to the member under section 206 of such title. The
Secretary shall prescribe the requirements and procedures
applicable to the payment of premiums by members not entitled
to such basic pay or compensation.
(4) Amounts collected as premiums under this subsection
shall be credited to the appropriation available for the
Defense Health Program Account under section 1100 of this
title, shall be merged with sums in such Account that are
available for the fiscal year in which collected, and shall be
available under subparagraph (B) of such section for such
fiscal year.
(d) Conditions of Eligibility.--(1) The Secretary of
Defense may establish other conditions of eligibility,
including requiring a member to submit any certification that
the Secretary considers appropriate to substantiate the
member's assertion that the member is not eligible for health
care benefits under any other health benefits plan.
(2) In the case of any member who is self-employed and not
eligible for coverage under any other employer-sponsored health
benefits plan, the member shall not be considered eligible to
enroll under this section if the member's income in the prior
calendar year exceeded $40,000.
(e) Scope and Terms of Demonstration Project.--The
geographic scope and priorities for enrollment under the
demonstration program, if any, shall be established by the
Secretary of Defense. The Secretary may establish such other
terms and conditions for the demonstration project required by
subsection (a) as the Secretary determines appropriate to
accomplish its purposes.
(f) Termination of Authority.--An enrollment in TRICARE
under this section may not continue after December 31, 2007.
(g) Evaluation of Demonstration and Report to Congress.--
Not later than March 1, 2007, the Secretary shall provide to
Congress a report on the results of the demonstration project
required by this section. Such report shall include an analysis
of the impact of the demonstration on medical readiness and
retention of the members who enrolled, an assessment of the
costs and benefits of any improvements in medical readiness or
retention, and recommendations concerning TRICARE Standard
coverage for Ready Reserve members.
(h) Definition.--In this section, the term ``TRICARE
Standard'' means the option of the TRICARE program that is also
known as the Civilian Health and Medical Program of the
Uniformed Services, as defined in section 1072(4) of this
title.
Sec. 1076c. Dental insurance plan: certain retirees and their surviving
spouses and other dependents
(a) * * *
* * * * * * *
(b) Persons Eligible for Plan.--The following persons are
eligible to enroll in the dental insurance plan established
under subsection (a):
(1) * * *
* * * * * * *
(6) A person who--
(i) is an unremarried former spouse of a
member described in paragraph (1) or (2);
(i) is described in section 1072(2)(F)(i)
of this title; and
(ii) does not have dental coverage under an
employer-sponsored health plan.
* * * * * * *
Sec. 1077. Medical care for dependents: authorized care in facilities
of uniformed services
(a) * * *
* * * * * * *
(c)[A] (1) Except as provided in paragraph (2), a dependent
participating under a dental plan established under section
1076a of this title may not be provided dental care under
section 1076(a) of this title except for emergency dental care,
dental care provided outside the United States, and dental care
that is not covered by such plan.
(2)(A) Dependents who have not attained age 13 and who are
participating under a dental plan established under section
1076a of this title may be treated by post-graduate dental
students in eligible dental treatment facilities if--
(i)(I) treatment of pediatric dental patients is
required to comply with American Dental Association
accreditation standards; or
(II) pediatric dental training is required to
enable post-graduate dental students to provide dental
care for such dependents outside the United States; and
(ii) there are insufficient numbers of children
eligible to be provided dental care under section
1076(a) of this title to meet such standards or
training requirements.
(B) The total number of dependents who may be treated under
this paragraph may not exceed 2,000 in any fiscal year.
(C) In this paragraph, an eligible dental treatment
facility is a dental treatment facility with a post-graduate
dental education program accredited by the American Dental
Association.
* * * * * * *
Sec. 1079. Contracts for medical care for spouses and children: plans
(a) * * *
* * * * * * *
(h)(1) * * *
* * * * * * *
(4)(A) * * *
* * * * * * *
(C) In the case of services billed to a dependent referred
to in subsection (a) of a member of a reserve component who is
ordered to active duty for a period of more than 30 days in
support of a contingency operation under a provision of law
referred to in section 101(a)(13)(B) of this title, the
regulations shall provide that, in addition to amounts
otherwise payable by the United States, the Secretary may pay
the amount referred to in subparagraph (B)(i) for the services.
* * * * * * *
(p)(1) * * *
* * * * * * *
(4) The Secretary of Defense may provide for coverage of a
dependent referred to in subsection (a) who is not described in
paragraph (3) if the Secretary determines that exceptional
circumstances warrant such coverage.
[(4)] (5) The Secretary of Defense shall consult with the
other administering Secretaries in the administration of this
subsection.
* * * * * * *
Sec. 1095d. TRICARE program: waiver of certain deductibles
(a) Waiver Authorized.--The Secretary of Defense may waive
the deductible payable for medical care provided under the
TRICARE program to an eligible dependent of--
(1) a member of a reserve component on active duty
pursuant to a call or order to active duty for a period
of [less than one year] more than 30 days; or
(2) a member of the National Guard on full-time
National Guard duty pursuant to a call or order to
full-time National Guard duty for a period of [less
than one year] more than 30 days.
* * * * * * *
Sec. 1096. Military-civilian health services partnership program
(a) * * *
* * * * * * *
(c) Computation of Charges.--A covered beneficiary who is a
dependent, with respect to care provided to such beneficiary in
facilities of the uniformed services under a sharing agreement
entered into under subsection (a), [shall pay--
[(1) in the case of a dependent, the charges
prescribed by section 1078 of this title; and
[(2) in the case of a member or former member
entitled to retired or retainer pay, the charges
prescribed by section 1075 of this title.] shall pay
the charges prescribed by section 1078 of this title.
* * * * * * *
Sec. 1108. Health care coverage through Federal Employees Health
Benefits program: demonstration project
(a) * * *
* * * * * * *
(e) Prohibition Against Use of MTFs and Enrollment Under
TRICARE.--Covered beneficiaries under this chapter who are
provided coverage under the demonstration project shall not be
eligible to receive care at a military medical treatment
facility or to enroll in a [heath] health care plan under the
TRICARE program.
* * * * * * *
CHAPTER 56--DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH CARE
FUND
* * * * * * *
Sec. 1111. Establishment and purpose of Fund; definitions; authority to
enter into agreements
(a) * * *
* * * * * * *
(c) The Secretary of Defense shall enter into an agreement
with each other administering Secretary (as defined in section
1072(3) of this title) for participation in the Fund by a
uniformed service under the jurisdiction of that Secretary. The
agreement shall require that Secretary to determine
contributions to the Fund on behalf of the members of the
uniformed service under the jurisdiction of that Secretary in a
manner comparable to the determination with respect to
contributions to the Fund made by the Secretary of Defense
under section [1116 of this title, and such administering
Secretary may make such contributions.] 1115(b) of this title,
and such contributions shall be paid into the Fund as provided
in section 1116(a).
* * * * * * *
Sec. 1115. Determination of contributions to the Fund
(a) The Board shall determine the amount that is the
present value (as of October 1, 2002) of future benefits
payable from the Fund that are attributable to service in the
participating uniformed services performed before October 1,
2002. That amount is the original unfunded liability of the
Fund. The Board shall determine the period of time over which
the original unfunded liability should be liquidated and shall
determine an amortization schedule for the liquidation of such
liability over that period. Contributions to the Fund for the
liquidation of the original unfunded liability in accordance
with such schedule shall be made as provided in section
[1116(c)] 1116 of this title.
(b)[(1) The Secretary of Defense shall determine each year,
in sufficient time for inclusion in budget requests for the
following fiscal year, the total amount of Department of
Defense contributions to be made to the Fund during that fiscal
year under section 1116(a) of this title.] The Secretary of
Defense shall determine, before the beginning of each fiscal
year after September 30, 2005, the total amount of the
Department of Defense contribution to be made to the Fund for
that fiscal year for purposes of section 1116(b)(2). That
amount shall be the sum of the following:
[(A)] (1) The product of--
[(i)] (A) the current estimate of the value
of the single level dollar amount to be
determined under subsection (c)(1)(A) at the
time of the next actuarial valuation under
subsection (c); and
[(ii)] (B) the expected average force
strength during that fiscal year for members of
the uniformed services under the jurisdiction
of the Secretary of Defense on active duty
(other than active duty for training) and full-
time National Guard duty (other than full-time
National Guard duty for training only).
[(B)] (2) The product of--
[(i)] (A) the current estimate of the value
of the single level dollar amount to be
determined under subsection (c)(1)(B) at the
time of the next actuarial valuation under
subsection (c); and
[(ii)] (B) the expected average force
strength during that fiscal year for members of
the Ready Reserve of the uniformed services
under the jurisdiction of the Secretary of
Defense (other than members on full-time
National Guard duty other than for training)
who are not otherwise described in
[subparagraph (A)(ii)] paragraph (1)(B).
[(2) The amount determined under paragraph (1) for any
fiscal year is the amount needed to be appropriated to the
Department of Defense (or to the other executive department
having jurisdiction over the participating uniformed service)
for that fiscal year for payments to be made to the Fund during
that year under section 1116(a) of this title. The President
shall include not less than the full amount so determined in
the budget transmitted to Congress for that fiscal year under
section 1105 of title 31. The President may comment and make
recommendations concerning any such amount.]
(c)(1) Not less often than every four years, the Secretary
of Defense shall carry out an actuarial valuation of the Fund.
Each such actuarial valuation shall include--
(A) * * *
* * * * * * *
Such single level dollar amounts shall be used for the purposes
of subsection (b) [and section 1116(a) of this title]. The
Secretary of Defense may determine a separate single level
dollar amount under subparagraph (A) or (B) for any
participating uniformed service, if, in the judgment of the
Secretary, such a determination would produce a more accurate
and appropriate actuarial valuation for that uniformed service.
* * * * * * *
(5) Contributions to the Fund in accordance with
amortization schedules under paragraphs (2), (3), and (4) shall
be made as provided in section [1116(c)] 1116 of this title.
* * * * * * *
[Sec. 1116. Payments into the Fund
[(a) The Secretary of Defense shall pay into the Fund at
the end of each month as the Department of Defense contribution
to the Fund for that month the amount that, subject to
subsection (b), is the sum of the following:
[(1) The product of--
[(A) the monthly dollar amount determined
using all the methods and assumptions approved
for the most recent (as of the first day of the
current fiscal year) actuarial valuation under
section 1115(c)(1)(A) of this title (except
that any statutory change in the uniformed
services retiree health care programs for
medicare-eligible beneficiaries that is
effective after the date of that valuation and
on or before the first day of the current
fiscal year shall be used in such
determination); and
[(B) the total end strength for that month
for members of the uniformed services under the
jurisdiction of the Secretary of Defense on
active duty (other than active duty for
training) and full-time National Guard duty
(other than full-time National Guard duty for
training only).
[(2) The product of--
[(A) the level monthly dollar amount
determined using all the methods and
assumptions approved for the most recent (as of
the first day of the current fiscal year)
actuarial valuation under section 1115(c)(1)(B)
of this title (except that any statutory change
in the uniformed services retiree health care
programs for medicare-eligible beneficiaries
that is effective after the date of that
valuation and on or before the first day of the
current fiscal year shall be used in such
determination); and
[(B) the total end strength for that month
for members of the Ready Reserve of the
uniformed services under the jurisdiction of
the Secretary of Defense other than members on
full-time National Guard duty (other than for
training) who are not otherwise described in
paragraph (1)(B).
[(b) If an actuarial valuation referred to in paragraph (1)
or (2) of subsection (a) has been calculated as a separate
single level dollar amount for a participating uniformed
service under section 1115(c)(1) of this title, the
administering Secretary for the department in which such
uniformed service is operating shall calculate the amount under
such paragraph separately for such uniformed service. If the
administering Secretary is not the Secretary of Defense, the
administering Secretary shall notify the Secretary of Defense
of the amount so calculated. To determine a single amount for
the purpose of paragraph (1) or (2) of subsection (a), as the
case may be, the Secretary of Defense shall aggregate the
amount calculated under this subsection for a uniformed service
for the purpose of such paragraph with the amount or amounts
calculated (whether separately or otherwise) for the other
uniformed services for the purpose of such paragraph.
[(c)(1) At the beginning of each fiscal year the Secretary
of the Treasury shall promptly pay into the Fund from the
General Fund of the Treasury the amount certified to the
Secretary by the Secretary of Defense under paragraph (3). Such
payment shall be the contribution to the Fund for that fiscal
year required by sections 1115(a) and 1115(c) of this title.
[(2) At the beginning of each fiscal year the Secretary of
Defense shall determine the sum of the following:
[(A) The amount of the payment for that year under
the amortization schedule determined by the Board of
Actuaries under section 1115(a) of this title for the
amortization of the original unfunded liability of the
Fund.
[(B) The amount (including any negative amount) for
that year under the most recent amortization schedule
determined by the Secretary of Defense under section
1115(c)(2) of this title for the amortization of any
cumulative unfunded liability (or any gain) to the Fund
resulting from changes in benefits.
[(C) The amount (including any negative amount) for
that year under the most recent amortization schedule
determined by the Secretary of Defense under section
1115(c)(3) of this title for the amortization of any
cumulative actuarial gain or loss to the Fund resulting
from actuarial assumption changes.
[(D) The amount (including any negative amount) for
that year under the most recent amortization schedule
determined by the Secretary of Defense under section
1115(c)(4) of this title for the amortization of any
cumulative actuarial gain or loss to the Fund resulting
from actuarial experience.
[(3) The Secretary of Defense shall promptly certify the
amount determined under paragraph (2) each year to the
Secretary of the Treasury.
[(d) Amounts paid into the Fund under subsection (a) shall
be paid from funds available for the pay of members of the
participating uniformed services under the jurisdiction of the
respective administering Secretaries.]
Sec. 1116. Payments into the Fund
(a) At the beginning of each fiscal year after September
30, 2005, the Secretary of the Treasury shall promptly pay into
the Fund from the General Fund of the Treasury--
(1) the amount certified to the Secretary by the
Secretary of Defense under subsection (c), which shall
be the contribution to the Fund for that fiscal year
required by section 1115; and
(2) the amount determined by each administering
Secretary under section 1111(c) as the contribution to
the Fund on behalf of the members of the uniformed
services under the jurisdiction of that Secretary.
(b) At the beginning of each fiscal year, the Secretary of
Defense shall determine the sum of the following:
(1) The amount of the payment for that year under
the amortization schedule determined by the Board of
Actuaries under section 1115(a) of this title for the
amortization of the original unfunded liability of the
Fund.
(2) The amount (including any negative amount) of
the Department of Defense contribution for that year as
determined by the Secretary of Defense under section
1115(b) of this title.
(3) The amount (including any negative amount) for
that year under the most recent amortization schedule
determined by the Secretary of Defense under section
1115(c)(2) of this title for the amortization of any
cumulative unfunded liability (or any gain) to the Fund
resulting from changes in benefits.
(4) The amount (including any negative amount) for
that year under the most recent amortization schedule
determined by the Secretary of Defense under section
1115(c)(3) of this title for the amortization of any
cumulative actuarial gain or loss to the Fund resulting
from actuarial assumption changes.
(5) The amount (including any negative amount) for
that year under the most recent amortization schedule
determined by the Secretary of Defense under section
1115(c)(4) of this title for the amortization of any
cumulative actuarial gain or loss to the Fund resulting
from actuarial experience.
(c) The Secretary of Defense shall promptly certify the
amount determined under subsection (b) each year to the
Secretary of the Treasury.
* * * * * * *
CHAPTER 57--DECORATIONS AND AWARDS
Sec.
1121. Legion of Merit: award.
* * * * * * *
1134. Joint professional military education ribbon: award.
1134. Civilian medals or decorations of the Department of Defense.
* * * * * * *
Sec. 1134. Joint professional military education ribbon: award
(a) JPME I.--The Secretary of Defense may award a ribbon,
of appropriate design, as approved by the Secretary, to any
person who successfully completes a program of instruction
approved by the Secretary as qualifying for credit as the Joint
Professional Military Education Phase I program of instruction.
(b) JPME II.--The Secretary of Defense may award a device,
of appropriate design, as approved by the Secretary, for wear
with the ribbon awarded under subsection (a), to any person who
successfully completes a program of instruction approved by the
Secretary as qualifying for credit as the Joint Professional
Military Education Phase II course of instruction.
Sec. 1134. Civilian medals or decorations of the Department of Defense
(a) Prohibition.--Except with the written permission of the
Secretary of Defense or when authorized by regulations, no
person may knowingly--
(1) wear; or
(2) use, in connection with any merchandise, retail
product, impersonation, solicitation, or commercial
activity;
medals, decorations, or other insignia awarded by the Secretary
of Defense to recognize Department of Defense civilian
employees and other individuals who render service to the
Department of Defense.
(b) Authority To Enjoin Violations.--Whenever it appears to
the Attorney General that any person is engaged or is about to
engage in an act or practice which constitutes or will
constitute conduct prohibited by subsection (a), the Attorney
General may initiate a civil proceeding in a district court of
the United States to enjoin such act or practice. Such court
shall proceed as soon as practicable to the hearing and
determination of such action and may, at any time before final
determination, enter such restraining orders or prohibitions,
or take such other actions as is warranted, including imposing
a civil penalty not to exceed $25,000 for each violation, to
prevent injury to the United States or to any person or class
of persons for whose protection the action is brought.
CHAPTER 58--BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR
RECENTLY SEPARATED
* * * * * * *
Sec. 1145. Health benefits
(a) Transitional Health Care.--(1) * * *
* * * * * * *
[(3) Transitional health care shall be available under
subsection (a) for a specified time period beginning on the
date on which the member is separated as follows:
[(A) For members separated with less than six years
of active service, 60 days.
[(B) For members separated with six or more years
of active service, 120 days.]
(3) Transitional health care shall be available under this
subsection for a period beginning on the date on which the
member is separated from active duty and ending on the earlier
of--
(A) 180 days after the date on which the member is
separated from active duty; or
(B) the date on which the member and dependents of
the member are covered by a health plan sponsored by an
employer.
* * * * * * *
CHAPTER 61--RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
Sec.
1201. Regulars and members on active duty for more than 30 days:
retirement.
* * * * * * *
1206a. Reserve component members unable to perform duties when ordered
to active duty: disability system processing.
* * * * * * *
[1217. Cadets, midshipmen, and aviation cadets: chapter does not
apply to.]
1217. Cadets, midshipmen, and aviation cadets: applicability of
chapter.
* * * * * * *
Sec. 1206a. Reserve component members unable to perform duties when
ordered to active duty: disability system
processing
(a) Members Released From Active Duty Within 30 Days.--A
member of a reserve component who is ordered to active duty for
a period of more than 30 days and is released from active duty
within 30 days of commencing such period of active duty for a
reason stated in subsection (b) shall be considered for all
purposes under this chapter to have been serving under an order
to active duty for a period of 30 days or less.
(b) Applicable Reasons for Release.--Subsection (a) applies
in the case of a member released from active duty because of a
failure to meet--
(1) physical standards for retention; or
(2) medical or dental standards for deployment due
to a preexisting condition not aggravated during the
period of active duty.
(c) Savings Provision for Medical Care Provided While on
Active Duty.--Notwithstanding subsection (a), any benefit under
chapter 55 of this title received by a member described in
subsection (a) or a dependent of such member before or during
the period of active duty shall not be subject to recoupment or
otherwise affected.
* * * * * * *
[Sec. 1217. Cadets, midshipmen, and aviation cadets: chapter does not
apply to
[This chapter does not apply to cadets at the United States
Military Academy, the United States Air Force Academy, or the
Coast Guard Academy, or to midshipmen of the Navy.]
Sec. 1217. Cadets, midshipmen, and aviation cadets: applicability of
chapter
(a) This chapter applies to cadets at the United States
Military Academy, the United States Air Force Academy, and the
United States Coast Guard Academy and midshipmen of the Navy,
but only with respect to physical disabilities incurred after
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2005.
(b) Monthly cadet pay and monthly midshipman pay under
section 203(c) of title 37 shall be considered to be basic pay
for purposes of this chapter and the computation of retired pay
and severance and separation pay to which entitlement is
established under this chapter.
* * * * * * *
CHAPTER 63--RETIREMENT FOR AGE
* * * * * * *
Sec. 1251. Age 62: regular commissioned officers; exceptions
(a) * * *
(b) Notwithstanding subsection (a), the President may defer
the retirement of an officer serving in a position that carries
a grade above major general or rear admiral, but such a
deferment may not extend beyond the first day of the month
following the month in which the officer becomes [64] 66 years
of age. Not more than ten deferments of retirement under this
subsection may be in effect at any one time.
* * * * * * *
CHAPTER 69--RETIRED GRADE
* * * * * * *
Sec. 1370. Commissioned officers: general rule; exceptions
(a) Rule for Retirement in Highest Grade Held
Satisfactorily.--(1) Unless entitled to a higher retired grade
under some other provision of law, a commissioned officer
(other than a commissioned warrant officer) of the Army, Navy,
Air Force, or Marine Corps who retires under any provision of
law other than chapter 61 or chapter 1223 of this title shall,
[except as provided in paragraph (2)] subject to paragraphs (2)
and (3), be retired in the highest grade in which he served on
active duty satisfactorily, as determined by the Secretary of
the military department concerned[, for not less than six
months].
[(2)(A) In order to be eligible for voluntary retirement
under any provision of this title in a grade above major or
lieutenant commander, a commissioned officer of the Army, Navy,
Air Force, or Marine Corps must have served on active duty in
that grade for not less than three years, except that the
Secretary of Defense may authorize the Secretary of a military
department to reduce such period to a period not less than two
years.
[(B) In the case of an officer to be retired in a general
or flag officer grade, authority provided by the Secretary of
Defense to the Secretary of a military department under
subparagraph (A) may be exercised with respect to that officer
only if approved by the Secretary of Defense or another
civilian official in the Office of the Secretary of Defense
appointed by the President, by and with the advice and consent
of the Senate.
[(C) Authority provided by the Secretary of Defense to the
Secretary of a military department under subparagraph (A) may
be delegated within that military department only to a civilian
official of that military department appointed by the
President, by and with the advice and consent of the Senate.
[(D) The President may waive subparagraph (A) in individual
cases involving extreme hardship or exceptional or unusual
circumstances. The authority of the President under the
preceding sentence may not be delegated.
[(E) In the case of a grade below the grade of lieutenant
general or vice admiral, the number of members of one of the
armed forces in that grade for whom a reduction is made during
any fiscal year in the period of service-in-grade otherwise
required under this paragraph may not exceed the number equal
to two percent of the authorized active-duty strength for that
fiscal year for officers of that armed force in that grade.]
(2) In order to be eligible for voluntary retirement under
this title in a grade below the grade of lieutenant colonel or
commander, a commissioned officer of the Army, Navy, Air Force,
or Marine Corps covered by paragraph (1) must have served on
active duty in that grade for not less than six months.
(3)(A) In order to be eligible for voluntary retirement in
a grade above major or lieutenant commander and below brigadier
general or rear admiral (lower half), a commissioned officer of
the Army, Navy, Air Force, or Marine Corps covered by paragraph
(1) must have served on active duty in that grade for not less
than three years, except that the Secretary of Defense may
authorize the Secretary of the military department concerned to
reduce such period to a period not less than two years.
(B) In order to be eligible for voluntary retirement in a
grade above colonel or captain, in the case of the Navy, a
commissioned officer of the Army, Navy, Air Force, or Marine
Corps covered by paragraph (1) must have served on active duty
in that grade for not less than one year.
(C) An officer in a grade above major general or rear
admiral may be retired in the highest grade in which the
officer served on active duty satisfactorily for not less than
one year, upon approval by the Secretary of the military
department concerned and concurrence by the Secretary of
Defense. The function of the Secretary of Defense under the
preceding sentence may only be delegated to a civilian official
in the Office of the Secretary of Defense appointed by the
President, by and with the advice and consent of the Senate.
(D) The President may waive subparagraph (A), (B) or (C) in
individual cases involving extreme hardship or exceptional or
unusual circumstances. The authority of the President under the
preceding sentence may not be delegated.
[(3)] (4) A reserve or temporary officer who is notified
that he will be released from active duty without his consent
and thereafter requests retirement under section 3911, 6323, or
8911 of this title and is retired pursuant to that request is
considered for purposes of this section, to have been retired
involuntarily. An officer retired pursuant to section
1186(b)(1) of this title is considered for purposes of this
section to have been retired voluntarily.
(b) Retirement in Next Lower Grade.--An officer whose
length of service in the highest grade he held while on active
duty does not meet the service in grade requirements specified
in subsection (a) or whose service on active duty in that grade
was not determined to be satisfactory by the Secretary of the
military department concerned shall be retired in the next
lower grade in which he served on active duty satisfactorily,
as determined by the Secretary of the military department
concerned, for not less than six months.
[(c) Officers in O-9 and O-10 Grades.--(1)An officer who is
serving in or has served in the grade of general or admiral or
lieutenant general or vice admiral may be retired in that grade
under subsection (a) only after the Secretary of Defense
certifies in writing to the President and Congress that the
officer served on active duty satisfactorily in that grade.
[(2) In the case of an officer covered by paragraph (1),
the three-year service-in-grade requirement in paragraph (2)(A)
of subsection (a) may not be reduced or waived under that
subsection--
[(A) while the officer is under investigation for
alleged misconduct; or
[(B) while there is pending the disposition of an
adverse personnel action against the officer for
alleged misconduct.
[(3)(A) The Secretary of Defense may delegate authority to
make a certification with respect to an officer under paragraph
(1) only to the Under Secretary of Defense for Personnel and
Readiness or the Deputy Under Secretary of Defense for
Personnel and Readiness.
[(B) If authority is delegated under subparagraph (A) and,
in the course of consideration of an officer for a
certification under paragraph (1), the Under Secretary or (if
such authority is delegated to both the Under and Deputy Under
Secretary) the Deputy Under Secretary makes a determination
described in subparagraph (C) with respect to that officer, the
Under Secretary or Deputy Under Secretary, as the case may be,
may not exercise the delegated authority in that case, but
shall refer the matter to the Secretary of Defense, who shall
personally determine whether to issue a certification under
paragraph (1) with respect to that officer.
[(C) A determination referred to in subparagraph (B) is a
determination that there is potentially adverse information
concerning an officer and that such information has not
previously been submitted to the Senate in connection with the
consideration by the Senate of a nomination of that officer for
an appointment for which the advice and consent of the Senate
is required.]
[(d)] (c) Reserve Officers.--(1) * * *
* * * * * * *
(3)(A)(i) In order to be credited with satisfactory service
in an officer grade above major or lieutenant commander and
below brigadier general or rear admiral (lower half), a person
covered by paragraph (1) must have served satisfactorily in
that grade (as determined by the Secretary of the military
department concerned) as a reserve commissioned officer in an
active status, or in a retired status on active duty, for not
less than three years, except that the Secretary of Defense may
authorize the Secretary of the military department concerned to
reduce such period to a period not less than two years.
(ii) In order to be credited with satisfactory service in a
grade above colonel or captain, in the case of the Navy, a
person covered by paragraph (1) must have served satisfactorily
in that grade (as determined by the Secretary of the military
department concerned) as a reserve commissioned officer in
active status, or in a retired status on active duty, for not
less than one year.
(iii) An officer covered by paragraph (1) who is in a grade
above the grade of major general or rear admiral may be retired
in the highest grade in which the officer served satisfactorily
for not less than one year, upon approval by the Secretary of
the military department concerned and concurrence by the
Secretary of Defense. The function of the Secretary of Defense
under the preceding sentence may only be delegated to a
civilian official in the Office of the Secretary of Defense
appointed by the president, by and with the advice and consent
of the Senate.
* * * * * * *
(D) To the extent authorized by the Secretary of the
military department concerned, a person who, after having been
recommended for promotion in a report of a promotion board but
before being promoted to the recommended grade, served in a
position for which that grade is the minimum authorized grade
may be credited for purposes of subparagraph (A)(i) as having
served in that grade for the period for which the person served
in that position while in the next lower grade. The period
credited may not include any period before the date on which
the Senate provides advice and consent for the appointment of
that person in the recommended grade.
(E) To the extent authorized by the Secretary of the
military department concerned, a person who, after having been
found qualified for Federal recognition in a higher grade by a
board under section 307 of title 32, serves in a position for
which that grade is the minimum authorized grade and is
appointed as a reserve officer in that grade may be credited
for the purposes of subparagraph (A)(i) as having served in
that grade. The period of the service for which credit is
afforded under the preceding sentence may only be the period
for which the person served in the position after the Senate
provides advice and consent for the appointment.
[(F) A person covered by subparagraph (A) who has completed
at least six months of satisfactory service in a grade above
colonel or (in the case of the Navy) captain and, while serving
in an active status in such grade, is involuntarily transferred
(other than for cause) from active status may be credited with
satisfactory service in the grade in which serving at the time
of such transfer, notwithstanding failure of the person to
complete three years of service in that grade.]
* * * * * * *
[(5)(A) The Secretary of Defense may authorize the
Secretary of a military department to reduce the 3-year period
required by paragraph (3)(A) to a period not less than two
years.
[(B) In the case of a person who, upon transfer to the
Retired Reserve or discharge, is to be credited with
satisfactory service in a general or flag officer grade under
paragraph (1), authority provided by the Secretary of Defense
to the Secretary of a military department under subparagraph
(A) may be exercised with respect to that person only if
approved by the Secretary of Defense or another civilian
official in the Office of the Secretary of Defense appointed by
the President, by and with the advice and consent of the
Senate.
[(C) Authority provided by the Secretary of Defense to the
Secretary of a military department under subparagraph (A) may
be delegated within that military department only to a civilian
official of that military department appointed by the
President, by and with the advice and consent of the Senate.
[(6) The number of reserve commissioned officers of an
armed force in the same grade for whom a reduction is made
during any fiscal year in the period of service-in-grade
otherwise required under paragraph (5) may not exceed the
number equal to 2 percent of the strength authorized for that
fiscal year for reserve commissioned officers of that armed
force in an active status in that grade.
[(e) Advance Notice to Congressional Committees.--(1) In
the case of an officer to be retired in a grade that is a
general or flag officer grade who is eligible to retire in that
grade only by reason of an exercise of authority under
paragraph (2) of subsection (a) to reduce the three-year
service-in-grade requirement otherwise applicable under that
paragraph, the Secretary of Defense, before the officer is
retired in that grade, shall notify the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives of the exercise of authority under
that paragraph with respect to that officer.
[(2) In the case of a person to be credited under
subsection (d) with satisfactory service in a grade that is a
general or flag officer grade who is eligible to be credited
with such service in that grade only by reason of an exercise
of authority under paragraph (5) of that subsection to reduce
the three-year service-in-grade requirement otherwise
applicable under paragraph (3)(A) of that subsection, the
Secretary of Defense, before the person is credited with such
satisfactory service in that grade, shall notify the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives of the exercise of
authority under paragraph (5) of that subsection with respect
to that officer.
[(3) In the case of an officer to whom subsection (c)
applies, the requirement for notification under paragraph (1)
is satisfied if the notification is included in the
certification submitted with respect to that officer under
paragraph (1) of such subsection.]
* * * * * * *
CHAPTER 71--COMPUTATION OF RETIRED PAY
* * * * * * *
Sec. 1406. Retired pay base for members who first became members before
September 8, 1980: final basic pay
(a) * * *
* * * * * * *
(g) Commissioned Corps of National Oceanic and Atmospheric
Administration.--In the case of an officer whose retired pay is
computed under section [305] 245 of the National Oceanic and
Atmospheric Administration Commissioned Officers Act of 2002
(33 U.S.C. 3045), the retired pay base is the basic pay of the
rank with which the officer retired.
* * * * * * *
(i) Special Rule for Former Chairmen and Vice Chairmen of
the JCS, Chiefs of Service, Commanders of Combatant Commands,
and Senior Enlisted Members.--
(1) * * *
(2) Exception for [members reduced in grade or who
do not serve satisfactorily] enlisted members reduced
in grade.--Paragraph (1) does not apply in the case of
[a member] an enlisted member who, while or after
serving in a position specified in that paragraph and
by reason of conduct occurring after October 16,
[1998--
[(A) in the case of an enlisted member, is
reduced in] 1998, is reduced in grade as the
result of a court-martial sentence, nonjudicial
punishment, or other administrative process[;
or].
[(B) in the case an officer, is not
certified by the Secretary of Defense under
section 1370(c) of this title as having served
on active duty satisfactorily in the grade of
general or admiral, as the case may be, while
serving in that position.]
* * * * * * *
CHAPTER 73--ANNUITIES BASED ON RETIRED OR RETAINER PAY
Subchapter Sec.
Retired Serviceman's Family Protection Plan...................1431
* * * * * * *
Supplemental Survivor Benefit Plan...........................1456]
* * * * * * *
SUBCHAPTER II--SURVIVOR BENEFIT PLAN
* * * * * * *
Sec. 1448. Application of Plan
(a) * * *
(b) Insurable Interest and Former Spouse Coverage.--
(1) Coverage for person with insurable interest.--
(A) * * *
* * * * * * *
(F) Vitiation of election by disability
retiree who dies of disability-related cause.--
If a member retired [on or after the date of
the enactment of the National Defense
Authorization Act for Fiscal Year 2004] after
November 23, 2003, under chapter 61 of this
title dies within one year after the date on
which the member is so retired and the cause of
death is related to a disability for which the
member was retired under that chapter (as
determined under regulations prescribed by the
Secretary of Defense)--
(i) * * *
* * * * * * *
(d) Coverage for Survivors of Members Who Die on Active
Duty.--
(1) * * *
(2) Dependent children.--
(A) * * *
(B) Optional annuity when there is an
eligible surviving spouse.--In the case of a
member described in paragraph (1) who dies [on
or after the date of the enactment of the
National Defense Authorization Act for Fiscal
Year 2004] after November 23, 2003, and for
whom there is a surviving spouse eligible for
an annuity under paragraph (1), the Secretary
may pay an annuity under this subchapter to the
member's dependent children under section
1450(a)(3) of this title, if applicable,
instead of paying an annuity to the surviving
spouse under paragraph (1), if the Secretary
concerned, in consultation with the surviving
spouse, determines it appropriate to provide an
annuity for the dependent children under this
paragraph instead of an annuity for the
surviving spouse under paragraph (1).
* * * * * * *
(6) Deemed election.--
(A) Annuity for dependent.--In the case of
a member described in paragraph (1) who dies
[on or after the date of the enactment of the
National Defense Authorization Act for Fiscal
Year 2004] after November 23, 2003,, the
Secretary concerned may, if no other annuity is
payable on behalf of the member under this
subchapter, pay an annuity to a natural person
who has an insurable interest in such member as
if the annuity were elected by the member under
subsection (b)(1). The Secretary concerned may
pay such an annuity under this paragraph only
in the case of a person who is a dependent of
that member (as defined in section 1072(2) of
this title).
* * * * * * *
Sec. 1451. Amount of annuity
(a) Computation of Annuity for a Spouse, Former Spouse, or
Child.--
(1) Standard annuity.--In the case of a standard
annuity provided to a beneficiary under section 1450(a)
of this title (other than under section 1450(a)(4)),
the monthly annuity payable to the beneficiary shall be
determined as follows:
(A) * * *
(B) Beneficiary 62 years of age or older.--
(i) General rule.--If the
beneficiary (other than a dependent
child) is 62 years of age or older when
becoming entitled to the annuity, the
monthly annuity shall be the amount
equal to [35 percent of the base
amount.] the product of the base amount
and the percent applicable to the
month, as follows:
(I) For a month before October
2005, the applicable percent is 35
percent.
(II) For months after September
2005 and before April 2006, the
applicable percent is 40 percent.
(III) For months after March 2006
and before April 2007, the applicable
percent is 45 percent.
(IV) For months after March 2007
and before April 2008, the applicable
percent is 50 percent.
(V) For months after March 2008,
the applicable percent is 55 percent.
(ii) Rule if beneficiary eligible
for social security offset
computation.--If the beneficiary is
eligible to have the annuity computed
under subsection (e) and if[, at the
time the beneficiary becomes entitled
to the annuity,] computation of the
annuity under that subsection is more
favorable to the beneficiary than
computation under clause (i), the
annuity shall be computed under that
subsection rather than under clause
(i).
(2) Reserve-component annuity.--In the case of a
reserve-component annuity provided to a beneficiary
under section 1450(a) of this title (other than under
section 1450(a)(4)), the monthly annuity payable to the
beneficiary shall be determined as follows:
(A) * * *
(B) Beneficiary 62 years of age or older.--
(i) General rule.--If the
beneficiary (other than a dependent
child) is 62 years of age or older when
becoming entitled to the annuity, the
monthly annuity shall be the amount
equal to a percentage of the base
amount that--
(I) is less than [35
percent] the percent specified
under subsection (a)(1)(B)(i)
as being applicable for the
month; and
* * * * * * *
(c) Annuities for Survivors of Certain Persons Dying During
a Period of Special Eligibility for SBP.--
(1) In general.--In the case of an annuity provided
under section 1448(d) or 1448(f) of this title, the
amount of the annuity shall be determined as follows:
(A) * * *
(B) Beneficiary 62 years of age or older.--
(i) General rule.--If the person
receiving the annuity (other than a
dependent child) is 62 years of age or
older when the member or former member
dies, the monthly annuity shall be the
amount equal to [35 percent] the
applicable percent of the retired pay
to which the member or former member
would have been entitled as determined
under subparagraph (A). The percent
applicable for a month under the
preceding sentence is the percent
specified under subsection (a)(1)(B)(i)
as being applicable for that month.
(ii) Rule if beneficiary eligible
for social security offset
computation.--If the beneficiary is
eligible to have the annuity computed
under subsection (e) and if[, at the
time the beneficiary becomes entitled
to the annuity,] computation of the
annuity under that subsection is more
favorable to the beneficiary than
computation under clause (i), the
annuity shall be computed under that
subsection rather than under clause
(i).
* * * * * * *
(d) Reduction of Annuities at Age 62.--
(1) * * *
(2) Amount of annuity as reduced.--
(A) [35 percent annuity.--] Computation of
annuity.--Except as provided in subparagraph
(B), the reduced amount of the annuity shall be
the amount of the annuity that the person would
be receiving on that date if the annuity had
initially been computed under subparagraph (B)
of that subsection.
* * * * * * *
SUBCHAPTER III--SUPPLEMENTAL SURVIVOR BENEFIT PLAN
* * * * * * *
Sec. 1457. Supplemental spouse coverage: payment of annuity; amount
(a) * * *
(b) Amount of Annuity for Beneficiary of Person Providing
Standard Annuity Under SBP.--In the case of a person providing
a standard annuity for a spouse or former spouse beneficiary
under the Survivor Benefit Plan and providing a supplemental
spouse annuity for that beneficiary under this subchapter, the
monthly annuity payable to the beneficiary under this
subchapter shall be the amount equal to [5, 10, 15, or 20
percent] the applicable percent of the base amount under the
Survivor Benefit Plan of the person providing the annuity, as
specified by that person when electing to provide the annuity.
The percent used for the computation shall be an even multiple
of 5 percent and, whatever the percent specified in the
election, may not exceed 20 percent for months before October
2005, 15 percent for months after September 2005 and before
April 2006, 10 percent for months after March 2006 and before
April 2007, and 5 percent for months after March 2007 and
before April 2008. The annuity shall be computed as of the date
of the death of the person providing the annuity,
notwithstanding that the annuity is not payable at that time by
reason of subsection (a).
* * * * * * *
Sec. 1458. Supplemental spouse coverage: eligible participants;
elections of coverage
(a) * * *
* * * * * * *
(j) Vitiation of Election by Disability Retiree Who Dies of
Disability-Related Cause.--If a member retired [on or after the
date of the enactment of the National Defense Authorization Act
for Fiscal Year 2004] after November 23, 2003, under chapter 61
of this title dies within one year after the date on which the
member is so retired and the cause of death is related to a
disability for which the member was retired under that chapter
(as determined under regulations prescribed by the Secretary of
Defense)--
(1) * * *
* * * * * * *
[Effective April 1, 2008, subchapter III of chapter 73 is
repealed.]
[SUBCHAPTER III--SUPPLEMENTAL SURVIVOR BENEFIT PLAN
[Sec.
[1456. Supplemental spouse coverage: establishment of plan;
definitions.
[1457. Supplemental spouse coverage: payment of annuity; amount.
[1458. Supplemental spouse coverage: eligible participants; elections
of coverage.
[1459. Former spouse coverage: special rules.
[1460. Supplemental spouse coverage: reductions in retired pay.
[1460a. Incorporation of certain administrative provisions.
[1460b. Regulations.
[Sec. 1456. Supplemental spouse coverage: establishment of plan;
definitions
[(a) Establishment of Supplemental Survivor Benefit Plan.--
[(1) Plan.--The Secretary of Defense shall carry
out a program in accordance with this subchapter to
enable participants in the Survivor Benefit Plan who
are providing coverage for a spouse or former spouse
beneficiary under that Plan to also provide a
supplemental annuity for that spouse or former spouse
beginning when the participant dies or when the spouse
or former spouse becomes 62 years of age, whichever is
later, in order to offset the effects of the two-tier
annuity computation under the Survivor Benefit Plan.
[(2) Name of plan.--The program under this
subchapter shall be known as the Supplemental Survivor
Benefit Plan.
[(b) Definitions.--
[(1) Incorporation of definitions applicable to
survivor benefit plan.--The definitions in section 1447
of this title apply in this subchapter.
[(2) Supplemental spouse annuity defined.--In this
subchapter, the term ``supplemental spouse annuity''
means an annuity provided to a spouse or former spouse
under this subchapter.
[Sec. 1457. Supplemental spouse coverage: payment of annuity; amount
[(a) Commencement of Annuity.--A supplemental spouse
annuity commences on the later of--
[(1) the day on which an annuity under the Survivor
Benefit Plan becomes payable to the beneficiary; or
[(2) the first day of the first month after the
month in which the beneficiary becomes 62 years of age.
[(b) Amount of Annuity for Beneficiary of Person Providing
Standard Annuity Under SBP.--In the case of a person providing
a standard annuity for a spouse or former spouse beneficiary
under the Survivor Benefit Plan and providing a supplemental
spouse annuity for that beneficiary under this subchapter, the
monthly annuity payable to the beneficiary under this
subchapter shall be the amount equal to 5, 10, 15, or 20
percent of the base amount under the Survivor Benefit Plan of
the person providing the annuity, as specified by that person
when electing to provide the annuity. The annuity shall be
computed as of the date of the death of the person providing
the annuity, notwithstanding that the annuity is not payable at
that time by reason of subsection (a).
[(c) Amount of Annuity for Beneficiary of Person Providing
Reserve-Component Annuity Under SBP.--In the case of a person
providing a reserve-component annuity for a spouse or former
spouse beneficiary under the Survivor Benefit Plan and
providing a supplemental spouse annuity for that beneficiary
under this subchapter, the monthly annuity payable to that
beneficiary under this subchapter shall be determined as
follows:
[(1) Beneficiary initially 62 years of age or
older.--If the beneficiary is 62 years of age or older
when the beneficiary becomes entitled to the reserve-
component annuity under the Survivor Benefit Plan, the
monthly amount of the supplemental spouse annuity is
the difference between--
[(A) the amount of the reserve-component
annuity under the Survivor Benefit Plan to
which the beneficiary would be entitled if that
beneficiary were under 62 years of age (as
computed under section 1451(a)(2)(A) of this
title); and
[(B) the amount of the reserve-component
annuity to which the beneficiary is entitled
(as computed under section 1451(a)(2)(B) of
this title).
[(2) Beneficiary initially under 62 years of age.--
If the beneficiary is under 62 years of age when the
beneficiary becomes entitled to the reserve-component
annuity under the Survivor Benefit Plan, the monthly
amount of the supplemental spouse annuity of that
beneficiary (commencing on the date specified in
subsection (a)(2)) is the amount by which the
beneficiary's annuity under the Survivor Benefit Plan
is reduced (on the same day) under section 1451(d) of
this title.
[(3) Exclusion of dic offset.--Computations under
paragraphs (1) and (2) shall be made without regard to
any reduction required under section 1450(c) of this
title (or any other provision of law) with respect to
the receipt of dependency and indemnity compensation
under section 1311 of title 38.
[(d) Adjustments in Annuities.--
[(1) Periodic adjustments (colas).--Whenever
annuities under the Survivor Benefit Plan are increased
under section 1451(g)(1) of this title (or any other
provision of law) or recomputed under section 1451(i)
of this title, each annuity under this subchapter shall
be increased or recomputed at the same time. The
increase shall, in the case of any such annuity, be by
the same percent as the percent by which the annuity of
that beneficiary is increased or recomputed under the
Survivor Benefit Plan.
[(2) Rounding down.--The monthly amount of an
annuity payable under this subchapter, if not a
multiple of $1, shall be rounded to the next lower
multiple of $1.
[(e) Termination of Annuity.--A supplemental spouse annuity
terminates effective as of the first day of the month in which
the beneficiary dies or otherwise becomes ineligible to
continue to receive an annuity under the Survivor Benefit Plan.
[Sec. 1458. Supplemental spouse coverage: eligible participants;
elections of coverage
[(a) Coverage.--
[(1) In general.--A person who provides an annuity
for a spouse or former spouse under the Survivor
Benefit Plan at the maximum level may elect in
accordance with this section to provide a supplemental
spouse annuity for that spouse or former spouse.
[(2) Coverage contingent on concurrent sbp
coverage.--When a person providing a supplemental
spouse annuity under this subchapter ceases to be a
participant under the Survivor Benefit Plan, that
person's coverage under this subchapter automatically
terminates.
[(3) Elections to be voluntary.--A person may not
be ordered or required to elect (or to enter into an
agreement to elect) to provide a spouse or former
spouse with a supplemental spouse annuity under this
subchapter. Except as provided in section 1459(b) of
this title, in no case shall a person be deemed to have
made an election to provide a supplemental annuity for
a spouse or former spouse of such person.
[(b) Limitation on Eligibility for Certain SBP Participants
Not Affected by Two-Tier Annuity Computation.--A person is not
eligible to make an election under this section if (as
determined by the Secretary concerned) the annuity of a spouse
or former spouse beneficiary of that person under the Survivor
Benefit Plan will be computed under section 1451(e) of this
title. However, such a person may waive the right to have that
annuity computed under section 1451(e) of this title. Any such
election is irrevocable. A person making such a waiver may make
an election under this section as in the case of any other
participant in the Survivor Benefit Plan.
[(c) Election of Supplemental Spouse Annuity Before
Becoming a Participant in SBP.--
[(1) In general.--A person anticipating becoming a
participant in the Survivor Benefit Plan who has a
spouse or former spouse may elect to provide a
supplemental spouse annuity under this subchapter for
that spouse or former spouse.
[(2) Conditions on election.--An election under
paragraph (1)--
[(A) must be made before the day on which
the person making the election first becomes a
participant in the Survivor Benefit Plan; and
[(B) shall be made in the same manner as an
election under section 1448 of this title that
is available to that person at the same time.
[(3) Requirement of spouse annuity under sbp.--If
upon becoming a participant in the Survivor Benefit
Plan under section 1448 of this title the person is not
providing an annuity for the person's spouse or former
spouse, an election under this section to provide a
supplemental spouse annuity shall be void.
[(4) Special rule for rcsbp participants.--For the
purposes of this subsection, a person providing a
reserve-component annuity under the Survivor Benefit
Plan shall not be considered to have become a
participant in that Plan until the end of the 90-day
period referred to in clause (iii) of section
1448(a)(2)(B) of this title.
[(d) Election of Former Spouse After Becoming Eligible for
Survivor Benefit Plan.--
[(1) Election of coverage.--A person who elects
under section 1448(b)(3) of this title to provide
coverage under the Survivor Benefit Plan for a former
spouse may elect to provide a supplemental spouse
annuity for that former spouse. Any such election must
be signed by the person and received by the Secretary
concerned within one year after the date of the decree
of divorce, dissolution, or annulment.
[(2) Effective date of election.--An election under
paragraph (1) is effective as of the same day as the
election under section 1448(b)(3) of this title.
[(e) Notice to Spouse of Former Spouse Coverage.--If a
married person who is eligible to provide an annuity under the
Survivor Benefit Plan elects to provide an annuity under that
Plan for a former spouse (or for a former spouse and dependent
child) and elects under this section to provide a supplemental
spouse annuity for that former spouse, the notification to the
person's spouse under section 1448(a)(3)(E) or 1448(b)(3)(D) of
this title shall include notice of the election under this
section.
[(f) Irrevocability of Elections.--
[(1) Standard annuity.--An election under
subsection (c) to provide a supplemental spouse annuity
by a person providing a standard annuity under the
Survivor Benefit Plan is irrevocable if not revoked on
the day before the date on which the person first
becomes a participant in that Plan.
[(2) Reserve-component annuity.--An election under
subsection (c) to provide a supplemental spouse annuity
by a person providing a reserve-component annuity under
the Survivor Benefit Plan is irrevocable if not revoked
before the end of the 90-day period with respect to
that person referred to in clause (iii) of section
1448(a)(2)(B) of this title.
[(3) Former spouse elections.--An election under
subsection (d) may not be revoked except in accordance
with subsection (h).
[(g) Remarriage After Retirement.--
[(1) Election upon remarriage.--A person--
[(A) who is a participant in the Survivor
Benefit Plan and is providing coverage under
that Plan for a spouse (or a spouse and child)
but is not a participant in the Supplemental
Survivor Benefit Plan;
[(B) who does not have an eligible spouse
beneficiary under that Plan; and
[(C) who remarries,
may (subject to paragraph (2)) elect to provide a
supplemental spouse annuity under this subchapter for
the person's spouse.
[(2) Limitations on election.--A person may not
make an election under paragraph (1) if the person
elects under section 1448(a)(6)(A) of this title not to
provide coverage under the Survivor Benefit Plan for
the person's spouse.
[(3) Conditions on election.--An election under
paragraph (1)--
[(A) is irrevocable;
[(B) shall be made within one year after
the remarriage; and
[(C) shall be made in such form and manner
as may be prescribed in regulations under
section 1460b of this title.
[(h) Change of Former Spouse Beneficiary to Spouse or Child
Beneficiary.--If a person who is providing an annuity for a
former spouse under the Survivor Benefit Plan and a
supplemental spouse annuity for that former spouse under this
subchapter elects under section 1450(f)(1) of this title to
change the beneficiary of the annuity under the Survivor
Benefit Plan in order to provide an annuity under that Plan to
that person's spouse or to a dependent child--
[(1) the beneficiary under the supplemental spouse
annuity shall be deemed to be changed to that spouse
also, if the change under section 1450(f)(1) was to
provide the annuity for the person's spouse; and
[(2) participation in the supplemental spouse
annuity program shall be terminated, if the change
under section 1450(f)(1) of this title was to provide
the annuity for a dependent child.
[(i) Reinstatement of Discontinued Annuity Upon
Reinstatement of SBP Annuity.--If a person who is providing an
annuity for a former spouse under the Survivor Benefit Plan and
a supplemental spouse annuity for that former spouse under this
subchapter discontinues participation in the Survivor Benefit
Plan under any provision of law and subsequently resumes
participation in that Plan under any provision of law, the
participation of that person in the Supplemental Survivor
Benefit Plan under this chapter shall be reinstated effective
on the day on which participation in the Survivor Benefit Plan
resumes.
[(j) Vitiation of Election by Disability Retiree Who Dies
of Disability-Related Cause.--If a member retired on or after
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2004 under chapter 61 of this title dies
within one year after the date on which the member is so
retired and the cause of death is related to a disability for
which the member was retired under that chapter (as determined
under regulations prescribed by the Secretary of Defense)--
[(1) an election made by the member to provide a
supplemental spouse annuity under this subchapter is
vitiated; and
[(2) the amounts by which the member's retired pay
was reduced under section 1460 of this title shall be
refunded and paid to the person to whom the
supplemental spouse annuity would have been paid
pursuant to such election.
[Sec. 1459. Former spouse coverage: special rules
[(a) Disclosure of Voluntary Written Agreement With Former
Spouse.--A person who elects under section 1458 of this title
to provide a supplemental spouse annuity for a former spouse
shall, at the time of making the election, provide the
Secretary concerned with a written statement (in a form to be
prescribed by that Secretary and signed by such person and
former spouse) setting forth whether the election is being made
pursuant to a written agreement previously entered into
voluntarily by such person as a part of or incident to a
proceeding of divorce, dissolution, or annulment and (if so)
whether such voluntary written agreement has been incorporated
in, or ratified or approved by, a court order.
[(b) Enforcement of Voluntary Written Agreements Incident
to Divorce, Etc.--
[(1) Elections deemed to have been made.--If a
person who is eligible to elect under section 1458 of
this title to provide a supplemental spouse annuity for
a former spouse voluntarily enters, incident to a
proceeding of divorce, dissolution, or annulment, into
a written agreement to elect to provide a supplemental
annuity for a former spouse and that agreement is
incorporated in or ratified or approved by a court
order or is filed with the court of appropriate
jurisdiction in accordance with applicable State law,
and such person then fails or refuses to make the
election as set forth in the voluntary agreement, such
person shall be deemed to have made the election if the
Secretary concerned--
[(A) receives from the former spouse
concerned a written request, in such manner as
the Secretary shall prescribe, requesting that
the election be deemed to have been made; and
[(B) receives (i) a copy of the court
order, regular on its face, which incorporates,
ratifies, or approves the written agreement of
such person, or (ii) a statement from the clerk
of the court (or other appropriate official)
that such agreement has been filed with the
court in accordance with applicable State law.
[(2) Time limit for request to secretary
concerned.--An election may not be deemed to have been
made under paragraph (1) in the case of any person
unless the Secretary concerned receives a request from
the former spouse within one year after the date of the
court order or filing involved.
[(3) Effective date of deemed election.--An
election deemed to have been made under paragraph (1)
shall become effective on the first day of the first
month which begins after the date of the court order or
filing involved.
[Sec. 1460. Supplemental spouse coverage: reductions in retired pay
[(a) Reduction Required.--The retired pay of a person who
elects to provide a supplemental spouse annuity shall be
reduced each month as required under regulations prescribed
under subsection (b).
[(b) Regulations Determining Amount of Reduction.--
Regulations for the purposes of subsection (a) shall be
prescribed by the Secretary of Defense. Those regulations shall
be based upon assumptions used by the Department of Defense
Retirement Board of Actuaries in the valuation of military
retirement and survivor benefit programs under chapter 74 of
this title (including assumptions relating to mortality,
interest rates, and inflation) and shall ensure the following:
[(1) That reductions in retired pay under this
section are made in amounts sufficient to provide that
the Supplemental Survivor Benefit Plan operates on an
actuarially neutral basis.
[(2) That such reductions are stated, with respect
to the base amount (under the Survivor Benefit Plan) of
any person, as a constant percentage of that base
amount and, in the case of a person providing a
supplemental spouse annuity computed under section
1457(b) of this title, a constant percentage of such
person's base amount for each 5 percent increment
specified in accordance with that section.
[(3) That the amounts of such reductions in retired
pay of persons participating in the Supplemental
Survivor Benefit Plan (stated as a percentage of base
amount)--
[(A) are based on the age of the
participant at the time participation in that
Plan is first effective under this subchapter;
and
[(B) are not determined by any other
demographic differentiation among participants
in the Plan.
[(4) That such reductions are otherwise determined
in accordance with generally accepted actuarial
principles and practices.
[(c) Suspension of Reduction When There Is No Spouse
Beneficiary.--A reduction in retired pay under this section
shall not be made in the case of any person during any month in
which there is no eligible spouse or former spouse beneficiary.
[(d) Adjustments in Amount of Reduction.--Whenever the
amount of the reduction in retired pay of a participant in the
Survivor Benefit Plan is increased under section 1452(h) of
this title or recomputed under section 1452(i) of this title,
the amount of the reduction in that retired pay under this
section shall be increased or recomputed, as the case may be,
at the same time and in the same manner as that increase or
recomputation.
[(e) Administrative Provisions.--The provisions of
subsections (d) and (f) of section 1452 of this title apply
with respect to the participation of a person in the
Supplemental Survivor Benefit Plan in the same manner that
those provisions apply under the Survivor Benefit Plan.
[Sec. 1460a. Incorporation of certain administrative provisions
[(a) Applicability of Certain Provisions of SBP Law.--The
provisions of sections 1449, 1452(g), 1453, and 1454 of this
title are applicable to a person eligible to make an election,
and to an election, under this subchapter in the same manner as
if made under subchapter II.
[(b) Other Applicable Provisions.--Except to the extent
otherwise provided in regulations prescribed under section
1460b of this title, the provisions of subsections (h), (i),
and (l) of section 1450 of this title apply to supplemental
spouse annuities in the same manner that those provisions apply
to annuities under the Survivor Benefit Plan.
[Sec. 1460b. Regulations
[The President shall prescribe regulations to carry out
this subchapter. Those regulations shall, so far as
practicable, be uniform for the uniformed services and shall,
so far as practicable, incorporate provisions of the
regulations in effect under section 1455 of this title.]
* * * * * * *
CHAPTER 74--DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND
* * * * * * *
Sec. 1463. Payments from the Fund
(a) There shall be paid from the Fund--
(1) retired pay payable to members on the retired
lists of the Army, Navy, Air Force, and Marine Corps
and payments under section [1413, 1413a,] 1413a or 1414
of this title paid to such members;
* * * * * * *
Sec. 1465. Determination of contributions to the Fund
(a) * * *
(b)(1) * * *
* * * * * * *
(4) At the same time that the Secretary of Defense makes
the determination required by paragraph (1) for any fiscal
year, the Secretary shall determine the amount of the Treasury
contribution to be made to the Fund for the next fiscal year
under section 1466(b)(2)(E) of this title. That amount shall be
determined in the same manner as the determination under
paragraph (1) of the total amount of Department of Defense
contributions to be made to the Fund during that fiscal year
under section 1466(a) of this title, except that for purposes
of this paragraph the Secretary, in making the calculations
required by subparagraphs (A) and (B) of that paragraph, shall
use the single level percentages determined under subsection
(c)(5), rather than those determined under subsection (c)(1).
(c)(1) Not less often than every four years, the Secretary
of Defense shall carry out an actuarial valuation of Department
of Defense military retirement and survivor benefit programs.
Each actuarial valuation of such programs shall include--
(A) a determination (using the aggregate entry-age
normal cost method) of a single level percentage of
basic pay for members of the armed forces (other than
the Coast Guard) on active duty (other than active duty
for training) or full-time National Guard duty (other
than full-time National Guard duty for training only),
to be determined without regard to section [1413,
1413a,] 1413a or 1414 of this title and as if benefits
under subchpater II of chapter 73 of this title for
beneficiaries 62 years of age and older were computed
for any fiscal year on the basis of the percentage of
35 percent, rather than any percentage otherwise
applicable for that computation for that fiscal year;
and
(B) a determination (using the aggregate entry-age
normal cost method) of a single level percentage of
basic pay and of compensation (paid pursuant to section
206 of title 37) for members of the Ready Reserve of
the armed forces (other than the Coast Guard and other
than members on full-time National Guard duty other
than for training) who are not otherwise described by
subparagraph (A), to be determined without regard to
section [1413, 1413a,] 1413a or 1414 of this title and
as if benefits under subchapter II of chapter 73 of
this title for beneficiaries 62 years of age and older
were computed for any fiscal year on the basis of the
percentage of 35 percent, rather than any percentage
otherwise applicable for that computation for that
fiscal year.
Such single level percentages shall be used for the purposes of
subsection (b)(1) and section 1466(a) of this title.
* * * * * * *
(4) Whenever the Secretary carries out an actuarial
valuation under paragraph (1), the Secretary shall include as
part of such valuation the following:
(A) A determination of a single level percentage
determined in the same manner as applies under
subparagraph (A) of paragraph (1), but based only upon
the provisions of sections [1413, 1413a,] 1413a and
1414 of this title.
(B) A determination of a single level percentage
determined in the same manner as applies under
subparagraph (B) of paragraph (1), but based only upon
the provisions of sections [1413, 1413a,] 1413a and
1414 of this title.
Such single level percentages shall be used for the purposes of
subsection (b)(3).
(5) Whenever the Secretary carries out an actuarial
valuation under paragraph (1), the Secretary shall include as
part of such valuation the following:
(A) A determination of a single level percentage
determined in the same manner as applies under
subparagraph (A) of paragraph (1), but determined as if
benefits under subchapter II of chapter 73 of this
title for beneficiaries 62 years of age and older were
computed for any fiscal year on the basis of the
percentage of 35 percent, rather than any percentage
otherwise applicable for that computation for that
fiscal year.
(B) A determination of a single level percentage
determined in the same manner as applies under
subparagraph (B) of paragraph (1), but determined as if
benefits under subchapter II of chapter 73 of this
title for beneficiaries 62 years of age and older were
computed for any fiscal year on the basis of the
percentage of 35 percent, rather than any percentage
otherwise applicable for that computation for that
fiscal year.
Such single level percentages shall be used for the purposes of
subsection (b)(4).
[(5)] (6) Contributions to the Fund in accordance with
amortization schedules under paragraphs (2) and (3) shall be
made as provided in section 1466(b) of this title.
* * * * * * *
Sec. 1466. Payments into the Fund
(a) * * *
(b)(1) At the beginning of each fiscal year the Secretary
of the Treasury shall promptly pay into the Fund from the
General Fund of the Treasury the amount certified to the
Secretary by the Secretary of Defense under paragraph (3). Such
payment shall be the contribution to the Fund for that fiscal
year required by sections 1465(a), 1465(b)(3), 1465(b)(4),
1465(c)(2), and 1465(c)(3) of this title.
(2) At the beginning of each fiscal year the Secretary of
Defense shall determine the sum of the following:
(A) * * *
* * * * * * *
(D) The amount for that year determined by the
Secretary of Defense under section 1465(b)(3) of this
title for the cost to the Fund arising from increased
amounts payable from the Fund by reason of section
[1413, 1413a,] 1413a or 1414 of this title.
(E) The amount for that year determined by the
Secretary of Defense under section 1465(b)(4) of this
title for the cost to the Fund arising from increased
amounts payable from the Fund by reason of benefits
under subchapter II of chapter 73 of this title for
beneficiaries 62 years of age and older being computed
for any fiscal year on the basis of the percentage
greater than 35 percent.
* * * * * * *
CHAPTER 76--MISSING PERSONS
* * * * * * *
Sec. 1501. System for accounting for missing persons
(a) Office for Missing Personnel.--(1) * * *
* * * * * * *
(5)(A) * * *
[(B) For any fiscal year, the number of military and
civilian personnel assigned or detailed to the office may not
be less than the number requested in the President's budget for
fiscal year 2003, unless a level below such number is expressly
required by law.
[(C) For any fiscal year, the level of funding allocated to
the office within the Department of Defense may not be below
the level requested for such purposes in the President's budget
for fiscal year 2003, unless such a level of funding is
expressly required by law.]
(B)(i) For any fiscal year--
(I) the number of full-time Department of Defense
personnel permanently assigned or detailed to the
office shall be not less than 46 members of the armed
forces and not less than 69 civilian employees of the
Department of Defense; and
(II) the number of permanent positions authorized
for the office shall be not less than 46 positions for
members of the armed forces and not less than 69
positions for civilian employees.
(ii) No reductions below the numbers assigned or authorized
under clause (i) may be made unless expressly authorized by
law.
(iii) If for any reason the number of military or civilian
personnel assigned to the office should fall below the required
level under clause (i)(I), the Secretary of Defense shall
promptly notify the Committees on Armed Services of the Senate
and House of Representatives of the number of personnel so
assigned and of the Secretary's plan to restore the staffing
levels of the office to at least the required minimums under
clause (i). The Secretary shall publish such notice and plan in
the Federal Register.
(C) For any fiscal year, the level of funding allocated to
the office shall be not less than $16,000,000 unless a lower
level of funding is expressly required by law.
* * * * * * *
CHAPTER 79--CORRECTION OF MILITARY RECORDS
* * * * * * *
Sec. 1557. Timeliness standards for disposition of applications before
Corrections Boards
(a) * * *
(b) Clearance Deadline for All Applications.--[Effective
October 1, 2002, final] Final action by a Corrections Board on
all applications received by the Corrections Board (other than
those applications considered suitable for administrative
correction) shall be completed within 18 months of receipt.
* * * * * * *
Sec. 1559. Personnel limitation
(a) Limitation.--[During fiscal years 2003, 2004, and
2005,] Before October 1, 2008, the Secretary of a military
department may not carry out any reduction in the number of
military and civilian personnel assigned to duty with the
service review agency for that military department below the
baseline number for that agency until--
(1) * * *
* * * * * * *
CHAPTER 80--MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
* * * * * * *
Sec. 1566. Voting assistance: compliance assessments; assistance
(a) * * *
* * * * * * *
(g) Delivery of Mail From Overseas Preceding Federal
Elections.--(1) * * *
(2) The Secretary shall ensure that voting materials are
transmitted expeditiously by military postal authorities at all
times. The Secretary shall, to the maximum extent practicable,
implement measures to ensure that a postmark or other official
proof of mailing date is provided on each absentee ballot
collected at any overseas location or vessel at sea whenever
the Department of Defense is responsible for collecting mail
for return shipment to the United States. The Secretary shall
ensure that the measures implemented under the preceding
sentence do not result in the delivery of absentee ballots to
the final destination of such ballots after the date on which
the election for Federal office is held. Not later than [the
date that is 6 months after the date of the enactment of the
Help America Vote Act of 2002] April 29, 2003, the Secretary
shall submit to Congress a report describing the measures to be
implemented to ensure the timely transmittal and postmarking of
voting materials and identifying the persons responsible for
implementing such measures.
(h) Notice of Deadlines and Requirements.--The Secretary of
each military department, utilizing the voting assistance
officer network established for each military installation,
shall, to the maximum extent practicable, provide notice to
members of the [Armed Forces] armed forces stationed at that
installation of the last date before a general Federal election
for which absentee ballots mailed from a postal facility
located at that installation can reasonably be expected to be
timely delivered to the appropriate State and local election
officials.
(i) Registration and Voting Information for Members and
Dependents.--(1) The Secretary of each military department,
using a variety of means including both print and electronic
media, shall, to the maximum extent practicable, ensure that
members of the [Armed Forces] armed forces and their dependents
who are qualified to vote have ready access to information
regarding voter registration requirements and deadlines
(including voter registration), absentee ballot application
requirements and deadlines, and the availability of voting
assistance officers to assist members and dependents to
understand and comply with these requirements.
* * * * * * *
(3) Where practicable, a special day or days shall be
designated at each military installation for the purpose of
informing members of the [Armed Forces] armed forces and their
dependents of election timing, registration requirements, and
voting procedures.
* * * * * * *
CHAPTER 81--CIVILIAN EMPLOYEES
Sec.
1580. Emergency essential employees: designation.
* * * * * * *
1599e. Senior executive compensation for nonappropriated fund
instrumentalities.
* * * * * * *
Sec. 1588. Authority to accept certain voluntary services
(a) Authority To Accept Services.--Subject to subsection
(b) and notwithstanding section 1342 of title 31, the Secretary
concerned may accept from any person the following services:
(1) * * *
* * * * * * *
(8) Voluntary services provided to the United
States Military Academy, United States Naval Academy,
and United States Air Force Academy for the training of
cadets and midshipmen.
* * * * * * *
(d) Status of Persons Providing Services.--(1) Subject to
paragraph (3), while providing voluntary services accepted
under subsection (a) or receiving training under subsection
(c), a person, other than a person referred to in paragraph
(2), shall be considered to be an employee of the Federal
Government only for purposes of the following provisions of
law:
(A) * * *
* * * * * * *
(D) Chapter 11 of title 18 (relating to conflicts
of interest), and chapters 20 and 22 of title 46
(relating to claims for damages or loss on navigable
waters).
* * * * * * *
Sec. 1596a. Foreign language proficiency: special pay for proficiency
beneficial for other national security interests
(a) Authority.--The Secretary of Defense may pay special
pay under this section to an employee of the Department of
Defense who--
(1) * * *
(2) is assigned duties requiring proficiency in
that foreign language [during a contingency operation
supported by the armed forces]; and
* * * * * * *
(c) Relationship to Other Pay and Allowances.--Special pay
under this section is in addition to any other pay or
allowances to which the employee is entitled and shall not be
considered base pay for any purpose.
* * * * * * *
Sec. 1599e. Senior executive compensation for nonappropriated fund
instrumentalities
Notwithstanding any provisions of title 5, the Secretary of
Defense may regulate the amount of total compensation,
including the rate of basic pay, of senior executives employed
by Department of Defense nonappropriated fund
instrumentalities, to provide for parity with the total
compensation, including basic pay, of Department of Defense
employees in the Senior Executive Service and other similar
senior executive positions.
* * * * * * *
CHAPTER 83--CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES
* * * * * * *
SUBCHAPTER I--DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY
* * * * * * *
Sec. 1602. Basic pay
(a) Authority To Fix Rates of Basic Pay.--The Secretary of
Defense (subject to the provisions of this section) shall fix
the rates of basic pay for positions established under section
1601 of this title [in relation to the rates of basic pay
provided in subpart D of part III of title 5 for positions
subject to that subpart which have corresponding levels of
duties and responsibilities] in relation to the rates of pay
provided for Department of Defense Senior Executive, Senior
Level, and other comparable positions.
[(b) Maximum Rates.--A rate of basic pay fixed under
subsection (a) for a position established under section 1601 of
this title may not (except as otherwise provided by law)
exceed--
[(1) in the case of a Defense Intelligence Senior
Executive Service position, the maximum rate provided
in section 5382 of title 5;
[(2) in the case of an Intelligence Senior Level
position, the maximum rate provided in section 5382 of
title 5; and
[(3) in the case of any other position, the maximum
rate provided in section 5306(e) of title 5.]
(b) Performance Appraisal System.--The positions referred
to in subsection (a) shall be subject to a performance
appraisal system which, as designed and applied, is certified
by the Secretary of Defense as making meaningful distinctions
based on relative performance and may be the same performance
appraisal system established and implemented within the
Department for members of the Senior Executive Service.
* * * * * * *
CHAPTER 87--DEFENSE ACQUISITION WORKFORCE
* * * * * * *
SUBCHAPTER II--DEFENSE ACQUISITION POSITIONS
* * * * * * *
Sec. 1724. Contracting positions: qualification requirements
(a) * * *
* * * * * * *
(d) Waiver.--The Secretary of Defense may waive any or all
of the requirements of subsections (a) and (b) with respect to
an employee of the Department of Defense or member of the armed
forces if the Secretary determines that the individual
possesses significant potential for advancement to levels of
greater responsibility and authority, based on demonstrated job
performance and qualifying experience. With respect to each
waiver granted under this subsection, the Secretary shall set
forth in a written document the rationale for [its decision]
the decision of the Secretary to waive such requirements.
* * * * * * *
SUBCHAPTER III--ACQUISITION CORPS
* * * * * * *
Sec. 1732. Selection criteria and procedures
(a) * * *
(b) Eligibility Criteria.--Except as provided in
subsections (c) and (d), only persons who meet all of the
following requirements may be considered for service in the
Corps:
(1)(A) In the case of an employee, the person must
be currently serving in a position [within grade GS-13
or above of the General Schedule] in any position
designated by the Secretary of Defense.
* * * * * * *
(d) Waiver.--(1) Except as provided in paragraph (2), the
Secretary of Defense may waive any or all of the requirements
of subsection (b) with respect to an employee if the Secretary
determines that the employee possesses significant potential
for advancement to levels of greater responsibility and
authority, based on demonstrated analytical and decisionmaking
capabilities, job performance, and qualifying experience. With
respect to each waiver granted under this subsection, the
Secretary shall set forth in a written document the rationale
for [its decision] the decision of the Secretary to waive such
requirements.
* * * * * * *
Sec. 1733. Critical acquisition positions
(a) * * *
[(b) Designation of Critical Acquisition Positions.--(1)
The Secretary of Defense shall designate the acquisition
positions in the Department of Defense that are critical
acquisition positions. Such positions shall include the
following:
[(A) Any acquisition position which--
[(i) in the case of employees, is required
to be filled by an employee in a position
within grade GS-14 or above of the General
Schedule, or in the Senior Executive Service;
or
[(ii) in the case of members of the armed
forces, is required to be filled by a
commissioned officer of the Army, Navy, Air
Force, or Marine Corps who is serving in the
grade of lieutenant colonel, or, in the case of
the Navy, commander, or a higher grade.
[(B) Other selected acquisition positions not
covered by subparagraph (A), including the following:
[(i) Program executive officer.
[(ii) Program manager of a major defense
acquisition program (as defined in section 2430
of this title) or of a significant nonmajor
defense acquisition program (as defined in
section 1737(a)(3) of this title).
[(iii) Deputy program manager of a major
defense acquisition program.
[(C) Any other acquisition position of significant
responsibility in which the primary duties are
supervisory or management duties.
[(2) The Secretary shall periodically publish a list of the
positions designated under this subsection.]
(b) Designation of Critical Acquisition.--(1) The Secretary
of Defense shall designate the acquisition positions in the
Department of Defense that are critical acquisition positions.
Such positions shall include the following:
(A) Program executive officer.
(B) Program manager of a major defense acquisition
program (as defined in section 2430 of this title) or
of a significant nonmajor defense acquisition program
(as defined in section 1737(a)(3) of this title).
(C) Deputy program manager of a major defense
acquisition program.
(D) Any other acquisition position of significant
responsibility determined by the Secretary to be
critical.
(2) The Secretary shall annually publish a list of the
positions designated under this subsection.
* * * * * * *
SUBCHAPTER IV--EDUCATION AND TRAINING
* * * * * * *
Sec. 1742. Internship, cooperative education, and scholarship programs
(a) Programs.--The Secretary of Defense shall conduct the
following education and training programs:
(1) * * *
* * * * * * *
(b) Scholarship Program Requirements.--With respect to any
scholarship program conducted under this section, the Secretary
of Defense and the participant shall agree in writing to the
terms of the scholarship. The agreement shall include the
obligations of the Secretary and the participant, as well as
actions available for either party to take if there is a
failure to meet the obligations under the agreement.
* * * * * * *
SUBCHAPTER V--GENERAL MANAGEMENT PROVISIONS
* * * * * * *
Sec. 1761. Management information system
(a) * * *
(b) Minimum Information.--The management information system
shall, at a minimum, [provide for--] provide for the following:
(1) [the] The collection and retention of
information concerning the qualifications, assignments,
and tenure of persons in the acquisition workforce[;].
(2) [any] Any exceptions and waivers granted with
respect to the application of qualification,
assignment, and tenure policies, procedures, and
practices to such persons[;].
(3) [relative] Relative promotion rates for
military personnel in the acquisition workforce[; and].
[(4) collection of the information necessary for
the Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Secretary of Defense
to comply with the requirements of section 1762 for the
years in which that section is in effect.]
* * * * * * *
CHAPTER 88--MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE
* * * * * * *
SUBCHAPTER I--MILITARY FAMILY PROGRAMS
Sec.
1781. Office of Family Policy.
* * * * * * *
[1784. Employment opportunities for military spouses.]
1784. Employment opportunities: military spouses; certain Department of
Defense civilian spouses subject to relocation agreements.
* * * * * * *
[Sec. 1784. Employment opportunities for military spouses]
Sec. 1784. Employment opportunities: military spouses; certain
Department of Defense civilian spouses subject to
relocation agreements
(a) * * *
* * * * * * *
(h) Inclusion of Spouses of Certain DOD Civilian Employees
Subject to Relocation Agreements.--(1) For the purposes of this
section, the spouse of a civilian employee described in
paragraph (2) shall be considered to be the spouse of a member
of the armed forces.
(2) An employee described in this paragraph is a Department
of Defense employee who, pursuant to a mandatory mobility
agreement executed as a condition of employment or pursuant to
another civilian mobility program of the Department of Defense,
has had a change of permanent duty assignment (A) that was
based on the needs of the Government, and (B) that required a
relocation of the employee's residence.
* * * * * * *
PART III--TRAINING AND EDUCATION
Chap.
Sec.
Training Generally............................................2001
* * * * * * *
Educational Assistance for Persons Enlisting for Active Duty.2141]
Educational Assistance for Persons Enlisting for Active Duty..2141
2151Professional Military Education...................................
* * * * * * *
CHAPTER 101--TRAINING GENERALLY
Sec.
2002. Dependents of members of armed forces: language training.
* * * * * * *
2015. Defense counterproliferation fellowship program.
* * * * * * *
Sec. 2007. Payment of tuition for off-duty training or education
(a) * * *
(b)(1) In the case of a commissioned officer on active duty
or full-time National Guard duty, the Secretary of the military
department concerned may not pay charges under subsection (a)
unless the officer agrees to remain on active duty or full-time
National Guard duty for a period of at least two years after
the completion of the training or education for which the
charges are paid.
(2) Notwithstanding paragraph (1), the Secretary of the
military department may reduce or waive the active duty service
obligation--
(A) in the case of a commissioned officer who is
subject to mandatory separation;
(B) in the case of a commissioned officer who has
completed the period of active duty service in support
of a contingency operation; or
(C) in other exigent circumstances as determined by
the Secretary.
(c)[(1) Subject to paragraphs (2) and (3), the Secretary of
the Army may pay not more than 75 percent of the charges of an
educational institution for the tuition or expenses of an
officer in the Selected Reserve of the Army National Guard or
the Army Reserve for education or training of such officer in a
program leading to a baccalaureate degree.] (1) Subject to
paragraphs (2) and (3), the Secretary of the Army may pay the
charges of an educational institution for the tuition or
expenses of an officer in the Selected Reserve of the Army
National Guard or the Army Reserve for education or training of
such officer.
* * * * * * *
Sec. 2015. Defense counterproliferation fellowship program
(a) Program Authority.--The Secretary of Defense may carry
out a program under which foreign military defense personnel
are selected to attend Department of Defense courses and
programs in counterproliferation and nonproliferation matters
in order to improve the ability of the foreign military defense
personnel to contribute to halting the illicit acquisition or
transportation of weapons of mass destruction or of materials
that support the development or use of such weapons.
(b) Authority to Pay for Costs of Participants.--The
Secretary of Defense may pay for all costs (including
transportation, travel, and subsistence costs) associated with
the attendance by a participant at courses and programs in the
program under this section.
(c) Participants.--(1) The following persons may be
selected for participation in the program under this section:
(A) Foreign military officers.
(B) Foreign ministry of defense officials.
(2) Participants in the program shall be selected by the
Secretary of Defense based upon recommendations made by the
commanders of the regional unified combatant commands.
(d) Authorized Program Activities.--Participants in the
program may be selected for attendance at, and may be authorize
to attend, any of the following:
(1) Department of Defense professional military
educational institutions.
(2) Regional centers for security studies of the
Department of Defense.
(e) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of the program under this
section.
* * * * * * *
CHAPTER 103--SENIOR RESERVE OFFICERS' TRAINING CORPS
* * * * * * *
Sec. 2103a. Students not eligible for advanced training: commitment to
military service
(a) * * *
* * * * * * *
[(d) Termination of Authority.--No contract may be entered
into under subsection (a)(1) after December 31, 2006.]
* * * * * * *
Sec. 2107. Financial assistance program for specially selected members
(a) * * *
* * * * * * *
(c)(1) * * *
* * * * * * *
(5)(A) The Secretary of the Army may provide an individual
who received a commission as a Reserve officer in the Army from
a military junior college through a program under this chapter
and who does not have a baccalaureate degree with financial
assistance for pursuit of a baccalaureate degree.
(B) Such assistance is in addition to any financial
assistance provided under paragraph (1), (3), or (4).
(C) The agreement and reimbursement requirements
established in section 2005 of this title are applicable to
financial assistance under this paragraph.
(D) An officer receiving financial assistance under this
paragraph shall be attached to the unit of the Army at the
educational institution at which the officer is pursuing a
baccalaureate degree and shall be considered to be a member of
the Senior Reserve Officers' Training Corps on inactive duty
for training, as defined in section 101(23) of title 38.
(E) A qualified officer who did not previously receive
financial assistance under this section is eligible to receive
educational assistance under this paragraph.
(F) A Reserve officer may not be called or ordered to
active duty for a deployment while participating in the program
under this paragraph.
(G) Any service obligation incurred by an officer under an
agreement entered into under this paragraph shall be in
addition to any service obligation incurred by that officer
under any other provision of law or agreement.
(H) The amount obligated during any fiscal year under this
paragraph and paragraph (4) of section 2107a(c) of this title
may not exceed a total of $1,500,000.
* * * * * * *
Sec. 2107a. Financial assistance program for specially selected
members: Army Reserve and Army National Guard
(a) * * *
* * * * * * *
(c)(1) * * *
* * * * * * *
(4)(A) The Secretary of the Army may provide an individual
who received a commission as a Reserve officer in the Army from
a military junior college through a program under this chapter
and who does not have a baccalaureate degree with financial
assistance for pursuit of a baccalaureate degree.
(B) Such assistance is in addition to any provided under
paragraph (1) or (2).
(C) The agreement and reimbursement requirements
established in section 2005 of this title are applicable to
financial assistance under this paragraph.
(D) An officer receiving financial assistance under this
paragraph shall be attached to the unit of the Army at the
educational institution at which the officer is pursuing a
baccalaureate degree and shall be considered to be a member of
the Senior Reserve Officers' Training Corps on inactive duty
for training, as defined in section 101(23) of title 38.
(E) A qualified officer who did not previously receive
financial assistance under this section is eligible to receive
educational assistance under this paragraph.
(F) A Reserve officer may not be called or ordered to
active duty for a deployment while participating in the program
under this paragraph.
(G) Any service obligation incurred by an officer under an
agreement entered into under this paragraph shall be in
addition to any service obligation incurred by that officer
under any other provision of law or agreement.
(H) As provided in subparagraph (H) of section 2107(c)(5)
of this title, the amount obligated during any fiscal year
under this paragraph and paragraph (5) of section 2107(c) of
this title may not exceed a total of $1,500,000.
* * * * * * *
CHAPTER 104--UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES
* * * * * * *
Sec. 2114. Students: selection; status; obligation
(a) * * *
(b) [Medical students shall be commissioned officers of a
uniformed service as determined under regulations prescribed by
the Secretary of Defense after consulting with the Secretary of
Health and Human Services. Notwithstanding any other provision
of law, they shall serve on active duty in pay grade O-1 with
full pay and allowances of that grade.] They shall be appointed
in a regular component of the uniformed services and shall
serve on active duty as a second lieutenant or ensign (or the
equivalent). Upon graduation they shall be appointed in a
regular component, if qualified, unless they are covered by
section 2115 of this title. Medical students who graduate shall
be required, except as provided in section 2115 of this title,
to serve thereafter on active duty under such regulations as
the Secretary of Defense or the Secretary of Health and Human
Services, as appropriate, may prescribe for not less than seven
years, unless sooner released. Upon completion of, or release
from, the active-duty service obligation, a member of the
program who served on active-duty for less than 10 years shall
serve in the Ready Reserve for the period specified in the
following table:
Period of Service Ready Reserve
on Active Duty Obligation
Less than 8 years................................... 6 years
8 years or more, but less than 9.................... 4 years
9 years or more, but less than 10................... 2 years
The service credit exclusions specified in section 2126 of this
title shall apply to students covered by this section.
* * * * * * *
SUBCHAPTER II--NURSE OFFICER CANDIDATE ACCESSION PROGRAM
* * * * * * *
Sec. 2130a. Financial assistance: nurse officer candidates
(a) Bonus Authorized.--(1) A person described in subsection
(b) who, during the period beginning on November 29, 1989, and
ending on December 31, [2004] 2005, executes a written
agreement in accordance with subsection (c) to accept an
appointment as a nurse officer may, upon the acceptance of the
agreement by the Secretary concerned, be paid an accession
bonus of not more than $10,000. The bonus shall be paid in
periodic installments, as determined by the Secretary concerned
at the time the agreement is accepted, except that the first
installment may not exceed $5,000.
* * * * * * *
CHAPTER [107] 106A--EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR
ACTIVE DUTY
* * * * * * *
CHAPTER 107--PROFESSIONAL MILITARY EDUCATION
Sec.
2151. Definitions
2152. Professional military education: general requirements.
2153. Capstone course: newly selected general and flag officers.
2154. Joint professional military education: three-phase approach.
2155. Intermediate level service colleges: written examination for
selection for attendance.
2156. Joint professional military education phase II program of
instruction.
2157. Intermediate and senior level service colleges; Joint Forces
Staff College: duration of principle course of instruction.
2158. Annual report to Congress.
Sec. 2151. Definitions
(a) Joint Professional Military Education.--Joint
professional military education consists of the rigorous and
thorough instruction and examination of officers of the armed
forces in an environment designed to promote a theoretical and
practical in-depth understanding of joint matters and,
specifically, of the subject matter covered. The subject matter
to be covered by joint professional military education shall
include at least the following:
(1) Integrated employment of land, sea, and
air forces.
(2) National military strategy.
(3) Strategic planning.
(4) Contingency planning.
(5) Command and control of combat
operations under unified command.
(6) Joint and combined operations.
(7) Joint doctrine.
(8) Joint logistics.
(9) Joint communications.
(10) Joint intelligence.
(11) Campaign planning.
(12) Joint military command and control
systems and the interface of those systems with
national command systems.
(13) Joint force development, including
mobilization.
(14) Joint requirements development.
(15) Military history.
(16) Awareness of cultures in areas outside
of the United States where United States forces
may operate or of forces of foreign countries
with whom United States forces may operate.
(b) Other Definitions.--In this chapter:
(1) The term ``senior level service school'' means
any of the following:
(A) The Army War College.
(B) The College of Naval Warfare.
(C) The Air War College.
(D) The Marine Corps University.
(2) The term ``intermediate level service school''
means any of the following:
(A) The United States Army Command and
General Staff College.
(B) The College of Naval Command and Staff.
(C) The Air Command and Staff College.
(D) The Marine Corps Command and Staff
College.
(b) Joint Military Education Schools.--The Secretary of
Defense, with the advice and assistance of the Chairman of the
Joint Chiefs of Staff, shall periodically review and revise the
curriculum of each school of the National Defense University
(and of any other joint professional military education school)
to enhance the education and training of officers in joint
matters. The Secretary shall require such schools to maintain
rigorous standards for the military education of officers with
the joint specialty.
(c) Other Professional Military Education Schools.--The
Secretary of Defense shall require that each Department of
Defense school concerned with professional military education
periodically review and revise its curriculum for senior and
intermediate grade officers in order to strengthen the focus
on--
(1) joint matters; and
(2) preparing officers for joint duty assignments.
Sec. 2152. Joint professional military education: general requirements
(a) In General.--The Secretary of Defense shall implement a
coherent and comprehensive framework for the joint professional
military education of officers, including officers nominated
under section 661 of this title for the joint specialty.
Sec. 2153. Capstone course: newly selected general and flag officers
(a) Requirement.--Each officer selected for promotion to
the grade of brigadier general or, in the case of the Navy,
rear admiral (lower half) shall be required, after such
selection, to attend a military education course designed
specifically to prepare new general and flag officers to work
with the other armed forces.
(b) Waiver Authority.--(1) Subject to paragraph (2), the
Secretary of Defense may waive subsection (a)--
(A) in the case of an officer whose immediately
previous assignment was in a joint duty assignment and
who is thoroughly familiar with joint matters;
(B) when necessary for the good of the service;
(C) in the case of an officer whose proposed
selection for promotion is based primarily upon
scientific and technical qualifications for which joint
requirements do not exist (as determined under
regulations prescribed under section 619(e)(4) of this
title); and
(D) in the case of a medical officer, dental
officer, veterinary officer, medical service officer,
nurse, biomedical science officer, or chaplain.
(2) The authority of the Secretary of Defense to grant a
waiver under paragraph (1) may only be delegated to the Deputy
Secretary of Defense, an Under Secretary of Defense, or an
Assistant Secretary of Defense. Such a waiver may be granted
only on a case-by-case basis in the case of an individual
officer.
Sec. 2154. Joint professional military education: three-phase approach
(a) Three-Phase Approach.--The Secretary of Defense shall
implement a three-phase approach to joint professional military
education, as follows:
(1) There shall be a course of instruction,
designated and certified by the Secretary of Defense as
Phase I instruction, consisting all the elements of a
joint professional military education (as specified in
section 2151(a) of this title), in addition to the
principal curriculum taught to all officers at an
intermediate level service school.
(2) There shall be a course of instruction,
designated and certified by the Secretary of Defense as
Phase II instruction, consisting of a joint
professional military education curriculum taught in
residence at--
(A) the Joint Forces Staff College; or
(B) a senior level service school that has
been designated and certified by the Secretary
of Defense as a joint professional military
education institution.
(3) There shall be a course of instruction,
designated and certified by the Secretary of Defense as
the Capstone course, for officers selected for
promotion to the grade of brigadier general or, in the
case of the Navy, rear admiral (lower half) and offered
in accordance with section 2153 of this title.
(b) Sequenced Approach.--The Secretary shall require the
sequencing of joint professional military education so that the
standard sequence of assignments for such education requires an
officer to complete Phase I instruction before proceeding to
Phase II instruction, as provided in section 2156(a) of this
title.
Sec. 2155. Intermediate level service school: written examination for
selection for attendance
(a) Requirement.--The Secretary of each military department
shall require that performance on a comprehensive written
examination shall constitute not less than 20 percent of the
evaluation criteria for selection of any officer for full-time
attendance at an intermediate level service school under the
jurisdiction of the Secretary. Such an examination shall be
designed so as to require substantive knowledge of military
history, national military strategy, service and joint
doctrine, and such other subjects as the Secretary may require.
Such an examination shall be required for each class entering
an intermediate level service school after September 30, 2007.
(b) Selection From Different Service.--The Secretary of a
military department, in considering candidates for full-time
attendance at an intermediate level service school under the
jurisdiction of the Secretary who are officers of an armed
force other than the armed force that administers that service
school, shall consider such an officer to be qualified for
selection for such attendance if the officer has met all the
requirements for attendance at the equivalent intermediate
level service school of that officer's own armed force.
Sec. 2156. Joint professional military education phase II program of
instruction
(a) Prerequisite of Completion of Joint Professional
Military Education I Program of Instruction.--(1) After
September 30, 2009, an officer of the armed forces may not be
accepted for, or assigned to, a program of instruction
designated by the Secretary of Defense as joint professional
military education Phase II unless the officer has successfully
completed a program of instruction designated by the Secretary
of Defense as joint professional military education Phase I.
(2) The Chairman of the Joint Chiefs of Staff may grant
exceptions to the requirement under paragraph (1). Such an
exception may be granted only on a case-by-case basis for
compelling cause, as determined by the Chairman. An officer
selected to receive such an exception shall be required to
demonstrate a knowledge of joint matters and other aspects of
the Phase I curriculum that, to the satisfaction of the
Chairman, qualifies the officer to meet the minimum
requirements established for entry into Phase II instruction
without first completing Phase I instruction. The number of
officers selected to attend an offering of the principal course
of instruction at the Joint Forces Staff College or a senior
level service school designated by the Secretary of Defense as
a joint professional military education institution who have
not completed Phase I instruction should comprise no more than
10 percent of the total number of officers selected.
(b) Phase II Requirements.--The Secretary shall require
that the curriculum for Phase II joint professional military
education at any school--
(1) focus on developing joint attitudes and
perspectives and honing joint warfighting skills; and
(2) be structured --
(A) so as to adequately prepare students to
perform effectively in an assignment to a
joint, multiservice organization; and
(B) so that students progress from a basic
knowledge of joint matters learned in Phase I
instruction to the level of expertise necessary
for successful performance in the joint arena.
(c) Curriculum Content.--In addition to the subjects
specified in section 2151(a) of this title, the curriculum for
Phase II joint professional military education shall include
the following:
(1) National security strategy.
(2) Theater strategy and campaigning.
(3) Joint planning processes and systems.
(4) Joint, interagency, and multinational
capabilities and the integration of those capabilities.
(d) Student Ratio; Faculty Ratio.--(1) For courses of
instruction in a Phase II program of instruction that is
offered at senior level service school that has been designated
by the Secretary of Defense as a joint professional military
education institution--
(1) the percentage of students enrolled in any such
course who are officers of the armed force that
administers the school may not exceed 60 percent, with
the remaining services proportionally represented; and
(2) of the faculty at the school who are active-
duty officers who provide instruction in such courses,
the percentage who are officers of the armed force that
administers the school may not exceed 60 percent, with
the remaining services proportionally represented.
Sec. 2157. Intermediate and senior level service schools; Joint Forces
Staff College: duration of principle course of
instruction
(a) Service Schools.--The duration of the principal course
of instruction offered at each intermediate level service
school and each senior level service school may not be less
than 10 months of resident instruction. The Secretary of
Defense may waive the requirement in the preceding sentence
during a period of war or during a national emergency declared
by the President or the Congress.
(b) Joint Forces Staff College.--(1) The duration of the
principal course of instruction offered at the Joint Forces
Staff College may not be less than 10 weeks of resident
instruction.
(2) In this subsection, the term ``principal course of
instruction'' means any course of instruction offered at the
Joint Forces Staff College as Phase II joint professional
military education.
Sec. 2158. Annual report to Congress
The Secretary of Defense shall include in the annual report
of the Secretary to Congress under section 113(c) of this
title, for the period covered by the report, the following
information (which shall be shown for the Department of Defense
as a whole and separately for the Army, Navy, Air Force, and
Marine Corps and each reserve component):
(1) The number of officers who successfully
completed a joint professional military education phase
II course and were not selected for promotion.
(2) The number of officer students and faculty
members assigned by each service to the professional
military schools of the other services and to the joint
schools.
CHAPTER 108--DEPARTMENT OF DEFENSE SCHOOLS
* * * * * * *
Sec. 2167. National Defense University: admission of private sector
civilians to professional military education
program
(a) Authority for Admission.--The Secretary of Defense may
permit eligible private sector employees who work in
organizations relevant to national security to receive
instruction at the National Defense University in accordance
with this section. No more than the equivalent of [10] 20 full-
time student positions may be filled at any one time by private
sector employees enrolled under this section. Upon successful
completion of the course of instruction in which enrolled, any
such private sector employee may be awarded an appropriate
diploma or degree under section 2165 of this title.
* * * * * * *
CHAPTER 111--SUPPORT OF SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION
* * * * * * *
Sec. 2193b. Improvement of education in technical fields: program for
support of elementary and secondary education in
science, mathematics, and technology
(a) * * *
* * * * * * *
(c) STARBASE Academies.--(1) * * *
(2) The Secretary of Defense shall establish guidelines,
criteria, and a process for the establishment of STARBASE
programs in addition to those in operation on [the date of the
enactment of this section] October 5, 1999.
[(3) The Secretary may support the establishment and
operation of any academy in excess of two academies in a State
only if the Secretary has first authorized in writing the
establishment of the academy and the costs of the establishment
and operation of the academy are paid out of funds provided by
sources other than the Department of Defense. Any such costs
that are paid out of appropriated funds shall be considered as
paid out of funds provided by such other sources if such
sources fully reimburse the United States for the costs.]
(3)(A) Subject to subparagraph (B), the Secretary may not
support the establishment in any State of more than two
academies.
(B) The Secretary may waive the limitation in subparagraph
(A). Any such waiver shall be made under criteria to be
prescribed by the Secretary.
* * * * * * *
PART IV--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
CHAPTER 131--PLANNING AND COORDINATION
Sec.
2201. Apportionment of funds: authority for exemption; excepted
expenses.
* * * * * * *
[2219. Retention of morale, welfare, and recreation funds by military
installations: limitation.]
* * * * * * *
2222. Defense business systems: architecture, accountability, and
modernization.
* * * * * * *
Sec. 2215. Transfer of funds to other departments and agencies:
limitation
[(a) Certification Required.--]Funds available for military
functions of the Department of Defense may not be made
available to any other department or agency of the Federal
Government pursuant to a provision of law enacted after
November 29, 1989, unless, not less than 30 days before such
funds are made available to such other department or agency,
the Secretary of Defense submits to the [congressional
committees specified in subsection (b)] congressional defense
committees a certification that making those funds available to
such other department or agency is in the national security
interest of the United States.
[(b) Congressional Committees.--The committees referred to
in subsection (a) are--
[(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
[(2) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.]
* * * * * * *
Sec. 2222. Defense business systems: architecture, accountability, and
modernization
(a) Conditions for Obligation of Funds for Defense Business
System Modernization.--Effective January 1, 2005, funds
appropriated to the Department of Defense may not be obligated
for a defense business system modernization that will have a
total cost in excess of $1,000,000 unless--
(1) the approval authority designated for the
defense business system certifies to the Defense
Business Systems Management Committee established by
section 186 of this title that the defense business
system modernization--
(A) is in compliance with the enterprise
architecture developed under subsection (b), or
such compliance is waived in writing by the
approval authority as a result of the
investment review process conducted under
subsection (d) for the defense business system
modernization; and
(B) will be acquired or developed in a
manner consistent with the system acquisition
regulations and instructions of the Department
of Defense; and
(2) the Defense Business Systems Management
Committee approves the certification by the approval
authority.
(b) Enterprise Architecture for Defense Business Systems.--
Not later than September 30, 2005, the Secretary of Defense,
acting through the Defense Business Systems Management
Committee, shall develop--
(1) an enterprise architecture to cover all defense
business systems, and the functions and activities
supported by defense business systems, which shall be
sufficiently defined to effectively guide, constrain,
and permit implementation of interoperable defense
business system solutions and consistent with the
policies and procedures established by the Director of
the Office of Management and Budget, and
(2) a transition plan for implementing the
enterprise architecture for defense business systems.
(c) Approval Authorities and Accountability for Defense
Business Systems.--The Secretary of Defense shall delegate
responsibility for the planning, design, acquisition,
deployment, operation, maintenance, modernization, and
oversight of defense business systems as follows:
(1) The Under Secretary of Defense for Acquisition,
Technology and Logistics shall be responsible and
accountable for any defense business system the primary
purpose of which is to support acquisition activities,
logistics activities, or installations and environment
activities of the Department of Defense.
(2) The Under Secretary of Defense (Comptroller)
shall be responsible and accountable for any defense
business system the primary purpose of which is to
support financial management activities or strategic
planning and budgeting activities of the Department of
Defense.
(3) The Under Secretary of Defense for Personnel
and Readiness shall be responsible and accountable for
any defense business system the primary purpose of
which is to support human resource management
activities of the Department of Defense.
(4) The Assistant Secretary of Defense for Networks
and Information Integration and the Chief Information
Officer of the Department of Defense shall be
responsible and accountable for any defense business
system the primary purpose of which is to support
information technology infrastructure or information
assurance activities of the Department of Defense.
(5) The Deputy Secretary of Defense or an Under
Secretary of Defense, as designated by the Secretary of
Defense, shall be responsible for any defense business
system the primary purpose of which is to support any
activity of the Department of Defense not covered by
paragraphs (1) through (4).
(d) Defense Business System Investment Review.--(1) The
Secretary of Defense shall require each approval authority
designated under subsection (c) to establish, not later than
March 15, 2005, an investment review process, consistent with
section 11312 of title 40, to review the planning, design,
acquisition, development, deployment, operation, maintenance,
modernization, and project cost benefits and risks of all
defense business systems for which the approval authority is
responsible. The investment review process so established shall
specifically address the responsibilities of approval
authorities under subsection (a).
(2) The review of defense business systems under the
investment review process shall include the following:
(A) Review and approval by an investment review
board of each defense business system as an investment
before the obligation of funds on the system.
(B) Periodic review, but not less than annually, of
every defense business system investment.
(C) Representation on each investment review board
by appropriate officials from among the armed forces,
combatant commands, the Joint Chiefs of Staff, and
Defense Agencies.
(D) Use of threshold criteria to ensure an
appropriate level of review within the Department of
Defense of, and accountability for, defense business
system investments depending on scope, complexity, and
cost.
(e) Budget Information.--In the materials that the
Secretary submits to Congress in support of the budget
submitted by the President to Congress under section 1105 of
title 31 for fiscal year 2006 and fiscal years thereafter, the
Secretary of Defense shall--
(1) identify the approval authority for each
defense business system; and
(2) for each defense business system for which
funding is proposed in the budget--
(A) certify that the defense business
system complies with the defense business
enterprise architecture; or
(B) explain why funds for such system are
necessary to maintain a mission critical or
mission essential system of the Department of
Defense, notwithstanding its noncompliance with
the defense business enterprise architecture.
(f) Congressional Reports.--Not later than March 15 of each
year from 2005 through 2009, the Secretary of Defense shall
submit to the congressional defense committees a report on
Department of Defense compliance with the requirements of this
section. The first report shall define plans and commitments
for meeting the requirements of subsection (a), including
specific milestones and performance measures. Subsequent
reports shall--
(1) describe actions taken and planned for meeting
the requirements of subsection (a), including--
(A) specific milestones and actual
performance against specified performance
measures, and any revision of such milestones
and performance measures; and
(B) specific actions on the defense
business system modernizations submitted for
certification under such subsection;
(2) identify the number of defense business system
modernizations so certified;
(3) identify any defense business system
modernization with an obligation in excess of
$1,000,000 during the preceding fiscal year that was
not certified under subsection (a), and the reasons for
the waiver; and
(4) discuss specific improvements in business
operations and cost savings resulting from successful
defense business systems modernization efforts.
(g) Definitions.--In this section:
(1) The term ``approval authority'', with respect
to a defense business system, means the Department of
Defense official responsible for the defense business
system, as designated by subsection (c).
(2) The term ``defense business system'' means an
information system, other than a national security
system, operated by, for, or on behalf of the
Department of Defense, including financial systems,
mixed systems, financial data feeder systems, and
information technology and information assurance
infrastructure, used to support business activities,
such as acquisition, financial management, logistics,
strategic planning and budgeting, installations and
environment, and human resource management.
(3) The term ``defense business system
modernization'' means--
(A) the acquisition or development of a new
defense business system; or
(B) any significant modification or
enhancement of an existing defense business
system (other than necessary to maintain
current services).
(4) The term ``enterprise architecture'' has the
meaning given that term in section 3601(4) of title 44.
(5) The terms ``information system'' and
``information technology'' have the meanings given
those terms in section 11101 of title 40.
(6) The term ``national security system'' has the
meaning given that term in section 2315 of this title.
* * * * * * *
Sec. 2224. Defense Information Assurance Program
(a) * * *
* * * * * * *
(c) Program Strategy.--In carrying out the program, the
Secretary shall develop a program strategy that encompasses
those actions necessary to assure the readiness, reliability,
continuity, and integrity of Defense information systems,
networks, and infrastructure, including through compliance with
subchapter III of chapter 35 of title 44, including through
compliance with [subtitle] subchapter II of chapter 35 of title
44. The program strategy shall include the following:
(1) * * *
* * * * * * *
CHAPTER 134--MISCELLANEOUS ADMINISTRATIVE PROVISIONS
* * * * * * *
SUBCHAPTER I--MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND LIMITATIONS
ON THE USE OF APPROPRIATED FUNDS
Sec.
2241. Availability of appropriations for certain purposes.
* * * * * * *
[2246. Department of Defense golf courses: limitation on use of
appropriated funds.
[2247. Use of appropriated funds for operation of Armed Forces
Recreation Center, Europe: limitation.]
* * * * * * *
CHAPTER 137--PROCUREMENT GENERALLY
* * * * * * *
Sec. 2304a. Task and delivery order contracts: general authority
(a) * * *
* * * * * * *
[(f) Contract Period.--The head of an agency entering into
a task or delivery order contract under this section may
provide for the contract to cover a total period of not more
than five years.]
(f) Contract Period.--The head of an agency entering into a
task or delivery order contract under this section may provide
for the contract to cover any base period up to five years and
may extend the contract period for one or more successive
periods pursuant to an option provided in the contract or a
modification to the contract.
* * * * * * *
Sec. 2305a. Design-build selection procedures
(a) * * *
* * * * * * *
(f) Special Authority for Military Construction Projects.--
(1) The Secretary of a military department, and the Secretary
of Defense with respect to matters concerning the Defense
Agencies, may use funds available to the Secretary under
section 2807(a) or 18233(e) of this title to accelerate the
design effort in connection with a military construction
project for which the two-phase selection procedures described
in subsection (c) are used to select the contractor for both
the design and construction portion of the project before the
project is specifically authorized by law and before funds are
appropriated for the construction portion of the project.
Notwithstanding the limitations contained in such sections, use
of such funds for the design portion of a military construction
project may continue despite the subsequent authorization of
the project. The advance notice requirement of section 2807(b)
of this title shall continue to apply whenever the estimated
cost of the design portion of the project exceeds the amount
specified in such section.
(2) Any military construction contract that provides for an
accelerated design effort, as authorized by paragraph (1),
shall include as a condition of the contract that the liability
of the United States in a termination for convenience may not
exceed costs above the costs attributable to the final design
of the project.
(3) Not more than 36 military construction projects
containing the accelerated design effort authorized by
paragraph (1) may be carried out.
(4) Not later than March 1, 2007, the Secretary of Defense
shall submit to the congressional defense committees a report
evaluating the usefulness of the authority provided by this
subsection in expediting the design and construction of
military construction projects. The authority provided by this
subsection expires September 30, 2008, except that, if the
report required by this paragraph is not submitted by March 1,
2007, the authority shall expire on that date.
Sec. 2306b. Multiyear contracts: acquisition of property
(a) * * *
* * * * * * *
(g) Contract Cancellation Ceilings Exceeding
$100,000,000.--(1) Before any contract described in subsection
(a) that contains a clause setting forth a cancellation ceiling
in excess of $100,000,000 may be awarded, the head of the
agency concerned shall give written notification of the
proposed contract and of the proposed cancellation ceiling for
that contract to the [Committee on Armed Services and the
Committee on Appropriations of the Senate and the Committee on
Armed Services and the Committee on Appropriations of the House
of Representatives] congressional defense committees, and such
contract may not then be awarded until the end of a period of
30 days beginning on the date of such notification.
(2) In the case of a contract described in subsection (a)
with a cancellation ceiling described in paragraph (1), if the
budget for the contract does not include proposed funding for
the costs of contract cancellation up to the cancellation
ceiling established in the contract, the head of the agency
concerned shall, as part of the certification required by
subsection (i)(1)(A), give written notification to the
congressional defense committees of--
(A) the cancellation ceiling amounts planned for
each program year in the proposed multiyear procurement
contract, together with the reasons for the amounts
planned;
(B) the extent to which costs of contract
cancellation are not included in the budget for the
contract; and
(C) a financial risk assessment of not including
budgeting for costs of contract cancellation, including
proposed funding sources to meet such cancellation
costs if the contract is canceled.
* * * * * * *
Sec. 2306c. Multiyear contracts: acquisition of services
(a) * * *
* * * * * * *
(d) Restrictions Applicable Generally.--(1) The head of an
agency may not initiate under this section a contract for
services that includes an unfunded contingent liability in
excess of $20,000,000 unless the [committees of Congress named
in paragraph (5)] congressional defense committees are notified
of the proposed contract at least 30 days in advance of the
award of the proposed contract.
* * * * * * *
(3) The head of an agency may not terminate a multiyear
procurement contract for services until 10 days after the date
on which notice of the proposed termination is provided to the
[committees of Congress named in paragraph (5)] congressional
defense committees.
(4) Before any contract described in subsection (a) that
contains a clause setting forth a cancellation ceiling in
excess of $100,000,000 may be awarded, the head of the agency
concerned shall give written notification of the proposed
contract and of the proposed cancellation ceiling for that
contract to the [committees of Congress named in paragraph (5)]
congressional defense committees, and such contract may not
then be awarded until the end of a period of 30 days beginning
on the date of such notification.
[(5) The committees of Congress referred to in paragraphs
(1), (3), and (4) are as follows:
[(A) The Committee on Armed Services and the
Committee on Appropriations of the Senate.
[(B) The Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.]
(5) In the case of a contract described in subsection (a)
with a cancellation ceiling described in paragraph (4), if the
budget for the contract does not include proposed funding for
the costs of contract cancellation up to the cancellation
ceiling established in the contract, the head of the agency
concerned shall give written notification to the congressional
defense committees of--
(A) the cancellation ceiling amounts planned for
each program year in the proposed multiyear procurement
contract, together with the reasons for the amounts
planned;
(B) the extent to which costs of contract
cancellation are not included in the budget for the
contract; and
(C) a financial risk assessment of not including
budgeting for costs of contract cancellation, including
proposed funding sources to meet such cancellation
costs if the contract is canceled.
* * * * * * *
CHAPTER 138--COOPERATIVE AGREEMENTS WITH NATO ALLIES AND OTHER
COUNTRIES
* * * * * * *
SUBCHAPTER I--ACQUISITION AND CROSS-SERVICING AGREEMENTS
* * * * * * *
Sec. 2349. Overseas Workload Program
(a) * * *
* * * * * * *
(d) Definition.--In this section, the term ``major non-NATO
ally'' has the meaning given that term in section [2350a(i)(3)]
2350a(i)(2) of this title.
* * * * * * *
SUBCHAPTER II--OTHER COOPERATIVE AGREEMENTS
* * * * * * *
Sec. 2350b. Cooperative projects under Arms Export Control Act:
acquisition of defense equipment
(a) * * *
* * * * * * *
(g) Nothing in this section shall be construed as
authorizing the Secretary of Defense--
(1) [the Secretary of Defense] to waive any of the
financial management responsibilities administered by
the Secretary of the Treasury; or
* * * * * * *
CHAPTER 139--RESEARCH AND DEVELOPMENT
Sec.
2351. Availability of appropriations.
* * * * * * *
[2370a. Medical countermeasures against biowarfare threats: allocation
of funding between near-term and other threats.]
* * * * * * *
[Sec. 2370a. Medical countermeasures against biowarfare threats:
allocation of funding between near-term and other
threats
[(a) Allocation Between Near-Term and Other Threats.--Of
the funds appropriated or otherwise made available for any
fiscal year for the medical component of the Biological Defense
Research Program (BDRP) of the Department of Defense--
[(1) not more than 80 percent may be obligated and
expended for product development, or for research,
development, test, or evaluation, of medical
countermeasures against near-term validated biowarfare
threat agents; and
[(2) not more than 20 percent may be obligated or
expended for product development, or for research,
development, test, or evaluation, of medical
countermeasures against mid-term or far-term validated
biowarfare threat agents.
[(b) Definitions.--In this section:
[(1) The term ``validated biowarfare threat agent''
means a biological agent that--
[(A) is named in the biological warfare
threat list published by the Defense
Intelligence Agency; and
[(B) is identified as a biowarfare threat
by the Deputy Chief of Staff of the Army for
Intelligence in accordance with Army
regulations applicable to intelligence support
for the medical component of the Biological
Defense Research Program.
[(2) The term ``near-term validated biowarfare
threat agent'' means a validated biowarfare threat
agent that has been, or is being, developed or produced
for weaponization within 5 years, as assessed and
determined by the Defense Intelligence Agency.
[(3) The term ``mid-term validated biowarfare
threat agent'' means a validated biowarfare threat
agent that is an emerging biowarfare threat, is the
object of research by a foreign threat country, and
will be ready for weaponization in more than 5 years
and less than 10 years, as assessed and determined by
the Defense Intelligence Agency.
[(4) The term ``far-term validated biowarfare
threat agent'' means a validated biowarfare threat
agent that is a future biowarfare threat, is the object
of research by a foreign threat country, and could be
ready for weaponization in more than 10 years and less
than 20 years, as assessed and determined by the
Defense Intelligence Agency.
[(5) The term ``weaponization'' means incorporation
into usable ordnance or other militarily useful means
of delivery.]
* * * * * * *
Sec. 2374a. Prizes for advanced technology achievements
(a) Authority.--The Secretary of Defense, [acting through
the Director of the Defense Advanced Research Projects Agency]
acting through the Director of Defense Research and
Engineering, may carry out a program to award cash prizes in
recognition of outstanding achievements in basic, advanced, and
applied research, technology development, and prototype
development that have the potential for application to the
performance of the military missions of the Department of
Defense.
* * * * * * *
CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
Sec.
2381. Contracts: regulations for bids.
* * * * * * *
2401b. Limitation on lease of foreign-built vessels.
* * * * * * *
2410p. Rapid acquisition authority to respond to combat emergencies.
* * * * * * *
Sec. 2401b. Limitation on lease of foreign-built vessels
(a) Limitation.--The Secretary of a military department may
not make a contract for a lease or charter of a vessel for a
term of more than 12 months (including all options to renew or
extend the contract) if the hull, a major component of the
hull, or superstructure of the vessel is constructed in a
foreign shipyard.
(b) Presidential Waiver for National Security Interest.--
(1) The President may authorize exceptions to the limitation in
subsection (a) when the President determines that it is in the
national security interest of the United States to do so.
(2) The President shall transmit notice to Congress of any
such determination, and no contract may be made pursuant to the
exception authorized until the end of the 30-day period
beginning on the date on which the notice of the determination
is received by Congress.
* * * * * * *
Sec. 2410p. Rapid acquisition authority to respond to combat
emergencies
(a) Rapid Acquisition Authority.--The Secretary of Defense
may rapidly acquire, in accordance with this section, equipment
needed by a combatant commander to eliminate a combat
capability deficiency that has resulted in combat fatalities.
(b) Process for Rapid Acquisition.--Not later than 30 days
after the date of the enactment of this section, the Secretary
of Defense shall develop a process for the rapid acquisition
authority provided by subsection (a) and submit to Congress a
detailed explanation of the process, including procedures to be
followed in carrying out the process. The process shall provide
for the following:
(1) A requirement that the process may be used only
to acquire the minimum amount of equipment needed until
the needs of the combatant commander can be fulfilled
under existing acquisition statutes, policies,
directives, and regulations.
(2) A goal of awarding a contract for the equipment
within 15 days after receipt of a request from a
commander.
(3) In a case in which the equipment cannot be
acquired without an extensive delay, a requirement for
an interim solution to minimize the combat capability
deficiency and combat fatalities until the equipment
can be acquired.
(4) Waiver of the applicability of all policies,
directives, and regulations related to--
(A) the establishment of the requirement
for the equipment;
(B) the research, development, test, and
evaluation of the equipment; and
(C) the solicitation and selection of
sources, and the award of the contract, for
procurement of the equipment.
(5) Such other procedures or requirements as the
Secretary considers appropriate.
(c) Waiver of Certain Statutes.--For purposes of exercising
the authority provided by subsection (a) with respect to
equipment, laws relating to the following shall not apply:
(A) The establishment of the requirement for the
equipment.
(B) The research, development, test, and evaluation
of the equipment.
(C) The solicitation and selection of sources, and
the award of the contract, for procurement of the
equipment.
(d) Limitations.--The rapid acquisition authority provided
by subsection (a) may be used only--
(1) after the Secretary of Defense, without
delegation, determines in writing that there exists a
combat capability deficiency that has resulted in
combat fatalities; and
(2) to acquire equipment in an amount aggregating
not more than $100,000,000 during a fiscal year.
(e) Source of Funds.--For acquisitions under this section
to be made during any fiscal year, the Secretary may use any
funds made available to the Department of Defense for that
fiscal year.
(f) Notification to Congress After Each Use of Authority.--
The Secretary of Defense shall notify the congressional defense
committees within 15 days after each use of the authority
provided by subsection (a). Each such notice shall identify the
equipment to be acquired, the amount to be expended for such
acquisition, and the source of funds for such acquisition.
(g) Combatant Commander.--In this section, the term
``combatant commander'' means the commander of a unified
combatant command with authority for the conduct of operations
in a specific area of responsibility or who otherwise has
authority to conduct operations at the direction of the
President or Secretary of Defense.
* * * * * * *
CHAPTER 142--PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT
PROGRAM
* * * * * * *
Sec. 2416. Subcontractor information
(a) * * *
* * * * * * *
(d) In this section, the term ``defense contractor'', for
any year, means a person awarded a contract with the Department
of Defense in that year for an amount in excess of [$500,000]
$1,000,000.
* * * * * * *
CHAPTER 144--MAJOR DEFENSE ACQUISITION PROGRAMS
Sec.
2430. Major defense acquisition program defined.
* * * * * * *
2437. Development of major defense acquisition programs: sustainment
and modernization of system to be replaced.
* * * * * * *
Sec. 2437. Development of major defense acquisition programs:
sustainment and modernization of system to be
replaced
(a) Requirement for Sustaining and Modernizing Existing
Forces.--(1) The Secretary of Defense shall require that,
whenever a new major defense acquisition program begins
development, the defense acquisition authority responsible for
that program shall develop a plan (to be known as a sustainment
and modernization plan) for the existing system that the system
under development is intended to replace. Any such sustainment
and modernization plan shall provide for budgeting, sustaining,
and modernizing the existing system until the replacement
system to be developed under the major defense acquisition
program is fielded and assumes the majority responsibility for
the mission of the existing system. This section does not apply
to a major defense acquisition that reaches initial operational
capability before October 1, 2008.
(2) In this section, the term ``defense acquisition
authority'' means the Secretary of a military department or the
commander of the United States Special Operations Command.
(b) Sustainment and Modernization Plan.--The Secretary of
Defense shall require that each sustainment and modernization
plan under this section include, at a minimum, the following:
(1) The milestone schedule for the development of
the major defense acquisition program, including low-
rate initial production, initial operational
capability, full-rate production, full operational
capability, and the date when the replacement system
assumes the majority responsibility for the mission of
the existing system.
(2) An analysis of the existing system to determine
the following:
(A) A sustainment plan and budget
requirements necessary to provide service life
extension to the existing system at acceptable
reliability and availability rates.
(B) A modernization plan and budget
requirements necessary to maintain mission
capability against the relevant threats.
(C) A modernization plan and budget
requirements necessary--
(i) to transfer mature technologies
from the new system or other systems so
that the mission capability of the
existing system is enhanced against
relevant threats; and
(ii) to provide interoperability
with the new system during the period
from initial fielding until the new
system assumes the majority of
responsibility for the mission of the
existing system.
(c) Annual Review.--Each fiscal year, before the submission
to Congress of the President's budget for the next fiscal year,
the Secretary of Defense shall review the schedule performance
of each replacement major defense acquisition program for which
a sustainment and modernization plan has been developed under
this section to compare that performance with the schedule set
forth under subsection (b)(1). If the schedule for the program
has changed, then the Secretary shall notify the congressional
defense committees of such change.
(d) Exceptions.--Subsection (a) shall not apply to a major
defense acquisition program if the Secretary of Defense
determines that--
(1) the existing system is no longer relevant to
the mission;
(2) the mission has been eliminated;
(3) the mission has been consolidated with another
mission in such a manner that another existing system
can adequately meet the mission requirements; or
(4) the duration of time until the new system
assumes the majority of responsibility for the existing
system's mission is sufficiently short so that mission
availability, capability, interoperability, and force
protection requirements are maintained.
(e) Waiver.--The Secretary of Defense may waive the
applicability of subsection (a) to a major defense acquisition
program if the Secretary determines that, but for such a
waiver, the Department would be unable to meet national
security objectives. Whenever the Secretary makes such a
determination and authorizes such a waiver, the Secretary shall
submit notice of such waiver and of the Secretary's
determination and the reasons therefor in writing to the
congressional defense committees.
* * * * * * *
CHAPTER 146--CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR
INDUSTRIAL TYPE FUNCTIONS
Sec.
2460. Definition of depot-level maintenance and repair.
* * * * * * *
[2472. Management of depot employees.]
2472. Prohibition on management of depot employees by end strength.
* * * * * * *
Sec. 2461. Commercial or industrial type functions: required studies
and reports before conversion to contractor
performance
(a) * * *
(b) Notification and Elements of Analysis.--(1) * * *
* * * * * * *
(5)(A) A function of the Department of Defense performed by
10 or more civilian employees may not be converted, in whole or
in part, to performance by a contractor unless, the conversion
is based on the results of a public-private competition process
that--
(i) formally compares the cost of civilian employee
performance of the function with the costs of
performance by a contractor;
(ii) creates an agency tender, including a most
efficient organization plan, in accordance with Office
of Management and Budget Circular A-76, as implemented
on May 29, 2003;
(iii) determines whether the submitted offers meet
the needs of the Department of Defense with respect to
factors other than cost, including quality and
reliability;
(iv) requires continued performance of the function
by civilian employees if the cost of performance of the
function by a contractor would, over all performance
periods required by the solicitation, cost less than--
(I) 10 percent of the personnel-related
costs for performance of that activity or
function in the agency tender; or
(II) $10,000,000; and
(v) provides no advantage to an offeror for a
proposal to reduce costs for the Department of Defense
by--
(I) not making an employer-sponsored health
insurance plan available to the workers who are
to be employed in the performance of such
function under a contract; or
(II) offering to such workers an employer-
sponsored health benefits plan that requires
the employer to contribute less towards the
premium or subscription share than that which
is paid by the Department of Defense for health
benefits for civilian employees under chapter
89 of title 5.
(B) Any modification, reorganization, division, or other
change in the organization of a function of the Department of
Defense so that is performed by less than 10 civilian employees
of the Department of Defense and, therefore, excluded from
subparagraph (A), is prohibited.
(C) Any function that is performed by civilian employees of
the Department of Defense and is proposed to be reengineered,
reorganized, modernized, upgraded, expanded, or changed in
order to become more efficient, but the civilian employees
would still provide essentially the same service, is subject to
the competition requirement in subparagraph (A).
(D) The cost savings requirement specified in subparagraph
(A) does not apply to any contracts for special studies and
analyses, construction services, architectural services,
medical services, scientific and technical services related to
(but not in support of) research and development, and depot-
level maintenance and repair services.
(E) The Secretary of Defense may waive the competition
requirement in specific instances if--
(i) the written waiver is prepared by the Secretary
of Defense, or the relevant Assistant Secretary or
agency head;
(ii) the written waiver is accompanied by a
detailed determination that national security interests
are so compelling as to preclude compliance with the
requirement for a public-private competition; and
(iii) a copy of the waiver is published in the
Federal Register within 10 working days after the date
on which the waiver is invoked, although use of the
waiver need not be delayed until its publication.
* * * * * * *
Sec. 2466. Limitations on the performance of depot-level maintenance of
materiel
(a) * * *
* * * * * * *
[(d) Annual Reports.--(1) Not later than February 1 of each
year, the Secretary of Defense shall submit to Congress a
report identifying, for each of the armed forces (other than
the Coast Guard) and each Defense Agency, the percentage of the
funds referred to in subsection (a) that were expended during
the preceding two fiscal years for performance of depot-level
maintenance and repair workloads by the public and private
sectors, as required by this section.
[(2) Not later than April 1 of each year, the Secretary of
Defense shall submit to Congress a report identifying, for each
of the armed forces (other than the Coast Guard) and each
Defense Agency, the percentage of the funds referred to in
subsection (a) that are projected to be expended during each of
the next five fiscal years for performance of depot-level
maintenance and repair workloads by the public and private
sectors, as required by this section.
[(3) Not later than 60 days after the date on which the
Secretary submits a report under this subsection, the
Comptroller General shall submit to Congress the Comptroller
General's views on whether--
[(A) in the case of a report under paragraph (1),
the Department of Defense has complied with the
requirements of subsection (a) for the fiscal years
covered by the report; and
[(B) in the case of a report under paragraph (2),
the expenditure projections for future fiscal years are
reasonable.]
(d) Annual Report and Review.--(1) Not later than April 1
of each year, the Secretary of Defense shall submit to Congress
a report identifying, for each of the armed forces (other than
the Coast Guard) and each Defense Agency, the percentage of the
funds referred to in subsection (a) that was expended during
the preceding fiscal year, and are projected to be expended in
the current fiscal year and next fiscal year, for performance
of depot-level maintenance and repair workloads by the public
and private sectors.
(2) Not later than 60 days after the date on which the
Secretary submits a report under paragraph (1), the Comptroller
General shall submit to Congress the Comptroller General's
views on whether--
(A) the Department of Defense has complied with the
requirements of subsection (a) during the preceding
fiscal year covered by the report; and
(B) the expenditure projections for the current
fiscal year and next fiscal year are reasonable.
* * * * * * *
[Sec. 2472. Management of depot employees
[(a) Prohibition on Management by End Strength.--]
Sec. 2472. Prohibition on management of depot employees by end strength
The civilian employees of the Department of Defense,
including the civilian employees of the military departments
and the Defense Agencies, who perform, or are involved in the
performance of, depot-level maintenance and repair workloads
may not be managed on the basis of any constraint or limitation
in terms of man years, end strength, full-time equivalent
positions, or maximum number of employees. Such employees shall
be managed solely on the basis of the available workload and
the funds made available for such depot-level maintenance and
repair.
[(b) Annual Report.--Not later than December 1 of each
fiscal year, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report on the
number of employees employed and expected to be employed by the
Department of Defense during that fiscal year to perform depot-
level maintenance and repair of materiel. The report shall
indicate whether that number is sufficient to perform the
depot-level maintenance and repair functions for which funds
are expected to be provided for that fiscal year for
performance by Department of Defense employees.]
* * * * * * *
CHAPTER 147--COMMISSARIES AND EXCHANGES AND OTHER MORALE, WELFARE, AND
RECREATION ACTIVITIES
[Sec.
[2481. Existence of defense commissary system and exchange stores
system.
[2482. Commissary stores: operation.
[2482a. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide and obtain goods and
services.
[2483. Commissary stores: reimbursement for use of commissary
facilities by military departments.
[2484. Commissary stores: use of appropriated funds to cover
operating expenses.
[2485. Donation of unusable food: commissary stores and other
activities.
[2486. Commissary stores: merchandise that may be sold; uniform
surcharges and pricing.
[2487. Commissary stores: release of certain commercially valuable
information to the public.
[2488. Nonappropriated fund instrumentalities: purchase of alcoholic
beverages.
[2489. Overseas package stores: treatment of United States wines.
[2489a. Sale or rental of sexually explicit material prohibited.
[2490a. Combined exchange and commissary stores.
[2492. Overseas commissary and exchange stores: access and purchase
restrictions.
[2493. Fisher Houses: administration as nonappropriated fund
instrumentality.
[2494. Uniform funding and management of morale, welfare, and
recreation programs.
[Sec. 2481. Existence of defense commissary system and exchange stores
system
[(a) In General.--The Secretary of Defense shall operate a
defense commissary system and an exchange stores system in the
manner provided by this chapter and other provisions of law.
[(b) Separate Systems.--(1) Except as provided in paragraph
(2), the defense commissary system and the exchange stores
system shall be operated as separate systems of the Department
of Defense.
[(2) This subsection does not apply to the following:
[(A) Combined exchange and commissary stores
operated under the authority provided by section 2490a
of this title.
[(B) NEXMART stores of the Navy Exchange Service
Command established before October 1, 2003.]
Subchapter Sec.
I. Defense Commissary System...................................... 2481
II. Relationship, Continuation, and Common Policies of Defense
Commissary and Exchange Systems..................... 2487
III. Morale, Welfare, and Recreation Programs and Nonappropriated
Fund Instrumentalities.............................. 2491
SUBCHAPTER I--DEFENSE COMMISSARY SYSTEM
Sec.
2481. Existence and purpose of defense commissary system.
2482. Commissary stores: criteria for establishment or closure; store
size.
2483. Commissary stores: use of appropriated funds to cover operating
expenses.
2484. Commissary stores: merchandise that may be sold; uniform
surcharges and pricing.
2485. Commissary stores: operation.
Sec. 2481. Existence and purpose of defense commissary system
(a) Existence of System.--The Secretary of the Defense
shall operate, using funds appropriated to the Department of
Defense, a world-wide system of commissary stores that sell, at
reduced prices, food and other merchandise consistent with
societal norms for product selection in commercial large-scale
grocery stores in the United States to members of the uniformed
services on active duty, members of the uniformed services
entitled to retired pay, dependents of such members, and
patrons authorized to use the system under chapter 54 of this
title.
(b) Purpose of System.--The purpose of the defense
commissary system is to enhance the quality of life of members
of the uniformed services, retired members, dependents of such
members, and other authorized patrons and to provide such
members with an additional nonmonetary compensation in
recognition of their service to the United States.
(c) Reduces Prices Defined.--In this section, the term
``reduced prices'' means prices for food and other merchandise
determined using the price setting process specified in section
2484 of this title.
Sec. 2482. Commissary stores: criteria for establishment or closure;
store size
(a) Primary Consideration for Establishment.--The needs of
members of the uniformed services on active duty and their
dependents shall be the primary consideration whenever the
Secretary of Defense--
(1) assesses the need to establish a commissary
store; and
(2) selects the actual location for the store.
(b) Store Size.--In determining the size of a commissary
store, the Secretary of Defense shall take into consideration
the number of all authorized patrons of the defense commissary
system who are likely to use the store.
(c) Closure Considerations.--(1) Whenever assessing whether
to close a commissary store, the effect of the closure on the
quality of life of members of the uniformed services and their
dependents using the store and on the welfare and security of
the military community in which the commissary is located shall
be the primary consideration. In all cases, the quality of life
for military patrons shall take priority over any consideration
of economic criteria relative to store financial performance.
(2) The Secretary of Defense shall give the quality of life
for members of a reserve component the same priority as the
quality of life for active duty members whenever assessing
whether to close a commissary store, including when the
assessment is undertaken as a result of the closure or
realignment of a military installation under a base closure
law.
(d) Congressional Notification.--The closure of a
commissary store shall not take effect until the end of the 90-
day period beginning on the date on which the Secretary of
Defense submits to Congress written notice of the reasons
supporting the closure. The written notice shall include an
assessment of the impact closure will have on the quality of
life for military patrons and the welfare and security of the
military community in which the commissary is located.
Sec. [2484] 2483. Commissary stores: use of appropriated funds to cover
operating expenses
(a) * * *
* * * * * * *
[Sec. 2483. Commissary stores: reimbursement for use of commissary
facilities by military departments
[(a) Payment Required.--The Secretary of a military
department shall pay the Defense Commissary Agency the amount
determined under subsection (b) for any use of a commissary
facility by the military department for a purpose other than
commissary sales or operations in support of commissary sales.
[(b) Amount.--The amount payable under subsection (a) for
use of a commissary facility by a military department shall be
equal to the share of depreciation of the facility that is
attributable to that use, as determined under regulations
prescribed by the Secretary of Defense.
[(c) Covered Facilities.--This section applies with respect
to a commissary facility that is acquired, constructed,
converted, expanded, installed, or otherwise improved (in whole
or in part) with the proceeds of an adjustment or surcharge
applied under section 2486(c) of this title.
[(d) Crediting of Payments.--The Director of the Defense
Commissary Agency shall credit amounts paid under this section
for use of a facility to an appropriate account to which
proceeds of an adjustment or surcharge referred to in
subsection (c) are credited.]
Sec. [2486] 2484. Commissary stores: merchandise that may be sold;
uniform surcharges and pricing
[(a) In General.--Commissary stores are similar to
commercial grocery stores and may sell merchandise similar to
that sold in commercial grocery stores.
[(b) Authorized Commissary Merchandise Categories.--
Merchandise sold in, at, or by commissary stores may include
items only in the following categories:
[(1) Health and beauty aids.
[(2) Meat and poultry.
[(3) Fish and seafood.
[(4) Produce.
[(5) Food and non-food grocery items.
[(6) Bakery goods.
[(7) Dairy products.
[(8) Tobacco products.
[(9) Delicatessen items.
[(10) Frozen foods.
[(11) Magazines and other periodicals.
[(12) Such other merchandise categories as the
Secretary of Defense may prescribe, except that the
Secretary shall notify Congress of any addition of, or
change in, a merchandise category under this paragraph.
[(c) Uniform Sales Price Surcharge or Adjustment.--An
adjustment of or surcharge on sales prices in commissary stores
under subsection (d) or section 2685(a) of this title or for
any other purpose shall be applied as a uniform percentage of
the sales price of all merchandise sold in, at, or by
commissary stores. Effective on November 18, 1997, the uniform
percentage shall be equal to five percent and may not be
changed except by a law enacted after such date.]
(a) In General.--As provided in section 2481(a) of this
title, commissary stores are intended to be similar to
commercial grocery stores and may sell merchandise similar to
that sold in commercial grocery stores. The Secretary of
Defense shall ensure that the design and format of commissary
stores are consistent with modern grocery store stockage and
format.
(b) Required Commissary Merchandise Categories.--
Merchandise sold in, at, or by commissary stores shall include
items in the following categories:
(1) Meat, poultry, and seafood.
(2) Nonalcoholic beverages.
(3) Produce.
(4) Grocery food, whether stored chilled, frozen,
or at room temperature.
(5) Dairy products.
(6) Bakery and delicatessen items.
(7) Nonfood grocery items.
(8) Health and beauty aids.
(9) Magazines and periodicals.
(10) Telephone cards, greeting cards, and film and
one-time use cameras.
(c) Inclusion of General Merchandise Items.--(1) Among the
various defense retail systems--
(A) commissary stores shall be the primary
Department of Defense-operated store for the sale of
items described in paragraphs (1) through (7) of
subsection (b); and
(B) exchange stores shall continue to maintain the
exclusive right to operate convenience stores,
shopettes, and troop stores, including such stores
established to support contingency operations.
(2) Merchandise sold in commissary stores may include such
general merchandise items as the Secretary of Defense may
prescribe, except that the Secretary may not exclude seasonal
items, tobacco products, pet supplies, batteries, potted plants
and floral bouquets, women's hosiery, and school supplies, to
the extent such products have been available in commissary
stores before June 1, 2004, unless the Secretary determines
that space or other considerations preclude the sale of all or
some of the specified items. The Secretary shall provide notice
to Congress of any reduction in the availability of such items
at least 30 days before the reduction takes effect.
(3) A military exchange may be considered as the vendor for
the purchase of tobacco products, greeting cards, and film and
one-time use cameras and shall serve as the vendor for
telephone cards. Subsections (e) and (f) shall not apply to the
pricing of such an item when a military exchange serves as the
vendor of the item. Commissary store and exchange prices shall
be comparable for such an item.
(4) During the two-year period ending March 31, 2007, the
Secretary shall maintain sales data for commissary stores and
exchange stores regarding the items identified in subsection
(b)(10). Not later than August 1, 2007, the Secretary shall
submit to Congress a report containing such sales data.
(d) Excluded Goods or Services.--Commissary stores shall
not offer film development services.
(e) Uniform Sales Price Surcharge.--The Secretary of
Defense shall apply a uniform surcharge equal to not more than
five percent on the sales prices established under subsection
(f) for each item of merchandise sold in, at, or by commissary
stores.
[(d)] (f) Sales Price Establishment.--(1) The Secretary of
Defense shall establish the sales price of each item of
merchandise sold in, at, or by commissary stores at the level
that will recoup the actual product cost of the item
[(consistent with this section and section 2685 of this
title)].
* * * * * * *
[(e)] (g) Special Rule for Brand-Name Commercial Items.--
The Secretary of Defense may not use the exception provided in
section 2304(c)(5) of this title regarding the procurement of a
brand-name commercial item for resale in, at, or by commissary
stores unless the commercial item is regularly sold outside of
commissary stores under the same brand name as the name by
which the commercial item will be sold in, at, or by commissary
stores. In determining whether a brand name commercial item is
regularly sold outside of commissary stores, the Secretary
shall consider only sales of the item on a regional or national
basis by commercial grocery or other retail operations
consisting of multiple stores.]
[(f)] (h) Special Rules for Certain Merchandise.--
Notwithstanding the general requirement that merchandise sold
in, at, or by commissary stores be commissary store inventory,
the Secretary of Defense may authorize the sale of tobacco
products as noncommissary store inventory. [Subsections (c) and
(d)] Subsections (e) and (f) shall not apply to the pricing of
such merchandise items.
[(g) Collection of Dishonored Checks.--(1) The Secretary of
Defense may impose a charge for the collection of a check
accepted at a commissary store that is not honored by the
financial institution on which the check is drawn. The
imposition and amounts of charges shall be consistent with
practices of commercial grocery stores regarding dishonored
checks.
[(2)(A) The following persons are liable to the United
States for the amount of a check referred to in paragraph (1)
that is returned unpaid to the United States, together with any
charge imposed under that paragraph:
[(i) The person who presented the check.
[(ii) Any person whose status and relationship to
the person who presented the check provide the basis
for that person's eligibility to make purchases at a
commissary store.
[(B) Any amount for which a person is liable under
subparagraph (A) may be collected by deducting and withholding
such amount from any amounts payable to that person by the
United States.
[(3) Amounts collected as charges imposed under paragraph
(1) shall be credited to the commissary trust revolving fund.
[(4) Appropriated funds may be used to pay any costs
incurred in the collection of checks and charges referred to in
paragraph (1). An appropriation account charged a cost under
the preceding sentence shall be reimbursed the amount of that
cost out of funds in the commissary trust revolving fund.
[(5) In this subsection, the term ``commissary trust
revolving fund'' means the trust revolving fund maintained by
the Department of Defense for surcharge collections and
proceeds of sales of commissary stores.]
(i) Use of Surcharge for Construction, Repair, Improvement,
and Maintenance.--(1)(A) The Secretary of Defense may use the
proceeds from the surcharges imposed under subsection (e)
only--
(i) to acquire (including acquisition by lease),
construct, convert, expand, improve, repair, maintain,
and equip the physical infrastructure of commissary
stores and central product processing facilities of the
defense commissary system; and
(ii) to cover environmental evaluation and
construction costs related to activities described in
clause (i), including costs for surveys,
administration, overhead, planning, and design.
(B) In subparagraph (A), the term ``physical
infrastructure'' includes real property, utilities, and
equipment (installed and free standing and including computer
equipment), necessary to provide a complete and usable
commissary store or central product processing facility.
(2)(A) The Secretary of Defense may authorize a
nonappropriated fund instrumentality of the United States to
enter into a contract for construction of a shopping mall or
similar facility for a commissary store and one or more
nonappropriated fund instrumentality activities. The Secretary
may use the proceeds of surcharges under subsection (e) to
reimburse the nonappropriated fund instrumentality for the
portion of the cost of the contract that is attributable to
construction of the commissary store or to pay the contractor
directly for that portion of such cost.
(B) In subparagraph (A), the term ``construction'', with
respect to a facility, includes acquisition, conversion,
expansion, installation, or other improvement of the facility.
(3) The Secretary of Defense, with the approval of the
Director of the Office of Management and Budget, may obligate
anticipated proceeds from the surcharges under subsection (e)
for any use specified in paragraph (1) or (2), without regard
to fiscal year limitations, if the Secretary determines that
such obligation is necessary to carry out any use of such
adjustments or surcharges specified in such paragraph.
(4) Revenues received by the Secretary of Defense from the
following sources or activities of commissary store facilities
shall be available for the purposes set forth in paragraphs
(1), (2), and (3):
(A) Sale of recyclable materials.
(B) Sale of excess and surplus property.
(C) License fees.
(D) Royalties.
(E) Fees paid by sources of products in order to
obtain favorable display of the products for resale,
known as business related management fees.
[Sec. 2485. Donation of unusable food: commissary stores and other
activities
[(a) The Secretary of Defense may donate food described in
subsection (b) to entities specified under subsection (d).
[(b) Food that may be donated under this section is
commissary store food, mess food, meals ready-to-eat (MREs),
rations known as humanitarian daily rations (HDRs), and other
food available to the Secretary of Defense that--
[(1) is certified as edible by appropriate food
inspection technicians;
[(2) would otherwise be destroyed as unusable; and
[(3) in the case of commissary store food, is
unmarketable and unsaleable.
[(c) In the case of commissary store food, a donation under
this section shall take place at the site of the commissary
that is donating the food.
[(d) A donation under this section may only be made to an
entity that is one of the following:
[(1) A charitable nonprofit food bank that is
designated by the Secretary of Defense or the Secretary
of Health and Human Services as authorized to receive
such donations.
[(2) A State or local agency that is designated by
the Secretary of Defense or the Secretary of Health and
Human Services as authorized to receive such donations.
[(3) A chapter or other local unit of a recognized
national veterans organization that provides services
to persons without adequate shelter and is designated
by the Secretary of Veterans Affairs as authorized to
receive such donations.
[(4) A not-for-profit organization that provides
care for homeless veterans and is designated by the
Secretary of Veterans Affairs as authorized to receive
such donations.
[(e) This section does not authorize any service (including
transportation) to be provided in connection with a donation
under this section.]
Sec. [2482] 2485. Commissary stores: operation
(a) Private Operation.--(1) * * *
(2) Any change to private operation of a commissary store
function that is being performed by more than 10 Department of
Defense civilian employees shall not take effect until the end
of the 75-day period beginning on the date on which the
Secretary of Defense submits to Congress written notice of the
change. Until December 31, 2009, the Defense Commissary Agency
is not required to conduct any cost-comparison study under the
policies and procedures of Office of Management and Budget
Circular A-76 relating to the possible contracting out of
commissary store functions.
(b) Contracts With Other Agencies and Instrumentalities.--
(1) * * *
(2) A commissary store operated by a nonappropriated fund
instrumentality of the Department of Defense shall be operated
in accordance with [section 2484] section 2483 of this title.
Subject to such section, the Secretary of Defense may authorize
a transfer of goods, supplies, and facilities of, and funds
appropriated for, the Defense Commissary Agency or any other
agency of the Department of Defense that supports the operation
of the commissary system to a nonappropriated fund
instrumentality for the operation of a commissary store.
(c) Governing Board.--(1) * * *
(2) The Secretary of Defense shall determine the membership
of the governing board, which shall include, at a minimum,
appropriate representatives from each military department. The
chairman of the governing board shall be a commissioned officer
or member of the senior executive service who has demonstrated
experience or knowledge relevant to the management of the
defense commissary system. In selecting other members of the
governing board, the Secretary shall give priority to persons
with experience related to logistics, military personnel,
military entitlements or other experiences of value of
management of commissaries.
* * * * * * *
(d) Assignment of Active Duty Members.--(1) Except as
provided in paragraph (2), members of the armed forces on
active duty may not be assigned to the operation of a
commissary store.
(2)(A) The Secretary of Defense may assign an officer on
the active-duty list to serve as the Director of the Defense
Commissary Agency.
(B) Not more than 18 members (in addition to the officer
referred to in subparagraph (A)) of the armed forces on active
duty may be assigned to the Defense Commissary Agency. Members
who may be assigned under this subparagraph to regional
headquarters of the agency shall be limited to enlisted members
assigned to duty as advisers in the regional headquarters
responsible for overseas commissaries and to veterinary
specialists.
(e) Reimbursement for Use of Commissary Facilities by
Military Departments.--(1) The Secretary of a military
department shall pay the Defense Commissary Agency the amount
determined under paragraph (2) for any use of a commissary
facility by the military department for a purpose other than
commissary sales or operations in support of commissary sales.
(2) The amount payable under paragraph (1) for use of a
commissary facility by a military department shall be equal to
the share of depreciation of the facility that is attributable
to that use, as determined under regulations prescribed by the
Secretary of Defense.
(3) The Director of the Defense Commissary Agency shall
credit amounts paid under paragraph (1) for use of a facility
to an appropriate account to which proceeds of a surcharge
applied under section 2484(e) of this title are credited.
(4) This subsection applies with respect to a commissary
facility that is acquired, constructed, converted, expanded,
installed, or otherwise improved (in whole or in part) with the
proceeds of a surcharge applied under section 2484(e) of this
title.
(f) Donation of Unusable Food.--(1) The Secretary of
Defense may donate food described in paragraph (2) to any of
the following entities:
(A) A charitable nonprofit food bank that is
designated by the Secretary of Defense or the Secretary
of Health and Human Services as authorized to receive
such donations.
(B) A State or local agency that is designated by
the Secretary of Defense or the Secretary of Health and
Human Services as authorized to receive such donations.
(C) A chapter or other local unit of a recognized
national veterans organization that provides services
to persons without adequate shelter and is designated
by the Secretary of Veterans Affairs as authorized to
receive such donations.
(D) A not-for-profit organization that provides
care for homeless veterans and is designated by the
Secretary of Veterans Affairs as authorized to receive
such donations.
(2) Food that may be donated under this subsection is
commissary store food, mess food, meals ready-to-eat (MREs),
rations known as humanitarian daily rations (HDRs), and other
food available to the Secretary of Defense that--
(A) is certified as edible by appropriate food
inspection technicians;
(B) would otherwise be destroyed as unusable; and
(C) in the case of commissary store food, is
unmarketable and unsaleable.
(3) In the case of commissary store food, a donation under
this subsection shall take place at the site of the commissary
store that is donating the food.
(4) This subsection does not authorize any service
(including transportation) to be provided in connection with a
donation under this subsection.
(g) Collection of Dishonored Checks.--(1) The Secretary of
Defense may impose a charge for the collection of a check
accepted at a commissary store that is not honored by the
financial institution on which the check is drawn. The
imposition and amounts of charges shall be consistent with
practices of commercial grocery stores regarding dishonored
checks.
(2)(A) The following persons are liable to the United
States for the amount of a check referred to in paragraph (1)
that is returned unpaid to the United States, together with any
charge imposed under that paragraph:
(i) The person who presented the check.
(ii) Any person whose status and relationship to
the person who presented the check provide the basis
for that person's eligibility to make purchases at a
commissary store.
(B) Any amount for which a person is liable under
subparagraph (A) may be collected by deducting and withholding
such amount from any amounts payable to that person by the
United States.
(3) Amounts collected as charges imposed under paragraph
(1) shall be credited to the commissary trust revolving fund.
(4) Appropriated funds may be used to pay any costs
incurred in the collection of checks and charges referred to in
paragraph (1). An appropriation account charged a cost under
the preceding sentence shall be reimbursed the amount of that
cost out of funds in the commissary trust revolving fund.
(5) In this subsection, the term ``commissary trust
revolving fund'' means the trust revolving fund maintained by
the Department of Defense for surcharge collections and
proceeds of sales of commissary stores.
(h) Release of Certain Commercially Valuable Information to
Public.--(1) The Secretary of Defense may limit the release to
the public of any information described in paragraph (2) if the
Secretary determines that it is in the best interest of the
Department of Defense to limit the release of such information.
If the Secretary determines to limit the release of any such
information, the Secretary may provide for limited release of
such information in accordance with paragraph (3).
(2) Paragraph (1) applies to the following:
(A) Information contained in the computerized
business systems of commissary stores or the Defense
Commissary Agency that is collected through or in
connection with the use of electronic scanners in
commissary stores, including the following information:
(i) Data relating to sales of goods or
services.
(ii) Demographic information on customers.
(iii) Any other information pertaining to
commissary transactions and operations.
(B) Business programs, systems, and applications
(including software) relating to commissary operations
that were developed with funding derived from
commissary surcharges.
(3)(A) The Secretary of Defense may, using competitive
procedures, enter into a contract to sell information described
in paragraph (2).
(B) The Secretary of Defense may release, without charge,
information on an item sold in commissary stores to the
manufacturer or producer of that item or an agent of the
manufacturer or producer.
(C) The Secretary of Defense may, by contract entered into
with a business, grant to the business a license to use
business programs referred to in paragraph (2)(B), including
software used in or comprising any such program. The fee
charged for the license shall be based on the costs of similar
programs developed and marketed by businesses in the private
sector, determined by means of surveys.
(D) Each contract entered into under this paragraph shall
specify the amount to be paid for information released or a
license granted under the contract, as the case may be.
(4) Information described in paragraph (2) may not be
released, under paragraph (3) or otherwise, in a form that
identifies any customer or that provides information making it
possible to identify any customer.
(5) Amounts received by the Secretary under this section
shall be credited to funds derived from commissary surcharges
applied under section 2484(e) of this title, shall be merged
with those funds, and shall be available for the same purposes
as the funds with which merged.
[Sec. 2487. Commissary stores: release of certain commercially valuable
information to the public
[(a) Authority To Limit Release.--(1) The Secretary of
Defense may limit the release to the public of any information
described in paragraph (2) if the Secretary determines that it
is in the best interest of the Department of Defense to limit
the release of such information. If the Secretary determines to
limit the release of any such information, the Secretary may
provide for limited release of such information in accordance
with subsection (b).
[(2) Paragraph (1) applies to the following:
[(A) Information contained in the computerized
business systems of commissary stores or the Defense
Commissary Agency that is collected through or in
connection with the use of electronic scanners in
commissary stores, including the following information:
[(i) Data relating to sales of goods or
services.
[(ii) Demographic information on customers.
[(iii) Any other information pertaining to
commissary transactions and operations.
[(B) Business programs, systems, and applications
(including software) relating to commissary operations
that were developed with funding derived from
commissary surcharges.
[(b) Release Authority.--(1) The Secretary of Defense may,
using competitive procedures, enter into a contract to sell
information described in subsection (a)(2).
[(2) The Secretary of Defense may release, without charge,
information on an item sold in commissary stores to the
manufacturer or producer of that item or an agent of the
manufacturer or producer.
[(3) The Secretary of Defense may, by contract entered into
with a business, grant to the business a license to use
business programs referred to in subsection (a)(2)(B),
including software used in or comprising any such program. The
fee charged for the license shall be based on the costs of
similar programs developed and marketed by businesses in the
private sector, determined by means of surveys.
[(4) Each contract entered into under this subsection shall
specify the amount to be paid for information released or a
license granted under the contract, as the case may be.
[(c) Form of Release.--Information described in subsection
(a)(2) may not be released, under subsection (b) or otherwise,
in a form that identifies any customer or that provides
information making it possible to identify any customer.
[(d) Receipts.--Amounts received by the Secretary under
this section shall be credited to funds derived from commissary
surcharges, shall be merged with those funds, and shall be
available for the same purposes as the funds with which merged.
[(e) Definition.--In this section, the term ``commissary
surcharge'' means any adjustment or surcharge applied under
section 2486(c) of this title.]
SUBCHAPTER II--RELATIONSHIP, CONTINUATION, AND COMMON POLICIES OF
DEFENSE COMMISSARY AND EXCHANGE SYSTEMS
Sec.
2487. Existence and purpose of defense commissary system.
2488. Combined exchange and commissary stores.
2489. Overseas commissary and exchange stores: access and purchase
restrictions.
Sec. 2487. Relationship between defense commissary system and exchange
stores system
(a) Separate Systems.--(1) Except as provided in paragraph
(2), the defense commissary system and the exchange stores
system shall be operated as separate systems of the Department
of Defense.
(2) Paragraph (1) does not apply to the following:
(A) Combined exchange and commissary stores
operated under the authority provided by section 2489
of this title.
(B) NEXMART stores of the Navy Exchange Service
Command established before October 1, 2003.
(b) Consolidation or Other Organizational Changes of
Defense Retail Systems.--(1) The operation and administration
of the defense retail systems may not be consolidated or
otherwise merged unless the consolidation or merger is
specifically authorized by an Act of Congress.
(2) In this subsection, the term ``defense retail systems''
means the defense commissary system and exchange stores system
and other revenue-generating facilities operated by
nonappropriated fund instrumentalities of the Department of
Defense for the morale, welfare, and recreation of members of
the armed forces
Sec. [2490a] 2488. Combined exchange and commissary stores
(a) * * *
* * * * * * *
Sec. [2492] 2489. Overseas commissary and exchange stores: access and
purchase restrictions
(a) * * *
* * * * * * *
SUBCHAPTER III--MORALE, WELFARE, AND RECREATION PROGRAMS AND
NONAPPROPRIATED FUND INSTRUMENTALITIES
Sec.
2491. Uniform funding and management of morale, welfare, and recreation
programs.
2491a. Department of Defense golf courses: limitation on use of
appropriated funds.
2491b. Use of appropriated funds for operation of Armed Forces
Recreation Center, Europe: limitation.
2491c. Retention of morale, welfare, and recreation funds by military
installations: limitation.
2492. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide and obtain goods and
services.
2493. Fisher Houses: administration as nonappropriated fund
instrumentality.
2494. Nonappropriated fund instrumentalities: furnishing utility
services for morale, welfare, and recreation purposes.
2495. Nonappropriated fund instrumentalities: purchase of alcoholic
beverages.
2495a. Overseas package stores: treatment of United States wines.
2495b. Sale or rental of sexually explicit material prohibited.
Sec. [2494] 2491. Uniform funding and management of morale, welfare,
and recreation programs
(a) * * *
* * * * * * *
Sec. [2246] 2491a. Department of Defense golf courses: limitation on
use of appropriated funds
(a) * * *
* * * * * * *
Sec. [2247] 2491b. Use of appropriated funds for operation of Armed
Forces Recreation Center, Europe: limitation
(a) * * *
* * * * * * *
Sec. [2219] 2491c. Retention of morale, welfare, and recreation funds
by military installations: limitation
Amounts may not be retained in a nonappropriated morale,
welfare, and recreation account of a military installation of
an armed force in excess of the amount necessary to meet cash
requirements of that installation. Amounts in excess of that
amount shall be transferred to a single nonappropriated morale,
welfare, and recreation account for that armed force. This
section does not apply to the Coast Guard.
Sec. [2482a] 2492. Nonappropriated fund instrumentalities: contracts
with other agencies and instrumentalities to
provide and obtain goods and services
An agency or instrumentality of the Department of Defense
that supports the operation of the exchange system, or the
operation of a morale, welfare, and recreation system, of the
Department of Defense may enter into a contract or other
agreement with another element of the Department of Defense or
with another Federal department, agency, or instrumentality to
provide or obtain goods and services beneficial to the
efficient management and operation of the exchange system or
that morale, welfare, and recreation system.
Sec. 2494. Nonappropriated fund instrumentalities: furnishing utility
services for morale, welfare, and recreation
purposes
Appropriations for the Department of Defense may be used to
provide utility services for--
(1) buildings on military installations authorized
by regulation to be used for morale, welfare, and
recreation purposes; and
(2) other morale, welfare, and recreation
activities for members of the armed forces.
Sec. [2488] 2495. Nonappropriated fund instrumentalities: purchase of
alcoholic beverages
(a) * * *
* * * * * * *
Sec. [2489] 2495a. Overseas package stores: treatment of United States
wines
The Secretary of Defense shall ensure that each
nonappropriated fund activity engaged principally in selling
alcoholic beverage products in a packaged form (commonly
referred to as a ``package store'') that is located at a
military installation outside the United States shall give
appropriate treatment with respect to wines produced in the
United States to ensure that such wines are given, in general,
an equitable distribution, selection, and price when compared
with wines produced by the host nation.
Sec. [2489a] 2495b. Sale or rental of sexually explicit material
prohibited
(a) * * *
* * * * * * *
CHAPTER 148--NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE
REINVESTMENT, AND DEFENSE CONVERSION
* * * * * * *
SUBCHAPTER III--PROGRAMS FOR DEVELOPMENT, APPLICATION, AND SUPPORT OF
DUAL-USE TECHNOLOGIES
* * * * * * *
Sec. 2515. Office of Technology Transition
(a) * * *
* * * * * * *
(d) Biennial Report.--[(1)] The Secretary of Defense shall
submit to the [congressional committees specified in paragraph
(2)] congressional defense committees a biennial report on the
activities of the Office. The report shall be submitted each
even-numbered year at the same time that the budget is
submitted to Congress by the President pursuant to section 1105
of title 31. The report shall contain a discussion of the
accomplishments of the Office during the two fiscal years
preceding the fiscal year in which the report is submitted.
[(2) The committees referred to in paragraph (1) are--
[(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
[(B) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.]
* * * * * * *
SUBCHAPTER V--MISCELLANEOUS TECHNOLOGY BASE POLICIES AND PROGRAMS
Sec.
2531. Defense memoranda of understanding and related agreements.
* * * * * * *
2532a. Defense trade reciprocity.
* * * * * * *
Sec. 2532a. Defense trade reciprocity
(a) Policy.--(1) It is the policy of Congress that
procurement regulations used in the conduct of trade in defense
articles and defense services shall be based on the principle
of fair trade and reciprocity consistent with United States
national security, including the need to ensure comprehensive
manufacturing capability in the United States defense
industrial base for military system essential items.
(2) The Secretary of Defense shall make every effort to
ensure that the policies and practices of the Department of
Defense reflect the goal of establishing an equitable trading
relationship between the United States and its foreign defense
trade partners, including ensuring that United States firms and
United States employment in the defense sector are not
disadvantaged by unilateral procurement practices by foreign
governments, such as the imposition of offset agreements or
similar requirements in defense procurements by those
governments. In pursuing this goal, the Secretary shall--
(A) develop a comprehensive defense acquisition
trade policy that provides the necessary guidance and
incentives for the elimination of offset agreements as
an accepted practice in defense trade; and
(B) review and make necessary modifications to
existing acquisition policies and strategies, and
review and seek to make necessary modifications to
existing memoranda of understanding, cooperative
project agreements, or related agreements with foreign
defense trade partners, to reflect this goal.
(b) Requirement.--The Secretary of Defense may not enter
into a contract, or approve or permit any subcontract under a
contract entered into by the Department of Defense, for the
procurement of any defense article or defense service from a
foreign firm unless the country in which the foreign firm
performs substantially all of its manufacturing, production,
and research and development activities in the performance of
the contract (or subcontract) agrees to apply offset agreements
to the procurement of defense articles and defense services
from the United States firms in the same manner and to the same
degree as such agreements are applied by the Department of
Defense to the procurement of defense articles and defense
services from that country.
(c) Exception.--Subsection (b) does not apply to a contract
or subcontract for the procurement of a defense article or
defense service from a foreign firm if the Secretary of Defense
determines in writing, with respect to the specific contract or
subcontract, that an exception to subsection (b) is necessary
for the Department to be able to meet national security
objectives.
(d) Notification Required When Exception Applied.--The
Secretary of Defense may not apply an exception under
subsection (c) until--
(1) a notification of the intent to apply such
exception is submitted to the congressional defense
committees and published in the Federal Register; and
(2) a period of 30 days has expired after the date
on which such notification is so submitted and
published.
(e) Authority to Apply Exception Not Delegable.--The
authority of the Secretary to apply the exception under
subsection (c) may not be delegated to any officer or employee
in a position at a level lower than the position of the Under
Secretary of Defense for Acquisition, Technology, and
Logistics.-
(f) Regulations.--The Secretary shall prescribe regulations
to implement this section in the Department of Defense
supplement to the Federal Acquisition Regulation.
(g) Effective Date.--This section and the regulations
prescribed under this section shall apply to contracts and
subcontracts entered into on and after the date occurring one
year after the date of the enactment of this Act.
(h) Definitions.--In this section:
(1) The term ``foreign firm'' means a business
entity that performs substantially all of its
manufacturing, production, and research and development
activities outside of the United States.
(2) The term ``United States firm'' means a
business entity that performs substantially all of its
manufacturing, production, and research and development
activities in the United States.
(3) The term ``foreign defense trade partner''
means a foreign country with respect to which there
is--
(A) a memorandum of understanding or
related agreement described in section 2531(a)
of title 10, United States Code; or
(B) a cooperative project agreement
described in section 27 of the Arms Export
Control Act (22 U.S.C. 2767).
(4) The term ``offset agreement'' has the meaning
provided that term by section 36(e) of the Arms Export
Control Act (22 U.S.C. 2776(e)).
(5) The terms ``defense article'' and ``defense
service'' have the meanings provided those terms by
section 47(7) of the Arms Export Control Act (22 U.S.C.
2794(7)).
(6) The term ``military system essential item''
means an item on the military system essential item
breakout list produced pursuant to section 813(b) of
the National Defense Authorization Act for Fiscal Year
2004 (P.L. 108-136; 117 Stat. 1544).
* * * * * * *
Sec. 2533a. Requirement to buy certain articles from American sources;
exceptions
(a) * * *
(b) Covered Items.--An item referred to in subsection (a)
is any of the following:
(1) An article or item of--
(A) * * *
(B) clothing and the materials and
components thereof, other than sensors,
electronics, or other items added to, and not
normally associated with, clothing (and the
materials and components thereof);
* * * * * * *
(k) Notification Required When Certain Exceptions
Applied.--(1) Funds appropriated or otherwise available to the
Department of Defense may not be used to enter into a contract
to procure an item described in subsection (b) pursuant to an
exception set forth in subsection (c) or (e) until--
(A) a notification of the intent to apply such
exception is submitted to Congress and posted on the
website maintained by the General Services
Administration known as FedBizOpps.gov (or any
successor site); and
(B) a period of 15 days has expired after the date
on which such notification is so submitted and
published.
(2) In any case in which the Secretary of Defense or the
Secretary of the military department concerned intends to apply
or applies the exception set forth in subsection (d)(1), the
Secretary concerned shall submit to Congress a notification of
such intent or such application during the period beginning six
months before the date of application of such exception and
ending six months after the date of application of such
exception.
* * * * * * *
SUBCHAPTER VI--DEFENSE EXPORT LOAN GUARANTEES
* * * * * * *
Sec. 2540. Establishment of loan guarantee program
(a) * * *
(b) Covered Countries.--The authority under subsection (a)
applies with respect to the following countries:
(1) * * *
(2) A country designated as of March 31, 1995, as a
major non-NATO ally pursuant to section 2350a(i)(3) of
this title, as in effect on that date.
* * * * * * *
CHAPTER 155--ACCEPTANCE OF GIFTS AND SERVICES
Sec.
2601. General gift funds.
* * * * * * *
2613. Acceptance of frequent traveler miles, credits, and tickets;
use to facilitate rest and recuperation travel of deployed
members and their families.
* * * * * * *
Sec. 2606. Scouting: cooperation and assistance in foreign areas
(a) Authority to Cooperate and Provide Assistance.--
[Subject to subsection (b)] In the interest of promoting the
recognized morale, welfare, and recreation of members of the
armed forces, the Secretary concerned may cooperate with and
assist qualified scouting organizations in establishing and
providing facilities and services for members of the armed
forces and their dependents, and civilian employees of the
Department of Defense and their dependents, at locations
outside the United States.
(b) Cooperation and assistance under subsection (a) shall
be provided under regulations prescribed by the Secretary of
Defense [and may be provided only if the President determines
that such cooperation and assistance is necessary in the
interest of the morale, welfare, and recreation of members of
the armed forces].
(c) Treatment as Nonappropriated Fund Instrumentalities.--
(1) Subject to paragraphs (2) and (3), to the extent a
qualified scouting organization is providing services for
members of the armed forces and their dependents, or civilian
employees of the Department of Defense and their dependents, at
a location outside the United States consistent with the
regulations prescribed under subsection (b), the qualified
scouting organization shall be a nonappropriated fund
instrumentality of the Department of Defense.
(2) Notwithstanding treatment as a nonappropriated fund
instrumentality of the Department of Defense, personnel of the
qualified scouting organization who are performing duties in
connection with cooperation and assistance provided under
subsection (a) may continue such policies and procedures
related to personnel management and such other policies or
procedures established by the qualified scouting organization
as the personnel consider appropriate, subject to the approval
of the qualified scouting organization.
(3) A qualified scouting organization operating outside the
United States may operate as a private association overseas for
the purpose of raising funds. Any funds so raised may not be
commingled with amounts retained in a nonappropriated morale,
welfare, and recreation account of the Department of Defense.
(d) Treatment as Nonappropriated Fund Instrumentality
Employees.--(1) Personnel of a qualified scouting organization
who are performing duties in connection with cooperation and
assistance provided under subsection (a) for members of the
armed forces and their dependents, or civilian employees of the
Department of Defense and their dependents, shall be
nonappropriated fund instrumentality employees of the United
States for any period during which the personnel perform such
duties.
(2) Such personnel of a qualified scouting organization
shall receive the same benefits, entitlements, and logistical
support as other nonappropriated fund instrumentality
employees, except that such personnel--
(A) shall be allowed to decline to participate in
retirement programs or other personnel management
policies or procedures available to other
nonappropriated fund instrumentality employees and
elect to continue the programs, policies or procedures
made available by the qualified scouting organization;
and
(B) shall not receive nonappropriated fund
instrumentality employment credit nor rehire priority.
(3) In the regulations prescribed under subsection (b), the
Secretary of Defense may authorize the use of funds
appropriated to the Department of Defense to pay costs of such
personnel of a qualified scouting organization, including
reimbursement of the personnel or the qualified scouting
organization, in the case of those retirement, personnel
management, and other compensation programs regarding which the
personnel have elected to continue the programs made available
to them by the qualified scouting organization.
[(c)] (e) Provision of Transportation, Space, and
Services.--Personnel of a qualified scouting organization,
including officials certified by that organization as
representing that organization, who are performing duties in
connection with cooperation and assistance provided under
subsection (a) may be furnished, using the authority of
subsection (d)(3)--
(1) * * *
* * * * * * *
[(d)] (f) Transportation of Supplies.--Supplies of a
qualified scouting organization may be transported at the
expense of the United States if the Secretary concerned
determines, under regulations prescribed under subsection (b),
that the supplies are necessary to the cooperation and
assitance provided under this section.
[(e) The Secretary concerned may reimburse a qualified
scouting organization for all or part of the pay of an employee
of that organization for any period during which the employee
was performing services under subsection (a). Any such
reimbursement may not be made from appropriated funds and shall
be made under regulations prescribed under subsection (b).
[(f) For the purposes of this section, employees of a
qualified scouting organization performing services under
subsection (a) may not be considered to be employees of the
United States.]
(g) Definition.--In this section, the term ``qualified
scouting organization'' means the Girl Scouts of the United
States of America and the Boy Scouts of America.
* * * * * * *
Sec. 2613. Acceptance of frequent traveler miles, credits, and tickets;
use to facilitate rest and recuperation travel of
deployed members and their families
(a) Authority to Accept Donation of Travel Benefits.--
Subject to subsection (c), the Secretary of Defense may accept
from any person or government agency the donation of travel
benefits for the purposes of use under subsection (d).
(b) Travel Benefit Defined.--In the section, the term
``travel benefit'' means frequent traveler miles, credits for
tickets, or tickets for air or surface transportation issued by
an air carrier or a surface carrier, respectively, that serves
the public.
(c) Condition on Authority to Accept Donation.--The
Secretary may accept a donation of a travel benefit under this
section only if the air or surface carrier that is the source
of the benefit consents to such donation. Any such donation
shall be under such terms and conditions as the surface carrier
may specify, and the travel benefit so donated may be used only
in accordance with the rules established by the carrier.
(d) Use of Donated Travel Benefits.--A travel benefit
accepted under this section may be used only for the purpose
of--
(1) facilitating the travel of a member of the
armed forces who--
(A) is deployed on active duty away from
the permanent duty station of the member; and
(B) is granted, during such deployment,
rest and recuperative leave, emergency leave,
convalescent leave, or another form of leave
authorized for the member; or
(2) facilitating the travel of family members of a
member described in paragraph (1) in order to be
reunited with the member.
(e) Administration.--The Secretary shall designate a single
office in the Department of Defense to carry out this section.
That office shall be responsible for developing rules and
procedures to facilitate the acceptance and distribution of
travel benefit under this section.
(f) Status of Benefits Received.--A member of the armed
forces, or a family member of a member of the armed forces, who
receives a travel benefit under this section is deemed to
recognize no income from the receipt or use of such benefit. A
donors of a travel benefit under this section is deemed to
obtain no tax benefit from such donation.
(g) Family Member Defined.--In this section, the term
``family member'' has the meaning given that term in section
411h(b)(1) of title 37.
* * * * * * *
CHAPTER 157--TRANSPORTATION
Sec.
2631. Supplies: preference to United States vessels.
* * * * * * *
2648. Persons and supplies: sea transportation.
2649. Civilian passengers and commercial cargoes: transportation on
Department of Defense vessels.
2650. Civilian personnel in Alaska.
2651. Passengers and merchandise to Guam: sea transport.
* * * * * * *
Sec. [4744] 2648. Persons and supplies: sea transportation
Whenever the [Secretary of the Army] Secretary of Defense
considers that space is available, the following persons and
supplies may be transported on vessels operated by [Army
transport agencies or, within bulk space allocations made to
the Department of the Army, on vessels operated by any military
transport agency of] the Department of Defense:
[(1) Members of the Navy, Marine Corps, or Coast
Guard.
[(2) Officers and employees of the Department of
the Army, the Department of the Navy, the Department of
the Air Force, or the Coast Guard.
[(3) Supplies of the Department of the Navy.]
[(4)] (1) Members of Congress.
[(5)] (2) Other officers of the United States
traveling on official business.
[(6)] (3) Secretaries and supplies of the Armed
Services Department of the Young Men's Christian
Association.
[(7)] (4) Officers and employees of the
Commonwealth of Puerto Rico on official business.
[(8)] (5) The families of [persons described in
clauses (1), (2), (4), (5), and (7)] members of the
armed forces, officers and employees of the Department
of Defense or the Coast Guard, and persons described i
paragraphs (1), (2), and (4).
However, a person described in [clause (7) or (8)] paragraph
(4) or (5) may be so transported only if the transportation is
without expense to the United States.
[Sec. 4745. Civilian passengers and commercial cargoes: transports in
trans-Atlantic service]
Sec. 2649. Civilian passengers and commercial cargoes: transportation
on Department of Defense vessels
(a) Whenever space is unavailable on commercial lines and
is available [(1) on vessels operated by Army transport
agencies, or (2) within bulk space allocations made to the
Department of the Army] on vessels operated by [any transport
agency of] the Department of Defense, civilian passengers and
commercial cargo may, in the discretion of the [Secretary of
the Army and the Secretary of Homeland Security, be
transported] Secretary of Defense, be transported on those
vessels. Rates for transportation under this section may not be
less than those charged by commercial lines for the same kinds
of service.
* * * * * * *
Sec. [4746] 2650. Civilian personnel in Alaska
Persons residing in Alaska who are and have been employed
there by the United States for at least two years, and their
families, may be transported on vessels or airplanes operated
by [Army transport agencies or, within bulk space allocations
made to the Department of the Army, on vessels or airplanes
operated by any military transport agency of] the Department of
Defense, if--
(1) the [Secretary of the Army] Secretary of
Defense considers that accommodations are available;
* * * * * * *
(4) in case of travel [by air--
[(A) the Secretary of Transportation has
not certified that commercial air carriers of
the United States that can handle the
transportation are operating between Alaska and
the United States; and
[(B) the transportation cannot] by air, the
transportation cannot be reasonably handled by
a United States commercial air carrier.
Sec. [4747] 2651. Passengers and merchandise to Guam: sea transport
Whenever space is available, passengers, and merchandise
produced in the United States, or the Territories,
Commonwealths, and possessions, and consigned to residents and
mercantile firms of Guam, may be transported to Guam on vessels
operated by [Army transport agencies or, within bulk space
allocations made to the Department of the Army, on vessels
operated by any transport agency of the Department of Defense,
under regulations and at rates to be prescribed by the
Secretary of the Army.] the Department of Defense, under
regulations and at rates to be prescribed by the Secretary of
Defense.
* * * * * * *
CHAPTER 159--REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF
NONEXCESS PROPERTY
Sec.
2661. Miscellaneous administrative provisions relating to real
property.
* * * * * * *
[2664. Acquisition of property for lumber production.]
* * * * * * *
[2666. Acquisition: land purchase contracts; limitation on
commission.]
* * * * * * *
[2673. Acquisition of certain interests in land: availability of
funds.]
* * * * * * *
Sec. 2661. Miscellaneous administrative provisions relating to real
property
(a) Availability of Operation and Maintenance Funds.--
Appropriations for operation and maintenance of the active
forces shall be available for the following:
(1) * * *
* * * * * * *
(b) Leasing and Road Maintenance Authority.--The Secretary
of Defense and the Secretary of each military department may
provide for the following:
* * *
* * * * * * *
(c) Commissions on Land Purchase Contracts.--The maximum
amount payable as a commission on a contract for the purchase
of land from funds appropriated for the Department of Defense
is two percent of the purchase price.
Sec. 2662. Real property transactions: reports to congressional
committees
(a) General Notice and Wait Requirements.--(1) The
Secretary of a military department, or his designee, may not
enter into any of the following listed transactions by or for
the use of that department until the Secretary submits a
report, subject to paragraph (3), to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives:
(A) An acquisition of fee title to any real
property, if the estimated price is more than
[$750,000] $1,500,000.
(B) A lease of any real property to the United
States, if the estimated annual rental is more than
[$750,000] $1,500,000.
(C) A lease or license of real property owned by
the United States, if the estimated annual fair market
rental value of the property is more than [$750,000]
$1,500,000.
(D) A transfer of real property owned by the United
States to another Federal agency or another military
department or to a State, if the estimated value is
more than [$750,000] $1,500,000.
(E) A report of excess real property owned by the
United States to a disposal agency, if the estimated
value is more than [$750,000] $1,500,000.
* * * * * * *
(2) If a transaction covered by subparagraph (A) or (B) of
paragraph (1) is part of a project, the report [must include a
summarization] shall include a summary of the general plan
for that project, including an estimate of the total cost of
the lands to be acquired or leases to be made. The report
required by this subsection concerning any report of excess
real property described in subparagraph (E) of paragraph (1)
shall contain a certification by the Secretary concerned that
he has considered the feasibility of exchanging such property
for other real property authorized to be acquired for military
purposes and has determined that the property proposed to be
declared excess is not suitable for such purpose.
* * * * * * *
(b) Annual Reports on Certain Minor Transactions.--The
Secretary of each military department shall submit annually to
the congressional committees named in subsection (a) a report
on transactions described in [subsection (a) that involve an
estimated value of more than $250,000, but not more than
$750,000] such subsection that involve an estimated value of
more than $500,000, but not more than the amount specified in
such subsection.
* * * * * * *
(e) Notice and Wait Regarding Leases of Space for DoD by
GSA.--No element of the Department of Defense shall occupy any
general purpose space leased for it by the General Services
Administration at an annual rental in excess of [$750,000]
$1,500,000 (excluding the cost of utilities and other operation
and maintenance services), if the effect of such occupancy is
to increase the total amount of such leased space occupied by
all elements of the Department of Defense, until the end of the
30-day period beginning on the date on which a report of the
facts concerning the proposed occupancy is submitted to the
congressional committees named in subsection (a) or, if
earlier, the end of the 14-day period beginning on the date on
which a copy of the report is provided in an electronic medium
pursuant to section 480 of this title.
* * * * * * *
[Sec. 2664. Acquisition of property for lumber production
[(a) The Secretary of a military department, the Secretary
of Transportation, or any one or more of them, may have
proceedings brought in the name of the United States to acquire
by condemnation any interest in property named in subsection
(b), including temporary use, and needed for--
[(1) the production of aircraft, vessels, dry
docks, or equipment for them;
[(2) the procurement of supplies for aircraft,
vessels, and dry docks; or
[(3) housing for persons employed by the United
States in connection with functions of the Army, Navy,
Air Force, or Marine Corps, or the functions
transferred to the Secretary of Transportation under
section 3 of the Maritime Act of 1981 (46 U.S.C. App.
1602).
[(b) The kinds of property that may be acquired by
condemnation under subsection (a) are--
[(1) standing or fallen timber;
[(2) sawmills;
[(3) camps;
[(4) machinery;
[(5) logging roads;
[(6) rights-of-way;
[(7) supplies; and
[(8) works, property, or appliances suitable for
the production of lumber and timber products.
[(c) Jurisdiction over condemnation proceedings under this
section is vested in the United States District Court for the
district in which the property, or any part of it, sought to be
condemned is located, regardless of its value.
[(d) In time of war or when war is imminent, the United
States may, immediately upon the filing of a petition for
condemnation under subsection (a), take and use the property to
the extent of the interest sought to be acquired.
[(e) A person named in subsection (a) may contract for or
buy any interest in property named in subsection (b), including
temporary use, needed for any purpose named in subsection (a),
as soon as the owner fixes a price for it and that person
considers that price to be reasonable.
[(f) A person named in subsection (a) may accept for the
United States a gift of any property named in subsection (b),
including temporary use, for any purpose named in subsection
(a).]
* * * * * * *
[Sec. 2666. Acquisition: land purchase contracts; limitation on
commission
[The maximum amount payable as commission on a contract for
the purchase of land from funds appropriated for the Department
of Defense is 2 percent of the purchase price.]
Sec. 2667. Leases: non-excess property of military departments
(a) * * *
* * * * * * *
(d)(1)(A) * * *
(B) Subparagraph (A) does not apply to the following
proceeds:
(i) * * *
(ii) Money rentals deposited in a nonappropriated
morale, welfare, and recreation account under paragraph
(3).
[(ii)] (iii) Money rentals referred to in paragraph
(4) or (5).
* * * * * * *
(3) The Secretary of the Army may deposit up to 50 percent
of the money rentals received by the United States from a lease
involving the golf course at Rock Island Arsenal, Illinois, in
the nonappropriated morale, welfare, and recreation account for
that installation, to be used for quality-of-life programs at
that installation.
* * * * * * *
Sec. 2672. Authority to acquire low-cost interests in land
[(a) Acquisition Authority.--(1) The Secretary of a
military department may acquire any interest in land that--
[(A) the Secretary determines is needed in the
interest of national defense; and
[(B) does not cost more than $750,000, exclusive of
administrative costs and the amounts of any deficiency
judgments.
[(2) The Secretary of a military department may acquire any
interest in land that--
[(A) the Secretary determines is needed solely to
correct a deficiency that is life-threatening, health-
threatening, or safety-threatening; and
[(B) does not cost more than $1,500,000, exclusive
of administrative costs and the amounts of any
deficiency judgments.
[(b) Acquisition of Multiple Parcels.--This section does
not apply to the acquisition, as a part of the same project, of
more than one parcel of land unless the parcels are
noncontiguous, or, if contiguous, unless the total cost is not
more than $750,000, in the case of an acquisition under
subsection (a)(1), or $1,500,000, in the case of an acquisition
under subsection (a)(2).]
(a) Acquisition Authority.--The Secretary of a military
department may acquire any interest in land that--
(1) the Secretary determines is needed in the
interest of national defense; and
(2) does not cost more than $1,500,000, exclusive
of administrative costs and the amounts of any
deficiency judgments.
(b) Treatment of Multiple Parcels.--This section does not
authorize the acquisition, as a part of the same project, of
more than one parcel of land unless--
(1) the parcels are noncontiguous; or
(2) if contiguous, the total cost for the
acquisition of all of the contiguous parcels does not
cost more than the amount specified in subsection
(a)(2).
* * * * * * *
(d) Availability of Funds.--Appropriations available to the
Department of Defense for operation and maintenance or
construction may be used for the acquisition of land or
interests in land under this section.
* * * * * * *
Sec. 2672a. Acquisition: interests in land when need is urgent
(a) The Secretary of a military department may acquire any
interest in land in any case in which the Secretary determines
that--
(1) [the Secretary determines] the acquisition is
needed in the interest of national defense;
(2) the acquisition is required to maintain the
operational integrity of a military installation; and
* * * * * * *
[Sec. 2673. Acquisition of certain interests in land: availability of
funds
[Appropriations available to the Department of Defense for
maintenance or construction may be used for the acquisition of
land or interests in land under section 2672 of this title and
for the acquisition of interests in land under section 2675 of
this title.]
* * * * * * *
Sec. 2675. Leases: foreign countries
(a) Lease Authority; Duration.--The Secretary of a military
department may acquire by lease in foreign countries structures
and real property relating to structures that are needed for
military purposes other than for military family housing. A
lease under this section may be for a period of up to five
years, or 15 years in the case of a lease in Korea, and the
rental for each yearly period may be paid from funds
appropriated to that military department for that year.
(b) Availability of Funds.--Appropriations available to the
Department of Defense for operation and maintenance or
construction may be used for the acquisition of interests in
land under this section.
Sec. 2676. Acquisition: limitation
(a) * * *
* * * * * * *
(d) The limitations on reduction in scope or increase in
cost of a land acquisition in subsection (c) do not apply if
the reduction in scope or the increase in cost, as the case may
be, is approved by the Secretary concerned and a written
notification of the facts relating to the proposed reduced
scope or increased cost (including a statement of the reasons
therefor) is submitted by the Secretary concerned to the
[appropriate committees of Congress] congressional defense
committees. A contract for the acquisition may then be awarded
only after a period of 21 days elapses from the date the
notification is received by the committees or, if over sooner,
a period of 14 days elapses from the date on which a copy of
that notification is provided in an electronic medium pursuant
to section 480 of this title.
* * * * * * *
Sec. 2694a. Conveyance of surplus real property for natural resource
conservation
(a) * * *
* * * * * * *
(e) Congressional Notification.--The Secretary concerned
may not approve of the reconveyance of real property under
subsection (c) or grant the release of a covenant under
subsection (d) until the Secretary notifies the [appropriate
committees of Congress] congressional defense committees of the
proposed reconveyance or release and a period of 21 days
elapses from the date the notification is received by the
committees.
* * * * * * *
(i) Definitions.--In this section:
(1) The term ``[appropriate committees of Congress]
congressional defense committees'' has the meaning
given such term in section 2801 of this title.
[(2) The term ``base closure law'' means the
following:
[(A) Section 2687 of this title.
[(B) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act
of 1988 (10 U.S.C. 2687 note).
[(C) The Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note).
[(D) Any other similar authority for the
closure or realignment of military
installations that is enacted after the date of
the enactment of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003.]
(2) The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Guam, the
Virgin Islands, and American Samoa.
* * * * * * *
[(4) The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Marianas, and the
territories and possessions of the United States.]
* * * * * * *
CHAPTER 160--ENVIRONMENTAL RESTORATION
* * * * * * *
Sec. 2701. Environmental restoration program
(a) Environmental Restoration Program--
(1) * * *
(2) Application of section 120 of cercla.--
Activities of the program described in subsection
(b)(1) shall be carried out subject to, and in a manner
consistent with, section 120 (relating to Federal
facilities) of CERCLA (42 U.S.C. 9620).
* * * * * * *
(c) Responsibility for Response Actions.--
(1) * * *
(2) Other responsible parties.--Paragraph (1) shall
not apply to a removal or remedial action if the
Administrator has provided for response action by a
potentially responsible person in accordance with
section 122 [of CERCLA (relating to settlements)]
(relating to settlements) of CERCLA (42 U.S.C. 9622).
* * * * * * *
(e) Response Action Contractors.--The provisions of section
119 of CERCLA (42 U.S.C. 9619) apply to response action
contractors (as defined in that section) who carry out response
actions under this section.
* * * * * * *
(j) Applicability.--(1) * * *
(2) Subsections (h) and (i) shall not apply to bonds to
which section 119(g) of [the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980] CERCLA (42
U.S.C. 9619(g)) applies.
* * * * * * *
Sec. 2702. Research, development, and demonstration program
(a) Program.--As part of the Defense Environmental
Restoration Program, the Secretary of Defense shall carry out a
program of research, development, and demonstration with
respect to hazardous wastes. The program shall be carried out
in consultation and cooperation with the Administrator and the
advisory council established under section 311(a)(5) of CERCLA
(42 U.S.C. 9660(a)(5)). The program shall include research,
development, and demonstration with respect to each of the
following:
(1) * * *
* * * * * * *
Sec. 2703. Environmental restoration accounts
(a) * * *
(b) Program Elements for Ordnance Remediation.--The
Secretary of Defense shall establish a program element for
remediation of unexploded ordnance, discarded military
munitions, and munitions constituents within each environmental
restoration account established under subsection (a). [The
terms] For purposes of the preceding sentence, the terms
``unexploded ordnance'', ``discarded military munitions'', and
``munitions constituents'' have the meanings given such terms
in section 2710 of this title.
* * * * * * *
Sec. 2704. Commonly found unregulated hazardous substances
(a) * * *
* * * * * * *
(c) DOD Support.--The Secretary of Defense shall transfer
to the Secretary of Health and Human Services such
toxicological data, such sums from amounts appropriated to the
Department of Defense, and such personnel of the Department of
Defense as may be necessary (1) for the preparation of
toxicological profiles under subsection (b) or (2) for other
health related activities under section 104(i) of CERCLA (42
U.S.C. 9604(i)). The Secretary of Defense and the Secretary of
Health and Human Services shall enter into a memorandum of
understanding regarding the manner in which this section shall
be carried out, including the manner for transferring funds and
personnel and for coordination of activities under this
section.
* * * * * * *
(e) Cross Reference.--Section 104(i) of CERCLA (42 U.S.C.
9604(i)) applies to facilities under the jurisdiction of the
Secretary of Defense in the manner prescribed in that section.
(f) Functions of HHS To Be Carried Out Through ATSDR.--The
functions of the Secretary of Health and Human Services under
this section shall be carried out through the Administrator of
the Agency for Toxic Substances and Disease Registry of the
Department of Health and Human Services established under
section 104(i) of CERCLA (42 U.S.C. 9604(i)).
* * * * * * *
CHAPTER 165--ACCOUNTABILITY AND RESPONSIBILITY
Sec.
2771. Final settlement of accounts: deceased members.
* * * * * * *
2780a. Debt collection: general waiver authority for small amounts
owed the United States.
* * * * * * *
2788. Licensing of intellectual property of the military departments;
authority to charge and retain fees.
* * * * * * *
Sec. 2780a. Debt collection: general waiver authority for small amounts
owed the United States
(a) Authority.--In the case of an indebtedness to the
United States described in subsection (b) that is for an amount
that is less than the threshold amount specified in subsection
(c), the Secretary of Defense may, under regulations prescribed
under this section, cancel the indebtedness and waive recovery
of the amount owed. Such authority may be used only when, based
on a cost-benefit analysis, the Secretary determines that the
costs of collection are expected to exceed the amount
recoverable.
(b) Covered Debts.--(1) Except as provided in paragraph
(2), this section applies with respect to amounts owed to the
United States that arise out of the activities of, or that are
referred to, the Department of Defense (including amounts owed
by members of the armed forces and Department of Defense
civilian personnel).
(2) The authority under this section does not apply to
amounts owed to the United States arising out of activities of
the Department of Defense that have been referred to another
executive agency for collection action or that are otherwise
within the purview of another executive agency.
(c) Maximum Amount Waivable.--The threshold amount referred
to in subsection (a) is the micropurchase threshold amount in
effect under section 32 of the Office of Federal Procurement
Policy Act (41 U.S.C. 428).
(d) Regulations.--The Secretary of Defense shall prescribe
regulations for the purposes of this section.
* * * * * * *
Sec. 2788. Licensing of intellectual property of the military
departments; authority to charge and retain fees
(a) Authority to Retain Fees.--(1) Under regulations
prescribed by the Secretary of Defense, the Secretary concerned
may license trademarks, service marks, certification marks, and
collective marks owned by a military department and may retain
and expend fees received from such licensing in accordance with
subsection (b).
(2) In this section, the terms ``trademark'', ``service
mark'', ``certification mark'', ``collective mark'', and
``mark'' have the meanings given those terms in section 45 of
the Trademark Act of 1946 (15 U.S.C. 1127).
(b) Use of Licensing Fees.--(1) Funds received by a
military department from licensing under subsection (a)(1)
shall be used for the expenses incurred by the department in
securing the registration of marks owned by the department and
in licensing those marks.
(2) If the amount of fees received by a military department
during any fiscal year from the licensing of marks exceeds the
anticipated expenses under paragraph (1) during that year, the
Secretary concerned may designate those funds as excess and
expend them as provided in paragraph (3).
(3) Not more than 50 percent of any such excess funds shall
be available for military personnel recruiting and retention
activities of the department. The remainder of such funds shall
be available for morale, welfare, and recreation activities of
the department.
(4) Funds received pursuant to subsection (a)(1) shall
remain available for two years after the end of the fiscal year
during which the funds are received.
* * * * * * *
CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
* * * * * * *
SUBCHAPTER I--MILITARY CONSTRUCTION
Sec.
2801. Scope of chapter; definitions.
* * * * * * *
[2808. Construction authority in the event of a declaration of war or
national emergency.]
2808. Construction authority related to declaration of war or
national emergency; construction requirements related to
antiterrorism and force protection.
* * * * * * *
Sec. 2801. Scope of chapter; definitions
(a) * * *
* * * * * * *
(c) In this chapter:
(1) * * *
[(4) The term ``appropriate committees of
Congress'' means the congressional defense committees
and, with respect to any project to be carried out by,
or for the use of, an intelligence component of the
Department of Defense, the Permanent Select Committee
on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate.]
(4) The term ``congressional defense committees''
includes, with respect to any project to be carried out
by, or for the use of, an intelligence component of the
Department of Defense--
(A) the Permanent Select Committee on
Intelligence of the House of Representatives;
and
(B) the Select Committee on Intelligence of
the Senate.
* * * * * * *
Sec. 2803. Emergency construction
(a) * * *
(b) When a decision is made to carry out a military
construction project under this section, the Secretary
concerned shall submit a report in writing to the [appropriate
committees of Congress] congressional defense committees on
that decision. Each such report shall include (1) the
justification for the project and the current estimate of the
cost of the project, (2) the justification for carrying out the
project under this section, and (3) a statement of the source
of the funds to be used to carry out the project. The project
may then be carried out only after the end of the 21-day period
beginning on the date the notification is received by such
committees or, if earlier, the end of the seven-day period
beginning on the date on which a copy of the notification is
provided in an electronic medium pursuant to section 480 of
this title.
* * * * * * *
Sec. 2804. Contingency construction
(a) * * *
(b) When a decision is made to carry out a military
construction project under this section, the Secretary of
Defense shall submit a report in writing to the [appropriate
committees of Congress] congressional defense committees on
that decision. Each such report shall include (1) the
justification for the project and the current estimate of the
cost of the project, and (2) the justification for carrying out
the project under this section. The project may then be carried
out only after the end of the 21-day period beginning on the
date the notification is received by such committees or, if
earlier, the end of the 14-day period beginning on the date on
which a copy of the notification is provided in an electronic
medium pursuant to section 480 of this title.
* * * * * * *
Sec. 2805. Unspecified minor construction
(a) * * *
(b)(1) An unspecified minor military construction project
costing more than [$750,000] $1,000,000 may not be carried out
under this section unless approved in advance by the Secretary
concerned. This paragraph shall apply even though the project
is to be carried out using funds made available to enhance the
deployment and mobility of military forces and supplies.
(2) When a decision is made to carry out an unspecified
minor military construction project to which paragraph (1) is
applicable, the Secretary concerned shall notify in writing the
[appropriate committees of Congress] congressional defense
committees of that decision, of the justification for the
project, and of the estimated cost of the project. The project
may then be carried out only after the end of the 21-day period
beginning on the date the notification is received by the
committees or, if earlier, the end of the 14-day period
beginning on the date on which a copy of the notification is
provided in an electronic medium pursuant to section 480 of
this title.
(c)[(1) Except as provided in paragraphs (2) and (3), the
Secretary concerned may spend from appropriations available for
operation and maintenance amounts necessary to carry out an
unspecified minor military construction project costing not
more than--
[(A) $1,500,000, in the case of an unspecified
minor military construction project intended solely to
correct a deficiency that is life-threatening, health-
threatening, or safety-threatening; or
[(B) $750,000, in the case of any other unspecified
minor military construction project.]
(1) Except as provided in paragraphs (2) and (3), the
Secretary concerned may spend from appropriations available for
operation and maintenance amounts necessary to carry out an
unspecified minor military construction project costing not
more than $1,500,000.
* * * * * * *
(3) The [limitations] limitation specified in paragraph (1)
shall not apply to an unspecified minor military construction
project if the project is to be carried out using funds made
available to enhance the deployment and mobility of military
forces and supplies.
* * * * * * *
Sec. 2806. Contributions for North Atlantic Treaty Organizations
Security Investment
(a) * * *
* * * * * * *
(c)(1) * * *
(2) If the Secretary determines that the amount
appropriated for contribution under subsection (a) in any
fiscal year must be exceeded by more than the amount authorized
under paragraph (1), the Secretary may make contributions in
excess of such amount, but not in excess of 125 percent of the
amount appropriated (A) after submitting a report in writing to
the [appropriate committees of Congress] congressional defense
committees on such increase, including a statement of the
reasons for the increase and a statement of the source of the
funds to be used for the increase, and (B) after a period of 21
days has elapsed from the date of receipt of the report.
Sec. 2807. Architectural and engineering services and construction
design
(a) * * *
(b) In the case of architectural and engineering services
and construction design to be undertaken under subsection (a)
for which the estimated cost exceeds $1,000,000, the Secretary
concerned shall notify the [appropriate committees of Congress]
congressional defense committees of the scope of the proposed
project and the estimated cost of such services before the
initial obligation of funds for such services. The Secretary
may then obligate funds for such services only after the end of
the 21-day period beginning on the date on which the
notification is received by the committees or, if earlier, the
end of the 14-day period beginning on the date on which a copy
of the report is provided in an electronic medium pursuant to
section 480 of this title.
(c) If the Secretary concerned determines that the amount
authorized for activities under subsection (a) in any fiscal
year must be increased the Secretary may proceed with
activities at such higher level (1) after submitting a report
in writing to the [appropriate committees of Congress]
congressional defense committees on such increase, including a
statement of the reasons for the increase and a statement of
the source of funds to be used for the increase, and (2) after
a period of 21 days has elapsed from the date of receipt of the
report or, if over sooner, a period of 14 days has elapsed from
the date on which a copy of the report is provided in an
electronic medium pursuant to section 480 of this title.
* * * * * * *
[Sec. 2808. Construction authority in the event of a declaration of war
or national emergency]
Sec. 2808. Construction authority related to declaration of war or
national emergency; construction requirements
related to antiterrorism and force protection
(a) Construction Authority; Limitation.--In the event of a
declaration of war or the declaration by the President of a
national emergency in accordance with the National Emergencies
Act (50 U.S.C. 1601 et seq.) that requires use of the armed
forces, the Secretary of Defense, without regard to any other
provision of law, may undertake military construction projects,
and may authorize the Secretaries of the military departments
to undertake military construction projects, not otherwise
authorized by law that are necessary to support such use of the
armed forces. Such projects may be undertaken only within the
total amount of funds that have been appropriated for military
construction, including funds appropriated for family housing,
that have not been obligated.
(b) Congressional Notification.--When a decision is made to
undertake military construction projects authorized by this
section, the Secretary of Defense shall notify the [appropriate
committees of Congress] congressional defense committees of the
decision and of the estimated cost of the construction
projects, including the cost of any real estate action
pertaining to those construction projects.
(c) Termination.--The authority described in subsection (a)
shall terminate with respect to any war or national emergency
at the end of the war or national emergency.
(d) Antiterrorism and Force Protection Assessments and
Military Construction Requirements.--(1) The Secretary of
Defense shall develop common guidance and criteria to be used
by the Secretary concerned--
(A) to assess the vulnerability of military
installations located inside and outside of the United
States to terrorist attack;
(B) to develop construction standards designed to
reduce the vulnerability of structures to terrorist
attack and improve the security of the occupants of
such structures;
(C) to prepare and carry out military construction
projects, such as gate and fenceline construction, to
improve the physical security of military
installations; and
(D) to assist in prioritizing such projects within
the military construction budget of each of the armed
forces.
(2) The Secretary of Defense shall require vulnerability
assessments of military installations to be conducted, at
regular intervals, using the criteria developed under paragraph
(1).
(3) As part of the budget materials submitted to Congress
in connection with the submission of the budget for a fiscal
year pursuant to section 1105 of title 31, but in no case later
than March 15 of each year, the Secretary of Defense shall
submit a report describing--
(A) the location and results of the vulnerability
assessments conducted during the preceding fiscal year;
(B) the military construction requirements
anticipated to be necessary during the next three
fiscal years to improve the physical security of
military installations; and
(C) the extent to which funds are not requested in
the Department of Defense budget for the next fiscal
year to meet those requirements.
(4) In the case of the report required under paragraph (3)
to be submitted in 2006, the Secretary of Defense shall include
a certification by the Secretary that since September 11, 2001,
vulnerability assessments have been undertaken at all major
military installations. The Secretary shall indicate the basis
by which the Secretary differentiated between major and
nonmajor military installations for purposes of making the
certification.
Sec. 2809. Long-term facilities contracts for certain activities and
services
(a) * * *
* * * * * * *
(f) Notice and Wait Requirements.--A contract may not be
entered into under this section until--
(1) the Secretary concerned submits to the
[appropriate committees of Congress] congressional
defense committees, in writing, a justification of the
need for the facility for which the contract is to be
awarded and an economic analysis (based upon accepted
life cycle costing procedures) which demonstrates that
the proposed contract is cost effective when compared
with alternative means of furnishing the same facility;
and
* * * * * * *
Sec. 2811. Repair of facilities
(a) * * *
* * * * * * *
(d) Congressional Notification.--When a decision is made to
carry out a repair project under this section with an estimated
cost in excess of [$10,000,000] $7,500,000, the Secretary
concerned shall submit to the [appropriate committees of
Congress] congressional defense committees a report
containing--
(1) * * *
* * * * * * *
Sec. 2812. Lease-purchase of facilities
(a) * * *
* * * * * * *
(c)(1) The Secretary concerned may not enter into a lease
under this section until--
(A) the Secretary submits to the [appropriate
committees of Congress] congressional defense
committees a justification of the need for the facility
for which the proposed lease is being entered into and
an economic analysis (based upon accepted life-cycle
costing procedures) that demonstrates the cost
effectiveness of the proposed lease compared with a
military construction project for the same facility;
and
* * * * * * *
Sec. 2813. Acquisition of existing facilities in lieu of authorized
construction
(a) * * *
* * * * * * *
(c) Notice and Wait Requirements.--A contract may not be
entered into for the acquisition of a facility under subsection
(a) until the Secretary concerned transmits to the [appropriate
committees of Congress] congressional defense committees a
written notification of the determination to acquire an
existing facility instead of carrying out the authorized
military construction project. The notification shall include
the reasons for acquiring the facility. After the notification
is transmitted, the Secretary may then enter into the contract
only after the end of the 30-day period beginning on the date
on which the notification is received by the committees or, if
earlier, the end of the 21-day period beginning on the date on
which a copy of the report is provided in an electronic medium
pursuant to section 480 of this title.
Sec. 2814. Special authority for development of Ford Island, Hawaii
(a) In General.--(1) * * *
(2) The Secretary of the Navy may not exercise any
authority under this section until--
(A) the Secretary submits to the [appropriate
committees of Congress] congressional defense
committees a master plan for the development of Ford
Island, Hawaii; and
* * * * * * *
(g) Notice and Wait Requirements.--The Secretary of the
Navy may not carry out a transaction authorized by this section
until--
(1) the Secretary submits to the [appropriate
committees of Congress] congressional defense
committees a notification of the transaction,
including--
(A) a detailed description of the
transaction; and
(B) a justification for the transaction
specifying the manner in which the transaction
will meet the purposes of this section; and
* * * * * * *
SUBCHAPTER II--MILITARY FAMILY HOUSING
* * * * * * *
Sec. 2825. Improvements to family housing units
(a) * * *
(b)(1) Funds may not be expended for the improvement of any
single family housing unit, or for the improvement of two or
more housing units that are to be converted into or are to be
used as a single family housing unit, if the cost per unit of
such improvement will exceed (A) $50,000 multiplied by the area
construction cost index as developed by the Department of
Defense for the location concerned at the time of contract
award, or (B) in the case of improvements necessary to make the
unit suitable for habitation by a handicapped person, $60,000
multiplied by such index. The Secretary concerned may waive the
limitations contained in the preceding sentence if such
Secretary determines that, considering the useful life of the
structure to be improved and the useful life of a newly
constructed unit and the cost of construction and of operation
and maintenance of each kind of unit over its useful life, the
improvement will be cost-effective. If the Secretary concerned
makes a determination under the preceding sentence with respect
to an improvement, the waiver under that sentence with respect
to that improvement may take effect only after the Secretary
transmits a notice of the proposed waiver, together with an
economic analysis demonstrating that the improvement will be
cost effective, to the [appropriate committees of Congress]
congressional defense committees and a period of 21 days has
elapsed after the date on which the notification is received by
those committees or, if over sooner, a period of 14 days has
elapsed after the date on which a copy of the notice is
provided in an electronic medium pursuant to section 480 of
this title.
* * * * * * *
Sec. 2827. Relocation of military family housing units
(a) * * *
(b) A contract to carry out a relocation of military family
housing units under subsection (a) may not be awarded until (1)
the Secretary concerned has notified the [appropriate
committees of Congress] congressional defense committees of the
proposed new locations of the housing units to be relocated and
the estimated cost of and source of funds for the relocation,
and (2) a period of 21 days has elapsed after the notification
has been received by those committees or, if over sooner, a
period of 14 days has elapsed after the date on which a copy of
the notification is provided in an electronic medium pursuant
to section 480 of this title.
Sec. 2828. Leasing of military family housing
(a) * * *
* * * * * * *
(f) A lease for family housing facilities, or for real
property related to family housing facilities, in a foreign
country for which the average estimated annual rental during
the term of the lease exceeds $500,000 may not be made under
this section until (1) the Secretary concerned provides to the
[appropriate committees of Congress] congressional defense
committees written notification of the facts concerning the
proposed lease, and (2) a period of 21 days elapses after the
notification is received by those committees.
* * * * * * *
Sec. 2831. Military family housing management account
(a) * * *
* * * * * * *
(e) Annual Report of Cost of General Officers and Flag
Officers Quarters.--As part of the budget materials submitted
to Congress in connection with the submission of the budget for
a fiscal year pursuant to section 1105 of title 31, but in no
case later than March 30 of each year, the Secretary of Defense
shall submit a report--
(1) identifying family housing units used, or
intended for use, as quarters for general officers or
flag officers for which the total operation and
maintenance costs, utility costs, and repair costs are
anticipated to exceed $20,000 in the next fiscal year;
and
(2) specifying the total of such costs for each
unit of family housing identified under paragraph (1).
* * * * * * *
Sec. 2835. Long-term leasing of military family housing to be
constructed
(a) * * *
* * * * * * *
(g) Notice and Wait Requirements.--A contract may not be
entered into for the lease of housing facilities under this
section until--
(1) the Secretary of Defense, or the Secretary of
Homeland Security with respect to the Coast Guard,
submits to the [appropriate committees of Congress]
congressional defense committees, in writing, an
economic analysis (based upon accepted life cycle
costing procedures) which demonstrates that the
proposed contract is cost-effective when compared with
alternative means of furnishing the same housing
facilities; and
(2) a period of 21 calendar days has expired
following the date on which the economic analysis is
received by those committees.
* * * * * * *
Sec. 2836. Military housing rental guarantee program
(a) * * *
* * * * * * *
(f) Notice and Wait Requirements.--An agreement may not be
entered into under subsection (a) until--
(1) the Secretary of Defense, or the Secretary of
Homeland Security with respect to the Coast Guard,
submits to the [appropriate committees of Congress]
congressional defense committees, in writing, an
economic analysis (based upon accepted life cycle
costing procedures) which demonstrates that the
proposed agreement is cost effective when compared with
alternative means of furnishing the same housing
facilities; and
(2) a period of 21 days has expired following the
date on which the economic analysis is received by
those committees or, if over sooner, a period of 14
days has expired following the date on which a copy of
the economic analysis is provided in an electronic
medium pursuant to section 480 of this title.
* * * * * * *
Sec. 2837. Limited partnerships with private developers of housing
(a) * * *
* * * * * * *
(c) Selection of Investment Opportunities.--(1) * * *
(2) When a decision is made to enter into a limited
partnership under subsection (a), the Secretary concerned shall
submit a report in writing to the [appropriate committees of
Congress] congressional defense committees on that decision.
Each such report shall include the justification for the
limited partnership, the terms and conditions of the limited
partnership, a description of the development costs for
projects under the limited partnership, and a description of
the share of such costs to be incurred by the Secretary
concerned. The Secretary concerned may then enter into the
limited partnership only after the end of the 21-day period
beginning on the date the report is received by such committees
or, if earlier, the end of the 14-day period beginning on the
date on which a copy of the report is provided in an electronic
medium pursuant to section 480 of this title.
* * * * * * *
SUBCHAPTER III--ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY
FAMILY HOUSING
* * * * * * *
Sec. 2853. Authorized cost variations
(a) * * *
* * * * * * *
(c) The limitation on cost increase in subsection (a) or
the limitation on scope reduction in subsection (b) does not
apply if--
(1) * * *
(2) the Secretary concerned notifies the
[appropriate committees of Congress] congressional
defense committees in writing of the increase or
reduction and the reasons therefor; and
(3) a period of 21 days has elapsed after the date
on which the notification is received by the committees
or, if over sooner, a period of 14 days has elapsed
after the date on which a copy of the notification is
provided in an electronic medium pursuant to section
480 of this title.
* * * * * * *
Sec. 2854. Restoration or replacement of damaged or destroyed
facilities
(a) * * *
(b) When a decision is made to carry out construction under
this section and the cost of the repair, restoration, or
replacement is greater than the maximum amount for a minor
construction project, the Secretary concerned shall notify in
writing the [appropriate committees of Congress] congressional
defense committees of that decision, of the justification for
the project, of the current estimate of the cost of the
project, of the source of funds for the project, and of the
justification for carrying out the project under this section.
The project may then be carried out only after the end of the
21-day period beginning on the date the notification is
received by such committees or, if earlier, the end of the
seven-day period beginning on the date on which a copy of the
notification is provided in an electronic medium pursuant to
section 480 of this title.
Sec. 2854a. Conveyance of damaged or deteriorated military family
housing; use of proceeds
(a) * * *
* * * * * * *
(c) Notice and Wait Requirements.--The Secretary concerned
may not enter into an agreement to convey a family housing
facility under this section until--
(1) the Secretary submits to the [appropriate
committees of Congress] congressional defense
committees, in writing, a justification for the
conveyance under the agreement, including--
(A) an estimate of the consideration to be
provided the United States under the agreement;
(B) an estimate of the cost of repairing
the family housing facility to be conveyed; and
(C) an estimate of the cost of replacing
the family housing facility to be conveyed; and
* * * * * * *
Sec. 2865. Energy savings at military installations
(a) * * *
* * * * * * *
(e) Energy Conservation Construction Projects.--(1) * * *
(2) When a decision is made to carry out a project under
paragraph (1), the Secretary of Defense shall notify in writing
the [appropriate committees of Congress] congressional defense
committees of that decision. The project may then be carried
out only after the end of the 21-day period beginning on the
date the notification is received by such committees or, if
earlier, the end of the 14-day period beginning on the date on
which a copy of the notification is provided in an electronic
medium pursuant to section 480 of this title.
* * * * * * *
Sec. 2866. Water conservation at military installations
(a) * * *
* * * * * * *
(c) Water Conservation Construction Projects.--(1) * * *
(2) When a decision is made to carry out a project under
paragraph (1), the Secretary of Defense shall notify the
[appropriate committees of Congress] congressional defense
committees of that decision. Such project may be carried out
only after the end of the 21-day period beginning on the date
the notification is received by such committees or, if earlier,
the end of the 14-day period beginning on the date on which a
copy of the notification is provided in an electronic medium
pursuant to section 480 of this title.
* * * * * * *
Sec. 2868. Utility services: furnishing for certain buildings
Appropriations for the Department of Defense may be used
for utility services [for--
[(1) buildings constructed at private cost, as
authorized by law; and
[(2) buildings on military reservations authorized
by regulation to be used for morale, welfare, and
recreational purposes.] for buildings constructed at
private cost, as authorized by law.
* * * * * * *
SUBCHAPTER IV--ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF
MILITARY HOUSING
* * * * * * *
Sec. 2875. Investments
(a) * * *
* * * * * * *
(e) Congressional Notification Required.--Amounts in the
Department of Defense Family Housing Improvement Fund or the
Department of Defense Military Unaccompanied Housing
Improvement Fund may be used to make a cash investment under
this section in an eligible entity only after the end of the
30-day period beginning on the date the Secretary of Defense
submits written notice of, and justification for, the
investment to the [appropriate committees of Congress]
congressional defense committees or, if earlier, the end of the
14-day period beginning on the date on which a copy of the
notice and justification is provided in an electronic medium
pursuant to section 480 of this title.
* * * * * * *
Sec. 2881a. Pilot projects for acquisition or construction of military
unaccompanied housing
(a) * * *
* * * * * * *
(d) Funding.--(1) * * *
(2) Subject to 90 days prior notification to the
[appropriate committees of Congress] congressional defense
committees, such additional amounts as the Secretary of Defense
considers necessary may be transferred to the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military unaccompanied
housing in military construction accounts. The amounts so
transferred shall be merged with and be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund.
(e) Reports.--(1) The Secretary of the Navy shall transmit
to the [appropriate committees of Congress] congressional
defense committees a report describing--
(A) * * *
* * * * * * *
Sec. 2883. Department of Defense Housing Funds
(a) * * *
* * * * * * *
(f) Notification Required for Transfers.--A transfer of
appropriated amounts to a Fund under paragraph (1)(B) or (2)(B)
of subsection (c) may be made only after the end of the 30-day
period beginning on the date the Secretary of Defense submits
written notice of, and justification for, the transfer to the
[appropriate committees of Congress] congressional defense
committees or, if earlier, the end of the 14-day period
beginning on the date on which a copy of the notice and
justification is provided in an electronic medium pursuant to
section 480 of this title.
[(g) Limitation on Amount of Budget Authority.--The total
value in budget authority of all contracts and investments
undertaken using the authorities provided in this subchapter
shall not exceed--
[(1) $850,000,000 for the acquisition or
construction of military family housing; and
[(2) $150,000,000 for the acquisition or
construction of military unaccompanied housing.]
(g) Limitation on Use of Authority to Acquire or Construct
Military Unaccompanied Housing.--The total value in budget
authority of all contracts and investments undertaken using the
authorities provided in this subchapter for the acquisition or
construction of military unaccompanied housing shall not exceed
$150,000,000.
* * * * * * *
Sec. 2884. Reports
(a) Project Reports.--(1) The Secretary of Defense shall
transmit to the [appropriate committees of Congress]
congressional defense committees a report describing--
(A) * * *
* * * * * * *
Subtitle B--Army
* * * * * * *
PART I--ORGANIZATION
* * * * * * *
CHAPTER 305--THE ARMY STAFF
* * * * * * *
Sec. 3033. Chief of Staff
(a)(1) There is a Chief of Staff of the Army, appointed
[for a period of four years] by the President, by and with the
advice and consent of the Senate, from the general officers of
the Army. [He serves at the pleasure of the President. In time
of war or during a national emergency declared by Congress, he
may be reappointed for a term of not more than four years.] The
Chief of Staff serves at the pleasure of the President for a
term of four years. The President may extend the service of an
officer as Chief of Staff for an additional period of not to
exceed two years. In time of war or during a national emergency
declared by Congress, the President may extend the service of
an officer as Chief of Staff for such additional periods as the
President determines necessary, except that the total period of
an officer's service as Chief of Staff may not exceed eight
years.
* * * * * * *
Sec. 3038. Office of Army Reserve: appointment of Chief
(a) * * *
* * * * * * *
(b) Appointment.--(1) * * *
* * * * * * *
(4) Until [December 31, 2004,] December 31, 2006, the
Secretary of Defense may waive subparagraph (B) of paragraph
(2) with respect to the appointment of an officer as Chief of
Army Reserve if the Secretary of the Army requests the waiver
and, in the judgment of the Secretary of Defense--
(A) * * *
* * * * * * *
PART II--PERSONNEL
* * * * * * *
CHAPTER 357--DECORATIONS AND AWARDS
Sec.
3741. Medal of honor: award.
* * * * * * *
[3755] 3756. Korea Defense Service Medal.
* * * * * * *
Sec. [3755] 3756. Korea Defense Service Medal
(a) * * *
* * * * * * *
CHAPTER 367--RETIREMENT FOR LENGTH OF SERVICE
Sec.
3911. Twenty years or more: regular or reserve commissioned officers.
* * * * * * *
[3921. Mandatory retirement: Superintendent of the United States
Military Academy.]
* * * * * * *
[Sec. 3921. Mandatory retirement: Superintendent of the United States
Military Academy
[Upon the termination of the detail of an officer to the
position of Superintendent of the United States Military
Academy, the Secretary of the Army shall retire the officer
under any provision of this chapter under which that officer is
eligible to retire.]
* * * * * * *
PART III--TRAINING
* * * * * * *
CHAPTER 403--UNITED STATES MILITARY ACADEMY
Sec.
4331. Establishment; Superintendent; faculty.
* * * * * * *
[4333a. Superintendent: condition for detail to position.]
4333a. Superintendent: length of assignment.
* * * * * * *
4359. Cadets: charges and fees for attendance; limitation.
* * * * * * *
[Sec. 4333a. Superintendent: condition for detail to position
[As a condition for detail to the position of
Superintendent of the Academy, an officer shall acknowledge
that upon termination of that detail the officer shall be
retired.]
Sec. 4333a. Superintendent: length of assignment
An officer who is detailed to the position of
Superintendent of the Academy shall be so detailed for a period
of not less than three years. In any case in which an officer
serving as Superintendent is reassigned or retires before
having completed three years service as Superintendent, or
otherwise leaves that position (other than due to death)
without having completed three years service in that position,
the Secretary of the Army shall submit to Congress notice that
such officer left the position of Superintendent without having
completed three years service in that position, together with a
statement of the reasons why that officer did not complete
three years service in that position.
* * * * * * *
Sec. 4359. Cadets: charges and fees for attendance; limitation
(a) Prohibition.--Except as provided in subsection (b), no
charge or fee for tuition, room, or board for attendance at the
Academy may be imposed unless the charge or fee is specifically
authorized by a law enacted after October 5, 1994.
(b) Exception.--The prohibition specified in subsection (a)
does not apply with respect to any item or service provided to
cadets for which a charge or fee is imposed as of October 5,
1994. The Secretary of Defense shall notify Congress of any
change made by the Academy in the amount of a charge or fee
authorized under this subsection.
* * * * * * *
PART IV--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
CHAPTER 443--DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL
* * * * * * *
Sec. 4689. Transfer of material and equipment to the Architect of the
Capitol
The Secretary of the Army is authorized to transfer, without
payment, to the Architect of the Capitol, such material and
equipment, not required by the Department of the Army, as the
Architect may request for use at the Capitol power plant, the
Capitol [Building], and the Senate and House Office Buildings.
* * * * * * *
CHAPTER 447--TRANSPORTATION
Sec.
[4741. Control and supervision.
[4743. Officers: use of transportation.
[4744. Persons and supplies: sea transportation.
[4745. Civilian passengers and commercial cargoes: transports in
trans-Atlantic service.
[4746. Civilian personnel in Alaska.
[4747. Passengers and merchandise to Guam: sea transport.]
* * * * * * *
[Sec. 4741. Control and supervision
[The transportation of members, munitions of war,
equipment, military property, and stores of the Army throughout
the United States shall be under the immediate control and
supervision of the Secretary of the Army and agents appointed
or designated by him.
[Sec. 4743. Officers: use of transportation
[Under such conditions as the Secretary of the Army may
prescribe, officers of the Army may, in the performance of
their duties, use means of transportation provided for the Army
and its supplies.]
* * * * * * *
Subtitle C--Navy and Marine Corps
* * * * * * *
PART I--ORGANIZATION
* * * * * * *
CHAPTER 505--OFFICE OF THE CHIEF OF NAVAL OPERATIONS
* * * * * * *
Sec. 5033. Chief of Naval Operations
(a)(1) There is a Chief of Naval Operations, appointed by
the President, by and with the advice and consent of the
Senate. The Chief of Naval Operations shall be appointed for a
term of four years, from the flag officers of the Navy. [He
serves at the pleasure of the President. In time of war or
during a national emergency declared by Congress, he may be
reappointed for a term of not more than four years.] The Chief
of Naval Operations serves at the pleasure of the President.
The President may extend the service of an officer as Chief of
Naval Operations for an additional period of not to exceed two
years. In time of war or during a national emergency declared
by Congress, the President may extend the service of an officer
as Chief of Naval Operations for such additional periods as the
President determines necessary, except that the total period of
an officer's service as Chief of Naval Operations may not
exceed eight years.
* * * * * * *
Sec. 5036. Deputy Chiefs of Naval Operations
(a) There are in the Office of the Chief of Naval
Operations not more than five Deputy Chiefs of Naval
Operations, detailed by the Secretary of the Navy from officers
on the active-duty list [in the line] of the Navy serving in
grades above captain.
* * * * * * *
Sec. 5037. Assistant Chiefs of Naval Operations
(a) There are in the Office of the Chief of Naval
Operations not more than three Assistant Chiefs of Naval
Operations, detailed by the Secretary of the Navy from officers
on the active-duty list [in the line] of the Navy and officers
on the active-duty list of the Marine Corps.
* * * * * * *
CHAPTER 506--HEADQUARTERS, MARINE CORPS
* * * * * * *
Sec. 5043. Commandant of the Marine Corps
(a)(1) There is a Commandant of the Marine Corps, appointed
by the President, by and with the advice and consent of the
Senate. The Commandant shall be appointed for a term of four
years from the general officers of the Marine Corps. [He serves
at the pleasure of the President. In time of war or during a
national emergency declared by Congress, he may be reappointed
for a term of not more than four years.] The Commandant serves
at the pleasure of the President. The President may extend the
service of an officer as Commandant for an additional period of
not to exceed two years. In time of war or during a national
emergency declared by Congress, the President may extend the
service of an officer as Commandant for such additional periods
as the President determines necessary, except that the total
period of an officer's service as Commandant may not exceed
eight years.
* * * * * * *
CHAPTER 513--BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL
* * * * * * *
Sec. 5143. Office of Naval Reserve: appointment of Chief
(a) * * *
* * * * * * *
(b) Appointment.--(1) * * *
* * * * * * *
(4) Until [December 31, 2004,] December 31, 2006, the
Secretary of Defense may waive subparagraph (B) of paragraph
(2) with respect to the appointment of an officer as Chief of
Naval Reserve if the Secretary of the Navy requests the waiver
and, in the judgment of the Secretary of Defense--
(A) * * *
* * * * * * *
Sec. 5144. Office of Marine Forces Reserve: appointment of Commander
(a) * * *
(b) Appointment.--(1) * * *
* * * * * * *
(4) Until [December 31, 2004,] December 31, 2006, the
Secretary of Defense may waive subparagraph (B) of paragraph
(2) with respect to the appointment of an officer as Commander,
Marine Forces Reserve, if the Secretary of the Navy requests
the waiver and, in the judgment of the Secretary of Defense--
(A) * * *
* * * * * * *
PART II--PERSONNEL
* * * * * * *
CHAPTER 567--DECORATIONS AND AWARDS
Sec.
6241. Medal of honor.
* * * * * * *
[6257] 6258. Korea Defense Service Medal.
* * * * * * *
Sec. [6257] 6258. Korea Defense Service Medal
(a) * * *
* * * * * * *
CHAPTER 573--INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH
Sec.
[6371. Mandatory retirement: Superintendent of the United States
Naval Academy.]
* * * * * * *
[Sec. 6371. Mandatory retirement: Superintendent of the United States
Naval Academy
[Upon the termination of the detail of an officer to the
position of Superintendent of the United States Naval Academy,
the Secretary of the Navy shall retire the officer under any
provision of chapter 571 of this title under which the officer
is eligible to retire.]
* * * * * * *
PART III--EDUCATION AND TRAINING
* * * * * * *
CHAPTER 603--UNITED STATES NAVAL ACADEMY
Sec.
6951. Location.
* * * * * * *
4359. Midshipmen: charges and fees for attendance; limitation.
* * * * * * *
Sec. 6951a. Superintendent
(a) * * *
(b) The Superintendent shall be detailed to that position
by the President. [As a condition for detail to that position,
an officer shall acknowledge that upon termination of that
detail the officer shall be retired.]
(c) An officer who is detailed to the position of
Superintendent shall be so detailed for a period of not less
than three years. In any case in which an officer serving as
Superintendent is reassigned or retires before having completed
three years service as Superintendent, or otherwise leaves that
position (other than due to death) without having completed
three years service in that position, the Secretary of the Navy
shall submit to Congress notice that such officer left the
position of Superintendent without having completed three years
service in that position, together with a statement of the
reasons why that officer did not complete three years service
in that position.
* * * * * * *
Sec. 6978. Midshipmen: charges and fees for attendance; limitation
(a) Prohibition.--Except as provided in subsection (b), no
charge or fee for tuition, room, or board for attendance at the
Naval Academy may be imposed unless the charge or fee is
specifically authorized by a law enacted after October 5, 1994.
(b) Exception.--The prohibition specified in subsection (a)
does not apply with respect to any item or service provided to
midshipmen for which a charge or fee is imposed as of October
5, 1994. The Secretary of Defense shall notify Congress of any
change made by the Naval Academy in the amount of a charge or
fee authorized under this subsection.
CHAPTER 605--UNITED STATES NAVAL POSTGRADUATE SCHOOL
Sec.
7041. Function.
[7042. Superintendent; assistants.
[7043. Academic Dean.]
7042. President; assistants.
7043. Provost and Academic Dean.
* * * * * * *
[Sec. 7042. Superintendent; assistants]
Sec. 7042. President; assistants
(a) The Secretary of the Navy shall detail as
[Superintendent] President of the Naval Postgraduate School an
officer on the active-duty list in the line of the Navy
eligible for command at sea not below the grade of captain. The
[Superintendent] President has military command of the
Postgraduate School.
(b) The Secretary shall detail officers of the Navy and the
Marine Corps of appropriate grades and qualifications to assist
the [Superintendent] President in--
(1) the advanced instruction and technical
education of students; and
(2) the administration of the Postgraduate School.
[Sec. 7043. Academic Dean]
[(a) There is at the Naval Postgraduate School the civilian
position of Academic Dean. The Academic Dean shall be
appointed, to serve for periods of not more than five years, by
the Secretary of the Navy upon the recommendation of the
Postgraduate School Council consisting of the Superintendent,
the Deputy Superintendent, and the directors of the Technical,
Administrative, and Professional Divisions of the school.]
Sec. 7043. Provost and Academic Dean
(a) There is at the Naval Postgraduate School the civilian
position of Provost and Academic Dean. The Provost and Academic
Dean shall be appointed, to serve for periods of not more than
five years, by the Secretary of the Navy after consultation
with the Naval Postgraduate School Board of Advisors and
consideration of the recommendation of the leadership and
faculty of the Naval Postgraduate School.
(b) The [Academic Dean] Provost and Academic Dean is
entitled to such compensation for his services as the Secretary
prescribes, but not more than the rate of compensation
authorized for level IV of the Executive Schedule.
Sec. 7044. Civilian teachers: number; compensation
The Secretary of the Navy may employ as many civilians as
he considers necessary to serve at the Naval Postgraduate
School under the direction of the [Superintendent] President of
the school as senior professors, professors, associate
professors, assistant professors, and instructors. The
Secretary shall prescribe the compensation of those persons.
* * * * * * *
Sec. 7048. Conferring of degree on graduates
(a) The [Superintendent] President of the Naval
Postgraduate School, under regulations prescribed by the
Secretary of the Navy, may confer on any qualified graduate a
bachelor's, master's, or doctor's degree in engineering or a
related field.
* * * * * * *
Sec. 7049. Defense industry civilians: admission to defense product
development program
(a) * * *
* * * * * * *
(e) Tuition.--The [Superintendent] of the school shall
charge tuition for students enrolled under this section at a
rate not less than the rate charged for employees of the United
States outside the Department of the Navy.
* * * * * * *
CHAPTER 609--PROFESSIONAL MILITARY EDUCATION SCHOOLS
* * * * * * *
Sec. 7102. Marine Corps University: masters degrees; board of advisors
(a) [Authority] Master of Military Studies.--Upon the
recommendation of the Director and faculty of the Command and
Staff College of the Marine Corps University, the President of
the Marine Corps University may confer the degree of master of
military studies upon graduates of the Command and Staff
College who fulfill the requirements for that degree.
(b) [Marine Corps War College] Master of Strategic
Studies.--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
Marine Corps War College who fulfill the requirements for that
degree.
(c) [Command and Staff College of the Marine Corps
University] Master of Operational Studies.--Upon the
recommendation of the Director and faculty of the Command and
Staff College of the Marine Corps University, the President of
the Marine Corps University may confer the degree of master of
operational studies upon graduates of the Command and Staff
College's School of Advanced Warfighting who fulfill the
requirements for that degree.
(d) Regulations.--The authority provided by [subsections
(a) and (b)] this section shall be exercised under regulations
prescribed by the Secretary of the Navy.
* * * * * * *
PART IV--GENERAL ADMINISTRATION
* * * * * * *
CHAPTER 631--SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES
Sec.
7204. Schools near naval activities: financial aid.
* * * * * * *
7234. Submarine safety programs: participation of allied naval
personnel.
* * * * * * *
Sec. 7234. Submarine safety programs: participation of allied naval
personnel
(a) Acceptance of Assignment of Foreign Naval Personnel.--
In order to facilitate the development, standardization, and
interoperability of submarine vessel safety and rescue systems
and procedures, the Secretary of the Navy may conduct a program
under which members of the naval service of any of the member
nations of the North Atlantic Treaty Organization and
Australia, Japan, the Republic of Korea, and Sweden may be
assigned to United States commands to work on such systems and
procedures.
(b) Costs for Foreign Personnel.--(1) The United States may
not pay the following costs for a member of a foreign naval
service sent to the United States under the program authorized
by this section:
(A) Salary.
(B) Per diem.
(C) Cost of living.
(D) Travel costs.
(E) Cost of language or other training.
(F) Other costs.
(2) Paragraph (1) does not apply to the following costs,
which may be paid by the United States:
(A) The cost of temporary duty directed by the
United States Navy.
(B) The cost of training programs conducted to
familiarize, orient, or certify members of foreign
naval services regarding unique aspects of their
assignments.
(C) Costs incident to the use of the facilities of
the United States Navy in the performance of assigned
duties.
(d) Applicability to Authority to Enter Into Agreements.--
The requirements of this section shall apply in the exercise of
any authority of the Secretary of the Navy to enter into an
agreement with the government of a foreign country, subject to
the concurrence of the Secretary of State, to provide for the
assignment of members of the naval service of the foreign
country to a United States Navy submarine safety program.
(e) Regulations.--The Secretary of the Navy may prescribe
regulations for the application of this section in the exercise
of authority referred to in subsection (d).
* * * * * * *
CHAPTER 633--NAVAL VESSELS
* * * * * * *
Sec.
7291. Classification.
* * * * * * *
7305a. Vessels stricken from Naval Vessel Register: contracts for
dismantling on net-cost basis.
* * * * * * *
Sec. 7305a. Vessels stricken from Naval Vessel Register: contracts for
dismantling on net-cost basis
(a) Authority for Net-Cost Basis Contracts.--When the
Secretary of the Navy awards a contract for the dismantling of
a vessel stricken from the Naval Vessel Register, the Secretary
may award the contract on a net-cost basis.
(b) Retention by Contractor of Proceeds of Sale of Scrap
and Reusable Items.--When the Secretary awards a contract on a
net-cost basis under subsection (a), the Secretary shall
provide in the contract that the contractor may retain the
proceeds from the sale of scrap and reusable items removed from
the vessel dismantled under the contract.
(c) Definitions.--In this section:
(1) The term ``net-cost basis'', with respect to a
contract for the dismantling of a vessel, means that
the amount to be paid to the contractor under the
contract for dismantling and for removal and disposal
of hazardous waste material is discounted by the
offeror's estimate of the value of scrap and reusable
items that the contractor will remove from the vessel
during performance of the contract.
(2) The term ``scrap'' means personal property that
has no value except for its basic material content.
(3) The term ``reusable item'' means a
demilitarized component or a removable portion of a
vessel or equipment that the Secretary of the Navy has
identified as excess to the needs of the Navy but which
has potential resale value on the open market.
* * * * * * *
Subtitle D--Air Force
* * * * * * *
PART I--ORGANIZATION
* * * * * * *
CHAPTER 805--THE AIR STAFF
* * * * * * *
Sec. 8033. Chief of Staff
(a)(1) There is a Chief of Staff of the Air Force,
appointed [for a period of four years] by the President, by and
with the advice and consent of the Senate, from the general
officers of the Air Force. [He serves at the pleasure of the
President. In time of war or during a national emergency
declared by Congress, he may be reappointed for a term of not
more than four years.] The Chief of Staff serves at the
pleasure of the President for a period of four years. The
President may extend the service of an officer as Chief of
Staff for an additional period of not to exceed two years. In
time of war or during a national emergency declared by
Congress, the President may extend the service of an officer as
Chief of Staff for such additional periods as the President
determines necessary, except that the total period of an
officer's service as Chief of Staff may not exceed eight years.
* * * * * * *
Sec. 8038. Office of Air Force Reserve: appointment of Chief
(a) * * *
(b) Appointment.--(1) * * *
* * * * * * *
(4) Until [December 31, 2004,] December 31, 2006, the
Secretary of Defense may waive subparagraph (B) of paragraph
(2) with respect to the appointment of an officer as Chief of
Air Force Reserve if the Secretary of the Air Force requests
the waiver and, in the judgment of the Secretary of Defense--
(A) * * *
* * * * * * *
CHAPTER 807--THE AIR FORCE
* * * * * * *
Sec. 8084. Officer career field for space
The Secretary of the Air Force shall establish and
implement policies and procedures to develop a career field for
officers in the Air Force with technical competence in space-
related matters to have the [capabilty] capability to--
(1) * * *
* * * * * * *
PART II--PERSONNEL
* * * * * * *
CHAPTER 857--DECORATIONS AND AWARDS
Sec.
8741. Medal of honor: award.
* * * * * * *
[8755] 8756. Korea Defense Service Medal.
* * * * * * *
Sec. [8755] 8756. Korea Defense Service Medal
(a) * * *
* * * * * * *
CHAPTER 867--RETIREMENT FOR LENGTH OF SERVICE
* * * * * * *
[Sec. 8921. Mandatory retirement: Superintendent of the United States
Air Force Academy
[Upon the termination of the detail of an officer to the
position of Superintendent of the United States Air Force
Academy, the Secretary of the Air Force shall retire the
officer under any provision of this chapter under which the
officer is eligible to retire.]
* * * * * * *
PART III--TRAINING
* * * * * * *
CHAPTER 901--TRAINING GENERALLY
Sec.
9301. Members of Air Force: detail as students, observers, and
investigators at educational institutions, industrial plants,
and hospitals.
* * * * * * *
9317. Air University: [graduate-level] degrees.
* * * * * * *
Sec. 9315. Community College of the Air Force: associate degrees
(a) * * *
* * * * * * *
(c) Conferral of Degrees.--(1) Subject to paragraph (2),
the commander of the [Air Education and Training Command of the
Air Force] Air University may confer an academic degree at the
level of associate upon any enlisted member who has completed
the program prescribed by the Community College of the Air
Force.
(2) No degree may be conferred upon any enlisted member
under this section unless (A) the Community College of the Air
Force certifies to the commander of the [Air Education and
Training Command of the Air Force] Air University that such
member has satisfied all the requirements prescribed for such
degree, and (B) the Secretary of Education determines that the
standards for the award of academic degrees in agencies of the
United States have been met.
* * * * * * *
Sec. 9317. Air University: [graduate-level] degrees
(a) Authority.--Upon the recommendation of the faculty of
the appropriate school of the Air University, the commander of
the Air University [may confer--] may confer degrees as
follows:
(1) [the] The degree of master of strategic studies
upon graduates of the Air War College who fulfill the
requirements for that degree[;].
(2) [the] The degree of master of military
operational art and science upon graduates of the Air
Command and Staff College who fulfill the requirements
for that degree[; and].
(3) [the] The degree of master of airpower art and
science upon graduates of the School of Advanced
Airpower Studies who fulfill the requirements for that
degree.
(4) An associate level degree upon graduates of the
Community College of the Air Force.
* * * * * * *
CHAPTER 903--UNITED STATES AIR FORCE ACADEMY
Sec.
9331. Establishment; Superintendent; faculty.
* * * * * * *
[9333a. Superintendent: condition for detail to position.]
9333a. Superintendent: length of assignment.
* * * * * * *
9359. Cadets: charges and fees for attendance; limitation.
* * * * * * *
[Sec. 9333a. Superintendent: condition for detail to position
[As a condition for detail to the position of
Superintendent of the Academy, an officer shall acknowledge
that upon termination of that detail the officer shall be
retired.]
Sec. 9333a. Superintendent: length of assignment
An officer who is detailed to the position of
Superintendent of the Academy shall be so detailed for a period
of not less than three years. In any case in which an officer
serving as Superintendent is reassigned or retires before
having completed three years service as Superintendent, or
otherwise leaves that position (other than due to death)
without having completed three years service in that position,
the Secretary of the Air Force shall submit to Congress notice
that such officer left the position of Superintendent without
having completed three years service in that position, together
with a statement of the reasons why that officer did not
complete three years service in that position.
* * * * * * *
Sec. 9335. Dean of the Faculty
(a) The Dean of the Faculty is responsible to the
Superintendent for developing and sustaining the curriculum and
overseeing the faculty of the Academy. The qualifications,
selection procedures, training, pay grade, and retention of the
Dean shall be prescribed by the Secretary of the Air Force,
except that, if the Dean is not an officer on active duty, the
Dean shall be a retired officer or former officer, and a person
may not be appointed or assigned as Dean unless that person
holds the highest academic degree in that person's academic
field. If a person appointed as the Dean is not an officer on
active duty, the person shall be appointed as a member of the
Senior Executive Service.
* * * * * * *
Sec. 9359. Cadets: charges and fees for attendance; limitation
(a) Prohibition.--Except as provided in subsection (b), no
charge or fee for tuition, room, or board for attendance at the
Academy may be imposed unless the charge or fee is specifically
authorized by a law enacted after October 5, 1994.
(b) Exception.--The prohibition specified in subsection (a)
does not apply with respect to any item or service provided to
cadets for which a charge or fee is imposed as of October 5,
1994. The Secretary of Defense shall notify Congress of any
change made by the Academy in the amount of a charge or fee
authorized under this subsection.
* * * * * * *
PART IV--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
CHAPTER 947--TRANSPORTATION
Sec.
[9741. Control and supervision.
[9743. Officers: use of transportation.
[9746. Civilian personnel in Alaska.]
[Sec. 9741. Control and supervision
The transportation of members, munitions of war, equipment,
military property, and stores of the Air Force throughout the
United States shall be under the immediate control and
supervision of the Secretary of the Air Force and agents
appointed or designated by him.
[Sec. 9743. Officers: use of transportation
[Under such conditions as the Secretary of the Air Force
may prescribe, officers of the Air Force may, in the
performance of their duties, use means of transportation
provided for the Air Force and its supplies.
[Sec. 9746. Civilian personnel in Alaska
[Persons residing in Alaska who are and have been employed
there by the United States for at least two years, and their
families, may be transported on airplanes operated by Air Force
transport agencies or, within bulk space allocations made to
the Department of the Air Force, on vessels or airplanes
operated by any military transport agency of the Department of
Defense, if--
[(1) the Secretary of the Air Force considers that
accommodations are available;
[(2) the transportation is without expense to the
United States;
[(3) the transportation is limited to one round
trip between Alaska and the United States during any
two-year period, except in an emergency such as
sickness or death; and
[(4) in case of travel by air--
[(A) the Secretary of Transportation has
not certified that commercial air carriers of
the United States that can handle the
transportation are operating between Alaska and
the United States; and
[(B) the transportation cannot be
reasonably handled by a United States
commercial air carrier.]
* * * * * * *
Subtitle E--Reserve Components
* * * * * * *
PART I--ORGANIZATION AND ADMINISTRATION
* * * * * * *
CHAPTER 1003--RESERVE COMPONENTS GENERALLY
* * * * * * *
Sec. 10102. Purpose of reserve components
The purpose of each reserve component is to provide trained
units and qualified persons available for active duty in the
armed forces, in time of war or national emergency, and at such
other times as the national security may require, to fill the
needs of the armed forces whenever[, during and after the
period needed to procure and train additional units and
qualified persons to achieve the planned mobilization,] more
units and persons are needed than are in the regular
components.
* * * * * * *
CHAPTER 1011--NATIONAL GUARD BUREAU
Sec.
10501. National Guard Bureau.
[10502. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade.]
10502. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade; succession.
* * * * * * *
[10505. Vice Chief of the National Guard Bureau.]
10505. Director of the Joint Staff of the National Guard Bureau.
* * * * * * *
[Sec. 10502. Chief of the National Guard Bureau: appointment; adviser
on National Guard matters; grade]
Sec. 10502. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade; succession
(a) * * *
* * * * * * *
(e) Succession.--(1) Unless otherwise directed by the
President or Secretary of Defense, when there is a vacancy in
the office of the Chief of the National Guard Bureau or in the
event the Chief of the National Guard Bureau is unable to
perform the duties of that office, the senior of the officers
specified in paragraph (2) shall serve as the acting Chief
until a successor is appointed or the Chief once again is able
to perform the duties of that office.
(2) The officers specified in this paragraph are the
following:
(A) The senior officer of the Army National Guard
of the United States on duty with the National Guard
Bureau.
(B) The senior officer of the Air National Guard of
the United States on duty with the National Guard
Bureau.
* * * * * * *
[Sec. 10505. Vice Chief of the National Guard Bureau]
Sec. 10505. Director of the Joint Staff of the National Guard Bureau
(a) Appointment.--(1) There is a [Vice Chief of the
National Guard Bureau] Director of the Joint Staff of the
National Guard Bureau, selected by the Secretary of Defense
from officers of the Army National Guard of the United States
or the Air National Guard of the United States who--
(A) * * *
* * * * * * *
(2) The Chief and [Vice Chief of the National Guard Bureau]
Director of the Joint Staff of the National Guard Bureau may
not both be members of the Army or of the Air Force.
(3)(A) Except as provided in subparagraph (B), an officer
appointed as [Vice Chief of the National Guard Bureau] Director
of the Joint Staff of the National Guard Bureau serves for a
term of four years, but may be removed from office at any time
for cause.
(B) The term of the [Vice Chief of the National Guard
Bureau] Director of the Joint Staff of the National Guard
Bureau shall end upon the appointment of a Chief of the
National Guard Bureau who is a member of the same armed force
as the Vice Chief.
(4) The Secretary of Defense may waive the restrictions in
paragraph (2) and the provisions of paragraph (3)(B) for a
limited period of time to provide for the orderly transition of
officers appointed to serve in the positions of Chief and [Vice
Chief of the National Guard Bureau] Director of the Joint Staff
of the National Guard Bureau.
(b) Duties.--The [Vice Chief of the National Guard Bureau]
Director of the Joint Staff of the National Guard Bureau
performs such duties as may be prescribed by the Chief of the
National Guard Bureau.
(c) Grade.--The [Vice Chief of the National Guard Bureau]
Director of the Joint Staff of the National Guard Bureau shall
be appointed to serve in the grade of major general.
[(d) Functions as Acting Chief.--When there is a vacancy in
the office of the Chief of the National Guard Bureau or in the
absence or disability of the Chief, the Vice Chief of the
National Guard Bureau acts as Chief and performs the duties of
the Chief until a successor is appointed or the absence or
disability ceases.
[(e) Succession After Chief and Vice Chief.--When there is
a vacancy in the offices of both Chief and Vice Chief of the
National Guard Bureau or in the absence or disability of both
the Chief and Vice Chief of the National Guard Bureau, or when
there is a vacancy in one such office and in the absence or
disability of the officer holding the other, the senior officer
of the Army National Guard of the United States or the Air
National Guard of the United States on duty with the National
Guard Bureau shall perform the duties of the Chief until a
successor to the Chief or Vice Chief is appointed or the
absence or disability of the Chief or Vice Chief ceases, as the
case may be.]
Sec. 10506. Other senior National Guard Bureau officers
(a) Additional General Officers.--(1) * * *
* * * * * * *
(3)(A) * * *
* * * * * * *
(D) Until [December 31, 2004,] December 31, 2006, the
Secretary of Defense may waive clause (ii) of subparagraph (B)
with respect to the appointment of an officer as Director, Army
National Guard, or as Director, Air National Guard, if the
Secretary of the military department concerned requests the
waiver and, in the judgment of the Secretary of Defense--
(i) * * *
* * * * * * *
PART II--PERSONNEL GENERALLY
* * * * * * *
CHAPTER 1201--AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE
* * * * * * *
Sec. 12004. Strength in grade: reserve general and flag officers in an
active status
(a) * * *
* * * * * * *
(c)[(1)] The authorized strength of the Navy under
subsection (a) is exclusive of officers counted under section
526 of this title. [Of the number authorized under subsection
(a), 39 are distributed among the line and the staff corps as
follows:
[Line..................................................... 28
[Medical Department staff corps........................... 9
[Chaplain Corps........................................... 1
[Judge Advocate General's Corps........................... 1
[(2) The remaining authorizations for the Navy under
subsection (a) shall be distributed among such other staff
corps as are established by the Secretary of the Navy under the
authority provided by section 5150(b) of this title, except
that--
[(A) if the Secretary has established a Supply
Corps, the authorized strength for the Supply Corps
shall be seven; and
[(B) if the Secretary has established a Civil
Engineering Corps, the authorized strength for the
Civil Engineering Corps shall be two.
[(3) Not more than 50 percent of the officers in an active
status authorized under this section for the Navy may serve in
the grade of rear admiral.
[(4)(A) For the purposes of paragraph (1), the Medical
Department staff corps referred to in the table are as follows:
[(i) The Medical Corps.
[(ii) The Dental Corps.
[(iii) The Nurse Corps.
[(iv) The Medical Service Corps.
[(B) Each of the Medical Department staff corps is
authorized one rear admiral (lower half) within the strength
authorization distributed to the Medical Department staff corps
under paragraph (1). The Secretary of the Navy shall distribute
the remainder of the strength authorization for the Medical
Department staff corps under that paragraph among those staff
corps as the Secretary determines appropriate to meet the needs
of the Navy.]
* * * * * * *
Sec. 12005. Strength in grade: commissioned officers in grades below
brigadier general or rear admiral (lower half) in
an active status
(a) * * *
* * * * * * *
(c)(1) The authorized strengths of the Marine Corps Reserve
in officers in an active status in the grades of colonel,
lieutenant colonel, major, and captain, and in the grades of
first lieutenant and second lieutenant combined, are the
following percentages of the total authorized number of those
officers:
[Colonel................................................ 2 percent
Lieutenant colonel...................................... 6 percent
Major................................................... 12 percent
Captain................................................. 35 percent
First lieutenant and second lieutenant (when combined
with the number authorized for general officer
grades under section 12004 of this title)........... 32.5 percent.]
Colonel................................................. 2 percent
Lieutenant colonel...................................... 8 percent
Major................................................... 16 percent
Captain................................................. 39 percent
First lieutenant and second lieutenant (when combined
with the number authorized for general officer
35 percent.der section 12004 of this title)...........
* * * * * * *
Sec. 12011. Authorized strengths: reserve officers on active duty or on
full-time National Guard duty for administration of
the reserves or the National Guard
(a) * * *
* * * * * * *
(e) Full-Time Reserve Component Duty Defined.--In this
section, the term ``full-time reserve component duty'' means
the following duty:
(1) * * *
[(2) Full-time National Guard duty (other than for
training) under section 502(f) of title 32.]
(2) Full-time National Guard duty (other than for
training) under section 502(f) of title 32, except for
duty under section 115(b)(1)(B) and (C) of this title
and section 115(i)(9) of this title.
* * * * * * *
Sec. 12012. Authorized strengths: senior enlisted members on active
duty or on full-time National Guard duty for
administration of the reserves or the National
Guard
(a) Limitations.--Of the total number of members of a
reserve component who are serving on full-time reserve
component duty at the end of any fiscal year, the number of
those members in each of pay grades of E-8 and E-9 who may be
serving 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, as of the
end of that fiscal year, exceed the number determined in
accordance with the following table:
------------------------------------------------------------------------
Number of members of that reserve
Total number of members of a component who may be serving in the
reserve component serving on full- grade of:
time reserve component duty: --------------------------------------
E-8 E-9
------------------------------------------------------------------------
Army Reserve:
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
* * * * * * *
Air National Guard:
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.
------------------------------------------------------------------------
* * * * * * *
CHAPTER 1209--ACTIVE DUTY
* * * * * * *
Sec. 12301. Reserve components generally
(a) In time of war or of national emergency declared by
Congress, or when otherwise authorized by law, an authority
designated by the Secretary concerned may, without the consent
of the persons affected, order any unit, and any member not
assigned to a unit organized to serve as a unit, of a reserve
component under the jurisdiction of that Secretary to active
duty [(other than for training)] for the duration of the war or
emergency and for six months thereafter. However a member on an
inactive status list or in a retired status may not be ordered
to active duty under this subsection unless the Secretary
concerned, with the approval of the Secretary of Defense in the
case of the Secretary of a military department, determines that
there are not enough qualified Reserves in an active status or
in the inactive National Guard in the required category who are
readily available.
* * * * * * *
(c) So far as practicable, during any expansion of the
active armed forces that requires that units and members of the
reserve components be ordered to active duty [(other than for
training)] as provided in subsection (a), members of units
organized and trained to serve as units who are ordered to that
duty without their consent shall be so ordered with their
units. However, members of those units may be reassigned after
being [ordered to active duty (other than for training)] so
ordered to active duty.
* * * * * * *
(e) The period of time allowed between the date when a
Reserve ordered to active duty [(other than for training)] as
provided in subsection (a) is alerted for that duty and the
date when the Reserve is required to enter upon that duty shall
be determined by the Secretary concerned based upon military
requirements at that time.
* * * * * * *
Sec. 12302. Ready Reserve
(a) In time of national emergency declared by the President
after January 1, 1953, or when otherwise authorized by law, an
authority designated by the Secretary concerned may, without
the consent of the persons concerned, order any unit, and any
member not assigned to a unit organized to serve as a unit, in
the Ready Reserve under the jurisdiction of that Secretary to
active duty [(other than for training)] for not more than 24
consecutive months.
* * * * * * *
(c) Not more than 1,000,000 members of the Ready Reserve
may be on active duty [(other than for training)], without
their consent, under this section at any one time.
* * * * * * *
Sec. 12304. Selected Reserve and certain Individual Ready Reserve
members; order to active duty other than during war
or national emergency
(a) Authority.--Notwithstanding the provisions of section
12302(a) or any other provision of law, when the President
determines that it is necessary to augment the active forces
for any operational mission or that it is necessary to provide
assistance referred to in subsection (b), he may authorize the
Secretary of Defense and the Secretary of Homeland Security
with respect to the Coast Guard when it is not operating as a
service in the Navy, without the consent of the members
concerned, to order any unit, and any member not assigned to a
unit organized to serve as a unit of the Selected Reserve (as
defined in section 10143(a) of this title), or any member in
the Individual Ready Reserve mobilization category and
designated as essential under regulations prescribed by the
Secretary concerned, under their respective jurisdictions, to
active duty [(other than for training)] for not more than 270
days.
* * * * * * *
Sec. 12306. Standby Reserve
(a) Units and members in the Standby Reserve may be ordered
to active duty [(other than for training) only] as provided in
section 12301(a) as provided in section 12301 of this title.
(b) In time of emergency--
(1) no unit in the Standby Reserve organized to
serve as a unit or any member thereof may be ordered to
active duty [(other than for training)] as provided in
section 12301(a) of this title, unless the Secretary
concerned, with the approval of the Secretary of
Defense in the case of a Secretary of a military
department, determines that there are not enough of the
required kinds of units in the Ready Reserve that are
readily available; and
(2) no other member in the Standby Reserve may be
ordered to active duty [(other than for training)] as
provided in section 12301(a) of this title as an
individual without his consent, unless the Secretary
concerned, with the approval of the Secretary of
Defense in the case of a Secretary of a military
department, determines that there are not enough
qualified members in the Ready Reserve in the required
category who are readily available.
* * * * * * *
CHAPTER 1221--SEPARATION
* * * * * * *
Sec. 12686. Reserves on active duty within two years of retirement
eligibility: limitation on release from active duty
(a) Limitation.--Under regulations to be prescribed by the
Secretary concerned, which shall be as uniform as practicable,
a member of a reserve component who is on active duty (other
than for training) and is within two years of becoming eligible
for retired pay or retainer pay under a purely military
retirement system (other than the retirement system under
chapter 1223 of this title), may not be involuntarily released
from that duty before he becomes eligible for that pay, unless
the release is approved by the Secretary.
* * * * * * *
CHAPTER 1223--RETIRED PAY FOR NON-REGULAR SERVICE
* * * * * * *
Sec. 12731. Age and service requirements
(a) Except as provided in subsection (c), a person is
entitled, upon application, to retired pay computed under
section 12739 of this title, if the person--
(1) * * *
* * * * * * *
(3) in the case of a person who completed the
service requirements of paragraph (2) before the date
of the enactment of the National Defense Authorization
Act for Fiscal Year 2005, performed the last six years
of qualifying service while a member of any category
named in section 12732(a)(1) of this title, but not
while a member of a regular component, the Fleet
Reserve, or the Fleet Marine Corps Reserve, except that
in the case of a person who completed the service
requirements of paragraph (2) before October 5, 1994,
the number of years of such qualifying service under
this paragraph shall be eight; and
* * * * * * *
PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE
PROGRAMS
* * * * * * *
CHAPTER 1609--EDUCATION LOAN REPAYMENT PROGRAMS
* * * * * * *
Sec. 16301. Education loan repayment program: enlisted members of
Selected Reserve with critical specialties
(a)(1) * * *
(2) [The Secretary] Except as provided in paragraph (3),
the Secretary of Defense may repay loans described in paragraph
(1) in the case of any person for service performed as an
enlisted member of the Selected Reserve of the Ready Reserve of
an armed force in a reserve component and military specialty
specified by the Secretary of Defense. The Secretary may repay
such a loan only if the person to whom the loan was made
performed such service after the loan was made.
(3) In the case of a commitment made by the Secretary of
Defense after the date of the enactment of this paragraph to
repay a loan under paragraph (1) conditioned upon the
performance by the borrower of service as an enlisted member
under paragraph (2), the Secretary shall repay the loan for
service performed by the borrower as an officer (rather than as
an enlisted member) in the case of a borrower who, after such
commitment is entered into and while performing service as an
enlisted member, accepts an appointment or commission as a
warrant officer or commissioned officer of the Selected
Reserve.
* * * * * * *
Sec. 16302. Education loan repayment program: health professions
officers serving in Selected Reserve with wartime
critical medical skill shortages
(a) Under regulations prescribed by the Secretary of
Defense and subject to the other provisions of this section,
the Secretary concerned may repay--
(1) * * *
* * * * * * *
(5) a loan made, insured, or guaranteed through a
recognized financial or educational institution if that
loan was used to finance education regarding a basic
professional qualifying degree (as determined under
regulations prescribed by the Secretary of Defense) or
graduate education in a health profession that the
Secretary of Defense determines to be critically needed
in order to meet identified wartime combat medical
skill shortages.
* * * * * * *
(d) The authority provided in this section shall apply only
in the case of a person first appointed as a commissioned
officer before [January 1, 2005] January 1, 2006.
* * * * * * *
PART V--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
CHAPTER 1803--FACILITIES FOR RESERVE COMPONENTS
* * * * * * *
Sec. 18233. Acquisition
(a) * * *
* * * * * * *
(g)(1) The Secretary of Defense may convey, by exchange or
sale, an existing facility of a reserve component of the armed
forces for the purpose of acquiring a replacement facility
under this section or using the proceeds from the sale to
acquire a replacement facility under this section, if the
Secretary determines it is in the best interests of the United
States to acquire the replacement facility by such exchange or
sale. The United States shall receive funds or a replacement
facility, or a combination of both, having a total value at
least equal to the fair market value of the conveyed facility.
(2) Acquisition of a replacement facility under this
subsection may be accomplished by construction, expansion,
rehabilitation, or conversion and must result in a fully
equipped and operational replacement facility. Nothing in this
subsection prohibits the Secretary of Defense from contributing
additional funds, in accordance with this section, to obtain a
fully equipped and operational replacement facility.
(3) Funds received under this subsection shall be deposited
in a separate account and remain available to the Secretary of
Defense, without appropriation, for use in accordance with this
subsection. Any funds received under this subsection in
connection with a conveyance in excess of the funds required to
obtain a fully equipped and operational replacement facility
for the conveyed facility may be used by the Secretary for the
purposes of subsection (a).
* * * * * * *
----------
BOB STUMP NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2003
* * * * * * *
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
* * * * * * *
[SEC. 1004. DEVELOPMENT AND IMPLEMENTATION OF FINANCIAL MANAGEMENT
ENTERPRISE ARCHITECTURE.
[(a) Requirement for Enterprise Architecture and for
Transition Plan.--Not later than May 1, 2003, the Secretary of
Defense shall develop--
[(1) a financial management enterprise architecture
for all budgetary, accounting, finance, enterprise
resource planning, and mixed information systems of the
Department of Defense; and
[(2) a transition plan for implementing that
financial management enterprise architecture.
[(b) Composition of Enterprise Architecture.--(1) The
financial management enterprise architecture developed under
subsection (a)(1) shall describe an information infrastructure
that, at a minimum, would enable the Department of Defense to--
[(A) comply with all Federal accounting, financial
management, and reporting requirements;
[(B) routinely produce timely, accurate, and
reliable financial information for management purposes;
[(C) integrate budget, accounting, and program
information and systems; and
[(D) provide for the systematic measurement of
performance, including the ability to produce timely,
relevant, and reliable cost information.
[(2) That enterprise architecture shall also include
policies, procedures, data standards, and system interface
requirements that are to apply uniformly throughout the
Department of Defense.
[(c) Composition of Transition Plan.--The transition plan
developed under subsection (a)(2) shall include the following:
[(1) The acquisition strategy for the enterprise
architecture, including specific time-phased
milestones, performance metrics, and financial and
nonfinancial resource needs.
[(2) A listing of the mission critical or mission
essential operational and developmental financial and
nonfinancial management systems of the Department of
Defense, as defined by the Under Secretary of Defense
(Comptroller), consistent with budget justification
documentation, together with--
[(A) the costs to operate and maintain each
of those systems during fiscal year 2002; and
[(B) the estimated cost to operate and
maintain each of those systems during fiscal
year 2003.
[(3) A listing of the operational and developmental
financial management systems of the Department of
Defense as of the date of the enactment of this Act
(known as ``legacy systems'') that will not be part of
the objective financial and nonfinancial management
system, together with the schedule for terminating
those legacy systems that provides for reducing the use
of those legacy systems in phases.
[(d) Conditions for Obligation of Significant Amounts for
Financial System Improvements.--An amount in excess of
$1,000,000 may be obligated for a defense financial system
improvement only if the Under Secretary of Defense
(Comptroller) makes a determination regarding that improvement
as follows:
[(1) Before the date of an approval specified in
paragraph (2), a determination that the defense
financial system improvement is necessary for either of
the following reasons:
[(A) To achieve a critical national
security capability or address a critical
requirement in an area such as safety or
security.
[(B) To prevent a significant adverse
effect (in terms of a technical matter, cost,
or schedule) on a project that is needed to
achieve an essential capability, taking into
consideration in the determination the
alternative solutions for preventing the
adverse effect.
[(2) On and after the date of any approval by the
Secretary of Defense of a financial management
enterprise architecture and a transition plan that
satisfy the requirements of this section, a
determination that the defense financial system
improvement is consistent with both the enterprise
architecture and the transition plan.
[(e) Congressional Reports.--Not later than March 15 of
each year from 2004 through 2007, the Secretary of Defense
shall submit to the congressional defense committees a report
on the progress of the Department of Defense in implementing
the enterprise architecture and transition plan required by
this section. Each report shall include, at a minimum--
[(1) a description of the actions taken during the
preceding fiscal year to implement the enterprise
architecture and transition plan (together with the
estimated costs of such actions);
[(2) an explanation of any action planned in the
enterprise architecture and transition plan to be taken
during the preceding fiscal year that was not taken
during that fiscal year;
[(3) a description of the actions taken and planned
to be taken during the current fiscal year to implement
the enterprise architecture and transition plan
(together with the estimated costs of such actions);
and
[(4) a description of the actions taken and planned
to be taken during the next fiscal year to implement
the enterprise architecture and transition plan
(together with the estimated costs of such actions).
[(f) Comptroller General Review.--Not later than 60 days
after the approval of an enterprise architecture and transition
plan in accordance with the requirements of subsection (a), and
not later than 60 days after the submission of an annual report
required by subsection (e), the Comptroller General shall
submit to the congressional defense committees an assessment of
the extent to which the actions taken by the Department comply
with the requirements of this section.
[(g) Definitions.--In this section:
[(1) The term ``defense financial system
improvement'' means the acquisition of a new budgetary,
accounting, finance, enterprise resource planning, or
mixed information system for the Department of Defense
or a modification of an existing budgetary, accounting,
finance, enterprise resource planning, or mixed
information system of the Department of Defense. Such
term does not include routine maintenance and operation
of any such system.
[(2) The term ``mixed information system'' means an
information system that supports financial and non-
financial functions of the Federal Government as
defined in Office of Management and Budget Circular A-
127 (Financial management Systems).
[(h) Repeal.--(1) Section 2222 of title 10, United States
Code, is repealed. The table of sections at the beginning of
chapter 131 of such title is amended by striking the item
relating to such section.
[(2) Section 185(d) of such title is amended by striking
``has the meaning given that term in section 2222(c)(2) of this
title'' and inserting ``means an automated or manual system
from which information is derived for a financial management
system or an accounting system''.]
* * * * * * *
Subtitle F--Other Matters
* * * * * * *
SEC. 1064. ENHANCED AUTHORITY TO OBTAIN FOREIGN LANGUAGE SERVICES
DURING PERIODS OF EMERGENCY.
(a) National Foreign Language Skills Registry.--(1) * * *
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1596a the following new item:
``1596b. Foreign language proficiency: National Foreign Language Skills
Registry.''.
* * * * * * *
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2003''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Alabama.................................... Anniston Army Depot.............. $1,900,000
Fort Rucker...................... $15,808,000
Redstone Arsenal................. $1,950,000
Alaska..................................... Fort Greely...................... $2,700,000
Fort Richardson.................. $20,011,000
Fort Wainwright.................. $139,906,000
Arizona.................................... Fort Huachuca.................... $10,400,000
Yuma Proving Ground.............. $4,500,000
California................................. Fort Irwin....................... $2,522,000
Colorado................................... Fort Carson...................... $9,698,000
District of Columbia....................... Walter Reed Army Medical Center.. $13,794,000
Georgia.................................... Fort Benning..................... $86,250,000
Fort Stewart/Hunter Army Air $26,000,000
Field...........................
Hawaii..................................... Schofield Barracks............... $191,000,000
Kansas..................................... Fort Leavenworth................. $7,979,000
Fort Riley....................... $81,095,000
Kentucky................................... Blue Grass Army Depot............ $5,500,000
Fort Campbell.................... $106,300,000
Fort Knox........................ $5,873,000
Louisiana.................................. Fort Polk........................ $37,620,000
Maryland................................... Fort Detrick..................... $22,500,000
Massachusetts.............................. Natick Research, Development, and $4,100,000
Engineering Center..............
Missouri................................... Fort Leonard Wood................ $24,993,000
New Jersey................................. Picatinny Arsenal................ $7,500,000
New York................................... Fort Drum........................ $18,300,000
United States Military Academy, $4,991,000
West Point......................
North Carolina............................. Fort Bragg....................... $99,632,000
Oklahoma................................... Fort Sill........................ [$39,652,000] $40,752,000
Pennsylvania............................... Letterkenny Army Depot........... $1,550,000
South Carolina............................. Fort Jackson..................... $3,051,000
Texas...................................... Fort Bliss....................... $5,200,000
Fort Hood........................ $83,061,000
Virginia................................... Fort Eustis...................... $4,133,000
Fort Lee......................... $7,103,000
Washington................................. Fort Lewis....................... $56,195,000
Yakima Training Center........... $3,000,000
---------------------------------
Total........................ [$1,155,767,000] $1,157,267,000
----------------------------------------------------------------------------------------------------------------
* * * * * * *
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) * * *
* * * * * * *
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2101 of this Act may not exceed--
(1) * * *
* * * * * * *
(6) [$25,000,000] $26,100,000 (the balance of the
amount authorized under section 2101(a) for
construction of a consolidated maintenance complex at
Fort Sill, Oklahoma).
* * * * * * *
----------
FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
* * * * * * *
Subtitle D--Department of Defense Industrial Facilities
* * * * * * *
SEC. 343. ARSENAL SUPPORT PROGRAM INITIATIVE.
(a) Demonstration Program Required.--To help maintain the
viability of the Army manufacturing arsenals and the unique
capabilities of these arsenals to support the national security
interests of the United States, the Secretary of the Army shall
carry out a demonstration program under this section during
fiscal years 2001 through [2004] 2008 at each manufacturing
arsenal of the Department of the Army.
* * * * * * *
(g) Reporting Requirements.--(1) Not later than July 1 of
each year in which a guarantee issued under subsection (d) is
in effect, the Secretary of the Army shall submit to Congress a
report specifying the amounts of loans guaranteed under such
subsection during the preceding calendar year. No report is
required after fiscal year [2004] 2008.
(2) Not later than July 1, [2003] 2007, the Secretary of
the Army shall submit to the congressional defense committees a
report on the results of the demonstration program since its
implementation, including the Secretary's views regarding the
benefits of the program for Army manufacturing arsenals and the
Department of the Army and the success of the program in
achieving the purposes specified in subsection (b). The report
shall contain a comprehensive review of contracting at the Army
manufacturing arsenals covered by the program and such
recommendations as the Secretary considers appropriate
regarding changes to the program.
* * * * * * *
TITLE XII--MATTERS RELATING TO OTHER NATIONS
* * * * * * *
Subtitle D--Other Matters
* * * * * * *
SEC. 1238. UNITED STATES-CHINA SECURITY REVIEW COMMISSION.
(a) * * *
* * * * * * *
(c) Duties.--
(1) Annual report.--Not later than March 1 each
year [(beginning in 2002)], the Commission shall submit
to Congress a report, in both unclassified and
classified form, regarding the national security
implications and impact of the bilateral trade and
economic relationship between the United States and the
People's Republic of China. The report shall include a
full analysis, along with conclusions and
recommendations for legislative and administrative
actions, if any, of the national security implications
for the United States of the trade and current balances
with the People's Republic of China in goods and
services, financial transactions, and technology
transfers. The Commission shall also take into account
patterns of trade and transfers through third countries
to the extent practicable. The report shall include a
full discussion of the activities of the Commission
under each of the subparagraphs of paragraph (2).
[(2) Contents of report.--Each report under
paragraph (1) shall include, at a minimum, a full
discussion of the following:]
[(A) The portion of trade in goods and
services with the United States that the
People's Republic of China dedicates to
military systems or systems of a dual nature
that could be used for military purposes.
[(B) The acquisition by the People's
Republic of China of advanced military or dual-
use technologies from the United States by
trade (including procurement) and other
technology transfers, especially those
transfers, if any, that contribute to the
proliferation of weapons of mass destruction or
their delivery systems, or that undermine
international agreements or United States laws
with respect to nonproliferation.
[(C) Any transfers, other than those
identified under subparagraph (B), to the
military systems of the People's Republic of
China made by United States firms and United
States-based multinational corporations.
[(D) An analysis of the statements and
writing of the People's Republic of China
officials and officially-sanctioned writings
that bear on the intentions, if any, of the
Government of the People's Republic of China
regarding the pursuit of military competition
with, and leverage over, or cooperation with,
the United States and the Asian allies of the
United States.
[(E) The military actions taken by the
Government of the People's Republic of China
during the preceding year that bear on the
national security of the United States and the
regional stability of the Asian allies of the
United States.
[(F) The effects, if any, on the national
security interests of the United States of the
use by the People's Republic of China of
financial transactions and capital flow and
currency manipulations.
[(G) Any action taken by the Government of
the People's Republic of China in the context
of the World Trade Organization that is adverse
or favorable to the United States national
security interests.
[(H) Patterns of trade and investment
between the People's Republic of China and its
major trading partners, other than the United
States, that appear to be substantively
different from trade and investment patterns
with the United States and whether the
differences have any national security
implications for the United States.
[(I) The extent to which the trade surplus
of the People's Republic of China with the
United States enhances the military budget of
the People's Republic of China.
[(J) An overall assessment of the state of
the security challenges presented by the
People's Republic of China to the United States
and whether the security challenges are
increasing or decreasing from previous years.]
(2) Areas of focus.--The Commission shall focus, in
lieu of any other area of work or study, on the
following:
(A) Proliferation practices.--The
Commission shall analyze and assess the Chinese
role in the proliferation of weapons of mass
destruction and other weapons (including dual
use technologies) to terrorist-sponsoring
states, and suggest possible steps which the
United States might take, including economic
sanctions, to encourage the Chinese to stop
such practices.
(B) Economic reforms and united states
economic transfers.--The Commission shall
analyze and assess the qualitative and
quantitative nature of the shift of United
States production activities to China,
including the relocation of high-technology,
manufacturing, and R&D facilities; the impact
of these transfers on United States national
security, including political influence by the
Chinese Government over American firms,
dependence of the United States national
security industrial base on Chinese imports,
the adequacy of United States export control
laws, and the effect of these transfers on
United States economic security, employment,
and the standard of living of the American
people; analyze China's national budget and
assess China's fiscal strength to address
internal instability problems and assess the
likelihood of externalization of such problems.
(C) Energy.--The Commission shall evaluate
and assess how China's large and growing
economy will impact upon world energy supplies
and the role the United States can play,
including joint R&D efforts and technological
assistance, in influencing China's energy
policy.
(D) United states capital markets.--The
Commission shall evaluate the extent of Chinese
access to, and use of United States capital
markets, and whether the existing disclosure
and transparency rules are adequate to identify
Chinese companies which are active in United
States markets and are also engaged in
proliferation activities or other activities
harmful to United States security interests.
(E) Corporate reporting.--The Commission
shall assess United States trade and investment
relationship with China, including the need for
corporate reporting on United States
investments in China and incentives that China
may be offering to United States corporations
to relocate production and R&D to China.
(F) Regional economic and security
impacts.--The Commission shall assess the
extent of China's ``hollowing-out'' of Asian
manufacturing economies, and the impact on
United States economic and security interests
in the region; review the triangular economic
and security relationship among the United
States, Taipei and Beijing, including Beijing's
military modernization and force deployments
aimed at Taipei, and the adequacy of United
States executive branch coordination and
consultation with Congress on United States
arms sales and defense relationship with
Taipei.
(G) United states-china bilateral
programs.--The Commission shall assess science
and technology programs to evaluate if the
United States is developing an adequate
coordinating mechanism with appropriate review
by the intelligence community with Congress;
assess the degree of non-compliance by China
and United States-China agreements on prison
labor imports and intellectual property rights;
evaluate United States enforcement policies;
and recommend what new measures the United
States Government might take to strengthen our
laws and enforcement activities and to
encourage compliance by the Chinese.
(H) World trade organization compliance.--
The Commission shall review China's record of
compliance to date with its accession agreement
to the WTO, and explore what incentives and
policy initiatives should be pursued to promote
further compliance by China.
(I) Media control.--The Commission shall
evaluate Chinese government efforts to
influence and control perceptions of the United
States and its policies through the internet,
the Chinese print and electronic media, and
Chinese internal propaganda.
* * * * * * *
----------
SECTION 901 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1998
[SEC. 901. ASSISTANTS TO THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF FOR
NATIONAL GUARD MATTERS AND FOR RESERVE MATTERS.
[(a) Establishment of Positions.--The Secretary of Defense
shall establish the following positions within the Joint Staff:
[(1) Assistant to the Chairman of the Joint Chiefs
of Staff for National Guard Matters.
[(2) Assistant to the Chairman of the Joint Chiefs
of Staff for Reserve Matters.
[(b) Selection.--(1) The Assistant to the Chairman of the
Joint Chiefs of Staff for National Guard Matters shall be
selected by the Chairman from officers of the Army National
Guard of the United States or the Air Guard of the United
States who--
[(A) are recommended for such selection by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of
Columbia National Guard;
[(B) have had at least 10 years of federally
recognized commissioned service in the National Guard;
and
[(C) are in a grade above the grade of colonel.
[(2) The Assistant to the Chairman of the Joint Chiefs of
Staff for Reserve Matters shall be selected by the Chairman
from officers of the Army Reserve, the Naval Reserve, the
Marine Corps Reserve, or the Air Force Reserve who--
[(A) are recommended for such selection by
the Secretary of the military department
concerned;
[(B) have had at least 10 years of
commissioned service in their reserve
component; and
[(C) are in a grade above the grade of
colonel or, in the case of the Naval Reserve,
captain.
[(c) Term of Office.--Each Assistant to the Chairman under
subsection (a) serves at the pleasure of the Chairman for a
term of two years and may be continued in that assignment in
the same manner for one additional term. However, in time of
war there is no limit on the number of terms.
[(d) Grade.--Each Assistant to the Chairman, while so
serving, holds the grade of major general or, in the case of
the Naval Reserve, rear admiral. Each such officer shall be
considered to be serving in a position external to that
officer's Armed Force for purposes of section 721 of title 10,
United States Code, as added by section 501(a).
[(e) Duties.--The Assistant to the Chairman for National
Guard Matters is an adviser to the Chairman on matters relating
to the National Guard and performs the duties prescribed for
that position by the Chairman. The Assistant to the Chairman
for Reserve Matters is an adviser to the Chairman on matters
relating to the reserves and performs the duties prescribed for
that position by the Chairman.
[(f) Other Reserve Component Representation on Joint
Staff.--(1) The Secretary of Defense, in consultation with the
Chairman of the Joint Chiefs, shall develop appropriate policy
guidance to ensure that, to the maximum extent practicable, the
level of reserve component officer representation within the
Joint Staff is commensurate with the significant role of the
reserve components within the Total Force.
[(2) Not later than March 1, 1998, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
a report describing the steps taken and being taken to
implement this subsection.
[(g) Effective Date.--The positions specified in subsection
(a) shall be established by the Secretary of Defense not later
than 60 days after the date of the enactment of this Act.]
* * * * * * *
----------
SECTION 1123 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEARS
1990 AND 1991
SEC. 1123. PROFESSIONAL MILITARY EDUCATION IN JOINT MATTERS
(a) * * *
[(b) Statement of Congressional Policy.--As part of the
efforts of the Secretary of Defense to improve professional
military education, Congress urges, as a matter of policy, and
fully expects the Secretary to establish the following:
[(1) A coherent and comprehensive framework for the
education of officers, including officers nominated for
the joint specialty.
[(2) A two-phase approach to strengthening the focus
on joint matters, as follows:
[(A) Phase I instruction consisting of a
joint curriculum, in addition to the principal
curriculum taught to all officers at service-
operated professional military education
schools.
[(B) Phase II instruction consisting of a
follow-on, solely joint curriculum taught at
the Armed Forces Staff College to officers who
are expected to be selected for the joint
specialty. The curriculum should emphasize
multiple ``hands on'' exercises and must
adequately prepare students to perform
effectively from the outset in what will
probably be their first exposure to a totally
new environment, an assignment to a joint,
multiservice organization. Phase II instruction
should be structured so that students progress
from a basic knowledge of joint matters learned
in Phase I to the level of expertise necessary
for successful performance in the joint arena.
[(3) A sequenced approach to joint education in which
the norm would require an officer to complete Phase I
instruction before proceeding to Phase II instruction.
An exception to the normal sequence should be granted
by the Chairman of the Joint Chiefs of Staff only on a
case-by-case basis for compelling cause. Officers
selected to receive such an exception should be
required to demonstrate a basic knowledge of joint
matters and other aspects of the Phase I curriculum
that qualifies them to meet the minimum requirements
established for entry into Phase II instruction without
first completing Phase I instruction. The number of
officers selected to attend an offering of the
principal course of instruction at the Armed Forces
Staff College who have not completed Phase I
instruction should comprise only a small portion of the
total number of officers selected.]
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart B--Employment and Retention
* * * * * * *
CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
* * * * * * *
SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS
* * * * * * *
Sec. 3341. Details; within Executive or military departments
(a) * * *
* * * * * * *
[(c) For purposes of this section--
[(1) the term ``base closure law'' means--
[(A) section 2687 of title 10;
[(B) title II of the Defense Authorization
Amendments and Base Closure and Realignment Act
(10 U.S.C. 2687 note); and
[(C) the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note);
and
[(2) the term ``military installation''--
[(A) in the case of an installation covered
by section 2687 of title 10, has the meaning
given such term in subsection (e)(1) of such
section;
[(B) in the case of an installation covered
by the Act referred to in subparagraph (B) of
paragraph (1), has the meaning given such term
in section 209(6) of such Act; and
[(C) in the case of an installation covered
by the Act referred to in subparagraph (C) of
that paragraph, has the meaning given such term
in section 2910(4) of such Act.]
(c) For purposes of this section, the term ``base closure
law'' has the meaning given such term in section 101(a)(17) of
title 10.
* * * * * * *
Subpart D--Pay and Allowances
* * * * * * *
Sec. 5102. Definitions; application
(a) * * *
* * * * * * *
(c) This chapter does not apply to--
(2) * * *
* * * * * * *
(10) civilian professors, instructors, and
lecturers at a professional military education school
(and, in the case of the George C. Marshall European
Center for Security Studies, the Director and the
Deputy Director) whose pay is fixed under section 1595,
4021, 7478, or 9081 of title 10; civilian professors,
lecturers, and instructors at the Military Academy, the
Naval Academy, and the Air Force Academy whose pay is
fixed under sections 4338, 6952, and 9338,
respectively, of title 10; senior professors,
professors, associate and assistant professors, and
instructors at the Naval Postgraduate School whose pay
is fixed under section 7044 of title 10; the [Academic
Dean] Provost and Academic Dean of the Postgraduate
School of the Naval Academy whose pay is fixed under
section 7043 of title 10; civilian professors,
instructors, and lecturers in the defense acquisition
university structure (including the Defense Systems
Management College) whose pay is fixed under section
1746(b) of title 10;
* * * * * * *
Subpart E--Attendance and Leave
* * * * * * *
CHAPTER 63--LEAVE
* * * * * * *
SUBCHAPTER II--OTHER PAID LEAVE
* * * * * * *
Sec. 6323. Military leave; Reserves and National Guardsmen
(a)(1) * * *
* * * * * * *
(d)(1) A military reserve technician described in section
8401(30) is entitled at such person's request to leave without
loss of, or reduction in, pay, leave to which such person is
otherwise entitled, credit for time or service, or performance
or efficiency rating for each day, not to exceed 44 workdays in
a calendar year, in which such person is on active duty without
pay, as authorized pursuant to section 12315 of title 10, under
section 12301(b) or 12301(d) of title 10 [(other than active
duty during a war or national emergency declared by the
President or Congress)] for participation in operations outside
the United States, its territories and possessions.
* * * * * * *
CHAPTER 89--HEALTH INSURANCE
Sec. 8905a. Continued coverage
(a) Any individual described in [paragraph (1) or (2) of]
subsection (b) may elect to continue coverage under this
chapter in accordance with the provisions of this section.
(b) This section applies with respect to--
(1) any employee who--
(A) * * *
(B) would not otherwise be eligible for any
benefits under this chapter (determined without
regard to any temporary extension of coverage
and without regard to any benefits available
under a nongroup contract); [and]
(2) any individual who--
(A) * * *
* * * * * * *
(C) would not otherwise be eligible for any
benefits under this chapter (determined without
regard to any temporary extension of coverage
and without regard to any benefits available
under a nongroup contract)[.]; and
(3) any employee who--
(A) is enrolled in a health benefits plan
under this chapter;
(B) is a member of a Reserve component of
the armed forces;
(C) is called or ordered to active duty in
support of a contingency operation (as defined
in section 101(a)(13) of title 10);
(D) is placed on leave without pay or
separated from service to perform active duty;
and
(E) serves on active duty for a period of
more than 30 consecutive days.
* * * * * * *
(e)(1) Continued coverage under this section may not extend
beyond--
(A) in the case of an individual whose continued
coverage is based on separation from service, the date
which is 18 months after the effective date of the
separation; [or]
(B) in the case of an individual whose continued
coverage is based on ceasing to meet the requirements
for being considered an unmarried dependent child, the
date which is 36 months after the date on which the
individual first ceases to meet those requirements,
subject to paragraph (2)[.]; or
(C) in the case of an employee described in
subsection (b)(3), the date which is 24 months
after the employee is placed on leave without
pay or separated from service to perform active
duty.
* * * * * * *
Sec. 8906. Contributions
(a) * * *
* * * * * * *
(e)(1) * * *
* * * * * * *
(3)(A) * * *
* * * * * * *
(C) Notwithstanding the one-year limitation on coverage
described in paragraph (1)(A), payment may be made under this
paragraph for a period not to exceed [18] 24 months.
* * * * * * *
----------
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2002
* * * * * * *
TITLE XVI--UNIFORMED SERVICES VOTING
* * * * * * *
[SEC. 1604. ELECTRONIC VOTING DEMONSTRATION PROJECT.
[(a) Establishment of Demonstration Project.--
[(1) In general.--Subject to paragraph (2), the
Secretary of Defense shall carry out a demonstration
project under which absent uniformed services voters
are permitted to cast ballots in the regularly
scheduled general election for Federal office for
November 2002 through an electronic voting system. The
project shall be carried out with participation of
sufficient numbers of absent uniformed services voters
so that the results are statistically relevant.
[(2) Authority to delay implementation.--If the
Secretary of Defense determines that the implementation
of the demonstration project under paragraph (1) with
respect to the regularly scheduled general election for
Federal office for November 2002 may adversely affect
the national security of the United States, the
Secretary may delay the implementation of such
demonstration project until the regularly scheduled
general election for Federal office for November 2004.
The Secretary shall notify the Committee on Armed
Services and the Committee on Rules and Administration
of the Senate and the Committee on Armed Services and
the Committee on House Administration of the House of
Representatives of any decision to delay implementation
of the demonstration project.
[(b) Coordination With State Election Officials.--The
Secretary shall carry out the demonstration project under this
section through cooperative agreements with State election
officials of States that agree to participate in the project.
[(c) Report to Congress.--Not later than June 1 of the year
following the year in which the demonstration project is
conducted under this section, the Secretary of Defense shall
submit to Congress a report analyzing the demonstration
project. The Secretary shall include in the report any
recommendations the Secretary considers appropriate for
continuing the project on an expanded basis for absent
uniformed services voters during the next regularly scheduled
general election for Federal office.
[(d) Definitions.--In this section:
[(1) Absent uniformed services voter.--The term
``absent uniformed services voter'' has the meaning
given that term in section 107(1) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff-6(1)).
[(2) State.--The term ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico,
Guam, the Virgin Islands, and American Samoa.]
* * * * * * *
TITLE XXVIII--GENERAL PROVISIONS
* * * * * * *
Subtitle B--Real Property and Facilities Administration
* * * * * * *
SEC. 2814. DEMONSTRATION PROGRAM ON REDUCTION IN LONG-TERM FACILITY
MAINTENANCE COSTS.
(a) Authority To Carry Out Program.--The Secretary of
Defense [or the Secretary of a military department] and the
Secretaries of the military departments may conduct a
demonstration program to assess the feasibility and
desirability of including facility maintenance requirements in
construction contracts for military construction projects for
the purpose of determining whether such requirements facilitate
reductions in the long-term facility maintenance costs of the
military departments.
(b) Contracts.--(1) Not more than [12 contracts per
military department] 36 contracts may contain requirements
referred to in subsection (a) for the purpose of the
demonstration program.
(2) The demonstration program may only cover contracts
entered into on or after [the date of the enactment of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003]
December 2, 2002, except that the Secretary of the Army shall
treat any contract containing requirements referred to in
subsection (a) that was entered into under the authority in
such subsection between that date and December 28, 2001, as a
contract for the purpose of the demonstration program.
* * * * * * *
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
* * * * * * *
SEC. 3306. RESTRICTION ON DISPOSAL OF MANGANESE FERRO.
(a) Temporary Quantity Restrictions.--During fiscal years
2002 through 2005, the disposal of manganese ferro in the
National Defense Stockpile may not exceed the following
quantities:
(1) * * *
* * * * * * *
(3) During [each of the fiscal years 2004 and 2005]
fiscal year 2004, 50,000 short tons of high carbon
manganese ferro of the highest grade.
(4) During fiscal year 2005, 100,000 short tons of
high carbon manganese ferro of the highest grade.
* * * * * * *
----------
SECTION 128 OF THE MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2004
* * * * * * *
GENERAL PROVISIONS
* * * * * * *
[Sec. 128. (a) Commission on Review of Overseas Military
Facility Structure of the United States.--(1) There is
established the Commission on the Review of the Overseas
Military Facility Structure of the United States (in this
section referred to as the ``Commission'').
[(2)(A) The Commission shall be composed of eight members
of whom--
[(i) two shall be appointed by the Majority Leader
of the Senate;
[(ii) two shall be appointed by the Minority Leader
of the Senate;
[(iii) two shall be appointed by the Speaker of the
House of Representatives; and
[(iv) two shall be appointed by the Minority Leader
of the House of Representatives.
[(B) Individuals appointed to the Commission shall have
significant experience in the national security or foreign
policy of the United States.
[(C) Appointments of the members of the Commission shall be
made not later than 45 days after the date of the enactment of
this Act.
[(3) Members shall be appointed for the life of the
Commission. Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner as the original
appointment.
[(4) Not later than 30 days after the date on which all
members of the Commission have been appointed, the Commission
shall hold its first meeting.
[(5) The Commission shall meet at the call of the Chairman.
[(6) A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold
hearings.
[(7) The Commission shall select a Chairman and Vice
Chairman from among its members.
[(b) Duties.--(1) The Commission shall conduct a thorough
study of matters relating to the military facility structure of
the United States overseas.
[(2) In conducting the study, the Commission shall--
[(A) assess the number of forces required to be
forward based outside the United States;
[(B) examine the current state of the military
facilities and training ranges of the United States
overseas for all permanent stations and deployed
locations, including the condition of land and
improvements at such facilities and ranges and the
availability of additional land, if required, for such
facilities and ranges;
[(C) identify the amounts received by the United
States, whether in direct payments, in-kind
contributions, or otherwise, from foreign countries by
reason of military facilities of the United States
overseas;
[(D) assess whether or not the current military
basing and training range structure of the United
States overseas is adequate to meet the current and
future mission of the Department of Defense, including
contingency, mobilization, and future force
requirements;
[(E) assess the feasibility and advisability of the
closure or realignment of military facilities of the
United States overseas, or of the establishment of new
military facilities of the United States overseas; and
[(F) consider or assess any other issue relating to
military facilities of the United States overseas that
the Commission considers appropriate.
[(3)(A) Not later than December 31, 2004, the Commission
shall submit to the President and Congress a report which shall
contain a detailed statement of the findings and conclusions of
the Commission, together with its recommendations for such
legislation and administrative actions as it considers
appropriate.
[(B) In addition to the matters specified in subparagraph
(A), the report shall also include a proposal by the Commission
for an overseas basing strategy for the Department of Defense
in order to meet the current and future mission of the
Department.
[(c) Powers.--(1) The Commission may hold such hearings,
sit and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out this section.
[(2) The Commission may secure directly from any Federal
department or agency such information as the Commission
considers necessary to carry out this section. Upon request of
the Chairman of the Commission, the head of such department or
agency shall furnish such information to the Commission.
[(3) Upon request of the Commission, the Administrator of
General Services shall provide to the Commission, on a
reimbursable basis, the administrative support necessary for
the Commission to carry out its duties under this section.
[(4) The Commission may use the United States mails in the
same manner and under the same conditions as other departments
and agencies of the Federal Government.
[(5) The Commission may accept, use, and dispose of gifts
or donations of services or property.
[(d) Personnel Matters.--(1) Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Commission under this section. All members of the Commission
who are officers or employees of the United States shall serve
without compensation in addition to that received for their
services as officers or employees of the United States.
[(2)(A) Members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission under this section.
[(B) Members and staff of the Commission may receive
transportation on military aircraft to and from the United
States, and overseas, for purposes of the performance of the
duties of the Commission to the extent that such transportation
will not interfere with the requirements of military
operations.
[(3)(A) The Chairman of the Commission may, without regard
to the civil service laws and regulations, appoint and
terminate an executive director and such other additional
personnel as may be necessary to enable the Commission to
perform its duties under this section. The employment of an
executive director shall be subject to confirmation by the
Commission.
[(B) The Commission may employ a staff to assist the
Commission in carrying out its duties. The total number of the
staff of the Commission, including an executive director under
subparagraph (A), may not exceed 12.
[(C) The Chairman of the Commission may fix the
compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for the executive director and other personnel may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such title.
[(4) Any employee of the Department of Defense, the
Department of State, or the General Accounting Office may be
detailed to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil service
status or privilege.
[(5) The Chairman of the Commission may procure temporary
and intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of such title.
[(e) Security.--(1) Members and staff of the Commission,
and any experts and consultants to the Commission, shall
possess security clearances appropriate for their duties with
the Commission under this section.
[(2) The Secretary of Defense shall assume responsibility
for the handling and disposition of any information relating to
the national security of the United States that is received,
considered, or used by the Commission under this section.
[(f) Termination.--The Commission shall terminate 45 days
after the date on which the Commission submits its report under
subsection (b).
[(g) Funding.--(1) Of the amount appropriated by this Act,
$3,000,000 shall be available to the Commission to carry out
this section.
[(2) The amount made available by paragraph (1) shall
remain available, without fiscal year limitation, until
September 2005.]
----------
TITLE 32, UNITED STATES CODE
CHAPTER 1--ORGANIZATION
Chap. Sec.
Organization...................................................101
* * * * * * *
Operations of a National or Federal Interest...................901
* * * * * * *
CHAPTER 1--ORGANIZATION
* * * * * * *
Sec. 112. Drug interdiction and counter-drug activities
(a) * * *
* * * * * * *
[(e) Exclusion From End-Strength Computation.--Members of
the National Guard on active duty or full-time National Guard
duty for the purposes of administering (or during fiscal year
1993 otherwise implementing) this section shall not be counted
toward the annual end strength authorized for reserves on
active duty in support of the reserve components of the armed
forces or toward the strengths authorized in sections 12011 and
12012 of title 10.]
[(f)] (e) End Strength Limitation.--(1) Except as provided
in paragraph (2), at the end of a fiscal year there may not be
more than 4000 members of the National Guard--
(A) on full-time National Guard duty under section
502(f) of this title to perform drug interdiction or
counter-drug activities pursuant to an order to duty
[for a period of more than 180 days]; or
(B) on duty under State authority to perform drug
interdiction or counter-drug activities pursuant to an
order to duty [for a period of more than 180 days] with
State pay and allowances being reimbursed with funds
provided under subsection (a)(1).
* * * * * * *
[(g)] (f) Annual Report.--The Secretary of Defense shall
submit to Congress an annual report regarding assistance
provided and activities carried out under this section during
the preceding fiscal year. The report shall include the
following:
(1) * * *
* * * * * * *
[(h)] (g) Statutory Construction.--Nothing in this section
shall be construed as a limitation on the authority of any unit
of the National Guard of a State, when such unit is not in
Federal service, to perform law enforcement functions
authorized to be performed by the National Guard by the laws of
the State concerned.
[(i)] (h) Definitions.--For purposes of this section:
(1) * * *
* * * * * * *
CHAPTER 3--PERSONNEL
* * * * * * *
Sec. 305. Federal recognition of commissioned officers: persons
eligible
(a) The following categories are eligible for Federal
recognition as commissioned officers of the National Guard:
(1) Members of the National Guard.
(2) Members of the [Army, Navy, Air Force, or
Marine Corps] armed forces.
(3) Former officers of the [Army, Navy, Air Force,
or Marine Corps] armed forces.
(4) Former enlisted members of the [Army, Navy, Air
Force, or Marine Corps] armed forces who were
discharged honorably or under honorable conditions.
(5) Graduates of the United States Military
Academy, the United States Naval Academy, [or the
United States Air Force Academy] the United States Air
Force Academy, or the United States Coast Guard
Academy.
* * * * * * *
CHAPTER 9--OPERATIONS OF A NATIONAL OR FEDERAL INTEREST
Sec.
901. Operational activities.
902. Operational duty.
903. Funding assistance.
904. Operations requests.
Sec. 901. Operational activities
The Secretary of Defense may provide funds in advance or on
a reimbursable basis to a Governor to employ National Guard
units and individuals to conduct operational activities that
the Secretary determines to be in the national interest. The
Secretary of Defense shall prescribe regulations to implement
this chapter.
Sec. 902. Operational duty
All duty performed under this chapter shall be considered
to be full-time National Guard duty under section 502(f) of
this title. Members of the National Guard performing full-time
National Guard duty in the Active Guard and Reserve Program may
support or execute operational activities performed by the
National Guard under this chapter.
Sec. 903. Funding assistance
When the Secretary of Defense determines that certain
operational activities of the National Guard are in the
national interest under section 901 of this title, the
Secretary shall provide funds to a State in an amount that the
Secretary determines is appropriate for the following costs of
the operational activities from funds available to the
Department for related purposes:
(1) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses of personnel
of the National Guard of that State.
(2) The operation and maintenance of the equipment
and facilities of the National Guard of that State.
(3) The procurement of services and equipment, and
the leasing of equipment, for the National Guard of
that State.
Sec. 904. Operations requests
(a) Requests.--A Governor of a State may request funding
assistance for the operational activities of the National Guard
of that State from the Secretary of Defense. Any such request
shall include the following:
(1) The specific intended operational activities of
the National Guard of that State.
(2) An explanation of why the operational
activities are in the national interest.
(3) A certification that operational activities are
to be conducted at a time when the personnel involved
are not in Federal service.
(4) A certification that participation by National
Guard personnel in the operational activities is
service in addition to training required under section
502 of this title.
----------
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
* * * * * * *
TITLE V--MILITARY PERSONNEL POLICY
* * * * * * *
Subtitle H--Matters Related to Recruiting
* * * * * * *
[SEC. 573. ARMY COLLEGE FIRST PILOT PROGRAM.
[(a) Program Required.--The Secretary of the Army shall
establish a pilot program (to be known as the ``Army College
First'' program) to assess whether the Army could increase the
number of, and the level of the qualifications of, persons
entering the Army as enlisted members by encouraging recruits
to pursue higher education or vocational or technical training
before entry into active service in the Army.
[(b) Delayed Entry With Allowance for Higher Education.--
Under the pilot program, the Secretary may--
[(1) exercise the authority under section 513 of
title 10, United States Code--
[(A) to accept the enlistment of a person
as a Reserve for service in the Selected
Reserve or Individual Ready Reserve of the Army
Reserve or, notwithstanding the scope of the
authority under subsection (a) of that section,
in the Army National Guard of the United
States; and
[(B) to authorize, notwithstanding the
period limitation in subsection (b) of that
section, a delay of the enlistment of any such
person in a regular component under that
subsection for the period during which the
person is enrolled in, and pursuing a program
of education at, an institution of higher
education, or a program of vocational or
technical training, on a full-time basis that
is to be completed within the maximum period of
delay determined for that person under
subsection (c); and
[(2) subject to paragraph (2) of subsection (d) and
except as provided in paragraph (3) of that subsection,
pay an allowance to a person accepted for enlistment
under paragraph (1)(A) for each month of the period
during which that person is enrolled in and pursuing a
program described in paragraph (1)(B).
[(c) Maximum Period of Delay.--The period of delay
authorized a person under paragraph (1)(B) of subsection (b)
may not exceed the 30-month period beginning on the date of the
person's enlistment accepted under paragraph (1)(A) of such
subsection.
[(d) Allowance.--(1) The monthly allowance paid under
subsection (b)(2) shall be equal to the amount of the
subsistence allowance provided for certain members of the
Senior Reserve Officers' Training Corps with the corresponding
number of years of participation under section 209(a) of title
37, United States Code.
[(2) An allowance may not be paid to a person under this
section for more than 24 months.
[(3) A member of the Selected Reserve of a reserve
component may be paid an allowance under this section only for
months during which the member performs satisfactorily as a
member of a unit of the reserve component that trains as
prescribed in section 10147(a)(1) of title 10, United States
Code, or section 502(a) of title 32, United States Code.
Satisfactory performance shall be determined under regulations
prescribed by the Secretary.
[(4) An allowance under this section is in addition to any
other pay or allowance to which a member of a reserve component
is entitled by reason of participation in the Ready Reserve of
that component.
[(f) Recoupment of Allowance.--(1) A person who, after
receiving an allowance under this section, fails to complete
the total period of service required of that person in
connection with delayed entry authorized for the person under
section 513 of title 10, United States Code, shall repay the
United States the amount which bears the same ratio to the
total amount of that allowance paid to the person as the
unserved part of the total required period of service bears to
the total period.
[(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 of a person in bankruptcy under title
11, United States Code, that is entered less than five years
after the date on which the person was, or was to be, enlisted
in the regular Army pursuant to the delayed entry authority
under section 513 of title 10, United States Code, does not
discharge that person from a debt arising under paragraph (1).
[(4) The Secretary of the Army may waive, in whole or in
part, a debt arising under paragraph (1) in any case for which
the Secretary determines that recovery would be against equity
and good conscience or would be contrary to the best interests
of the United States.
[(g) Comparison Group.--To perform the assessment under
subsection (a), the Secretary may define and study any group
not including persons receiving a benefit under subsection (b)
and compare that group with any group or groups of persons who
receive such benefits under the pilot program.
[(h) Duration of Pilot Program.--The pilot program shall be
in effect during the period beginning on October 1, 1999, and
ending on September 30, 2004.
[(i) Report.--Not later than February 1, 2004, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
pilot program. The report shall include the following:
[(1) The assessment of the Secretary regarding the
value of the authority under this section for achieving
the objectives of increasing the number of, and the
level of the qualifications of, persons entering the
Army as enlisted members.
[(2) Any recommendation for legislation or other
action that the Secretary considers appropriate to
achieve those objectives through grants of entry delays
and financial benefits for advanced education and
training of recruits.]
* * * * * * *
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
* * * * * * *
Subtitle B--Department of Defense Organization
* * * * * * *
SEC. 914. CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS.
[(a) Establishment.--The Secretary of Defense shall
establish a Center for the Study of Chinese Military Affairs as
part of the National Defense University. The Center shall be
organized under the Institute for National Strategic Studies of
the University.]
(a) Establishment.--There shall be a Center for the Study
of Chinese Military Affairs organized under the United States-
China Economic and Security Review Commission established by
section 1238 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002).
* * * * * * *
[(d) Startup of Center.--The Secretary of Defense shall
establish the Center for the Study of Chinese Military Affairs
not later than March 1, 2000. The first Director of the Center
shall be appointed not later than June 1, 2000. The Center
should be fully operational not later than June 1, 2001.
[(e) Implementation Report.--(1) Not later than January 1,
2001, the President of the National Defense University shall
submit to the Secretary of Defense a report setting forth the
President's organizational plan for the Center for the Study of
Chinese Military Affairs, the proposed budget for the Center,
and the timetable for initial and full operations of the
Center. The President of the National Defense University shall
prepare that report in consultation with the Director of the
Center and the Director of the Institute for National Strategic
Studies of the University.
[(2) The Secretary of Defense shall transmit the report
under paragraph (1), together with whatever comments the
Secretary considers appropriate, to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives not later than February 1, 2001.]
* * * * * * *
----------
CHAPTER 9 OF TITLE 14, UNITED STATES CODE
CHAPTER 9--COAST GUARD ACADEMY
Sec.
181. Administration of Academy.
* * * * * * *
197. Cadets: charges and fees for attendance; limitation.
* * * * * * *
Sec. 197. Cadets: charges and fees for attendance; limitation
(a) Prohibition.--Except as provided in subsection (b), no
charge or fee for tuition, room, or board for attendance at the
Academy may be imposed unless the charge or fee is specifically
authorized by a law enacted after October 5, 1994.
(b) Exception.--The prohibition specified in subsection (a)
does not apply with respect to any item or service provided to
cadets for which a charge or fee is imposed as of October 5,
1994. The Secretary of Homeland Security shall notify Congress
of any change made by the Academy in the amount of a charge or
fee authorized under this subsection.
----------
MERCHANT MARINE ACT, 1936
* * * * * * *
TITLE XII--WAR RISK INSURANCE
* * * * * * *
Sec. 1208. (a) The Secretary shall create an insurance fund
in the Treasury to enable him to carry out the provisions of
this title. Moneys appropriated by Congress to carry out the
provisions of this title and all moneys received from premiums,
salvage, or other recoveries and all receipts in connection
with this title shall be deposited in the Treasury to the
credit of such fund. [Payments of return premiums, losses,
settlements, judgments, and all liabilities incurred by the
United States under this title shall be made from such fund
through the Division of Disbursement, Treasury Department.] The
Secretary of Transportation may request the Secretary of the
Treasury to invest such portion of the Fund as is not, in the
judgment of the Secretary of Transportation, required to meet
the current needs of the fund. Such investments shall be made
by the Secretary of the Treasury in public debt securities of
the United States, with maturities suitable to the needs of the
fund, and bearing interest rates determined by the Secretary of
the Treasury, taking into consideration current market yields
on outstanding marketable obligations of the United States of
comparable maturity. Upon the request of the Secretary of
Transportation, the Secretary of the Treasury may invest or
reinvest all or any part of the fund in securities of the
United States or in securities guaranteed as to principal and
interest by the United States. The interest and benefits
accruing from such securities shall be deposited to the credit
of the fund.
* * * * * * *
Sec. 1214. The authority of the Secretary to provide
insurance and reinsurance under this title shall expire [June
30, 2005] December 31, 2010.
TITLE XIII--MARITIME EDUCATION AND TRAINING
* * * * * * *
Sec. 1303. (a) * * *
* * * * * * *
(j) Limitation on Charges and Fees for Attendance.--
(1) Except as provided in paragraph (2), no charge
or fee for tuition, room, or board for attendance at
the Academy may be imposed unless the charge or fee is
specifically authorized by a law enacted after October
5, 1994.
(2)The prohibition specified in paragraph (1) does
not apply with respect to any item or service provided
to cadets for which a charge or fee is imposed as of
October 5, 1994. The Secretary of Transportation shall
notify Congress of any change made by the Academy in
the amount of a charge or fee authorized under this
paragraph.
* * * * * * *
----------
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1995
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
* * * * * * *
Subtitle E--Civilian Employees
* * * * * * *
SEC. 349. UNIFORM HEALTH BENEFITS PROGRAM FOR EMPLOYEES OF THE
DEPARTMENT OF DEFENSE ASSIGNED TO NONAPPROPRIATED
FUND INSTRUMENTALITIES.
(a) * * *
* * * * * * *
(c) Treatment of Program as Federal Health Benefit
Program.--(1) No State tax, fee, other monetary payment, or
State health plan requirement, may be imposed, directly or
indirectly, on the Nonappropriated Fund Uniform Health Benefits
Program of the Department of Defense, or on a carrier or an
underwriting or plan administration contractor of the Program,
to the same extent as such prohibition applies to the health
insurance program authorized by chapter 89 of title 5, United
States Code, under section 8909(f) of such title.
(2) Paragraph (1) shall not be construed to exempt the
Nonappropriated Fund Uniform Health Benefits Program of the
Department of Defense, or any carrier or underwriting or plan
administration contractor of the Program from the imposition,
payment, or collection of a tax, fee, or other monetary payment
on the net income or profit accruing to, or realized by, the
Program or by such carrier or contractor from business
conducted under the Program, so long as the tax, fee, or
payment is applicable to a broad range of business activity.
(3) In this section, the term ``State'' means each of the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any political subdivision or other non-Federal authority
thereof.
* * * * * * *
TITLE V--MILITARY PERSONNEL POLICY
* * * * * * *
Subtitle E--Other Matters
* * * * * * *
[SEC. 553. PROHIBITION ON IMPOSITION OF ADDITIONAL CHARGES OR FEES FOR
ATTENDANCE AT CERTAIN ACADEMIES.
[(a) Prohibition.--Except as provided in subsection (b), no
charge or fee for tuition, room, or board for attendance at an
academy named in subsection (c) may be imposed unless the
charge or fee is specifically authorized by a law enacted after
the date of the enactment of this Act.
[(b) Exception.--The prohibition specified in subsection
(a) shall not apply with respect to any item or service
provided to cadets or midshipmen at an academy named in
subsection (c) for which a charge or fee is imposed as of the
date of the enactment of this Act.
[(c) Covered Academies.--This section applies to the
following:
[(1) The United States Military Academy.
[(2) The United States Naval Academy.
[(3) The United States Air Force Academy.
[(4) The United States Coast Guard Academy.
[(5) The United States Merchant Marine Academy.]
* * * * * * *
TITLE XV--ARMS CONTROL MATTERS
* * * * * * *
SEC. 1504. AMOUNTS FOR COUNTERPROLIFERATION ACTIVITIES.
(a) * * *
* * * * * * *
(e) Use of Funds for Technology Development.--(1) * * *
* * * * * * *
(3)(A) [The training program referred to in paragraph
(1)(B) is a] The Secretary of Defense may participate in a
training program carried out jointly by the Secretary of
Defense and the Director of the Federal Bureau of Investigation
in order to expand and improve United States efforts to deter
the possible proliferation and acquisition of weapons of mass
destruction by organized crime organizations in Eastern Europe,
the Baltic countries, and states of the former Soviet Union,
and in other countries in which, as determined by the Secretary
of Defense, there exists a significant threat of such
proliferation and acquisition.
* * * * * * *
TITLE XXVIII--GENERAL PROVISIONS
* * * * * * *
Subtitle B--Defense Base Closure and Realignment
* * * * * * *
SEC. 2814. GOVERNMENT RENTAL OF FACILITIES LOCATED ON CLOSED MILITARY
INSTALLATIONS.
(a) * * *
[(b) Base Closure Law Defined.--For purposes of this
section, the term ``base closure law'' means each of the
following:
[(1) 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).
[(2) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).]
(b) Base Closure Law Defined.--In this section, the term
``base closure law'' has the meaning given such term in section
101(a)(17) of title 10, United States Code.
* * * * * * *
----------
STROM THURMOND NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1999
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
* * * * * * *
Subtitle E--Other Matters
* * * * * * *
SEC. 142. ALTERNATIVE TECHNOLOGIES FOR DESTRUCTION OF ASSEMBLED
CHEMICAL WEAPONS.
[(a) Program Management.--The program manager for the
Assembled Chemical Weapons Assessment shall continue to manage
the development and testing (including demonstration and pilot-
scale testing) of technologies for the destruction of lethal
chemical munitions that are potential or demonstrated
alternatives to the baseline incineration program. In
performing such management, the program manager shall act
independently of the program manager for Chemical
Demilitarization and shall report to the Under Secretary of
Defense for Acquisition and Technology.
[(b) Post-Demonstration Activities.--(1) The program
manager for the Assembled Chemical Weapons Assessment may carry
out those activities necessary to ensure that an alternative
technology for the destruction of lethal chemical munitions can
be implemented immediately after--
[(A) the technology has been demonstrated to be
successful; and
[(B) the Under Secretary of Defense for Acquisition
and Technology has submitted a report on the
demonstration to Congress that includes a decision to
proceed with the pilot-scale facility phase for an
alternative technology.
[(2) To prepare for the immediate implementation of any
such technology, the program manager may, during fiscal years
1998 and 1999, take the following actions:
[(A) Establish program requirements.
[(B) Prepare procurement documentation.
[(C) Develop environmental documentation.
[(D) Identify and prepare to meet public outreach
and public participation requirements.
[(E) Prepare to award a contract for the design,
construction, and operation of a pilot facility for the
technology to the provider team for the technology not
later than December 30, 1999.
[(c) Independent Evaluation.--The Under Secretary of
Defense for Acquisition and Technology shall provide for an
independent evaluation of the cost and schedule of the
Assembled Chemical Weapons Assessment, which shall be performed
and submitted to the Under Secretary not later than September
30, 1999. The evaluation shall be performed by a
nongovernmental organization qualified to make such an
evaluation.
[(d) Pilot Facilities Contracts.--(1) The Under Secretary
of Defense for Acquisition and Technology shall determine
whether to proceed with pilot-scale testing of a technology
referred to in paragraph (2) in time to award a contract for
the design, construction, and operation of a pilot facility for
the technology to the provider team for the technology not
later than December 30, 1999. If the Under Secretary determines
to proceed with such testing, the Under Secretary shall
(exercising the acquisition authority of the Secretary of
Defense) so award a contract not later than such date.
[(2) Paragraph (1) applies to an alternative technology for
the destruction of lethal chemical munitions, other than
incineration, that the Under Secretary--
[(A) certifies in writing to Congress is--
[(i) as safe and cost effective for
disposing of assembled chemical munitions as is
incineration of such munitions; and
[(ii) is capable of completing the
destruction of such munitions on or before the
later of the date by which the destruction of
the munitions would be completed if
incineration were used or the deadline date for
completing the destruction of the munitions
under the Chemical Weapons Convention; and
[(B) determines as satisfying the Federal and State
environmental and safety laws that are applicable to
the use of the technology and to the design,
construction, and operation of a pilot facility for use
of the technology.
[(3) The Under Secretary shall consult with the National
Research Council in making determinations and certifications
for the purpose of paragraph (2).
[(4) In this subsection, the term ``Chemical Weapons
Convention'' means the Convention on the Prohibition of
Development, Production, Stockpiling and Use of Chemical
Weapons and on their Destruction, opened for signature on
January 13, 1993, together with related annexes and associated
documents.
[(e) Plan for Pilot Program.--If the Secretary of Defense
proceeds with a pilot program under section 152(f) of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 214; 50 U.S.C. 1521 note), the Secretary
shall prepare a plan for the pilot program and shall submit to
Congress a report on such plan (including information on the
cost of, and schedule for, implementing the pilot program).
[(f) Funding.--(1) Of the amount authorized to be
appropriated under section 107, funds shall be available for
the program manager for the Assembled Chemical Weapons
Assessment for the following:
[(A) Demonstrations of alternative technologies
under the Assembled Chemical Weapons Assessment.
[(B) Planning and preparation to proceed from
demonstration of an alternative technology immediately
into the development of a pilot-scale facility for the
technology, including planning and preparation for--
[(i) continued development of the
technology leading to deployment of the
technology for use;
[(ii) satisfaction of requirements for
environmental permits;
[(iii) demonstration, testing, and
evaluation;
[(iv) initiation of actions to design a
pilot plant;
[(v) provision of support at the field
office or depot level for deployment of the
technology for use; and
[(vi) educational outreach to the public to
engender support for the deployment.
[(C) The independent evaluation of cost and
schedule required under subsection (c).
[(2) Funds authorized to be appropriated under section
107(1) are authorized to be used for awarding contracts in
accordance with subsection (d) and for taking any other action
authorized in this section.
[(g) Assembled Chemical Weapons Assessment Defined.--In
this section, the term ``Assembled Chemical Weapons
Assessment'' means the pilot program carried out under section
8065 of the Department of Defense Appropriations Act, 1997
(section 101(b) of Public Law 104-208; 110 Stat. 3009-101; 50
U.S.C. 1521 note).]
(a) Program Management.--(1) The program manager for the
Assembled Chemical Weapons Alternatives program shall report to
the Secretary of the Army.
(2) The Secretary of the Army shall provide for that
program to be managed as part of the management organization
within the Department of the Army specified in section 1412(e)
of Public Law 99-145 (50 U.S.C. 1521(e)).
(b) Continued Implementation of Previously Selected
Alternative Technologies.--(1) In carrying out the destruction
of lethal chemical munitions at Pueblo Chemical Depot,
Colorado, the Secretary of the Army shall continue to implement
fully the alternative technology for such destruction at that
depot selected by the Under Secretary of Defense for
Acquisition, Technology, and Logistics on July 16, 2002.
(2) In carrying out the destruction of lethal chemical
munitions at Blue Grass Army Depot, Kentucky, the Secretary of
the Army shall continue to implement fully the alternative
technology for such destruction at that depot selected by the
Under Secretary of Defense for Acquisition, Technology, and
Logistics on February 3, 2003.
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
* * * * * * *
Subtitle F--Commissaries and Nonappropriated Fund Instrumentalities
* * * * * * *
[SEC. 367. PROHIBITION ON CONSOLIDATION OR OTHER ORGANIZATIONAL CHANGES
OF DEPARTMENT OF DEFENSE RETAIL SYSTEMS.
[(a) Defense Retail Systems Defined.--For purposes of this
section, the term ``defense retail systems'' means the defense
commissary system and exchange stores and other revenue-
generating facilities operated by nonappropriated fund
activities of the Department of Defense for the morale,
welfare, and recreation of members of the Armed Forces.
[(b) Prohibition.--The operation and administration of the
defense retail systems may not be consolidated or otherwise
merged unless the consolidation or merger is specifically
authorized by a law enacted after the date of the enactment of
this Act.
[(c) Effect on Existing Study.--Nothing in this section
shall be construed to prohibit the study of defense retail
systems, known as the ``Joint Exchange Due Diligence Study'',
which is underway on the date of the enactment of this Act
pursuant to a contract awarded by the Department of the Navy on
April 21, 1998, except that any recommendation contained in the
completed study regarding the operation or administration of
the defense retail systems may not be implemented unless
implementation of the recommendation is specifically authorized
by a law enacted after the date of the enactment of this Act.]
* * * * * * *
TITLE V--MILITARY PERSONNEL POLICY
* * * * * * *
Subtitle G--Other Matters
* * * * * * *
SEC. 571. PILOT PROGRAM FOR TREATING GED AND HOME SCHOOL DIPLOMA
RECIPIENTS AS HIGH SCHOOL GRADUATES FOR
DETERMINATIONS OF ELIGIBILITY FOR ENLISTMENT IN THE
ARMED FORCES.
(a) * * *
* * * * * * *
[(e) Duration of Pilot Program.--The pilot program shall be
in effect during the period beginning on October 1, 1998, and
ending on September 30, 2003.]
(e) Duration of Pilot Program.--The pilot program shall be
in effect during the period beginning on October 1, 2004, and
ending on September 30, 2005.
* * * * * * *
TITLE XII--MATTERS RELATING TO OTHER NATIONS
* * * * * * *
Subtitle D--Other Matters
* * * * * * *
SEC. 1237. APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL EMERGENCY
ECONOMIC POWERS ACT TO COMMUNIST CHINESE MILITARY
COMPANIES.
(a) * * *
(b) Determination and Reporting of Communist Chinese
Military Companies Operating in United States.--
(1) * * *
* * * * * * *
(4) Communist chinese military company.--For
purposes of making the determination required by
paragraph (1) and of carrying out paragraph (2), the
term ``Communist Chinese military company'' means--
(A) * * *
(B) any other person that--
(i) is owned or controlled by the
People's Liberation Army, by a ministry
of the government of the People's
Republic of China, or by an entity
affiliated with the defense industrial
base of the People's Republic of China;
and
* * * * * * *
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
* * * * * * *
SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN NATIONAL
DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to subsection (c), the
President shall dispose of materials contained in the National
Defense Stockpile and specified in the table in subsection (b)
so as to result in receipts to the United States in total
amounts not less than--
(1) * * *
* * * * * * *
[(4) $760,000,000 by the end of fiscal year 2005;
and
[(5) $770,000,000 by the end of fiscal year 2011.]
(4) $785,000,000 by the end of fiscal year 2005;
and
(5) $870,000,000 by the end of fiscal year 2009.
* * * * * * *
----------
SECTION 8120 OF THE DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2000
[Sec. 8120. During the current fiscal year and hereafter,
any Federal grant of funds to an institution of higher
education to be available solely for student financial
assistance or related administrative costs may be used for the
purpose for which the grant is made without regard to any
provision to the contrary in section 514 of the Departments of
Labor, Health and Human Services, Education, and Related
Agencies Appropriations Act, 1997 (10 U.S.C. 503 note), or
section 983 of title 10, United States Code.]
----------
DEFENSE BASE CLOSURE AND REALIGNMENT ACT OF 1990
* * * * * * *
TITLE XXIX--DEFENSE BASE CLOSURES AND REALIGNMENTS
Part A--Defense Base Closure and Realignment Commission
SEC. 2901. SHORT TITLE AND PURPOSE
(a) Short Title.--This part may be cited as the ``Defense
Base Closure and Realignment Act of 1990''.
* * * * * * *
SEC. 2902. THE COMMISSION
(a) * * *
* * * * * * *
(e) Meetings.--(1) * * *
(2)(A) * * *
(B) All the proceedings, information, and deliberations of
the Commission shall be open, upon request, to the following:
(i) The Chairman and the ranking minority party
member of the [Subcommittee on Readiness,
Sustainability, and Support] Subcommittee on Readiness
and Management Support of the Committee on Armed
Services of the Senate, or such other members of the
Subcommittee designated by such Chairman or ranking
minority party member.
(ii) The Chairman and the ranking minority party
member of the [Subcommittee on Military Installations
and Facilities] Subcommittee on Readiness of the
Committee on Armed Services of the House of
Representatives, or such other members of the
Subcommittee designated by such Chairman or ranking
minority party member.
* * * * * * *
SEC. 2904. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS
(a) In General.--Subject to subsection (b), the Secretary
shall--
(1) * * *
* * * * * * *
(3) carry out the privatization in place of a
military installation recommended for closure or
realignment by the Commission [in the 2005 report] in a
report submitted after 2001 only if privatization in
place is a method of closure or realignment of the
military installation specified in the recommendations
of the Commission in such report and is determined by
the Commission to be the most cost-effective method of
implementation of the recommendation;
* * * * * * *
SEC. 2906. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990
(a) * * *
* * * * * * *
(e) Account Exclusive Source of Funds for Environmental
Restoration Projects.--Except as provided in section 2906A(e)
with respect to funds in the Department of Defense Base Closure
Account [2005] 2007 under section 2906A and except for funds
deposited into the Account under subsection (a), funds
appropriated to the Department of Defense may not be used for
purposes described in section 2905(a)(1)(C). The prohibition in
this subsection shall expire upon the closure of the Account
under subsection (a)(3).
SEC. 2906A. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT [2005] 2007.
(a) In General.--(1) If the Secretary makes the
certifications required under section 2912(b), there shall be
established on the books of the Treasury an account to be known
as the ``Department of Defense Base Closure Account [2005]
2007'' (in this section referred to as the ``Account''). The
Account shall be administered by the Secretary as a single
account.
(2) There shall be deposited into the Account--
(A) * * *
* * * * * * *
(C) except as provided in subsection (d), proceeds
received from the lease, transfer, or disposal of any
property at a military installation that is closed or
realigned under this part pursuant to a closure or
realignment the date of approval of which is after
January 1, [2005] 2007.
* * * * * * *
(b) Use of Funds.--(1) The Secretary may use the funds in
the Account only for the purposes described in section 2905
with respect to military installations the date of approval of
closure or realignment of which is after January 1, [2005]
2007.
* * * * * * *
(c) Reports.--(1) * * *
(2) No later than 60 days after the termination of the
authority of the Secretary to carry out a closure or
realignment under this part with respect to military
installations the date of approval of closure or realignment of
which is after January 1, [2005] 2007, and no later than 60
days after the closure of the Account under subsection (a)(3),
the Secretary shall transmit to the congressional defense
committees a report containing an accounting of--
(A) * * *
* * * * * * *
(d) Disposal or Transfer of Commissary Stores and Property
Purchased With Nonappropriated Funds.--(1) If any real property
or facility acquired, constructed, or improved (in whole or in
part) with commissary store funds or nonappropriated funds is
transferred or disposed of in connection with the closure or
realignment of a military installation under this part the date
of approval of closure or realignment of which is after January
1, [2005] 2007, a portion of the proceeds of the transfer or
other disposal of property on that installation shall be
deposited in the reserve account established under section
204(b)(7)(C) of the Defense Authorization Amendments and Base
Closure and Realignment Act (10 U.S.C. 2687 note).
* * * * * * *
SEC. 2909. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY
(a) In General.--Except as provided in subsection (c),
during the period beginning on November 5, 1990, and ending on
April 15, [2006] 2008, this part shall be the exclusive
authority for selecting for closure or realignment, or for
carrying out any closure or realignment of, a military
installation inside the United States.
* * * * * * *
SEC. 2912. [2005] 2007 ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY
INSTALLATIONS.
(a) Force-Structure Plan and Infrastructure Inventory.--
(1) Preparation and submission.--As part of the
budget justification documents submitted to Congress in
support of the budget for the Department of Defense for
fiscal year [2005] 2007, the Secretary shall include
the following:
(A) A force-structure plan for the Armed
Forces based on an assessment by the Secretary
of the probable threats to the national
security during the 20-year period beginning
with fiscal year [2005] 2007, the probable end-
strength levels and major military force units
(including land force divisions, carrier and
other major combatant vessels, air wings, and
other comparable units) needed to meet these
threats, and the anticipated levels of funding
that will be available for national defense
purposes during such period.
* * * * * * *
(4) Revision.--The Secretary may revise the force-
structure plan and infrastructure inventory. If the
Secretary makes such a revision, the Secretary shall
submit the revised plan or inventory to Congress as
part of the budget justification documents submitted to
Congress for fiscal year 2006.
(b) Certification of Need for Further Closures and
Realignments.--
(1) Certification required.--On the basis of the
force-structure plan and infrastructure inventory
prepared under subsection (a) for fiscal year 2007 and
the descriptions and economic analysis prepared under
such subsection, the Secretary shall include as part of
the submission of the plan and inventory--
(A) * * *
* * * * * * *
(2) Effect of failure to certify.--If the Secretary
does not include the certifications referred to in
paragraph (1), the process by which military
installations may be selected for closure or
realignment under this part [in 2005] under section
2914 shall be terminated.
(c) Comptroller General Evaluation.--
(1) Evaluation required.--If the certification is
provided under subsection (b), the Comptroller General
shall prepare an evaluation of the following:
(A) The force-structure plan and
infrastructure inventory prepared under
subsection (a) and the final selection
[criteria prepared under section 2913] criteria
specified in section 2913, including an
evaluation of the accuracy and analytical
sufficiency of such plan, inventory, and
criteria.
* * * * * * *
(d) Authorization of Additional Round; Commission.--
(1) Appointment of commission.--Subject to the
certifications required under subsection (b), the
President may commence an additional round for the
selection of military installations for closure and
realignment under this part [in 2005] under section
2914 by transmitting to the Senate, not later than
March 15, [2005] 2007, nominations pursuant to section
2902(c) for the appointment of new members to the
Defense Base Closure and Realignment Commission.
(2) Effect of failure to nominate.--If the
President does not transmit to the Senate the
nominations for the Commission by March 15, [2005]
2007, the process by which military installations may
be selected for closure or realignment under this part
[in 2005] under section 2914 shall be terminated.
* * * * * * *
(4) Terms; meetings; termination.--Notwithstanding
subsections (d), (e)(1), and (l) of section 2902, the
Commission appointed under the authority of this
subsection shall meet during [calendar year 2005 and
shall terminate on April 15, 2006] calendar year 2007
and shall terminate on April 15, 2008.
(5) Funding.--If no funds are appropriated to the
Commission by the end of the [second session of the
108th Congress for the activities of the Commission in
2005] second session of the 109th Congress for the
activities of the Commission under section 2914, the
Secretary may transfer to the Commission for purposes
of its activities under this part in that year such
funds as the Commission may require to carry out such
activities. The Secretary may transfer funds under the
preceding sentence from any funds available to the
Secretary. Funds so transferred shall remain available
to the Commission for such purposes until expended.
(e) Infrastructure-Related Reports.--
(1) Required reports.--The Secretary shall prepare
the following reports related to infrastructure
requirements for the Armed Forces:
(A) A report containing the Integrated
Global Presence and Basing Strategy of the
Department of Defense, including the location
of long-term overseas installations,
installations to be used for rotational
purposes, and forward operating locations,
anticipated rotational plans and policies, and
domestic and overseas infrastructure
requirements associated with the strategy.
(B) A report describing the anticipated
infrastructure requirements associated with the
probable end-strength levels and major military
force units (including land force divisions,
carrier and other major combatant vessels, air
wings, and other comparable units) for each of
the Armed Forces resulting from force
transformation.
(C) A report describing the anticipated
infrastructure requirements related to expected
changes in the active component versus reserve
component personnel mix of the Armed Forces.
(D) A report describing the anticipated
infrastructure requirements associated with the
so-called ``10-30-30 objective'' of the
Secretary to ensure that military forces are
capable of deployment overseas within 10 days
in sufficient strength to defeat an enemy
within 30 days and be ready for redeployment
within 30 days after the end of combat
operations.
(E) A report containing the results of a
complete reassessment of the infrastructure
necessary to support the force structure
described in the force-structure plan prepared
under paragraph (1) of subsection (a) and
describing any resulting excess infrastructure
and infrastructure capacity, which were
previously required by paragraph (2) of such
subsection. The reassessment shall be based on
actual infrastructure, facility, and space
requirements for the Armed Forces rather than a
comparative study between 1989 and 2003.
(F) A report describing the anticipated
infrastructure requirements associated with the
assessment prepared by the Secretary pursuant
to section 2822 of the National Defense
Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 117 Stat. 1726), in which Congress
required the Secretary to assess the probable
threats to national security and determine the
potential, prudent, surge requirements for the
Armed Forces and military installations to meet
those threats.
(2) Time for submission of reports.--The reports
required by paragraph (1) shall be submitted to the
congressional defense committees only during the period
beginning on January 1, 2006, and ending on March 15,
2006.
(3) Termination of round for failure to submit
reports as required.--If the reports required by
paragraph (1) are not submitted during the period
specified in paragraph (2), the process for the making
of recommendations to the Congress for the closure or
realignment of military installations and the selection
of installations for closure or realignment under this
part in 2007 shall be terminated.
[SEC. 2913. SELECTION CRITERIA FOR 2005 ROUND.
[(a) Preparation of Proposed Selection Criteria.--
[(1) In general.--Not later than December 31, 2003,
the Secretary shall publish in the Federal Register and
transmit to the congressional defense committees the
criteria proposed to be used by the Secretary in making
recommendations for the closure or realignment of
military installations inside the United States under
this part in 2005.
[(2) Public comment.--The Secretary shall provide
an opportunity for public comment on the proposed
criteria for a period of at least 30 days and shall
include notice of that opportunity in the publication
required under this subsection.
[(b) Military Value as Primary Consideration.--The
selection criteria prepared by the Secretary shall ensure that
military value is the primary consideration in the making of
recommendations for the closure or realignment of military
installations under this part in 2005. Military value shall
include at a minimum the following:
[(1) Preservation of training areas suitable for
maneuver by ground, naval, or air forces to guarantee
future availability of such areas to ensure the
readiness of the Armed Forces.
[(2) Preservation of military installations in the
United States as staging areas for the use of the Armed
Forces in homeland defense missions.
[(3) Preservation of military installations
throughout a diversity of climate and terrain areas in
the United States for training purposes.
[(4) The impact on joint warfighting, training, and
readiness.
[(5) Contingency, mobilization, and future total
force requirements at both existing and potential
receiving locations to support operations and training.
[(c) Special Considerations.--The selection criteria for
military installations shall also address at a minimum the
following:
[(1) The extent and timing of potential costs and
savings, including the number of years, beginning with
the date of completion of the closure or realignment,
for the savings to exceed the costs.
[(2) The economic impact on existing communities in
the vicinity of military installations.
[(3) The ability of both existing and potential
receiving communities' infrastructure to support
forces, missions, and personnel.
[(4) The impact of costs related to potential
environmental restoration, waste management, and
environmental compliance activities.
[(d) Effect on Department and Other Agency Costs.--Any
selection criteria proposed by the Secretary relating to the
cost savings or return on investment from the proposed closure
or realignment of military installations shall take into
account the effect of the proposed closure or realignment on
the costs of any other activity of the Department of Defense or
any other Federal agency that may be required to assume
responsibility for activities at the military installations.
[(e) Final Selection Criteria.--Not later than February 16,
2004, the Secretary shall publish in the Federal Register and
transmit to the congressional defense committees the final
criteria to be used in making recommendations for the closure
or realignment of military installations inside the United
States under this part in 2005. Such criteria shall be the
final criteria to be used, along with the force-structure plan
and infrastructure inventory referred to in section 2912, in
making such recommendations unless disapproved by an Act of
Congress enacted on or before March 15, 2004.
[(f) Relation to Criteria for Earlier Rounds.--Section
2903(b), and the selection criteria prepared under such
section, shall not apply with respect to the process of making
recommendations for the closure or realignment of military
installations in 2005.]
SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL ROUND OF BASE
CLOSURES AND REALIGNMENTS.
(a) Final Selection Criteria.--The final criteria to be
used by the Secretary in making recommendations for the closure
or realignment of military installations inside the United
States under this part in any additional round of base closures
and realignments are as follows:
(1) The current and future mission requirements and
the impact on operational readiness of the total force
of the Department of Defense, including the impact on
joint warfighting, training, readiness, and research,
development, test, and evaluation of weapons systems
and equipment.
(2) The availability and condition of land,
facilities, infrastructure, and associated air and
water space (including preservation of training areas
suitable for maneuver by ground, naval, or air forces
throughout a diversity of climate and terrain areas,
the preservation of testing ranges able to accommodate
current or future military weapons systems and
equipment, and the preservation of staging areas for
the use of the Armed Forces in homeland defense
missions) at both existing and potential receiving
locations.
(3) The ability to accommodate contingency,
mobilization, and future total force requirements at
both existing and potential receiving locations to
support operations, training, maintenance, and repair.
(4) Preservation of land, air, and water space,
facilities, and infrastructure necessary to support
training and operations of military forces determined
to be surge requirements by the Secretary of Defense,
as required by section 2822 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 117 Stat. 1726).
(5) The extent and timing of potential costs and
savings of base realignment and closure actions on the
entire Federal budget, as well as the Department of
Defense, including the number of years, beginning with
the date of completion of the closure or realignment,
for the savings to exceed the costs. Costs shall
include those costs related to potential environmental
restoration, waste management, and environmental
compliance activities.
(6) The economic impact on existing communities in
the vicinity of military installations.
(7) The ability of the infrastructure of both the
existing and potential receiving communities to support
forces, missions, and personnel, including quality of
living standards for members of the Armed Forces and
their dependents.
(8) The environmental impact on receiving
locations.
(b) Priority Given to Military Value.--In recommending
military installations for closure or realignment, the
Secretary shall give priority consideration to the first four
criteria specified in subsection (a).
(c) Relation to Other Materials.--The final selection
criteria specified in subsection (a) shall be the only criteria
to be used, along with the force-structure plan and
infrastructure inventory referred to in section 2912, in making
recommendations for the closure or realignment of military
installations inside the United States under this part after
December 31, 2003.
(d) Relation to Criteria for Earlier Rounds.--Section
2903(b), and the selection criteria prepared under such
section, shall not apply with respect to the process of making
recommendations for the closure or realignment of military
installations after December 31, 2003.
SEC. 2914. SPECIAL PROCEDURES FOR MAKING RECOMMENDATIONS FOR
REALIGNMENTS AND CLOSURES FOR [2005] 2007 ROUND;
COMMISSION CONSIDERATION OF RECOMMENDATIONS.
(a) Recommendations Regarding Closure or Realignment of
Military Installations.--If the Secretary makes the
certifications required under section 2912(b), the Secretary
shall publish in the Federal Register and transmit to the
congressional defense committees and the Commission, not later
than May 16, [2005] 2007, a list of the military installations
inside the United States that the Secretary recommends for
closure or realignment on the basis of the force-structure plan
and infrastructure inventory prepared by the Secretary under
section 2912 and the final selection [criteria prepared by the
Secretary under section 2913] criteria specified in section
2913.
* * * * * * *
(d) Commission Review and Recommendations.--
(1) In general.--Except as provided in this
subsection, section 2903(d) shall apply to the
consideration by the Commission of the recommendations
transmitted by the Secretary in 2005. The Commission's
report containing its findings and conclusions, based
on a review and analysis of the Secretary's
recommendations, shall be transmitted to the President
not later than September 8, [2005] 2007.
(2) Availability of recommendations to congress.--
After September 8, [2005] 2007, the Commission shall
promptly provide, upon request, to any Member of
Congress information used by the Commission in making
its recommendations.
(3) Limitations on authority [to add] to consider
additions to closure or realignment lists.--The
Commission may not consider making a change in the
recommendations of the Secretary that would add a
military installation to the Secretary's list of
installations recommended for closure or realignment
unless, in addition to the requirements of section
2903(d)(2)(C)--
(A) * * *
* * * * * * *
[(5) Site visit.--In the report required under
section 2903(d)(2)(A) that is to be transmitted under
paragraph (1), the Commission may not recommend the
closure of a military installation not recommended for
closure by the Secretary under subsection (a) unless at
least two members of the Commission visit the
installation before the date of the transmittal of the
report.]
(5) Requirements to expand closure or realignment
recommendations.--In the report required under section
2903(d)(2)(A) that is to be transmitted under paragraph
(1), the Commission may not make a change in the
recommendations of the Secretary that would close a
military installation not recommended for closure by
the Secretary, would realign a military installation
not recommended for closure or realignment by the
Secretary, or would expand the extent of the
realignment of a military installation recommended for
realignment by the Secretary unless--
(A) at least two members of the Commission
visit the military installation before the date
of the transmittal of the report; and
(B) the decision of the Commission to make
the change to recommend the closure of the
military installation, the realignment of the
installation, or the expanded realignment of
the installation is unanimous.
(6) Comptroller general report.--The Comptroller
General report required by section 2903(d)(5)(B)
analyzing the recommendations of the Secretary and the
selection process [in 2005] under this section shall be
transmitted to the congressional defense committees not
later than July 1, [2005] 2007.
(e) Review by the President.--
(1) In general.--Except as provided in this
subsection, section 2903(e) shall apply to the review
by the President of the recommendations of the
Commission under this section, and the actions, if any,
of the Commission in response to such review, [in 2005]
under this section. The President shall review the
recommendations of the Secretary and the
recommendations contained in the report of the
Commission under subsection (d) and prepare a report,
not later than September 23, [2005] 2007, containing
the President's approval or disapproval of the
Commission's recommendations.
(2) Commission reconsideration.--If the Commission
prepares a revised list of recommendations under
section 2903(e)(3) in 2005 in response to the review of
the President in that year under paragraph (1), the
Commission shall transmit the revised list to the
President not later than October 20, [2005] 2007.
(3) Effect of failure to transmit.--If the
President does not transmit to Congress an approval and
certification described in paragraph (2) or (4) of
section 2903(e) by November 7, [2005] 2007, the process
by which military installations may be selected for
closure or realignment under this part in [2005] 2007
shall be terminated.
* * * * * * *
SEC. 2915. ADHERENCE TO CERTAIN AUTHORITIES ON PRESERVATION OF MILITARY
DEPOT CAPABILITIES DURING ANY SUBSEQUENT ROUND OF
BASE CLOSURES AND REALIGNMENTS.
(a) Adherence Required.--(1) Any base closure and
realignment actions under section 2914 or subsequent round of
base closure and realignment, and any actions to carry out the
closure or realignment of military installations as a result of
such actions, shall reflect a strict adherence to the
provisions of title 10, United States Code, for the maintenance
of government-owned, government-operated depot-level
maintenance, repair, and logistics capabilities within the
Department of Defense, including the provisions of chapter 146
of such title and other applicable provisions.
(2) No action to carry out the closure or realignment of
military installations in any base closures and realignments
under this part after the date of the enactment of this section
may include a waiver authorized by paragraph (2) or (3) of
section 2464(b) or section 2466(b) of title 10, United States
Code.
(b) Base Closure and Realignment Actions Defined.--In this
section, the term ``base closure and realignment actions''
means the following:
(1) The preparation by the Secretary of Defense of
recommendations on installations for closure or
realignment under this part or any subsequent base
closure law.
(2) The review by the Commission of the
recommendations referred to in paragraph (1).
(3) The review by the President of the
recommendations referred to in paragraphs (1) and (2).
* * * * * * *
----------
NATIONAL SECURITY ACT OF 1947
* * * * * * *
TITLE VII--PROTECTION OF OPERATIONAL FILES
* * * * * * *
OPERATIONAL FILES OF THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
Sec. 702. (a) Exemption of Certain Operational Files From
Search, Review, Publication, or Disclosure.--(1) * * *
* * * * * * *
(6)(A) * * *
(B) Judicial review shall not be available in the manner
provided for under subparagraph (A) as follows:
(i) * * *
* * * * * * *
(iv)(I) When a complainant alleges that requested
records were improperly withheld because of improper
exemption of operational files, NGA shall meet its
burden under section 552(a)(4)(B) of title 5, United
States Code, by demonstrating to the court by sworn
written submission that exempted operational files
likely to contain [responsible records] responsive
records currently perform the functions set forth in
paragraph (2).
* * * * * * *
OPERATIONAL FILES OF THE NATIONAL RECONNAISSANCE OFFICE
Sec. 703. (a) Exemption of Certain Operational Files From
Search, Review, Publication, or Disclosure.--(1) * * *
* * * * * * *
(6)(A) * * *
(B) Judicial review shall not be available in the manner
provided for under subparagraph (A) as follows:
(i) * * *
* * * * * * *
(iv)(I) When a complainant alleges that requested
records were improperly withheld because of improper
exemption of operational files, NRO shall meet its
burden under section 552(a)(4)(B) of title 5, United
States Code, by demonstrating to the court by sworn
written submission that exempted operational files
likely to contain [responsible records] responsive
records currently perform the functions set forth in
paragraph (2).
* * * * * * *
OPERATIONAL FILES OF THE NATIONAL SECURITY AGENCY
Sec. 704. (a) * * *
* * * * * * *
(f) Allegation; Improper Withholding of Records; Judicial
Review.--(1) * * *
(2) Judicial review shall not be available in the manner
provided for under paragraph (1) as follows:
(A) * * *
* * * * * * *
(D)(i) When a complainant alleges that requested
records were improperly withheld because of improper
exemption of operational files, the National Security
Agency shall meet its burden under section 552(a)(4)(B)
of title 5, United States Code, by demonstrating to the
court by sworn written submission that exempted
operational files likely to contain [responsible
records] responsive records currently perform the
functions set forth in subsection (b).
* * * * * * *
----------
ARMS EXPORT CONTROL ACT
* * * * * * *
Chapter 2.--FOREIGN MILITARY SALES AUTHORIZATIONS
* * * * * * *
Sec. 27. Authority of President to Enter into Cooperative
Projects with Friendly Foreign Countries.--(a) * * *
* * * * * * *
[(g) In the case of a cooperative project with a North
Atlantic Treaty Organization country, section 36(b) of this Act
shall not apply to sales made under section 21 or 22 of this
Act and to production and exports made pursuant to cooperative
projects under this section, and section 36(c) of this Act
shall not apply to the issuance of licenses or other approvals
under section 38 of this Act, if such sales are made, such
production and exports ensue, or such licenses or approvals are
issued, as part of a cooperative project.]
(g) Unless the President states in his certification that
an emergency exists which requires the immediate approval of
the cooperative agreement in the national security interests of
the United States (in which case the President shall set forth
in the certification a justification for this determination),
an agreement shall not be signed if, within the 30-day period
specified in subsection (f), a joint resolution prohibiting the
agreement is enacted into law.
* * * * * * *
(k) A license shall be required for the export of defense
articles or defense services relating to a cooperative project
by any person required to be registered under section
38(b)(1)(A)(i) whenever such export is made pursuant to, or in
furtherance of, a private contract, purchase order, or similar
commercial arrangement with a foreign corporation.
* * * * * * *
Chapter 3.--MILITARY EXPORT CONTROLS
* * * * * * *
Sec. 38. Control of Arms Exports and Imports.--(a) * * *
(b)(1) * * *
[(2) Except] (2)(A) Except as otherwise specifically
provided in regulations issued under subsection (a)(1), no
defense articles or defense services designated by the
President under subsection (a)(1) may be exported or imported
without a license for such export or import, issued in
accordance with this Act and regulations issued under this Act,
except that no license shall be required for exports or imports
made by or for an agency of the United States Government [(A)
for official] (i) for official use by a department or agency of
the United States Government, or [(B) for carrying out] (ii)
for carrying out any foreign assistance or sales program
authorized by law and subject to the control of the President
by other means.
(B) The President may not establish an exemption in
regulation or otherwise from the license requirements of this
section for the export of a defense article that is significant
military equipment (other than a firearm that is intended for
personal use).
* * * * * * *
Chapter 4.--GENERAL, ADMINISTRATIVE, AND MISCELLANEOUS PROVISIONS
* * * * * * *
Sec. 47. Definitions.--For purposes of this Act, the term--
(1) * * *
* * * * * * *
(10) ``weapons of mass destruction'' has the meaning
provided by section 1403(1) of the Defense Against Weapons of
Mass Destruction Act of 1996 (title XIV of Public Law 104-201;
110 Stat. 2717; 50 U.S.C. 2302(1)); [and]
(11) ``Sales territory'' means a country or group of
countries to which a defense article or defense service is
authorized to be reexported[.];
(12) ``license'' means a document bearing the word license
issued by the United States Government agency charged with
implementing section 38 of this Act, which permits the export
or import of a defense article or defense service;
(13) ``agent'' means a representative or emissary of a
government other than an officer or employee of the government;
and
(14) ``exporting agent'' means a freight forwarder or other
consignee designated on a license application who is authorized
to act on behalf of and the control of the license applicant.
* * * * * * *
----------
SECTION 1424 OF THE DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION ACT OF
1996
SEC. 1424. INTERNATIONAL BORDER SECURITY.
(a) * * *
[(b) Funding.--Of the total amount authorized to be
appropriated by section 301, $15,000,000 is available for
carrying out the programs referred to in subsection (a).]
(b) Other Countries.--The Secretary of Defense may carry
out programs under subsection (a) in a country other than a
country specified in that subsection if the Secretary
determines that there exists in that country a significant
threat of the unauthorized transfer and transportation of
nuclear, biological, or chemical weapons or related materials.
* * * * * * *
----------
SECTION 4601 OF THE ATOMIC ENERGY DEFENSE ACT
SEC. 4601. AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC,
ENGINEERING, AND TECHNICAL PERSONNEL.
(a) * * *
* * * * * * *
(c) Termination.--(1) The authority provided under
subsection (a)(1) shall terminate on September 30, [2004] 2006.
* * * * * * *
----------
SECTION 2710 OF THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT,
2003
Sec. 2710. None of the funds in this Act or any other Act
may be obligated or expended to pay for transportation
described in section 41106 of title 49, United States Code, to
be performed by any air carrier that is not effectively
controlled by citizens of the United States: Provided, That for
purposes of implementing section 41106, an air carrier shall
not be considered to be effectively controlled by citizens of
the United States if the air carrier receives 50 percent or
more of its operating revenue over the most recent 3-year
period from a person not a citizen of the United States and
such person, directly or indirectly, either owns a voting
interest in the air carrier or is owned by an agency or
instrumentality of a foreign state: Provided further, That this
prohibition applies to transportation performed under any
contract awarded or re-awarded after the date of enactment of
this Act: Provided further, That when the Secretary of Defense
decides that no air carrier holding a certificate under section
41102 is capable of providing, and willing to provide, such
transportation, the Secretary of Defense may make a contract to
provide the transportation with an air carrier not having a
certificate: Provided further, That the Secretary of
Transportation is directed to use an Administrative Law Judge
in a formal proceeding to resolve docket number OST-2002-13089.
Any determination for purposes of this section of whether (in
accordance with the first proviso of this section) an air
carrier is effectively controlled by citizens of the United
States shall be made by, or shall be based on determinations
made by, the Secretary of Transportation.