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Pub.L. 107-108 To authorize appropriations for fiscal year 2002 for intelligence and ...

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Public Law 107-107
107th Congress

                                 An Act

To authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel strengths 
        for such fiscal year for the Armed Forces, and for other 
             purposes. <<NOTE: Dec. 28, 2001 -  [S. 1438]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: National Defense 
Authorization Act for Fiscal Year 2002.>> assembled,


    This Act may be cited as the ``National Defense Authorization Act 
for Fiscal Year 2002''.

    (a) Divisions.--This Act is organized into three divisions as 
            (1) Division A--Department of Defense Authorizations.
            (2) Division B--Military Construction Authorizations.
            (3) Division C--Department of Energy National Security 
        Authorizations and Other Authorizations.

    (b) Table of Contents.--The table of contents for this Act is as 

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.


                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical Agents and Munitions Destruction, Defense.
Sec. 107. Defense Health Program.

                        Subtitle B--Army Programs

Sec. 111. Repeal of limitations on bunker defeat munitions program.
Sec. 112. Extension of pilot program on sales of manufactured articles 
           and services of certain Army industrial facilities without 
           regard to availability from domestic sources.
Sec. 113. Limitations on acquisition of interim armored vehicles and 
           deployment of interim brigade combat teams.

                        Subtitle C--Navy Programs

Sec. 121. Virginia class submarine program.

[[Page 115 STAT. 1013]]

Sec. 122. Multiyear procurement authority for F/A-18E/F aircraft 
Sec. 123. V-22 Osprey aircraft program.
Sec. 124. Report on status of V-22 Osprey aircraft before resumption of 
           flight testing.

                     Subtitle D--Air Force Programs

Sec. 131. Multiyear procurement authority for C-17 aircraft.


               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Supplemental authorization of appropriations for fiscal year 
           2001 for research, development, test, and evaluation, 

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Naval surface fire support assessment.
Sec. 212. Collaborative program for development of advanced radar 
Sec. 213. Repeal of limitations on total cost of engineering and 
           manufacturing development for F-22 aircraft program.
Sec. 214. Joint biological defense program.
Sec. 215. Cooperative Department of Defense-Department of Veterans 
           Affairs medical research program.
Sec. 216. C-5 aircraft reliability enhancement and reengining program.

                  Subtitle C--Ballistic Missile Defense

Sec. 231. Transfer of responsibility for procurement for missile defense 
           programs from Ballistic Missile Defense Organization to 
           military departments.
Sec. 232. Program elements for Ballistic Missile Defense Organization.
Sec. 233. Support of ballistic missile defense activities of the 
           Department of Defense by the national defense laboratories of 
           the Department of Energy.
Sec. 234. Missile defense testing initiative.
Sec. 235. Construction of test bed facilities for missile defense 

    Subtitle D--Air Force Science and Technology for the 21st Century

Sec. 251. Short title.
Sec. 252. Science and technology investment and development planning.
Sec. 253. Study and report on effectiveness of Air Force science and 
           technology program changes.

                        Subtitle E--Other Matters

Sec. 261. Establishment of unmanned aerial vehicle joint operational 
           test bed system.
Sec. 262. Demonstration project to increase small business and 
           university participation in Office of Naval Research efforts 
           to extend benefits of science and technology research to 
Sec. 263. Communication of safety concerns from operational test and 
           evaluation officials to program managers.


               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Funds for renovation of Department of Veterans Affairs 
           facilities adjacent to Naval Training Center, Great Lakes, 
Sec. 306. Defense Language Institute Foreign Language Center expanded 
           Arabic language program.

                  Subtitle B--Environmental Provisions

Sec. 311. Inventory of unexploded ordnance, discarded military 
           munitions, and munitions constituents at defense sites (other 
           than operational ranges).
Sec. 312. Establishment of new program element for remediation of 
           unexploded ordnance, discarded military munitions, and 
           munitions constituents.
Sec. 313. Assessment of environmental remediation of unexploded 
           ordnance, discarded military munitions, and munitions 
Sec. 314. Conformity of surety authority under environmental restoration 
           program with surety authority under CERCLA.

[[Page 115 STAT. 1014]]

Sec. 315. Elimination of annual report on contractor reimbursement for 
           costs of environmental response actions.
Sec. 316. Pilot program for sale of air pollution emission reduction 
Sec. 317. Department of Defense energy efficiency program.
Sec. 318. Procurement of alternative fueled and hybrid light duty 
Sec. 319. Reimbursement of Environmental Protection Agency for certain 
           response costs in connection with Hooper Sands Site, South 
           Berwick, Maine.
Sec. 320. River mitigation studies.

   Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities

Sec. 331. Commissary benefits for new members of the Ready Reserve.
Sec. 332. Reimbursement for use of commissary facilities by military 
           departments for purposes other than commissary sales.
Sec. 333. Public releases of commercially valuable information of 
           commissary stores.
Sec. 334. Rebate agreements with producers of foods provided under 
           special supplemental food program.
Sec. 335. Civil recovery for nonappropriated fund instrumentality costs 
           related to shoplifting.

                 Subtitle D--Workforce and Depot Issues

Sec. 341. Revision of authority to waive limitation on performance of 
           depot-level maintenance.
Sec. 342. Exclusion of certain expenditures from limitation on private 
           sector performance of depot-level maintenance.
Sec. 343. Protections for purchasers of articles and services 
           manufactured or performed by working-capital funded 
           industrial facilities of the Department of Defense.
Sec. 344. Revision of deadline for annual report on commercial and 
           industrial activities.
Sec. 345. Pilot manpower reporting system in Department of the Army.
Sec. 346. Development of Army workload and performance system and 
           Wholesale Logistics Modernization Program.

                Subtitle E--Defense Dependents Education

Sec. 351. Assistance to local educational agencies that benefit 
           dependents of members of the Armed Forces and Department of 
           Defense civilian employees.
Sec. 352. Impact aid for children with severe disabilities.
Sec. 353. Availability of auxiliary services of defense dependents' 
           education system for dependents who are home school students.
Sec. 354. Comptroller General study of adequacy of compensation provided 
           for teachers in the Department of Defense overseas 
           dependents' schools.

                        Subtitle F--Other Matters

Sec. 361. Availability of excess defense personal property to support 
           Department of Veterans Affairs initiative to assist homeless 
Sec. 362. Incremental implementation of Navy-Marine Corps Intranet 
Sec. 363. Comptroller General study and report of National Guard 
           Distributive Training Technology Project.
Sec. 364. Reauthorization of warranty claims recovery pilot program.
Sec. 365. Evaluation of current demonstration programs to improve 
           quality of personal property shipments of members.
Sec. 366. Sense of Congress regarding security to be provided at 2002 
           Winter Olympic Games.


                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Increase in senior enlisted active duty grade limit for Navy, 
           Marine Corps, and Air Force.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2002 limitation on non-dual status technicians.
Sec. 415. Limitations on numbers of reserve personnel serving on active 
           duty or full-time National Guard duty in certain grades for 
           administration of reserve components.

[[Page 115 STAT. 1015]]

        Subtitle C--Other Matters Relating to Personnel Strengths

Sec. 421. Administration of end strengths.
Sec. 422. Active duty end strength exemption for National Guard and 
           reserve personnel performing funeral honors functions.

               Subtitle D--Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.


                  Subtitle A--Officer Personnel Policy

Sec. 501. Enhanced flexibility for management of senior general and flag 
           officer positions.
Sec. 502. Certifications of satisfactory performance for retirement of 
           officers in grades above major general and rear admiral.
Sec. 503. Review of actions of selection boards.
Sec. 504. Temporary reduction of time-in-grade requirement for 
           eligibility for promotion for certain active-duty list 
           officers in grades of first lieutenant and lieutenant (junior 
Sec. 505. Authority for promotion without selection board consideration 
           for all fully qualified officers in grade of first lieutenant 
           or lieutenant (junior grade) in the Navy.
Sec. 506. Authority to adjust date of rank of certain promotions delayed 
           by reason of unusual circumstances.
Sec. 507. Authority for limited extension of medical deferment of 
           mandatory retirement or separation.
Sec. 508. Authority for limited extension on active duty of members 
           subject to mandatory retirement or separation.
Sec. 509. Exemption from certain administrative limitations for retired 
           officers ordered to active duty as defense or service 
Sec. 510. Officer in charge of United States Navy Band.

             Subtitle B--Reserve Component Personnel Policy

Sec. 511. Placement on active-duty list of certain Reserve officers on 
           active duty for a period of three years or less.
Sec. 512. Exception to baccalaureate degree requirement for appointment 
           of Reserve officers to grades above first lieutenant.

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