(Sec. 104) Authorizes appropriations for FY 2001 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the chemical demilitarization program; and (4) the Defense Health Program.
Subtitle B: Army Programs - Requires a report from the Secretary of the Army to the defense and appropriations committees on the process for developing the objective force in the transformation of the Army. Directs such Secretary to develop and carry out, and report to such committees on, a plan comparing the costs and operational effectiveness of the medium armored combat vehicles selected for the infantry battalions of the interim brigade combat teams with the costs and effectiveness of such vehicles currently in the Army inventory for use by infantry battalions. Requires the Director of Operational Test and Evaluation of the Department of Defense (DOD) to review such plan and report results to such Secretary. Prohibits more than 60 percent of the amount authorized for the procurement of such vehicles for FY 2001 and FY 2002 from being obligated until 30 days after such Secretary's reports are submitted.
Subtitle C: Navy Programs - Authorizes the Secretary of the Navy to procure the aircraft carrier designated CVNX-1, and authorizes such Secretary to enter into contracts for advanced procurement and construction of components for such carrier (earmarking funds authorized under this section for such purpose).
(Sec. 122) Amends the National Defense Authorization Act for Fiscal Year 1997 to increase the number of Arleigh Burke class destroyers that may be procured by the Navy and to extend through FY 2005 the authority for such multiyear procurement. Expresses the sense of Congress that the Secretary of the Navy, with respect to any such destroyers procured after FY 2001, should achieve the most economical rate of procurement by procuring three destroyers in each of FY 2002 and 2003 and one in FY 2004. Requires a report from such Secretary to the defense committees updating information required in a 1993 report on DDG-51 (destroyer) class ships. Requires such update to be transmitted to the Comptroller General (CG), and requires the CG to review such report and report review results to the defense committees.
(Sec. 123) Earmarks FY 2001 procurement funds for the Virginia class submarine program, authorizing the Secretary of the Navy to enter into contracts for the procurement of up to five of such submarines during FY 2003 through 2006. Requires a report from the Secretary of Defense (Secretary) to the defense and appropriations committees on the Navy's fleet of fast attack submarines.
(Sec. 124) Authorizes the Secretary of the Navy to procure the construction of all ADC(X) class ships in one shipyard when determined to be more cost effective than construction in more than one shipyard.
(Sec. 125) Earmarks FY 2001 procurement funds for commencement of nuclear refueling and overhaul of the CVN-69 aircraft carrier during FY 2001.
Subtitle D: Air Force Programs - Amends the National Defense Authorization Act for Fiscal Year 1990 and 1991 to repeal a required annual report on the B-2 bomber aircraft program.
Subtitle E: Other Matters - Authorizes the Secretary, in determining technologies for the destruction of lethal chemical agents and munitions at the Pueblo Chemical Depot, Colorado, to consider only incineration or any technologies demonstrated under the Assembled Chemical Weapons Assessment on or before May 1, 2000.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2001 for research, development, test, and evaluation (RDT&E). Earmarks specified amounts for basic and applied research projects.
Subtitle B: Program Requirements, Restrictions, and Limitations - Directs the Secretary to carry out a joint field experiment in FY 2002 for exploring war fighting challenges for joint U.S. military forces after 2010. Provides experiment funding from RDT&E funds.
(Sec. 212) Earmarks RDT&E funds for the conversion and development of nuclear aircraft carrier design data.
(Sec. 213) Authorizes the Secretary of the Navy to pursue a technology insertion approach for the construction of the DD-21 destroyer on a specified construction schedule. Expresses the sense of Congress: (1) calling for the sequential construction of such destroyers until 32 are constructed; and (2) that the Secretary of the Navy, in providing for the acquisition of such destroyers, should take into consideration certain needs of the Navy and Marine Corps for the surface fire support of such destroyers, along with certain related considerations. Directs the Secretary of: (1) the Navy to submit to the defense committees a plan for pursuing a technology insertion approach for such construction; and (2) Defense to report to such committees on the Navy's plan for the acquisition and maintenance of such destroyers.
(Sec. 214) Amends the National Defense Authorization Act for Fiscal Year 1998 to allow a one percent increase for certain development and production expenditures for the F-22 aircraft program if the Director of Operational Test and Evaluation determines such increase is necessary to ensure adequate testing.
(Sec. 215) Requires a report from the Secretary to Congress on the joint strike fighter program. Authorizes limited transfers to such program from other Navy and Air Force accounts.
(Sec. 216) Directs the Secretary to require and coordinate a concept demonstration of the Global Hawk high altitude endurance unmanned vehicle. Requires such demonstration to: (1) take place as early as practicable in FY 2001; and (2) be conducted in a counter-drug surveillance scenario for the Commander in Chief of the U.S. Southern Command. Requires a demonstration report from the Secretary to Congress.
(Sec. 217) Provides future-years goals for unmanned, advanced capability aircraft and ground combat vehicles. Requires a report from the Secretary to the defense and appropriations committees on all demonstration programs undertaken by the various military departments with respect to such vehicles. Provides program funding from RDT&E funds.
(Sec. 218) Earmarks RDT&E funds for Army space control technology development, including the kinetic energy anti-satellite technology program.
(Sec. 219) Prohibits funds for the Russian American Observation Satellites program from being obligated or expended until 30 days after the Secretary submits to Congress a plan for protecting U.S. advanced military technology associated with such program.
(Sec. 220) Prohibits this Act's funds from being obligated for the procurement of an anthrax vaccine until the Secretary has submitted to the defense and appropriations committees certain information concerning Food and Drug Administration production approval of such a vaccine, as well as contingencies associated with continuing to rely on the current manufacturer to supply such vaccine.
(Sec. 221) Directs the Secretary to report to the defense and appropriations committees on the acquisition of biological warfare defense vaccines for DOD.
Subtitle C: Other Matters - Requires the Secretary of the Air Force to report to the defense and appropriations committees on long-term challenges and short-term objectives of the Air Force science and technology program. Directs such Secretary to establish a task force for identifying the short-term objectives.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2001 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of DOD.
(Sec. 302) Authorizes appropriations for FY 2001 for: (1) working capital and revolving funds; and (2) the Armed Forces Retirement Home.
(Sec. 304) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified military O&M accounts for FY 2001.
Subtitle B: Program Requirements, Restrictions, and Limitations - Earmarks specified defense-wide O&M funds for: (1) payments for children with disabilities under the Elementary and Secondary Education Act of 1965; and (2) analyses by the joint warfighting capabilities assessment teams of the Joint Requirements Oversight Council.
Subtitle C: Humanitarian and Civic Assistance - Authorizes the Secretary to provide humanitarian and civic assistance in connection with military operations for areas of a country that are underserved by medical, dental, and veterinary professionals. Authorizes the use of up to ten percent of such assistance for pay and allowances of special operations command reserves furnishing demining training and related assistance.
Subtitle D: Department of Defense Industrial Facilities - Expresses policy with respect to the U.S. armaments industrial base. Authorizes the Secretary to carry out a program to be known as the Armament Retooling and Manufacturing Support Initiative which shall, among other things: (1) encourage commercial firms to use Government-owned, contractor-operated Army ammunition manufacturing facilities for commercial purposes; (2) increase the opportunities for small businesses to use such facilities; (3) maintain an appropriate workforce to meet industrial emergency requirements for national security purposes; (4) demonstrate innovative business practices for future defense conversion initiatives; and (5) reduce or eliminate Army costs of owning such facilities. Requires the Secretary of the Army to fully utilize facility use contracts, leases, and other appropriate arrangements. Authorizes such Secretary to accept consideration for facility use other than rental payments or revenue generated at such facility. Requires a report from such Secretary to the defense committees on procedures and controls implemented to carry out this section.
Authorizes such Secretary to carry out a loan guarantee program to encourage commercial firms to use such facilities. Provides loan guarantee limits of: (1) $20 million per borrower; and (2) $320 million for all borrowers.
Authorizes such Secretary to carry out programs for the support of armaments retooling and manufacturing in the national defense industrial and technology base.
Repeals the Armament Retooling and Manufacturing Support Act of 1992.
(Sec. 332) Authorizes the Secretary, or the Secretary of the military department concerned, to designate depot-level activities of the military departments and defense agencies (current law) and each Army arsenal as Centers of Industrial and Technical Excellence in recognized core competencies. Includes as objectives for public-private partnerships in connection with such Centers: (1) maximizing the capacity utilization of such Centers; (2) reducing or eliminating ownership and production costs of such Centers; (3) leveraging private sector investment in such Centers; and (4) fostering cooperation between the armed forces and private industry. Authorizes a designating Secretary to waive certain commercial nonavailability requirements for articles and services produced at such Centers when necessary to achieve one or more of the objectives. Allows the Secretary to charge the full cost of manufacturing articles at, or performing services through, such Centers. Authorizes private sector use of excess Center capacity. Authorizes the acceptance of consideration for use of Center property. Allows, under limited conditions, the use by private sector partners of Center excess equipment or facilities. Authorizes the Secretary to carry out a loan guarantee program to encourage commercial firms to use such Centers for stated purposes. Provides loan guarantee limits of: (1) $20 million per borrower; and (2) $320 million for all borrowers.
(Sec. 333) Requires the Secretary, at least 30 days before any DOD official enters into a contract for the private sector performance of a workload already being performed by more than 50 employees at a Center or ammunition plant, to report to Congress describing the effect that the performance and administration of the contract will have on the overhead costs of the Center or plant.
(Sec. 334) Authorizes the President (currently, the Secretary or the Secretary of a military department) to waive certain limitations on the performance by non-Government personnel of depot-level maintenance of materiel for reasons of national security. Requires the President to notify Congress of any such waiver and the reasons therefor.
Subtitle E: Environmental Provisions - Establishes in DOD the Environmental Restoration Account, Formerly Used Defense Sites.
(Sec. 342) Prohibits the Secretary or a military department Secretary from paying a fine or penalty imposed for an environmental violation unless the payment is specifically authorized by law if the fine or penalty: (1) is $1.5 million or more; or (2) is based on the application of economic benefit criteria or size-of-business criteria.
(Sec. 343) Repeals required annual reports of the Strategic Environmental Research and Development Program Scientific Advisory Board. Requires the Strategic Environmental Research and Development Program Council to summarize Board activities in their annual reports.
(Sec. 344) Amends the National Defense Authorization Act for Fiscal Year 1993 to revise the Secretary's authority for indemnification of transferees of defense property closed under the base closure laws to include within such indemnification the release or threatened release of petroleum or petroleum derivatives or unexploded ordnance at a closed or realigned military installation, or the payment of environmental costs in connection with all covered releases. Authorizes the Secretary concerned to enter into agreements specifying the contribution of any person to a covered release or threatened release. Adds indemnification conditions and limitations.
(Sec. 345) Authorizes the Secretaries of the Army and Navy to use O&M funds to pay certain fines and penalties imposed by the Environmental Protection Agency (EPA) or a State in connection with environmental violations at specified sites.
(Sec. 346) Authorizes the Secretary to reimburse a specified account within the Hazardous Substance Superfund to reimburse the EPA for certain environmental costs in connection with the former Nansemond Ordnance Depot Site in Suffolk, Virginia.
(Sec. 347) Authorizes the Secretary concerned, during FY 2000 through 2003, to use DOD environmental restoration account funds for the costs of permanently relocating facilities because of a release or threatened release of hazardous substances, pollutants, or contaminants from real property or facilities: (1) currently under the Secretary's jurisdiction; or (2) that were under the Secretary's jurisdiction at the time of the actions leading to such release or threatened release. Prohibits more than five percent of account funds from being used for such purpose. Requires three annual reports from the Secretary to Congress on each such response action.
(Sec. 348) Directs the Secretary of: (1) the Navy to continue during FY 2001 a ship disposal project (requiring a project report to the defense and appropriations committees); (2) Defense to report to the defense and appropriations committees on the Defense Environmental Security Corporate Information Management program; and (3) the Army to report to the defense and appropriations committees on the Plasma Energy Pyrolysis System.
Subtitle F: Other Matters - Requires the Secretary to report to Congress on effects of worldwide U.S. contingency operations on the readiness of military aircraft and ground equipment.
(Sec. 362) Directs the Secretary of the Army to develop a new methodology for ensuring more accurate future years Army O&M requirements. Expresses the sense of Congress calling for such methodology, and to use such methodology in the preparation of such budget requests for fiscal years after 2001.
(Sec. 363) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to require additional elements in a plan for ensuring visibility over all in-transit end items and secondary items. Requires the Secretary to submit to Congress any plan revisions required by any law enacted after October 17, 1998.
(Sec. 364) Prohibits the Secretary of the Army from converting to contractor performance the emergency response functions of any chemical weapons storage installation that are currently performed by U.S. employees until such Secretary submits to the defense committees a certification that there will be no lapse of the capability to perform such functions during the performance transition period.
(Sec. 365) Requires the Secretary, before a decision is made to enter into the engineering and manufacturing development phase for the acquisition of a system to use the radio frequency spectrum, to notify the defense and appropriations committees of the frequencies to be used and related information.
(Sec. 366) Directs the Secretary to establish a system for monitoring the performance of DOD functions that: (1) are performed by 50 or more DOD employees; and (2) have been subjected to a workforce review. Requires the system to measure costs and benefits of selecting one workforce over another workforce after a workforce review. Requires an annual report from the Secretary to Congress. Directs the Secretary, in preparing the future years defense program, to consider costs incurred and savings derived from changed workforces after such a review. Requires specified information in a required congressional notification of changed workforces.
(Sec. 367) Directs the Secretary of the Navy to suspend all activities associated with the reorganization or relocation of the performance of Navy auditing functions until 60 days after a report to the defense and appropriations committees setting forth the Navy's plans and justifications for such reorganization or relocation.
(Sec. 368) Directs the Secretary to invest that portion of the Commissary Trust Revolving Fund not required to meet current withdrawals.
(Sec. 369) Repeals a provision requiring a nonappropriated fund instrumentality, under certain conditions, to be considered the most economical method of distribution of alcoholic beverages within the commissary system.
(Sec. 370) Requires that, whenever the Secretary of the Army carries out a disposal (by sale or otherwise) of armor-piercing ammunition or a component of such ammunition, such Secretary shall include as a disposal condition that the recipient agree in writing not to sell or transfer such ammunition or component to any purchaser in the United States other than a law enforcement or other governmental agency (with an exception for transfers for metal reclamation only). Provides a special rule for non-piercing components of such ammunition.
(Sec. 371) Directs the Secretary to assess damage caused to DOD aviation facilities by alkali silica reactivity. Authorizes the Secretary to develop and carry out during FY 2001 through 2006 a plan to prevent and mitigate such damage. Provides funding from authorized O&M funds.
(Sec. 372) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to extend through FY 2010 a pilot program for the acceptance and use of landing fees charged for the use of domestic military airfields by civilian aircraft. Extends related report requirements.
(Sec. 373) Authorizes the Secretary of the Air Force to require payments by a civil air carrier for support provided by the United States at Johnston Atoll that is either: (1) requested by such carrier; or (2) determined necessary to accommodate such carrier's use of the Atoll. Requires amounts charged to equal the total costs of such support. Prohibits landing fees to be charged if support costs are charged.
(Sec. 374) Requires the CG to: (1) review annual costs incurred by DOD to comply with requirements of the National Historic Preservation Act; and (2) report review results to the defense and appropriations committees.
(Sec. 375) Amends the Wildfire Suppression Aircraft Transfer Act of 1996 to extend through FY 2005 the authority of the Secretary to sell certain aircraft for use in wildfire suppression, and to extend a related report requirement.
(Sec. 376) Amends provisions which authorize the Secretary or the Secretary of a military department to contract with private air carriers for the interstate transportation of passengers or property by transportation category aircraft to: (1) remove a requirement that contracts for such transportation be for a period in excess of 31 days; (2) authorize such transportation between a place in the United States and a place outside the United States; and (3) allow such transportation between two foreign places by a carrier that has aircraft in the civil reserve air fleet whenever such transportation is reasonably available.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 2001.
Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 2001 for the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth the minimum number of military technicians (dual status) within the Army and Air Force Reserves and National Guards as of the end of FY 2001.
(Sec. 414) Sets forth the maximum number of military technicians (non-dual status) within the Army and Air Force Reserves and National Guards as of the end of FY 2001. Postpones until October 1, 2002 (currently a year earlier) a provision limiting such number to 1,950.
(Sec. 415) Increases the number of certain officers and enlisted personnel authorized to serve on active duty in support of the reserves.
Subtitle C: Other Matters Relating to Personnel Strengths - Authorizes the President to suspend end strength limitations in times or war or national emergency declared by Congress or the President with respect to senior enlisted personnel and senior reserve officers on active duty or full-time National Guard or reserves administrative duty. Limits such suspension period to two years from the suspension or one year after the declaration of war or national emergency, whichever occurs first.
(Sec. 422) Excludes from personnel end strength limitations reserve personnel on active duty for more than 180 days to perform special work in support of the armed forces and combatant commands, except that such number may not exceed two tenths of one percent of the end strength for all active-duty personnel.
(Sec. 423) Excludes Army and Air Force medical and dental officers from end strength limitations on reserve commissioned officers in grades below brigadier general.
(Sec. 424) Authorizes an increase in the number of certain reserve and enlisted personnel serving on active duty or full-time National Guard duty for administrative support of the Guard and reserves by the same percentage as the increase in a fiscal year for active-duty and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel.
(Sec. 425) Excludes, until the end of FY 2005, an Air Force officer serving as Director of the National Security Agency from end strength limitations on the number of Air Force officers above the grade of major general.
Subtitle D: Authorization of Appropriations - Authorizes appropriations for FY 2001 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Allows Army Reserve colonels and brigadier generals to be recommended for position vacancy promotions under regulations prescribed by the Secretary of the Army.
(Sec. 502) Amends Coast Guard provisions to direct the Secretary of the department in which the Coast Guard is operating, before convening a selection board to recommend Reserve officers for promotion, to establish a promotion zone for officers serving in each grade and competitive category to be considered by a selection board. Requires such Secretary, before convening a selection board to recommend Reserve officers for a promotion to a grade above lieutenant (junior grade), to determine the maximum number of officers in that grade and competitive category that the board may recommend. Authorizes such Secretary, when the needs of the Coast Guard require, to allow the consideration of officers in a grade above lieutenant (junior grade) for promotion to the next higher grade from below the promotion zone. Outlines provisions for determination by such Secretary of the maximum number that may be recommended for promotion in both of the above categories. Authorizes such Secretary to use a running mate system during consideration of Reserve officers in an active status for promotion to the next higher grade. Allows such running mate system to be used when selecting officers for promotion from below the promotion zone only when considered appropriate to meet the needs of the Coast Guard.
(Sec. 503) Provides revised times for the release to the armed force concerned of the names of active-duty and reserve active-status list officers recommended for promotion, such times varying within the various promotion grades. Prohibits any such list from including any name removed by the President from the report of a selection board, or the name of any officer whose promotion the Senate failed to confirm.
(Sec. 504) Allows for the posthumous commissions and warranting of officers who were recommended for appointment or promotion to a commissioned grade but died in the line of duty before it was approved by the Secretary concerned or before accepting the appointment or promotion.
(Sec. 505) Makes certain active-duty list promotion, separation, and involuntary retirement authorities inapplicable to reserve general and flag officers serving in certain positions designated by the Chairman of the Joint Chiefs of Staff (JCS).
(Sec. 506) Authorizes the Secretary concerned to correct a person's military records in accordance with a recommendation made by a special board. Requires the appropriate relief associated with such correction (restoration to duty status, eligibility for additional pay). Considers as final a previous corrective action taken when a special board recommends not to correct the action taken, but allows for judicial review of such decision after such board's consideration. Makes such provisions inapplicable to the Coast Guard when not operating as a service in the Navy. Prohibits U.S. courts from taking any action on a claim based on the failure of an officer for selection for promotion by a promotion board until: (1) the claim has been considered and acted upon by a special selection board; or (2) the claim has been rejected by the Secretary without consideration by a special selection board. Authorizes judicial review after either event.
(Sec. 507) Authorizes the Secretary of the Air Force to retain Medical Service Corps officers in an active status until 67 years of age.
(Sec. 508) Removes an application requirement for the continuation of officers on the reserve active-status list.
(Sec. 510) Requires the Chiefs of the Army and Air Force Reserve, while in such position, to hold the grade of lieutenant general (currently, major general). Requires the Chief of Naval Reserve to hold the grade of vice admiral (currently, rear admiral). Requires National Guard Bureau Directors to hold the grade of lieutenant general. Allows an officer to be appointed as Commander, Marine Forces Reserve, in the grade of lieutenant general (usually, major general) if appointed by the President by and with the advice and consent of the Senate. Authorizes the waiver of the latter requirement, until October 1, 2002, when necessary for the good of the service.
Subtitle B: Joint Officer Management - Requires an officer, in order to qualify for the joint specialty designation, to: (1) have successfully completed a program of education in residence at a joint professional military education school accredited by the JCS Chairman, and a full tour of duty in a joint duty assignment; or (2) have successfully completed two full tours of duty in a joint duty assignment (without the education). Authorizes the Secretary to waive such qualifications for an officer who, due to unusual circumstances, has one or more qualifications comparable to the qualification waived. Allows such qualifications to be waived in the case of a general or flag officer only when determined necessary to meet a critical need. Requires the: (1) Secretary to designate joint duty assignments for general and flag officers that must be filled by joint specialty officers; and (2) JCS Chairman to accredit joint professional military education schools.
(Sec. 522) Revises promotion policy objectives for joint officers. Requires the appropriate military department Secretary to validate the qualifications of officers for eligibility for joint duty assignments, including satisfaction of requirements for promotion to brigadier general or rear admiral (lower half). Directs the Secretary to prescribe policies to ensure that promotion-eligible joint specialty officers are appropriately considered for such promotion.
(Sec. 523) Repeals the requirement that an officer graduating from an accredited joint professional military education school be assigned to a joint duty assignment as that officer's next duty assignment.
(Sec. 524) Repeals provisions specifying the length of joint duty assignments. Requires such length to be equivalent to the standard length for assignments of other officers at such installation or place of duty. Allows the Secretary to: (1) waive such requirement when critical to meet military personnel management requirements; and (2) curtail by up to two years a joint duty assignment of more than two years for an officer who has served in that assignment for at least two years. Provides conditions under which an officer shall be considered to have completed a full tour of duty in a joint duty assignment. Prohibits joint duty credit for joint task force assignments of less than one year in more than one such assignment in the headquarters of a joint task force.
(Sec. 525) Revises generally information required in an annual report from the Secretary to Congress on joint specialty officers and assignments.
(Sec. 526) Considers multiple assignments as a single tour of duty for joint duty assignment purposes if such assignments consist of joint duty assignments and one or more assignments that provide significant experience in joint matters, as determined by the Secretary.
Subtitle C: Education and Training - Entitles to appointment to a service academy the children of members of the reserves who: (1) are currently so serving and are credited with at least eight years of service; or (2) would be, or who died while they would have been, entitled to retired pay except for not having attained 60 years of age.
(Sec. 542) Authorizes the Secretary concerned, in selecting persons from approved foreign countries to receive instruction at a service academy, to give a priority to persons who have a national service obligation to their countries upon academy graduation.
(Sec. 543) Repeals a provision authorizing a certain funding increase to be used for the Junior Reserve Officers' Training Corps.
(Sec. 544) Revises provisions concerning the Marine Corps Platoon Leaders Class program to: (1) make Marine Corps Reserve officers (currently only Marine Corps Reserve enlisted personnel) eligible for such program; (2) remove certain age limitations; (3) allow assistance to eligible individuals for the pursuit of a law degree requiring no more than four (currently three) academic years; and (4) make program noncompletion sanctions inapplicable to officers.
Subtitle D: Matters Relating to Recruiting - Directs the Secretary of the Army, during the period beginning on October 1, 2000, and ending on December 31, 2005, to carry out pilot programs to test various recruiting approaches. Requires one pilot program to be a program: (1) of public outreach that associates the Army with motor sports competition; (2) a program under which Army recruiters are assigned at postsecondary vocational institutions and community colleges to recruit such students and graduates; and (3) a program that expands the scope of the Army's current recruiting initiatives. Authorizes such Secretary to expand or extend a pilot program after notification of the defense committees. Requires a pilot program report.
(Sec. 552) Directs the Secretary to enhance the effectiveness of the Joint and Service Recruiting and Advertising Programs through advertising and market research targeted to prospective recruits and persons who influence such recruits.
(Sec. 553) Amends Federal provisions requiring access to secondary schools for military recruiting purposes to provide that if a local educational agency denies such access, then the Secretary concerned shall designate a general or flag officer of that armed force to visit such school and seek such access. Provides that if the agency continues to deny such access, then the Secretary shall transmit to the chief executive of such State a notification of such denial and a request for assistance in obtaining the requested access. Directs the Secretary, upon determining that agency denial of recruiting access extends to at least two of the armed forces, to notify the defense committees and the Senators and appropriate Representative of the State in which the denial has occurred. Makes such requirements effective as of July 1, 2002.
Subtitle E: Other Matters - Authorizes the President to award the Medal of Honor to Ed W. Freeman, James K. Okubu, and Andrew J. Smith for service during the Vietnam conflict, World War II, and the Civil War, respectively.
(Sec. 562) Waives certain time limitations with respect to recommendations for the award of the: (1) Silver Star to Louis Rickler, for service during World War I; and (2) Distinguished Flying Cross to certain individuals for service during World War II or Korea.
(Sec. 563) Makes ineligible for involuntary separation pay individuals who decline to continue to serve on active duty.
(Sec. 564) Exempts a military testamentary instrument from State testamentary laws. Accords such instruments the same legal effect as State testamentary instruments presented for probate. Outlines requirements for the legal execution of such instruments. Makes such instrument self-proving upon such execution, signature, and witnessing. Requires each instrument to include a statement that it meets applicable testamentary requirements.
(Sec. 565) Expresses the sense of Congress that: (1) the American people should recognize the lack of culpability of then-Captain Charles B. McVay III in connection with the sinking of the U.S.S. INDIANAPOLIS by a Japanese submarine in the Philippine Sea during World War II, as well as his lack of culpability for the tragic loss of the INDIANAPOLIS and the lives of the men who died as a result of her sinking; (2) Captain McVay's military record should reflect such exoneration; and (3) the Secretary of the Navy should award a Navy Unit Commendation to the U.S.S. INDIANAPOLIS and its final crew.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 2001 pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases by 3.7 percent, effective January 1, 2001, the rates of basic pay for military personnel.
(Sec. 602) Amends the National Defense Authorization Act for Fiscal Year 2000 to revise certain pay table amounts.
(Sec. 603) Authorizes members performing funeral honors duty to receive either the allowance for such duty or the rate of pay for members of the reserves or National Guard performing inactive-duty training.
(Sec. 604) Excludes from creditable service as a Marine Corps officer only that service performed concurrently as an enlisted member with the Marine Corps Platoon Leaders Class program.
(Sec. 605) Repeals the current calculation of the monthly amount of basic allowance for housing (BAH) for housing inside the United States. Requires the Secretary to base such amount on the costs of adequate housing determined for such area. Repeals provisions requiring BAH reductions and adjustments.
(Sec. 606) Authorizes the payment of BAH for members without dependents in pay grade E-4 (currently only E-5) who are on sea duty.
(Sec. 607) Authorizes the payment of a personal money allowance of $2,000 yearly for senior enlisted members serving in Sergeant Major, Master Chief Petty Officer, or Chief Master Sergeant positions.
(Sec. 608) Increases the initial and annual allowance for officers for the purchase of required uniforms and equipment.
(Sec. 609) Authorizes the Secretary (currently, the President) and the Secretary of Transportation with respect to the Coast Guard when not operating as a service in the Navy to prescribe requirements and allowances for clothing for enlisted personnel.
Subtitle B: Bonuses and Special and Incentive Pays - Extends through 2001 specified authorities currently scheduled to expire at the end of 2000 with respect to certain special pay and bonus programs within the regular and reserve armed forces.
(Sec. 614) Includes as eligible activities for the payment of special pay currently provided for reserve medical and dental officers active duty for training, annual training, or special work.
(Sec. 615) Authorizes special pay for Coast Guard physician assistants.
(Sec. 616) Authorizes the Secretary concerned to pay special pay to an officer who is: (1) a pharmacy officer in the Medical Service Corps of the Army or Navy or the Biomedical Sciences Corps of the Air Force; and (2) on active duty under a call or order for a period of at least one year. Authorizes similar payments from the Secretary of Health and Human Services with respect to such officers in the Regular or Reserve Corps of the Public Health Service. Prohibits such payments for pay grades above O-6. Provides varying rates of such special pay based on creditable years of service and whether or not the officer is undergoing pharmacy internship training.
Authorizes the payment of an accession bonus to individuals graduating from an accredited pharmacy school who, between the enactment of this Act and September 30, 2004, execute a written agreement to accept a commission as an officer and to remain on active duty for at least four years. Limits such bonus to $30,000. Requires pro rata repayment for unserved periods.
(Sec. 618) Entitles Public Health Service Regular or Reserve Corps health officers to the same special pay as health professions officers of the armed forces.
(Sec. 619) Entitles a member on sea duty to career sea pay at a monthly rate prescribed by the Secretary concerned, but not to exceed $750. (Currently, such rates vary depending on the length of such duty, with a high-end limit of $520.) Authorizes a pay premium of up to $350 for every month served after 36 consecutive months.
(Sec. 620) Increases the monthly rate of special duty assignment pay for enlisted members. Eliminates the separate rate for military recruiters.
(Sec. 621) Authorizes the payment of a critical skills enlistment bonus for all military departments (currently, only the Army).
Subtitle C: Travel and Transportation Allowances - Authorizes the advance payment of temporary lodging expenses incurred by a member and his or her dependents while making a change in permanent duty stations. Allows such payment for up to ten days. Revises generally provisions concerning the per diem for members on duty outside the United States or in Hawaii or Alaska.
(Sec. 632) Authorizes the Secretary concerned to pay to a member a share of the savings resulting from less-than-average shipping and storage costs of the member's baggage and household effects in connection with a change of duty station.
(Sec. 633) Allows the payment of certain travel and transportation expenses of military dependents of overseas personnel when such dependents are engaged in obtaining a formal education (currently, only a secondary or undergraduate college education) (thereby allowing graduate or vocational educational programs to be included).
(Sec. 634) Authorizes the Secretary concerned to pay a member a share of the savings realized from not having a vehicle transported or stored overseas. Authorizes a member to elect to have a vehicle stored at Government expense in lieu of a transportation allowance for an unaccompanied assignment.
Subtitle D: Retirement Benefits - Provides an exception to the high-36 month retired pay computation for: (1) enlisted personnel who are reduced in grade; or (2) officer personnel who do not serve satisfactorily in the highest grade held. States that such retired pay base shall be determined as if the member first became a member before September 8, 1980.
(Sec. 642) Provides automatic participation in the Survivor Benefit Plan (SBP) for reserve personnel who are married or have a dependent child unless such member declines such participation with his or her spouse's concurrence. Requires spousal consent for a member to elect: (1) not to participate in the SBP; or (2) to designate as the effective date for the commencement of SBP payments in the event that the member dies before becoming 60 years of age the 60th anniversary of such member's birth.
(Sec. 643) Amends the National Defense Authorization Act for Fiscal Year 2000 to make 180 days after the enactment of this Act the effective date for the authority of members of the Ready Reserve to participate in the Thrift Savings Plan (TSP). Allows the Secretary to postpone such effective date by up to 360 additional days if the Secretary determines that permitting such members to participate earlier would place an excessive burden on accommodating TSP participants. Requires notification of specified congressional committees when such a postponement is utilized.
(Sec. 644) Outlines procedures for retirement from active reserve service which is performed after retirement from the regular armed forces.
(Sec. 645) Repeals a Federal provision suspending the payment of military retired pay while an individual serves as a Federal judge.
Subtitle E: Other Matters - Authorizes the Secretary to reimburse a member for parking expenses incurred for a private vehicle being used to commute to a duty station to perform recruiting activities, duty with a military entrance processing facility, or instructional or administrative duties at an institution where a unit of the Senior Reserve Officers' Training Corps is maintained.
(Sec. 652) Amends the National Defense Authorization Act for Fiscal Year 1997 to authorize the Secretary to extend for up to 18 additional months the deadline for filing claims associated with the capture and internment of certain persons by North Vietnam.
(Sec. 653) Authorizes the Secretary to settle claims for payments for unused accrued leave and for retired pay.
(Sec. 654) Entitles to Servicemembers' Group Life Insurance a person who volunteers for assignment to a category in the Individual Ready Reserve that is subject to an involuntary call to active duty.
(Sec. 655) Authorizes the Secretary of Veterans Affairs to pay a gratuity of $20,000 to veterans of Bataan and Corregidor who were captured, held as prisoners of war, and forced to perform slave labor in Japan during World War II.
Title VII: Health Care - Subtitle A: Senior Health Care - Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to extend through 2005 the TRICARE Senior Supplement demonstration program.
(Sec. 702) Amends title XVIII (Medicare) of the Social Security Act to extend through 2005 the Senior Prime demonstration program. Includes a DOD major medical center as a facility participant in such program, and allows such centers to be designated as additional sites.
(Sec. 703) Extends through 2005 a demonstration project for including certain eligible military beneficiaries for health care coverage under the Federal Employees Health Benefits Program. Includes additional areas for participation in the project.
(Sec. 704) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to authorize the Secretary to require DOD pharmacy system participants to pay an enrollment fee for such participation, but requires the Secretary to ensure that any such fee charged after December 31, 2000, is lower than the fee charged on such date. Allows the Secretary to impose other cost-sharing requirements on system participants. Allows for the monthly or quarterly payment of premiums.
Subtitle B: TRICARE Program - Authorizes coverage under the TRICARE Program (a DOD managed-care program) for remote areas of the continental United States for members of the Coast Guard when not operating as a service in the Navy and members of the National Oceanic and Atmospheric Administration and Public Health Service. Requires coverage for the medical care of eligible military dependents to be comparable to medical care coverage and timely access standards under the TRICARE Prime option.
(Sec. 712) Prohibits a copayment from being charged to a dependent of a member eligible for care under TRICARE Prime.
(Sec. 713) Directs the Secretary to take all necessary action to improve the business practices used in administering TRICARE.
Subtitle C: Joint Initiatives With Department of Veterans Affairs - Directs the Secretaries of Defense and Veterans Affairs to jointly prescribe a centralized process for the reporting, compiling, and analysis of errors in the provision of health care under their respective health care systems that endanger patients beyond the normal risks associated with such care and treatment.
(Sec. 722) Directs such Secretaries to jointly develop a system for the use of bar codes for the identification of pharmaceuticals, and directs the Secretary to experiment with the use of such bar codes in the DOD mail order pharmaceuticals program.
(Sec. 723) Amends the National Defense Authorization Act for Fiscal Year 2000 to require certain additional information in an annual report from the Secretary to Congress on DOD medical informatics. Earmarks specified FY 2001 O&M funds for pharmaceuticals-related medical informatics.
Subtitle D: Other Matters - Directs the Secretary to carry out a program to provide the following persons with prescription pharmaceuticals by mail: (1) persons eligible for medical care under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); and (2) persons who would be eligible for CHAMPUS medical care except for concurrent eligibility for hospital insurance under Medicare part A.
(Sec. 732) Amends the National Defense Authorization Act for Fiscal Year 2000 to authorize the Secretary to provide domiciliary and custodial care to CHAMPUS beneficiaries whose eligibility for such care was discontinued due to their concurrent eligibility for hospital insurance benefits under Medicare and subsequently reestablished under other legal authority.
Limits to $100 million per fiscal year the total cost for the individual case management program for CHAMPUS beneficiaries.
(Sec. 733) Entitles Medal of Honor recipients and their dependents to CHAMPUS medical and dental care.
(Sec. 734) Directs CHAMPUS administering Secretaries to furnish an eligible CHAMPUS minor dependent (at least 5 and less than 12 years old) a school-required physical examination.
(Sec. 735) Extends until three year after an eligible member's death (currently, one year) the continuation of CHAMPUS medical and dental benefits for such member's survivors.
(Sec. 736) Extends through FY 2002 the authority to contract for medical services at locations outside of military medical treatment facilities.
(Sec. 737) Directs the Secretary to complete the development and implementation of a program to provide chiropractic health care services and benefits for all TRICARE Prime enrollees as a permanent part of the military health care system. Amends the National Defense Authorization Act for Fiscal Year 1995 to continue certain chiropractic benefits under such Act until the new program is implemented.
(Sec. 738) Directs the Secretary to take necessary actions to use, in at least one TRICARE program region, commercially available information technology systems and products to simplify critical administrative processes of the defense health program and otherwise improve the performance of such services.
(Sec. 739) Directs the Secretary to establish a patient care error reporting and management system, with specified purposes and requirements. Directs the Secretary to expand the health care team coordination program to integrate that program into all DOD health care operations.
(Sec. 740) Directs the Secretary to carry out a demonstration program to explore opportunities for improving the planning and management of the DOD health care system. Terminates the program on December 31, 2001. Requires a program report. Provides funding from O&M funds.
(Sec. 741) Directs the Secretary to carry out two studies to assess the feasibility and desirability of financing the military health care program for retirees on an accrual basis. Requires one study to be conducted by: (1) one or more DOD organizations; and (2) an independent organization with expertise in financial programs and health care. Requires a final report to the Secretary on each study, to be transmitted to Congress.
(Sec. 742) Authorizes the Secretaries of the Army and Health and Human Services to jointly conduct a program to augment the Army Medical Department by exercising available authority for detailing reserve commissioned officers of the Public Health Service not in an active status to the Army Medical Department. Requires a report to the defense committees.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Directs the Secretary to ensure that, no later than 180 days after enactment of this Act, the Department of Defense Supplement to the Federal Acquisition Regulation is revised to establish a preference for performance-based contracts or task orders for the purchase of DOD services. Outlines conditions under which such a contract or task order will be treated as a contract for the procurement of commercial items. Directs the Secretary of each military department to establish at least one center of excellence in contracting for services for assistance to the acquisition community. Requires the Secretary to ensure that classes focusing on such contracting are offered by the Defense Acquisition University and the Defense Systems Management College and available to contracting personnel throughout DOD. Requires appropriate training for defense contracting personnel.
(Sec. 802) Adds a $500 million threshold prior to the applicability of a reporting requirement relating to DOD multiyear contracting authority.
(Sec. 803) Includes additional responsibilities of DOD Chief Information Officers with respect to the maintenance of mission critical and mission essential information technology systems. Prohibits the Milestone I, II, or III approval of a major automated information system within DOD until the Chief Information Officer of that department has determined that the system is being developed in accordance with requirements under the Clinger-Cohen Act of 1996 and related requirements, including appropriate registration. Requires reports from the Secretary to the defense and appropriations committees during FY 2001 through 2003 on the implementation of such requirements.
(Sec. 804) Directs the Secretary of each military department to administer an automated system for tracking and managing the purchase of information technology products and services by that department. Requires such system, at a minimum, to apply to purchases of information products and services in excess of the simplified acquisition threshold. Prohibits such a purchase in excess of the simplified acquisition threshold unless: (1) data concerning such purchase is included in the tracking system; or (2) the purchase is approved by the Under Secretary of Defense for Acquisition, Technology, and Logistics or the senior procurement executive of that military department. Requires: (1) an annual report from the Secretary to the defense committees; and (2) a report from the CG to the defense and appropriations committees on systems developed under this section.
(Sec. 805) Repeals the requirement for certain contractor assurances regarding the completeness, accuracy, and contractual sufficiency of contractor-provided technical data.
(Sec. 806) Amends the Federal Acquisition Streamlining Act of 1994 to extend until October 1, 2007, the authority for certain DOD acquisition pilot programs.
(Sec. 807) Amends the National Defense Authorization Act for Fiscal Year 1994 to add cost-sharing requirements for DOD prototype project agreements. Authorizes the Secretary to carry out a pilot program for follow-on contracting for the production of items and processes that are developed by nontraditional defense contractors under prototype projects. Terminates the pilot program authority at the end of FY 2004. Extends through such date the authority to enter into prototype projects and agreements.
(Sec. 808) Amends the National Defense Authorization Act for Fiscal Year 1994 to limit the right of the CG to review records of prototype project participants to only those records that are of the same type that the Government has the right to examine under audit access clauses or previous agreements or transactions.
(Sec. 809) Amends the National Defense Authorization Act for Fiscal Year 1991 to make small businesses owned and controlled by women eligible for assistance under the mentor-prot?g? program.
(Sec. 810) Prohibits the performance of a contract for the acquisition of a Navy-Marine Corps Intranet from commencing until the Secretary of the Navy submits to Congress specified contract information. Prohibits the part of such program that is implemented during the first year from including any activities of the Marine Corps, the naval shipyards, or the naval aviation depots. Requires such Intranet acquisition to be managed by the Navy in accordance with the Clinger-Cohen Act of 1996 and all directives applicable to major investments in information technology and related services. Requires the CG to review such Intranet and submit comments to Congress.
(Sec. 811) Amends provisions concerning qualifications for employment and assignment in DOD contracting positions to: (1) make members of the armed forces eligible; and (2) provide the occupational series and requirements for positions to be filled by members of the armed forces (with an exception for those already employed in such position on September 30, 2000).
(Sec. 812) Requires the Secretary to report to Congress on the sufficiency of the acquisition and support workforce of DOD, including sufficient size and expertise to ensure the cost-effective management of the defense acquisition system to obtain needed products and services at the best value. Amends the National Defense Authorization Act for Fiscal Year 1996 to extend through November 17, 2003, a demonstration project on revising personnel management policies and procedures applicable to the DOD acquisition workforce. Prohibits the defense acquisition and support workforce from being reduced during FY 2001 through 2003 below such level as of September 30, 2000, but authorizes the Secretary to waive such prohibition and reduce such levels upon certification that the reduced workforce will efficiently and effectively perform its required workloads.
(Sec. 813) Directs the Secretary to carry out, and report to the defense and appropriations committees on, a financial analysis of the costs and benefits of the use of dual rates for quantifying overhead costs at Army industrial facilities.
Title IX: Department of Defense Organization and Management - Repeals Federal provisions reducing the number of major headquarters activities personnel in DOD, as well as a related reporting requirement.
(Sec. 902) Designates one of the Assistant Secretaries of Defense as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, with appropriate duties in such areas. Provides as an additional duty the supervision of all DOD activities for combating terrorism.
(Sec. 903) Directs the Secretary to establish a non-partisan, independent National Defense Panel 2001 to: (1) assess defense strategy, force structure, force modernization plans, infrastructure, budget plan, and other elements of the defense program and policies established since the quadrennial defense review of 1996; and (2) identify the most critical changes that should be made to the defense strategy for the ensuing ten years and the ensuing 20 years. Requires two reports from the Panel to the Secretary and the defense committees. Terminates such Panel at the end of the next year following submission of its second report.
(Sec. 904) Requires the Secretary, each year preceding a year in which a President is to be inaugurated, to establish a non-partisan, independent National Defense Panel to undertake specified assessments, identifications, and recommendations with respect to the current and projected strategic environment. Requires two reports as above, and terminates each Panel as above.
(Sec. 905) Includes within the definition of an Inspector General, for purposes of general investigations, an officer of the armed forces or DOD employee assigned or detailed to serve as an inspector general at any level in DOD.
(Sec. 906) Directs the Secretary to: (1) report to the defense and appropriations committees on the development and implementation of network centric warfare concepts in DOD; and (2) conduct a study of, and report to the defense and appropriations committees on, the present and future use of the joint experimentation program of DOD in the development of such concepts. Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to report to such committees describing the coordination of the science and technology investments of the military departments and defense agencies in the development of future joint network centric warfare capabilities.
(Sec. 907) Amends the National Defense Authorization Act for Fiscal Year 2000 to add specified duties for the Commission to Assess United States National Security Space Management and Organization.
(Sec. 908) Directs the Secretary of the Navy to provide base operating support for Fisher houses associated with Navy health care facilities.
(Sec. 909) Defines the Civil Air Patrol as a federally chartered nonprofit corporation and not an instrumentality of the Federal Government for any purposes. Makes the Patrol a voluntary civilian auxiliary of the Air Force when used by any Federal department or agency. Authorizes the Patrol, at the request of State or local governmental entities, to provide disaster relief missions and activities and other emergency and nonemergency missions and activities. Authorizes the Patrol to use Air Force equipment, supplies, and resources to perform such missions and activities.
Requires funds appropriated for the Patrol to be available only for their use.
Authorizes the Secretary of the Air Force to use Patrol chaplains in support of Air Force active duty and reserve personnel.
Makes the Patrol Board of Governors its governing body. Requires Patrol regulations prescribed by the Secretary of the Air Force to be approved by the Secretary of Defense.
(Sec. 910) Makes the Secretary solely responsible (currently, acting through the Chief of the National Guard Bureau) for administering the National Guard Challenge Program. Requires all Program costs to be funded by DOD (currently, Federal) expenditures. Requires the Secretary to prescribe specified regulations in carrying out such Program.
(Sec. 911) Amends the Armed Forces Retirement Home Act of 1991 to empower the Secretary with supervisory control over the Retirement Home Board. Requires all Board appointments to be subject to the Secretary's approval, and allows the Secretary to terminate a member at any time. Makes the Board Chairman responsible to the Secretary.
(Sec. 912) Directs the Secretary of the Navy to transfer all amounts in the: (1) Naval Historical Center Fund to the Department of the Navy General Gift Fund; and (2) United States Naval Academy Museum Fund to the gift fund maintained for the benefit and use of the U.S. Naval Academy. Requires closure of the depleted Funds. Combines the latter funds under (1) and (2), above, into the United States Naval Academy Gift and Museum Fund, and allows such Fund to accept loans of personal property other than money in addition to gifts and bequests. Requires the Secretary of the Navy to prescribe written guidelines to determine whether the acceptance of any gift, bequest, or loan would reflect unfavorably on the Navy or any of its officers and employees.
(Sec. 913) Authorizes the Secretary of the Navy to disburse to an entity designated by a gift donor the current cash value of a gift accepted before the enactment of this Act for the Naval Academy general gift fund.
Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer up to $2 billion of the amounts made available to DOD in this Division for FY 2001 between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1002) Adjusts amounts authorized to be appropriated to DOD for FY 2000 by the amounts by which such appropriations were increased or decreased in any law making supplemental appropriations for that fiscal year.
(Sec. 1003) Prohibits the total amount that may be contributed by the Secretary in FY 2001 for the common-funded budgets of NATO from being greater than the total that would otherwise be applicable under the fiscal year 1998 baseline limitation.
(Sec. 1004) Requires the annual joint Office of Management and Budget/Congressional Budget Office report on the scoring of budget outlays to reflect the differences between the relevant defense budget outlay rates or assumptions used by the two offices. Requires the inclusion of additional information for each account for which a difference is reported by the two offices.
(Sec. 1005) Requires that, of the contract vouchers received by the Defense Finance and Accounting System by means of the mechanization of contract administration service, the number of such vouchers that remain unpaid for more than 30 days at the end of each month may not exceed five percent of the total number of vouchers received. Directs the Secretary, for any month that such requirement is not met, to report to Congress on the magnitude of the unpaid vouchers.
(Sec. 1006) Repeals specified provisions of the Department of Defense Appropriations Act, 2000 relating to the timing of defense contract payments.
(Sec. 1007) Directs the Secretary to report to the defense and appropriations committees and to carry out a plan for: (1) the prompt posting throughout DOD of defense contractual obligations; and (2) ensuring that all documentation submitted to DOD in support of claims for payment under contracts is submitted electronically.
(Sec. 1009) Provides for the crediting of amounts deducted from amounts due a carrier and representing an administrative offset for an overpayment previously made to such carrier under any DOD contract for transportation services, or as liquidated damages due under such contract. Provides a simplified offset procedure for the collection of claims not in excess of the simplified acquisition threshold.
Subtitle B: Counter-Drug Activities - Amends the National Defense Authorization Act for Fiscal Year 1998 to extend through FY 2006 the authority of the Secretary to provide counter-drug support assistance to the Governments of Peru and Columbia. Authorizes the transfer of one light observation aircraft as part of such assistance. Increases the maximum annual amount of such support from $20 million to $40 million (with a limit of $10 million for assistance for Peru).
(Sec. 1012) Directs the Secretary to recommend to the defense committees whether expanded support for counter-drug activities in Peru and Columbia should be authorized.
(Sec. 1013) Directs the Secretary to review the riverine counter-drug support program in such countries and report to the defense committees on such program.
Subtitle C: Strategic Forces - Directs the Secretary to conduct a comprehensive review of the nuclear posture of the United States for the next five to ten years. Requires a report to Congress. Expresses the sense of Congress that a revised nuclear posture should be conducted and that the posture review should be used as the basis for establishing future U.S. arms control objectives and negotiating positions.
(Sec. 1016) Directs the Secretary to develop a long-range plan for sustaining and modernizing U.S. strategic nuclear forces to counter emerging threats and to satisfy the evolving requirements of deterrence. Requires such plan to be submitted to Congress.
(Sec. 1017) Amends the National Defense Authorization Act for Fiscal Year 1998 to apply to any strategic nuclear delivery system the authority of the Secretary to waive funding limitations for the retiring or dismantling of specified systems below certain levels.
(Sec. 1018) Directs the Secretary to conduct a study relating to the defeat of hardened and deeply buried targets. Requires study results to be reported to the defense and appropriations committees.
Subtitle D: Miscellaneous Reporting Requirements - Requires the inclusion of additional information after FY 2000 in an annual report of the JCS Chairman on combatant command requirements.
(Sec. 1022) Directs the JCS Chairman to report semiannually to the defense and appropriations committees on activities of the Joint Requirements Oversight Council.
(Sec. 1023) Directs the Secretary to report to Congress on DOD preparedness of first responders with regard to incidents involving weapons of mass destruction on military installations.
(Sec. 1024) Revises the date for submission of certain reports on shortfalls within future-years defense programs in equipment procurement and military construction for the reserve components.
(Sec. 1025) Directs the CG to: (1) review the efficiency of each operation of the Defense Logistics Agency and Defense Information Systems Agency; and (2) report findings to the defense committees.
Subtitle E: Information Security - Directs the Secretary to: (1) establish an Institute for Defense Computer Security and Information Protection, with appropriate responsibilities; and (2) enter into a contract with a non-profit entity or consortium to organize and operate the Institute. Provides Institute funding through DOD O&M funds. Requires an implementation report from the Secretary to the defense and appropriations committees.
(Sec. 1042) Authorizes the Secretary, in order to encourage the recruitment and retention of DOD personnel with computer and network security skills necessary to meet DOD information assurance requirements, to establish a program to provide educational assistance to persons pursuing a program of education in such skills. Requires, in exchange for such assistance, that a person enter into a service agreement to either serve on active duty in a military department or to continue in the employment of a military department for a period of one year for each year that such assistance is provided. Requires a pro rata refund of assistance amounts for unserved periods. Makes the program inapplicable to the Coast Guard when not operating as a service in the Navy. Provides program funding from DOD O&M funds. Requires the Secretary to report to the defense and appropriations committees a plan for implementing an information security scholarship program.
(Sec. 1043) Directs the Secretary to prescribe a process for expediting the completion of background investigations necessary for granting security clearances for DOD personnel engaged in sensitive duties critical to the national security. Requires the Secretary to annually review and revise such process.
(Sec. 1044) Authorizes the national security official concerned (the Secretary of Defense with respect to DOD, the Secretary of Transportation with respect to the Coast Guard when not operating in the Navy, and the Secretary of Energy with respect to Department of Energy national security programs) to withhold from otherwise-required public disclosure certain sensitive information of foreign governments and international organizations if such official determines that the release of such information would have an adverse effect on the ability of the U.S. Government to obtain the same or similar information in the future. Provides limitations and exceptions.
(Sec. 1045) Authorizes the Secretary to withhold from public disclosure operational files of the Defense Intelligence Agency, subject to judicial review.
Subtitle F: Other Matters - Requests the President to issue a proclamation commemorating the 50th anniversary of the Uniform Code of Military Justice. Calls upon DOD, the armed forces, and the U.S. Court of Appeals for the Armed Forces to commemorate the occasion with appropriate ceremonies and activities.
(Sec. 1053) Authorizes the Secretary to allow a dependent of an employee of the American Red Cross performing armed forces emergency services in Puerto Rico to enroll in a DOD domestic dependent school in Puerto Rico. Requires reimbursement for such educational services.
(Sec. 1054) Authorizes the Secretary to make a grant to the American Red Cross for each of fiscal years 2001 through 2003 for support of the Armed Forces Emergency Services program. Requires Red Cross matching funds to support such program. Provides funding from DOD O&M funds.
(Sec. 1055) Directs the Secretary to establish a transit pass program for the transportation to and from work of DOD personnel who reside in areas that do not meet revised national ambient air quality standards provided under the Clean Air Act.
(Sec. 1056) Authorizes the Secretary of the Army, Navy, or Air Force to charge a fee for providing requested information from the United States Army Military History Institute, the United States Naval Historical Center or Marine Corps Historical Center, or the United States Air Force Military History Institute, respectively. Limits the fee to the actual cost of providing the information.
(Sec. 1057) Amends provisions concerning access by Federal agencies to individual criminal history information for national security purposes to authorize the Department of Transportation to request such information. Allows the use of such information to determine eligibility for: (1) acceptance or retention in the armed forces; or (2) appointment, retention, or assignment to a position of public trust or a critical or sensitive position while employed with the Federal Government or performing a Federal contract. Prohibits fees charged from exceeding actual costs. Prohibits a criminal justice agency providing such information from requiring the requester to enter into an indemnification agreement indemnifying the State or locality for damages or loss caused by the release of such information. Requires automated information delivery systems to be used to provide such information whenever possible.
(Sec. 1058) Expresses the sense of Congress that the CVN-77 aircraft carrier should be named the U.S.S. LEXINGTON to honor the men and women who served in the armed forces during World War II, as well as citizens on the home front who provided mobilization support.
(Sec. 1059) Directs the Secretary of the Army to convey to the Edward Dorr Tracey, Jr. Camp 18 of the Sons of the Confederate Veterans, a specified 12-pound Napoleon cannon.
(Sec. 1060) Revises the maximum size of parcel post packages transported overseas for military post offices.
Title XI: Department of Defense Civilian Personnel Policy - Authorizes the Secretary to provide assistive technology, devices, and services to DOD employees, organizations within DOD that have requirements to make programs or facilities accessible by the handicapped, and any other Federal department or agency requesting such technology, devices, or services. Provides funding from DOD O&M funds.
(Sec. 1102) Authorizes the payment of special pay for foreign language proficiency determined to be beneficial to U.S. national security interests.
(Sec. 1103) Increases from 492 to 517 the maximum authorized number of positions in the Defense Intelligence Senior Executive Service.
(Sec. 1104) Extends through FY 2010 the authority for tuition reimbursement and training for civilian employees in the defense acquisition workforce.
(Sec. 1105) Directs the Secretary to carry out a defense employees work safety demonstration program, requiring the use of private sector work safety models. Requires such program to be carried out: (1) at no fewer than two installations of each military department; and (2) in at least two defense agencies. Requires such program to commence within 180 days after enactment of this Act and to terminate on September 30, 2002. Requires a program interim and final report from the Secretary to the defense committees. Provides funding from DOD O&M funds.
(Sec. 1106) Outlines employment and compensation provisions for employees of temporary organizations (a commission, committee, board, or other organization with a duration of three years or less which is established by law or Executive Order to perform a specific project or study, and is terminated upon the completion of such project or study).
(Sec. 1107) Extends through FY 2005 the authority for DOD civilian employees to participate in voluntary reductions in force.
(Sec. 1108) Authorizes the head of a Federal agency to administer and maintain its performance appraisal systems electronically.
(Sec. 1109) Authorizes the Secretary to grant a cash award in excess of $10,000 without regard to certain Federal certification and approval requirements.
(Sec. 1110) Authorizes payment for accrued but unused leave for civil service mariners of the Military Sealift Command on temporary promotion aboard ship.
(Sec. 1111) Requires a DOD employee who is designated as an emergency essential employee to be insured under the Federal Employees Group Life Insurance program if such employee elects to be so insured within 60 days after such designation.
(Sec. 1112) Directs the Secretary to establish a pilot program to assess the extent to which the effectiveness and efficiency of the performance of civilian personnel services for DOD could be increased by conducting competitions for the performance of such services between the public and private sectors. Requires the Secretary to ensure that, in the case of conversion to private sector performance under the program, displaced Federal employees have the right of first refusal for such jobs. Requires the program to be conducted from October 1, 2000, through December 31, 2004. Requires a program report from the Secretary to the defense committees.
(Sec. 1113) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to: (1) extend until October 16, 2005, a program for the experimental use of special personnel management authority to facilitate the recruitment of experts in science or engineering for research and development projects administered by the Defense Advanced Research Projects Agency; (2) include under such program the recruitment of individuals for designated research and development projects from among the laboratories of each of the military departments; (3) limit the number of such appointments; and (4) extend a required annual report.
Title XII: Matters Relating to Other Nations - Authorizes the Secretary of the Navy to transfer, on either a combined lease-sale basis or grant basis, specified naval vessels to Australia, Brazil, Chile, Egypt, Greece, and Turkey. Prohibits the value of any of the transferred vessels from being counted against the aggregate value of excess defense articles authorized to be transferred to other countries under the Foreign Assistance Act of 1961. Requires transfer expenses to be borne by vessel recipients. Directs such Secretary, as a transfer condition, to require any needed vessel repair or refurbishment to be performed at a U.S. shipyard, including a Navy shipyard. Provides conditions for vessels transferred on a combined lease-sale basis. Authorizes appropriations into the Defense Vessels Transfer Program Account to cover costs connected with the lease-sale transfers. Terminates such transfer authority two years after the enactment of this Act.
(Sec. 1202) Limits to $15 million the total amount of FY 2001 DOD funds that may be used in support of United Nations-sponsored efforts to inspect and monitor Iraqi weapons activities under the Weapons of Mass Destruction Control Act of 1992. Extends through FY 2001 the authority to provide such support.
(Sec. 1203) Repeals a Federal provision prohibiting the Secretary from entering into military airlift agreements with allied countries under any authority other than that currently provided.
(Sec. 1204) Directs the Secretary to operate an education and training facility to be called the Western Hemisphere Institute for Professional Education and Training, under which professional education and training is provided to military and law enforcement personnel and civilians (whether or not employed by a government of the Western Hemisphere). Requires within the Institute's curriculum instruction on human rights, the rule of law, due process, civilian control of the military, and the role of the military in a democratic society. Establishes a Board of Visitors for the Institute to review its curriculum for compliance with such educational requirements. Requires an annual report from the Secretary to Congress on Institute activities. Repeals a provision authorizing the Secretary of the Army to operate the United States Army School of the Americas.
(Sec. 1205) Requires a semiannual report from the President to specified congressional committees on the contributions of European nations and organizations to peacekeeping operations in Kosovo.
(Sec. 1206) Authorizes the Secretary to accept funds, services, or property from a foreign government, international organization, or other entity for the development, procurement, installation, operation, maintenance, or repair of equipment for monitoring test explosions of nuclear devices, or for communications relating to the operation of such equipment. Authorizes the Secretary to assist a foreign government in monitoring such tests under limited conditions, including that the Secretary receive timely access to data collected, as well as access to such equipment for repair and maintenance.
(Sec. 1207) Requires an annual report from the Secretary to Congress on activities and assistance under Cooperative Threat Reduction (CTR) programs. Requires the CG to report to Congress an assessment of each report. Repeals superseded reporting requirements.
(Sec. 1208) Prohibits CTR funds for FY 2000 and thereafter from being used for construction of the Schuch'ye chemical weapons destruction facility in Russia until 30 days after the Secretary certifies to the defense committees that specified conditions have been met by Russia.
(Sec. 1209) Prohibits the obligation or expenditure of more than 50 percent of the funds authorized for the elimination of weapons grade plutonium until 30 days after the Secretary submits to the defense committees a report on an agreement between the United States and the Russian Federation regarding a new option for the shutdown or conversion of Russian reactors that produce such plutonium.
Title XIII: Navy Activities on the Island of Vieques, Puerto Rico - Authorizes the President to provide economic assistance for the people and communities of the island of Vieques, Puerto Rico, with a total limit of $40 million.
(Sec. 1302) Directs the President to conduct on the Island a referendum to determine whether the people approve or disapprove of the continuation of the conduct of Navy live-fire training and other training on the Island. Makes the referendum unnecessary if the Chief of Naval Operations and the Commandant of the Marine Corps jointly certify to the defense and appropriations committees that the Vieques Naval Training Range is no longer needed for training purposes. Limits live-fire training under the referendum to 90 days each year. States that if the referendum is approved, then the President may provide additional economic assistance of up to $50 million.
(Sec. 1304) Requires certain actions if either the referendum is not approved or there is a certification that such training is no longer necessary, including: (1) terminating all Navy and Marine Corps training operations on the Island; (2) terminating all Navy and Marine Corps activities at Roosevelt Roads, Puerto Rico, that are related to such training; (3) closing all DOD installations and facilities on the Island; and (4) a review by the CG of the continued use of Fort Buchanan by active Army forces (with a required report to the defense and appropriations committees).
(Sec. 1305) Makes non-transferable certain DOD property on the Island.
(Sec. 1306) Prohibits, with exceptions, any acquisition, construction, conversion, rehabilitation, extension, or improvement of any facility at Fort Buchanan, Puerto Rico, after the date of enactment of this Act.
(Sec. 1307) Directs the Secretary, except for non-transferable property, to transfer to the Secretary of the Interior all DOD properties on the western part of the Island that are identified as conservation zones.
(Sec. 1308) Directs the Secretary of the Interior, pending the enactment of an alternative law, to assume responsibility for administration of the Live Impact Area on the Island, and to deny public access to such Area.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2001 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 2000 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title.
(Sec. 2105) Amends the Military Construction Authorization Act for Fiscal Year 2000 to: (1) decrease the amount authorized for a construction project at Fort Stewart, Georgia; (2) cancel a construction project at Fort Riley, Kansas; and (3) increase the amount authorized for unspecified minor construction projects.
(Sec. 2106) Amends the Military Construction Authorization Act for Fiscal Year 1999 to increase amounts authorized for construction projects at Fort Hood, Texas, and Fort Riley, Kansas.
(Sec. 2107) Amends the Military Construction Authorization Act for Fiscal Year 1998 to increase the amount authorized for a construction project at Fort Stewart, Georgia.
(Sec. 2108) Authorizes the Secretary of the Army to accept funds from the Federal Highway Administration or the State of Kentucky for a military construction project involving a rail connector at Fort Campbell, Kentucky.
Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
(Sec. 2205) Authorizes the Secretary of the Navy to carry out a military construction project at the Marine Corps Combat Development Command, Quantico, Virginia, using funds authorized under a prior-year military construction authorization Act for a sanitary landfill at such facility.
Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI.
Title XXIV: Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes appropriations to DOD for fiscal years after 2000 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title.
(Sec. 2402) Authorizes the Secretary to carry out certain energy conservation projects.
Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization Security Investment Program and authorizes appropriations for fiscal years after 2000 for such purpose.
Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 2000 for the Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in Titles XXI through XXVI of this Act on October 1, 2003, or the date of enactment of an Act authorizing funds for military construction for FY 2004, whichever is later, with exceptions. Extends certain prior-year military construction projects.
Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Expresses the sense of Congress that in preparing the budget for a fiscal year, the Secretary should: (1) seek to identify military construction projects that are suitable as joint construction projects; and (2) identify and give priority to such projects. Directs the Secretary to include within each fiscal year budget a certification by each Secretary concerned that such Secretary evaluated the feasibility of carrying out projects as joint construction projects. Requires an annual report from the Secretary to the appropriate congressional committees on such projects.
(Sec. 2802) Excludes certain installation, maintenance, and repair costs from a spending limit on the improvement of military family housing.
(Sec. 2803) Removes certain limitations on housing space based on pay grade and directs the Secretary concerned to ensure that room patterns and floor areas are generally comparable to patterns and areas of similar housing units in the private sector in that locality.
(Sec. 2804) Amends provisions concerning the leasing of military family housing units at the United States Southern Command in Miami, Florida, to: (1) remove an annual $60,000 limit on individual housing lease costs; (2) allow such leases to extend for up to five years; and (3) require the Secretary of the Army to adjust the maximum annual limit on such leases by the amount of annual basic allowance for housing increase in the Miami area.
(Sec. 2805) Directs the Secretary concerned to use competitive procedures when entering into contracts under certain alternative authority for the acquisition or improvement of military housing. Allows a waiver of such requirement when such Secretary: (1) determines that such procedures would be inconsistent with the public interest; and (2) submits to Congress a written notification of such determination at least 30 days before entering into such a contract.
(Sec. 2806) Authorizes the Secretary concerned to furnish specified utilities and related services in connection with any military housing acquired or constructed pursuant to such alternative authority. Requires reimbursement for such utilities and services.
(Sec. 2807) Extends such alternative authority through February 10, 2004.
(Sec. 2808) Includes a military readiness center within the definition of an armory.
Subtitle B: Real Property and Facilities Administration - Increases from $200,000 to $500,000 the minor real property transaction threshold before certain congressional notification and reporting is required from the Secretary concerned.
(Sec. 2812) Amends provisions concerning the leasing of non-excess property of military departments to: (1) remove the requirement that such property is not currently needed for public use; (2) prohibit such leases from providing for the maintenance, protection, or restoration of such property; and (3) provide for the acceptance of additional in-kind consideration with regard to such leases, including environmental restoration. Adds additional requirements before the acceptance of in-kind consideration valued in excess of $500,000. Authorizes the use of lease proceeds for protection, alteration, improvement, or restoration of property or facilities, leasing of other facilities, or facilities operation support. (Currently, such uses are limited to maintenance, repair, and environmental restoration.) Requires at least 50 percent of lease proceeds to be used at the installation where the leased property is located. Prohibits the Secretary concerned from constructing or acquiring facilities valued in excess of $500,000 until 30 days after notifying the defense and appropriations committees of such construction or acquisition. Revises reporting dates with respect to such leases, and requires such reports to be submitted to the appropriations (currently, only defense) committees.
Authorizes the Secretary concerned to enter into agreements indemnifying any person or entity leasing such property from damage or loss resulting from: (1) the release or threatened release of any hazardous substance, pollutant or contaminant, petroleum or petroleum derivative, or unexploded ordnance as a result of DOD activities on the installation on which the leased property is located; and (2) any environmental remediation obligations required by any such release. Provides agreement provisions, conditions, and limitations.
(Sec. 2813) Provides limited authority for the Secretary concerned to use procedures other than competitive procedures for selecting conveyees of utility systems of a military department.
Subtitle C: Defense Base Closure and Realignment - Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to limit to the initial transfer of property the right of the Secretary to transfer at or below its estimated fair market value real and personal property located at a military installation to be closed or realigned.
Subtitle D: Land Conveyances - Part I: Army Conveyances - Authorizes the Secretary of the Army to convey to: (1) the Tri-City Regional Port District of Granite City, Illinois, the Charles Melvin Price Support Center, for a port facility and other public purposes; (2) the city of Pittsburgh, Pennsylvania, the Lieutenant General Malcolm Hay Army Reserve Center; (3) the Ellis School, Pittsburgh, Pennsylvania, the Colonel Harold E. Steele Army Reserve Center and Maintenance Shop; (4) the city of Seattle, Washington, specified real property at Fort Lawton, Washington, for inclusion in Seattle's Discovery Park; and (5) the city of Vancouver, Washington, the west barracks at Vancouver Barracks, for inclusion within the Vancouver National Historic Reserve.
Part II: Navy Conveyances - Amends the Military Construction Authorization Act for Fiscal Year 1990 and 1991 to modify a land conveyance with respect to the Marine Corps Air Station, El Toro, California.
(Sec. 2852) Amends the Military Construction Authorization Act for Fiscal Year 1995 to authorize the Secretary to replace the electric utility service removed during the course of environmental remediation at the Defense Fuel Supply Point, Casco Bay, Maine.
(Sec. 2853) Modifies a land conveyance at the former Naval Training Center in Bainbridge, Maryland, to allow the Secretary of the Navy to choose whether to receive consideration upon the further transfer of such property to the State of Maryland.
(Sec. 2854) Authorizes the Secretary of the Navy to convey to the State of Maine, or a subdivision or agency thereof, the Naval Computer and Telecommunications Station in Cutler, Maine.
Part III: Defense Agencies Conveyances - Authorizes the Secretary to convey the Army and Air Force Exchange Service in Farmers Branch, Texas, requiring a cash payment equal to the fair market value of such property. Requires a report from the Secretary to the defense and appropriations committees following such conveyance.
Subtitle E: Other Matters - Designates the Army missile testing range at Kwajalein Atoll in the Marshall Islands as the Ronald Reagan Ballistic Missile Defense Test Site at Kwajalein Atoll.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI(sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 2001 for operating expenses, capital equipment, and plant projects necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) defense nuclear nonproliferation; (3) naval reactors activities; (4) defense environmental restoration and waste management; (5) other defense activities; (6) defense environmental management privatization activities; (7) an energy employees compensation initiative; and (8) defense nuclear waste disposal.
Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized; or (2) programs which have not been presented to, or requested of, Congress until the Secretary of Energy (Secretary, for purposes of this Division) transmits to the defense and appropriations committees a full statement of the action proposed and 30 days have since expired.
(Sec. 3122) Places certain funding limits for general plant and construction projects of DOE. Requires congressional reports when amounts exceed such limits.
(Sec. 3124) Authorizes the Secretary to transfer DOE-authorized funds: (1) to other Federal agencies for the performance of work for which such funds were authorized; or (2) between authorizations within DOE, to be merged with and available for the same purposes. Requires congressional notification to the defense committees of any such transfer.
(Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding requests for designs for which the estimated cost exceeds $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount.
(Sec. 3126) Authorizes the use of DOE funds for planning, design, or construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense and appropriations committees when funds are so used.
(Sec. 3127) Makes amounts appropriated pursuant to this title for management and support activities and for general plant projects available for use in connection with all DOE national security programs.
(Sec. 3129) Directs the Secretary, during FY 2001, to empower each DOE field office manager with the authority to transfer defense environmental management funds from a program or project under such office's jurisdiction to another program or project in order to address a risk to health, safety, or the environment or to assure the most efficient use of such funds at that field office. Limits such transfer to a total of $5 million per fiscal year. Directs the Secretary to notify Congress within 30 days after any such transfer.
Subtitle C: National Nuclear Security Administration - Mandates a three-year term of office for the person first appointed to the position of Under Secretary for Nuclear Security of the Department of Energy. Limits the reasons for removal from such position to inefficiency, neglect of duty, or malfeasance in office. Includes such Under Secretary as a member of the Joint Nuclear Weapons Council.
(Sec. 3133) Amends the National Nuclear Security Administration Act to specifically limit the authority of the Secretary to establish, alter, or discontinue any unit of the National Nuclear Security Administration (Administration) to that provided under such Act.
(Sec. 3134) Amends the above Act to prohibit any DOE funds made available after FY 2000 from being obligated or expended to pay an officer or employee of DOE who: (1) serves concurrently in a position within and outside such Administration; or (2) performs concurrently the duties of a position within and outside such Administration.
(Sec. 3135) Requires the Administrator of such Administration to submit to the defense committees a plan for assigning roles and responsibilities to and among the headquarters and field organizational units of the Administration.
(Sec. 3136) Requires the Under Secretary for Nuclear Security to submit to the defense and appropriations committees a future-years nuclear security program for FY 2001 and the five succeeding fiscal years. Outlines the required level of detail of such program. Requires such program to be submitted by November 1, 2000. Limits the use of certain funds pending submission of such program and a waiting period of 45 days thereafter.
(Sec. 3137) States as an objective of the Administration to obligate certain percentages of the total funds appropriated for the Administration for cooperative research and development agreements or similar cooperative, cost-shared partnerships with non-Federal organizations. Requires the Administrator to report to the defense and appropriations committees recommending the appropriate percentages for such funding during each fiscal year. Requires follow-up reports on whether such funding objectives were achieved.
Subtitle D: Program Authorizations, Restrictions, and Limitations - Directs the Secretary to continue operations and to maintain a high state of readiness at the F- and H-canyon facilities at the Savannah River Site, South Carolina, and to provide technical staff necessary to maintain such facilities. Prohibits any DOE funds from being used to decommission the F-facility until the Secretary and the Defense Nuclear Facilities Safety Board jointly submit to the defense and appropriations committees a certification concerning the stability of materials and that future needs can be met utilizing only the H-facility. Directs the Secretary to submit to the defense committees a plan for the transfer of all long-term chemical separation activities from the F- to the H-facility.
(Sec. 3152) Prohibits, as of March 1, 2001, any DOE funds from being used for travel expenses by the Secretary or any employees of the Office of the Secretary unless the Secretary certifies to the defense and appropriations committees that DOE is in compliance with certain requirements prohibiting the use of funds for treatment, storage, or disposal activities at formerly used defense sites.
(Sec. 3153) Directs the Secretary to report annually to the defense committees on the status of efforts to secure weapons-usable nuclear materials in Russia that have been identified as being at risk for theft or diversion. Prohibits FY 2001 funds for the Nuclear Cities Initiative from being obligated or expended until 30 days after the Secretary submits to the defense committees a copy of an agreement between Russia and the United States which provides that Russia will close some of its facilities engaged in nuclear weapons assembly and disassembly work. Provides a further Nuclear Cities Initiative funding limitation until the Secretary establishes and implements project review procedures for Initiative projects. Requires a report to the defense committees on such procedures.
(Sec. 3154) Amends the Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999 to include within the counterintelligence polygraph requirements of such Act certain individuals involved in or applying for high-risk positions, as specified under the Code of Federal Regulations. Authorizes the Secretary to waive the polygraph requirements if: (1) the Secretary determines the waiver to be in the national security interests; (2) the covered person has been previously granted a security clearance; and (3) the covered person acknowledges in writing that such requirements must be met after the expiration of the waiver. Allows such a waiver if: (1) another Federal agency certifies that the covered person has successfully completed a full scope of such an examination during a five-year period prior to such certification; or (2) the Secretary determines that the treatment of a medical or psychological condition should preclude the administration of such polygraph. Limits any waiver to 120 days. Includes as authorized examination questions those concerning terrorism and deliberate damage to or malicious use of a U.S. Government information or defense system.
(Sec. 3155) Authorizes the Secretary to provide certain incentives to an individual who: (1) is a Federal employee who has worked continuously at a closure facility for at least two years; (2) has a fully satisfactory or equivalent performance rating; and (3) meets any other required incentive conditions as determined by the Secretary. Includes among such incentives: (1) the right to accumulate annual leave (with limitations); (2) the right to be paid a retention bonus; (3) an administrative detail; and (4) the right to receive a voluntary separation incentive payment. Requires such employee to enter into an agreement to remain in such employment until a date to be determined by the Secretary, in return for the receipt of one of more of the incentives. Authorizes the Secretary to waive the agreement requirement for good cause shown. Requires a report on such incentives by the Secretary as part of a required annual report under a prior defense authorization Act. Terminates the authority for such incentives at the end of FY 2011.
Authorizes the head of an executive agency to detail within such agency, within another executive agency, or to a non-Federal employer an employee who has been identified as being, or likely to become, a surplus or displaced employee.
Provides temporary health care coverage for employees who are voluntarily or involuntarily separated from DOE by reason of a closure project.
Subtitle E: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 2002 the authority of the Secretary to appoint up to 200 positions in DOE for scientific, engineering, and technical personnel whose duties will relate to safety at defense nuclear facilities.
(Sec. 3172) Amends the National Defense Authorization Act for Fiscal Year 1996 to require biennial updates of a report concerning DOE nuclear test readiness postures, and to require certain additional information in such reports.
(Sec. 3173) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to require the Secretary on a quarterly basis (currently, only 30 days after an inadvertent release) to notify specified committees and the Assistant to the President for National Security Affairs of the inadvertent release of records containing restricted or formerly restricted data during the automatic declassification of records.
(Sec. 3174) Requires any certification submitted to the President by the Secretaries of Energy or Defense concerning the safety or reliability of a nuclear weapon type in the U.S. nuclear weapons stockpile to be submitted in classified form only.
(Sec. 3175) Allows the Secretary to authorize the plant manager of a covered nuclear weapons production plant to engage in research, development, and demonstration activities to maintain and enhance the engineering and manufacturing capabilities at such plant. Provides funding from DOE national security programs funds. Includes as covered plants those in Kansas City, Missouri, Oak Ridge, Tennessee, and Amarillo, Texas.
(Sec. 3176) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to authorize the Federal waiver of a license from a DOE laboratory to a party to have such party practice an invention discovered in a DOE laboratory by or on behalf of the Government when the designated official finds that the retention of such license would substantially inhibit the commercialization of an invention that would otherwise serve an important Federal mission. Terminates such waiver authority five years after the enactment of this Act.
(Sec. 3177) Authorizes the Secretary to present a certificate of commendation to any current or former DOE employee, or current or former employee of a DOE contractor, whose service in matters relating to stockpile stewardship and security assisted DOE in furthering U.S. national security interests.
Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 2001 for the Defense Nuclear Facilities Safety Board.
Title XXXIII: Naval Petroleum Reserves - Amends Federal provisions concerning the naval petroleum reserves to: (1) remove a requirement that the Secretary sell such petroleum at a price equal to at least 90 percent of comparable petroleum in the same area; (2) remove Naval Petroleum Reserve Number 1 from inclusion in any price requirements; and (3) repeal provisions authorizing the Secretary to enter into cooperative plans for the exploration, development, use, and operation of lands inside Naval Petroleum Reserve Number 1.
Title XXXIV: National Defense Stockpile - Authorizes the National Defense Stockpile (NDS) Manager, during FY 2001, to obligate up to $75 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 3402) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to increase the authorized receipts for NDS disposals occurring by the end of FY 2002, 2003, and 2005.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2549 Placed on Calendar Senate (PCS)]
Calendar No. 543
106th CONGRESS
2d Session
S. 2549
[Report No. 106-292]
To authorize appropriations for fiscal year 2001 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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2000
Mr. Warner, from the Committee on Armed Services, reported, under
authority of the order of the Senate of May 11th, 2000, the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2001 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2001''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(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
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
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 demilitarization program.
Sec. 107. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for certain programs.
Sec. 112. Reports and limitations relating to Army transformation.
Subtitle C--Navy Programs
Sec. 121. CVNX-1 nuclear aircraft carrier program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Virginia class submarine program.
Sec. 124. ADC(X) ship program.
Sec. 125. Refueling and complex overhaul program of the CVN-69 nuclear
aircraft carrier.
Subtitle D--Air Force Programs
Sec. 131. Repeal of requirement for annual report on B-2 bomber
aircraft program.
Subtitle E--Other Matters
Sec. 141. Pueblo Chemical Depot chemical agent and munitions
destruction technologies.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Fiscal year 2002 joint field experiment.
Sec. 212. Nuclear aircraft carrier design and production modeling.
Sec. 213. DD-21 class destroyer program.
Sec. 214. F-22 aircraft program.
Sec. 215. Joint strike fighter program.
Sec. 216. Global Hawk high altitude endurance unmanned aerial vehicle.
Sec. 217. Unmanned advanced capability aircraft and ground combat
vehicles.
Sec. 218. Army space control technology development.
Sec. 219. Russian American observation satellites program.
Sec. 220. Joint biological defense program.
Sec. 221. Report on biological warfare defense vaccine research and
development programs.
Subtitle C--Other Matters
Sec. 241. Mobile offshore base.
Sec. 242. Air Force science and technology planning.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Impact aid for children with disabilities.
Sec. 312. Joint warfighting capabilities assessment teams.
Subtitle C--Humanitarian and Civic Assistance
Sec. 321. Increased authority to provide health care services as
humanitarian and civic assistance.
Sec. 322. Use of humanitarian and civic assistance funding for pay and
allowances of Special Operations Command
Reserves furnishing demining training and
related assistance as humanitarian
assistance.
Subtitle D--Department of Defense Industrial Facilities
Sec. 331. Codification and improvement of armament retooling and
manufacturing support programs.
Sec. 332. Centers of Industrial and Technical Excellence.
Sec. 333. Effects of outsourcing on overhead costs of Centers of
Industrial and Technical Excellence and
ammunition plants.
Sec. 334. Revision of authority to waive limitation on performance of
depot-level maintenance.
Subtitle E--Environmental Provisions
Sec. 341. Environmental restoration accounts.
Sec. 342. Payment of fines and penalties for environmental compliance
violations.
Sec. 343. Annual reports under Strategic Environmental Research and
Development Program.
Sec. 344. Modification of authority for indemnification of transferees
of closing defense property.
Sec. 345. Payment of fines or penalties imposed for environmental
compliance violations at certain Department
of Defense facilities.
Sec. 346. Reimbursement for certain costs in connection with the Former
Nansemond Ordnance Depot Site, Suffolk,
Virginia.
Sec. 347. Environmental restoration activities.
Sec. 348. Ship disposal project.
Sec. 349. Report on Defense Environmental Security Corporate
Information Management program.
Sec. 350. Report on Plasma Energy Pyrolysis System.
Subtitle F--Other Matters
Sec. 361. Effects of worldwide contingency operations on readiness of
certain military aircraft and equipment.
Sec. 362. Realistic budgeting for readiness requirements of the Army.
Sec. 363. Additions to plan for ensuring visibility over all in-transit
end items and secondary items.
Sec. 364. Performance of emergency response functions at chemical
weapons storage installations.
Sec. 365. Congressional notification of use of radio frequency spectrum
by a system entering engineering and
manufacturing development.
Sec. 366. Monitoring of value of performance of Department of Defense
functions by workforces selected from
between public and private workforces.
Sec. 367. Suspension of reorganization of Naval Audit Service.
Sec. 368. Investment of commissary trust revolving fund.
Sec. 369. Economic procurement of distilled spirits.
Sec. 370. Resale of armor-piercing ammunition disposed of by the Army.
Sec. 371. Damage to aviation facilities caused by alkali silica
reactivity.
Sec. 372. Reauthorization of pilot program for acceptance and use of
landing fees charged for use of domestic
military airfields by civil aircraft.
Sec. 373. Reimbursement by civil air carriers for support provided at
Johnston Atoll.
Sec. 374. Review of costs of maintaining historical properties.
Sec. 375. Extension of authority to sell certain aircraft for use in
wildfire suppression.
Sec. 376. Overseas airlift service on Civil Reserve Air Fleet aircraft.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2001 limitation on non-dual status technicians.
Sec. 415. Increase in numbers of members in certain grades authorized
to be on active duty in support of the
reserves.
Subtitle C--Other Matters Relating to Personnel Strengths
Sec. 421. Suspension of strength limitations during war or national
emergency.
Sec. 422. Exclusion of certain reserve component members on active duty
for more than 180 days from active
component end strengths.
Sec. 423. Exclusion of Army and Air Force medical and dental officers
from limitation on strengths of reserve
commissioned officers in grades below
brigadier general.
Sec. 424. Authority for temporary increases in number of reserve
personnel serving on active duty or full-
time National Guard duty in certain grades.
Sec. 425. Temporary exemption of Director of the National Security
Agency from limitations on number of Air
Force officers above major general.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Eligibility of Army Reserve colonels and brigadier generals
for position vacancy promotions.
Sec. 502. Promotion zones for Coast Guard Reserve officers.
Sec. 503. Time for release of officer promotion selection board
reports.
Sec. 504. Clarification of authority for posthumous commissions and
warrants.
Sec. 505. Inapplicability of active-duty list promotion, separation,
and involuntary retirement authorities to
reserve general and flag officers serving
in certain positions designated for reserve
officers by the Chairman of the Joint
Chiefs of Staff.
Sec. 506. Review of actions of selection boards.
Sec. 507. Extension to all Air Force biomedical sciences officers of
authority to retain until specified age.
Sec. 508. Termination of application requirement for consideration of
officers for continuation on the Reserve
Active-Status List.
Sec. 509. Technical corrections relating to retired grade of reserve
commissioned officers.
Sec. 510. Grade of chiefs of reserve components and directors of
National Guard components.
Subtitle B--Joint Officer Management
Sec. 521. Joint specialty designations and additional identifiers.
Sec. 522. Promotion objectives.
Sec. 523. Education.
Sec. 524. Length of joint duty assignment.
Sec. 525. Annual report to Congress.
Sec. 526. Multiple assignments considered as single joint duty
assignment.
Sec. 527. Joint duty requirement for promotion to one-star grades.
Subtitle C--Education and Training
Sec. 541. Eligibility of children of Reserves for presidential
appointment to service academies.
Sec. 542. Selection of foreign students to receive instruction at
service academies.
Sec. 543. Repeal of contingent funding increase for Junior Reserve
Officers Training Corps.
Sec. 544. Revision of authority for Marine Corps Platoon Leaders Class
Tuition Assistance Program.
Subtitle D--Matters Relating to Recruiting
Sec. 551. Army recruiting pilot programs.
Sec. 552. Enhancement of the joint and service recruitment market
research and advertising programs.
Sec. 553. Access to secondary schools for military recruiting purposes.
Subtitle E--Other Matters
Sec. 561. Authority for award of Medal of Honor to certain specified
persons.
Sec. 562. Waiver of time limitations for award of certain decorations
to certain persons.
Sec. 563. Ineligibility for involuntary separation pay upon declination
of selection for continuation on active
duty.
Sec. 564. Recognition by States of military testamentary instruments.
Sec. 565. Sense of Congress on the court-martial conviction of Captain
Charles Butler McVay, Commander of the
U.S.S. Indianapolis, and on the courageous
service of its crew.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2001.
Sec. 602. Corrections for basic pay tables.
Sec. 603. Pay in lieu of allowance for funeral honors duty.
Sec. 604. Clarification of service excluded in computation of
creditable service as a Marine Corps
officer.
Sec. 605. Calculation of basic allowance for housing.
Sec. 606. Eligibility of members in grade E-4 to receive basic
allowance for housing while on sea duty.
Sec. 607. Personal money allowance for the senior enlisted members of
the Armed Forces.
Sec. 608. Increased uniform allowances for officers.
Sec. 609. Cabinet-level authority to prescribe requirements and
allowance for clothing of enlisted members.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 612. Extension of certain bonuses and special pay authorities for
nurse officer candidates, registered
nurses, and nurse anesthetists.
Sec. 613. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 614. Consistency of authorities for special pay for reserve
medical and dental officers.
Sec. 615. Special pay for physician assistants of the Coast Guard.
Sec. 616. Authorization of special pay and accession bonus for pharmacy
officers.
Sec. 617. Correction of references to Air Force veterinarians.
Sec. 618. Entitlement of active duty officers of the Public Health
Service Corps to special pays and bonuses
of health professional officers of the
Armed Forces.
Sec. 619. Career sea pay.
Sec. 620. Increased maximum rate of special duty assignment pay.
Sec. 621. Expansion of applicability of authority for critical skills
enlistment bonus to include all Armed
Forces.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Advance payments for temporary lodging of members and
dependents.
Sec. 632. Incentive for shipping and storing household goods in less
than average weights.
Sec. 633. Expansion of funded student travel.
Sec. 634. Benefits for members not transporting personal motor vehicles
overseas.
Subtitle D--Retirement Benefits
Sec. 641. Exception to high-36 month retired pay computation for
members retired following a disciplinary
reduction in grade.
Sec. 642. Automatic participation in reserve component Survivor Benefit
Plan unless declined with spouse's consent.
Sec. 643. Participation in Thrift Savings Plan.
Sec. 644. Retirement from active reserve service performed after
regular retirement.
Sec. 645. Same treatment for Federal judges as for other Federal
officials regarding payment of military
retired pay.
Subtitle E--Other Matters
Sec. 651. Reimbursement of recruiting and ROTC personnel for parking
expenses.
Sec. 652. Extension of deadline for filing claims associated with
capture and internment of certain persons
by North Vietnam.
Sec. 653. Settlement of claims for payments for unused accrued leave
and for retired pay.
Sec. 654. Eligibility of certain members of the Individual Ready
Reserve for Servicemembers' Group Life
Insurance.
Sec. 655. Authority to pay gratuity to certain veterans of Bataan and
Corregidor.
TITLE VII--HEALTH CARE
Subtitle A--Senior Health Care
Sec. 701. Extension of TRICARE Senior Supplement demonstration program.
Sec. 702. TRICARE Senior Prime demonstration program.
Sec. 703. Extension and expansion of demonstration project for
participation of uniformed services
personnel in the Federal Employees Health
Benefits program.
Sec. 704. Implementation of redesigned pharmacy system.
Subtitle B--TRICARE Program
Sec. 711. Additional beneficiaries under TRICARE Prime Remote program
in CONUS.
Sec. 712. Elimination of copayments for immediate family.
Sec. 713. Improvement in business practices in the administration of
the TRICARE program.
Subtitle C--Joint Initiatives With Department of Veterans Affairs
Sec. 721. Tracking patient safety in military and veterans health care
systems.
Sec. 722. Pharmaceutical identification technology.
Sec. 723. Medical informatics.
Subtitle D--Other Matters
Sec. 731. Permanent authority for certain pharmaceutical benefits.
Sec. 732. Provision of domiciliary and custodial care for CHAMPUS
beneficiaries.
Sec. 733. Medical and dental care for Medal of Honor recipients and
their dependents.
Sec. 734. School-required physical examinations for certain minor
dependents.
Sec. 735. Two-year extension of dental and medical benefits for
surviving dependents of certain deceased
members.
Sec. 736. Extension of authority for contracts for medical services at
locations outside medical treatment
facilities.
Sec. 737. Transition of chiropractic health care demonstration program
to permanent status.
Sec. 738. Use of information technology for enhancement of delivery of
administrative services under the Defense
Health Program.
Sec. 739. Patient care reporting and management system.
Sec. 740. Health care management demonstration program.
Sec. 741. Studies of accrual financing for health care for military
retirees.
Sec. 742. Augmentation of Army Medical Department by reserve officers
of the Public Health Service.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 801. Improvements in procurements of services.
Sec. 802. Addition of threshold value requirement for applicability of
a reporting requirement relating to
multiyear contract.
Sec. 803. Planning for the acquisition of information systems.
Sec. 804. Tracking of information technology purchases.
Sec. 805. Repeal of requirement for contractor assurances regarding the
completeness, accuracy, and contractual
sufficiency of technical data provided by
the contractor.
Sec. 806. Extension of authority for Department of Defense acquisition
pilot programs.
Sec. 807. Clarification and extension of authority to carry out certain
prototype projects.
Sec. 808. Clarification of authority of Comptroller General to review
records of participants in certain
prototype projects.
Sec. 809. Eligibility of small business concerns owned and controlled
by women for assistance under the Mentor-
Protege Program.
Sec. 810. Navy-Marine Corps intranet acquisition.
Sec. 811. Qualifications required for employment and assignment in
contracting positions.
Sec. 812. Defense acquisition and support workforce.
Sec. 813. Financial analysis of use of dual rates for quantifying
overhead costs at Army industrial
facilities.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Repeal of limitation on major Department of Defense
headquarters activities personnel.
Sec. 902. Overall supervision of Department of Defense activities for
combating terrorism.
Sec. 903. National Defense Panel 2001.
Sec. 904. Quadrennial National Defense Panel.
Sec. 905. Inspector General investigations of prohibited personnel
actions.
Sec. 906. Network centric warfare.
Sec. 907. Additional duties for the Commission To Assess United States
National Security Space Management and
Organization.
Sec. 908. Special authority for administration of Navy Fisher Houses.
Sec. 909. Organization and management of the Civil Air Patrol.
Sec. 910. Responsibility for the National Guard Challenge Program.
Sec. 911. Supervisory control of Armed Forces Retirement Home Board by
Secretary of Defense.
Sec. 912. Consolidation of certain Navy gift funds.
Sec. 913. Temporary authority to dispose of a gift previously accepted
for the Naval Academy.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Authorization of emergency supplemental appropriations for
fiscal year 2000.
Sec. 1003. United States contribution to NATO common-funded budgets in
fiscal year 2001.
Sec. 1004. Annual OMB/CBO joint report on scoring of budget outlays.
Sec. 1005. Prompt payment of contract vouchers.
Sec. 1006. Repeal of certain requirements relating to timing of
contract payments.
Sec. 1007. Plan for prompt posting of contractual obligations.
Sec. 1008. Plan for electronic submission of documentation supporting
claims for contract payments.
Sec. 1009. Administrative offsets for overpayment of transportation
costs.
Subtitle B--Counter-Drug Activities
Sec. 1011. Extension and increase of authority to provide additional
support for counter-drug activities.
Sec. 1012. Recommendations on expansion of support for counter-drug
activities.
Sec. 1013. Review of riverine counter-drug program.
Subtitle C--Strategic Forces
Sec. 1015. Revised nuclear posture review.
Sec. 1016. Plan for the long-term sustainment and modernization of
United States strategic nuclear forces.
Sec. 1017. Correction of scope of waiver authority for limitation on
retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1018. Report on the defeat of hardened and deeply buried targets.
Subtitle D--Miscellaneous Reporting Requirements
Sec. 1021. Annual report of the Chairman of the Joint Chiefs of Staff
on combatant command requirements.
Sec. 1022. Semiannual report on Joint Requirements Oversight Council.
Sec. 1023. Preparedness of military installation first responders for
incidents involving weapons of mass
destruction.
Sec. 1024. Date of submittal of reports on shortfalls in equipment
procurement and military construction for
the reserve components in future-years
defense programs.
Sec. 1025. Management review of Defense Logistics Agency.
Sec. 1026. Management review of Defense Information Systems Agency.
Subtitle E--Information Security
Sec. 1041. Institute for Defense Computer Security and Information
Protection.
Sec. 1042. Information security scholarship program.
Sec. 1043. Process for prioritizing background investigations for
security clearances for Department of
Defense personnel.
Sec. 1044. Authority to withhold certain sensitive information from
public disclosure.
Sec. 1045. Protection of operational files of the Defense Intelligence
Agency.
Subtitle F--Other Matters
Sec. 1051. Commemoration of the fiftieth anniversary of the Uniform
Code of Military Justice.
Sec. 1052. Technical corrections.
Sec. 1053. Eligibility of dependents of American Red Cross employees
for enrollment in Department of Defense
domestic dependent schools in Puerto Rico.
Sec. 1054. Grants to American Red Cross for Armed Forces emergency
services.
Sec. 1055. Transit pass program for certain Department of Defense
personnel.
Sec. 1056. Fees for providing historical information to the public.
Sec. 1057. Access to criminal history record information for national
security purposes.
Sec. 1058. Sense of Congress on the naming of the CVN-77 aircraft
carrier.
Sec. 1059. Donation of Civil War cannon.
Sec. 1060. Maximum size of parcel post packages transported overseas
for Armed Forces post offices.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
Sec. 1101. Computer/electronic accommodations program.
Sec. 1102. Additional special pay for foreign language proficiency
beneficial for United States national
security interests.
Sec. 1103. Increased number of positions authorized for the Defense
Intelligence Senior Executive Service.
Sec. 1104. Extension of authority for tuition reimbursement and
training for civilian employees in the
defense acquisition workforce.
Sec. 1105. Work safety demonstration program.
Sec. 1106. Employment and compensation of employees for temporary
organizations established by law or
Executive order.
Sec. 1107. Extension of authority for voluntary separations in
reductions in force.
Sec. 1108. Electronic maintenance of performance appraisal systems.
Sec. 1109. Approval authority for cash awards in excess of $10,000.
Sec. 1110. Leave for crews of certain vessels.
Sec. 1111. Life insurance for emergency essential Department of Defense
employees.
Sec. 1112. Civilian personnel services public-private competition pilot
program.
Sec. 1113. Extension, expansion, and revision of authority for
experimental personnel program for
scientific and technical personnel.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Authority to transfer naval vessels to certain foreign
countries.
Sec. 1202. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
Sec. 1203. Repeal of restriction preventing cooperative airlift support
through acquisition and cross-servicing
agreements.
Sec. 1204. Western Hemisphere Institute for Professional Education and
Training.
Sec. 1205. Biannual report on Kosovo peacekeeping.
Sec. 1206. Mutual assistance for monitoring test explosions of nuclear
devices.
Sec. 1207. Annual report on activities and assistance under Cooperative
Threat Reduction programs.
Sec. 1208. Limitation on use of funds for construction of a Russian
facility for the destruction of chemical
weapons.
Sec. 1209. Limitation on use of funds for Elimination of Weapons Grade
Plutonium Program.
TITLE XIII--NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO
Sec. 1301. Assistance for economic growth on Vieques.
Sec. 1302. Requirement for referendum on continuation of Navy training.
Sec. 1303. Actions if training is approved.
Sec. 1304. Requirements if training is not approved or mandate for
referendum is vitiated.
Sec. 1305. Exempt property.
Sec. 1306. Moratorium on improvements at Fort Buchanan.
Sec. 1307. Property transferred to Secretary of the Interior.
Sec. 1308. Live Impact Area.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2000 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
1999 projects.
Sec. 2107. Modification of authority to carry out fiscal year 1998
project.
Sec. 2108. Authority to accept funds for realignment of certain
military construction project, Fort
Campbell, Kentucky.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Correction in authorized use of funds, Marine Corps Combat
Development Command, Quantico, Virginia.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1998
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1997
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Joint use military construction projects.
Sec. 2802. Exclusion of certain costs from determination of
applicability of limitation on use of funds
for improvement of family housing.
Sec. 2803. Replacement of limitations on space by pay grade of military
family housing with requirement for local
comparability of military family housing.
Sec. 2804. Modification of lease authority for high-cost military
family housing.
Sec. 2805. Applicability of competition policy to alternative authority
for acquisition and improvement of military
housing.
Sec. 2806. Provision of utilities and services under alternative
authority for acquisition and improvement
of military housing.
Sec. 2807. Extension of alternative authority for acquisition and
improvement of military housing.
Sec. 2808. Inclusion of readiness center in definition of armory for
purposes of construction of reserve
component facilities.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Increase in threshold for reports to Congress on real
property transactions.
Sec. 2812. Enhancements of military lease authority.
Sec. 2813. Expansion of procedures for selection of conveyees under
authority to convey utility systems.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Scope of agreements to transfer property to redevelopment
authorities without consideration under the
base closure laws.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Land conveyance, Charles Melvin Price Support Center,
Illinois.
Sec. 2832. Land conveyance, Lieutenant General Malcolm Hay Army Reserve
Center, Pittsburgh, Pennsylvania.
Sec. 2833. Land conveyance, Colonel Harold E. Steele Army Reserve
Center and maintenance shop, Pittsburgh,
Pennsylvania.
Sec. 2834. Land conveyance, Fort Lawton, Washington.
Sec. 2835. Land conveyance, Vancouver Barracks, Washington.
Part II--Navy Conveyances
Sec. 2851. Modification of land conveyance, Marine Corps Air Station,
El Toro, California.
Sec. 2852. Modification of land conveyance, Defense Fuel Supply Point,
Casco Bay, Maine.
Sec. 2853. Modification of land conveyance authority, former Naval
Training Center, Bainbridge, Cecil County,
Maryland.
Sec. 2854. Land conveyance, Naval Computer and Telecommunications
Station, Cutler, Maine.
Part III--Defense Agencies Conveyances
Sec. 2871. Land conveyance, Army and Air Force Exchange Service
property, Farmers Branch, Texas.
Subtitle E--Other Matters
Sec. 2881. Naming of Army missile testing range at Kwajalein Atoll as
the Ronald Reagan Ballistic Missile Test
Site at Kwajalein Atoll.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Energy employees compensation initiative.
Sec. 3106. Defense nuclear waste disposal.
Sec. 3107. Interim storage activities.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfer of defense environmental management funds.
Subtitle C--National Nuclear Security Administration
Sec. 3131. Term of office of person first appointed as Under Secretary
for Nuclear Security of the Department of
Energy.
Sec. 3132. Membership of Under Secretary for Nuclear Security on the
Joint Nuclear Weapons Council.
Sec. 3133. Scope of authority of Secretary of Energy to modify
organization of National Nuclear Security
Administration.
Sec. 3134. Prohibition on pay of personnel engaged in concurrent
service or duties inside and outside
National Nuclear Security Administration.
Sec. 3135. Organization plan for field offices of the National Nuclear
Security Administration.
Sec. 3136. Future-years nuclear security program.
Sec. 3137. Cooperative research and development of the National Nuclear
Security Administration.
Subtitle D--Program Authorizations, Restrictions, and Limitations
Sec. 3151. Processing, treatment, and disposition of legacy nuclear
materials.
Sec. 3152. Formerly Utilized Sites Remedial Action Program.
Sec. 3153. Department of Energy defense nuclear nonproliferation
programs.
Sec. 3154. Modification of counterintelligence polygraph program.
Sec. 3155. Employee incentives for employees at closure project
facilities.
Subtitle E--Other Matters
Sec. 3171. Extension of authority for appointment of certain
scientific, engineering, and technical
personnel.
Sec. 3172. Updates of report on nuclear test readiness postures.
Sec. 3173. Frequency of reports on inadvertent releases of Restricted
Data and Formerly Restricted Data.
Sec. 3174. Form of certifications regarding the safety or reliability
of the nuclear weapons stockpile.
Sec. 3175. Engineering and manufacturing research, development, and
demonstration by plant managers of certain
nuclear weapons production plants.
Sec. 3176. Cooperative research and development agreements for
government-owned, contractor-operated
laboratories.
Sec. 3177. Commendation of Department of Energy and contractor
employees for exemplary service in
stockpile stewardship and security.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Defense Nuclear Facilities Safety Board.
TITLE XXXIII--NAVAL PETROLEUM RESERVES
Sec. 3301. Minimum price of petroleum sold from the naval petroleum
reserves.
Sec. 3302. Repeal of authority to contract for cooperative or unit
plans affecting Naval Petroleum Reserve
Numbered 1.
TITLE XXXIV--NATIONAL DEFENSE STOCKPILE
Sec. 3401. Authorized uses of stockpile funds.
Sec. 3402. Increased receipts under prior disposal authority.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2001
for procurement for the Army as follows:
(1) For aircraft, $1,749,662,000.
(2) For missiles, $1,382,328,000.
(3) For weapons and tracked combat vehicles,
$2,115,138,000.
(4) For ammunition, $1,224,323,000.
(5) For other procurement, $4,068,570,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2001 for procurement for the Navy as follows:
(1) For aircraft, $8,745,958,000.
(2) For weapons, including missiles and torpedoes, $
1,479,950,000.
(3) For shipbuilding and conversion, $12,900,076,000.
(4) For other procurement, $3,378,311,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2001 for procurement for the Marine Corps in the amount
of $1,181,035,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2001 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $496,749,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2001
for procurement for the Air Force as follows:
(1) For aircraft, $9,968,371,000.
(2) For ammunition, $666,808,000.
(3) For missiles, $3,005,915,000.
(4) For other procurement, $7,724,527,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2001
for Defense-wide procurement in the amount of $2,184,608,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2001
for procurement for the Inspector General of the Department of Defense
in the amount of $3,300,000.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 2001
the amount of $1,003,500,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 107. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 2001
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $290,006,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR CERTAIN PROGRAMS.
(a) Authority.--Beginning with the fiscal year 2001 program year,
the Secretary of the Army may, in accordance with section 2306b of
title 10, United States Code, enter into multiyear contracts for
procurement of the following:
(1) M2A3 Bradley fighting vehicles.
(2) UH-60L Blackhawk helicopters.
(3) CH-60S Seahawk helicopters.
(b) Limitation for Bradley Fighting Vehicles.--The period for a
multiyear contract entered into under subsection (a)(1) may not exceed
the three consecutive program years beginning with the fiscal year 2001
program year.
(c) Repeal of Superseded Authority.--Section 111 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 531) is amended by striking paragraph (2).
SEC. 112. REPORTS AND LIMITATIONS RELATING TO ARMY TRANSFORMATION.
(a) Report on Objective Force Development Process.--The Secretary
of the Army shall submit to the congressional defense committees a
report on the process for developing the objective force in the
transformation of the Army. The report shall include the following:
(1) The operational environments envisioned for the
objective force.
(2) The threat assumptions on which research and
development efforts for transformation of the Army into the
objective force are based.
(3) The potential operational and organizational concepts
for the objective force.
(4) The key performance parameters anticipated for the
objective force and the operational requirements anticipated
for the operational requirements document of the objective
force.
(5) The schedule of Army transformation activities through
fiscal year 2012, together with--
(A) the projected funding requirements through that
fiscal year for the research and development activities
and the procurement activities;
(B) the specific adjustments that are made for Army
programs in the future-years defense program and in the
extended planning program in order to program the
funding necessary to meet the funding requirements for
Army transformation; and
(C) a summary of the anticipated investments of the
Defense Advanced Research Projects Agency in programs
designed to lead to the fielding of future combat
systems for the objective force.
(6) The joint warfighting requirements that will be
supported by the fielding of the objective force, together with
a description of the adjustments that are planned to be made in
the war plans of the commanders of the regional unified
combatant commands in relation to the fielding of the objective
force.
(7) The changes in lift requirements that result from the
establishment and fielding of the combat brigades of the
objective force.
(8) The evaluation process that will be used to support
decisionmaking on the course of the Army transformation,
including a description of the operational evaluations and
experimentation that will be used to validate the key
performance parameters associated with the objective force and
the operational requirements for the operational requirements
document of the objective force.
(b) Reports on Medium Armored Combat Vehicles for the Interim
Brigade Combat Teams.--(1) The Secretary of the Army shall develop and
carry out a plan for comparing--
(A) the costs and operational effectiveness of the medium
armored combat vehicles selected for the infantry battalions of
the interim brigade combat teams; and
(B) the costs and operational effectiveness of the medium
armored vehicles currently in the Army inventory for the use of
infantry battalions.
(2) The plan shall provide for the costs and operational
effectiveness of the two sets of vehicles to be determined on the basis
of the results of an operational analysis that involves the
participation of at least one infantry battalion that is fielded with
medium armored vehicles currently in the Army inventory and is similar
in organization to the infantry battalions of the interim brigade
combat teams.
(3) The Director of Operational Test and Evaluation of the
Department of Defense shall review the plan developed under paragraph
(1) and submit the Director's comments on the plan to the Secretary of
the Army.
(4) Not later than February 1, 2001, the Secretary of the Army
shall submit to the congressional defense committees a report on the
plan developed under paragraph (1). The report shall include the
following:
(A) The plan.
(B) The comments of the Director of Operational Test and
Evaluation on the plan.
(C) A discussion of how the results of the operational
analysis are to be used to guide future decisions on the
acquisition of medium armored combat vehicles for additional
interim brigade combat teams.
(D) The specific adjustments that are made for Army
programs in the future-years defense program and in the
extended planning program in order to program the funding
necessary for fielding the interim brigade combat teams.
(5)(A) Not later than March 1, 2002, the Secretary of the Army
shall submit to the congressional defense committees a report on the
results of the comparison of costs and operational effectiveness of the
two sets of medium armored combat vehicles under paragraph (1).
(B) The report under subparagraph (A) shall include a certification
by the Secretary of Defense regarding whether the results of the
comparison would support the continuation in fiscal year 2003 and
beyond of the acquisition of the additional medium armored combat
vehicles proposed to be used for equipping the interim brigade combat
teams.
(c) Limitations.--(1) Not more than 60 percent of the amount
appropriated for the procurement of armored vehicles in the family of
new medium armored vehicles pursuant to the authorization of
appropriations in section 101(3) may be obligated until the date that
is 30 days after the date on which the Secretary of the Army submits
the report required under subsection (b)(4) to the congressional
defense committees.
(2) Not more than 60 percent of the funds appropriated for the Army
for fiscal year 2002 for the procurement of armored vehicles in the
family of new medium armored combat vehicles may be obligated until the
date that is 30 days after the date on which the Secretary of the Army
submits the report required under subsection (b)(5) to the
congressional defense committees.
(d) Definitions.--In this section:
(1) The term ``transformation'', with respect to the Army,
means the actions being undertaken to transform the Army, as it
is constituted in terms of organization, equipment, and
doctrine in 2000, into the objective force.
(2) The term ``objective force'' means the Army that has
the organizational structure, the most advanced equipment that
early twenty-first century science and technology can provide,
and the appropriate doctrine to ensure that the Army is
responsive, deployable, agile, versatile, lethal, survivable,
and sustainable for the full spectrum of the operations
anticipated to be required of the Army during the early years
of the twenty-first century following 2010.
(3) The term ``interim brigade combat team'' means an Army
brigade that is designated by the Secretary of the Army as a
brigade combat team and is reorganized and equipped with
currently available equipment in a configuration that
effectuates an evolutionary advancement toward transformation
of the Army to the objective force.
Subtitle C--Navy Programs
SEC. 121. CVNX-1 NUCLEAR AIRCRAFT CARRIER PROGRAM.
(a) Authorization of Ship.--The Secretary of the Navy is authorized
to procure the aircraft carrier to be designated CVNX-1.
(b) Advance Procurement and Construction.--The Secretary may enter
into one or more contracts for the advance procurement and advance
construction of components for the ship authorized under subsection
(a).
(c) Amount Authorized From SCN Account.--Of the amounts authorized
to be appropriated under section 102(a)(3) for fiscal year 2001,
$21,869,000 is available for the advance procurement and advance
construction of components (including nuclear components) for the CVNX-
1 aircraft carrier program.
SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) Economical Multiyear Procurement of Previously Authorized
Vessels and One Additional Vessel.--(1) Subsection (b) of section 122
of the National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 110 Stat. 2446), as amended by section 122(a) of Public
Law 106-65 (113 Stat. 535), is further amended by striking ``a total of
18 Arleigh Burke class destroyers'' in the first sentence and all that
follows through the period at the end of that sentence and inserting
``Arleigh Burke class destroyers in accordance with this subsection and
subsection (a)(4) at procurement rates not in excess of 3 ships in each
of the fiscal years beginning after September 30, 1998, and before
October 1, 2005. The authority under the preceding sentence is subject
to the availability of appropriations for such destroyers.''.
(2) The heading for such subsection is amended by striking ``18''.
(b) Economical Rate of Procurement.--It is the sense of Congress
that, for the procurement of the Arleigh Burke class destroyers to be
procured after fiscal year 2001 under multiyear contracts authorized
under section 122(b) of Public Law 104-201--
(1) the Secretary of the Navy should--
(A) achieve the most economical rate of
procurement; and
(B) enter into such contracts for advance
procurement as may be necessary to achieve that rate of
procurement;
(2) the most economical rate of procurement would be
achieved by procuring 3 of the destroyers in each of fiscal
years 2002 and 2003 and procuring another destroyer in fiscal
year 2004; and
(3) the Secretary has the authority under section 122(b) of
Public Law 104-201 (110 Stat. 2446) and subsections (b) and (c)
of section 122 of Public Law 106-65 (113 Stat. 534) to provide
for procurement at the most economical rate, as described in
paragraph (2).
(c) Update of 1993 Report on DDG-51 Class Ships.--(1) The Secretary
of the Navy shall submit to the Committees on Armed Services of the
Senate and the House of Representatives, not later than November 1,
2000, a report that updates the information provided in the report of
the Secretary of the Navy entitled the ``Arleigh Burke (DDG-51) Class
Industrial Base Study of 1993''. The Secretary shall transmit a copy of
the updated report to the Comptroller General not later than the date
on which the Secretary submits the report to the committees.
(2) The Comptroller General shall review the updated report
submitted under paragraph (1) and, not later than December 1, 2000,
submit to the Committees on Armed Services of the Senate and House of
Representatives the Comptroller General's comments on the updated
report.
SEC. 123. VIRGINIA CLASS SUBMARINE PROGRAM.
(a) Amounts Authorized From SCN Account.--Of the amounts authorized
to be appropriated by section 102(a)(3) for fiscal year 2001,
$1,711,234,000 is available for the Virginia class submarine program.
(b) Contract Authority.--(1) The Secretary of the Navy is
authorized to enter into a contract for the procurement of up to five
Virginia class submarines, including the procurement of material in
economic order quantities when cost savings are achievable, during
fiscal years 2003 through 2006. The submarines authorized under the
preceding sentence are in addition to the submarines authorized under
section 121(b) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1648).
(2) A contract entered into under paragraph (1) shall include a
clause that states that any obligation of the United States to make a
payment under this contract is subject to the availability of
appropriations for that purpose.
(c) Shipbuilder Teaming.--Paragraphs (2)(A), (3), and (4) of
section 121(b) of Public Law 105-85 apply to the procurement of
submarines under this section.
(d) Limitation of Liability.--If a contract entered into under this
section is terminated, the United States shall not be liable for
termination costs in excess of the total of the amounts appropriated
for the Virginia class submarine program that remain available for the
program.
(e) Report Requirement.--At that same time that the President
submits the budget for fiscal year 2002 to Congress under section
1105(a) of title 31, United States Code, the Secretary of Defense shall
submit to the congressional defense committees a report on the Navy's
fleet of fast attack submarines. The report shall include the
following:
(1) A plan for maintaining at least 55 fast attack
submarines in commissioned service through 2015, including, by
2015, 18 Virginia class submarines.
(2) Two assessments of the potential savings that would be
achieved under the Virginia class submarine program if the
production rate for such program were at least two submarines
each fiscal year, as follows:
(A) An assessment if that were the production rate
beginning in fiscal year 2004.
(B) An assessment if that were the production rate
beginning in fiscal year 2006.
(3) An analysis of the advantages and disadvantages of
various contracting strategies for Virginia class submarine
program, including one or more multiyear procurement strategies
and one or more strategies for block buy with economic order
quantity.
SEC. 124. ADC(X) SHIP PROGRAM.
Notwithstanding any other provision of law, the Secretary of the
Navy may procure the construction of all ADC(X) class ships in one
shipyard if the Secretary determines that it is more cost effective to
do so than to procure the construction of such ships from more than one
shipyard.
SEC. 125. REFUELING AND COMPLEX OVERHAUL PROGRAM OF THE CVN-69 NUCLEAR
AIRCRAFT CARRIER.
(a) Amount Authorized From SCN Account.--Of the amount authorized
to be appropriated by section 102(a)(3) for fiscal year 2001,
$703,441,000 is available for the commencement of the nuclear refueling
and complex overhaul of the CVN-69 aircraft carrier during fiscal year
2001. The amount made available in the preceding sentence is the first
increment in the incremental funding planned for the nuclear refueling
and complex overhaul of the CVN-69 aircraft carrier.
(b) Contract Authority.--The Secretary of the Navy is authorized to
enter into a contract during fiscal year 2001 for the nuclear refueling
and complex overhaul of the CVN-69 nuclear aircraft carrier before full
funding for the contract is available and to provide for the
performance of the contract to begin.
Subtitle D--Air Force Programs
SEC. 131. REPEAL OF REQUIREMENT FOR ANNUAL REPORT ON B-2 BOMBER
AIRCRAFT PROGRAM.
Section 112 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1373), as amended by
section 141 of Public Law 104-106 (110 Stat. 213), is repealed.
Subtitle E--Other Matters
SEC. 141. PUEBLO CHEMICAL DEPOT CHEMICAL AGENT AND MUNITIONS
DESTRUCTION TECHNOLOGIES.
(a) Limitation.--In determining the technologies to be used for the
destruction of the stockpile of lethal chemical agents and munitions at
Pueblo Chemical Depot, Colorado, whether under the assessment required
by section 141(a) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 537; 50 U.S.C. 1521 note), the
Assembled Chemical Weapons Assessment, or any other assessment, the
Secretary of Defense may consider only the following technologies:
(1) Incineration.
(2) Any technologies demonstrated under the Assembled
Chemical Weapons Assessment on or before May 1, 2000.
(b) Assembled Chemical Weapons Assessment Defined.--As used in
subsection (a), 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).
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2001
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $5,461,946,000.
(2) For the Navy, $8,665,865,000.
(3) For the Air Force, $13,927,836,000.
(4) For Defense-wide activities, $11,275,202,000, of which
$223,060,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 2001.--Of the amounts authorized to be appropriated
by section 201, $4,702,604,000 shall be available for basic research
and applied research projects.
(b) Basic Research and Applied Research Defined.--For purposes of
this section, the term ``basic research and applied research'' means
work funded in program elements for defense research and development
under Department of Defense category 6.1 or 6.2.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. FISCAL YEAR 2002 JOINT FIELD EXPERIMENT.
(a) Requirements.--The Secretary of Defense shall carry out a joint
field experiment in fiscal year 2002. The Secretary shall ensure that
the planning for the joint field experiment is carried out during
fiscal year 2001.
(b) Purpose.--The purpose of the joint field experiment is to
explore the most critical war fighting challenges at the operational
level of war that will confront United States joint military forces
after 2010.
(c) Participating Forces.--(1) The joint field experiment shall
involve elements of Army, Navy, Marine Corps, and Air Force, and shall
include special operations forces.
(2) The forces designated to participate in the joint field
experiment shall exemplify the concepts for organization, equipment,
and doctrine that are conceived for the forces after 2010 under Joint
Vision 2010 (issued by the Joint Chiefs of Staff) and the current
vision statements of the Chief of Staff of the Army, the Chief of Naval
Operations and the Commandant of the Marine Corps, and the Chief of
Staff of the Air Force, including the following concepts:
(A) Air Force expeditionary aerospace forces.
(B) Army medium weight brigades.
(C) Navy forward from the sea.
(d) Funding.--Of the amount authorized to be appropriated under
section 201(2) for joint experimentation, $6,000,000 shall be available
only for planning the joint field experiment required under this
section.
SEC. 212. NUCLEAR AIRCRAFT CARRIER DESIGN AND PRODUCTION MODELING.
Of the amount authorized to be appropriated under section 201(2)
for the Navy for nuclear aircraft carrier design and production
modeling, $10,000,000 shall be available for the conversion and
development of nuclear aircraft carrier design data into an electronic,
three-dimensional product model.
SEC. 213. DD-21 CLASS DESTROYER PROGRAM.
(a) Authority.--The Secretary of the Navy is authorized to pursue a
technology insertion approach for the construction of the DD-21
destroyer on the following schedule:
(1) Commencement of construction during fiscal year 2004.
(2) Delivery of the completed vessel during fiscal year
2009.
(b) Sense of Congress.--It is the sense of Congress that--
(1) there are compelling reasons for starting the program
for constructing the DD-21 destroyer in fiscal year 2004 and
continuing with sequential construction of DD-21 class
destroyers during the ensuing fiscal years until 32 DD-21 class
destroyers are constructed; and
(2) the Secretary of the Navy, in providing for the
acquisition of DD-21 class destroyers, should consider that--
(A) the Marine Corps needs the surface fire support
capabilities of the DD-21 class destroyers as soon as
possible in order to mitigate the inadequacies of the
surface fire support capabilities that are currently
available;
(B) the Navy and Marine Corps need to resolve
whether there is a requirement for surface fire support
missile weapon systems to be easily sustainable by
means of replenishment while under way;
(C) the technology insertion approach has been
successful for other ship construction programs and is
being pursued for the CVN(X) and Virginia class
submarine programs;
(D) the establishment of a stable configuration for
the first 10 DD-21 class destroyers should enable the
construction of the ships with the greatest
capabilities at the lowest cost; and
(E) action to acquire DD-21 class destroyers should
be taken as soon as possible in order to realize fully
the cost savings that can be derived from the
construction and operation of DD-21 class destroyers,
including--
(i) savings in construction costs that
would result from achievement of the Navy's
target per-ship cost of $750,000,000 by the
fifth ship constructed in each construction
yard;
(ii) savings that will result from the
estimated reduction of the crews of destroyers
by 200 or more personnel for each ship; and
(iii) savings that will result from a
reduction in the operating costs for destroyers
by an estimated 70 percent.
(c) Navy Plan for Use of Technology Insertion Approach for
Construction of the DD-21 Ship.--The Secretary of the Navy shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives, not later than April 18, 2001, a plan for pursuing a
technology insertion approach for the construction of the DD-21
destroyer as authorized under subsection (a). The plan shall include
estimates of the resources necessary to execute the plan.
(d) Report on Acquisition and Maintenance Plan for DD-21 Class
Ships.--The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives, not later
than April 18, 2001, a report on the Navy's plan for the acquisition
and maintenance of DD-21 class destroyers. The report shall include a
discussion of each of the following matters:
(1) The technical feasibility of commencing construction of
the DD-21 destroyer in fiscal year 2004 and achieving delivery
of the completed ship to the Navy during fiscal year 2009.
(2) An analysis of the advantages and disadvantages of
various contracting strategies for the construction of the
first 10 DD-21 class destroyers, including one or more
multiyear procurement strategies and one or more strategies for
block buy in economic order quantity.
(3) The effects on the destroyer industrial base and on
costs to other Navy shipbuilding programs of delaying the
commencement of construction of the DD-21 destroyer until
fiscal year 2005 and delaying the commencement of construction
of the next DD-21 class destroyer until fiscal year 2007.
(4) The effects on the fleet maintenance strategies of Navy
fleet commanders, on commercial maintenance facilities in fleet
concentration areas, and on the administration of funds in
compliance with section 2466 of title 10, United States Code,
of awarding to a contractor for the construction of a DD-21
class destroyer all maintenance workloads for DD-21 class
destroyers that are below depot-level maintenance and above
ship-level maintenance.
SEC. 214. F-22 AIRCRAFT PROGRAM.
Section 217(c) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1660) is amended by adding at
the end the following:
``(3) With respect to the limitation in subsection (a), an
increase by an amount that does not exceed one percent of the
total amount of that limitation (taking into account the
increases and decreases, if any, under paragraphs (1) and (2))
if the Director of Operational Test and Evaluation, after
consulting with the Under Secretary of Defense for Acquisition,
Technology, and Logistics, determines that the increase is
necessary in order to ensure adequate testing.''.
SEC. 215. JOINT STRIKE FIGHTER PROGRAM.
(a) Report.--Not later than December 15, 2000, the Secretary shall
submit to Congress a report on the joint strike fighter program. The
report shall contain the following:
(1) A description of the program as the program has been
restructured before the date of the report, including any
modified acquisition strategy that has been incorporated into
the program.
(2) The exit criteria that have been established to ensure
that technical risks are at levels acceptable for entry of the
program into engineering and manufacturing development.
(b) Transfers From Other Navy and Air Force Accounts.--(1)
Notwithstanding any other provision of this Act, the Secretary may
transfer to the joint strike fighter program or within the joint strike
fighter program amounts authorized to be appropriated under section 201
for a purpose other than the purpose of the authorization of
appropriations to which transferred, as follows:
(A) Of the funds authorized to be appropriated under
section 201(2), up to $150,000,000.
(B) Of the funds authorized to be appropriated under
section 201(3), up to $150,000,000.
(2) The transfer authority under paragraph (1) is in addition to
the transfer authority provided in section 1001.
SEC. 216. GLOBAL HAWK HIGH ALTITUDE ENDURANCE UNMANNED AERIAL VEHICLE.
(a) Concept Demonstration Required.--The Secretary of Defense shall
require and coordinate a concept demonstration of the Global Hawk high
altitude endurance unmanned aerial vehicle.
(b) Purpose of Demonstration.--The purpose of the concept
demonstration is to demonstrate the capability of the Global Hawk high
altitude endurance unmanned aerial vehicle to operate in an airborne
surveillance mode, using available, non-developmental technology.
(c) Time for Demonstration.--The demonstration shall take place as
early in fiscal year 2001 as the Secretary determines practicable.
(d) Participation by CINCs.--The Secretary shall require the
Commander in Chief of the United States Joint Forces Command and the
Commander in Chief of the United States Southern Command jointly to
provide guidance for the demonstration and otherwise to participate in
the demonstration.
(e) Scenario for Demonstration.--The demonstration shall be
conducted in a counter-drug surveillance scenario that is designed to
replicate factual conditions typically encountered in the performance
of the counter-drug surveillance mission of the Commander in Chief of
the United States Southern Command within that commander's area of
responsibility.
(f) Report.--Not later than 45 days after the concept demonstration
is completed, the Secretary shall submit to Congress a report on the
results of the demonstration. The report shall include the following:
(1) The Secretary's assessment of the technical feasibility
of using the Global Hawk high altitude endurance unmanned
aerial vehicle for airborne air surveillance.
(2) A discussion of the operational concept for the use of
the vehicle for that purpose.
SEC. 217. UNMANNED ADVANCED CAPABILITY AIRCRAFT AND GROUND COMBAT
VEHICLES.
(a) Goal.--It shall be a goal of the Armed Forces to achieve the
fielding of unmanned, remotely controlled technology such that--
(1) by 2010, one-third of the operational deep strike
aircraft of the Armed Forces are unmanned; and
(2) by 2015, one-third of the operational ground combat
vehicles of the Armed Forces are unmanned.
(b) Report on Advanced Capability Ground Combat Vehicles.--Not
later than January 31, 2001, the Secretary of Defense shall submit to
the congressional defense committees a report on each of the programs
undertaken by the Secretaries of the Army, Navy, and Air Force jointly
with the Director of the Defense Advanced Research Projects Agency to
demonstrate advanced capability ground combat vehicles. The report
shall include the following for the program of each military
department:
(1) A schedule for the program, including, in the case of
the Army program, a schedule for the demonstration of the
capability for unmanned, remotely controlled operation of
advanced capability ground combat vehicles for the Army.
(2) An identification of the funding required for fiscal
year 2002 and for the future-years defense program to carry out
the program and, in the case of the Army program, for the
demonstration described in paragraph (1).
(3) A description and assessment of the acquisition
strategy for unmanned ground combat vehicles planned by the
Secretary of the military department concerned, together with a
complete identification of all operation, support, ownership,
and other costs required to carry out such strategy through the
year 2030.
(c) Funds.--Of the amount authorized to be appropriated for
Defense-wide activities under section 201(4) for the Defense Advanced
Research Projects Agency, $200,000,000 shall be available only to carry
out the programs referred to in subsection (b).
SEC. 218. ARMY SPACE CONTROL TECHNOLOGY DEVELOPMENT.
(a) Kinetic Energy Anti-Satellite Technology Program.--Of the funds
authorized to be appropriated under section 201(4), $20,000,000 shall
be available for the kinetic energy anti-satellite technology program.
(b) Other Army Space Control Technology Development.--Of the funds
authorized to be appropriated under section 201(4), $5,000,000 shall be
available for the development of space control technologies that
emphasize reversible or temporary effects.
(c) Limitation.--None of the funds made available pursuant to
subsection (b) may be obligated until the funds provided for the
kinetic energy anti-satellite technology program under subsection (a)
have been released to the kinetic energy anti-satellite technology
program manager.
SEC. 219. RUSSIAN AMERICAN OBSERVATION SATELLITES PROGRAM.
None of the funds authorized to be appropriated under section
201(4) for the Russian American Observation Satellites program may be
obligated or expended until 30 days after the Secretary of Defense
submits to Congress a report explaining how the Secretary plans to
protect United States advanced military technology that may be
associated with the Russian American Observation Satellites program.
SEC. 220. JOINT BIOLOGICAL DEFENSE PROGRAM.
(a) Limitation.--Funds authorized to be appropriated by this Act
may not be obligated for the procurement of a vaccine for the
biological agent anthrax until the Secretary of Defense has submitted
to the congressional defense committees the following:
(1) A written notification that the Food and Drug
Administration has approved for production of the vaccine the
manufacturing source from which the Department of Defense is
procuring the vaccine as of the date of the enactment of this
Act (hereafter in this section referred to as the ``current
manufacturer'').
(2) A report on the contingencies associated with
continuing to rely on the current manufacturer to supply
anthrax vaccine.
(b) Content of Report.--The report required under subsection (a)(2)
shall include the following:
(1) Recommended strategies to mitigate the risk to the
Department of Defense of losing the current manufacturer as a
source of anthrax vaccine, together with a discussion of the
criteria to be applied in determining whether to carry out any
of the strategies and which strategy to carry out.
(2) Recommended strategies to ensure that the Department of
Defense can procure from any source or sources an anthrax
vaccine approved by the Food and Drug Administration that meets
the requirements of the department if--
(A) the Food and Drug Administration does not
approve the release of the anthrax vaccine available
from the current manufacturer; or
(B) the current manufacturer terminates the
production of anthrax vaccine permanently.
(3) A five-year budget to support each strategy recommended
under paragraph (1) or (2).
SEC. 221. REPORT ON BIOLOGICAL WARFARE DEFENSE VACCINE RESEARCH AND
DEVELOPMENT PROGRAMS.
(a) Requirement for Report.--The Secretary of Defense shall submit
to the congressional defense committees, not later than February 1,
2001, a report on the acquisition of biological warfare defense
vaccines for the Department of Defense.
(b) Content of Report.--The report shall include the following:
(1) The Secretary's evaluation of the implications of
reliance on the commercial sector to meet the requirements of
the Department of Defense for biological warfare defense
vaccines.
(2) A complete design for a facility at an alternative site
determined by the Secretary that is designed to be operated
under government ownership by a contractor for the production
of biological warfare defense vaccines to meet the current and
future requirements of the Department of Defense for biological
warfare defense vaccines, together with--
(A) an estimation of the cost of contractor
operation of such a facility for that purpose;
(B) a determination, developed in consultation with
the Surgeon General of the United States, on the
utility of such a facility to support civilian vaccine
requirements and a discussion of the effects that the
use of the facility for that purpose would have on the
operating costs for vaccine production at the facility;
and
(C) an analysis of the effects that international
demand for vaccines would have on the operating costs
for vaccine production at such a facility.
(c) Biological Warfare Defense Vaccine Defined.--In this section,
the term ``biological warfare defense vaccine'' means a vaccine useful
for the immunization of military personnel to protect against
biological agents on the Validated Threat List issued by the Joint
Chiefs of Staff, whether such vaccine is in production or is being
developed.
Subtitle C--Other Matters
SEC. 241. MOBILE OFFSHORE BASE.
(a) Report.--Not later than March 1, 2001, the Secretary of Defense
shall submit to Congress a report on the mobile offshore base concept.
(b) Content of Report.--The report shall contain the following:
(1) A cost-benefit analysis of the mobile offshore base,
using operational concepts that would support the National
Military Strategy.
(2) A recommendation regarding whether to proceed with the
mobile offshore base as a program and, if so--
(A) a statement regarding which of the Armed Forces
is to be designated to have the lead responsibility for
the program; and
(B) a schedule for the program.
SEC. 242. AIR FORCE SCIENCE AND TECHNOLOGY PLANNING.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the congressional defense committees a report on the long-term
challenges and short-term objectives of the Air Force science and
technology program. The report shall include the following:
(1) An assessment of the budgetary resources that are being
used for fiscal year 2001 for addressing the long-term
challenges and the short-term objectives.
(2) The budgetary resources that are necessary to address
those challenges and objectives adequately.
(3) A course of action for any projected or ongoing Air
Force science and technology programs that do not address
either the long-term challenges or the short-term objectives.
(4) The matters required under subsection (b)(5) and
(c)(6).
(b) Long-Term Challenges.--(1) The Secretary of the Air Force shall
establish an integrated product team to identify high-risk, high-payoff
challenges that will provide a long-term focus and motivation for the
Air Force science and technology program over the next 20 to 50 years.
The integrated product team shall include representatives of the Office
of Scientific Research and personnel from the Air Force Research
Laboratory.
(2) The team shall solicit views from the entire Air Force science
and technology community on the matters under consideration by the
team.
(3) The team--
(A) shall select for consideration science and technology
challenges that involve--
(i) compelling requirements of the Air Force;
(ii) high-risk, high-payoff areas of exploration;
and
(iii) very difficult, but probably achievable,
results; and
(B) should not include as a selected challenge any linear
extension of an ongoing Air Force science and technology
program.
(4) The Deputy Assistant Secretary of the Air Force for Science,
Technology, and Engineering shall designate a technical coordinator and
a management coordinator for each science and technology challenge
identified pursuant to this subsection. Each technical coordinator
shall have sufficient expertise in fields related to the challenge to
be able to identify other experts and affirm the credibility of the
program. The coordinator for a science and technology challenge shall
conduct workshops within the relevant scientific and technological
community to obtain suggestions for possible approaches to addressing
the challenge, to identify ongoing work that addresses the challenge,
to identify gaps in current work relating to the challenge, and to
highlight promising areas of research.
(5) The report required by subsection (a) shall, at a minimum,
provide information on each science and technology challenge identified
pursuant to this subsection and describe the results of the workshops
conducted pursuant to paragraph (4), including any work not currently
funded by the Air Force that should be performed to meet the challenge.
(c) Short-Term Objectives.--(1) The Secretary of the Air Force
shall establish a task force to identify short-term technological
objectives of the Air Force science and technology program. The task
force shall be chaired by the Deputy Assistant Secretary of the Air
Force for Science, Technology, and Engineering and shall include
representatives of the Chief of Staff of the Air Force and the
specified combatant commands of the Air Force.
(2) The task force shall solicit views from the entire Air Force
requirements community, user community, and acquisition community.
(3) The task force shall select for consideration short-term
objectives that involve--
(A) compelling requirements of the Air Force;
(B) support in the user community; and
(C) likely attainment of the desired benefits within a 5-
year period.
(4) The Deputy Assistant Secretary of the Air Force for Science,
Technology, and Engineering shall establish an integrated product team
for each short-term objective identified pursuant to this subsection.
Each integrated product team shall include representatives of the
requirements community, the user community, and the science and
technology community with relevant expertise.
(5) The integrated product team for a short-term objective shall be
responsible for--
(A) identifying, defining, and prioritizing the enabling
capabilities that are necessary for achieving the objective;
(B) identifying gaps in the enabling capabilities that must
be addressed if the short-term objective is to be achieved; and
(C) working with the Air Force science and technology
community to identify science and technology projects and
programs that should be undertaken to fill each gap in an
enabling capability.
(6) The report required by subsection (a) shall, at a minimum,
describe each short-term science and technology objective identified
pursuant to this subsection and describe the work of the integrated
product teams conducted pursuant to paragraph (5), including any gaps
identified in enabling capabilities and the science and technology work
that should be undertaken to fill each such gap.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2001
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $19,028,531,000.
(2) For the Navy, $23,254,154,000.
(3) For the Marine Corps, $2,746,558,000.
(4) For the Air Force, $22,389,077,000.
(5) For Defense-wide activities, $11,973,569,000.
(6) For the Army Reserve, $1,526,418,000.
(7) For the Naval Reserve, $965,946,000.
(8) For the Marine Corps Reserve, $138,959,000.
(9) For the Air Force Reserve, $1,890,859,000.
(10) For the Army National Guard, $3,222,335,000.
(11) For the Air National Guard, $3,450,875,000.
(12) For the Defense Inspector General, $144,245,000.
(13) For the United States Court of Appeals for the Armed
Forces, $8,574,000.
(14) For Environmental Restoration, Army, $389,932,000.
(15) For Environmental Restoration, Navy, $294,038,000.
(16) For Environmental Restoration, Air Force,
$376,300,000.
(17) For Environmental Restoration, Defense-wide,
$23,412,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $186,499,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $55,400,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $845,300,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $25,000,000.
(22) For Defense Health Program, $11,401,723,000.
(23) For Cooperative Threat Reduction programs,
$458,400,000.
(24) For Overseas Contingency Operations Transfer Fund,
$4,100,577,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2001
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $916,276,000.
(2) For the National Defense Sealift Fund, $388,158,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2001
from the Armed Forces Retirement Home Trust Fund the sum of $69,832,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in appropriations
Acts, not more than $150,000,000 is authorized to be transferred from
the National Defense Stockpile Transaction Fund to operation and
maintenance accounts for fiscal year 2001 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts to
which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the transfer
authority provided in section 1001.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 311. IMPACT AID FOR CHILDREN WITH DISABILITIES.
Of the total amount authorized to be appropriated under section
301(5) for payments under section 8003 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703), $20,000,000 is available only
for payments for children with disabilities under subsection (d) of
such section.
SEC. 312. JOINT WARFIGHTING CAPABILITIES ASSESSMENT TEAMS.
Of the total amount authorized to be appropriated under section
301(5) for the Joint Staff, $4,000,000 is available only for the
improvement of the performance of analyses by the joint warfighting
capabilities assessment teams of the Joint Requirements Oversight
Council.
Subtitle C--Humanitarian and Civic Assistance
SEC. 321. INCREASED AUTHORITY TO PROVIDE HEALTH CARE SERVICES AS
HUMANITARIAN AND CIVIC ASSISTANCE.
Section 401(e)(1) of title 10, United States Code, is amended by
striking ``rural areas of a country'' and inserting ``areas of a
country that are rural or are underserved by medical, dental, and
veterinary professionals, respectively''.
SEC. 322. USE OF HUMANITARIAN AND CIVIC ASSISTANCE FUNDING FOR PAY AND
ALLOWANCES OF SPECIAL OPERATIONS COMMAND RESERVES
FURNISHING DEMINING TRAINING AND RELATED ASSISTANCE AS
HUMANITARIAN ASSISTANCE.
Section 401(c) of title 10, United States Code, is amended by
adding at the end the following:
``(5) Up to 10 percent of the funds available in any fiscal year
for humanitarian and civic assistance described in subsection (e)(5)
may be expended for the pay and allowances of reserve component
personnel of the Special Operations Command for periods of duty for
which the personnel, for a humanitarian purpose, furnish education and
training on the detection and clearance of landmines or furnish related
technical assistance.''.
Subtitle D--Department of Defense Industrial Facilities
SEC. 331. CODIFICATION AND IMPROVEMENT OF ARMAMENT RETOOLING AND
MANUFACTURING SUPPORT PROGRAMS.
(a) In General.--(1) Part IV of subtitle B of title 10, United
States Code, is amended by inserting after chapter 433 the following:
``CHAPTER 434--ARMAMENTS INDUSTRIAL BASE
``Sec.
``4551. Policy.
``4552. Armament Retooling and Manufacturing Support Initiative.
``4553. Property management contracts and leases.
``4554. ARMS Initiative loan guarantee program.
``4555. Definitions.
``Sec. 4551. Policy
``It is the policy of the United States--
``(1) to encourage, to the maximum extent practicable,
commercial firms to use Government-owned, contractor-operated
ammunition manufacturing facilities of the Department of the
Army;
``(2) to use such facilities for supporting programs,
projects, policies, and initiatives that promote competition in
the private sector of the United States economy and that
advance United States interests in the global marketplace;
``(3) to increase the manufacture of products inside the
United States;
``(4) to support policies and programs that provide
manufacturers with incentives to assist the United States in
making more efficient and economical use of Government-owned
industrial plants and equipment for commercial purposes;
``(5) to provide, as appropriate, small businesses
(including socially and economically disadvantaged small
business concerns and new small businesses) with incentives
that encourage those businesses to undertake manufacturing and
other industrial processing activities that contribute to the
prosperity of the United States;
``(6) to encourage the creation of jobs through increased
investment in the private sector of the United States economy;
``(7) to foster a more efficient, cost-effective, and
adaptable armaments industry in the United States;
``(8) to achieve, with respect to armaments manufacturing
capacity, an optimum level of readiness of the national
technology and industrial base within the United States that is
consistent with the projected threats to the national security
of the United States and the projected emergency requirements
of the Armed Forces of the United States; and
``(9) to encourage facility use contracting where feasible.
``Sec. 4552. Armament Retooling and Manufacturing Support Initiative
``(a) Authority for Initiative.--The Secretary of the Army may
carry out a program to be known as the `Armament Retooling and
Manufacturing Support Initiative' (hereafter in this chapter referred
to as the `ARMS Initiative').
``(b) Purposes.--The purposes of the ARMS Initiative are as
follows:
``(1) To encourage commercial firms, to the maximum extent
practicable, to use Government-owned, contractor-operated
ammunition manufacturing facilities of the Department of the
Army for commercial purposes.
``(2) To increase the opportunities for small businesses
(including socially and economically disadvantaged small
business concerns and new small businesses) to use such
facilities for those purposes.
``(3) To maintain in the United States a work force having
the skills in manufacturing processes that are necessary to
meet industrial emergency planned requirements for national
security purposes.
``(4) To demonstrate innovative business practices, to
support Department of Defense acquisition reform, and to serve
as both a model and a laboratory for future defense conversion
initiatives of the Department of Defense.
``(5) To the maximum extent practicable, to allow the
operation of Government-owned, contractor-operated ammunition
manufacturing facilities of the Department of the Army to be
rapidly responsive to the forces of free market competition.
``(6) To reduce or eliminate the cost of ownership of
ammunition manufacturing facilities by the Department of the
Army, including the costs of operations and maintenance, the
costs of environmental remediation, and other costs.
``(7) To reduce the cost of products of the Department of
Defense produced at ammunition manufacturing facilities of the
Department of the Army.
``(8) To leverage private investment at Government-owned,
contractor-operated ammunition manufacturing facilities through
long-term facility use contracts, property management
contracts, leases, or other agreements that support and advance
the policies and purposes of this chapter, for the following
activities:
``(A) Recapitalization of plant and equipment.
``(B) Environmental remediation.
``(C) Promotion of commercial business ventures.
``(D) Other activities.
``(9) To foster cooperation between the Department of the
Army, property managers, commercial interests, and State and
local agencies in the implementation of sustainable development
strategies and investment in facilities made available for
purposes of the ARMS Initiative.
``(10) To reduce or eliminate the cost of asset disposal
prior to a declaration by the Secretary of the Army that
property is excess to the needs of the Department of the Army.
``(c) Availability of Facilities.--(1) The Secretary of the Army
may make any Government-owned, contractor-operated ammunition
manufacturing facility of the Department of the Army available for the
purposes of the ARMS Initiative.
``(2) The authority under paragraph (1) applies to a facility
described in that paragraph without regard to whether the facility is
active, inactive, in layaway or caretaker status, or is designated (in
whole or in part) as excess property under property classification
procedures applicable under title II of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481 et seq.).
``(d) Precedence of Provision Over Certain Property Management
Laws.--The following provisions of law shall not apply to uses of
property or facilities in accordance with this section to the extent
that such provisions of law are inconsistent with the exercise of the
authority of this section:
``(1) Section 2667(a)(3) of this title.
``(2) The Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.).
``(3) Section 321 of the Act of June 30, 1932 (commonly
known as the `Economy Act') (40 U.S.C. 303b).
``(e) Program Support.--(1) Funds appropriated for purposes of the
ARMS Initiative may be used for administrative support and management.
``(2) A full annual accounting of such expenses for each fiscal
year shall be provided to the Committees on Armed Services and on
Appropriations of the Senate and the House of Representatives not later
than March 30 of the following fiscal year.
``Sec. 4553. Property management contracts and leases
``(a) In General.--In the case of each Government-owned,
contractor-operated ammunition manufacturing facility of the Department
of the Army that is made available for the ARMS Initiative, the
Secretary of the Army--
``(1) shall make full use of facility use contracts,
leases, and other such commercial contractual instruments as
may be appropriate;
``(2) shall evaluate, on the basis of efficiency, cost,
emergency mobilization requirements, and the goals and purposes
of the ARMS Initiative, the procurement of services from the
property manager, including maintenance, operation,
modification, infrastructure, environmental restoration and
remediation, and disposal of ammunition manufacturing assets,
and other services; and
``(3) may, in carrying out paragraphs (1) and (2)--
``(A) enter into contracts, and provide for
subcontracts, for terms up to 25 years, as the
Secretary considers appropriate and consistent with the
needs of the Department of the Army and the goals and
purposes of the ARMS Initiative; and
``(B) use procedures that are authorized to be used
under section 2304(c)(5) of this title when the
contractor or subcontractor is a source specified in
law.
``(b) Consideration for Use.--(1) To the extent provided in a
contract entered into under this section for the use of property at a
Government-owned, contractor-operated ammunition manufacturing facility
that is accountable under the contract, the Secretary of the Army may
accept consideration for such use that is, in whole or in part, in a
form other than--
``(A) rental payments; or
``(B) revenue generated at the facility.
``(2) Forms of consideration acceptable under paragraph (1) for a
use of a facility or any property at a facility include the following:
``(A) The improvement, maintenance, protection, repair, and
restoration of the facility, the property, or any property
within the boundaries of the installation where the facility is
located.
``(B) Reductions in overhead costs.
``(C) Reductions in product cost.
``(3) The authority under paragraph (1) may be exercised without
regard to section 3302(b) of title 31 and any other provision of law.
``(c) Reporting Requirement.--Not later than July 1 each year, the
Secretary of the Army shall submit to the Committees on Armed Services
and on Appropriations of the Senate and the House of Representatives a
report on the procedures and controls implemented to carry out this
section.
``Sec. 4554. ARMS Initiative loan guarantee program
``(a) Program Authorized.--Subject to subsection (b), the Secretary
of the Army may carry out a loan guarantee program to encourage
commercial firms to use ammunition manufacturing facilities under this
chapter. Under any such program, the Secretary may guarantee the
repayment of any loan made to a commercial firm to fund, in whole or in
part, the establishment of a commercial activity to use any such
facility under this chapter.
``(b) Advanced Budget Authority.--Loan guarantees under this
section may not be committed except to the extent that appropriations
of budget authority to cover their costs are made in advance, as
required by section 504 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661c).
``(c) Program Administration.--(1) The Secretary may enter into an
agreement with any of the officials named in paragraph (2) under which
that official may, for the purposes of this section--
``(A) process applications for loan guarantees;
``(B) guarantee repayment of loans; and
``(C) provide any other services to the Secretary to
administer the loan guarantee program.
``(2) The officials referred to in paragraph (1) are as follows:
``(A) The Administrator of the Small Business
Administration.
``(B) The head of any appropriate agency in the Department
of Agriculture, including--
``(i) the Administrator of the Farmers Home
Administration; and
``(ii) the Administrator of the Rural Development
Administration.
``(3) Each official authorized to do so under an agreement entered
into under paragraph (1) may guarantee loans under this section to
commercial firms of any size, notwithstanding any limitations on the
size of applicants imposed on other loan guarantee programs that the
official administers.
``(4) To the extent practicable, each official processing loan
guarantee applications under this section pursuant to an agreement
entered into under paragraph (1) shall use the same processing
procedures as the official uses for processing loan guarantee
applications under other loan guarantee programs that the official
administers.
``(d) Loan Limits.--The maximum amount of loan principal guaranteed
during a fiscal year under this section may not exceed--
``(1) $20,000,000, with respect to any single borrower; and
``(2) $320,000,000 with respect to all borrowers.
``(e) Transfer of Funds.--The Secretary of the Army may transfer to
an official providing services under subsection (c), and that official
may accept, such funds as may be necessary to administer the loan
guarantee program under this section.
``Sec. 4555. Definitions
``In this chapter:
``(1) The term `property manager' includes any person or
entity managing a facility made available under the ARMS
Initiative through a property management contract.
``(2) The term `property management contract' includes
facility use contracts, site management contracts, leases, and
other agreements entered into under the authority of this
chapter.''.
(2) The tables of chapters at the beginning of subtitle B of such
title and at the beginning of part IV of such subtitle are amended by
inserting after the item relating to chapter 433 the following:
``434. Armaments Industrial Base............................ 4551''.
(b) Relationship to National Defense Technology and Industrial
Base.--(1) Subchapter IV of chapter 148 of title 10, United States
Code, is amended--
(A) by redesignating section 2525 as section 2521; and
(B) by adding at the end the following:
``Sec. 2522. Armament retooling and manufacturing
``The Secretary of the Army is authorized by chapter 434 of this
title to carry out programs for the support of armaments retooling and
manufacturing in the national defense industrial and technology
base.''.
(2) The table of sections at the beginning of such subchapter is
amended by striking the item relating to section 2525 and inserting the
following:
``2521. Manufacturing Technology Program.
``2522. Armament retooling and manufacturing.''.
(c) Repeal of Superseded Law.--The Armament Retooling and
Manufacturing Support Act of 1992 (subtitle H of title I of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 10 U.S.C. 2501 note)) is repealed.
SEC. 332. CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE.
(a) Designation of Army Arsenals.--(1) Subsection (a) of section
2474 of title 10, United States Code, is amended by striking paragraph
(1) and inserting the following:
``(1) The Secretary concerned, or the Secretary of Defense in the
case of a Defense Agency, shall designate as a Center of Industrial and
Technical Excellence in the recognized core competencies of the
designee the following:
``(A) Each depot-level activity of the military departments
and the Defense Agencies (other than facilities approved for
closure or major realignment under 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)).
``(B) Each arsenal of the Army.''.
(2) Paragraph (2) of such subsection is amended--
(A) by inserting ``of Defense'' after ``The Secretary'';
and
(B) by striking ``depot-level activities'' and inserting
``Centers of Industrial and Technical Excellence''.
(3) Paragraph (3) of such subsection is amended by striking ``the
efficiency and effectiveness of depot-level operations, improve the
support provided by depot-level activities'' and inserting ``the
efficiency and effectiveness of operations at Centers of Industrial and
Technical Excellence, improve the support provided by the Centers''.
(b) Public-Private Partnerships.--Subsection (b) of such section is
amended to read as follows:
``(b) Public-Private Partnerships.--(1) To achieve one or more
objectives set forth in paragraph (2), the Secretary designating a
Center of Industrial and Technical Excellence under subsection (a)
shall authorize and encourage the head of the Center to enter into
public-private cooperative arrangements that provide any of the
following:
``(A) For employees of the Center, private industry, or
other entities outside the Department of Defense--
``(i) to perform (under contract, subcontract, or
otherwise) work in any of the core competencies of the
Center, including any depot-level maintenance and
repair work that involves one or more core competencies
of the Center; or
``(ii) to perform at the Center depot-level
maintenance and repair work that does not involve a
core competency of the Center.
``(B) For private industry or other entities outside the
Department of Defense to use, for any period of time determined
to be consistent with the needs of the Department of Defense,
any facilities or equipment of the Center that are not fully
utilized by a military department for its own production or
maintenance requirements.
``(2) The objectives for exercising the authority provided in
paragraph (1) are as follows:
``(A) To maximize the utilization of the capacity of a
Center of Industrial and Technical Excellence.
``(B) To reduce or eliminate the cost of ownership of a
Center by the Department of Defense in such areas of
responsibility as operations and maintenance and environmental
remediation.
``(C) To reduce the cost of products of the Department of
Defense produced or maintained at a Center.
``(D) To leverage private sector investment in--
``(i) such efforts as plant and equipment
recapitalization for a Center; and
``(ii) the promotion of the undertaking of
commercial business ventures at a Center.
``(E) To foster cooperation between the armed forces and
private industry.
``(3) A public-private cooperative arrangement entered into under
this subsection shall be known as a `public-private partnership'.
``(4) The Secretary designating a Center of Industrial and
Technical Excellence under subsection (a) may waive the condition in
paragraph (1)(A) and subsection (a)(1) of section 2553 of this title
that an article or service must be not available (as defined in
subsection (g)(2) of such section) from a United States commercial
source in the case of a particular article or service of a public-
private partnership if the Secretary determines that the waiver is
necessary to achieve one or more objectives set forth in paragraph (2).
``(5) In any sale of articles manufactured or services performed by
employees of a Center pursuant to a waiver under paragraph (4), the
Secretary shall charge the full cost of manufacturing the articles or
performing the services, as the case may be. The full cost charged
shall include both direct costs and indirect costs.''.
(c) Private Sector Use of Excess Capacity.--Such section is further
amended--
(1) striking subsection (d);
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Private Sector Use of Excess Capacity.--Any facilities or
equipment of a Center of Industrial and Technical Excellence made
available to private industry may be used to perform maintenance or to
produce goods in order to make more efficient and economical use of
Government-owned industrial plants and encourage the creation and
preservation of jobs to ensure the availability of a workforce with the
necessary manufacturing and maintenance skills to meet the needs of the
armed forces.''.
(d) Crediting of Amounts for Performance.--Subsection (d) of such
section, as redesignated by subsection (c)(2), is amended by adding at
the end the following: ``Consideration in the form of rental payments
or (notwithstanding section 3302(b) of title 31) in other forms may be
accepted for a use of property accountable under a contract performed
pursuant to this section. Notwithstanding section 2667(d) of this
title, revenues generated pursuant to this section shall be available
for facility operations, maintenance, and environmental restoration at
the Center where the leased property is located.''.
(e) Availability of Excess Equipment to Private-Sector Partners.--
Such section is further amended by adding at the end the following:
``(e) Availability of Excess Equipment to Private-Sector
Partners.--Equipment or facilities of a Center of Industrial and
Technical Excellence may be made available for use by a private-sector
entity under this section only if--
``(1) the use of the equipment or facilities will not have
a significant adverse effect on the readiness of the armed
forces, as determined by the Secretary concerned or, in the
case of a Center in a Defense Agency, by the Secretary of
Defense; and
``(2) the private-sector entity agrees--
``(A) to reimburse the Department of Defense for
the direct and indirect costs (including any rental
costs) that are attributable to the entity's use of the
equipment or facilities, as determined by that
Secretary; and
``(B) to hold harmless and indemnify the United
States from--
``(i) any claim for damages or injury to
any person or property arising out of the use
of the equipment or facilities, except in a
case of willful conduct or gross negligence;
and
``(ii) any liability or claim for damages
or injury to any person or property arising out
of a decision by the Secretary concerned or the
Secretary of Defense to suspend or terminate
that use of equipment or facilities during a
war or national emergency.''.
(f) Loan Guarantee Program for Support of Public-Private
Partnerships.--Chapter 146 of title 10, United States Code, is amended
by adding at the end the following:
``Sec. 2475. Centers of Industrial and Technical Excellence: loan
guarantee program for support of public-private
partnerships
``(a) Program Authorized.--Subject to subsection (b), the Secretary
of Defense may carry out a loan guarantee program to encourage
commercial firms to use Centers of Industrial and Technical Excellence
pursuant to section 2474 of this title. Under any such program, the
Secretary may guarantee the repayment of any loan made to a commercial
firm to fund, in whole or in part, the establishment of public-private
partnerships authorized under subsection (b) of such section.
``(b) Advanced Budget Authority.--Loan guarantees under this
section may not be committed except to the extent that appropriations
of budget authority to cover their costs are made in advance, as
required by section 504 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661c).
``(c) Program Administration.--(1) The Secretary may enter into an
agreement with any of the officials named in paragraph (2) under which
that official may, for the purposes of this section--
``(A) process applications for loan guarantees;
``(B) guarantee repayment of loans; and
``(C) provide any other services to the Secretary to
administer the loan guarantee program.
``(2) The officials referred to in paragraph (1) are as follows:
``(A) The Administrator of the Small Business
Administration.
``(B) The head of any appropriate agency in the Department
of Agriculture, including--
``(i) the Administrator of the Farmers Home
Administration; and
``(ii) the Administrator of the Rural Development
Administration.
``(3) Each official authorized to do so under an agreement entered
into under paragraph (1) may guarantee loans under this section to
commercial firms of any size, notwithstanding any limitations on the
size of applicants imposed on other loan guarantee programs that the
official administers.
``(4) To the extent practicable, each official processing loan
guarantee applications under this section pursuant to an agreement
entered into under paragraph (1) shall use the same processing
procedures as the official uses for processing loan guarantee
applications under other loan guarantee programs that the official
administers.
``(d) Loan Limits.--The maximum amount of loan principal guaranteed
during a fiscal year under this section may not exceed--
``(1) $20,000,000, with respect to any single borrower; and
``(2) $320,000,000 with respect to all borrowers.
``(e) Transfer of Funds.--The Secretary of Defense may transfer to
an official providing services under subsection (c), and that official
may accept, such funds as may be necessary to administer the loan
guarantee program under this section.''.
(g) Use of Working Capital-Funded Facilities.--Section 2208(j) of
title 10, United States Code, is amended--
(1) by striking ``contract; and'' in paragraph (1) and all
that follows through ``(2) the Department of Defense'' in
paragraph (2) and inserting the following: ``contract, and the
Department of Defense'';
(2) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following:
``(2) the Secretary would advance the objectives set forth
in section 2474(b)(2) of this title by authorizing the facility
to do so.''.
(h) Repeal of General Authority To Lease Excess Depot-Level
Equipment and Facilities to Outside Tenants.--Section 2471 of title 10,
United States Code, is repealed.
(i) Clerical Amendments.--The table of sections at the beginning of
chapter 146 of such title is amended--
(1) by striking the item relating to section 2471; and
(2) by adding at the end the following:
``2475. Centers of Industrial and Technical Excellence: loan guarantee
program for support of public-private
partnerships.''.
SEC. 333. EFFECTS OF OUTSOURCING ON OVERHEAD COSTS OF CENTERS OF
INDUSTRIAL AND TECHNICAL EXCELLENCE AND AMMUNITION
PLANTS.
(a) Findings.--Congress makes the following findings:
(1) Centers of Industrial and Technical Excellence and
ammunition plants of the United States comprise a vital
component of the national technology and industrial base that
ensures that there is sufficient domestic industrial capacity
to meet the needs of the Armed Forces for certain critical
defense equipment and supplies in time of war or national
emergency.
(2) Underutilization of the Centers of Industrial and
Technical Excellence and ammunition plants in peacetime does
not diminish the critical importance of those centers and
ammunition plants to the national defense.
(b) Requirement for Reports.--(1) Subchapter V of chapter 148 of
title 10, United States Code, is amended by adding at the end the
following:
``Sec. 2539c. Centers of Industrial and Technical Excellence and
ammunition plants of the United States: effects of
outsourcing on overhead costs
``Not later than 30 days before any official of the Department of
Defense enters into a contract with a private sector source for the
performance of a workload already being performed by more than 50
employees at a Center of Industrial and Technical Excellence designated
under section 2474(a) of this title or an ammunition plant of the
United States, the Secretary of Defense shall submit to Congress a
report describing the effect that the performance and administration of
the contract will have on the overhead costs of the center or
ammunition plant, as the case may be.''.
(2) The table of sections at the beginning of subchapter V of such
chapter is amended by adding at the end the following:
``2539c. Centers of Industrial and Technical Excellence and ammunition
plants of the United States: effects of
outsourcing on overhead costs.''.
SEC. 334. REVISION OF AUTHORITY TO WAIVE LIMITATION ON PERFORMANCE OF
DEPOT-LEVEL MAINTENANCE.
Section 2466(c) of title 10, United States Code, is amended to read
as follows:
``(c) Waiver of Limitation.--The President may waive the limitation
in subsection (a) for a fiscal year if--
``(1) the President determines that--
``(A) the waiver is necessary for reasons of
national security; and
``(B) compliance with the limitation cannot be
achieved through effective management of depot
operations consistent with those reasons; and
``(2) the President submits to Congress a notification of
the waiver together with a discussion of the reasons for the
waiver.''.
Subtitle E--Environmental Provisions
SEC. 341. ENVIRONMENTAL RESTORATION ACCOUNTS.
(a) Additional Account for Formerly Used Defense Sites.--Subsection
(a) of section 2703 of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) An account to be known as the `Environmental
Restoration Account, Formerly Used Defense Sites'.''.
(b) Accounts as Sole Source of Funds for Operation and Monitoring
of Environmental Remedies.--That section is further amended by adding
at the end the following:
``(f) Accounts as Sole Source of Funds for Environmental
Remedies.--(1) The sole source of funds for the long-term operation and
monitoring of an environmental remedy at a facility under the
jurisdiction of the Department of Defense shall be the applicable
environmental restoration account under subsection (a).
``(2) In this subsection, the term `environmental remedy' shall
have the meaning given the term `remedy' under section 101(24) of
CERCLA (42 U.S.C. 9601(24)).''.
SEC. 342. PAYMENT OF FINES AND PENALTIES FOR ENVIRONMENTAL COMPLIANCE
VIOLATIONS.
(a) Payment of Fines and Penalties.--(1) Chapter 160 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2710. Environmental compliance: payment of fines and penalties
for violations
``(a) In General.--The Secretary of Defense or the Secretary of a
military department may not pay a fine or penalty for an environmental
compliance violation that is imposed against the Department of Defense
or such military department, as the case may be, unless the payment of
the fine or penalty is specifically authorized by law, if--
``(1) the amount of the fine or penalty (including any
supplemental environmental projects carried out as part of such
penalty) is $1,500,000 or more; or
``(2) the fine or penalty is based on the application of
economic benefit criteria or size-of-business criteria.
``(b) Definitions.--In this section:
``(1)(A) Except as provided in subparagraph (B), the term
`environmental compliance', in the case of on-going operations,
functions, or activities at a Department of Defense facility,
means the activities necessary to ensure that such operations,
functions, or activities meet requirements under applicable
environmental law.
``(B) The term does not include operations, functions, or
activities relating to environmental restoration under this
chapter that are conducted using funds in an environmental
restoration account under section 2703(a) of this title.
``(2) The term `economic benefit criteria', in the case of
the imposition of a fine or penalty for an environmental
compliance violation, means criteria which determine the
existence of the violation, or the amount of the fine or
penalty, based on the assumption that a competitive advantage
was gained by a failure to invest money necessary to achieve
the environmental compliance concerned.
``(3) The term `size-of-business criteria', in the case of
the imposition of a fine or penalty for an environmental
compliance violation, means criteria which determine the
existence of the violation, or the amount of the fine or
penalty, based on an assessment of an entity's net worth and on
assumptions regarding the entity's ability to pay the fine or
penalty.
``(4) The term `violation', in the case of environmental
compliance, means an act or omission resulting in the failure
to ensure the compliance.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2710. Environmental compliance: payment of fines and penalties for
violations.''.
(b) Applicability.--(1) Section 2710 of title 10, United States
Code (as added by subsection (a)), shall take effect on the date of the
enactment of this Act.
(2) Subsection (a)(1) of that section, as so added, shall not apply
with respect to any supplemental environmental projects referred to in
that subsection that were agreed to before the date of the enactment of
this Act.
SEC. 343. ANNUAL REPORTS UNDER STRATEGIC ENVIRONMENTAL RESEARCH AND
DEVELOPMENT PROGRAM.
(a) Repeal of Requirement for Annual Report from Scientific
Advisory Board.--Section 2904 of title 10, United States Code, is
amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
(b) Inclusion of Actions of Board in Annual Reports of Council.--
Section 2902(d)(3) of such title is amended by adding at the end the
following subparagraph:
``(D) A summary of the actions of the Strategic
Environmental Research and Development Program
Scientific Advisory Board during the year preceding the
year in which the report is submitted and any
recommendations, including recommendations on program
direction and legislation, that the Advisory Board
considers appropriate regarding the program.''.
SEC. 344. MODIFICATION OF AUTHORITY FOR INDEMNIFICATION OF TRANSFEREES
OF CLOSING DEFENSE PROPERTY.
(a) Indemnification.--Subsection (a) of section 330 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 104-484; 10
U.S.C. 2687 note) is amended--
(1) in paragraph (1), by striking ``and suit'' and all that
follows through the end and inserting the following: ``any
suit, claim, demand or action, administrative order or demand,
liability, judgment, cost, or other fee arising out of--
``(A) any claim for personal injury or property damage
(including death, illness, or loss or damage to property) that
results from, or is in any manner predicated upon, the release
or threatened release of any hazardous substance, pollutant or
contaminant, petroleum or petroleum derivative, or unexploded
ordnance as a result of Department of Defense activities at a
military installation (or any portion thereof) that is closed
or realigned pursuant to a base closure law; or
``(B) subject to paragraph (4), any legally binding
obligation to respond or pay response costs pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), any other
Federal law, or any State law, that results from, or is in any
manner predicated upon, a release or threatened release
described in subparagraph (A).'';
(2) in paragraph (3)--
(A) by striking ``To the extent'' and inserting
``(A) Except as provided in subparagraph (B), to the
extent''; and
(B) by adding at the end the following:
``(B) The Secretary of the military department concerned may enter
into an agreement in connection with any transfer of property covered
by paragraph (2) which agreement shall specify the contribution of any
person or entity described in that paragraph to a release or threatened
release covered by this subsection. The specification of a contribution
to a release or threatened release under this subparagraph shall govern
indemnification for the release or threatened release under this
subsection, except to the extent later evidence disproves the
specification.''; and
(3) by adding at the end the following:
``(4) Indemnification under paragraph (1)(B) with respect to a
military installation (or portion thereof) shall cease five years after
the date on which the Secretary of the military department concerned
provides the covenant referred to in section 120(h)(3)(A)(ii)(I) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)(3)(A)(ii)(I)) with respect to the military
installation (or portion thereof).''.
(b) Conditions of Indemnification.--Subsection (b) of that section
is amended by striking paragraphs (1) through (4) and inserting the
following new paragraphs:
``(1) notifies the Secretary of the military department
concerned and the Attorney General in writing--
``(A) within two months after the filing of any
suit, claim, or demand or action, or the issuance of
any administrative order or demand, that reasonably
could be expected to give rise to a liability,
judgment, cost, or other fee to which subsection (a)(1)
could apply; and
``(B) before the settlement or other resolution of
such suit, claim, demand or action, or order or demand;
``(2) furnishes to the Secretary of the military department
concerned and the Attorney General copies of any pertinent
papers the person or entity receives;
``(3) furnishes to the Secretary of the military department
and the Attorney General evidence or proof of any suit, claim,
demand or action, administrative order or demand, liability,
judgment, cost, or other fee; and
``(4) provides, upon request of the Secretary of the
military department concerned or the Attorney General, access
to records and personnel of the person or entity for purposes
of defending or settling the suit, claim, demand or action, or
order or demand.''.
(c) Settlement Authority of Secretary of Defense.--Subsection
(c)(1) of that section is amended--
(1) by inserting ``administrative order or demand,'' after
``demand or action,''; and
(2) by striking ``or property damage'' both places it
appears and inserting ``, property damage, or environmental
response or response cost''.
(d) Conforming Repeal.--That section is further amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
(e) Definitions.--Subsection (e) of that section, as redesignated
by subsection (d)(2) of this section, is further amended by striking
paragraph (1) and inserting the following new paragraph (1):
``(1) The terms `facility', `hazardous substance',
`release', `response', and `pollutant or contaminant' have the
meanings given such terms in paragraphs (9), (14), (22), (25),
and (33) of section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, respectively
(42 U.S.C. 9601(9), (14), (22), (25), and (33)).''.
SEC. 345. PAYMENT OF FINES OR PENALTIES IMPOSED FOR ENVIRONMENTAL
COMPLIANCE VIOLATIONS AT CERTAIN DEPARTMENT OF DEFENSE
FACILITIES.
(a) Army.--The Secretary of the Army may, from amounts authorized
to be appropriated for the Army by this title and available for such
purpose, utilize amounts for the purposes and at the locations, as
follows:
(1) $993,000 for a Supplemental Environmental Project to
implement an installation-wide hazardous substance management
system at Walter Reed Army Medical Center, Washington, District
of Columbia, in satisfaction of a fine imposed by Environmental
Protection Agency Region 3 under the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.).
(2) $377,250 for a Supplemental Environmental Project to
install new parts washers at Fort Campbell, Kentucky, in
satisfaction of a fine imposed by Environmental Protection
Agency Region 4 under the Solid Waste Disposal Act.
(3) $20,701 for a Supplemental Environmental Project to
upgrade the wastewater treatment plant at Fort Gordon, Georgia,
in satisfaction of a fine imposed by the State of Georgia under
the Solid Waste Disposal Act.
(4) $78,500 for Supplemental Environmental Projects to
reduce the generation of hazardous waste at Pueblo Chemical
Depot, Colorado, in satisfaction of a fine imposed by the State
of Colorado under the Solid Waste Disposal Act.
(5) $20,000 for a Supplemental Environmental Project to
repair cracks in floors of igloos used to store munitions
hazardous waste at Deseret Chemical Depot, Utah, in
satisfaction of a fine imposed by the State of Utah under the
Solid Waste Disposal Act.
(b) Navy.--The Secretary of the Navy may, from amounts authorized
to be appropriated for the Navy by this title and available for such
purpose, utilize amounts for the purposes and at the locations, as
follows:
(1) $108,800 for payment to the West Virginia Division of
Environmental Protection of a cash penalty with respect to
Allegany Ballistics Laboratory, West Virginia, under the Solid
Waste Disposal Act.
(2) $5,000 for payment to Environmental Protection Agency
Region 6 of a cash penalty with respect to Naval Air Station,
Corpus Christi, Texas, under the Clean Air Act (42 U.S.C.
7401).
SEC. 346. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH THE FORMER
NANSEMOND ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA.
(a) Authority.--The Secretary of Defense may pay, using funds
described in subsection (b), not more than $98,210 to the Former
Nansemond Ordnance Depot Site Special Account within the Hazardous
Substance Superfund established by section 9507 of the Internal Revenue
Code of 1986 (26 U.S.C. 9507) to reimburse the Environmental Protection
Agency for costs incurred by the agency in overseeing a time critical
removal action under CERCLA being performed by the Department of
Defense under the Defense Environmental Restoration Program for
ordnance and explosive safety hazards at the Former Nansemond Ordnance
Depot Site, Suffolk, Virginia, pursuant to an Interagency Agreement
entered into by the Department of the Army and the Environmental
Protection Agency on January 3, 2000.
(b) Source of Funds.--Any payment under subsection (a) shall be
made using amounts authorized to be appropriated by section 301 to the
Environmental Restoration Account, Formerly Used Defense Sites,
established by paragraph (5) of section 2703(a) of title 10, United
States Code, as added by section 341(a) of this Act.
(c) Definitions.--In this section:
(1) The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(2) The term ``Defense Environmental Restoration Program''
means the program of environmental restoration carried out
under chapter 160 of title 10, United States Code.
SEC. 347. ENVIRONMENTAL RESTORATION ACTIVITIES.
(a) Authority To Use Funds for Facilities Relocation.--During the
period beginning on October 1, 2000, and ending on September 30, 2003,
the Secretary concerned may use funds available under section 2703 of
title 10, United States Code, to pay for the costs of permanently
relocating facilities because of a release or threatened release of
hazardous substances, pollutants, or contaminants from--
(1) real property or facilities currently under the
jurisdiction of the Secretary of Defense; or
(2) real property or facilities that were under the
jurisdiction of the Secretary of Defense at the time of the
actions leading to such release or threatened release.
(b) Limitations.--(1) The Secretary concerned may not pay the costs
of permanently relocating facilities under subsection (a) unless the
Secretary concerned determines in writing that such permanent
relocation of facilities is part of a response action that--
(A) has the support of the affected community;
(B) has the approval of relevant regulatory agencies; and
(C) is the most cost effective response action available.
(2) Not more than 5 percent of the funds available under section
2703 of title 10, United States Code, in any fiscal year may be used to
pay the costs of permanently relocating facilities pursuant to the
authority in subsection (a).
(c) Reports.--(1) Not later than November 30 of each of 2001, 2002,
and 2003, the Secretary of Defense shall submit to Congress a report on
each response action for which a written determination has been made
under subsection (b)(1) in the fiscal year ending in such year.
(2) Each report for a fiscal year under paragraph (1) shall contain
the following:
(A) A copy of each written determination under subsection
(b)(1) during such fiscal year.
(B) A description of the response action taken or to be
taken in connection with each such written determination.
(C) A statement of the costs incurred or to be incurred in
connection with the permanent relocation of facilities covered
by each such written determination.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means the following:
(1) The Secretary of a military department, with regard to
real property or facilities for which such military department
is the lead agency.
(2) The Secretary of Defense, for any other real property
or facilities.
SEC. 348. SHIP DISPOSAL PROJECT.
(a) Continuation of Project.--(1) Subject to the provisions of this
subsection, the Secretary of the Navy shall continue to carry out a
ship disposal project within the United States during fiscal year 2001.
(2) The scope of the ship disposal project shall be sufficient to
permit the Secretary to assemble appropriate data on the cost of
scrapping ships.
(3) The Secretary shall use competitive procedures to award all
task orders under the primary contracts under the ship disposal
project.
(b) Report.--Not later than December 31, 2000, the Secretary shall
submit to the congressional defense committees a report on the ship
disposal project referred to in subsection (a). The report shall
contain the following:
(1) A description of the competitive procedures used for
the solicitation and award of all task orders under the
project.
(2) A description of the task orders awarded under the
project.
(3) An assessment of the results of the project as of the
date of the report, including the performance of contractors
under the project.
(4) The proposed strategy of the Navy for future
procurement of ship scrapping activities.
SEC. 349. REPORT ON DEFENSE ENVIRONMENTAL SECURITY CORPORATE
INFORMATION MANAGEMENT PROGRAM.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the Defense Environmental
Security Corporate Information Management program.
(b) Report Elements.--The report under subsection (a) shall include
the following elements:
(1) The recommendations of the Secretary for the future
mission of the Defense Environmental Security Corporate
Information Management program.
(2) A discussion of the means by which the program will
address or provide the following:
(A) Information access procedures which keep pace
with current and evolving requirements for information
access.
(B) Data standardization and systems integration.
(C) Product failures and cost-effective results.
(D) User confidence and utilization.
(E) Program continuity.
(F) Program accountability, including
accountability for all past, current, and future
activities funded under the program.
(G) Program management and oversight.
(H) Program compliance with applicable requirements
of the Clinger-Cohen Act of 1996 (divisions D and E of
Public Law 104-106) and applicable requirements under
other provisions of law.
SEC. 350. REPORT ON PLASMA ENERGY PYROLYSIS SYSTEM.
(a) Report Required.--Not later than October 1, 2000, the Secretary
of the Army shall submit to the congressional defense committees a
report on the Plasma Energy Pyrolysis System (PEPS).
(b) Report Elements.--The report on the Plasma Energy Pyrolysis
System under subsection (a) shall include the following:
(1) An analysis of available information and data on the
fixed-transportable unit demonstration phase of the System and
on the mobile unit demonstration phase of the System.
(2) Recommendations regarding future applications for each
phase of the System described in paragraph (1).
(3) A statement of the projected funding for such future
applications.
Subtitle F--Other Matters
SEC. 361. EFFECTS OF WORLDWIDE CONTINGENCY OPERATIONS ON READINESS OF
CERTAIN MILITARY AIRCRAFT AND EQUIPMENT.
(a) Requirement for Report.--The Secretary of Defense shall submit
to Congress, not later than 180 days after the date of the enactment of
this Act, a report on--
(1) the effects of worldwide contingency operations of the
Navy, Marine Corps, and Air Force on the readiness of aircraft
of those Armed Forces; and
(2) the effects of worldwide contingency operations of the
Army and Marine Corps on the readiness of ground equipment of
those Armed Forces.
(b) Content of Report.--The report shall contain the Secretary's
assessment of the effects of the contingency operations referred to in
subsection (a) on the capability of the Department of Defense to
maintain a high level of equipment readiness and to manage a high
operating tempo for the aircraft and ground equipment.
(c) Effects on Aircraft.--The assessment contained in the report
shall address, with respect to aircraft, the following effects:
(1) The effects of the contingency operations carried out
during fiscal years 1995 through 2000 on the aircraft of each
of the Navy, Marine Corps, and Air Force in each category of
aircraft, as follows:
(A) Combat tactical aircraft.
(B) Strategic aircraft.
(C) Combat support aircraft.
(D) Combat service support aircraft.
(2) The types of adverse effects on the aircraft of each of
the Navy, Marine Corps, and Air Force in each category of
aircraft specified in paragraph (1) resulting from contingency
operations, as follows:
(A) Patrolling in no-fly zones--
(i) over Iraq in Operation Northern Watch;
(ii) over Iraq in Operation Southern Watch;
and
(iii) over the Balkans in Operation Allied
Force.
(B) Air operations in the NATO air war against
Serbia in Operation Sky Anvil, Operation Noble Anvil,
and Operation Allied Force.
(C) Air operations in Operation Shining Hope in
Kosovo.
(D) All other activities within the general context
of worldwide contingency operations.
(3) Any other effects that the Secretary considers
appropriate in carrying out subsection (a).
(d) Effects on Ground Equipment.--The assessment contained in the
report shall address, with respect to ground equipment, the following
effects:
(1) The effects of the contingency operations carried out
during fiscal years 1995 through 2000 on the ground equipment
of each of the Army and Marine Corps.
(2) Any other effects that the Secretary considers
appropriate in carrying out subsection (a).
SEC. 362. REALISTIC BUDGETING FOR READINESS REQUIREMENTS OF THE ARMY.
(a) Requirement for New Methodology.--The Secretary of the Army
shall develop a new methodology for preparing budget requests for
operation and maintenance that can be used to ensure that the budget
requests for operation and maintenance for future fiscal years more
accurately reflect the Army's requirements than do the budget requests
that have been submitted to Congress for fiscal year 2001 and preceding
fiscal years.
(b) Sense of Congress on the New Methodology.--It is the sense of
Congress that--
(1) the methodology should provide for the determination of
the budget levels to request for operation and maintenance to
be based on--
(A) the level of training that must be conducted in
order to maintain essential readiness;
(B) the cost of conducting the training at that
level; and
(C) the costs of all other Army operations,
including the cost of meeting infrastructure
requirements; and
(2) the Secretary should use the new methodology in the
preparation of the budget requests for operation and
maintenance for fiscal years after fiscal year 2001.
SEC. 363. ADDITIONS TO PLAN FOR ENSURING VISIBILITY OVER ALL IN-TRANSIT
END ITEMS AND SECONDARY ITEMS.
(a) Required Additions.--Subsection (d) of section 349 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 1981; 10 U.S.C. 2458 note) is amended--
(1) by inserting before the period at the end of paragraph
(1) ``, including specific actions to address underlying
weaknesses in the controls over items being shipped''; and
(2) by adding at the end the following:
``(5) The key management elements for monitoring, and for
measuring the progress achieved in, the implementation of the
plan, including--
``(A) the assignment of oversight responsibility
for each action identified pursuant to paragraph (1);
``(B) a description of the resources required for
oversight; and
``(C) an estimate of the annual cost of
oversight.''.
(b) Conforming Amendments.--(1) Subsection (a) of such section is
amended by striking ``Not later than'' and all that follows through
``Congress'' and inserting ``The Secretary of Defense shall prescribe
and carry out''.
(2) Such section is further amended by adding at the end the
following:
``(f) Submissions to Congress.--After the Secretary submits the
plan to Congress (on a date not later than March 1, 1999), the
Secretary shall submit to Congress any revisions to the plan that are
required by any law enacted after October 17, 1998. The revisions so
made shall be submitted not later than 180 days after the date of the
enactment of the law requiring the revisions.''.
(3) Subsection (e)(1) of such section is amended by striking
``submits the plan'' and inserting ``submits the initial plan''.
SEC. 364. PERFORMANCE OF EMERGENCY RESPONSE FUNCTIONS AT CHEMICAL
WEAPONS STORAGE INSTALLATIONS.
(a) Restriction on Conversion.--The Secretary of the Army may not
convert to contractor performance the emergency response functions of
any chemical weapons storage installation that, as of the date of the
enactment of this Act, are performed for that installation by employees
of the United States until the certification required by subsection (c)
has been submitted in accordance with that subsection.
(b) Covered Installations.--For the purposes of this section, a
chemical weapons storage installation is any installation of the
Department of Defense on which lethal chemical agents or munitions are
stored.
(c) Certification Requirement.--The Secretary of the Army shall
certify in writing to the Committees on Armed Services of the Senate
and the House of Representatives that, to ensure that there will be no
lapse of capability to perform the chemical weapon emergency response
mission at a chemical weapons storage installation during any
transition to contractor performance of those functions at that
installation, the plan for conversion of the performance of those
functions--
(1) is consistent with the recommendation contained in
General Accounting Office Report NSIAD-00-88, entitled ``DoD
Competitive Sourcing'', dated March 2000; and
(2) provides for a transition to contractor performance of
emergency response functions which ensures an adequate transfer
of the relevant knowledge and expertise regarding chemical
weapon emergency response to the contractor personnel.
SEC. 365. CONGRESSIONAL NOTIFICATION OF USE OF RADIO FREQUENCY SPECTRUM
BY A SYSTEM ENTERING ENGINEERING AND MANUFACTURING
DEVELOPMENT.
Before a decision is made to enter into the engineering and
manufacturing development phase of a program for the acquisition of a
system that is to use the radio frequency spectrum, the Secretary of
Defense shall submit to the congressional defense committees a report
setting forth the following:
(1) The frequency or frequencies that the system will use.
(2) A statement of whether the Department of Defense is, or
is to be, designated as the primary user of the particular
frequency or frequencies.
(3) If not, the unique technical characteristics that make
it necessary to use the particular frequency or frequencies.
(4) A description of the protections that the Department of
Defense has been given to ensure that it will not incur costs
as a result of current or future interference from other users
of the particular frequency or frequencies.
SEC. 366. MONITORING OF VALUE OF PERFORMANCE OF DEPARTMENT OF DEFENSE
FUNCTIONS BY WORKFORCES SELECTED FROM BETWEEN PUBLIC AND
PRIVATE WORKFORCES.
(a) Requirement for a Monitoring System.--(1) Chapter 146 of title
10, United States Code, as amended by section 332(f), is further
amended by adding at the end the following:
``Sec. 2476. Public-private workforce selections: system for monitoring
value
``(a) System for Monitoring Performance.--(1) The Secretary of
Defense shall establish a system for monitoring the performance of
functions of the Department of Defense that--
``(A) are performed by 50 or more employees of the
department; and
``(B) have been subjected to a workforce review.
``(2) In this section, the term `workforce review', with respect to
a function, is a review to determine whether the function should be
performed by a workforce composed of Federal Government employees or by
a private sector workforce, and includes any review for that purpose
that is carried out under, or is associated with, the following:
``(A) Office of Management and Budget Circular A-76.
``(B) A strategic sourcing.
``(C) A base closure or realignment.
``(D) Any other reorganization, privatization, or
reengineering of an organization.
``(b) Performance Measurements.--The system for monitoring the
performance of a function shall provide for the measurement of the
costs and benefits resulting from the selection of one workforce over
the other workforce pursuant to a workforce review, as follows:
``(1) The costs incurred.
``(2) The savings derived.
``(3) The value of the performance by the selected
workforce measured against the costs of the performance of that
function by the workforce performing the function as of the
beginning of the workforce review, as the workforce then
performing the function was organized.
``(c) Annual Report.--The Secretary shall submit to Congress, not
later than February 1 of each fiscal year, a report on the measurable
value of the performance during the preceding fiscal year of the
functions that have been subjected to a workforce review, as determined
under the monitoring system established under subsection (a). The
report shall display the findings separately for each of the armed
forces and for each Defense Agency.
``(d) Consideration in Preparation of Future-Years Defense
Program.--In preparing the future-years defense program under section
221 of this title, the Secretary of Defense shall, for the fiscal years
covered by the program, estimate and take into account the costs to be
incurred and the savings to be derived from the performance of
functions by workforces selected in workforce reviews. The Secretary
shall consider the results of the monitoring under this section in
making the estimates.''.
(2) The table of sections at the beginning of such chapter, as
amended by section 332(i)(2), is further amended by adding at the end
the following:
``2476. Public-private workforce selections: system for monitoring
value.''.
(b) Content of Congressional Notification of Conversions.--
Paragraph (1) of section 2461(c) of title 10, United States Code, is
amended--
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (F) and (G);
(2) by inserting after subparagraph (B), the following new
subparagraph (C):
``(C) The Secretary's certification that the factors
considered in the examinations performed under subsection
(b)(3), and in the making of the decision to change
performance, did not include any predetermined personnel
constraint or limitation in terms of man years, end strength,
full-time equivalent positions, or maximum number of
employees.''; and
(3) by inserting after subparagraph (D), as redesignated by
paragraph (1), the following new subparagraph (E):
``(E) A statement of the potential economic effect of the
change on each affected local community, as determined in the
examination under subsection (b)(3)(B)(ii).''.
SEC. 367. SUSPENSION OF REORGANIZATION OF NAVAL AUDIT SERVICE.
The Secretary of the Navy shall cease any consolidations,
involuntary transfers, buy-outs, or reductions in force of the
workforce of auditors and administrative support personnel of the Naval
Audit Service that are associated with the reorganization or relocation
of the performance of the auditing functions of the Navy until 60 days
after the date on which the Secretary submits to the congressional
defense committees a report that sets forth in detail the Navy's plans
and justification for the reorganization or relocation, as the case may
be.
SEC. 368. INVESTMENT OF COMMISSARY TRUST REVOLVING FUND.
Section 2486 of title 10, United States Code, is amended--
(1) in subsection (g)(5), by striking ``(5) In this
subsection'' and inserting ``(i) Commissary Trust Revolving
Fund Defined.--In this section''; and
(2) by inserting after subsection (g)(4) the following:
``(h) Investment of Commissary Trust Revolving Fund.--The Secretary
of Defense shall invest such portion of the commissary trust revolving
fund as is not, in the judgment of the Secretary, required to meet
current withdrawals. The investments shall be in public debt securities
with maturities suitable to the needs of the fund, as determined by the
Secretary, and bearing interest at rates determined by the Secretary of
the Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States of comparable
maturities. The income derived from the investments shall be credited
to and form a part of the fund.''.
SEC. 369. ECONOMIC PROCUREMENT OF DISTILLED SPIRITS.
Subsection 2488(c) of title 10, United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 370. RESALE OF ARMOR-PIERCING AMMUNITION DISPOSED OF BY THE ARMY.
(a) Restriction.--(1) Chapter 443 of title 10, United States Code,
is amended by adding at the end the following:
``Sec. 4688. Armor-piercing ammunition and components: condition on
disposal
``(a) Limitation on Resale or Other Transfer.--Except as provided
in subsection (b), whenever the Secretary of the Army carries out a
disposal (by sale or otherwise) of armor-piercing ammunition, or a
component of armor-piercing ammunition, the Secretary shall require as
a condition of the disposal that the recipient agree in writing not to
sell or otherwise transfer any of the ammunition (reconditioned or
otherwise), or any armor-piercing component of that ammunition, to any
purchaser in the United States other than a law enforcement or other
governmental agency.
``(b) Exception.--Subsection (a) does not apply to a transfer of a
component of armor-piercing ammunition solely for the purpose of metal
reclamation by means of a destructive process such as melting,
crushing, or shredding.
``(c) Special Rule for Non-Armor-Piercing Components.--A component
of the armor-piercing ammunition that is not itself armor-piercing and
is not subjected to metal reclamation as described in subsection (b)
may not be used as a component in the production of new or
remanufactured armor-piercing ammunition other than for sale to a law
enforcement or other governmental agency or for a government-to-
government sale or commercial export to a foreign government under the
Arms Export Control Act.
``(d) Definition.--In this section, the term `armor-piercing
ammunition' means a center-fire cartridge the military designation of
which includes the term `armor penetrator' or `armor-piercing',
including a center-fire cartridge designated as armor-piercing
incendiary (API) or armor-piercing incendiary-tracer (API-T).''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``4688. Armor-piercing ammunition and components: condition on
disposal.''.
(b) Applicability.--Section 4688 of title 10, United States Code
(as added by subsection (a)), shall apply with respect to any disposal
of ammunition or components referred to in that section after the date
of the enactment of this Act.
SEC. 371. DAMAGE TO AVIATION FACILITIES CAUSED BY ALKALI SILICA
REACTIVITY.
(a) Assessment Required.--The Secretary of Defense shall assess the
damage caused to aviation facilities of the Department of Defense by
alkali silica reactivity. In making the assessment, the Secretary shall
review the department's aviation facilities throughout the world.
(b) Damage Prevention and Mitigation Plan.--(1) Taking into
consideration the assessment under subsection (a), the Secretary may
develop and, during fiscal years 2001 through 2006, carry out a plan to
prevent and mitigate damage to the aviation facilities of the
Department of Defense as a result of alkali silica reactivity.
(2) A plan developed under paragraph shall provide for the
following:
(A) Treatment of alkali silica reactivity in pavement and
structures at a selected test site.
(B) The demonstration and deployment of technologies
capable of mitigating alkali silica reactivity in hardened
concrete structures and pavements.
(C) The promulgation of specific guidelines for appropriate
testing and use of lithium salts to prevent alkali silica
reactivity in new construction.
(c) Delegation of Authority.--The Secretary shall direct the Chief
of Engineers of the Army and the Commander of the Naval Facilities
Engineering Command to carry out the assessment required by subsection
(a) and to develop and carry out the plan required by subsection (b).
(d) Funding.--Of the amounts authorized to be appropriated under
section 301, not more than $5,000,000 is available for carrying out
this section.
SEC. 372. REAUTHORIZATION OF PILOT PROGRAM FOR ACCEPTANCE AND USE OF
LANDING FEES CHARGED FOR USE OF DOMESTIC MILITARY
AIRFIELDS BY CIVIL AIRCRAFT.
(a) Reauthorization.--Subsection (a) of section 377 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 1993; 10 U.S.C. 113 note) is amended as
follows:
(1) by striking ``1999 and 2000'' and inserting ``2001
through 2010''; and
(2) by striking the second sentence and inserting ``The
pilot program under this section may not be carried out after
September 30, 2010.''.
(b) Fees Collected.--Subsection (b) of such section is amended to
read as follows:
``(b) Landing Fee Defined.--For the purposes of this section, the
term `landing fee' means any fee that is established under or in
accordance with regulations of the military department concerned
(whether prescribed in a fee schedule or imposed under a joint-use
agreement) to recover costs incurred for use by civil aircraft of an
airfield of the military department in the United States or in a
territory or possession of the United States.''.
(c) Use of Proceeds.--Subsection (c) of such section is amended by
striking ``Amounts received for a fiscal year in payment of landing
fees imposed under the pilot program for use of a military airfield''
and inserting ``Amounts received in payment of landing fees for use of
a military airfield in a fiscal year of the pilot program''.
(d) Report.--Subsection (d) of such section is amended--
(1) by striking ``March 31, 2000,'' and inserting ``March
31, 2003,''; and
(2) by striking ``December 31, 1999'' and inserting
``December 31, 2002''.
SEC. 373. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR SUPPORT PROVIDED AT
JOHNSTON ATOLL.
(a) In General.--Chapter 949 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 9783. Johnston Atoll: reimbursement for support provided to
civil air carriers
``(a) Authority of the Secretary.--The Secretary of the Air Force
may, under regulations prescribed by the Secretary, require payment by
a civil air carrier for support provided by the United States to the
carrier at Johnston Atoll that is either--
``(1) requested by the civil air carrier; or
``(2) determined under the regulations as being necessary
to accommodate the civil air carrier's use of Johnston Atoll.
``(b) Amount of Charges.--Any amount charged an air carrier under
subsection (a) for support shall be equal to the total amount of the
actual costs to the United States of providing the support. The amount
charged may not include any amount for an item of support that does not
satisfy a condition described in paragraph (1) or (2) of subsection
(a).
``(c) Relationship to Landing Fees.--No landing fee shall be
charged an air carrier for a landing of an aircraft of the air carrier
at Johnston Atoll if the air carrier is charged under subsection (a)
for support provided to the air carrier.
``(d) Disposition of Payments.--(1) Notwithstanding any other
provision of law, amounts collected from an air carrier under this
section shall be credited to appropriations available for the fiscal
year in which collected, as follows:
``(A) For support provided by the Air Force, to
appropriations available for the Air Force for operation and
maintenance.
``(B) For support provided by the Army, to appropriations
available for the Army for chemical demilitarization.
``(2) Amounts credited to an appropriation under paragraph (1)
shall be merged with funds in that appropriation and shall be
available, without further appropriation, for the purposes and period
for which the appropriation is available.
``(e) Definitions.--In this section:
``(1) The term `civil air carrier' means an air carrier (as
defined in section 40101(a)(2) of title 49) that is issued a
certificate of public convenience and necessity under section
41102 of such title.
``(2) The term `support' includes fuel, fire rescue, use of
facilities, improvements necessary to accommodate use by civil
air carriers, police, safety, housing, food, air traffic
control, suspension of military operations on the island
(including operations at the Johnston Atoll Chemical Agent
Demilitarization System), repairs, and any other construction,
services, or supplies.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``9783. Johnston Atoll: reimbursement for support provided to civil air
carriers.''.
SEC. 374. REVIEW OF COSTS OF MAINTAINING HISTORICAL PROPERTIES.
(a) Requirement for Review.--The Comptroller General of the United
States shall conduct a review of the annual costs incurred by the
Department of Defense to comply with the requirements of the National
Historic Preservation Act (16 U.S.C. 470 et seq.).
(b) Report.--Not later than February 28, 2001, the Comptroller
General shall submit to the congressional defense committees a report
on the results of the review. The report shall contain the following:
(1) For each military department and Defense Agency and for
the Department of Defense in the aggregate, the cost for fiscal
year 2000 and the projected costs for the ensuing 10 fiscal
years.
(2) An analysis of the cost to maintain only those
properties that qualified as historic properties under the
National Historic Preservation Act when such Act was originally
enacted.
(3) The accounts used for paying the costs of complying
with the requirements of the National Historic Preservation
Act.
(4) For each military department and Defense Agency, the
identity of all properties that must be maintained in order to
comply with the requirements of the National Historic
Preservation Act.
SEC. 375. EXTENSION OF AUTHORITY TO SELL CERTAIN AIRCRAFT FOR USE IN
WILDFIRE SUPPRESSION.
Section 2 of the Wildfire Suppression Aircraft Transfer Act of 1996
(Public Law 104-307) is amended--
(1) in subsection (a)(1) by striking ``September 30, 2000''
and inserting ``September 30, 2005'';
(2) by adding at the end of subsection (d)(1) the
following: ``After taking effect, the regulations shall be
effective until the end of the period specified in subsection
(a)(1).'';
(3) in subsection (f), by striking ``March 31, 2000'' and
inserting ``March 31, 2005''.
SEC. 376. OVERSEAS AIRLIFT SERVICE ON CIVIL RESERVE AIR FLEET AIRCRAFT.
(a) In General.--Section 41106(a) of title 49, United States Code,
is amended--
(1) by striking ``General.--(1) Except as provided in
subsection (b),'' and inserting ``Interstate Transportation.--
(1) Except as provided in subsection (d),'';
(2) in paragraph (1), by striking ``of at least 31 days'';
(3) by redesignating subsection (b) as subsection (d); and
(4) by inserting after subsection (a) the following:
``(b) Transportation Between the United States and Foreign
Locations.--Except as provided in subsection (d), the transportation of
passengers or property by transport category aircraft between a place
in the United States and a place outside the United States obtained by
the Secretary of Defense or the Secretary of a military department
through a contract for airlift service may be provided by an air
carrier referred to in subsection (a).
``(c) Transportation Between Foreign Locations.--The transportation
of passengers or property by transport category aircraft between two
places outside the United States obtained by the Secretary of Defense
or the Secretary of a military department through a contract for
airlift service shall be provided by an air carrier that has aircraft
in the civil reserve air fleet whenever transportation by such an air
carrier is reasonably available.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2001, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,000.
(3) The Marine Corps, 172,600.
(4) The Air Force, 357,000.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2001, as follows:
(1) The Army National Guard of the United States, 350,088.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 88,900.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States, 108,022.
(6) The Air Force Reserve, 74,300.
(7) The Coast Guard Reserve, 8,500.
(b) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2001, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 22,536.
(2) The Army Reserve, 12,806.
(3) The Naval Reserve, 14,649.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,170.
(6) The Air Force Reserve, 1,278.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2001 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 5,249.
(2) For the Army National Guard of the United States,
22,357.
(3) For the Air Force Reserve, 9,733.
(4) For the Air National Guard of the United States,
22,221.
SEC. 414. FISCAL YEAR 2001 LIMITATION ON NON-DUAL STATUS TECHNICIANS.
(a) Limitation.--The number of non-dual status technicians employed
by the reserve components of the Army and the Air Force as of September
30, 2001, may not exceed the following:
(1) For the Army Reserve, 1,195.
(2) For the Army National Guard of the United States,
1,600.
(3) For the Air Force Reserve, 0.
(4) For the Air National Guard of the United States, 326.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given the term in
section 10217(a) of title 10, United States Code.
(c) Postponement of Permanent Limitation.--Section 10217(c)(2) of
title 10, United States Code, is amended by striking ``October 1,
2001'' and inserting ``October 1, 2002''.
SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES AUTHORIZED
TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Officers.--The table in section 12011(a) of title 10, United
States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,227 1,071 898 140
Lieutenant Colonel or Commander..... 1,687 520 844 90
Colonel or Navy Captain............. 511 188 317 30''.
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table in section 12012(a) of
title 10, United States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 662 202 501 20
E-8................................. 2,676 429 1,102 94''.
------------------------------------------------------------------------
Subtitle C--Other Matters Relating to Personnel Strengths
SEC. 421. SUSPENSION OF STRENGTH LIMITATIONS DURING WAR OR NATIONAL
EMERGENCY.
(a) Senior Enlisted Members.--Section 517 of title 10, United
States Code, is amended by adding at the end the following new
subsection (c):
``(c) The Secretary of Defense may suspend the operation of this
section in time of war or of national emergency declared by the
Congress or by the President. Any suspension shall, if not sooner
ended, end on the last day of the 2-year period beginning on the date
on which the suspension (or the last extension thereof) takes effect or
on the last day of the 1-year period beginning on the date of the
termination of the war or national emergency, whichever occurs first.
Title II of the National Emergencies Act (50 U.S.C. 1621-1622) shall
not apply to an extension under this subsection.''.
(b) Senior AGR Personnel.--(1) Chapter 1201 of such title is
amended by adding at the end the following:
``Sec. 12013. Authority to suspend sections 12011 and 12012
``The Secretary of Defense may suspend the operation of section
12011 or 12012 of this title in time of war or of national emergency
declared by the Congress or by the President. Any suspension shall, if
not sooner ended, end on the last day of the 2-year period beginning on
the date on which the suspension (or the last extension thereof) takes
effect or on the last day of the 1-year period beginning on the date of
the termination of the war or national emergency, whichever occurs
first. Title II of the National Emergencies Act (50 U.S.C. 1621-1622)
shall not apply to an extension under this subsection.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``12013. Authority to suspend sections 12011 and 12012.''.
SEC. 422. EXCLUSION OF CERTAIN RESERVE COMPONENT MEMBERS ON ACTIVE DUTY
FOR MORE THAN 180 DAYS FROM ACTIVE COMPONENT END
STRENGTHS.
Section 115(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(9) Members of reserve components (not described in
paragraph (8)) on active duty for more than 180 days to perform
special work in support of the armed forces (other than in
support of the Coast Guard) and the combatant commands, except
that the number of the members excluded under this paragraph
may not exceed the number equal to two-tenths of one percent of
the end strength authorized for active-duty personnel under
subsection (a)(1)(A).''.
SEC. 423. EXCLUSION OF ARMY AND AIR FORCE MEDICAL AND DENTAL OFFICERS
FROM LIMITATION ON STRENGTHS OF RESERVE COMMISSIONED
OFFICERS IN GRADES BELOW BRIGADIER GENERAL.
Section 12005(a) of title 10, United States Code, is amended by
adding at the end the following:
``(3) Medical officers and dental officers shall not be counted for
the purposes of this subsection.''.
SEC. 424. AUTHORITY FOR TEMPORARY INCREASES IN NUMBER OF RESERVE
PERSONNEL SERVING ON ACTIVE DUTY OR FULL-TIME NATIONAL
GUARD DUTY IN CERTAIN GRADES.
(a) Officers.--Section 12011 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) Upon increasing under subsection (c)(2) of section 115 of
this title the end strength that is authorized under subsection
(a)(1)(B) of that section for a fiscal year for active-duty personnel
and full-time National Guard duty personnel of an armed force who are
to be paid from funds appropriated for reserve personnel, the Secretary
of Defense may increase for that fiscal year the limitation that is set
forth in subsection (a) of this section for the number of officers of
that armed force serving in any grade if the Secretary determines that
such action is in the national interest. The percent of the increase
may not exceed the percent by which the Secretary increases that end
strength.''.
(b) Enlisted Personnel.--Section 12012 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(c) Upon increasing under subsection (c)(2) of section 115 of
this title the end strength that is authorized under subsection
(a)(1)(B) of that section for a fiscal year for active-duty personnel
and full-time National Guard duty personnel of an armed force who are
to be paid from funds appropriated for reserve personnel, the Secretary
of Defense may increase for that fiscal year the limitation that is set
forth in subsection (a) of this section for the number of enlisted
members of that armed force serving in any grade if the Secretary
determines that such action is in the national interest. The percent of
the increase may not exceed the percent by which the Secretary
increases that end strength.''.
SEC. 425. TEMPORARY EXEMPTION OF DIRECTOR OF THE NATIONAL SECURITY
AGENCY FROM LIMITATIONS ON NUMBER OF AIR FORCE OFFICERS
ABOVE MAJOR GENERAL.
Section 525(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(8) An Air Force officer while serving as Director of the
National Security Agency 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) and the number
that would otherwise be permitted for the Air Force for officers
serving on active duty in grades above brigadier general under
subsection (a). This paragraph shall not be effective after September
30, 2005.''.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2001 a total of
$75,632,266,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2001.
TITLE V--MILITARY PERSONNEL POLICY
SEC. 501. ELIGIBILITY OF ARMY RESERVE COLONELS AND BRIGADIER GENERALS
FOR POSITION VACANCY PROMOTIONS.
Section 14315(b)(1) of title 10, United States Code, is amended by
inserting after ``(A) is assigned to the duties of a general officer of
the next higher reserve grade in the Army Reserve'' the following: ``or
is recommended for such an assignment under regulations prescribed by
the Secretary of the Army''.
SEC. 502. PROMOTION ZONES FOR COAST GUARD RESERVE OFFICERS.
(a) Flexible Authority To Meet Coast Guard Needs.--Section 729(d)
of title 14, United States Code, is amended to read as follows:
``(d)(1) Before convening a selection board to recommend Reserve
officers for promotion, the Secretary shall establish a promotion zone
for officers serving in each grade and competitive category to be
considered by the board. The Secretary shall determine the number of
officers in the promotion zone for officers serving in any grade and
competitive category from among officers who are eligible for promotion
in that grade and competitive category.
``(2) Before convening a selection board to recommend Reserve
officers for promotion to a grade above lieutenant (junior grade), the
Secretary shall determine the maximum number of officers in that grade
and competitive category that the board may recommend for promotion.
The Secretary shall make the determination under the preceding sentence
of the maximum number that may be recommended with a view to having in
an active status a sufficient number of Reserve officers in each grade
and competitive category to meet the needs of the Coast Guard for
Reserve officers in an active status. In order to make that
determination, the Secretary shall determine (A) the number of
positions needed to accomplish mission objectives which require
officers of such competitive category in the grade to which the board
will recommend officers for promotion, (B) the estimated number of
officers needed to fill vacancies in such positions during the period
in which it is anticipated that officers selected for promotion will be
promoted, (C) the number of officers authorized by the Secretary to
serve in an active status in the grade and competitive category under
consideration, and (D) any statutory limitation on the number of
officers in any grade or category (or combination thereof) authorized
to be in an active status.
``(3)(A) The Secretary may, when the needs of the Coast Guard
require, authorize the consideration of officers in a grade above
lieutenant (junior grade) for promotion to the next higher grade from
below the promotion zone.
``(B) When selection from below the promotion zone is authorized,
the Secretary shall establish the number of officers that may be
recommended for promotion from below the promotion zone in each
competitive category to be considered. That number may not exceed the
number equal to 10 percent of the maximum number of officers that the
board is authorized to recommend for promotion in such competitive
category, except that the Secretary may authorize a greater number, not
to exceed 15 percent of the total number of officers that the board is
authorized to recommend for promotion, if the Secretary determines that
the needs of the Coast Guard so require. If the maximum number
determined under this paragraph is less than one, the board may
recommend one officer for promotion from below the promotion zone.
``(C) The number of officers recommended for promotion from below
the promotion zone does not increase the maximum number of officers
that the board is authorized to recommend for promotion under paragraph
(2).''.
(b) Running Mate System.--(1) Section 731 of such title is
amended--
(A) by designating the text of such section as subsection
(b);
(B) by inserting after the section heading the following:
``(a) Authority To Use Running Mate System.--The Secretary may by
regulation implement section 729(d)(1) of this title by requiring that
the promotion zone for consideration of Reserve officers in an active
status for promotion to the next higher grade be determined in
accordance with a running mate system as provided in subsection (b).'';
(C) in subsection (b), as designated by subparagraph (A),
by striking ``Subject to the eligibility requirements of this
subchapter, a Reserve officer shall'' and inserting the
following: ``Consideration for Promotion.--If promotion zones
are determined as authorized under subsection (a), a Reserve
officer shall, subject to the eligibility requirements of this
subchapter,''; and
(D) by adding at the end the following:
``(c) Consideration of Officers Below the Zone.--If the Secretary
authorizes the selection of officers for promotion from below the
promotion zone in accordance with section 729(d)(3) of this title, the
number of officers to be considered from below the zone may be
established through the application of the running mate system under
this subchapter or otherwise as the Secretary determines to be
appropriate to meet the needs of the Coast Guard.''.
(2)(A) The heading for such section is amended to read as follows:
``Sec. 731. Establishment of promotion zones: running mate system''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 21 of title 14, United States Code, is amended
to read as follows:
``731. Establishment of promotion zones: running mate system.''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2000, and shall apply with
respect to selection boards convened under section 730 of title 14,
United States Code, on or after that date.
SEC. 503. TIME FOR RELEASE OF OFFICER PROMOTION SELECTION BOARD
REPORTS.
(a) Active-Duty List Officer Boards.--Section 618(e) of title 10,
United States Code, is amended to read as follows:
``(e)(1) The names of the officers recommended for promotion in the
report of a selection board may be disseminated to the armed force
concerned as follows:
``(A) In the case of officers recommended for promotion to
a grade below brigadier general or rear admiral (lower half),
upon the transmittal of the report to the President.
``(B) In the case of officers recommended for promotion to
a grade above colonel or, in the case of the Navy, captain,
upon the approval of the report by the President.
``(C) In the case of officers whose names have not been
sooner disseminated, upon confirmation by the Senate.
``(2) A list of names of officers disseminated under paragraph (1)
may not include--
``(A) any name removed by the President from the report of
the selection board containing that name, if dissemination is
under the authority of subparagraph (B) of such paragraph; or
``(B) the name of any officer whose promotion the Senate
failed to confirm, if dissemination is under the authority of
subparagraph (C) of such paragraph.''.
(b) Reserve Active-Status List Officer Boards.--The text of section
14112 of title 10, United States Code, is amended to read as follows:
``(a) Time for Dissemination.--The names of the officers
recommended for promotion in the report of a selection board may be
disseminated to the armed force concerned as follows:
``(1) In the case of officers recommended for promotion to
a grade below brigadier general or rear admiral (lower half),
upon the transmittal of the report to the President.
``(2) In the case of officers recommended for promotion to
a grade above colonel or, in the case of the Navy, captain,
upon the approval of the report by the President.
``(3) In the case of officers whose names have not been
sooner disseminated, upon confirmation by the Senate.
``(b) Names Not Disseminated.--A list of names of officers
disseminated under subsection (a) may not include--
``(1) any name removed by the President from the report of
the selection board containing that name, if dissemination is
under the authority of paragraph (2) of such subsection; or
``(2) the name of any officer whose promotion the Senate
failed to confirm, if dissemination is under the authority of
paragraph (3) of such subsection.''.
SEC. 504. CLARIFICATION OF AUTHORITY FOR POSTHUMOUS COMMISSIONS AND
WARRANTS.
Section 1521(a)(3) of title 10, United States Code, is amended to
read as follows:
``(3) was officially recommended for appointment or
promotion to a commissioned grade but died in line of duty
before the appointment or promotion was approved by the
Secretary concerned or before accepting the appointment or
promotion.''.
SEC. 505. INAPPLICABILITY OF ACTIVE-DUTY LIST PROMOTION, SEPARATION,
AND INVOLUNTARY RETIREMENT AUTHORITIES TO RESERVE GENERAL
AND FLAG OFFICERS SERVING IN CERTAIN POSITIONS DESIGNATED
FOR RESERVE OFFICERS BY THE CHAIRMAN OF THE JOINT CHIEFS
OF STAFF.
Section 641(1)(B) of title 10, United States Code, is amended by
inserting ``526(b)(2)(A),'' after ``on active duty under section''.
SEC. 506. REVIEW OF ACTIONS OF SELECTION BOARDS.
(a) In General.--(1) Chapter 79 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 1558. Exclusive remedies in cases involving selection boards
``(a) Correction of Military Records.--The Secretary concerned may
correct a person's military records in accordance with a recommendation
made by a special board. Any such correction shall be effective,
retroactively, as of the effective date of the action taken on a report
of a previous selection board that resulted in the action corrected in
the person's military records.
``(b) Relief Associated With Corrections of Certain Actions.--(1)
The Secretary concerned shall ensure that a person receives relief
under paragraph (2) or (3), as the person may elect, if the person--
``(A) was separated or retired from an armed force, or
transferred to the retired reserve or to inactive status in a
reserve component, as a result of a recommendation of a
selection board; and
``(B) becomes entitled to retention on or restoration to
active duty or active status in a reserve component as a result
of a correction of the person's military records under
subsection (a).
``(2)(A) With the consent of a person referred to in paragraph (1),
the person shall be retroactively and prospectively restored to the
same status, rights, and entitlements (less appropriate offsets against
back pay and allowances) in the person's armed force as the person
would have had if the person had not been selected to be separated,
retired, or transferred to the retired reserve or to inactive status in
a reserve component, as the case may be, as a result of an action
corrected under subsection (a). An action under this subparagraph is
subject to subparagraph (B).
``(B) Nothing in subparagraph (A) shall be construed to permit a
person to be on active duty or in an active status in a reserve
component after the date on which the person would have been separated,
retired, or transferred to the retired reserve or to inactive status in
a reserve component if the person had not been selected to be
separated, retired, or transferred to the retired reserve or to
inactive status in a reserve component, as the case may be, in an
action of a selection board that is corrected under subsection (a).
``(3) If the person does not consent to a restoration of status,
rights, and entitlements under paragraph (2), the person shall receive
back pay and allowances (less appropriate offsets) and service credit
for the period beginning on the date of the person's separation,
retirement, or transfer to the retired reserve or to inactive status in
a reserve component, as the case may be, and ending on the earlier of--
``(A) the date on which the person would have been so
restored under paragraph (2), as determined by the Secretary
concerned; or
``(B) the date on which the person would otherwise have
been separated, retired, or transferred to the retired reserve
or to inactive status in a reserve component, as the case may
be.
``(c) Finality of Unfavorable Action.--If a special board makes a
recommendation not to correct the military records of a person
regarding action taken in the case of that person on the basis of a
previous report of a selection board, the action previously taken on
that report shall be considered as final as of the date of the action
taken on that report.
``(d) Regulations.--(1) The Secretary concerned may prescribe
regulations to carry out this section (other than subsection (e)) with
respect to the armed force or armed forces under the jurisdiction of
the Secretary.
``(2) The Secretary may prescribe in the regulations the
circumstances under which consideration by a special board may be
provided for under this section, including the following:
``(A) The circumstances under which consideration of a
person's case by a special board is contingent upon application
by or for that person.
``(B) Any time limits applicable to the filing of an
application for consideration.
``(3) Regulations prescribed by the Secretary of a military
department under this subsection shall be subject to the approval of
the Secretary of Defense.
``(e) Judicial Review.--(1) A person challenging for any reason the
action or recommendation of a selection board, or the action taken by
the Secretary concerned on the report of a selection board, is not
entitled to relief in any judicial proceeding unless the person has
first been considered by a special board under this section or the
Secretary concerned has denied such consideration.
``(2) In reviewing an action or recommendation of a special board
or an action of the Secretary concerned on the report of a special
board, a court may hold unlawful and set aside the recommendation or
action, as the case may be, only on the following bases:
``(A) The action or recommendation of the special board or
the action of the Secretary concerned, as the case may be, was
not in compliance with the applicable procedures.
``(B) Any such action or recommendation is contrary to law.
``(3) In reviewing a decision by the Secretary concerned to deny
consideration by a special board in any case, a court may hold unlawful
and set aside the decision only on the following bases:
``(A) The decision was not made in accordance with
applicable procedures.
``(B) The decision is arbitrary, capricious, or otherwise
contrary to law.
``(f) Exclusivity of Remedies.--Notwithstanding any other provision
of law, but subject to subsection (g), the remedies provided under this
section are the only remedies available to a person for correcting an
action or recommendation of a selection board regarding that person or
an action taken on the report of a selection board regarding that
person.
``(g) Existing Jurisdiction.--(1) Nothing in this section limits
the jurisdiction of any court of the United States under any provision
of law to determine the validity of any statute, regulation, or policy
relating to selection boards, except that, in the event that any such
statute, regulation, or policy is held invalid, the remedies prescribed
in this section shall be the sole and exclusive remedies available to
any person challenging the recommendation of a special board on the
basis of the invalidity.
``(2) Nothing in this section limits authority to correct a
military record under section 1552 of this title.
``(h) Inapplicability to Coast Guard.--This section does not apply
to the Coast Guard when it is not operating as a service in the Navy.
``(i) Definitions.--In this section:
``(1) The term `special board'--
``(A) means a board that the Secretary concerned
convenes under any authority to consider whether to
recommend a person for appointment, enlistment,
reenlistment, assignment, promotion, retention,
separation, retirement, or transfer to inactive status
in a reserve component instead of referring the records
of that person for consideration by a previously
convened selection board which considered or should
have considered that person;
``(B) includes a board for the correction of
military or naval records convened under section 1552
of this title, if designated as a special board by the
Secretary concerned; and
``(C) does not include a promotion special
selection board convened under section 628 or 14502 of
this title.
``(2) The term `selection board'--
``(A) means a selection board convened under
section 573(b), 580, 580a, 581, 611(b), 637, 638, 638a,
14101(b), 14701, 14704, or 14705 of this title, and any
other board convened by the Secretary concerned under
any authority to recommend persons for appointment,
enlistment, reenlistment, assignment, promotion, or
retention in the armed forces or for separation,
retirement, or transfer to inactive status in a reserve
component for the purpose of reducing the number of
persons serving in the armed forces; and
``(B) does not include--
``(i) a promotion board convened under
section 573(a), 611(a), or 14101(a) of this
title;
``(ii) a special board;
``(iii) a special selection board convened
under section 628 of this title; or
``(iv) a board for the correction of
military records convened under section 1552 of
this title.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``1558. Exclusive remedies in cases involving selection boards .''.
(b) Special Selection Boards.--Section 628 of such title is
amended--
(1) by redesignating subsection (g) as subsection (j); and
(2) by inserting after subsection (f) the following:
``(g) Limitations of Other Jurisdiction.--No official or court of
the United States may--
``(1) consider any claim based to any extent on the failure
of an officer or former officer of the armed forces to be
selected for promotion by a promotion board until--
``(A) the claim has been referred by the Secretary
concerned to a special selection board convened under
this section and acted upon by that board and the
report of the board has been approved by the President;
or
``(B) the claim has been rejected by the Secretary
of Defense without consideration by a special selection
board; or
``(2) grant any relief on such a claim unless the officer
or former officer has been selected for promotion by a special
selection board convened under this section to consider the
officer's claim and the report of the board has been approved
by the President.
``(h) Judicial Review.--(1) A court of the United States may review
a determination by the Secretary concerned under subsection (a)(1) or
(b)(1) not to convene a special selection board. If a court finds the
determination to be arbitrary or capricious, not based on substantial
evidence, or otherwise contrary to law, it shall remand the case to the
Secretary concerned, who shall provide for consideration of the officer
or former officer by a special selection board under this section.
``(2) A court of the United States may review the action of a
special selection board convened under this section on a claim of an
officer or former officer and any action taken by the President on the
report of the board. If a court finds that the action was contrary to
law or involved a material error of fact or a material administrative
error, it shall remand the case to the Secretary concerned, who shall
provide for reconsideration of the officer or former officer by another
special selection board.
``(i) Existing Jurisdiction.--(1) Nothing in this section limits
the jurisdiction of any court of the United States under any provision
of law to determine the validity of any statute, regulation, or policy
relating to selection boards, except that, in the event that any such
statute, regulation, or policy is held invalid, the remedies prescribed
in this section shall be the sole and exclusive remedies available to
any person challenging the recommendation of a selection board on the
basis of the invalidity.
``(2) Nothing in this section limits authority to correct a
military record under section 1552 of this title.''.
(c) Effective Date and Applicability.--(1) The amendments made by
this section shall take effect on the date of the enactment of this Act
and, except as provided in paragraph (2), shall apply with respect to
any proceeding pending on or after that date without regard to whether
a challenge to an action of a selection board of any of the Armed
Forces being considered in such proceeding was initiated before, on, or
after that date.
(2) The amendments made by this section shall not apply with
respect to any action commenced in a court of the United States before
the date of the enactment of this Act.
SEC. 507. EXTENSION TO ALL AIR FORCE BIOMEDICAL SCIENCES OFFICERS OF
AUTHORITY TO RETAIN UNTIL SPECIFIED AGE.
Section 14703(a)(3) of title 10, United States Code, is amended to
read as follows:
``(3) the Secretary of the Air Force may, with the
officer's consent, retain in an active status any reserve
officer who is designated as a medical officer, dental officer,
Air Force nurse, Medical Service Corps officer, biomedical
sciences officer, or chaplain.''.
SEC. 508. TERMINATION OF APPLICATION REQUIREMENT FOR CONSIDERATION OF
OFFICERS FOR CONTINUATION ON THE RESERVE ACTIVE-STATUS
LIST.
Section 14701(a)(1) of title 10, United States Code, is amended by
striking ``Upon application, a reserve officer'' and inserting ``A
reserve officer''.
SEC. 509. TECHNICAL CORRECTIONS RELATING TO RETIRED GRADE OF RESERVE
COMMISSIONED OFFICERS.
(a) Army.--Section 3961(a) of title 10, United States Code, is
amended by striking ``or for nonregular service under chapter 1223 of
this title''.
(b) Air Force.--Section 8961(a) of title 10, United States Code, is
amended by striking ``or for nonregular service under chapter 1223 of
this title''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to Reserve commissioned officers who are promoted to a
higher grade as a result of selection for promotion by a board convened
under chapter 36 or 1403 of title 10, United States Code, or having
been found qualified for Federal recognition in a higher grade under
chapter 3 of title 32, United States Code, after October 1, 1996.
SEC. 510. GRADE OF CHIEFS OF RESERVE COMPONENTS AND DIRECTORS OF
NATIONAL GUARD COMPONENTS.
(a) Chief of Army Reserve.--Section 3038(c) of title 10, United
States Code, is amended--
(1) by striking ``major general'' in the third sentence and
inserting ``lieutenant general''; and
(2) by striking the fourth sentence.
(b) Chief of Naval Reserve.--Section 5143(c)(2) of such title is
amended--
(1) by striking ``rear admiral'' in the first sentence and
inserting ``vice admiral''; and
(2) by striking the second sentence.
(c) Chief of Air Force Reserve.--Section 8038(c) of such title is
amended--
(1) by striking ``major general'' in the third sentence and
inserting ``lieutenant general''; and
(2) by striking the fourth sentence.
(d) Directors in the National Guard Bureau.--Subparagraphs (A) and
(B) of section 10506(a)(1) of such title are each amended by striking
``the grade of major general or, if appointed to that position in
accordance with section 12505(a)(2) of this title,''.
(e) Commander, Marine Forces Reserve.--(1) Section 5144(c)(2) of
such title is amended to read as follows:
``(2)(A) The Commander, Marine Forces Reserve, while so serving,
has the grade of major general, without vacating the officer's
permanent grade. An officer may, however, be assigned to the position
of Commander, Marine Forces Reserve, in the grade of lieutenant general
if appointed to that grade for service in that position by the
President, by and with the advice and consent of the Senate. An officer
may be recommended to the President for such an appointment if selected
for appointment to that position in accordance with subparagraph (B).
``(B) An officer shall be considered to have been selected for
appointment to the position of Commander, Marine Forces Reserve, in
accordance with this subparagraph if--
``(i) the officer is recommended for that appointment by
the Secretary of the Navy;
``(ii) the officer is determined by the Chairman of the
Joint Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to have
significant joint duty experience; and
``(iii) the officer is recommended by the Secretary of
Defense to the President for the appointment.''.
(2) Until October 1, 2002, the Secretary of Defense may, on a case-
by-case basis, waive clause (ii) of section 5144(c)(2)(B) of title 10,
United States Code (as added by paragraph (1)), with respect to the
appointment of an officer to the position of Commander, Marine Forces
Reserve, if in the judgment of the Secretary--
(A) the officer is qualified for service in the position;
and
(B) the waiver is necessary for the good of the service.
(f) Repeal of Superseded Authority.--(1) Section 12505 of title 10,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 1213 of such
title is amended by striking the item relating to section 12505.
(g) Effective Date.--This section and the amendments made by this
section shall take effect on the earlier of--
(1) the date that is 90 days after the date of the
enactment of this Act; or
(2) January 1, 2001.
Subtitle B--Joint Officer Management
SEC. 521. JOINT SPECIALTY DESIGNATIONS AND ADDITIONAL IDENTIFIERS.
Section 661 of title 10, United States Code, is amended to read as
follows:
``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 those who have been designated
under subsection (b) as joint specialty officers.
``(b) Joint Specialty Officer Designation.--(1) The purpose for
designation of officers as joint specialty officers is to provide a
quickly identifiable group of officers who have the joint service
experience and education in joint matters that are especially required
for any particular organizational staff or joint task force operation.
``(2) To qualify for the joint specialty designation, an officer
shall--
``(A) have successfully completed--
``(i) a program of education in residence at a
joint professional military education school accredited
as such by the Chairman of the Joint Chiefs of Staff;
and
``(ii) a full tour of duty in a joint duty
assignment; or
``(B) have successfully completed two full tours of duty in
joint duty assignments.
``(3) The requirements set forth in paragraph (2)(A) may be
satisfied in any sequence.
``(4) The Secretary of Defense shall prescribe the standards for
characterizing the completion of a requirement under paragraph (2) as
successful.
``(5) An officer may not be designated as a joint specialty officer
unless qualified under paragraph (2).
``(c) Additional Identifier.--An officer designated as a joint
specialty officer may be awarded an additional joint specialty
identifier as directed by the Secretary under subsection (a).
``(d) Waiver Authority for Award of Additional Identifier.--(1) The
Secretary of Defense may waive the applicability of a requirement for a
qualification set forth in subsection (b) for a designation of a
particular officer as a joint specialty officer upon the Secretary's
determination that, by reason of unusual circumstances applicable in
the officer's case, the officer has one or more qualifications that are
comparable to the qualification waived.
``(2) The Secretary may grant a waiver for a general or flag
officer under paragraph (1) only upon the Secretary's determination
that it is necessary to do so in order to meet a critical need of the
armed forces.
``(3) The Secretary may delegate authority under this subsection
only to the Deputy Secretary of Defense or the Chairman of the Joint
Chiefs of Staff.
``(4) The Secretary of the military department concerned may
request a waiver under this subsection. A request shall include a full
justification for the requested waiver on the basis of the criterion
described in paragraph (1) and, in the case of a general or flag
officer, the additional criterion described in paragraph (2).
``(e) General and Flag Officer Positions.--(1) The Secretary of
Defense shall designate the joint duty assignments for general or flag
officers that must be filled by joint specialty officers.
``(2) Only a joint specialty officer may be assigned to a joint
duty assignment designated under paragraph (1).
``(3) The Secretary may waive the limitation in paragraph (2) if
the Secretary determines that it is necessary to do so in the interest
of national security.
``(f) Joint Professional Military Education Schools.--The Chairman
of the Joint Chiefs of Staff shall accredit as joint professional
military education schools for the purposes of this chapter the schools
that the Chairman determines as being qualified for the accreditation.
A school may not be considered a joint professional military education
school for any such purpose unless the school is so accredited.''.
SEC. 522. PROMOTION OBJECTIVES.
(a) Objectives.--Section 662 of title 10, United States Code, is
amended to read as follows:
``Sec. 662. Promotion policy objectives for joint officers
``(a) Qualifications.--The Secretary of Defense shall ensure that
the qualifications of officers assigned to joint duty assignments and
officers whose previous assignment was a joint duty assignment are such
that those officers are expected, as a group, to be promoted to the
next higher grade at a rate not less than the rate for officers of the
same armed force in the same grade and competitive category who are
serving on the headquarters staff of that armed force.
``(b) Validation of Qualifications.--(1) The Secretary of a
military department shall validate the qualifications of officers under
the jurisdiction of the Secretary for eligibility for joint duty
assignments.
``(2) The Secretary shall ensure that, under the process prescribed
under paragraph (3), an adequate number of the colonels or, in the case
of the Navy, captains validated as qualified for joint duty assignments
satisfy the requirements under section 619a of this title for promotion
to brigadier general or rear admiral (lower half), respectively.
``(3) The Secretary shall prescribe the process for validating
qualifications of officers under the jurisdiction of the Secretary in
accordance with this subsection.
``(c) Consideration of Joint Specialty Officers.--(1) The Secretary
of Defense shall prescribe policies for ensuring that joint specialty
officers eligible for consideration for promotion are appropriately
considered for promotion.
``(2) The policies shall require the following:
``(A) That at least one member of a board convened for the
selection of officers for promotion to a grade above major or,
in the case of the Navy, lieutenant commander is serving in a
joint duty assignment and has been approved by the Chairman of
the Joint Chiefs of Staff for appointment to membership on that
board.
``(B) That the Chairman of the Joint Chiefs of Staff has
the opportunity to review the report of each promotion
selection board referred to in subparagraph (A), and to submit
comments on the report to the Secretary of Defense and the
Secretary of the military department concerned, before the
Secretary of that military department takes action on the
report.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 38 of title 10, United States Code, is amended by striking the
item relating to section 662 and inserting the following:
``662. Promotion policy objectives for joint officers.''.
SEC. 523. EDUCATION.
(a) Officers Eligible for Waiver of Capstone Course Requirement.--
Subsection (a)(1)(C) of section 663 of title 10, United States Code, is
amended by striking ``scientific and technical qualifications'' and
inserting ``career field specialty qualifications''.
(b) Repeal of Requirement for Post-Education Joint Duty
Assignment.--Such section is further amended by striking subsection
(d).
SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENT.
(a) In General.--Section 664 of title 10, United States Code, is
amended--
(1) by striking subsections (a) through (h);
(2) by redesignating subsection (i) as subsection (f); and
(3) by inserting after the section heading the following:
``(a) In General.--The length of a joint duty assignment at an
installation or other place of duty shall be equivalent to the standard
length of the assignments (other than joint duty assignments) of
officers at that installation or other place of duty.
``(b) Waiver Authority.--The Secretary of Defense may waive the
requirement in subsection (a) for the length of a joint duty assignment
in the case of any officer upon a determination by the Secretary that
the waiver is critical in the case of that specific officer for meeting
military personnel management requirements.
``(c) Curtailment of Assignment.--The Secretary of Defense may,
upon the request of the Secretary of the military department concerned,
authorize a curtailment of a joint duty assignment of more than two
years for an officer who has served in that assignment for at least two
years.
``(d) Full Tour of Duty.--Subject to subsection (e), an officer
shall be considered to have completed a full tour of duty in a joint
duty assignment upon the completion of service performed in a grade not
lower than major or, in the case of the Navy, lieutenant commander, as
follows:
``(1) Service in a joint duty assignment that meets the
standard set forth in subsection (a).
``(2) Service in a joint duty assignment under the
circumstances described in subsection (c).
``(3) Cumulative service in one or more joint task force
headquarters that is substantially equivalent to a standard
length of assignment determined under subsection (a).
``(4) Service in a joint duty assignment with respect to
which the Secretary of Defense has granted a waiver under
subsection (b), but only in a case in which the Secretary
directs that the service completed by the officer in that duty
assignment be considered to be a full tour of duty in a joint
duty assignment.
``(5) Service in a second joint duty assignment that is
less than the period required under subsection (a), but is not
less than two years, without regard to whether a waiver was
granted for such assignment under subsection (b).''.
(b) Joint Duty Credit for Certain Joint Task Force Assignments.--
Subsection (f) of such section, as redesignated by subsection (a)(2),
is amended--
(1) in paragraph (4)(B), by inserting before the period at
the end the following: ``, except that cumulative service of
less than one year in more than one such assignment in the
headquarters of a joint task force may not be credited'';
(2) in paragraph (4)(E)--
(A) by striking ``combat or combat-related''; and
(B) by inserting before the period at the end the
following: ``, as approved by the Secretary of
Defense'';
(3) in paragraph (5), by striking ``any of the following
provisions of this title:'' and all that follows and inserting
``section 662 of this title or paragraph (2), (4), or (7) of
section 667(a) of this title.''; and
(4) by striking paragraph (6).
SEC. 525. ANNUAL REPORT TO CONGRESS.
Section 667 of title 10, United States Code, is amended by striking
paragraph (1) and all that follows and inserting the following:
``(1) The number of joint specialty officers, reported by
grade and by branch or specialty.
``(2) An assessment of the extent to which the Secretary of
each military department is assigning personnel to joint duty
assignments in accordance with this chapter and the policies,
procedures, and practices established by the Secretary of
Defense under section 661(a) of this title.
``(3) The number of waivers granted under section
619a(b)(1) of this title for officers in the grade of colonel
or, in the case of the Navy, captain for each of the years
preceding the year in which the report is submitted.
``(4) The officers whose service in joint duty assignments
during the year covered by the report terminated before the
officers completed the full tour of duty in those assignments,
expressed as a percent of the total number of officers in joint
duty assignments during that year.
``(5) The percentage of fill of student quotas for each
course of the National Defense University for the year covered
by the report.
``(6) A list of the joint task force headquarters in which
service was approved for crediting as a joint duty assignment
for the year covered by the report.
``(7) The following comparisons:
``(A) A comparison of--
``(i) the promotion rates for officers who
are officers serving in joint duty assignments
or officers whose previous assignment was a
joint duty assignment and were considered for
promotion within the promotion zone, with
``(ii) the promotion rates for other
officers in the same grade and the same
competitive category who are serving on the
headquarters staff of the armed force concerned
and were considered for promotion within the
promotion zone.
``(B) A comparison of--
``(i) the promotion rates for officers who
are officers serving in joint duty assignments
or officers whose previous assignment was a
joint duty assignment and were considered for
promotion from above the promotion zone, with
``(ii) the promotion rates for other
officers in the same grade and the same
competitive category who are serving on the
headquarters staff of the armed force concerned
and were considered for promotion from above
the promotion zone.
``(C) A comparison of--
``(i) the promotion rates for officers who
are officers serving in joint duty assignments
or officers whose previous assignment was a
joint duty assignment and were considered for
promotion from below the promotion zone, with
``(ii) the promotion rates for other
officers in the same grade and the same
competitive category who are serving on the
headquarters staff of the armed force concerned
and were considered for promotion from below
the promotion zone.
``(8) If any of the comparisons in paragraph (7) indicate
that the promotion rates for officers referred to in
subparagraph (A)(i), (B)(i), or (C)(i) of such paragraph fail
to meet the objective set forth in section 662(a) of this
title, information on the failure and on what action the
Secretary has taken or plans to take to prevent further
failures.
``(9) Any other information relating to joint officer
management that the Secretary of Defense considers
significant.''.
SEC. 526. MULTIPLE ASSIGNMENTS CONSIDERED AS SINGLE JOINT DUTY
ASSIGNMENT.
(a) Definition of Joint Duty Assignment.--Subsection (b) of section
668 of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) An assignment not qualifying as a joint duty assignment
within the definition prescribed under paragraph (1) shall be treated
as a joint duty assignment for the purposes of this subchapter if the
assignment is considered under subsection (c)(2) as part of a single
tour of duty in a joint duty assignment.''.
(b) Multiple Assignments Considered as Single Tour of Duty.--
Subsection (c) of such section is amended to read as follows:
``(c) Multiple Assignments Considered as Single Tour of Duty.--For
purposes of this chapter, service in more than one assignment shall be
considered to be a single tour of duty in a joint duty assignment, as
follows:
``(1) Continuous service in two or more consecutive joint
duty assignments, as defined under subsection (b)(1).
``(2) Continuous service, in any order, in--
``(A) at least one joint duty assignment, as
defined under subsection (b)(1); and
``(B) one or more assignments not satisfying the
definition prescribed under subsection (b)(1) but
involving service that provides significant experience
in joint matters, as determined under policies
prescribed by the Secretary of Defense under section
661(a) of this title.''.
SEC. 527. JOINT DUTY REQUIREMENT FOR PROMOTION TO ONE-STAR GRADES.
Section 619a of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``section 664(f)'' and
inserting ``section 664(d); and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``scientific and
technical qualifications'' and inserting ``career field
specialty qualifications''; and
(B) in paragraph (4), by striking ``if--'' and all
that follows and inserting a period.
Subtitle C--Education and Training
SEC. 541. ELIGIBILITY OF CHILDREN OF RESERVES FOR PRESIDENTIAL
APPOINTMENT TO SERVICE ACADEMIES.
(a) United States Military Academy.--Section 4342(b)(1) of title
10, United States Code, is amended--
(1) in subparagraph (B), by striking ``, other than those
granted retired pay under section 12731 of this title (or under
section 1331 of this title as in effect before the effective
date of the Reserve Officer Personnel Management Act)''; and
(2) by inserting after subparagraph (B) the following:
``(C) are serving as members of reserve components
and are credited with at least eight years of service
computed under section 12733 of this title; or
``(D) would be, or who died while they would have
been, entitled to retired pay under chapter 1223 of
this title except for not having attained 60 years of
age;''.
(b) United States Naval Academy.--Section 6954(b)(1) of such title
is amended--
(1) in subparagraph (B), by striking ``, other than those
granted retired pay under section 12731 of this title (or under
section 1331 of this title as in effect before the effective
date of the Reserve Officer Personnel Management Act)''; and
(2) by inserting after subparagraph (B) the following:
``(C) are serving as members of reserve components
and are credited with at least eight years of service
computed under section 12733 of this title; or
``(D) would be, or who died while they would have
been, entitled to retired pay under chapter 1223 of
this title except for not having attained 60 years of
age;''.
(c) United States Air Force Academy.--Section 9342(b)(1) of such
title is amended--
(1) in subparagraph (B), by striking ``, other than those
granted retired pay under section 12731 of this title (or under
section 1331 of this title as in effect before the effective
date of the Reserve Officer Personnel Management Act)''; and
(2) by inserting after subparagraph (B) the following:
``(C) are serving as members of reserve components
and are credited with at least eight years of service
computed under section 12733 of this title; or
``(D) would be, or who died while they would have
been, entitled to retired pay under chapter 1223 of
this title except for not having attained 60 years of
age;''.
SEC. 542. SELECTION OF FOREIGN STUDENTS TO RECEIVE INSTRUCTION AT
SERVICE ACADEMIES.
(a) United States Military Academy.--Section 4344(a) of title 10,
United States Code, is amended by adding at the end the following:
``(3) In selecting persons to receive instruction under this
section from among applicants from the countries approved under
paragraph (2), the Secretary shall give a priority to persons who have
a national service obligation to their countries upon graduation from
the Academy.''.
(b) United States Naval Academy.--Section 6957(a) of such title is
amended by adding at the end the following:
``(3) In selecting persons to receive instruction under this
section from among applicants from the countries approved under
paragraph (2), the Secretary shall give a priority to persons who have
a national service obligation to their countries upon graduation from
the Academy.''.
(c) United States Air Force Academy.--Section 9344(a) of such title
is amended by adding at the end the following:
``(3) In selecting persons to receive instruction under this
section from among applicants from the countries approved under
paragraph (2), the Secretary shall give a priority to persons who have
a national service obligation to their countries upon graduation from
the Academy.''.
(d) Effective Date and Applicability.--This section and the
amendments made by this section shall take effect on October 1, 2000,
and shall apply with respect to academic years that begin after that
date.
SEC. 543. REPEAL OF CONTINGENT FUNDING INCREASE FOR JUNIOR RESERVE
OFFICERS TRAINING CORPS.
(a) Repeal.--(1) Section 2033 of title 10, United States Code, is
repealed.
(2) The table of sections at the beginning of chapter 102 of such
title is amended by striking the item relating to section 2033.
(b) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2000.
SEC. 544. REVISION OF AUTHORITY FOR MARINE CORPS PLATOON LEADERS CLASS
TUITION ASSISTANCE PROGRAM.
(a) Eligibility of Officers.--Section 16401 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``enlisted'' in the
matter preceding paragraph (1); and
(2) in subsection (b)(1)--
(A) by striking ``an enlisted member'' in the
matter preceding subparagraph (A) and inserting ``a
member''; and
(B) by striking ``an officer candidate in'' in
subparagraph (A) and inserting ``a member of''.
(b) Repeal of Age Limitations.--Subsection (b) of such section is
amended--
(1) in paragraph (1)--
(A) by striking subparagraph (B);
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(C) in subparagraph (C), as so redesignated, by
striking ``paragraph (3)'' and inserting ``paragraph
(2)'';
(2) by striking subparagraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2), as so redesignated, by striking
``paragraph (1)(D)'' and inserting ``paragraph (1)(C)''.
(c) Candidates for Law Degrees.--Subsection (a)(2) of such section
is amended by striking ``three'' and inserting ``four''.
(d) Inapplicability of Sanction to Officers.--Subsection (f)(1) of
such section is amended by striking ``A member'' and inserting ``An
enlisted member''.
(e) Amendments of Headings.--(1) The heading for such section is
amended to read as follows:
``Sec. 16401. Marine Corps Platoon Leaders Class tuition assistance
program''.
(2) The heading for subsection (a) of such section is amended by
striking ``for Financial Assistance Program''.
(f) Clerical Amendment.--The item relating to such section in the
table of chapters at the beginning of chapter 1611 of title 10, United
States Code, is amended to read as follows:
``16401. Marine Corps Platoon Leaders Class tuition assistance
program.''.
Subtitle D--Matters Relating to Recruiting
SEC. 551. ARMY RECRUITING PILOT PROGRAMS.
(a) Requirement for Programs.--The Secretary of the Army shall
carry out pilot programs to test various recruiting approaches under
this section for the following purposes:
(1) To assess the effectiveness of the recruiting
approaches for creating enhanced opportunities for recruiters
to make direct, personal contact with potential recruits.
(2) To improve the overall effectiveness and efficiency of
Army recruiting activities.
(b) Outreach Through Motor Sports.--(1) One of the pilot programs
shall be a pilot program of public outreach that associates the Army
with motor sports competitions to achieve the objectives set forth in
paragraph (2).
(2) The events and activities undertaken under the pilot program
shall be designed to provide opportunities for Army recruiters to make
direct, personal contact with high school students to achieve the
following objectives:
(A) To increase enlistments by students graduating from
high school.
(B) To reduce attrition in the Delayed Entry Program of the
Army by sustaining the personal commitment of students who have
elected delayed entry into the Army under the program.
(3) Under the pilot program, the Secretary shall provide for the
following:
(A) For Army recruiters or other Army personnel--
(i) to organize Army sponsored career day events in
association with national motor sports competitions;
and
(ii) to arrange for or encourage attendance at the
competitions by high school students, teachers,
guidance counselors, and administrators of high schools
located near the competitions.
(B) For Army recruiters and other soldiers to attend
national motor sports competitions--
(i) to display exhibits depicting the contemporary
Army and career opportunities in the Army; and
(ii) to discuss those opportunities with potential
recruits.
(C) For the Army to sponsor a motor sports racing team as
part of an integrated program of recruitment and publicity for
the Army.
(D) For the Army to sponsor motor sports competitions for
high school students at which recruiters meet with potential
recruits.
(E) For Army recruiters or other Army personnel to compile
in an Internet accessible database the names, addresses,
telephone numbers, and electronic mail addresses of persons who
are identified as potential recruits through activities under
the pilot program.
(F) Any other activities associated with motor sports
competition that the Secretary determines appropriate for Army
recruitment purposes.
(c) Outreach at Vocational Schools and Community Colleges.--(1) One
of the pilot programs shall be a pilot program under which Army
recruiters are assigned at postsecondary vocational institutions and
community colleges for the purpose of recruiting students graduating
from those institutions and colleges, recent graduates of those
institutions and colleges, and students withdrawing from enrollments in
those institutions and colleges.
(2) The Secretary shall select the institutions and colleges to be
invited to participate in the pilot program.
(3) The conduct of the pilot program at an institution or college
shall be subject to an agreement which the Secretary shall enter into
with the governing body or authorized official of the institution or
college, as the case may be.
(4) Under the pilot program, the Secretary shall provide for the
following:
(A) For Army recruiters to be placed in postsecondary
vocational institutions and community colleges to serve as a
resource for guidance counselors and to recruit for the Army.
(B) For Army recruiters to recruit from among students and
graduates described in paragraph (1).
(C) For the use of telemarketing, direct mail, interactive
voice response systems, and Internet website capabilities to
assist the recruiters in the postsecondary vocational
institutions and community colleges.
(D) For any other activities that the Secretary determines
appropriate for recruitment activities in postsecondary
vocational institutions and community colleges.
(5) In this subsection, the term ``postsecondary vocational
institution'' has the meaning given the term in section 102(c) of the
Higher Education Act of 1965 (20 U.S.C. 1002(c)).
(d) Contract Recruiting Initiatives.--(1) One of the pilot programs
shall be a program that expands in accordance with this subsection the
scope of the Army's contract recruiting initiatives that are ongoing as
of the date of the enactment of this Act. Under the pilot program, the
Secretary shall select at least five recruiting battalions to apply the
initiatives in efforts to recruit personnel for the Army.
(2) Under the pilot program, the Secretary shall provide for the
following:
(A) For replacement of the Regular Army recruiters by
contract recruiters in the five recruiting battalions selected
under paragraph (1).
(B) For operation of the five battalions under the same
rules and chain of command as the other Army recruiting
battalions.
(C) For use of the offices, facilities, and equipment of
the five battalions by the contract recruiters.
(D) For reversion to performance of the recruiting
activities by Regular Army soldiers in the five battalions upon
termination of the pilot program.
(E) For any other uses of contractor personnel for Army
recruiting activities that the Secretary determines
appropriate.
(e) Duration of Pilot Programs.--The pilot programs required by
this section shall be carried out during the period beginning on
October 1, 2000, and, subject to subsection (f), ending on December 31,
2005.
(f) Authority To Expand or Extend Pilot Programs.--The Secretary
may expand the scope of any of the pilot programs (under subsection
(b)(3)(F), (c)(4)(D), (d)(2)(E), or otherwise) or extend the period for
any of the pilot programs. Before doing so in the case of a pilot
program, the Secretary shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a written notification
of the expansion of the pilot program (together with the scope of the
expansion) or the continuation of the pilot program (together with the
period of the extension), as the case may be.
(g) Relationship to Other Law.--The Secretary may exercise the
authority to carry out a pilot program under this section without
regard to any other provision of law that, except for this subsection,
would otherwise restrict the actions taken by the Secretary under that
authority.
(h) Reports.--Not later than February 1, 2006, the Secretary of the
Army shall submit to the Committees on Armed Services of the Senate and
the House of Representatives a separate report on each of the pilot
programs carried out under this section. The report on a pilot program
shall include the following:
(1) The Secretary's assessment of the value of the actions
taken in the administration of the pilot program for increasing
the effectiveness and efficiency of Army recruiting.
(2) Any recommendations for legislation or other action
that the Secretary considers appropriate to increase the
effectiveness and efficiency of Army recruiting.
SEC. 552. ENHANCEMENT OF THE JOINT AND SERVICE RECRUITMENT MARKET
RESEARCH AND ADVERTISING PROGRAMS.
The Secretary of Defense shall take appropriate actions to enhance
the effectiveness of the Joint and Service Recruiting and Advertising
Programs through an aggressive program of advertising and market
research targeted to prospective recruits for the Armed Forces and to
persons who influence prospective recruits. Chapter 35 of title 44,
United States Code, shall not apply to actions taken under this
section.
SEC. 553. ACCESS TO SECONDARY SCHOOLS FOR MILITARY RECRUITING PURPOSES.
(a) Requirement for Access.--Section 503(c) of title 10, United
States Code, is amended to read as follows:
``(c) Access to Secondary Schools.--(1) Each local educational
agency shall provide to the Department of Defense, upon a request made
for military recruiting purposes, the same access to secondary school
students, and to directory information concerning such students, as is
provided generally to post-secondary educational institutions or to
prospective employers of those students, except as provided in
paragraph (5).
``(2) If a local educational agency denies a request for recruiting
access that must be granted under paragraph (1), the Secretary of the
military department for which the request is made shall designate a
general or flag officer of the armed force concerned or a senior
executive of that military department to visit the local educational
agency for the purpose of arranging for recruiting access. The
designated officer or senior executive shall make the visit within 120
days after the date of the denial of the request.
``(3) Upon a determination by the Secretary of Defense that, after
the actions under paragraph (2) have been taken with respect to a local
educational agency, the agency continues to deny recruiting access, the
Secretary shall transmit to the Chief Executive of the State in which
the local educational agency is located a notification of the denial of
access and a request for assistance in obtaining the requested access.
The notification shall be transmitted within 60 days after the date of
the determination. The Secretary shall provide copies of communications
between the Secretary and a Chief Executive under this subparagraph to
the Secretary of Education.
``(4) If a local educational agency continues to deny recruiting
access one year after the date of the transmittal of a notification
regarding that agency under paragraph (3), the Secretary shall--
``(A) determine whether the agency denies recruiting access
to at least two of the armed forces (other than the Coast Guard
when it is not operating as a service in the Navy); and
``(B) upon making an affirmative determination under
subparagraph (A), transmit a notification of the denial of
recruiting access to--
``(i) the Committees on Armed Services of the
Senate and the House of Representatives;
``(ii) the Senators of the State in which the local
educational agency operates; and
``(iii) the member of the House of Representatives
who represents the district in which the local
educational agency operates.
``(5) The requirements of this subsection do not apply to a local
educational agency with respect to access to secondary school students
or access to directory information concerning such students during any
period that there is in effect a policy of the agency, established by
majority vote of the governing body of the agency, to deny access to
the students or to the directory information, respectively, for
military recruiting purposes.
``(6) In this subsection:
``(A) The term `local educational agency' includes a
private secondary educational institution.
``(B) The term `recruiting access' means access requested
as described in paragraph (1).
``(C) The term `senior executive' has the meaning given
that term in section 3132(a)(3) of title 5.
``(D) The term `State' includes the District of Columbia,
American Samoa, the Federated States of Micronesia, Guam, the
Republic of the Marshall Islands, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico, the
Republic of Palau, and the United States Virgin Islands.''.
(b) Technical Amendments.--Section 503 of title 10, United States
Code, is amended--
(1) in subsection (a), by inserting ``Recruiting
Campaigns.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Compilation of
Directory Information.--'' after ``(b)''; and
(3) in subsection (c), by inserting ``Access to Secondary
Schools.--'' after ``(c)''.
(c) Repeal of Duplicative Authority Regarding Grants and Contracts
to Uncooperative Institutions of Higher Education.--Section 8120 of the
Department of Defense Appropriations Act, 2000 (Public Law 106-79; 113
Stat. 1260; 10 U.S.C. 983 note) is repealed.
(d) Effective Dates.--(1) The amendment made by subsection (a)
shall take effect on July 1, 2002.
(2) The amendments made by subsections (b) and (c) shall take
effect on the date of the enactment of this Act.
Subtitle E--Other Matters
SEC. 561. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO CERTAIN SPECIFIED
PERSONS.
(a) Inapplicability of Time Limitations.--Notwithstanding the time
limitations in section 3744(b) of title 10, United States Code, or any
other time limitation, the President may award the Medal of Honor under
section 3741 of such title to the persons specified in subsection (b)
for the acts specified in that subsection, the award of the Medal of
Honor to such persons having been determined by the Secretary of the
Army to be warranted in accordance with section 1130 of such title.
(b) Persons Eligible To Receive the Medal of Honor.--The persons
referred to in subsection (a) are the following:
(1) Ed W. Freeman, for conspicuous acts of gallantry and
intrepidity at the risk of his life and beyond the call of duty
on November 14, 1965, as flight leader and second-in-command of
a helicopter lift unit at landing zone X-Ray in the Battle of
the Ia Drang Valley, Republic of Vietnam, during the Vietnam
War, while serving in the grade of Captain in Alpha Company,
229th Assault Helicopter Battalion, 101st Cavalry Division
(Airmobile).
(2) James K. Okubo, for conspicuous acts of gallantry and
intrepidity at the risk of his life and beyond the call of duty
on October 28 and 29, and November 4, 1944, at Foret Domaniale
de Champ, near Biffontaine, France, during World War II, while
serving as an Army medic in the grade of Technician Fifth Grade
in the medical detachment, 442d Regimental Combat Team.
(3) Andrew J. Smith, for conspicuous acts of gallantry and
intrepidity at the risk of his life and beyond the call of duty
on November 30, 1864, in the Battle of Honey Hill, South
Carolina, during the Civil War, while serving as a corporal in
the 55th Massachusetts Voluntary Infantry Regiment.
(c) Posthumous Award.--The Medal of Honor may be awarded under this
section posthumously, as provided in section 3752 of title 10, United
States Code.
(d) Prior Award.--The Medal of Honor may be awarded under this
section for service for which a Silver Star, or other award, has been
awarded.
SEC. 562. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS
TO CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy for the
time within which a recommendation for the award of a military
decoration or award must be submitted shall not apply to awards of
decorations described in this section, the award of each such
decoration having been determined by the Secretary concerned to be
warranted in accordance with section 1130 of title 10, United States
Code.
(b) Silver Star.--Subsection (a) applies to the award of the Silver
Star to Louis Rickler, of Rochester, New York, for gallantry in action
from August 18 to November 18, 1918, while serving as a member of the
Army.
(c) Distinguished Flying Cross.--Subsection (a) applies to the
award of the Distinguished Flying Cross for service during World War II
or Korea (including multiple awards to the same individual) in the case
of each individual concerning whom the Secretary of the Navy (or an
officer of the Navy acting on behalf of the Secretary) submitted to the
Committee on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate, during the period beginning
on October 5, 1999, and ending on the day before the date of the
enactment of this Act, a notice as provided in section 1130(b) of title
10, United States Code, that the award of the Distinguished Flying
Cross to that individual is warranted and that a waiver of time
restrictions prescribed by law for recommendation for such award is
recommended.
SEC. 563. INELIGIBILITY FOR INVOLUNTARY SEPARATION PAY UPON DECLINATION
OF SELECTION FOR CONTINUATION ON ACTIVE DUTY.
(a) Ineligibility.--Section 1174(a)(1) of title 10, United States
Code, is amended--
(1) by inserting ``, 637(a)(4),'' after ``section
630(1)(A)''; and
(2) by inserting ``(except under section 580(e)(2))'' after
``section 580''.
(b) Effective Date and Applicability.--The amendments made by
subsection (a) shall take effect on October 1, 2000, and shall apply
with respect to discharges and retirements from active duty that take
effect under section 580(e)(2) or 637(a)(4) of title 10, United States
Code, on or after that date.
SEC. 564. RECOGNITION BY STATES OF MILITARY TESTAMENTARY INSTRUMENTS.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1044c the following new section:
``Sec. 1044d. Military testamentary instruments: requirement for
recognition by States
``(a) Testamentary Instruments To Be Given Legal Effect.--A
military testamentary instrument--
``(1) is exempt from any requirement of form, formality, or
recording before probate that is provided for testamentary
instruments under the laws of a State; and
``(2) has the same legal effect as a testamentary
instrument prepared and executed in accordance with the laws of
the State in which it is presented for probate.
``(b) Military Testamentary Instruments.--For purposes of this
section, a military testamentary instrument is an instrument that is
prepared with testamentary intent in accordance with regulations
prescribed under this section and that--
``(1) is executed in accordance with subsection (c) by (or
on behalf of) a person, as a testator, who is eligible for
military legal assistance;
``(2) makes a disposition of property of the testator; and
``(3) takes effect upon the death of the testator.
``(c) Requirements for Execution of Military Testamentary
Instruments.--An instrument is valid as a military testamentary
instrument only if--
``(1) the instrument is executed by the testator (or, if
the testator is unable to execute the instrument personally,
the instrument is executed in the presence of, by the direction
of, and on behalf of the testator);
``(2) the instrument is executed in the presence of a
military legal assistance counsel acting as presiding attorney;
``(3) the instrument is executed in the presence of at
least two disinterested witnesses (in addition to the presiding
attorney), each of whom attests to witnessing the testator's
execution of the instrument by signing it; and
``(4) the instrument is executed in accordance with such
additional requirements as may be provided in regulations
prescribed under this section.
``(d) Self-Proving Military Testamentary Instruments.--(1) If the
document setting forth a military testamentary instrument meets the
requirements of paragraph (2), then the signature of a person on the
document as the testator, an attesting witness, a notary, or the
presiding attorney, together with a written representation of the
person's status as such and the person's military grade (if any) or
other title, is prima facie evidence of the following:
``(A) That the signature is genuine.
``(B) That the signatory had the represented status and
title at the time of the execution of the will.
``(C) That the signature was executed in compliance with
the procedures required under the regulations prescribed under
subsection (f).
``(2) A document setting forth a military testamentary instrument
meets the requirements of this paragraph if it includes (or has
attached to it), in a form and content required under the regulations
prescribed under subsection (f), each of the following:
``(A) A certificate, executed by the testator, that
includes the testator's acknowledgment of the testamentary
instrument.
``(B) An affidavit, executed by each witness signing the
testamentary instrument, that attests to the circumstances
under which the testamentary instrument was executed.
``(C) A notarization, including a certificate of any
administration of an oath required under the regulations, that
is signed by the notary or other official administering the
oath.
``(e) Statement To Be Included.--(1) Under regulations prescribed
under this section, each military testamentary instrument shall contain
a statement that sets forth the provisions of subsection (a).
``(2) Paragraph (1) shall not be construed to make inapplicable the
provisions of subsection (a) to a testamentary instrument that does not
include a statement described in that paragraph.
``(f) Regulations.--Regulations for the purposes of this section
shall be prescribed jointly by the Secretary of Defense and by the
Secretary of Transportation with respect to the Coast Guard when it is
not operating as a service in the Department of the Navy.
``(g) Definitions.--In this section:
``(1) The term `person eligible for military legal
assistance' means a person who is eligible for legal assistance
under section 1044 of this title.
``(2) The term `military legal assistance counsel' means--
``(A) a judge advocate (as defined in section
801(13) of this title); or
``(B) a civilian attorney serving as a legal
assistance officer under the provisions of section 1044
of this title.
``(3) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, and each possession of the United
States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1044c the following new item:
``1044d. Military testamentary instruments: requirement for recognition
by States.''.
SEC. 565. SENSE OF CONGRESS ON THE COURT-MARTIAL CONVICTION OF CAPTAIN
CHARLES BUTLER MCVAY, COMMANDER OF THE U.S.S.
INDIANAPOLIS, AND ON THE COURAGEOUS SERVICE OF ITS CREW.
(a) Findings.--Congress makes the following findings:
(1) Shortly after midnight on the morning of July 30, 1945,
the United States Navy heavy cruiser U.S.S. Indianapolis (CA-
35) was torpedoed and sunk by the Japanese submarine I-58 in
what became the worst sea disaster in the history of the United
States Navy.
(2) Although approximately 900 of the ship's crew of 1,196
survived the actual sinking, only 316 of those courageous
sailors survived when rescued after four and a half days adrift
in the open sea.
(3) Nearly 600 of the approximately 900 men who survived
the sinking perished from battle wounds, drowning, predatory
shark attacks, exposure to the elements, and lack of food and
potable water.
(4) Rescue came for the remaining 316 sailors when they
were spotted by chance by Navy Lieutenant Wilbur C. Gwinn while
flying a routine naval air patrol mission.
(5) After the end of World War II, the commanding officer
of the U.S.S. Indianapolis, Captain Charles Butler McVay, who
was rescued with the other survivors, was court-martialed for
``suffering a vessel to be hazarded through negligence'' by
failing to zigzag (a naval tactic employed to help evade
submarine attacks), and was convicted even though--
(A) the choice to zigzag was left to Captain
McVay's discretion in his orders; and
(B) Motchisura Hashimoto, the commander of the
Japanese submarine that sank the U.S.S. Indianapolis,
and Glynn R. Donaho, a United States Navy submarine
commander highly decorated for his service during World
War II, both testified at Captain McVay's court-martial
trial that the Japanese submarine could have sunk the
U.S.S. Indianapolis whether or not it had been
zigzagging, an assertion that the Japanese submarine
commander has since reaffirmed in a letter to the
Chairman of the Committee on Armed Services of the
Senate.
(6) Although not argued by Captain McVay's defense counsel
in the court-martial trial, poor visibility on the night of the
sinking (as attested in surviving crew members' handwritten
accounts recently discovered at the National Archives)
justified Captain McVay's choice not to zigzag as that choice
was consistent with the applicable Navy directives in force in
1945, which stated that, ``During thick weather and at night,
except on very clear nights or during bright moonlight, vessels
normally cease zig-zagging.''.
(7) Naval officials failed to provide Captain McVay with
available support that was critical to the safety of the U.S.S.
Indianapolis and its crew on what became its final mission by--
(A) disapproving a request made by Captain McVay
for a destroyer escort for the U.S.S. Indianapolis
across the Philippine Sea as being ``not necessary'';
(B) not informing Captain McVay that naval
intelligence sources, through signal intelligence (the
Japanese code having been broken earlier in World War
II), had become aware that the Japanese submarine I-58
was operating in the area of the U.S.S. Indianapolis'
course (as disclosed in evidence presented in a hearing
of the Committee on Armed Services of the Senate); and
(C) not informing Captain McVay of the sinking of
the destroyer escort U.S.S. Underhill by a Japanese
submarine within range of the course of the U.S.S.
Indianapolis four days before the U.S.S. Indianapolis
departed Guam on its fatal voyage.
(8) Captain McVay's court-martial initially was opposed by
his immediate command superiors, Fleet Admiral Chester Nimitz
(CINCPAC) and Vice Admiral Raymond Spruance of the 5th fleet,
for which the U.S.S. Indianapolis served as flagship, but,
despite their recommendations, Secretary of the Navy James
Forrestal ordered the court-martial, largely on the basis of
the recommendation of Admiral King, Chief of Naval Operations.
(9) There is no explanation on the public record for
Secretary Forestal's overruling of the recommendations made by
Admirals Nimitz and Spruance.
(10) Captain McVay was the only commander of a United
States Navy vessel lost in combat to enemy action during World
War II who was subjected to a court-martial trial for such a
loss, even though several hundred United States Navy ships were
lost in combat to enemy action during World War II.
(11) The survivors of the U.S.S. Indianapolis
overwhelmingly conclude that McVay was not at fault and have
dedicated their lives to vindicating their Captain, Charles
McVay, but time is running out for the 130 remaining members of
the crew in their united and steadfast quest to clear their
Captain's name.
(12) Although Captain McVay was promoted to Rear Admiral
upon retirement from the Navy, he never recovered from the
stigma of his post-war court-martial and in 1968, tragically,
took his own life.
(13) Captain McVay was a graduate of the United States
Naval Academy, was an exemplary career naval officer with an
outstanding record (including participation in the amphibious
invasions of North Africa, the assault on Iwo Jima, and the
assault on Okinawa where he survived a fierce kamikaze attack),
was a recipient of the Silver Star earned for courage under
fire during the Solomon Islands campaign, and, with his crew,
had so thoroughly demonstrated proficiency in naval warfare
that the Navy entrusted Captain McVay and the crew with
transporting, on their fatal cruise, the components necessary
for assembling the atomic bombs that were exploded over
Hiroshima and Nagasaki to end the war with Japan.
(b) Sense of Congress.--(1) It is the sense of Congress, on the
basis of the facts presented in a public hearing conducted by the
Committee on Armed Services of the Senate on September 14, 1999,
including evidence not available at the time of Captain Charles Butler
McVay's court-martial, and on the basis of extensive interviews and
questioning of witnesses and knowledgeable officials and a review of
the record of the court-martial for and in that hearing, that--
(A) recognizing that the Secretary of the Navy remitted the
sentence of the court-martial and that Admiral Nimitz, as Chief
of Naval Operations, restored Captain McVay to active duty, the
American people should now recognize Captain McVay's lack of
culpability for the tragic loss of the U.S.S. Indianapolis and
the lives of the men who died as a result of her sinking; and
(B) knowing that vital information was not available to the
court-martial board and that, as a result, Captain McVay was
convicted, Captain McVay's military record should now reflect
that he is exonerated for the loss of the ship and its crew.
(2) It is, further, the sense of Congress that Congress strongly
encourages the Secretary of the Navy to award a Navy Unit Commendation
to the U.S.S. Indianapolis and its final crew.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2001.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2001 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2001, the rates
of monthly basic pay for members of the uniformed services are
increased by 3.7 percent.
SEC. 602. CORRECTIONS FOR BASIC PAY TABLES.
Section 601(c) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65) is amended--
(1) in footnote 2 under the first table (113 Stat. 646),
relating to commissioned officers, by striking ``$12,441.00''
and inserting ``$12,488.70''; and
(2) in footnote 2 under the fourth table (113 Stat. 648),
relating to enlisted members, by striking ``$4,701.00'' and
inserting ``$4,719.00''.
SEC. 603. PAY IN LIEU OF ALLOWANCE FOR FUNERAL HONORS DUTY.
(a) Compensation at Rate for Inactive-Duty Training.--(1) Section
115(b)(2) of title 32, United States Code, is amended to read as
follows:
``(2) as directed by the Secretary concerned, either--
``(A) the allowance under section 435 of title 37;
or
``(B) compensation under section 206 of title
37.''.
(2) Section 12503(b)(2) of title 10, United States Code, is amended
to read as follows:
``(2) as directed by the Secretary concerned, either--
``(A) the allowance under section 435 of title 37;
or
``(B) compensation under section 206 of title
37.''.
(b) Conforming Repeal.--Section 435 of title 37, United States
Code, is amended by striking subsection (c).
(c) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2000, and shall apply with
respect to months beginning on or after that date.
SEC. 604. CLARIFICATION OF SERVICE EXCLUDED IN COMPUTATION OF
CREDITABLE SERVICE AS A MARINE CORPS OFFICER.
(a) Service as Reserve Enlisted Member in Platoon Leaders Class.--
Section 205(f) of title 37, United States Code, is amended by striking
``that the officer performed concurrently as a member'' and inserting
``that the officer performed concurrently as an enlisted member''.
(b) Correction of Reference.--Such section 205(f) is further
amended by striking ``section 12209'' and inserting ``section 12203''.
SEC. 605. CALCULATION OF BASIC ALLOWANCE FOR HOUSING.
(a) Rates.--Subsection (b) of section 403 of title 37, United
States Code, is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraph (1) as paragraph (2);
(3) by inserting after ``(b) Basic Allowance for Housing
Inside the United States.--'' the following: ``(1) The
Secretary of Defense shall prescribe the rates of the basic
allowance for housing that are applicable for the various
military housing areas in the United States. The rates for an
area shall be based on the costs of adequate housing determined
for the area under paragraph (2).''; and
(4) in paragraph (6), by striking ``, changes in the
national average monthly cost of housing,''.
(b) Repeal of Limitation on Total Payments.--Subsection (b) of such
section is further amended--
(1) by striking paragraphs (3) and (5); and
(2) by redesignating paragraphs (4), (6), and (7) as
paragraphs (3), (4), and (5), respectively.
SEC. 606. ELIGIBILITY OF MEMBERS IN GRADE E-4 TO RECEIVE BASIC
ALLOWANCE FOR HOUSING WHILE ON SEA DUTY.
(a) Payment Authorized.--Subsection (f)(2)(B) of section 403 of
title 37, United States Code, is amended--
(1) by striking ``E-5'' in the first sentence and inserting
``E-4 or E-5''; and
(2) by striking ``grade E-5'' in the second sentence and
inserting ``grades E-4 and E-5''.
(b) Conforming Amendment.--Subsection (m)(1)(B) of such section is
amended by striking ``E-4'' and inserting ``E-3''.
SEC. 607. PERSONAL MONEY ALLOWANCE FOR THE SENIOR ENLISTED MEMBERS OF
THE ARMED FORCES.
(a) Authority.--Section 414 of title 37, United States Code, is
amended by adding at the end the following:
``(c) In addition to other pay or allowances authorized by this
title, a noncommissioned officer is entitled to a personal money
allowance of $2,000 a year while serving as the Sergeant Major of the
Army, the Master Chief Petty Officer of the Navy, the Chief Master
Sergeant of the Air Force, the Sergeant Major of the Marine Corps, or
the Master Chief Petty Officer of the Coast Guard.''.
(b) Effective Date.--This section and the amendment made by this
section shall take effect on October 1, 2000.
SEC. 608. INCREASED UNIFORM ALLOWANCES FOR OFFICERS.
(a) Initial Allowance.--Section 415(a) of title 37, United States
Code, is amended by striking ``$200'' and inserting ``$400''.
(b) Additional Allowance.--Section 416(a) of such title is amended
by striking ``$100'' and inserting ``$200''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2000.
SEC. 609. CABINET-LEVEL AUTHORITY TO PRESCRIBE REQUIREMENTS AND
ALLOWANCE FOR CLOTHING OF ENLISTED MEMBERS.
Section 418 of title 37, United States Code, is amended--
(1) in subsection (a), by striking ``The President'' and
inserting ``The Secretary of Defense and the Secretary of
Transportation, with respect to the Coast Guard when it is not
operating as a service in the Navy,''; and
(2) in subsection (b), by striking ``the President'' and
inserting ``the Secretary of Defense''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR
RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically Short
Wartime Specialties.--Section 302g(f) of title 37, United States Code,
is amended by striking ``December 31, 2000'' and inserting ``December
31, 2001''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of such
title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of such
title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(d) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2000'' and inserting ``December 31, 2001''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of such title
is amended by striking ``December 31, 2000'' and inserting ``December
31, 2001''.
(h) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of title 10,
United States Code, is amended by striking ``January 1, 2001'' and
inserting ``January 1, 2002''.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR
NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE
ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2000'' and inserting ``December 31, 2001''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2000'' and inserting ``December 31, 2001''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by striking
``December 31, 2000'' and inserting ``December 31, 2001''.
SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2000,'' and
inserting ``December 31, 2001,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(c) Enlistment Bonus for Persons With Critical Skills.--Section
308a(d) of such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(d) Army Enlistment Bonus.--Section 308f(c) of such title is
amended by striking ``December 31, 2000'' and inserting ``December 31,
2001''.
(e) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of such title is amended by striking
``December 31, 2000'' and inserting ``December 31, 2001''.
(f) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2000'' and inserting ``December
31, 2001''.
(g) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
SEC. 614. CONSISTENCY OF AUTHORITIES FOR SPECIAL PAY FOR RESERVE
MEDICAL AND DENTAL OFFICERS.
(a) Reserve Medical Officers Special Pay.--Section 302(h)(1) of
title 37, United States Code, is amended by adding at the end: ``,
including active duty in the form of annual training, active duty for
training, and active duty for special work''.
(b) Reserve Dental Officers Special Pay Amendment.--Subsection (d)
of section 302f of title 37, United States Code, is amended to read as
follows:
``(d) Special Rule for Reserve Medical and Dental Officers.--While
a Reserve medical or dental officer receives a special pay under
section 302 or 302b of this title by reason of subsection (a), the
officer shall not be entitled to special pay under section 302(h) or
302b(h) of this title.''.
SEC. 615. SPECIAL PAY FOR PHYSICIAN ASSISTANTS OF THE COAST GUARD.
Section 302c(d)(1) of title 37, United States Code, is amended by
inserting after ``nurse,'' the following: ``an officer of the Coast
Guard or Coast Guard Reserve designated as a physician assistant,''.
SEC. 616. AUTHORIZATION OF SPECIAL PAY AND ACCESSION BONUS FOR PHARMACY
OFFICERS.
(a) Authorization of Special Pay.--Chapter 5 of title 37, United
States Code, is amended by inserting after section 302h the following
new section:
``Sec. 302i. Special pay: pharmacy officers
``(a) Army, Navy, and Air Force Pharmacy Officers.--Under
regulations prescribed pursuant to section 303a of this title, the
Secretary of the military department concerned may, subject to
subsection (c), pay special pay at the rates specified in subsection
(d) to an officer who--
``(1) is a pharmacy officer in the Medical Service Corps of
the Army or Navy or the Biomedical Sciences Corps of the Air
Force; and
``(2) is on active duty under a call or order to active
duty for a period of not less than one year.
``(b) Public Health Service Corps.--Subject to subsection (c), the
Secretary of Health and Human Services may pay special pay at the rates
specified in subsection (d) to an officer who--
``(1) is an officer in the Regular or Reserve Corps of the
Public Health Service and is designated as a pharmacy officer;
and
``(2) is on active duty under a call or order to active
duty for a period of not less than one year.
``(c) Limitation.--Special pay may not be paid under this section
to an officer serving in a pay grade above pay grade O-6.
``(d) Rate of Special Pay.--The rate of special pay paid to an
officer subsection (a) or (b) is as follows:
``(1) $3,000 per year, if the officer is undergoing
pharmacy internship training or has less than 3 years of
creditable service.
``(2) $7,000 per year, if the officer has at least 3 but
less than 6 years of creditable service and is not undergoing
pharmacy internship training.
``(3) $7,000 per year, if the officer has at least 6 but
less than 8 years of creditable service.
``(4) $12,000 per year, if the officer has at least 8 but
less than 12 years of creditable service.
``(5) $10,000 per year, if the officer has at least 12 but
less than 14 years of creditable service.
``(6) $9,000 per year, if the officer has at least 14 but
less than 18 years of creditable service.
``(7) $8,000 per year, if the officer has 18 or more years
of creditable service.''.
(b) Authorization of Accession Bonuses.--Chapter 5 of that title is
further amended by inserting after section 302i, as added by subsection
(a) of this section, the following new section:
``Sec. 302j. Special pay: accession bonus for pharmacy officers
``(a) Accession Bonus Authorized.--A person who is a graduate of an
accredited pharmacy school and who, during the period beginning on the
date of the enactment of the National Defense Authorization Act for
Fiscal Year 2001 and ending on September 30, 2004, executes a written
agreement described in subsection (c) to accept a commission as an
officer of a uniformed service and remain on active duty for a period
of not less than 4 years may, upon acceptance of the agreement by the
Secretary concerned, be paid an accession bonus in an amount determined
by the Secretary concerned.
``(b) Limitation on Amount of Bonus.--The amount of an accession
bonus under subsection (a) may not exceed $30,000.
``(c) Limitation on Eligibility for Bonus.--A person may not be
paid a bonus under subsection (a) if--
``(1) the person, in exchange for an agreement to accept an
appointment as a warrant or commissioned officer, received
financial assistance from the Department of Defense or the
Department of Health and Human Services to pursue a course of
study in pharmacy; or
``(2) the Secretary concerned determines that the person is
not qualified to become and remain licensed as a pharmacist.
``(d) Agreement.--The agreement referred to in subsection (a) shall
provide that, consistent with the needs of the uniformed service
concerned, the person executing the agreement shall be assigned to
duty, for the period of obligated service covered by the agreement, as
a pharmacy officer in the Medical Service Corps of the Army or Navy, a
biomedical sciences officer in the Air Force designated as a pharmacy
officer, or a pharmacy officer of the Public Health Service.
``(e) Repayment.--(1) An officer who receives a payment under
subsection (a) and who fails to become and remain licensed as a
pharmacist during the period for which the payment is made shall refund
to the United States an amount equal to the full amount of such
payment.
``(2) An officer who voluntarily terminates service on active duty
before the end of the period agreed to be served under subsection (a)
shall refund to the United States an amount that bears the same ratio
to the amount paid to the officer as the unserved part of such period
bears to the total period agreed to be served.
``(3) An obligation to reimburse the United States under paragraph
(1) or (2) is for all purposes a debt owed to the United States.
``(4) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of an agreement under this section
does not discharge the person signing such agreement from a debt
arising under such agreement or this subsection. This paragraph applies
to any case commenced under title 11 after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2001.''.
(c) Administration.--Section 303a of title 37, United States Code,
is amended by striking ``302h'' each place it appears and inserting
``302j''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of such title is amended by inserting after the item relating
to section 302h the following new items:
``302i. Special pay: pharmacy officers.
``302j. Special pay: accession bonus for pharmacy officers.''.
SEC. 617. CORRECTION OF REFERENCES TO AIR FORCE VETERINARIANS.
Section 303(a) of title 37, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``who is designated as
a veterinary officer'' and inserting ``who is an officer in the
Biomedical Sciences Corps and holds a degree in veterinary
medicine''; and
(2) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) of a reserve component of the Air Force, of
the Army or the Air Force without specification of
component, or of the National Guard, who--
``(i) is designated as a veterinary
officer; or
``(ii) is an officer in the Biomedical
Sciences Corps of the Air Force and holds a
degree in veterinary medicine; or''.
SEC. 618. ENTITLEMENT OF ACTIVE DUTY OFFICERS OF THE PUBLIC HEALTH
SERVICE CORPS TO SPECIAL PAYS AND BONUSES OF HEALTH
PROFESSIONAL OFFICERS OF THE ARMED FORCES.
(a) In General.--Section 303a of title 37, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b)(1) Except as provided in paragraph (2) or as otherwise
provided under a provision of this chapter, commissioned officers in
the Regular or Reserve Corps of the Public Health Service shall be
entitled to special pay under the provisions of this chapter in the
same amounts, and under the same terms and conditions, as commissioned
officers of the armed forces are entitled to special pay under the
provisions of this chapter.
``(2) A commissioned medical officer in the Regular or Reserve
Corps of the Public Health Service (other than an officer serving in
the Indian Health Service) may not receive additional special pay under
section 302(a)(4) of this title for any period during which the officer
is providing obligated service under the following provisions of law:
``(A) Section 338B of the Public Health Service Act (42
U.S.C. 254l-1).
``(B) Section 225(e) of the Public Health Service Act, as
that section was in effect before 1, 1977.
``(C) Section 752 of the Public Health Service Act, as that
section was in effect between October 1, 1977, and August 13,
1981.''.
(b) Repeal of Superseded Provisions.--Section 208(a) of the Public
Health Service Act (42 U.S.C. 210(a)) is amended--
(1) by striking paragraphs (2) and (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) For provisions relating to the receipt of special pay by
commissioned officers of the Regular and Reserve Corps while on active
duty, see section 303a(b) of title 37, United States Code.''.
SEC. 619. CAREER SEA PAY.
(a) Reform of Authorities.--Section 305a of title 37, United States
Code, is amended--
(1) in subsection (a), by striking ``Under regulations
prescribed by the President, a member'' and inserting ``A
member'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by striking subsections (b) and (c) and inserting the
following:
``(b) The Secretary concerned shall prescribe the monthly rates for
special pay applicable to members of each armed force under the
Secretary's jurisdiction. No monthly rate may exceed $750.
``(c) A member of a uniformed service entitled to career sea pay
under this section who has served 36 consecutive months of sea duty is
also entitled to a career sea pay premium for the thirty-seventh
consecutive month and each subsequent consecutive month of sea duty
served by such member. The monthly amount of the premium shall be
prescribed by the Secretary concerned, but may not exceed $350.
``(d) The Secretary concerned shall prescribe regulations for the
administration of this section for the armed force or armed forces
under the jurisdiction of the Secretary. The entitlements under this
section shall be subject to the regulations.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000, and shall apply with respect to months
beginning on or after that date.
SEC. 620. INCREASED MAXIMUM RATE OF SPECIAL DUTY ASSIGNMENT PAY.
Section 307(a) of title 37, United States Code, is amended--
(1) by striking ``$275'' and inserting ``$600''; and
(2) by striking the second sentence.
SEC. 621. EXPANSION OF APPLICABILITY OF AUTHORITY FOR CRITICAL SKILLS
ENLISTMENT BONUS TO INCLUDE ALL ARMED FORCES.
(a) Expansion of Authority.--Section 308f of title 37, United
States Code, is amended--
(1) by striking ``Secretary of the Army'' each place it
appears and inserting ``Secretary concerned''; and
(2) by striking ``the Army'' in subsections (a)(3) and (c)
and inserting ``an armed force''.
(b) Conforming Amendment.--The heading for such section is amended
to read as follows:
``Sec. 308f. Special pay: bonus for enlistment''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of title 37, United States Code, is amended by striking the
item relating to section 308f and inserting the following:
``308f. Special pay: bonus for enlistment.''.
(d) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2000, and shall apply with
respect to months beginning on or after that date.
Subtitle C--Travel and Transportation Allowances
SEC. 631. ADVANCE PAYMENTS FOR TEMPORARY LODGING OF MEMBERS AND
DEPENDENTS.
(a) Subsistence Expenses.--Section 404a of title 37, United States
Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively; and
(2) by striking subsection (a) and inserting the following:
``(a)(1) Under regulations prescribed by the Secretaries concerned,
a member of a uniformed service who is ordered to make a change of
permanent station described in paragraph (2) shall be paid or
reimbursed for subsistence expenses of the member and the member's
dependents for the period (subject to subsection (c)) for which the
member and dependents occupy temporary quarters incident to that change
of permanent station.
``(2) Paragraph (1) applies to the following:
``(A) A permanent change of station from any duty station
to a duty station in the United States (other than Hawaii or
Alaska).
``(B) A permanent change of station from a duty station in
the United States (other than Hawaii or Alaska) to a duty
station outside the United States or in Hawaii or Alaska.
``(b) The Secretary concerned may make any payment for subsistence
expenses to a member under this section in advance of the incurrence of
the expenses. The amount of an advance payment made to a member shall
be computed on the basis of the Secretary's determination of the
average number of days that members and their dependents occupy
temporary quarters under the circumstances applicable to the member and
the member's dependents.
``(c)(1) In the case of a change of permanent station described in
subsection (a)(2)(A), the period for which subsistence expenses are to
be paid or reimbursed under this section may not exceed 10 days.
``(2) In the case of a change of permanent station described in
subsection (a)(2)(B)--
``(A) the period for which such expenses are to be paid or
reimbursed under this section may not exceed five days; and
``(B) such payment or reimbursement may be provided only
for expenses incurred before leaving the United States (other
than Hawaii or Alaska).''.
(b) Per Diem.--Section 405 of such title is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by striking subsection (a) and inserting the following:
``(a) Without regard to the monetary limitation of this title, the
Secretary concerned may pay a per diem to a member who is on duty
outside of the United States or in Hawaii or Alaska, whether or not the
member is in a travel status. The Secretary may pay the per diem in
advance of the accrual of the per diem.
``(b) In determining the per diem to be paid under this section,
the Secretary concerned shall consider all elements of the cost of
living to members of the uniformed services under the Secretary's
jurisdiction and their dependents, including the cost of quarters,
subsistence, and other necessary incidental expenses. However,
dependents may not be considered in determining the per diem allowance
for a member in a travel status.''.
SEC. 632. INCENTIVE FOR SHIPPING AND STORING HOUSEHOLD GOODS IN LESS
THAN AVERAGE WEIGHTS.
Section 406(b)(1) of title 37, United States Code, is amended by
adding at the end the following new subparagraph:
``(G) The Secretary concerned may pay a member a share (determined
by the Secretary) of the amount of the savings resulting to the United
States for less than average shipping and storage of the member's
baggage and household effects under subparagraph (A). Shipping and
storage of a member's baggage and household effects for a member shall
be considered as less than average if the total weights of the baggage
and household effects shipped and stored are less than the average
weights of the baggage and household effects that are shipped and
stored, respectively, by members of the same grade and status with
respect to dependents as the member in connection with changes of
station that are comparable to the member's change of station. The
amount of the savings shall be the amount equal to the excess of the
cost of shipping and cost of storing such average weights of baggage
and household effects, respectively, over the corresponding costs
associated with the weights of the member's baggage and household
effects. For the administration of this subparagraph, the Secretary of
Defense shall annually determine the average weights of baggage and
household effects shipped and stored.''.
SEC. 633. EXPANSION OF FUNDED STUDENT TRAVEL.
Section 430 of title 37, United States Code, is amended--
(1) in subsection (a)(3), by striking ``for the purpose of
obtaining a secondary or undergraduate college education'' and
inserting ``for the purpose of obtaining a formal education'';
(2) in subsection (b), by striking ``for the purpose of
obtaining a secondary or undergraduate college education'' and
inserting ``for the purpose of obtaining a formal education'';
and
(3) in subsection (f)--
(A) by striking ``In this section, the term'' and
insert the following:
``In this section:
``(1) The term''; and
(B) by adding at the end the following:
``(2) The term `formal education' means the following:
``(A) A secondary education.
``(B) An undergraduate college education.
``(C) A graduate education pursued on a full-time
basis at an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)).
``(D) Vocational education pursued on a full-time
basis at a post-secondary vocational institution (as
defined in section 102(c) of the Higher Education Act
of 1965 (20 U.S.C. 1002(c))).''.
SEC. 634. BENEFITS FOR MEMBERS NOT TRANSPORTING PERSONAL MOTOR VEHICLES
OVERSEAS.
(a) Incentives.--Section 2634 of title 10, United States Code, is
amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h)(1) If a member of an armed force authorized the
transportation of a motor vehicle under subsection (a) elects not to
have the vehicle transported and not (if eligible) to have the vehicle
stored under subsection (b), the Secretary concerned may pay the member
a share (determined by the Secretary) of the amount of the savings
resulting to the United States. The Secretary may make the payment in
advance of the member's change of permanent station.
``(2) The Secretary of Defense shall determine annually the rates
of savings to the United States that are associated with elections of a
member described in paragraph (1).''.
(b) Storage as Alternative to Transportation for Unaccompanied
Assignments.--Subsection (b) of such section--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) If a member authorized the transportation of a motor vehicle
under subsection (a) is not authorized under reassignment orders to be
accompanied by dependents on a command-sponsored basis, the member may
elect, in lieu of that transportation, to have the motor vehicle stored
at a location approved by the Secretary concerned. If storage is
elected, the Secretary shall pay the expenses associated with the
storage of the vehicle, as authorized under paragraph (4), up to the
amount equal to the cost that would have been incurred by the United
States for transportation of the vehicle under subsection (a). The
member shall be responsible for the payment of the costs of the storage
in excess of that amount.''.
Subtitle D--Retirement Benefits
SEC. 641. EXCEPTION TO HIGH-36 MONTH RETIRED PAY COMPUTATION FOR
MEMBERS RETIRED FOLLOWING A DISCIPLINARY REDUCTION IN
GRADE.
Section 1407 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``The retired pay base''
and inserting ``Except as provided in subsection (f), the
retired pay base''; and
(2) by adding at the end the following new subsection:
``(f) Exception for Enlisted Members Reduced in Grade and Officers
Who Do Not Serve Satisfactorily in Highest Grade Held.--
``(1) Computation based on pre-high-three rules.--In the
case of a member or former member described in paragraph (2),
the retired pay base or retainer pay base is determined under
section 1406 of this title in the same manner as if the member
or former member first became a member of a uniformed service
before September 8, 1980.
``(2) Affected members.--A member or former member referred
to in paragraph (1) is a member or former member who by reason
of conduct occurring after the date of the enactment of this
subsection--
``(A) in the case of a member retired in an
enlisted grade or transferred to the Fleet Reserve or
Fleet Marine Corps Reserve, was at any time reduced in
grade as the result of a court-martial sentence,
nonjudicial punishment, or an administrative action,
unless the member was subsequently promoted to a higher
enlisted grade or appointed to a commissioned or
warrant grade; and
``(B) in the case of an officer, is retired in a
grade lower than the highest grade in which served by
reason of denial of a determination or certification
under section 1370 of this title that the officer
served on active duty satisfactorily in that grade.
``(3) Special rule for enlisted members.--In the case of a
member who retires within three years after having been reduced
in grade as described in paragraph (2)(A), who retires in an
enlisted grade that is lower than the grade from which reduced,
and who would be subject to paragraph (2)(A) but for a
subsequent promotion to a higher enlisted grade or a subsequent
appointment to a warrant or commissioned grade, the rates of
basic pay used in the computation of the member's high-36
average for the period of the member's service in a grade
higher than the grade in which retired shall be the rates of
pay that would apply if the member had been serving for that
period in the grade in which retired.''.
SEC. 642. AUTOMATIC PARTICIPATION IN RESERVE COMPONENT SURVIVOR BENEFIT
PLAN UNLESS DECLINED WITH SPOUSE'S CONSENT.
(a) Initial Opportunity To Decline.--Paragraph (2)(B) of section
1448(a) of title 10, United States Code, is amended to read as follows:
``(B) Reserve-component annuity participants.--A
person who is--
``(i) eligible to participate in the Plan
under paragraph (1)(B); and
``(ii) married or has a dependent child
when he is notified under section 12731(d) of
this title that he has completed the years of
service required for eligibility for reserve-
component retired pay, unless the person elects
(with his spouse's concurrence, if required
under paragraph (3)) not to participate in the
Plan before the end of the 90-day period
beginning on the date he receives such
notification.
A person who elects not to participate in the Plan as
described in the foregoing sentence remains eligible,
upon reaching 60 years of age and otherwise becoming
entitled to retired pay, to participate in the Plan in
accordance with eligibility under paragraph (1)(A).''.
(b) Spousal Consent Requirement.--Paragraph (3)(B) of such section
is amended--
(1) by striking ``who elects to provide'' and inserting
``who is eligible to provide'';
(2) by redesignating clauses (i) and (ii) as clauses (iii)
and (iv), respectively; and
(3) by inserting before clause (iii), as so redesignated,
the following:
``(i) not to participate in the Plan;
``(ii) to defer the effective date of
annuity payments to the 60th anniversary of the
member's birth pursuant to subsection
(e)(2);''.
(c) Irrevocability of Election Not To Participate Made Upon Receipt
of 20-Year Letter.--Paragraph (4)(B) of such section is amended by
striking ``to participate in the Plan is irrevocable'' and inserting
``not to participate in the Plan is, subject to the sentence following
clause (ii) of paragraph (2)(B), irrevocable''.
(d) Designation of Commencement of Reserve-Component Annuity.--(1)
Section 1448(e) of title 10, United States Code, is amended by striking
``a person electing to participate'' and all that follows through
``making such election'' and inserting ``a person is required to make a
designation under this subsection, the person''.
(2) Section 1450(j)(1) of such title is amended to read as follows:
``(1) Person making section 1448(e) designation.--A
reserve-component annuity shall be effective in accordance with
the designation made under section 1448(e) of this title by the
person providing the annuity.''.
(e) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2000.
SEC. 643. PARTICIPATION IN THRIFT SAVINGS PLAN.
(a) Effective Date of Participation Authority.--Section 663 of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 673; 5 U.S.C. 8440 note) is amended to read as
follows:
``SEC. 663. EFFECTIVE DATE.
``(a) In General.--The amendments made by this subtitle shall take
effect 180 days after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2001.
``(b) Postponement Authority.--(1) The Secretary of Defense may
postpone the authority of members of the Ready Reserve to participate
in the Thrift Savings Plan under section 211 of title 37, United States
Code (as amended by this subtitle) up to 360 days after the date
referred to in subsection (a) if the Secretary, after consultation with
the Executive Director (appointed by the Federal Retirement Thrift
Investment Board), determines that permitting such members to
participate in the Thrift Savings Plan earlier would place an excessive
burden on the administrative capacity of the Board to accommodate
participants in the Thrift Savings Plan.
``(2) The Secretary shall notify the congressional defense
committees, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of the
Senate of any determination made under paragraph (1).''.
(b) Regulations.--Section 661(b) of such Act (113 Stat. 672; 5
U.S.C. 8440e) is amended by striking ``the date on which'' and all that
follows through ``later,'' and inserting ``the effective date of the
amendments made by this subtitle (determined under section 663(a)),''.
SEC. 644. RETIREMENT FROM ACTIVE RESERVE SERVICE AFTER REGULAR
RETIREMENT.
(a) Conversion to Reserve Retirement.--(1) Chapter 1223 of title
10, United States Code, is amended by adding at the end the following:
``Sec. 12741. Retirement from active reserve service performed after
regular retirement
``(a) Reserve Retirement.--Upon the election of a member or former
member of a reserve component under subsection (b), the Secretary
concerned shall--
``(1) treat the person as being entitled to retired pay
under this chapter;
``(2) terminate the person's entitlement to retired pay
that is payable out of the Department of Defense Military
Retirement Fund under any other provision of law other than
this chapter; and
``(3) in the case of a reserve commissioned officer,
transfer the officer to the Retired Reserve.
``(b) Eligibility and Election.--A person who, after being retired
under chapter 65, 367, 571, or 867 of this title, serves in an active
status in a reserve component of the armed forces may elect to receive
retired pay under this chapter if--
``(1) the person would, except for paragraph (4) of section
12731(a) of this title, otherwise be entitled to retired pay
under this chapter; and
``(2) during that reserve service, the person served
satisfactorily as--
``(A) a reserve commissioned officer; or
``(B) a reserve noncommissioned officer.
``(c) Time and Form of Election.--An election under subsection (b)
shall be made within such time and in such form as the Secretary
concerned requires.
``(d) Effective Date of Election.--An election made by a person
under subsection (b) shall be effective--
``(1) except as provided in paragraph (2)(B), as of the
date on which the person attains 60 years of age, if the
election is made in accordance with this section within 180
days after that date; or
``(2) on the first day of the first month that begins after
the date on which the election is made in accordance with this
section, if--
``(A) the election is made more than 180 days after
the date on which the person attains 60 years of age;
or
``(B) the person retires from active reserve
service within that 180-day period.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``12741. Retirement from active service performed after regular
retirement.''.
(b) Effective Date and Applicability.--(1) This section and the
amendments made by this section shall take effect 180 days after the
date of the enactment of this Act.
(2) No benefits shall accrue under section 12741 of title 10,
United States Code (as added by subsection (a)), for any period before
the first day of the first month that begins on or after the effective
date of this section.
SEC. 645. SAME TREATMENT FOR FEDERAL JUDGES AS FOR OTHER FEDERAL
OFFICIALS REGARDING PAYMENT OF MILITARY RETIRED PAY.
(a) Repeal of Requirement for Suspension During Regular Active
Service.--Section 371 of title 28, United States Code, is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(b) Conforming Amendments.--Subsection (b) of such section is
amended by striking ``subsection (f)'' each place it appears and
inserting ``subsection (e)''.
(c) Retroactive Effective Date.--The amendments made by this
section shall take effect as of October 1, 1999.
Subtitle E--Other Matters
SEC. 651. REIMBURSEMENT OF RECRUITING AND ROTC PERSONNEL FOR PARKING
EXPENSES.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1053 the following new section:
``Sec. 1053a. Reimbursement of recruiting and ROTC personnel: parking
expenses
``(a) Authority.--The Secretary concerned may, under regulations
prescribed by the Secretary of Defense, reimburse eligible Department
of Defense personnel for expenses incurred for parking a privately
owned vehicle at a place of duty.
``(b) Eligibility.--A member of the armed forces or employee of the
Department of Defense is eligible for reimbursement under subsection
(a) while--
``(1) assigned to duty as a recruiter for any of the armed
forces;
``(2) assigned to duty at a military entrance processing
facility of the armed forces; or
``(3) detailed for instructional and administrative duties
at any institution where a unit of the Senior Reserve Officers'
Training Corps is maintained.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1053 the following:
``1053a. Reimbursement of recruiting and ROTC personnel: parking
expenses.''.
SEC. 652. EXTENSION OF DEADLINE FOR FILING CLAIMS ASSOCIATED WITH
CAPTURE AND INTERNMENT OF CERTAIN PERSONS BY NORTH
VIETNAM.
Section 657(d)(1) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2585) is amended by
adding at the end the following: ``The Secretary may extend the time
limitation under the preceding sentence for up to 18 months in the case
of any claim for which the Secretary determines that the extension is
necessary to prevent an injustice or that a failure to file within the
time limitation is due to excusable neglect.''.
SEC. 653. SETTLEMENT OF CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED LEAVE
AND FOR RETIRED PAY.
(a) Claims for Payments for Unused Accrued Leave.--Subsection
(a)(1) of section 3702 of title 31, United States Code, is amended by
inserting ``payments for unused accrued leave,'' after
``transportation,''.
(b) Waiver of Time Limitations.--Subsection (e)(1) of such section
is amended by striking ``claim for pay or allowances under title 37''
and inserting ``claim for pay, allowances, or payment for unused
accrued leave under title 37 or a claim for retired pay under title
10''.
SEC. 654. ELIGIBILITY OF CERTAIN MEMBERS OF THE INDIVIDUAL READY
RESERVE FOR SERVICEMEMBERS' GROUP LIFE INSURANCE.
Section 1965(5) of title 38, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) a person who volunteers for assignment to a
category in the Individual Ready Reserve of a uniformed
service that is subject to an involuntary call to
active duty under section 12304 of title 10; and''.
SEC. 655. AUTHORITY TO PAY GRATUITY TO CERTAIN VETERANS OF BATAAN AND
CORREGIDOR.
(a) Payment of Gratuity Authorized.--The Secretary of Veterans
Affairs may pay a gratuity to a covered veteran, or to the surviving
spouse of a covered veteran, in the amount of $20,000.
(b) Covered Veteran Defined.--For purposes of subsection (a), the
term ``covered veteran'' means any veteran of the Armed Forces who--
(1) served at Bataan or Corregidor in the Philippines
during World War II;
(2) was captured and held as a prisoner of war by Japan as
a result of such service; and
(3) was required by Japan to perform slave labor in Japan
during World War II.
(c) Relationship to Other Payments.--Any amount paid a person under
this section for activity described in subsection (b) is in addition to
any other amount paid such person for such activity under any other
provision of law.
TITLE VII--HEALTH CARE
Subtitle A--Senior Health Care
SEC. 701. EXTENSION OF TRICARE SENIOR SUPPLEMENT DEMONSTRATION PROGRAM.
Section 722(a)(2) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2065; 10 U.S.C. 1073 note) is amended by striking ``December 31, 2002''
and inserting ``December 31, 2005''.
SEC. 702. TRICARE SENIOR PRIME DEMONSTRATION PROGRAM.
(a) Extension of Demonstration Program.--Paragraph (4) of section
1896(b) of the Social Security Act (42 U.S.C. 1395ggg(b)) is amended by
striking ``3-year period beginning on January 1, 1998'' and inserting
``period beginning on January 1, 1998, and ending on December 31,
2005''.
(b) Addition of Major Medical Centers.--Paragraph (1)(A) of such
section 1895(b) is amended by striking ``in a military treatment
facility'' and inserting ``in a Department of Defense medical center
considered by the Secretary to be a major medical center, in any other
military treatment facility,''.
(c) Designation of Additional Sites.--Paragraph (2) of such section
1896(b) is amended to read as follows:
``(2) Designation of sites.--
``(A) In general.--The project established under
this section shall be conducted at sites designated
jointly by the administering Secretaries after review
of all TRICARE regions.
``(B) Specific sites.--The sites for the project
shall include the 6 sites designated in accordance with
subparagraph (A) before the date of the enactment of
the National Defense Authorization Act for Fiscal Year
2001 and the major medical centers designated after
such date in accordance with that subparagraph.''.
SEC. 703. EXTENSION AND EXPANSION OF DEMONSTRATION PROJECT FOR
PARTICIPATION OF UNIFORMED SERVICES PERSONNEL IN THE
FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.
(a) Extension.--(1) Subsection (d) of section 1108 of title 10,
United States Code, is amended--
(A) in paragraph (1), by striking ``three contract years''
and inserting ``six contract years''; and
(B) in paragraph (2), by striking ``December 31, 2002'' in
the second sentence and inserting ``December 31, 2005''.
(2) Subsection (f)(1) of such section is amended to read as
follows:
``(1) Subject to paragraphs (2) and (3), the period of enrollment
of an eligible beneficiary who--
``(A) enrolls in the demonstration project during the open
enrollment period for the year 2000 shall be three years unless
the beneficiary disenrolls before the termination of the
project; or
``(B) enrolls, or extends a previous enrollment under
subsection (d)(2), during the open enrollment period for a year
after 2000 shall be equal to the remaining number of years of
the demonstration project under this section unless the
beneficiary disenrolls before the termination of the
project.''.
(b) Additional Areas of Coverage.--Subsection (c) of such section
is amended--
(1) by striking ``(c) Area of Demonstration Project.--''
and inserting ``(c) Areas for Demonstration Project.--(1)'';
(2) by striking ``, but not more than ten,''; and
(3) by striking the third sentence and inserting the
following:
``(2) In establishing the areas for the demonstration project, the
Secretary and Director shall include an area that includes the
catchment area of one or more military medical treatment facilities, an
area that is not located in the catchment area of a military medical
treatment facility, an area in which there is a Medicare Subvention
Demonstration project area under section 1896 of title XVIII of the
Social Security Act (42 U.S.C. 1395ggg), and one area for each TRICARE
region. Each area selected after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2001 shall be an
area that is not located in the catchment area of a military medical
treatment facility.''.
(c) Implementation.--The Secretary of Defense shall implement the
amendments made by subsection (a) as soon as is practicable, but may
waive the implementation with respect to 2001 if the Secretary
determines that it is impracticable to implement the amendments with
respect to that year.
SEC. 704. IMPLEMENTATION OF REDESIGNED PHARMACY SYSTEM.
(a) Enrollment Fee and Deductibles Required.--Subsection (b) of
section 723 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2068; 10 U.S.C.
1073 note) is amended to read as follows:
``(b) Enrollment Fees, Deductibles, and Other Charges.--(1) The
Secretary may require each eligible individual described in subsection
(e) who participates in the redesigned pharmacy system to pay an
enrollment fee. The Secretary shall ensure that any such enrollment fee
required after December 31, 2000, is lower than the enrollment fee
charged under this subsection on such date.
``(2) The Secretary may also impose one or more cost-sharing
requirements for each individual referred to in paragraph (1) for
benefits under the redesigned pharmacy system as follows:
``(A) An annual deductible requirement for each such
individual.
``(B) Any premiums, copayments, or other charges that the
Secretary would otherwise collect from individuals similar to
such individual.''.
(b) Periodic Payment of Premiums.--Subsection (b) of such section
is further amended by adding at the end the following:
``(2) An individual may elect to pay a premium charged under this
subsection on a monthly or quarterly basis.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2001, and shall apply with respect to
participation in the redesigned pharmacy system under section 723 of
Public Law 105-261 for months beginning on or after that date.
Subtitle B--TRICARE Program
SEC. 711. ADDITIONAL BENEFICIARIES UNDER TRICARE PRIME REMOTE PROGRAM
IN CONUS.
(a) Coverage of Other Uniformed Services.--(1) Section 1074(c) of
title 10, United States Code, is amended--
(A) by striking ``armed forces'' each place it appears,
except in paragraph (3)(A), and inserting ``uniformed
services'';
(B) in paragraph (1), by inserting after ``military
department'' in the first sentence the following: ``, the
Department of Transportation (with respect to the Coast Guard
when it is not operating as a service in the Navy), or the
Department of Health and Human Services (with respect to the
National Oceanic and Atmospheric Administration and the Public
Health Service)'';
(C) in paragraph (2), by adding at the end the following:
``(C) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this
paragraph.''; and
(D) in paragraph (3)(A), by striking ``The Secretary of
Defense may not require a member of the armed forces described
in subparagraph (B)'' and inserting ``A member of the uniformed
services described in subparagraph (B) may not be required''.
(2)(A) Subsections (b), (c), and (d)(3) of section 731 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1811; 10 U.S.C. 1074 note) are amended by striking
``Armed Forces'' and inserting ``uniformed services''.
(B) Subsection (b) of such section is further amended by adding at
the end the following:
``(4) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this subsection.''.
(C) Subsection (f) of such section is amended by adding at the end
the following:
``(3) The terms `uniformed services' and `administering
Secretaries' have the meanings given those terms in section
1072 of title 10, United States Code.''.
(3) Section 706(b) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 684) is amended by
striking ``Armed Forces'' and inserting ``uniformed services (as
defined in section 1072(1) of title 10, United States Code)''.
(b) Coverage of Immediate Family.--(1) Section 1079 of title 10,
United States Code, is amended by adding at the end the following:
``(p)(1) Subject to such exceptions as the Secretary of Defense
considers necessary, coverage for medical care under this section for
the dependents referred to in subsection (a) of a member of the
uniformed services referred to in section 1074(c)(3) of this title who
are residing with the member, and standards with respect to timely
access to such care, shall be comparable to coverage for medical care
and standards for timely access to such care under the managed care
option of the TRICARE program known as TRICARE Prime.
``(2) The Secretary of Defense shall enter into arrangements with
contractors under the TRICARE program or with other appropriate
contractors for the timely and efficient processing of claims under
this subsection.
``(3) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this subsection.''.
(2) Section 731(b) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1811; 10 U.S.C. 1074
note) is amended--
(A) in paragraph (1), by adding at the end the following:
``A dependent of the member, as described in subparagraph (A),
(D), or (I) of section 1072(2) of title 10, United States Code,
who is residing with the member shall have the same entitlement
to care and to waiver of charges as the member.''; and
(B) in paragraph (2), by inserting ``or dependent of the
member, as the case may be,'' after ``(2) A member''.
(c) Effective Date.--(1) The amendments made by subsection (a)(2),
with respect to members of the uniformed services, and the amendments
made by subsection (b)(2), with respect to dependents of members, shall
take effect on the date of the enactment of this Act and shall expire
with respect to a member or the dependents of a member, respectively,
on the later of the following:
(A) The date that is one year after the date of the
enactment of this Act.
(B) The date on which the amendments subsection (a)(1) or
(b)(1) apply with respect to the coverage of medical care for
and provision of such care to the member or dependents,
respectively.
(2) Section 731(b)(3) of Public Law 105-85 does not apply to a
member of the Coast Guard, the National Oceanic and Atmospheric
Administration, or the Commissioned Corps of the Public Health Service,
or to a dependent of a member of a uniformed service.
SEC. 712. ELIMINATION OF COPAYMENTS FOR IMMEDIATE FAMILY.
(a) No Copayment for Immediate Family.--Section 1097a of title 10,
United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) No Copayment for Immediate Family.--No copayment shall be
charged a member for care provided under TRICARE Prime to a dependent
of a member of the uniformed services described in subparagraph (A),
(D), or (I) of section 1072 of this title.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2000, and shall apply with respect to care
provided on or after that date.
SEC. 713. IMPROVEMENT IN BUSINESS PRACTICES IN THE ADMINISTRATION OF
THE TRICARE PROGRAM.
(a) Requirement.--Not later than October 1, 2001, the Secretary of
Defense shall take actions that the Secretary considers appropriate to
improve the business practices used in administering the access of
eligible persons to health care services through the TRICARE program
under chapter 55 of title 10, United States Code, including the
practices relating to the following:
(1) The availability and scheduling of appointments.
(2) The filing, processing, and payment of claims.
(3) Public relations efforts that are focused on outreach
to eligible persons.
(4) The continuation of enrollments without expiration.
(5) The portability of enrollments nationwide.
(b) Consultation.--The Secretary of Defense shall consult with the
other administering Secretaries in the development of the actions to be
taken under subsection (a).
(c) Report.--Not later than March 15, 2001, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the actions to be taken under
subsection (a).
(d) Definitions.--In this section the terms ``administering
Secretaries'' and ``TRICARE program'' shall have the meanings given
such terms in section 1072 of title 10, United States Code.
Subtitle C--Joint Initiatives With Department of Veterans Affairs
SEC. 721. TRACKING PATIENT SAFETY IN MILITARY AND VETERANS HEALTH CARE
SYSTEMS.
(a) Centralized Tracking Process.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly prescribe a centralized
process for the reporting, compiling, and analysis of errors in the
provision of health care under the Defense Health Program and the
Department of Veterans Affairs health care system that endanger
patients beyond the normal risks associated with the care and treatment
of the patients.
(b) Safety Indicators, Et Cetera.--The process shall include such
indicators, standards, and protocols as the Secretary of Defense and
the Secretary of Veterans Affairs consider necessary for the
establishment and administration of an effective process.
SEC. 722. PHARMACEUTICAL IDENTIFICATION TECHNOLOGY.
(a) Bar Code Identification Technology.--The Secretary of Defense
and the Secretary of Veterans Affairs shall jointly develop a system
for the use of bar codes for the identification of pharmaceuticals.
(b) Use in Mail Order Pharmaceuticals Program.--The Secretary of
Defense, in consultation with the Secretary of Veterans Affairs, shall
experiment with the use of bar code identification of pharmaceuticals
in the administration of the mail order pharmaceuticals program carried
out under section 1110(a) of title 10, United States Code (as added by
section 731).
SEC. 723. MEDICAL INFORMATICS.
(a) Addition Matters for Annual Report on Medical Informatics
Advisory Committee.--Section 723(d)(5) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
697; 10 U.S.C. 1071 note) is amended to read as follows:
``(5) The Secretary of Defense shall submit to Congress an annual
report on medical informatics. The report shall include a discussion of
the following matters:
``(A) The activities of the Committee.
``(B) The coordination of development, deployment, and
maintenance of health care informatics systems within the
Federal Government, and between the Federal Government and the
private sector.
``(C) The progress or growth occurring in medical
informatics.
``(D) How the TRICARE program and the Department of
Veterans Affairs health care system can use the advancement of
knowledge in medical informatics to raise the standards of
health care and treatment and the expectations for improving
health care and treatment.''.
(b) Fiscal Year 2001 Funding for Pharmaceuticals-Related Medical
Informatics.--Of the amount authorized to be appropriated under section
301(22)--
(1) $64,000,000 is available for the commencement of the
implementation of a new computerized medical record, including
an automated entry order system for pharmaceuticals, that makes
all relevant clinical information on a patient under the
Defense Health Program available when and where it is needed;
and
(2) $9,000,000 is available for the implementation of an
integrated pharmacy system under the Defense Health Program
that creates a single profile for all of the prescription
medications a patient takes, regardless of whether the
prescriptions for those medications were filled at military or
private pharmacies serving Department of Defense beneficiaries
worldwide.
Subtitle D--Other Matters
SEC. 731. PERMANENT AUTHORITY FOR CERTAIN PHARMACEUTICAL BENEFITS.
(a) Authority.--(1) Chapter 55 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 1110. Pharmaceutical benefits
``(a) Pharmaceuticals by Mail.--The Secretary of Defense shall
carry out a program to provide eligible persons with prescription
pharmaceuticals by mail.
``(b) Retail Pharmacy Network.--To the maximum extent practicable,
the Secretary of Defense shall include in each managed health care
program under this chapter, a program to supply prescription
pharmaceuticals to eligible persons through a managed care network of
community retail pharmacies in the area covered by the managed health
care program.
``(c) Eligible Persons.--A person is eligible to obtain
pharmaceuticals under the program of pharmaceuticals by mail under
subsection (a) or through a retail pharmacy network included in a
managed health care program under subsection (b) as follows:
``(1) A person who is eligible for medical care under a
contract for medical care entered into by the Secretary of
Defense under section 1079 or 1086 of this title.
``(2) A person who would be eligible for medical care under
a contract for medical care entered into under section 1086 of
this title except for the operation of subsection (d)(1) of
such section.
``(d) Pharmaceuticals Offered.--The Secretary of Defense shall
determine the pharmaceuticals that may be obtained by eligible persons
under subsection (a) or (b).
``(e) Fees.--The Secretary of Defense shall prescribe an
appropriate fee, charge, or copayment to be paid by persons for
pharmaceuticals obtained under subsection (a) or (b).
``(f) Consultation Requirement.--The Secretary of Defense shall
consult with the other administering Secretaries in the administration
of this section.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``1110. Pharmaceutical benefits.''.
(b) Repeal of Superseded Authority.--Section 702 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2431; 10 U.S.C. 1079 note) is repealed.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on January 1, 2001.
SEC. 732. PROVISION OF DOMICILIARY AND CUSTODIAL CARE FOR CHAMPUS
BENEFICIARIES.
(a) Continuation of Care for Certain CHAMPUS Beneficiaries.--
Section 703(a)(1) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 682; 10 U.S.C. 1077 note) is
amended by inserting before the period at the end the following: ``or
by the prohibition in section 1086(d)(1) of such title''.
(b) Cost Limitation for Individual Case Management Program.--(1)
Section 1079(a)(17) of title 10, United States Code, is amended--
(A) by inserting ``(A)'' after ``(17)''; and
(B) by adding at the end the following:
``(B) The total amount expended under subparagraph (A) for
a fiscal year may not exceed $100,000,000.''.
(2) Section 703 of the National Defense Authorization Act for
Fiscal Year 2000 is amended by adding at the end the following:
``(e) Cost Limitation.--The total amount paid for services for
eligible beneficiaries under subsection (a) for a fiscal year (together
with the costs of administering the authority under that subsection)
shall be included in the expenditures limited by section 1079(a)(17)(B)
of title 10, United States Code.''.
(c) Applicability of Cost Limitation.--The amendments made by
subsection (b) shall apply to fiscal years after fiscal year 1999.
SEC. 733. MEDICAL AND DENTAL CARE FOR MEDAL OF HONOR RECIPIENTS AND
THEIR DEPENDENTS.
(a) Medal Recipients.--Section 1074 of title 10, United States
Code, is amended by adding at the end the following:
``(d)(1) A medal of honor recipient is entitled to medical and
dental care under this chapter to the same extent as a person referred
to in subsection (b).
``(2) In this subsection, the term `medal of honor recipient' means
a person awarded a medal of honor under section 3741, 6241, or 8741 of
this title, or section 491 of title 14.''.
(b) Dependents.--Section 1076 of such title is amended by adding at
the end the following:
``(f)(1) The immediate dependents of a medal of honor recipient are
entitled to medical and dental care under this chapter to the same
extent as a person referred to in subsection (b).
``(2) In this subsection:
``(A) The term `medal of honor recipient' has the meaning
given the term in section 1074(d)(2) of this title.
``(B) The term `immediate dependent' means a dependent
described in subparagraphs (A), (B), (C), and (D) of section
1072(2) of this title.''.
SEC. 734. SCHOOL-REQUIRED PHYSICAL EXAMINATIONS FOR CERTAIN MINOR
DEPENDENTS.
Section 1076 of title 10, United States Code, as amended by section
733(b), is further amended by adding at the end the following:
``(g)(1) The administering Secretaries shall furnish an eligible
dependent a physical examination that is required by a school in
connection with the enrollment of the dependent as a student in that
school.
``(2) A dependent is eligible for a physical examination under
paragraph (1) if the dependent--
``(A) is entitled to receive medical care under subsection
(a) or is authorized to receive medical care under subsection
(b); and
``(B) is at least 5 years of age and less than 12 years of
age.
``(3) Nothing in paragraph (2) may be construed to prohibit the
furnishing of a school-required physical examination to any dependent
who, except for not satisfying the age requirement under that
paragraph, would otherwise be eligible for a physical examination
required to be furnished under this subsection.''.
SEC. 735. TWO-YEAR EXTENSION OF DENTAL AND MEDICAL BENEFITS FOR
SURVIVING DEPENDENTS OF CERTAIN DECEASED MEMBERS.
(a) Dental Benefits.--Section 1076a(k)(2) of title 10, United
States Code, is amended by striking ``one-year period'' and inserting
``three-year period''.
(b) Medical Benefits.--Section 1079(g) of title 10, United States
Code, is amended by striking ``one-year period'' in the second sentence
and inserting ``three-year period''.
SEC. 736. EXTENSION OF AUTHORITY FOR CONTRACTS FOR MEDICAL SERVICES AT
LOCATIONS OUTSIDE MEDICAL TREATMENT FACILITIES.
Section 1091(a)(2) of title 10, United States Code, is amended by
striking ``December 31, 2000'' and inserting ``September 30, 2002''.
SEC. 737. TRANSITION OF CHIROPRACTIC HEALTH CARE DEMONSTRATION PROGRAM
TO PERMANENT STATUS.
(a) TRICARE Prime Benefits.--The Secretary of Defense shall
complete the development and implementation of a program to provide
chiropractic health care services and benefits for all TRICARE Prime
enrollees as a permanent part of the military health care system for
the enrollees in that plan, as follows:
(1) At the military medical treatment facilities designated
pursuant to section 731(a)(2)(A) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10
U.S.C. 1092 note), not later than 180 days after the date of
the enactment of this Act.
(2) At the other military medical treatment facilities
considered by the Secretary of Defense to be major military
medical treatment facilities, not later than October 1, 2001.
(b) Primary Care Management.--The Secretary shall ensure that the
primary care manager model, which requires referral by a primary care
manager, is used for providing the chiropractic health care services
and benefits under the program referred to in subsection (a).
(c) Continuation of Existing Chiropractic Benefits.--Section
731(a)(4) of the National Defense Authorization Act for Fiscal Year
1995 is amended--
(1) by striking ``During fiscal year 2000, the'' and
inserting ``The''; and
(2) by adding at the end the following: ``The requirement
under the preceding sentence shall cease to apply with respect
to a military medical treatment facility on the date on which
the Secretary of Defense completes the implementation of a
program to provide chiropractic health care services and
benefits at that facility for all TRICARE Prime enrollees as a
permanent part of the military health care system for the
enrollees in that plan.''.
SEC. 738. USE OF INFORMATION TECHNOLOGY FOR ENHANCEMENT OF DELIVERY OF
ADMINISTRATIVE SERVICES UNDER THE DEFENSE HEALTH PROGRAM.
(a) Requirement.--The Secretary of Defense shall take the actions
that the Secretary determines necessary to use, in at least one TRICARE
program region, commercially available information technology systems
and products to simplify the critical administrative processes of the
defense health program (including TRICARE), to enhance the efficiency
of the performance of administrative services under the program, to
match commercially recognized standards of performance of the services,
and otherwise to improve the performance of the services.
(b) Implementation.--In carrying out subsection (a), the Secretary
shall ensure that--
(1) the use of Internet technology is incorporated into the
processes referred to in that subsection; and
(2) conversions to new or different computer technologies
incorporate data requirements that are widely used in the
marketplace (including those used by medicare or commercial
insurers) for the performance of administrative services.
(c) Administrative Services Defined.--In this section, the term
``administrative services'' includes the performance of the following
functions:
(1) Marketing.
(2) Enrollment.
(3) Program education of beneficiaries.
(4) Program education of health care providers.
(5) Scheduling of appointments.
(6) Processing of claims.
SEC. 739. PATIENT CARE REPORTING AND MANAGEMENT SYSTEM.
(a) Establishment.--The Secretary of Defense shall establish a
patient care error reporting and management system.
(b) Purposes of System.--The purposes of the system are as follows:
(1) To study the occurrences of errors in the patient care
provided under chapter 55 of title 10, United States Code.
(2) To identify the systemic factors that are associated
with such occurrences.
(3) To provide for action to be taken to correct the
identified systemic factors.
(c) Requirements for System.--The patient care error reporting and
management system shall include the following:
(1) A hospital-level patient safety center, within the
quality assurance department of each health care organization
of the Department of Defense, to collect, assess, and report on
the nature and frequency of errors related to patient care.
(2) For each health care organization of the Department of
Defense and for the entire Defense health program, the patient
safety baselines that are necessary for the development of a
full understanding of patient safety issues in each such
organization and the entire program, including the nature and
types of errors and the systemic causes of the errors.
(3) A Department of Defense Patient Safety Center within
the Armed Forces Institute of Pathology to have the following
missions:
(A) To analyze information on patient care errors
that is submitted to the Center by each military health
care organization.
(B) To develop action plans for addressing patterns
of patient care errors.
(C) To execute those action plans to mitigate and
control errors in patient care with a goal of ensuring
that the health care organizations of the Department of
Defense provide highly reliable patient care with
virtually no error.
(D) To provide, through the Assistant Secretary of
Defense for Health Affairs, to the Agency for
Healthcare Research and Quality of the Department of
Health and Human Services any reports that the
Assistant Secretary determines appropriate.
(E) To review and integrate processes for reducing
errors associated with patient care and for enhancing
patient safety.
(F) To contract with a qualified and objective
external organization to manage the national patient
safety database of the Department of Defense.
(d) MedTeams Program.--The Secretary shall expand the health care
team coordination program to integrate that program into all Department
of Defense health care operations. In carrying out this subsection, the
Secretary shall take the following actions:
(1) Establish not less than two Centers of Excellence for
the development, validation, proliferation, and sustainment of
the health care team coordination program, one of which shall
support all fixed military health care organizations, the other
of which shall support all combat casualty care organizations.
(2) Deploy the program to all fixed and combat casualty
care organizations of each of the Armed Forces, at the rate of
not less than 10 organizations in each fiscal year.
(3) Expand the scope of the health care team coordination
program from a focus on emergency department care to a coverage
that includes care in all major medical specialties, at the
rate of not less than one specialty in each fiscal year.
(4) Continue research and development investments to
improve communication, coordination, and team work in the
provision of health care.
(e) Consultation.--The Secretary shall consult with the other
administering Secretaries (as defined in section 1072(3) of title 10,
United States Code) in carrying out this section.
SEC. 740. HEALTH CARE MANAGEMENT DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary of Defense shall carry out a
demonstration program on health care management to explore
opportunities for improving the planning and management of the
Department of Defense health care system.
(b) Test Models.--Under the demonstration program, the Secretary
shall test the use of the following planning and management models:
(1) A health care simulation model for studying alternative
delivery policies, processes, organizations, and technologies.
(2) A health care simulation model for studying long term
disease management.
(c) Demonstration Sites.--The Secretary shall test each model
separately at one or more sites.
(d) Period for Program.--The demonstration program shall begin not
later than 180 days after the date of the enactment of this Act and
shall terminate on December 31, 2001.
(e) Reports.--The Secretary of Defense shall submit a report on the
demonstration program to the Committees on Armed Services of the Senate
and the House of Representatives not later than March 15, 2002. The
report shall include the Secretary's assessment of the value of
incorporating the use of the tested planning and management models
throughout the Department of Defense health care system.
(f) Funding.--Of the amount authorized to be appropriated under
section 301(22), $6,000,000 shall be available for the demonstration
program under this section.
SEC. 741. STUDIES OF ACCRUAL FINANCING FOR HEALTH CARE FOR MILITARY
RETIREES.
(a) Studies Required.--The Secretary of Defense shall carry out two
studies to assess the feasibility and desirability of financing the
military health care program for retirees of the uniformed services on
an accrual basis.
(b) Sources of Studies.--The Secretary shall provide for--
(1) one of the studies under subsection (a) to be conducted
by one or more Department of Defense organizations designated
by the Secretary; and
(2) the other study to be conducted by an organization that
is independent of the Department of Defense and has expertise
in financial programs and health care.
(c) Reports.--(1) The Secretary shall provide for the submission of
a final report on each study to the Secretary within such time as the
Secretary determines necessary to satisfy the requirement in paragraph
(2).
(2) The Secretary shall transmit the final reports on the studies
to Congress not later than February 8, 2001. The Secretary may include
in the transmittal any comments on the reports or on the matters
studied that the Secretary considers appropriate.
SEC. 742. AUGMENTATION OF ARMY MEDICAL DEPARTMENT BY RESERVE OFFICERS
OF THE PUBLIC HEALTH SERVICE.
(a) Authority.--The Secretary of the Army and the Secretary of
Health and Human Services may jointly conduct a program to augment the
Army Medical Department by exercising any authorities provided to those
officials in law for the detailing of reserve commissioned officers of
the Public Health Service not in an active status to the Army Medical
Department for that purpose.
(b) Agreement.--The Secretary of the Army and the Secretary of
Health and Human Services shall enter into an agreement governing any
program conducted under subsection (a).
(c) Assessment.--(1) The Secretary of the Army shall review the
laws providing the authorities described in subsection (a) and assess
the adequacy of those laws for authorizing--
(A) the Secretary of Health and Human Services to detail
reserve commissioned officers of the Public Health Service not
in an active status to the Army Medical Department to augment
that department; and
(B) the Secretary of the Army to accept the detail of such
officers for that purpose.
(2) The Secretary shall complete the review and assessment under
paragraph (1) not later than 90 days after the date of the enactment of
this Act.
(d) Report to Congress.--Not later than March 1, 2001, the
Secretary of the Army shall submit a report on the results of the
review and assessment under subsection (c) to the Committees on Armed
Services of the Senate and the House of Representatives. The report
shall include the following:
(1) The findings resulting from the review and assessment.
(2) Any proposal for legislation that the Secretary
recommends to strengthen the authority of the Secretary of
Health and Human Services and the authority of the Secretary of
the Army to take the actions described in subparagraphs (A) and
(B), respectively, of subsection (c)(1).
(e) Consultation Requirement.--The Secretary of the Army shall
consult with the Secretary of Health and Human Services in carrying out
the review and assessment under subsection (c) and in preparing the
report (including making recommendations) under subsection (d).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
SEC. 801. IMPROVEMENTS IN PROCUREMENTS OF SERVICES.
(a) Preference for Performance-Based Service Contracting.--The
Secretary of Defense shall ensure that, not later than 180 days after
the date of the enactment of this Act, the Department of Defense
Supplement to the Federal Acquisition Regulation is revised to
establish a preference for use of contracts and task orders for the
purchase of services in the following order of precedence:
(1) A performance-based contract or performance-based task
order that contains firm fixed prices for the specific tasks to
be performed.
(2) Any other performance-based contract or performance-
based task order.
(3) Any contract or task order that is not a performance-
based contract or a performance-based task order.
(b) Incentive for Use of Performance-Based Service Contracts.--(1)
A Department of Defense performance-based contract or performance-based
task order may be treated as a contract for the procurement of
commercial items if--
(A) the contract or task order is valued at $5,000,000 or
less;
(B) the contract or task order sets forth specifically each
task to be performed and, for each task--
(i) defines the task in measurable, mission-related
terms;
(ii) identifies the specific end products or output
to be achieved; and
(iii) contains a firm fixed price; and
(C) the source of the services provides similar services
contemporaneously to the general public under terms and
conditions similar to those offered to the Federal Government.
(2) The special simplified procedures provided in the Federal
Acquisition Regulation pursuant to section 2304(g)(1)(B) of title 10,
United States Code, shall not apply to a performance-based contract or
performance-based task order that is treated as a contract for the
procurement of commercial items under paragraph (1).
(3) Not later than 2 years after the date of the enactment of this
Act, the Comptroller General shall submit a report on the
implementation of this subsection to the congressional defense
committees.
(4) The authority under this subsection shall not apply to
contracts entered into or task orders issued more than 3 years after
the date of the enactment of this Act.
(c) Centers of Excellence in Service Contracting.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
each military department shall establish at least one center of
excellence in contracting for services. Each center of excellence shall
assist the acquisition community by identifying, and serving as a
clearinghouse for, best practices in contracting for services in the
public and private sectors.
(d) Enhanced Training in Service Contracting.--(1) The Secretary of
Defense shall ensure that classes focusing specifically on contracting
for services are offered by the Defense Acquisition University and the
Defense Systems Management College and are otherwise available to
contracting personnel throughout the Department of Defense.
(2) The Secretary of each military department and the head of each
Defense Agency shall ensure that the personnel of the department or
agency, as the case may be, who are responsible for the awarding and
management of contracts for services receive appropriate training that
is focused specifically on contracting for services.
(e) Definitions.--In this section:
(1) The term ``performance-based'', with respect to a
contract, a task order, or contracting, means that the
contract, task order, or contracting, respectively, includes
the use of performance work statements that set forth contract
requirements in clear, specific, and objective terms with
measurable outcomes.
(2) The term ``commercial item'' has the meaning given the
term in section 4(12) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)).
(3) The term ``Defense Agency'' has the meaning given the
term in section 101(a)(11) of title 10, United States Code.
SEC. 802. ADDITION OF THRESHOLD VALUE REQUIREMENT FOR APPLICABILITY OF
A REPORTING REQUIREMENT RELATING TO MULTIYEAR CONTRACT.
Section 2036b(l)(4) of title 10, United States Code, is amended by
striking ``until the Secretary of Defense submits to the congressional
defense committees a report with respect to that contract (or contract
extension)'' in the matter preceding subparagraph (A) and inserting
``the value of which would exceed $500,000,000 (when entered into or
when extended, as the case may be) until the Secretary of Defense has
submitted to the congressional defense committees a report''.
SEC. 803. PLANNING FOR THE ACQUISITION OF INFORMATION SYSTEMS.
(a) Responsibility of Chief Information Officers.--Section 2223 of
title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following:
``(5) maintain a consolidated inventory of Department of
Defense mission critical and mission essential information
systems, identify interfaces between these systems and other
information systems, and develop and maintain contingency plans
for responding to a disruption in the operation of any of these
information systems.''; and
(2) in subsection (b)--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following:
``(5) maintain an inventory of the mission critical and
mission essential information systems of the military
department, identify interfaces between these systems and other
information systems, and develop and maintain contingency plans
for responding to a disruption in the operation of any of these
information systems.''.
(b) Revised Regulations Required.--Not later than 60 days after the
date of enactment of this Act, Department of Defense Directive 5000.1
shall be revised to establish minimum planning requirements for the
acquisition of information technology systems.
(c) Mission Critical and Mission Essential Information Technology
Systems.--The revised directive required by subsection (b) shall--
(1) include definitions of the terms ``mission critical
information system'' and ``mission essential information
system''; and
(2) prohibit the award of any contract for the acquisition
of a mission critical or mission essential information
technology system until--
(A) the system has been registered with the Chief
Information Officer of the Department of Defense;
(B) the Chief Information Officer has received all
information on the system that is required under the
directive to be provided to that official; and
(C) the Chief Information Officer has determined
that an appropriate information assurance strategy is
in place for the system.
(d) Major Automated Information Systems.--The revised directive
required by subsection (b) shall prohibit Milestone I approval,
Milestone II approval, or Milestone III approval of a major automated
information system within the Department of Defense until the Chief
Information Officer has determined that--
(1) the system is being developed in accordance with the
requirements of division E of the Clinger-Cohen Act of 1996 (40
U.S.C. 1401 et seq.);
(2) appropriate actions have been taken with respect to the
system in the areas of business process reengineering, analysis
of alternatives, economic analysis, and performance measures;
and
(3) the system has been registered as described in
subsection (c)(2).
(e) Reports.--(1) The Secretary of Defense shall submit to the
congressional defense committees, not later than February 1 of each of
fiscal years 2001, 2002, and 2003, a report on the implementation of
the requirements of this section during the preceding fiscal year.
(2) The report for a fiscal year under paragraph (1) shall include,
at a minimum, for each major automated information system that was
approved during such preceding fiscal year under Department of Defense
Directive 5000.1 (as revised pursuant to subsection (d)), the
following:
(A) The funding baseline.
(B) The milestone schedule.
(C) The actions that have been taken to ensure compliance
with the requirements of this section and the directive.
(3) The report for fiscal year 2000 shall include, in addition to
the information required by paragraph (2), an explanation of the manner
in which the responsible officials within the Department of Defense
have addressed, or intend to address, the following acquisition issues
for each major automated information system to be acquired after that
fiscal year:
(A) Requirements definition.
(B) Presentation of a business case analysis, including an
analysis of alternatives and a calculation of return on
investment.
(C) Performance measurement.
(D) Test and evaluation.
(E) Interoperability.
(F) Cost, schedule, and performance baselines.
(G) Information assurance.
(H) Incremental fielding and implementation.
(I) Risk mitigation.
(J) The role of integrated product teams.
(K) Issues arising from implementation of the Command,
Control, Communications, Computers, Intelligence, Surveillance,
and Reconnaissance Plan required by Department of Defense
Directive 5000.1 and Chairman of the Joint Chiefs of Staff
Instruction 3170.01.
(L) Oversight, including the Chief Information Officer's
oversight of decision reviews.
(f) Definitions.--In this section:
(1) The term ``Chief Information Officer'' means the senior
official of the Department of Defense designated by the
Secretary of Defense pursuant to section 3506 of title 44,
United States Code.
(2) The term ``information technology system'' has the
meaning given the term ``information technology'' in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
(3) The term ``major automated information system'' has the
meaning given that term in Department of Defense Directive
5000.1.
SEC. 804. TRACKING OF INFORMATION TECHNOLOGY PURCHASES.
(a) Requirement for Tracking System.--(1) Chapter 131 of title 10,
United States Code, is amended by adding at the end the following:
``Sec. 2225. Information technology purchases: automated tracking and
management systems
``(a) Requirement for Systems.--(1) The Secretary of each military
department shall administer an automated system for tracking and
managing purchases of information technology products and services by
the department.
``(2) The Secretary of Defense shall administer an automated system
for tracking and managing purchases of information technology products
and services by the Defense Agencies.
``(b) Purchase to Which Applicable.--Each system under subsection
(a) shall, at a minimum, provide for collection of data on all
purchases of information technology products and services in excess of
the simplified acquisition threshold, regardless of whether such
purchases are made in the form of a contract, grant, cooperative
agreement, other transaction, task order, delivery order, or military
interdepartmental purchase request, or in any other form.
``(c) Data To Be Included.--The information collected under each
such system shall include, for each purchase, the following:
``(1) The products or services purchased.
``(2) The categorization of the products or services as
commercial off-the-shelf products, other commercial items,
nondevelopmental items other than commercial items, other
noncommercial items, or services.
``(3) The total dollar amount of the purchase.
``(4) The contract form used to make the purchase.
``(5) In the case of a purchase made through another
agency--
``(A) the agency through which the purchase is
made; and
``(B) the reasons for making the purchase through
that agency.
``(6) The type of pricing used to make the purchase
(whether by fixed price or by another specified type of
pricing).
``(7) The extent of competition provided for in making the
purchase.
``(8) A statement regarding whether the purchase was made
from--
``(A) a small business concern;
``(B) a small business concern owned and controlled
by socially and economically disadvantaged individuals;
or
``(C) a small business concern owned and controlled
by women.
``(9) A statement regarding whether the purchase was made
in compliance with the planning requirements provided under
sections 5112, 5113, 5122, and 5123 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1412, 1413, 1242, 1423).
``(10) In the case of frequently-purchased commercial off-
the-shelf items, data that informs managers of the unit prices
paid for the items and enables the managers to ensure that such
prices are fair and reasonable.
``(d) Limitation on Purchases.--No purchase of information
technology products or services in excess of the simplified acquisition
threshold shall be made for the Department of Defense through a Federal
Government agency that is outside the Department of Defense unless--
``(1) data on the purchase is included in a tracking system
that meets the requirements of subsections (a), (b), and (c);
or
``(2) the purchase--
``(A) in the case of a purchase by a Defense
Agency, is approved by the Under Secretary of Defense
for Acquisition, Technology, and Logistics; or
``(B) in the case of a purchase by a military
department, is approved by the senior procurement
executive of the military department.
``(e) Annual Report.--Not later than February 15 of each fiscal
year, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
purchases of information technology products and services that were
made by the military departments and Defense Agencies during the
preceding fiscal year. The report shall set forth an aggregation of the
information collected in accordance with subsection (c).
``(f) Definitions.--In this section:
``(1) The term `senior procurement executive', with respect
to a military department, means the official designated as the
senior procurement executive for the military department for
the purposes of section 16(3) of the Office of Federal
Procurement Policy Act (41 U.S.C. 414(3)).
``(2) The term `simplified acquisition threshold' has the
meaning given the term in section 4(11) of the Office of
Federal Procurement Policy Act (31 U.S.C. 403(11).
``(3) The term `small business concern' means a business
concern that meets the applicable size standards prescribed
pursuant to section 3(a) of the Small Business Act (15 U.S.C.
632(a)).
``(4) The term `small business concern owned and controlled
by socially and economically disadvantaged individuals' has the
meaning given that term in section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)).
``(5) The term `small business concern owned and controlled
by women' has the meaning given that term in section 8(d)(3)(D)
of the Small Business Act (15 U.S.C. 637(d)(3)(D)).''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``2225. Information technology purchases: automated tracking and
management systems.''.
(b) Time for Implementation.--(1) Each official required under
section 2225 of title 10, United States Code (as added by subsection
(a)), to administer an automated system for tracking and managing
purchases of information technology products and services shall develop
and commence the use of the system not later than one year after the
date of the enactment of this Act.
(2) Subsection (d) of section 2225 of title 10, United States Code
(as so added), shall apply to purchases described in that subsection
for which solicitations of offers are issued more than one year after
the date of the enactment of this Act.
(c) GAO Report.--Not later than 15 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report on the systems developed
pursuant to section 2225 of title 10, United States Code (as added by
subsection (a)). The report shall include the Comptroller General's
assessment of the extent to which the systems meet the requirements of
that section.
SEC. 805. REPEAL OF REQUIREMENT FOR CONTRACTOR ASSURANCES REGARDING THE
COMPLETENESS, ACCURACY, AND CONTRACTUAL SUFFICIENCY OF
TECHNICAL DATA PROVIDED BY THE CONTRACTOR.
Section 2320(b) of title 10, United States Code, is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8) and (9) as paragraphs
(7) and (8), respectively.
SEC. 806. EXTENSION OF AUTHORITY FOR DEPARTMENT OF DEFENSE ACQUISITION
PILOT PROGRAMS.
Section 5064(d)(2) of the Federal Acquisition Streamlining Act of
1994 (Public Law 103-355; 108 Stat. 3361; 10 U.S.C. 2430 note) is
amended by striking ``45 days after the date of the enactment of this
Act and ends on September 30, 1998'' and inserting ``on October 13,
1994, and ends on October 1, 2007''.
SEC. 807. CLARIFICATION AND EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
(a) Amendments to Authority.--Section 845 of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended
by--
(1) redesignating subsection (d) as subsection (g); and
(2) inserting after subsection (c) the following:
``(d) Appropriate Use of Authority.--(1) The Secretary of Defense
shall ensure that no official of an agency enters into an agreement for
a prototype project under the authority of this section unless--
``(A) at least 20 percent of the total cost of the
prototype project is to be paid out of funds provided by
parties to the agreement other than the Federal Government (not
including funds provided by such parties in the form of
independent research and development costs and other costs that
are reimbursed as indirect costs under Federal Government
contracts);
``(B) at least 40 percent of the total cost of the
prototype project is to be paid out of funds provided by
parties to the agreement other than the Federal Government
(including funds provided by such parties in the form of
independent research and development costs and other costs that
are reimbursed as indirect costs under Federal Government
contracts);
``(C) there is at least one nontraditional defense
contractor participating to a significant extent in the
prototype project; or
``(D) the senior procurement executive for the agency (as
designated for the purposes of section 16(3) of the Office of
Federal Procurement Policy Act (41 U.S.C. 414(3))) determines
in writing that extraordinary circumstances justify the use of
the authority of section 2371 of title 10, United States Code,
in accordance with the requirements of this section, to enter
into the particular agreement.
``(2)(A) Except as provided in subparagraph (B), the amounts
counted for the purposes of this subsection as being provided or to be
provided by a party other than the Federal Government under an
agreement for a prototype project that is entered into under this
section do not include costs that were incurred before the date on
which the agreement becomes effective.
``(B) Costs that were incurred for a prototype project by a party
after the beginning of negotiations resulting in an agreement for the
project under this section may be counted for the purposes of this
subsection as being provided or to be provided by the party under the
agreement if and to the extent that the contracting officer or another
official responsible for entering into the agreement determines in
writing that--
``(i) the party incurred the costs in anticipation of
entering into the agreement; and
``(ii) it was appropriate for the party to incur the costs
before the agreement became effective in order to ensure the
successful implementation of the agreement.
``(e) Pilot Program for Transition to Follow-on Contracts.--(1) The
Secretary of Defense is authorized to carry out a pilot program for
follow-on contracting for the production of items or processes that are
developed by nontraditional defense contractors under prototype
projects carried out under this section.
``(2) Under the pilot program--
``(A) a qualifying contract for the procurement of such an
item or process, or a qualifying subcontract under a contract
for the procurement of such an item or process, may be treated
as a contract or subcontract, respectively, for the procurement
of commercial items, as defined in section 4(12) of the Office
of Federal Procurement Policy Act (41 U.S.C. 403(12)); and
``(B) the item or process may be treated as an item or
process, respectively, that is developed in part with Federal
funds and in part at private expense for the purposes of
section 2320 of title 10, United States Code.
``(3) For the purposes of the pilot program, a qualifying contract
or subcontract is a contract or subcontract, respectively, with a
nontraditional defense contractor that--
``(A) does not exceed $20,000,000; and
``(B) is either--
``(i) a firm, fixed-price contract or subcontract;
or
``(ii) a fixed-price contract or subcontract with
economic price adjustment.
``(4) The authority to conduct a pilot program under this
subsection shall terminate on September 30, 2004. The termination of
the authority shall not affect the validity of contracts or
subcontracts that are awarded or modified during the period of the
pilot program, without regard to whether the contracts or subcontracts
are performed during the period.
``(f) Nontraditional Defense Contractor Defined.--In this section,
the term `nontraditional defense contractor' means an entity that has
not, for a period of at least three years, entered into--
``(1) any contract that is subject to the cost accounting
standards prescribed pursuant to section 26 of the Office of
Federal Procurement Policy Act (41 U.S.C. 422); or
``(2) any other contract or agreement to carry out
prototype projects or to perform basic, applied, or advanced
research projects for a Federal Government agency, other than
an agreement entered into under the authority of this section
or section 2371 of title 10, United States Code.''.
(b) Extension of Authority.--Subsection (g) of such section, as
redesignated by subsection (a)(1), is amended by striking ``September
30, 2001'' and inserting ``September 30, 2004''.
(c) Moratorium.--Beginning on the date that is 120 days after the
date of the enactment of this Act, no transaction may be entered into
under the authority of section 845 of the National Defense
Authorization Act for Fiscal Year 1994 or section 2371 of title 10,
United States Code, until the final regulations implementing such
section 2371 (required by subsection (g) of such section) are published
in the Federal Register.
SEC. 808. CLARIFICATION OF AUTHORITY OF COMPTROLLER GENERAL TO REVIEW
RECORDS OF PARTICIPANTS IN CERTAIN PROTOTYPE PROJECTS.
(a) Comptroller General Review.--Section 845(c) of the National
Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is
amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) The right provided to the Comptroller General in a clause
of an agreement under paragraph (1) is limited as provided in
subparagraph (B) in the case of a party to the agreement, an entity
that participates in the performance of the agreement, or a subordinate
element of that party or entity if the only agreements or other
transactions that the party, entity, or subordinate element entered
into with Government entities in the year prior to the date of that
agreement are cooperative agreements or transactions that were entered
into under this section or section 2371 of title 10, United States
Code.
``(B) The only records of a party, other entity, or subordinate
element referred to in subparagraph (A) that the Comptroller General
may examine in the exercise of the right referred to in that
subparagraph are records of the same type as the records that the
Government has had the right to examine under the audit access clauses
of the previous agreements or transactions referred to in such
subparagraph that were entered into by that particular party, entity,
or subordinate element.''.
SEC. 809. ELIGIBILITY OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED
BY WOMEN FOR ASSISTANCE UNDER THE MENTOR-PROTEGE PROGRAM.
Section 831(m)(2) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) a small business concern owned and controlled
by women, as defined in section 8(d)(3)(D) of the Small
Business Act (15 U.S.C. 637(d)(3)(D)).''.
SEC. 810. NAVY-MARINE CORPS INTRANET ACQUISITION.
(a) Limitation.--The performance of a contract for the acquisition
of a Navy-Marine Corps Intranet may not begin until the Secretary of
the Navy submits a report on that contract to Congress. A report under
this section shall contain the following information:
(1) An estimate of the amount to be expended on the
contract by each of the Navy and Marine Corps for each fiscal
year.
(2) The accounts from which the performance of the contract
will be funded through the end of fiscal year 2001.
(3) A plan for an incrementally phased implementation of
the Navy-Marine Corps Intranet into the operations of the
shore-based activities of the Navy and Marine Corps.
(4) The same information with regard to the Navy-Marine
Corps Intranet as is required to be included in the report on
major automated information systems under paragraphs (2) and
(3) of section 803(e).
(5) With regard to each major command included in the first
year of the implementation of the contract--
(A) an estimate of the number of civilian personnel
currently performing functions that are potentially
included in the scope of the contract;
(B) the extent to which the contractor may continue
to rely upon that workforce to perform functions after
the award of the contract; and
(C) the plans of the Department of the Navy for
reassignment, reorganization, or other disposition of
any portion of the workforce that does not continue to
perform current functions.
(b) Prohibitions.--(1) The increment of the Navy-Marine Corps
Intranet that is implemented during the first year of implementation
may not include any activities of the Marine Corps, the naval
shipyards, or the naval aviation depots.
(2) Funds available for fiscal year 2001 for activities referred to
in paragraph (1) may not be expended for any contract for the Navy-
Marine Corps Intranet.
(c) Applicability of Statutory and Regulatory Requirements.--The
acquisition of a Navy-Marine Corps Intranet shall be managed by the
Department of the Navy in accordance with the requirements of--
(1) the Clinger-Cohen Act of 1996, including the
requirement for utilizing modular contracting in accordance
with section 38 of the Office of Federal Procurement Policy Act
(41 U.S.C. 434); and
(2) Department of Defense Directives 5000.1 and 5000.2-R
and all other directives, regulations, and management controls
that are applicable to major investments in information
technology and related services.
(d) Comptroller General Review.--(1) At the same time that the
Secretary of the Navy submits a report on the Navy-Marine Corps
Intranet to Congress under subsection (a), the Secretary shall transmit
a copy of the report to the Comptroller General.
(2) Not later than 60 days after receiving a report on the Navy-
Marine Corps Intranet under paragraph (1), the Comptroller General
shall review the report and submit to Congress any comments that the
Comptroller General considers appropriate regarding the report and the
Navy-Marine Corps Intranet.
SEC. 811. QUALIFICATIONS REQUIRED FOR EMPLOYMENT AND ASSIGNMENT IN
CONTRACTING POSITIONS.
(a) Applicability of Requirements to Members of the Armed Forces.--
Section 1724 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``a person must'' in the
matter preceding paragraph (1) and inserting ``an employee or
member of the armed forces must''; and
(2) in subsection (d)--
(A) by striking ``employee of'' and inserting
``person in''; and
(B) by striking ``employee possesses'' and
inserting ``person possesses''.
(b) Mandatory Academic Qualifications.--(1) Subsection (a)(3) of
such section is amended--
(A) by inserting ``and'' before ``(B)''; and
(B) by striking ``, or (C)'' and all that follows through
``listed in subparagraph (B)''.
(2) Subsection (b) of such section is amended to read as follows:
``(b) GS-1102 Series Positions and Similar Military Positions.--The
Secretary of Defense shall require that a person meet the requirements
set forth in paragraph (3) of subsection (a), but not the other
requirements set forth in that subsection, in order to qualify to serve
in a position in the Department of Defense in--
``(1) the GS-1102 occupational series; or
``(2) a similar occupational specialty when the position is
to be filled by a member of the armed forces.''.
(c) Exception.--Subsection (c) of such section is amended to read
as follows:
``(c) Exception.--The requirements imposed under subsection (a) or
(b) shall not apply to a person for the purpose of qualifying to serve
in a position in which the person is serving on September 30, 2000.''.
(d) Deletion of Unnecessary Cross References.--Subsection (a) of
such section is amended by striking ``(except as provided in
subsections (c) and (d))'' in the matter preceding paragraph (1).
(e) Effective Date.--This section, and the amendments made by this
section, shall take effect on October 1, 2000, and shall apply to
appointments and assignments made on or after that date.
SEC. 812. DEFENSE ACQUISITION AND SUPPORT WORKFORCE.
(a) Requirement for Report.--Not later than March 15, 2001, the
Secretary of Defense shall submit to Congress a report on the
sufficiency of the acquisition and support workforce of the Department
of Defense. The report shall include a plan to ensure that the defense
acquisition and support workforce is of sufficient size and has the
expertise necessary to ensure the cost-effective management of the
defense acquisition system to obtain needed products and services at
the best value.
(b) Content of Report.--(1) The Secretary's report on the defense
acquisition and support workforce under subsection (a) shall include,
at a minimum, the following:
(A) A comprehensive reassessment of any programmed
reductions in the workforce and the impact that such reductions
are likely to have on the ability of the workforce to meet the
anticipated workload and responsibilities of the acquisition
workforce.
(B) An assessment of the changing demographics of the
workforce, including the impact of anticipated retirements
among the most experienced acquisition personnel over the next
five years, and management steps that may be needed to address
these changes.
(C) A plan to address problems arising from previous
reductions in the workforce, including--
(i) increased backlogs in closing out completed
contracts;
(ii) increased program costs resulting from
contracting for technical support rather than using
Federal employees to provide the technical support;
(iii) insufficient staff to negotiate fair and
reasonable pricing, to review and respond to contractor
actions, to perform oversight and inspections, and
otherwise to manage contract requirements;
(iv) failures to comply with competition
requirements, to perform independent cost estimates, to
complete technical reviews, to meet contractor
surveillance requirements, and to perform necessary
cost control functions; and
(v) lost opportunities to negotiate strategic
supplier alliances, to improve parts control and
management, to conduct modeling and simulation
projects, and to develop other cost savings
initiatives.
(D) The actions that are being taken or could be taken
within the Department of Defense to enhance the tenure and
reduce the turnover of program executive officers, program
managers, and contracting officers.
(E) An evaluation of the acquisition workforce
demonstration project conducted under section 4308 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 10 U.S.C. 1701 note) together with any
recommendations for improving personnel management laws,
policies, or procedures with respect to the defense acquisition
and support workforce.
(2) The plan contained in the report shall include specific
milestones for workforce size, composition, and qualifications
(including plans for needed recruiting, retention, and training) to
address any problems identified in the report and to ensure the
achievement of the objectives of the plan that are set forth in
subsection (a).
(c) Extension of Demonstration Project.--Section 4308(b)(3)(B) of
the National Defense Authorization Act for Fiscal Year 1996 (10 U.S.C.
1701 note) is amended by striking ``3-year period beginning on the date
of the enactment of the National Defense Authorization Act for Fiscal
Year 1998'' and inserting ``period beginning on November 18, 1997, and
ending on November 17, 2003''.
(d) Moratorium on Reduction of Defense Acquisition Workforce.--(1)
Notwithstanding any other provision of law, the defense acquisition and
support workforce may not be reduced, during fiscal years 2001, 2002,
and 2003, below the level of that workforce as of September 30, 2000,
determined on the basis of full-time equivalent positions.
(2) The Secretary of Defense may waive the prohibition in paragraph
(1) and reduce the level of the defense acquisition and support
workforce upon submitting to Congress the Secretary's certification
that the defense acquisition and support workforce, at the level to
which reduced, will be able efficiently and effectively to perform the
workloads that are required of that workforce consistent with the cost-
effective management of the defense acquisition system to obtain best
value equipment and with ensuring military readiness.
(e) Defense Acquisition and Support Workforce Defined.--In this
section, the term ``defense acquisition and support workforce'' means
Armed Forces and civilian personnel who are assigned to, or are
employed in, an organization of the Department of Defense that is--
(1) an acquisition organization specified in Department of
Defense Instruction 5000.58, dated January 14, 1992; or
(2) an organization not so specified that has acquisition
as its predominant mission, as determined by the Secretary of
Defense.
SEC. 813. FINANCIAL ANALYSIS OF USE OF DUAL RATES FOR QUANTIFYING
OVERHEAD COSTS AT ARMY INDUSTRIAL FACILITIES.
(a) Requirement for Analysis.--The Secretary of the Army shall
carry out a financial analysis of the costs that would be incurred and
the benefits that would be derived from the implementation of a policy
to use--
(1) one set of rates for quantifying the overhead costs
associated with government-owned industrial facilities of the
Department of the Army when allocating those costs to
contractors operating the facilities; and
(2) another set of rates for quantifying the overhead costs
to be allocated to the operation of such facilities by
employees of the United States.
(b) Report.--Not later than February 15, 2001, the Secretary shall
submit to the congressional defense committees a report on the results
of the analysis carried out under subsection (a). The report shall
include the following:
(1) The costs and benefits identified in the analysis under
subsection (a).
(2) The risks to the United States of implementing a dual
rates policy described in subsection (a).
(3) The effects that a use of dual rates under such a
policy would have on the defense industrial base of the United
States.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. [SCO00.185]. REPEAL OF LIMITATION ON MAJOR DEPARTMENT OF
DEFENSE HEADQUARTERS ACTIVITIES PERSONNEL.
(a) Repeal of Limitation.--(1) Section 130a of title 10, United
States Code, is repealed.
(2) The table of sections at the beginning of chapter 3 of such
title is amended by striking the item relating to section 130a.
(b) Repeal of Associated Reporting Requirement.--Section 921(b) of
the National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 723) is repealed.
SEC. 902. OVERALL SUPERVISION OF DEPARTMENT OF DEFENSE ACTIVITIES FOR
COMBATING TERRORISM.
Section 138(b)(4) of title 10, United States Code, is amended to
read as follows:
``(4)(A) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Special Operations and Low Intensity Conflict.
``(B) The Assistant Secretary shall have the following duties:
``(i) As the principal duty, to provide overall supervision
(including oversight of policy and resources) of special
operations activities (as defined in section 167(j) of this
title) and low intensity conflict activities of the Department
of Defense.
``(ii) To provide overall direction and supervision for
policy, program planning and execution, and allocation and use
of resources for the activities of the Department of Defense
for combating terrorism, including antiterrorism activities,
counterterrorism activities, terrorism consequences management
activities, and terrorism-related intelligence support
activities.
``(C) The Assistant Secretary is the principal civilian adviser to
the Secretary of Defense on, and is the principal official within the
senior management of the Department of Defense (after the Secretary and
Deputy Secretary) responsible for, the following matters:
``(i) Special operations and low intensity conflict.
``(ii) Combating terrorism.''.
SEC. 903. NATIONAL DEFENSE PANEL 2001.
(a) Establishment.--Not later than March 1, 2001, the Secretary of
Defense shall establish a nonpartisan, independent panel to be known as
the National Defense Panel 2001. The Panel shall have the duties set
forth in this section.
(b) Membership and Chairman.--(1) The Panel shall be composed of
nine members appointed from among persons in the private sector who are
recognized experts in matters relating to the national security of the
United States, as follows:
(A) Three members appointed by the Secretary of Defense.
(B) Three members appointed by the Chairman of the
Committee on Armed Services of the Senate, in consultation with
the ranking member of the committee.
(C) Three members appointed by the Chairman of the
Committee on Armed Services of the House of Representatives, in
consultation with the ranking member of the committee.
(2) The Secretary of Defense, in consultation with the chairmen and
ranking members of the Committees on Armed Services of the Senate and
the House of Representatives, shall designate one of the members to
serve as the chairman of the Panel.
(c) Duties.--(1) The Panel shall--
(A) assess the matters referred to in paragraph (2);
(B) assess the current and projected strategic environment,
together with the progress made by the Armed Forces in
transforming to meet that environment;
(C) identify the most dangerous threats to the national
security interests of the United States that are to be
countered by the United States in the ensuing 10 years and
those that are to be encountered in the ensuing 20 years;
(D) identify the strategic and operational challenges for
the Armed Forces to address in order to prepare to counter the
threats identified under subparagraph (C);
(E) develop--
(i) a recommendation on the priority that should be
accorded to each of the strategic and operational
challenges identified under subparagraph (D); and
(ii) a recommendation on the priority that should
be accorded to the development of each joint capability
needed to meet each such challenge; and
(F) identify the issues that the Panel recommends for
assessment during the next quadrennial review to be conducted
under section 118 of title 10, United States Code.
(2) The matters to be assessed under paragraph (1)(A) are the
defense strategy, force structure, force modernization plans,
infrastructure, budget plan, and other elements of the defense program
and policies established since the quadrennial defense review conducted
in 1996.
(3) The Panel shall conduct the assessments under paragraph (1)
with a view toward recommending--
(A) the most critical changes that should be made to the
defense strategy of the United States for the ensuing 10 years
and the most critical changes that should be made to the
defense strategy of the United States for the ensuing 20 years;
and
(B) any changes considered appropriate by the Panel
regarding the major weapon systems programmed for the force,
including any alternatives to those weapon systems.
(d) Report.--(1) The Panel shall submit to the Secretary of Defense
and to the Committees on Armed Services of the Senate and the House of
Representatives two reports on the assessment, including a discussion
of the Panel's activities, the findings and recommendations of the
Panel, and any recommendations for legislation that the Panel considers
appropriate, as follows:
(A) An interim report not later than July 1, 2001.
(B) A final report not later than December 1, 2001.
(2) Not later than December 15, 2001, the Secretary shall transmit
to the committees referred to in paragraph (1) the Secretary's comments
on the final report submitted to the committees under subparagraph (B)
of that paragraph.
(e) Information From Federal Agencies.--The Panel may secure
directly from the Department of Defense and any of its components and
from any other department and agency of the United States such
information as the Panel considers necessary to carry out its duties
under this section. The head of the department or agency concerned
shall ensure that information requested by the Panel under this
subsection is promptly provided.
(f) Personnel Matters.--(1) Each member of the Panel 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 the member is engaged in the performance of
the duties of the Panel.
(2) The members of the Panel 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 Panel.
(3)(A) The chairman of the Panel may, without regard to the civil
service laws and regulations, appoint and terminate an executive
director and a staff if the Panel determines that an executive director
and staff are necessary in order for the Panel to perform its duties
effectively. The employment of an executive director shall be subject
to confirmation by the Panel.
(B) The chairman may fix the compensation of the executive director
without regard to the provisions of 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 may not exceed the rate payable for
level V of the Executive Schedule under section 5316 of such title.
(4) Any employee of the United States may be detailed to the Panel
without reimbursement of the employee's agency, and such detail shall
be without interruption or loss of civil service status or privilege.
The Secretary shall ensure that sufficient personnel are detailed to
the Panel to enable the Panel to carry out its duties effectively.
(5) To the maximum extent practicable, the members and employees of
the Panel shall travel on military aircraft, military ships, military
vehicles, or other military conveyances when travel is necessary in the
performance of a duty of the Panel, except that no such aircraft, ship,
vehicle, or other conveyance may be scheduled primarily for the
transportation of any such member or employee when the cost of
commercial transportation is less expensive.
(g) Administrative Provisions.--(1) The Panel may use the United
States mails and obtain printing and binding services in the same
manner and under the same conditions as other departments and agencies
of the Federal Government.
(2) The Secretary shall furnish the Panel any administrative and
support services requested by the Panel.
(3) The Panel may accept, use, and dispose of gifts or donations of
services or property.
(h) Payment of Panel Expenses.--The compensation, travel expenses,
and per diem allowances of members and employees of the Panel shall be
paid out of funds available to the Department of Defense for the
payment of compensation, travel allowances, and per diem allowances,
respectively, of civilian employees of the Department. The other
expenses of the Panel shall be paid out of funds available to the
Department for the payment of similar expenses incurred by the
Department.
(i) Termination.--The Panel shall terminate at the end of the year
following the year in which the Panel submits its final report under
subsection (d)(1)(B). For the period that begins 90 days after the date
of submittal of the report, the activities and staff of the panel shall
be reduced to a level that the Secretary of Defense considers
sufficient to continue the availability of the panel for consultation
with the Secretary of Defense and with the Committees on Armed Services
of the Senate and the House of Representatives.
SEC. 904. QUADRENNIAL NATIONAL DEFENSE PANEL.
(a) National Defense Panel.--(1) Chapter 7 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 184. National Defense Panel
``(a) Establishment.--Not later than January 1 of each year
immediately preceding a year in which a President is to be inaugurated,
the Secretary of Defense shall establish a nonpartisan, independent
panel to be known as the National Defense Panel. The Panel shall have
the duties set forth in this section.
``(b) Membership and Chairman.--(1) The Panel shall be composed of
nine members appointed from among persons in the private sector who are
recognized experts in matters relating to the national security of the
United States, as follows:
``(A) Three members appointed by the Secretary of Defense.
``(B) Three members appointed by the Chairman of the
Committee on Armed Services of the Senate, in consultation with
the ranking member of the committee.
``(C) Three members appointed by the Chairman of the
Committee on Armed Services of the House of Representatives, in
consultation with the ranking member of the committee.
``(2) The Secretary of Defense, in consultation with the chairmen
and ranking members of the Committees on Armed Services of the Senate
and the House of Representatives, shall designate one of the members to
serve as the chairman of the Panel
``(c) Duties.--(1) The Panel shall--
``(A) assess the matters referred to in paragraph (2);
``(B) assess the current and projected strategic
environment, together with the progress made by the armed
forces in transforming to meet the environment;
``(C) identify the most dangerous threats to the national
security interests of the United States that are to be
countered by the United States in the ensuing 10 years and
those that are to be encountered in the ensuing 20 years;
``(D) identify the strategic and operational challenges for
the armed forces to address in order to prepare to counter the
threats identified under subparagraph (C);
``(E) develop--
``(i) a recommendation on the priority that should
be accorded to each of the strategic and operational
challenges identified under subparagraph (D); and
``(ii) a recommendation on the priority that should
be accorded to the development of each joint capability
needed to meet each such challenge; and
``(F) identify the issues that the Panel recommends for
assessment during the next quadrennial review to be conducted
under section 118 of this title.
``(2) The matters to be assessed under paragraph (1)(A) are the
defense strategy, force structure, force modernization plans,
infrastructure, budget plan, and other elements of the defense program
and policies established since the previous quadrennial defense review
under section 118 of this title.
``(3) The Panel shall conduct the assessments under paragraph (1)
with a view toward recommending--
``(A) the most critical changes that should be made to the
defense strategy of the United States for the ensuing 10 years
and the most critical changes that should be made to the
defense strategy of the United States for the ensuing 20 years;
and
``(B) any changes considered appropriate by the Panel
regarding the major weapon systems programmed for the force,
including any alternatives to those weapon systems.
``(d) Report.--(1) The Panel, in the year that it is conducting an
assessment under subsection (c), shall submit to the Secretary of
Defense and to the Committees on Armed Services of the Senate and the
House of Representatives two reports on the assessment, including a
discussion of the Panel's activities, the findings and recommendations
of the Panel, and any recommendations for legislation that the Panel
considers appropriate, as follows:
``(A) An interim report not later than July 1 of the year.
``(B) A final report not later than December 1 of the year.
``(2) Not later than December 15 of the year in which the Secretary
receives a final report under paragraph (1)(B), the Secretary shall
submit to the committees referred to in paragraph (1) the Secretary's
comments on that report.
``(e) Information From Federal Agencies.--The Panel may secure
directly from the Department of Defense and any of its components and
from any other department or agency of the United States any
information that the Panel considers necessary to carry out its duties
under this section. The head of that department or agency shall ensure
that information requested by the Panel under this subsection is
promptly provided.
``(f) Personnel Matters.--(1) Each member of the Panel 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 for each day (including travel time) during
which the member is engaged in the performance of the duties of the
Panel.
``(2) The members of the Panel 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 while
away from their homes or regular places of business in the performance
of services for the Panel.
``(3)(A) The chairman of the Panel may, without regard to the civil
service laws and regulations, appoint and terminate an executive
director and a staff if the Panel determines that an executive director
and staff are necessary in order for the Panel to perform its duties
effectively. The employment of an executive director shall be subject
to confirmation by the Panel.
``(B) The chairman may fix the compensation of the executive
director without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5 relating to classification of positions
and General Schedule pay rates, except that the rate of pay for the
executive director may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
``(4) Any Federal Government employee may be detailed to the Panel
without reimbursement of the employee's agency, and such detail shall
be without interruption or loss of civil service status or privilege.
The Secretary shall ensure that sufficient personnel are detailed to
the Panel to enable the Panel to carry out its duties effectively.
``(5) To the maximum extent practicable, the members and employees
of the Panel shall travel on military aircraft, military ships,
military vehicles, or other military conveyances when travel is
necessary in the performance of a duty of the Panel, except that no
such aircraft, ship, vehicle, or other conveyance may be scheduled
primarily for the transportation of any such member or employee when
the cost of commercial transportation is less expensive.
``(g) Administrative Provisions.--(1) The Panel may use the United
States mails and obtain printing and binding services in the same
manner and under the same conditions as other departments and agencies
of the Federal Government.
``(2) The Secretary shall furnish the Panel any administrative and
support services requested by the Panel.
``(3) The Panel may accept, use, and dispose of gifts or donations
of services or property.
``(h) Payment of Panel Expenses.--The compensation, travel
expenses, and per diem allowances of members and employees of the Panel
shall be paid out of funds available to the Department of Defense for
the payment of compensation, travel allowances, and per diem
allowances, respectively, of civilian employees of the Department. The
other expenses of the Panel shall be paid out of funds available to the
Department for the payment of similar expenses incurred by the
Department.
``(i) Termination.--The Panel shall terminate at the end of the
year following the year in which the Panel submits its final report
under subsection (d)(1)(B). For the period that begins 90 days after
the date of submittal of the report, the activities and staff of the
panel shall be reduced to a level that the Secretary of Defense
considers sufficient to continue the availability of the Panel for
consultation with the Secretary of Defense and with the Committees on
Armed Services of the Senate and the House of Representatives.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``184. National Defense Panel.''.
(b) First Panel To Be Established in 2004.--The first National
Defense Panel under section 184 of title 10, United States Code (as
added by subsection (a)), shall be established in 2004.
SEC. 905. INSPECTOR GENERAL INVESTIGATIONS OF PROHIBITED PERSONNEL
ACTIONS.
(a) Standards and Procedures for Preliminary Determinations.--
Subsection (c)(3)(A) of section 1034 of title 10, United States Code,
is amended by inserting ``, in accordance with regulations prescribed
under subsection (h),'' after ``shall expeditiously determine''.
(b) Definition of Inspector General.--Subsection (i)(2) of such
section is amended by adding at the end the following:
``(H) An officer of the armed forces or employee of
the Department of Defense, not referred to in any other
subparagraph of this paragraph, who is assigned or
detailed to serve as an Inspector General at any level
in the Department of Defense.''.
SEC. 906. NETWORK CENTRIC WARFARE.
(a) Goal.--It shall be a goal of the Department of Defense to fully
coordinate the network centric warfare efforts being pursued by the
Joint Chiefs of Staff, the Defense Agencies, and the military
departments so that (1) the concepts, procedures, training, and
technology development resulting from those efforts lead to an
integrated information network, and (2) a coherent concept for enabling
information dominance in joint military operations can be formulated.
(b) Report on Implementation of Network Centric Warfare
Principles.--(1) The Secretary of Defense, in consultation with the
Chairman of the Joint Chiefs of Staff, shall submit to the
congressional defense committees a report on the development and
implementation of network centric warfare concepts in the Department of
Defense.
(2) The report shall contain the following:
(A) A clear definition and terminology to describe the set
of operational concepts referred to as network centric warfare.
(B) An identification and description of current, planned,
and needed activities by the Office of the Secretary of
Defense, the Joint Chiefs of Staff, and the United States Joint
Forces Command to coordinate the development of doctrine and
the definition of requirements and to ensure that those
activities are consistent with the concepts of network centric
warfare and information superiority that are articulated in
Joint Vision 2010 issued by the Joint Chiefs of Staff.
(C) Recommended metrics, and a process for applying and
reporting such metrics, to assist the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff in the evaluation of
the progress being made toward--
(i) the implementation of the concepts of network
centric warfare and information superiority that are
articulated in Joint Vision 2010; and
(ii) the attainment of a fully integrated, joint
command, control, communications, computers,
intelligence, surveillance, and reconnaissance
capability.
(D) A recommended joint concept development and
experimentation campaign for enabling the co-evolution of
doctrine, organization, training, materiel, leadership, people,
and facilities that are pertinent to achieving advances in
command and control consistent with the concepts of network
centric warfare and information superiority articulated in
those vision statements.
(E) A description of the programs and initiatives underway,
together with a discussion of the progress made (as determined
using metrics recommended under subparagraph (C)) toward--
(i) establishing a foundation for networking the
sensors, combat personnel and weapon systems, and
decisionmaking nodes to ensure that there is seamless
communication within each of the Armed Forces and
across the Armed Forces;
(ii) achieving, within and between the Armed
Forces, full situational awareness of the dispositions
of friendly forces so that joint task forces can
operate effectively on fast-changing battlefields with
substantially reduced risk of fratricide and less
restrictive control measures; and
(iii) ensuring a seamless delivery of fire on
targets by the Armed Forces and allied forces, with
particular attention being given in that discussion to
how networking of surface and aerial fire delivery and
aerial transport assets can be exploited to manage
theater airspace so as to minimize the coordination
steps necessary for obtaining fire clearance or aerial
transit clearance.
(F) An identification of the additional powers that must be
provided the officials making joint policy for the Armed Forces
in order to ensure that those officials have sufficient
authority quickly to develop and implement means for supporting
network centric warfare, including such means as interoperable
intranets of the Armed Forces and joint and allied
interoperability standards for the joint operating environment.
(G) The areas of joint authority that require greater
emphasis or resource allocation.
(H) The specific organizational entities that can provide
coordination for the development of network centric warfare
systems and doctrine.
(I) The joint requirements under development that will lead
to the acquisition of technologies for enabling the
implementation and support of network centric warfare, together
with--
(i) a description of how the joint requirements are
modifying existing requirements and vision statements
of each of the Armed Forces to better reflect the joint
nature of network centric warfare;
(ii) a description of how the vision statements are
being expanded to reflect the role of network centric
warfare concepts in future coalition operations and
operations other than war; and
(iii) an evaluation of whether there is a need to
modify the milestone decision processes for all
acquisition programs that directly affect joint task
force interoperability and interoperability between the
Armed Forces.
(J) A discussion of how the efforts within the Department
of Defense to implement information superiority concepts
described in Joint Vision 2010 are informed by private sector
investments, and successes and failures, in implementing
networking technologies that enhance distribution, inventory
control, maintenance management, personnel management,
knowledge management, technology development, and other
relevant business areas.
(K) A discussion of how Department of Defense activities to
establish a joint network centric capability--
(i) are coordinated with the Intelligence
Community, the Department of Commerce, the Department
of Justice, the Federal Emergency Management Agency,
and other departments and agencies of the United
States; and
(ii) are carried out in accordance with
Presidential Decision Directive 63 and the National
Plan for Information Systems Protection.
(c) Study on Use of Joint Experimentation for Developing Network
Centric Warfare Concepts.--(1) The Secretary of Defense shall conduct a
study on the present and future use of the joint experimentation
program of the Department of Defense in the development of network
centric warfare concepts.
(2) The Secretary shall submit to the congressional defense
committees a report on the results of the study. The report shall
include the following:
(A) A survey and description of how experimentation under
the joint experimentation program and experimentation under the
experimentation program of each of the Armed Forces are being
used for evaluating emerging concepts in network centric
warfare.
(B) Recommended means and mechanisms for using the results
of the joint experimentation for developing new joint
requirements, new joint doctrine, and new acquisition programs
of the military departments and Defense Agencies with a view to
achieving the objective of supporting network centric
operations.
(C) Recommendations on future joint experimentation to
validate and accelerate the use of network centric warfare
concepts in operations involving coalition forces.
(D) Recommendations on how joint experimentation can be
used to identify impediments to--
(i) the development of a joint information network;
and
(ii) the seamless coordination of the intranet
systems of each of the Armed Forces in operational
environments.
(E) Recommendations on how joint experimentation can be
used to develop concepts in revolutionary force redesign to
leverage new operational concepts in network centric warfare.
(F) The levels of appropriations necessary for joint
experimentation on network-related concepts.
(3) The Secretary of Defense, acting through the Chairman of the
Joint Chiefs of Staff, shall designate the Commander in Chief of the
United States Joint Forces Command to carry out the study and to
prepare the report required under this subsection.
(d) Report on Science and Technology Programs To Support Network
Centric Warfare Concepts.--(1) The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a report describing the coordination
of the science and technology investments of the military departments
and Defense Agencies in the development of future joint network centric
warfare capabilities. The Under Secretary shall consult with the
Chairman of the Joint Chiefs of Staff in the preparation of the report.
(2) The report shall include the following:
(A) A discussion of the science and technology investments
in the following areas:
(i) Sensors, including ground-based, air-based,
sea-based, and space-based inhabited and uninhabited
systems.
(ii) Seamless communications and networking
protocols and technologies.
(iii) Modeling and simulation of technologies and
operational concepts.
(iv) Secure and reliable information networks and
databases.
(v) Computing and software technology.
(vi) Robust human-machine interfaces.
(vii) Novel training concepts for supporting
network centric operations.
(B) For the areas listed in subparagraph (A)--
(i) a rationalization of the rapid pace of
technological change and the influence of global
developments in commercial technology; and
(ii) an explanation of how that rationalization is
informing and modifying science and technology
investments made by the Department of Defense.
(e) Time for Submission of Reports.--Each report required under
this section shall be submitted not later than March 1, 2001.
SEC. 907. ADDITIONAL DUTIES FOR THE COMMISSION TO ASSESS UNITED STATES
NATIONAL SECURITY SPACE MANAGEMENT AND ORGANIZATION.
Section 1622(a) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 814; 10 U.S.C. 111 note)
is amended by adding at the end the following:
``(6) The advisability of--
``(A) various actions to eliminate the requirement
for specified officers in the United States Space
Command to be flight rated that results from the dual
assignment of such officers to that command and to one
or more other commands for which the officers are
expressly required to be flight rated;
``(B) the establishment of a requirement that all
new general or flag officers of the United States Space
Command have experience in space, missile, or
information operations that is either acquisition
experience or operational experience; and
``(C) rotating the command of the United States
Space Command among the Armed Forces.''.
SEC. 908. SPECIAL AUTHORITY FOR ADMINISTRATION OF NAVY FISHER HOUSES.
(a) Base Operating Support.--Section 2493 of title 10, United
States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Special Authority for Navy.--The Secretary of the Navy shall
provide base operating support for Fisher Houses associated with health
care facilities of the Navy. The level of the support shall be
equivalent to the base operating support that the Secretary provides
for morale, welfare, and recreation category B community activities (as
defined in regulations, prescribed by the Secretary, that govern
morale, welfare, and recreation activities associated with Navy
installations).''.
(b) Savings Provisions for Certain Navy Employees.--(1) The
Secretary of the Navy may continue to employ, and pay out of
appropriated funds, any employee of the Navy in the competitive service
who, as of October 17, 1998, was employed by the Navy in a position at
a Fisher House administered by the Navy, but only for so long as the
employee is continuously employed in that position.
(2) After a person vacates a position in which the person was
continued to be employed under the authority of paragraph (1), a person
employed in that position shall be employed as an employee of a
nonappropriated fund instrumentality of the United States and may not
be paid for services in that position out of appropriated funds.
(3) In this subsection:
(A) The term ``Fisher House'' has the meaning given the
term in section 2493(a)(1) of title 10, United States Code.
(B) The term ``competitive service'' has the meaning given
the term in section 2102 of title 5, United States Code.
(c) Effective Date.--(1) The amendments made by subsection (a)
shall be effective as of October 17, 1998, as if included in section
2493 of title 10, United States Code, as enacted by section 906(a) of
Public Law 105-261.
(2) Subsection (b) applies with respect to the pay period that
includes October 17, 1998, and subsequent pay periods.
SEC. 909. ORGANIZATION AND MANAGEMENT OF THE CIVIL AIR PATROL.
(a) In General.--Chapter 909 of title 10, United States Code, is
amended to read as follow:
``CHAPTER 909--CIVIL AIR PATROL
``Sec.
``9441. Status as federally chartered corporation; purposes.
``9442. Status as volunteer civilian auxiliary of the Air Force.
``9443. Activities not performed as auxiliary of the Air Force.
``9444. Activities performed as auxiliary of the Air Force.
``9445. Funds appropriated for the Civil Air Patrol.
``9446. Miscellaneous personnel authorities.
``9447. Board of Governors.
``9448. Regulations.
``Sec. 9441. Status as federally chartered corporation; purposes
``(a) Status.--(1) The Civil Air Patrol is a nonprofit corporation
that is federally chartered under section 40301 of title 36.
``(2) Except as provided in section 9442(b)(2) of this title, the
Civil Air Patrol is not an instrumentality of the Federal Government
for any purpose.
``(b) Purposes.--The purposes of the Civil Air Patrol are set forth
in section 40302 of title 36.
``Sec. 9442. Status as volunteer civilian auxiliary of the Air Force
``(a) Volunteer Civilian Auxiliary.--The Civil Air Patrol is a
volunteer civilian auxiliary of the Air Force when the services of the
Civil Air Patrol are used by any department or agency in any branch of
the Federal Government.
``(b) Use by Air Force.--(1) The Secretary of the Air Force may use
the services of the Civil Air Patrol to fulfill the noncombat programs
and missions of the Department of the Air Force.
``(2) The Civil Air Patrol shall be deemed to be an instrumentality
of the United States with respect to any act or omission of the Civil
Air Patrol, including any member of the Civil Air Patrol, in carrying
out a mission assigned by the Secretary of the Air Force.
``Sec. 9443. Activities not performed as auxiliary of the Air Force
``(a) Support for State and Local Authorities.--The Civil Air
Patrol may, in its status as a federally chartered nonprofit
corporation and not as an auxiliary of the Air Force, provide
assistance requested by State or local governmental authorities to
perform disaster relief missions and activities, other emergency
missions and activities, and nonemergency missions and activities.
Missions and activities carried out under this section shall be
consistent with the purposes of the Civil Air Patrol.
``(b) Use of Federally Provided Resources.--(1) To perform any
mission or activity authorized under subsection (a), the Civil Air
Patrol may use any equipment, supplies, and other resources provided to
it by the Air Force or by any other department or agency of the Federal
Government or acquired by or for the Civil Air Patrol with appropriated
funds, without regard to whether the Civil Air Patrol has reimbursed
the Federal Government source for the equipment, supplies, other
resources, or funds, as the case may be.
``(2) The use of equipment, supplies, or other resources under
paragraph (1) is subject to--
``(A) the terms and conditions of the applicable agreement
entered into under chapter 63 of title 31; and
``(B) the laws and regulations that govern the use by
nonprofit corporations of federally provided assets or of
assets purchased with appropriated funds, as the case may be.
``(c) Authority Not Contingent on Reimbursement.--The authority for
the Civil Air Patrol to provide assistance under this section is not
contingent on the Civil Air Patrol being reimbursed for the cost of
providing the assistance. If the Civil Air Patrol requires
reimbursement for the provision of any such assistance, the Civil Air
Patrol may establish the reimbursement rate for the assistance at a
rate less than the rate charged by private sector sources for
equivalent services.
``(d) Liability Insurance.--The Secretary of the Air Force may
provide the Civil Air Patrol with funds for paying the cost of
liability insurance for missions and activities carried out under this
section.
``Sec. 9444. Activities performed as auxiliary of the Air Force
``(a) Air Force Support for Activities.--The Secretary of the Air
Force may furnish to the Civil Air Patrol in accordance with this
section any equipment, supplies, and other resources that the Secretary
determines necessary to enable the Civil Air Patrol to fulfill the
missions assigned by the Secretary to the Civil Air Patrol as an
auxiliary of the Air Force.
``(b) Forms of Air Force Support.--The Secretary of the Air Force
may, under subsection (a)--
``(1) give, lend, or sell to the Civil Air Patrol without
regard to the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.)--
``(A) major items of equipment (including aircraft,
motor vehicles, computers, and communications
equipment) that are excess to the military departments;
and
``(B) necessary related supplies and training aids
that are excess to the military departments;
``(2) permit the use, with or without charge, of services
and facilities of the Air Force;
``(3) furnish supplies (including fuel, lubricants, and
other items required for vehicle and aircraft operations) or
provide funds for the acquisition of supplies;
``(4) establish, maintain, and supply liaison officers of
the Air Force at the national, regional, State, and territorial
headquarters of the Civil Air Patrol;
``(5) detail or assign any member of the Air Force or any
officer, employee, or contractor of the Department of the Air
Force to any liaison office at the national, regional, State,
or territorial headquarters of the Civil Air Patrol;
``(6) detail any member of the Air Force or any officer,
employee, or contractor of the Department of the Air Force to
any unit or installation of the Civil Air Patrol to assist in
the training programs of the Civil Air Patrol;
``(7) authorize the payment of travel expenses and
allowances, at rates not to exceed those paid to employees of
the Federal Government under subchapter I of chapter 57 of
title 5, to members of the Civil Air Patrol while the members
are carrying out programs or missions specifically assigned by
the Air Force;
``(8) provide funds for the national headquarters of the
Civil Air Patrol, including--
``(A) funds for the payment of staff compensation
and benefits, administrative expenses, travel, per diem
and allowances, rent, utilities, other operational
expenses of the national headquarters; and
``(B) to the extent considered necessary by the
Secretary of the Air Force to fulfill Air Force
requirements, funds for the payment of compensation and
benefits for key staff at regional, State, or
territorial headquarters;
``(9) authorize the payment of expenses of placing into
serviceable condition, improving, and maintaining equipment
(including aircraft, motor vehicles, computers, and
communications equipment) owned or leased by the Civil Air
Patrol;
``(10) provide funds for the lease or purchase of items of
equipment that the Secretary determines necessary for the Civil
Air Patrol;
``(11) support the Civil Air Patrol cadet program by
furnishing--
``(A) articles of the Air Force uniform to cadets
without cost; and
``(B) any other support that the Secretary of the
Air Force determines is consistent with Air Force
missions and objectives; and
``(12) provide support, including appropriated funds, for
the Civil Air Patrol aerospace education program to the extent
that the Secretary of the Air Force determines appropriate for
furthering the fulfillment of Air Force missions and
objectives.
``(c) Assistance by Other Agencies.--(1) The Secretary of the Air
Force may arrange for the use by the Civil Air Patrol of such
facilities and services under the jurisdiction of the Secretary of the
Army, the Secretary of the Navy, or the head of any other department or
agency of the United States as the Secretary of the Air Force considers
to be needed by the Civil Air Patrol to carry out its mission.
``(2) An arrangement for use of facilities or services of a
military department or other department or agency under this subsection
shall be subject to the agreement of the Secretary of the military
department or head of the other department or agency, as the case may
be.
``(3) Each arrangement under this subsection shall be made in
accordance with regulations prescribed under section 9448 of this
title.
``Sec. 9445. Funds appropriated for the Civil Air Patrol
``Funds appropriated for the Civil Air Patrol shall be available
only for the exclusive use of the Civil Air Patrol.
``Sec. 9446. Miscellaneous personnel authorities
``(a) Use of Retired Air Force Personnel.--(1) Upon the request of
a person retired from service in the Air Force, the Secretary of the
Air Force may enter into a personal services contract with that person
providing for the person to serve as an administrator or liaison
officer for the Civil Air Patrol. The qualifications of a person to
provide the services shall be determined and approved in accordance
with regulations prescribed under section 9448 of this title.
``(2) To the extent provided in a contract under paragraph (1), a
person providing services under the contract may accept services on
behalf of the Air Force.
``(3) A person, while providing services under a contract
authorized under paragraph (1), may not be considered to be on active
duty or inactive-duty training for any purpose.
``(b) Use of Civil Air Patrol Chaplains.--The Secretary of the Air
Force may use the services of Civil Air Patrol chaplains in support of
the Air Force active duty and reserve component forces to the extent
and under conditions that the Secretary determines appropriate.
``Sec. 9447. Board of Governors
``(a) Governing Body.--The Board of Governors of the Civil Air
Patrol is the governing body of the Civil Air Patrol.
``(b) Composition.--The Board of Governors is composed of 13
members as follows:
``(1) Four members appointed by the Secretary of the Air
Force, who may be active or retired officers of the Air Force
(including reserve components of the Air Force), employees of
the Federal Government, or private citizens.
``(2) Four members of the Civil Air Patrol, elected from
among the members of the Civil Air Patrol in the manner
provided in regulations prescribed under section 9448 of this
title.
``(3) Three members appointed or selected as provided in
subsection (c) from among personnel of any Federal Government
agencies, public corporations, nonprofit associations, and
other organizations that have an interest and expertise in
civil aviation and the Civil Air Patrol mission.
``(4) One member appointed by the Majority Leader of the
Senate.
``(5) One member appointed by the Speaker of the House of
Representatives.
``(c) Appointments From Interested Organizations.--(1) Subject to
paragraph (2), the members of the Board of Governors referred to in
subsection (b)(3) shall be appointed jointly by the Secretary of the
Air Force and the National Commander of the Civil Air Patrol.
``(2) Any vacancy in the position of a member referred to in
paragraph (1) that is not filled under that paragraph within 90 days
shall be filled by majority vote of the other members of the Board.
``(d) Chairperson.--(1) The Chairperson of the Board of Governors
shall be chosen by the members of the Board of Governors from among the
members of the Board eligible for selection under paragraph (2) and
shall serve for a term of two years.
``(2) The position of Chairperson shall be held on a rotating
basis, first by a member of the Board selected from among those
appointed by the Secretary of the Air Force under paragraph (1) of
subsection (b) and then by a member of the Board selected from among
the members elected by the Civil Air Patrol under paragraph (2) of that
subsection. Upon the expiration of the term of a Chairperson selected
from among the members referred to in one of those paragraphs, the
selection of a successor to that position shall be made from among the
members who are referred to in the other paragraph.
``(e) Powers.--(1) The Board of Governors shall, subject to
paragraphs (2) and (3), exercise the powers granted under section 40304
of title 36.
``(2) Any exercise by the Board of the power to amend the
constitution or bylaws of the Civil Air Patrol or to adopt a new
constitution or bylaws shall be subject to the approval of the
corporate officers of the Civil Air Patrol, as those officers are
defined in the constitution and bylaws of the Civil Air Patrol.
``(3) Neither the Board of Governors nor any other component of the
Civil Air Patrol may modify or terminate any requirement or authority
set forth in this section.
``(f) Personal Liability for Breach of a Fiduciary Duty.--(1) The
Board of Governors may, subject to paragraph (2), take such action as
is necessary to limit the personal liability of a member of the Board
of Governors to the Civil Air Patrol or to any of its members for
monetary damages for a breach of fiduciary duty while serving as a
member of the Board.
``(2) The Board may not limit the liability of a member of the
Board of Governors to the Civil Air Patrol or to any of its members for
monetary damages for any of the following:
``(A) A breach of the member's duty of loyalty to the Civil
Air Patrol or its members.
``(B) Any act or omission that is not in good faith or that
involves intentional misconduct or a knowing violation of law.
``(C) Participation in any transaction from which the
member directly or indirectly derives an improper personal
benefit.
``(3) Nothing in this subsection shall be construed as rendering
section 207 or 208 of title 18 inapplicable in any respect to a member
of the Board of Governors who is a member of the Air Force on active
duty, an officer on a retired list of the Air Force, or an employee of
the Federal Government.
``(g) Personal Liability for Breach of a Fiduciary Duty.--(1)
Except as provided in paragraph (2), no member of the Board of
Governors or officer of the Civil Air Patrol shall be personally liable
for damages for any injury or death or loss or damage of property
resulting from a tortious act or omission of an employee or member of
the Civil Air Patrol.
``(2) Paragraph (1) does not apply to a member of the Board of
Governors or officer of the Civil Air Patrol for a tortious act or
omission in which the member or officer, as the case may be, was
personally involved, whether in breach of a civil duty or in commission
of a criminal offense.
``(3) Nothing in this subsection shall be construed to restrict the
applicability of common law protections and rights that a member of the
Board of Governors or officer of the Civil Air Patrol may have.
``(4) The protections provided under this subsection are in
addition to the protections provided under subsection (f).
``Sec. 9448. Regulations
``(a) Authority.--The Secretary of the Air Force shall prescribe
regulations for the administration of this chapter.
``(b) Required Regulations.--The regulations shall include the
following:
``(1) Regulations governing the conduct of the activities
of the Civil Air Patrol when it is performing its duties as a
volunteer civilian auxiliary of the Air Force under section
9442 of this title.
``(2) Regulations for providing support by the Air Force
and for arranging assistance by other agencies under section
9444 of this title.
``(3) Regulations governing the qualifications of retired
Air Force personnel to serve as an administrator or liaison
officer for the Civil Air Patrol under a personal services
contract entered into under section 9446(a) of this title.
``(4) Procedures and requirements for the election of
members of the Board of Governors under section 9447(b)(2) of
this title.
``(c) Approval by Secretary of Defense.--The regulations required
by subsection (b)(2) shall be subject to the approval of the Secretary
of Defense.''.
(b) Conforming Amendments.--(1) Section 40302 of title 36, United
States Code, is amended--
(A) by striking ``to--'' in the matter preceding paragraph
(1) and inserting ``as follows:'';
(B) by inserting ``To'' after the paragraph designation in
each of paragraphs (1), (2), (3), and (4);
(C) by striking the semicolon at the end of paragraphs
(1)(B) and (2) and inserting a period;
(D) by striking ``; and'' at the end of paragraph (3) and
inserting a period; and
(E) by adding at the end the following:
``(5) To assist the Department of the Air Force in
fulfilling its noncombat programs and missions.''.
(2)(A) Section 40303 of such title is amended--
(i) by inserting ``(a) Membership.--'' before
``Eligibility''; and
(ii) by adding at the end the following:
``(b) Governing Body.--The Civil Air Patrol has a Board of
Governors. The composition and responsibilities of the Board of
Governors are set forth in section 9447 of title 10.''.
(B) The heading for such section is amended to read as follows:
``Sec. 40303. Membership and governing body''.
(C) The item relating to such section in the table of sections at
the beginning of chapter 403 of title 36, United States Code, is
amended to read as follows:
``40303. Membership and governing body.''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on January 1, 2001.
SEC. 910. RESPONSIBILITY FOR THE NATIONAL GUARD CHALLENGE PROGRAM.
(a) Secretary of Defense.--Subsection (a) of section 509 of title
32, United States Code, is amended by striking ``, acting through the
Chief of the National Guard Bureau,''.
(b) Clarification of Source of Federal Support.--Subsection (b) of
such section is amended by striking ``Federal expenditures'' and
inserting ``Department of Defense expenditures''.
(c) Regulations.--Such section is further amended--
(1) by redesignating subsection (l) and subsection (m); and
(2) by inserting after subsection (k) the following new
subsection (l):
``(l) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section, including regulations governing
the following:
``(1) Terms and conditions to be included in program
agreements under subsection (c).
``(2) The eligibility requirements for participation under
subsection (e).
``(3) The benefits authorized for program participants
under subsection (f).
``(4) The status of National Guard personnel providing
services for the program under subsection (g).
``(5) The use of equipment and facilities of the National
Guard for the program under subsection (h).
``(6) The status of program participants under subsection
(i).
``(7) The procedures for communicating between the
Secretary of Defense and States regarding the program.''.
SEC. 911. SUPERVISORY CONTROL OF ARMED FORCES RETIREMENT HOME BOARD BY
SECRETARY OF DEFENSE.
(a) Board Authority Subject to Secretary's Control.--Section
1516(a) of the Armed Forces Retirement Home Act of 1991 (Public Law
101-510; 24 U.S.C. 416(a)) is amended by inserting after the first
sentence the following: ``The Board is subject to the authority,
direction, and control of the Secretary of Defense in the performance
of its responsibilities.''.
(b) Appointment and Terms of Board Members.--Section 1515 of such
Act (24 U.S.C. 415) is amended--
(1) in subsection (b), by adding at the end the following:
``An appointment not made by the Secretary of Defense is subject to the
approval of the Secretary of Defense.'';
(2) in subsection (e)(3), by striking ``Chairman of the
Retirement Home Board'' and inserting ``Secretary of Defense'';
and
(3) in subsection (f), by striking ``(f) Early Expiration
of Term.--'' and inserting the following:
``(f) Early Termination.--(1) The Secretary of Defense may
terminate the appointment of a member of the Board at the pleasure of
the Secretary.
``(2)''.
(c) Responsibility of Chairman to the Secretary.--Section
1515(d)(1)(B) of such Act (24 U.S.C. 415(d)(1)(B)) is amended by
striking ``not be responsible to the Secretary of Defense or to the
Secretaries of the military departments'' and inserting ``be
responsible to the Secretary of Defense, but not to the Secretaries of
the military departments,''.
SEC. 912. CONSOLIDATION OF CERTAIN NAVY GIFT FUNDS.
(a) Merger of Naval Historical Center Fund Into Department of the
Navy General Gift Fund.--(1) The Secretary of the Navy shall transfer
all amounts in the Naval Historical Center Fund maintained under
section 7222 of title 10, United States Code, to the Department of the
Navy General Gift Fund maintained under section 2601 of such title.
Upon completing the transfer, the Secretary shall close the Naval
Historical Center Fund.
(2) Amounts transferred to the Department of the Navy General Gift
Fund under this subsection shall be merged with other amounts in that
Fund and shall be available for the purposes for which amounts in that
Fund are available.
(b) Consolidation of Naval Academy General Gift Fund and Naval
Academy Museum Fund.--(1) The Secretary of the Navy shall transfer all
amounts in the United States Naval Academy Museum Fund established by
section 6974 of title 10, United States Code, to the gift fund
maintained for the benefit and use of the United States Naval Academy
under section 6973 of such title. Upon completing the transfer, the
Secretary shall close the United States Naval Academy Museum Fund.
(2) Amounts transferred under this subsection shall be merged with
other amounts in the gift fund to which transferred and shall be
available for the purposes for which amounts in that gift fund are
available.
(c) Consolidation and Revision of Authorities for Acceptance of
Gifts, Bequests, and Loans for the United States Naval Academy.--(1)
Subsection (a) of section 6973 of title 10, United States Code, is
amended--
(A) in the first sentence--
(i) by inserting ``, and loans of personal property
other than money,'' after ``gifts and bequests of
personal property''; and
(ii) by inserting ``or the Naval Academy Museum,
its collection, or its services'' before the period at
the end;
(B) in the second sentence, by striking ```United States
Naval Academy general gift fund''' and inserting ```United
States Naval Academy Gift and Museum Fund'''; and
(C) in the third sentence, by inserting ``(including the
Naval Academy Museum)'' after ``the Naval Academy''.
(2) Such section 6973 is further amended--
(A) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) The Secretary shall prescribe written guidelines to be used
for determinations of whether the acceptance of money, any personal
property, or any loan of personal property under subsection (a) would
reflect unfavorably on the ability of the Department of the Navy or any
officer or employee of the Department of the Navy to carry out
responsibilities or duties in a fair and objective manner, or would
compromise either the integrity or the appearance of the integrity of
any program of the Department of the Navy or any officer or employee of
the Department of the Navy who is involved in any such program.''.
(3) Subsection (d) of such section, as redesignated by paragraph
(2)(A), is amended by striking ``United States Naval Academy general
gift fund'' both places it appears and inserting ``United States Naval
Academy Gift and Museum Fund''.
(4) The heading for such section is amended to read as follows:
``Sec. 6973. Gifts, bequests, and loans of property: acceptance for
benefit and use of Naval Academy''.
(d) References to Closed Gift Funds.--(1) Section 6974 of title 10,
United States Code, is amended to read as follows:
``Sec. 6974. United States Naval Academy Museum Fund: references to
Fund
``Any reference in a law, regulation, document, paper, or other
record of the United States to the United States Naval Academy Museum
Fund formerly maintained under this section shall be deemed to refer to
the United States Naval Academy Gift and Museum Fund maintained under
section 6973 of this title.''.
(2) Section 7222 of such title is amended to read as follows:
``Sec. 7222. Naval Historical Center Fund: references to Fund
``Any reference in a law, regulation, document, paper, or other
record of the United States to the Naval Historical Center Fund
formerly maintained under this section shall be deemed to refer to the
Department of the Navy General Gift Fund maintained under section 2601
of this title.''.
(e) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 603 of title 10, United States Code, is amended by
striking the items relating to sections 6973 and 6974 and inserting the
following:
``6973. Gifts, bequests, and loans of property: acceptance for benefit
and use of Naval Academy.
``6974. United States Naval Academy Museum Fund: references to Fund.''.
(2) The item relating to section 7222 of such title in the table of
sections at the beginning of chapter 631 of such title is amended to
read as follows:
``7222. Naval Historical Center Fund: references to Fund.''.
SEC. 913. TEMPORARY AUTHORITY TO DISPOSE OF A GIFT PREVIOUSLY ACCEPTED
FOR THE NAVAL ACADEMY.
Notwithstanding section 6973 of title 10, United States Code,
during fiscal year 2001, the Secretary of the Navy may dispose of the
current cash value of a gift accepted before the date of the enactment
of this Act for the Naval Academy general gift fund by disbursing out
of that fund the amount equal to that cash value to an entity
designated by the donor of the gift.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 2001 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2000.
Amounts authorized to be appropriated to the Department of Defense
for fiscal year 2000 in the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65) are hereby adjusted, with respect
to any such authorized amount, by the amount by which appropriations
pursuant to such authorization were increased (by a supplemental
appropriation) or decreased (by a rescission), or both, in any law
making supplemental appropriations for fiscal year 2000 that is enacted
during the 106th Congress, second session.
SEC. 1003. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2001.
(a) Fiscal Year 2001 Limitation.--The total amount contributed by
the Secretary of Defense in fiscal year 2001 for the common-funded
budgets of NATO may be any amount up to, but not in excess of, the
amount specified in subsection (b) (rather than the maximum amount that
would otherwise be applicable to those contributions under the fiscal
year 1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under
subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2000, of funds appropriated for fiscal years before
fiscal year 2001 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be appropriated by
titles II and III of this Act are available for contributions for the
common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $743,000 for
the Civil Budget.
(2) Of the amount provided in section 301(1), $194,400,000
for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-
funded budgets of NATO'' means the Military Budget, the
Security Investment Program, and the Civil Budget of the North
Atlantic Treaty Organization (and any successor or additional
account or program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the
Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of
1949 on the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that resolution),
approved by the Senate on April 30, 1998.
SEC. 1004. ANNUAL OMB/CBO JOINT REPORT ON SCORING OF BUDGET OUTLAYS.
(a) Revision of Scope of Technical Assumptions.--Subsection (a)(1)
of section 226 of title 10, United States Code, is amended by inserting
``subfunctional category 051 (Department of Defense--Military) under''
before ``major functional category 050''.
(b) Treatment of Differences in Outlay Rates and Assumptions.--(1)
Subsection (b) of such section is amended by striking ``, the report
shall reflect the average of the relevant outlay rates or assumptions
used by the two offices.'' and inserting ``, the report shall reflect
the differences between the relevant outlay rates or assumptions used
by the two offices. For each account for which a difference is
reported, the report shall also display, by fiscal year, each office's
estimates regarding budget authority, outlay rates, and outlays.''.
(2) The heading for such subsection is amended to read as follows:
``Differences in Outlay Rates and Assumptions.--''.
SEC. 1005. PROMPT PAYMENT OF CONTRACT VOUCHERS.
(a) Requirement.--(1) Chapter 131 of title 10, United States Code,
is amended by adding at the end the following:
``Sec. 2225. Prompt payment of vouchers for contracted property and
services
``(a) Requirement.--Of the contract vouchers that are received by
the Defense Finance and Accounting System by means of the mechanization
of contract administration service, the number of such vouchers that
remain unpaid for more than 30 days as of the last day of each month
may not exceed 5 percent of the total number of the contract vouchers
so received that remain unpaid on that day.
``(b) Conditional Requirement for Report.--(1) For any month of a
fiscal year that the requirement in subsection (a) is not met, the
Secretary of Defense shall submit to Congress a report on the magnitude
of the unpaid contract vouchers. The report for a month shall be
submitted not later than 30 days after the end of that month.
``(2) A report for a month under paragraph (1) shall include
information current as of the last day of the month as follows:
``(A) The number of the vouchers received by the Defense
Finance and Accounting System by means of the mechanization of
contract administration service during each month.
``(B) The number of the vouchers so received, whenever
received by the Defense Finance and Accounting System, that
remain unpaid for each of the following periods:
``(i) Not more than 30 days.
``(ii) Over 30 days and not more than 60 days.
``(iii) Over 60 days and not more than 90 days.
``(iv) More than 90 days.
``(C) The number of the vouchers so received that remain
unpaid for the major categories of procurements, as defined by
the Secretary of Defense.
``(D) The corrective actions that are necessary, and those
that are being taken, to ensure compliance with the requirement
in subsection (a).
``(c) Contract Voucher Defined.--In this section, the term
`contract voucher' means a voucher or invoice for the payment of a
contractor for services, commercial items (as defined in section 4(12)
of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))),
or other deliverable items provided by the contractor pursuant to a
contract funded by the Department of Defense.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``2225. Prompt payment of vouchers for contracted property and
services''.
(b) Effective Date.--Section 2225 of title 10, United States Code
(as added by subsection (a)), shall take effect on December 1, 2000,
and shall apply with respect to months beginning on or after that date.
SEC. 1006. REPEAL OF CERTAIN REQUIREMENTS RELATING TO TIMING OF
CONTRACT PAYMENTS.
The following provisions of law are repealed: sections 8175 and
8176 of the Department of Defense Appropriations Act, 2000 (Public Law
106-79), as amended by sections 214 and 215, respectively, of H.R. 3425
of the 106th Congress (113 Stat. 1501A-297), as enacted into law by
section 1000(a)(5) of Public Law 106-113.
SEC. 1007. PLAN FOR PROMPT POSTING OF CONTRACTUAL OBLIGATIONS.
(a) Requirement for Plan.--The Secretary of Defense shall submit to
the congressional defense committees, not later than November 15, 2000,
and carry out a plan for ensuring that each obligation of the
Department of Defense under a transaction described in subsection (c)
is posted within 10 days after the obligation is incurred.
(b) Content of Plan.--The plan for posting obligations shall
provide the following:
(1) Uniform posting requirements that are applicable
throughout the Department of Defense, including requirements
for the posting of detailed data on each obligation.
(2) A system of uniform accounting classification reference
numbers.
(3) Increased use of electronic means for the submission of
invoices and other billing documents.
(c) Covered Transactions.--The plan shall apply to each liability
of the Department of Defense for a payment under the following:
(1) A contract.
(2) An order issued under a contract.
(3) Services received under a contract.
(4) Any transaction that is similar to a transaction
referred to in another paragraph of this subsection.
SEC. 1008. PLAN FOR ELECTRONIC SUBMISSION OF DOCUMENTATION SUPPORTING
CLAIMS FOR CONTRACT PAYMENTS.
(a) Requirement for Plan.--The Secretary of Defense shall submit to
the congressional defense committees, not later than March 30, 2001,
and carry out a plan for ensuring that all documentation that is to be
submitted to the Department of Defense in support of claims for payment
under contracts is submitted electronically.
(b) Content of Plan.--The plan shall include the following:
(1) The format in which information can be accepted by the
Defense Finance and Accounting Service's corporate database.
(2) Procedures for electronic submission of the following:
(A) Receiving reports.
(B) Contracts and contract modifications.
(C) Required certifications.
(3) The requirements to be included in contracts regarding
electronic submission of invoices by contractors.
SEC. 1009. ADMINISTRATIVE OFFSETS FOR OVERPAYMENT OF TRANSPORTATION
COSTS.
(a) Offsets for Overpayments or Liquidated Damages.--Section 2636
of title 10, United States Code, is amended to read as follows:
``Sec. 2636. Deductions from amounts due carriers
``(a) Amounts for Loss or Damage.--An amount deducted from an
amount due a carrier shall be credited as follows:
``(1) If deducted because of loss of or damage to material
in transit for a military department, to the proper
appropriation, account, or fund from which the same or similar
material may be replaced.
``(2) If deducted as an administrative offset for an
overpayment previously made to the carrier under any Department
of Defense contract for transportation services or as
liquidated damages due under any such contract, to the
appropriation or account from which payments for the
transportation services were made.
``(b) Simplified Offset for Collection of Claims Not in Excess of
the Simplified Acquisition Threshold.--(1) In any case in which the
total amount of a claim for the recovery of overpayments or liquidated
damages under a contract described in subsection (a)(2) does not exceed
the simplified acquisition threshold, the Secretary of Defense or the
Secretary concerned may exercise the authority to collect the claim by
administrative offset under section 3716 of title 31 after providing
the notice required by paragraph (1) of subsection (a) of that section,
but without regard to paragraphs (2), (3), and (4) of that subsection.
``(2) In this subsection, the term `simplified acquisition
threshold' has the meaning given the term in section 4(11) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(11)).''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 157 of such title is
amended to read as follows:
``2636. Deductions from amounts due carriers.''.
Subtitle B--Counter-Drug Activities
SEC. 1011. EXTENSION AND INCREASE OF AUTHORITY TO PROVIDE ADDITIONAL
SUPPORT FOR COUNTER-DRUG ACTIVITIES.
(a) Extension of Authority for Assistance to Colombia.--Section
1033 of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1881) is amended--
(1) in subsection (a), by striking ``during fiscal years
1998 through 2002,''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting before the
period at the end the following: ``, for fiscal years
1998 through 2002''; and
(B) in paragraph (2), by inserting before the
period at the end the following: ``, for fiscal years
1998 through 2006'.
(b) Additional Type of Support.--Subsection (c) of such section is
amended by adding at the end the following:
``(4) The transfer of one light observation aircraft.''.
(c) Increased Maximum Annual Amount of Support.--Subsection (e)(2)
of such section is amended--
(1) by striking ``$20,000,000'' and inserting
``$40,000,000''; and
(2) by striking ``2002'' and inserting ``2006, of which not
more than $10,000,000 may be obligated or expended for any
fiscal year for support for the counter-drug activities of the
Government of Peru''.
SEC. 1012. RECOMMENDATIONS ON EXPANSION OF SUPPORT FOR COUNTER-DRUG
ACTIVITIES.
(a) Requirement for Submittal of Recommendations.--The Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives, not later than February 1, 2001, the
Secretary's recommendations regarding whether expanded support for
counter-drug activities should be authorized under section 1033 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1881) for the region that includes the countries that
are covered by that authority on the date of the enactment of this Act.
(b) Content of Submission.--The submission under subsection (a)
shall include the following:
(1) What, if any, additional countries should be covered.
(2) What, if any, additional support should be provided to
covered countries, together with the reasons for recommending
the additional support.
(3) For each country recommended under paragraph (1), a
plan for providing support, including the counter-drug
activities proposed to be supported.
SEC. 1013. REVIEW OF RIVERINE COUNTER-DRUG PROGRAM.
(a) Requirement for Review.--The Secretary of Defense shall review
the riverine counter-drug program supported under section 1033 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1881).
(b) Report.--Not later than February 1, 2001, the Secretary shall
submit a report on the riverine counter-drug program to the Committees
on Armed Services of the Senate and the House of Representatives. The
report shall include, for each country receiving support under the
riverine counter-drug program, the following:
(1) The Assistant Secretary's assessment of the
effectiveness of the program.
(2) A recommendation regarding which of the Armed Forces,
units of the Armed Forces, or other organizations within the
Department of Defense should be responsible for managing the
program.
(c) Delegation of Authority.--The Secretary shall require the
Assistant Secretary of Defense for Special Operations and Low Intensity
Conflict to carry out the responsibilities under this section.
Subtitle C--Strategic Forces
SEC. 1015. REVISED NUCLEAR POSTURE REVIEW.
(a) Requirement for Review.--The Secretary of Defense, in
consultation with the Secretary of Energy, shall conduct a
comprehensive review of the nuclear posture of the United States for
the next 5 to 10 years.
(b) Elements of Review.--The nuclear posture review shall include
the following elements:
(1) The role of nuclear forces in United States military
strategy, planning, and programming.
(2) The policy requirements and objectives for the United
States to maintain a safe, reliable, and credible nuclear
deterrence posture.
(3) The relationship between United States nuclear
deterrence policy, targeting strategy, and arms control
objectives.
(4) The levels and composition of the nuclear delivery
systems that will be required for implementing the United
States national and military strategy, including any plans for
replacing or modifying existing systems.
(5) The nuclear weapons complex that will be required for
implementing the United States national and military strategy,
including any plans to modernize or modify the complex.
(6) The active and inactive nuclear weapons stockpile that
will be required for implementing the United States national
and military strategy, including any plans for replacing or
modifying warheads.
(c) Report to Congress.--The Secretary of Defense shall submit to
Congress, in unclassified and classified forms as necessary, a report
on the results of the nuclear posture review concurrently with the
Quadrennial Defense Review due in December 2001.
(d) Sense of Congress.--It is the sense of Congress that, to
clarify United States nuclear deterrence policy and strategy for the
next 5 to 10 years, a revised nuclear posture review should be
conducted and that such review should be used as the basis for
establishing future United States arms control objectives and
negotiating positions.
SEC. 1016. PLAN FOR THE LONG-TERM SUSTAINMENT AND MODERNIZATION OF
UNITED STATES STRATEGIC NUCLEAR FORCES.
(a) Requirement for Plan.--The Secretary of Defense, in
consultation with the Secretary of Energy, shall develop a long-range
plan for the sustainment and modernization of United States strategic
nuclear forces to counter emerging threats and satisfy the evolving
requirements of deterrence.
(b) Elements of Plan.--The plan specified under subsection (a)
shall include the Secretary's plans, if any, for the sustainment and
modernization of the following:
(1) Land-based and sea-based strategic ballistic missiles,
including any plans for developing replacements for the
Minuteman III intercontinental ballistic missile and the
Trident II sea-launched ballistic missile and plans for common
ballistic missile technology development
(2) Strategic nuclear bombers, including any plans for a B-
2 follow-on, a B-52 replacement, and any new air-launched
weapon systems.
(3) Appropriate warheads to outfit the strategic nuclear
delivery systems referred to in paragraphs (1) and (2) to
satisfy evolving military requirements.
(c) Submittal of Plan.--The plan specified under subsection (a)
shall be submitted to Congress not later than April 15, 2001. The plan
shall be submitted in unclassified and classified forms, as necessary.
SEC. 1017. CORRECTION OF SCOPE OF WAIVER AUTHORITY FOR LIMITATION ON
RETIREMENT OR DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY
SYSTEMS.
Section 1302(b) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1948), as amended by
section 1501(a) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 806), is further amended by
striking ``the application of the limitation in effect under paragraph
(1)(B) or (3) of subsection (a), as the case may be,'' and inserting
``the application of the limitation in effect under subsection (a) to a
strategic nuclear delivery system''.
SEC. 1018. REPORT ON THE DEFEAT OF HARDENED AND DEEPLY BURIED TARGETS.
(a) Study.--The Secretary of Defense shall, in conjunction with the
Secretary of Energy, conduct a study relating to the defeat of hardened
and deeply buried targets. Under the study, the Secretaries shall--
(1) review the requirements and current and future plans
for hardened and deeply buried targets and agent defeat weapons
concepts and activities;
(2) determine if those plans adequately address all
requirements;
(3) identify potential future hardened and deeply buried
targets and other related targets;
(4) determine what resources and research and development
efforts are needed to defeat the targets identified under
paragraph (3) as well as other agent defeat requirements;
(5) assess both current and future options to defeat
hardened and deeply buried targets as well as agent defeat
weapons concepts, including any limited research and
development that may be necessary to conduct such assessment;
and
(6) determine the capability and cost of each option.
(b) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the results of the study
required by subsection (a) not later than July 1, 2001.
Subtitle D--Miscellaneous Reporting Requirements
SEC. 1021. ANNUAL REPORT OF THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF
ON COMBATANT COMMAND REQUIREMENTS.
(a) Additional Component.--Section 153(d)(1) of title 10, United
States Code, is amended by adding at the end the following:
``(C) The extent to which the future-years defense program
(under section 221 of this title) addresses the requirements on
the consolidated lists.''.
(b) Applicability to Reports After Fiscal Year 2000.--Subparagraph
(C) of paragraph (1) of section 153(d) of title 10, United States Code
(as added by subsection (a)), shall apply to reports submitted to
Congress under such section after fiscal year 2000.
SEC. 1022. SEMIANNUAL REPORT ON JOINT REQUIREMENTS OVERSIGHT COUNCIL.
(a) Semiannual Report.--The Chairman of the Joints Chiefs of Staff
shall submit to the congressional defense committees a semiannual
report on the activities of the Joint Requirements Oversight Council.
The principal purpose of the report is to inform the committees of the
progress made in the reforming and refocusing of the Joint Requirements
Oversight Council process during the period covered by the report.
(b) Content.--The report for a half of a fiscal year shall include
the following:
(1) A listing and justification for each of the distinct
capability areas selected by the Chairman of the Joints Chiefs
of Staff as being within the principal domain of the Joint
Requirements Oversight Council.
(2) A listing of the joint requirements developed,
considered, or approved within each of the capability areas.
(3) A listing and explanation of the decisions made by the
Joint Requirements Oversight Council, together with a
delineation of each decision that was made in disagreement with
a position advocated by the Commander in Chief, United States
Joint Forces Command, as the chief proponent of the
requirements identified by the commanders of the unified and
specified combatant commands.
(4) An assessment of the progress made in elevating the
Joint Requirements Oversight Council to a more strategic focus
on future war fighting requirements, integration of
requirements, and development of overarching common
architectures.
(5) A summation and assessment of the role and impact of
joint experimentation on the processes and decisions for
defining joint requirements, for defining requirements of each
of the Armed Forces individually, for managing acquisitions by
Defense Agencies, and for managing acquisitions by the military
departments.
(6) A description of any procedural actions that have been
taken to improve the Joint Requirements Oversight Council.
(7) Any recommendations for legislation or for providing
additional resources that the Chairman considers necessary in
order fully to refocus and reform the processes of the Joint
Requirements Oversight Council.
(c) Dates for Submission.--(1) The semiannual report for the half
of a fiscal year ending on March 31 of a year shall be submitted not
later than August 31 of that year.
(2) The semiannual report for the half of a fiscal year ending on
September 30 of a year shall be submitted not later than February 28 of
the following year.
(3) The first semiannual report shall be submitted not later than
February 28, 2001, and shall cover the last half of fiscal year 2000.
SEC. 1023. PREPAREDNESS OF MILITARY INSTALLATION FIRST RESPONDERS FOR
INCIDENTS INVOLVING WEAPONS OF MASS DESTRUCTION.
(a) Requirement for Report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the program of the Department of Defense to ensure
the preparedness of the first responders of the Department of Defense
for incidents involving weapons of mass destruction on installations of
the Department of Defense.
(b) Content of Report.--The report shall include the following:
(1) A detailed description of the overall preparedness
program.
(2) The schedule and costs associated with the
implementation of the program.
(3) The Department's plan for coordinating the preparedness
program with responders in the communities in the localities of
the installations.
(4) The Department's plan for promoting the
interoperability of the equipment used by the installation
first responders referred to in subsection (a) with the
equipment used by the first responders in those communities.
(c) Definitions.--In this section:
(1) The term ``first responder'' means an organization
responsible for responding to an incident involving a weapon of
mass destruction.
(2) The term ``weapon of mass destruction'' has the meaning
given that term in section 1403(1) of the Defense Against
Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).
SEC. 1024. DATE OF SUBMITTAL OF REPORTS ON SHORTFALLS IN EQUIPMENT
PROCUREMENT AND MILITARY CONSTRUCTION FOR THE RESERVE
COMPONENTS IN FUTURE-YEARS DEFENSE PROGRAMS.
Section 10543(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) A report required under paragraph (1) for a fiscal year shall
be submitted not later than 15 days after the date on which the
President submits to Congress the budget for such fiscal year under
section 1105(a) of title 31.''.
SEC. 1025. MANAGEMENT REVIEW OF DEFENSE LOGISTICS AGENCY.
(a) Comptroller General Review Required.--The Comptroller General
shall review each operation of the Defense Logistics Agency--
(1) to assess--
(A) the efficiency of the operation;
(B) the effectiveness of the operation in meeting
customer requirements; and
(C) the flexibility of the operation to adopt best
business practices; and
(2) to identify alternative approaches for improving the
operations of the agency.
(b) Report.--Not later than February 1, 2002, the Comptroller
General shall submit to the Committees on Armed Services of the Senate
and the House of Representatives 1 or more reports setting forth the
Comptroller General's findings resulting from the review.
SEC. 1026. MANAGEMENT REVIEW OF DEFENSE INFORMATION SYSTEMS AGENCY.
(a) Comptroller General Review Required.--The Comptroller General
shall review each operation of the Defense Information Systems Agency--
(1) to assess--
(A) the efficiency of the operation;
(B) the effectiveness of the operation in meeting
customer requirements; and
(C) the flexibility of the operation to adopt best
business practices; and
(2) to identify alternative approaches for improving the
information systems of the Department of Defense.
(b) Report.--Not later than February 1, 2002, the Comptroller
General shall submit to the Committees on Armed Services of the Senate
and the House of Representatives one or more reports setting forth the
Comptroller General's findings resulting from the review.
Subtitle E--Information Security
SEC. 1041. INSTITUTE FOR DEFENSE COMPUTER SECURITY AND INFORMATION
PROTECTION.
(a) Establishment.--The Secretary of Defense shall establish an
Institute for Defense Computer Security and Information Protection.
(b) Mission.--The Secretary shall require the institute--
(1) to conduct research and technology development that is
relevant to foreseeable computer and network security
requirements and information assurance requirements of the
Department of Defense with a principal focus on areas not being
carried out by other organizations in the private or public
sector; and
(2) to facilitate the exchange of information regarding
cyberthreats, technology, tools, and other relevant issues
between government and nongovernment organizations and
entities.
(c) Contractor Operation.--The Secretary shall enter into a
contract with a not-for-profit entity or consortium of not-for-profit
entities to organize and operate the institute. The Secretary shall use
competitive procedures for the selection of the contractor to the
extent determined necessary by the Secretary.
(d) Funding.--Of the amounts authorized to be appropriated under
section 301(5), $10,000,000 shall be available for the Institute for
Defense Computer Security and Information Protection.
(e) Report.--Not later than April 1, 2001, the Secretary shall
submit to the congressional defense committees the Secretary's plan for
implementing this section.
SEC. 1042. INFORMATION SECURITY SCHOLARSHIP PROGRAM.
(a) Establishment of Program.--(1) Part III of subtitle A of title
10, United States Code, is amended by adding at the end the following:
``CHAPTER 112--OTHER EDUCATIONAL ASSISTANCE PROGRAMS
``Sec.
``2200. Information security scholarship program.
``Sec. 2200. Information security scholarship program
``(a) Establishment.--To encourage the recruitment and retention of
Department of Defense personnel who have the computer and network
security skills necessary to meet Department of Defense information
assurance requirements, the Secretary of Defense may establish a
program to provide educational assistance in accordance with this
section to persons pursuing a program of education in disciplines
relevant to those requirements.
``(b) Eligible Persons.--The Secretary may provide educational
assistance under the program for pursuit of a baccalaureate or advanced
degree in a discipline referred to in subsection (a) at an institution
of higher education by a person entering into an agreement with the
Secretary of Defense as described in subsection (c).
``(c) Service Agreement.--(1) To receive educational assistance
under this section--
``(A) a member of the armed forces shall enter into an
agreement to serve on active duty in the member's armed force
for the period of obligated service determined under paragraph
(2);
``(B) an employee of the Department of Defense shall enter
into an agreement to continue in the employment of the
department for the period of obligated service determined under
paragraph (2); and
``(C) a person not referred to in subparagraph (A) or (B)
shall enter into an agreement--
``(i) to enlist or accept a commission in one of
the armed forces and to serve on active duty in that
armed force for the period of obligated service
determined under paragraph (2); or
``(ii) to accept and continue employment in the
Department of Defense for the period of obligated
service determined under paragraph (2).
``(2) For the purposes of this subsection, the period of obligated
service for a recipient of educational assistance under this section is
one year for each academic year (or fraction thereof) for which
educational assistance is provided. The period of obligated service is
in addition to any other period for which the recipient is obligated to
serve on active duty or in the civil service, as the case may be.
``(3) An agreement entered into under this section by a person
pursuing an academic degree shall include clauses that provide the
following:
``(A) That the period of obligated service begins on a date
after the award of the degree that is determined under the
regulations prescribed under subsection (g).
``(B) That the person will maintain satisfactory academic
progress, as determined in accordance with the regulations
prescribed under subsection (g), and that failure to maintain
such progress constitutes grounds for termination of the
educational assistance provided the person under this section.
``(C) Any other terms and conditions that the Secretary of
Defense determines appropriate for carrying out this section.
``(d) Amount of Assistance.--The amount of the educational
assistance provided for a person under this section shall be the amount
determined by the Secretary of Defense as being necessary to pay all
educational expenses incurred by that person, including tuition, fees,
books, and laboratory expenses, but not including expenses for room and
board. The expense paid, however, shall be limited to those educational
expenses normally incurred by students at the institution of higher
education involved.
``(e) Refund for Period of Unserved Obligated Service.--(1) A
person who voluntarily terminates service before the end of the period
of obligated service required under an agreement entered into under
subsection (c) shall refund to the United States an amount that bears
the same ratio to the amount of the educational assistance paid for the
person as the unserved part of such period bears to the total period.
``(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) The Secretary of Defense may waive, in whole or in part, a
refund required under paragraph (1) if 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) Effect of Discharge in Bankruptcy.--A discharge in bankruptcy
under title 11 that is entered less than 5 years after the termination
of an agreement under this section does not discharge the person
signing such agreement from a debt arising under such agreement or
under subsection (e).
``(g) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of any program established under
this section.
``(h) Inapplicability to Coast Guard.--This section does not apply
to the Coast Guard when it is not operating as a service in the Navy.
``(i) Definitions.--In this section:
``(1) The term `information assurance' includes the
following:
``(A) Computer security.
``(B) Network security.
``(C) Any other information technology that the
Secretary of Defense considers related to information
assurance.
``(2) The term `institution of higher education' has the
meaning given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).''.
(2) The tables of chapters at the beginning of subtitle A of title
10, United States Code, and the beginning of part III of such subtitle
are amended by inserting after the item relating to chapter 111 the
following:
``112. Other Educational Assistance Programs................ 2200''.
(b) Funding.--Of the amount authorized to be appropriated under
section 301(5), $20,000,000 shall be available for carrying out an
information security scholarship program under section 2200 of title
10, United States Code (as added by subsection (a)).
(c) Report.--Not later than April 1, 2001, the Secretary of Defense
shall submit to the congressional defense committees a plan for
implementing an information security scholarship program under section
2200 of title 10, United States Code.
SEC. 1043. PROCESS FOR PRIORITIZING BACKGROUND INVESTIGATIONS FOR
SECURITY CLEARANCES FOR DEPARTMENT OF DEFENSE PERSONNEL.
(a) Establishment of Process.--Chapter 80 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 1563. Security clearance investigations
``(a) Expedited Process.--The Secretary of Defense shall prescribe
a process for expediting the completion of the background
investigations necessary for granting security clearances for
Department of Defense personnel who are engaged in sensitive duties
that are critical to the national security.
``(b) Required Features.--The process developed under subsection
(a) shall provide for the following:
``(1) Quantification of the requirements for background
investigations necessary for grants of security clearances for
Department of Defense personnel.
``(2) Categorization of personnel on the basis of the
degree of sensitivity of their duties and the extent to which
those duties are critical to the national security.
``(3) Prioritization of the processing of background
investigations on the basis of the categories of personnel.
``(c) Annual Review.--The Secretary shall review, each year, the
process prescribed under subsection (a) and shall revise it as
determined necessary in relation to ongoing Department of Defense
missions.
``(d) Consultation Requirement.--The Secretary shall consult with
the Secretaries of the military departments and the heads of Defense
Agencies in carrying out this section.
``(e) Sensitive Duties.--For the purposes of this section, it is
not necessary for the performance of duties to involve classified
activities or classified matters in order for the duties to be
considered sensitive and critical to the national security.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``1563. Security clearance investigations.''.
SEC. 1044. AUTHORITY TO WITHHOLD CERTAIN SENSITIVE INFORMATION FROM
PUBLIC DISCLOSURE.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 130b the following new section:
``Sec. 130c. Nondisclosure of information: certain sensitive
information of foreign governments and international
organizations
``(a) Exemption From Disclosure.--The national security official
concerned (as defined in subsection (g)) may withhold from public
disclosure otherwise required by law sensitive information of foreign
governments in accordance with this section.
``(b) Information Eligible for Exemption.--For the purposes of this
section, information is sensitive information of a foreign government
only if the national security official concerned makes each of the
following determinations with respect to the information:
``(1) That the information was provided by, otherwise made
available by, or produced in cooperation with, a foreign
government or international organization.
``(2) That the foreign government or international
organization is withholding the information from public
disclosure (relying for that determination on the written
representation of the foreign government or international
organization to that effect).
``(3) That any of the following conditions are met:
``(A) The foreign government or international
organization requests, in writing, that the information
be withheld.
``(B) The information was provided or made
available to the United States Government on the
condition that it not be released to the public.
``(C) The information is an item of information, or
is in a category of information, that the national
security official concerned has specified in
regulations prescribed under subsection (f) as being
information the release of which would have an adverse
effect on the ability of the United States Government
to obtain the same or similar information in the
future.
``(c) Information of Other Agencies.--If the national security
official concerned provides to the head of another agency sensitive
information of a foreign government, as determined by that national
security official under subsection (b), and informs the head of the
other agency of that determination, then the head of the other agency
shall withhold the information from any public disclosure unless that
national security official specifically authorizes the disclosure.
``(d) Limitations.--(1) If a request for disclosure covers any
sensitive information of a foreign government (as described in
subsection (b)) that came into the possession or under the control of
the United States Government before the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2001 and more than
25 years before the request is received by an agency, the information
may be withheld only as set forth in paragraph (3).
``(2)(A) If a request for disclosure covers any sensitive
information of a foreign government (as described in subsection (b))
that came into the possession or under the control of the United States
Government on or after the date referred to in paragraph (1), the
authority to withhold the information under this section is subject to
the provisions of subparagraphs (B) and (C).
``(B) Information referred to in subparagraph (A) may not be
withheld under this section after--
``(i) the date that is specified by a foreign government or
international organization in a request or expression of a
condition described in paragraph (1) or (2) of subsection (b)
that is made by the foreign government or international
organization concerning the information; or
``(ii) if there are more than one such foreign governments
or international organizations, the latest date so specified by
any of them.
``(C) If no date is applicable under subparagraph (B) to a request
referred to in subparagraph (A) and the information referred to in that
subparagraph came into possession or under the control of the United
States more than 10 years before the date on which the request is
received by an agency, the information may be withheld under this
section only as set forth in paragraph (3).
``(3) Information referred to in paragraph (1) or (2)(C) may be
withheld under this section in the case of a request for disclosure
only if, upon the notification of each foreign government and
international organization concerned in accordance with the regulations
prescribed under subsection (g)(2), any such government or organization
requests in writing that the information not be disclosed for an
additional period stated in the request of that government or
organization. After the national security official concerned considers
the request of the foreign government or international organization,
the official shall designate a later date as the date after which the
information is not to be withheld under this section. The later date
may be extended in accordance with a later request of any such foreign
government or international organization under this paragraph.
``(e) Information Protected Under Other Authority.--This section
does not apply to information or matters that are specifically required
in the interest of national defense or foreign policy to be protected
against unauthorized disclosure under criteria established by an
Executive order and are classified, properly, at the confidential,
secret, or top secret level pursuant to such Executive order.
``(f) Disclosures Not Affected.--Nothing in this section shall be
construed to authorize any official to withhold, or to authorize the
withholding of, information from the following:
``(1) Congress.
``(2) The Comptroller General, unless the information
relates to activities that the President designates as foreign
intelligence or counterintelligence activities.
``(g) Regulations.--(1) The national security officials referred to
in subsection (h)(1) shall each prescribe regulations to carry out this
section. The regulations shall include criteria for making the
determinations required under subsection (b). The regulations may
provide for controls on access to and use of, and special markings and
specific safeguards for, a category or categories of information
subject to this section.
``(2) The regulations shall include procedures for notifying and
consulting with each foreign government or international organization
concerned about requests for disclosure of information to which this
section applies.
``(h) Definitions.--In this section:
``(1) The term `national security official concerned' means
the following:
``(A) The Secretary of Defense, with respect to
information of concern to the Department of Defense, as
determined by the Secretary.
``(B) The Secretary of Transportation, with respect
to information of concern to the Coast Guard, as
determined by the Secretary, but only while the Coast
Guard is not operating as a service in the Navy.
``(C) The Secretary of Energy, with respect to
information concerning the national security programs
of the Department of Energy, as determined by the
Secretary.
``(2) The term `agency' has the meaning given that term in
section 552(f) of title 5.
``(3) The term `international organization' means the
following:
``(A) A public international organization
designated pursuant to section 1 of the International
Organizations Immunities Act (59 Stat. 669; 22 U.S.C.
288) as being entitled to enjoy the privileges,
exemptions, and immunities provided in such Act.
``(B) A public international organization created
pursuant to a treaty or other international agreement
as an instrument through or by which two or more
foreign governments engage in some aspect of their
conduct of international affairs.
``(C) An official mission, except a United States
mission, to a public international organization
referred to in subparagraph (A) or (B).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
130b the following new item:
``130c. Nondisclosure of information: certain sensitive information of
foreign governments and international
organizations.''.
SEC. 1045. PROTECTION OF OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE
AGENCY.
(a) Authority.--Subchapter I of chapter 21 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 426. Protection of sensitive information: operational files of
the Defense Intelligence Agency
``(a) Authority To Withhold Operational Files.--The Secretary of
Defense may withhold from public disclosure operational files described
in subsection (b) to the same extent that operational files may be
withheld under section 701 of the National Security Act of 1947 (50
U.S.C. 431), subject to judicial review under the same circumstances
and to the same extent as is provided in subsection (f) of such
section.
``(b) Decennial Review of Exempted Operational Files.--Section 702
of the National Security Act of 1947 (50 U.S.C. 432), setting forth
requirements for decennial review of exemptions from public disclosure
and related provisions for judicial review shall apply with respect to
the exemptions from public disclosure that are in force under
subsection (a), subject to the following requirements:
``(1) The Secretary of Defense shall conduct the decennial
review under this subsection.
``(2) In the application of the judicial review provisions
under subsection (c) of such section 702--
``(A) the references to the Central Intelligence
Agency shall be deemed to refer to the Secretary of
Defense; and
``(B) the reference in paragraph (1) of that
subsection to the period for the first review shall be
deemed to refer to the 10-year period beginning on the
day after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2001.
``(c) Operational Files Defined.--In this section, the term
`operational files' has the meaning given that term in section 701(b)
of the National Security Act of 1947 (50 U.S.C. 431(b)), except that
the references to elements of the Central Intelligence Agency do not
apply.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following:
``426. Protection of sensitive information: operational files of the
Defense Intelligence Agency.''.
Subtitle F--Other Matters
SEC. 1051. COMMEMORATION OF THE FIFTIETH ANNIVERSARY OF THE UNIFORM
CODE OF MILITARY JUSTICE.
(a) Findings.--Congress makes the following findings:
(1) The American military justice system predates the
United States itself, having had a continuous existence since
the enactment of the first American Articles of War by the
Continental Congress in 1775.
(2) Pursuant to article I of the Constitution, which
explicitly empowers Congress ``To make Rules for the Government
and Regulation of the land and naval Forces'', Congress enacted
the Articles of War and an Act to Govern the Navy, which were
revised on several occasions between the ratification of the
Constitution and the end of World War II.
(3) Dissatisfaction with the administration of military
justice in World War I and World War II led both to significant
statutory reforms in the Articles of War and to the convening
of a committee, under Department of Defense auspices, to draft
a uniform code of military justice applicable to all of the
Armed Forces.
(4) The committee, chaired by Professor Edmund M. Morgan of
Harvard Law School, made recommendations that formed the basis
of bills introduced in Congress to establish such a uniform
code of military justice.
(5) After lengthy hearings and debate on the congressional
proposals, the Uniform Code of Military Justice was enacted
into law on May 5, 1950, when President Harry S. Truman signed
the legislation.
(6) President Truman then issued a revised Manual for
Courts-Martial implementing the new code, and the code became
effective on May 31, 1951.
(7) One of the greatest innovations of the Uniform Code of
Military Justice was the establishment of a civilian court of
appeals within the military justice system. That court, the
United States Court of Military Appeals (now the United States
Court of Appeals for the Armed Forces), held its first session
on July 25, 1951.
(8) Congress enacted major revisions of the Uniform Code of
Military Justice in 1968 and 1983 and, in addition, has amended
the code from time to time over the years as practice under the
code indicated a need for updating the substance or procedure
of the law of military justice.
(9) The evolution of the system of military justice under
the Uniform Code of Military Justice may be traced in the
decisions of the Courts of Criminal Appeals of each of the
Armed Forces and the decisions of the United States Court of
Appeals for the Armed Forces. These courts have produced a
unique body of jurisprudence upon which commanders and judge
advocates rely in the performance of their duties.
(10) It is altogether fitting that the fiftieth anniversary
of the Uniform Code of Military Justice be duly commemorated.
(b) Commemoration.--The Congress--
(1) requests the President to issue a proclamation
commemorating the fiftieth anniversary of the Uniform Code of
Military Justice; and
(2) calls upon the Department of Defense, the Armed Forces,
and the United States Court of Appeals for the Armed Forces to
commemorate the occasion with ceremonies and activities
befitting its importance.
SEC. 1052. TECHNICAL CORRECTIONS.
(a) Threshold Date for Effectiveness of Agreements To Make an SBP
Election.--(1) Section 657(a)(1)(A) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
668; 10 U.S.C. 1450 note) is amended by striking ``August 21, 1983''
and inserting ``August 19, 1983''.
(2) The amendment made by paragraph (1) shall take effect as of
October 5, 1999, and shall apply as if included in section 657(a)(1)(A)
of Public Law 106-65 on that date.
(b) State of Incorporation of Fleet Reserve Association.--Sections
70102(a) and 70108(a) of title 36, United States Code, are amended by
striking ``Delaware'' and inserting ``Pennsylvania''.
SEC. 1053. ELIGIBILITY OF DEPENDENTS OF AMERICAN RED CROSS EMPLOYEES
FOR ENROLLMENT IN DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENT SCHOOLS IN PUERTO RICO.
Section 2164 of title 10, United States Code, is amended by adding
at the end the following:
``(i) American Red Cross Employee Dependents in Puerto Rico.--(1)
The Secretary of Defense may authorize a dependent of an employee of
the American Red Cross performing armed forces emergency services in
Puerto Rico to enroll in an educational program provided by the
Secretary pursuant to subsection (a) in Puerto Rico.
``(2) In determining the dependency status of any person for the
purposes of paragraph (1), the Secretary shall apply the same
definitions as apply to the determination of such status with respect
to Federal employees in the administration of this section.
``(3) The Secretary shall be paid for the educational services and
related items provided to a student under paragraph (1). To determine
the amount for educational services, the Secretary shall allocate to
the student a share, considered appropriate by the Secretary, of the
costs of providing the educational program in which the student is
enrolled. The Secretary shall enter into such agreements or take such
other actions as the Secretary determines necessary to ensure that the
payments required under this paragraph are made.''.
SEC. 1054. GRANTS TO AMERICAN RED CROSS FOR ARMED FORCES EMERGENCY
SERVICES.
(a) Grants Authorized.--The Secretary of Defense may, subject to
subsection (b), make a grant to the American Red Cross of up to
$9,400,000 in each of fiscal years 2001, 2002, and 2003 for the support
of the Armed Forces Emergency Services program of the American Red
Cross.
(b) Matching Requirement.--A grant may not be made for a fiscal
year under subsection (a) until the Secretary receives from the
American Red Cross a certification providing assurances satisfactory to
the Secretary that the American Red Cross will expend for the Armed
Forces Emergency Services program for that fiscal year funds, derived
from sources other than the Federal Government, in a total amount that
equals or exceeds the amount of the grant.
(c) Funding.--Of the amount authorized to be appropriated by
section 301 for operation and maintenance for Defense-wide activities,
$9,400,000 shall be available for grants made under this section.
SEC. 1055. TRANSIT PASS PROGRAM FOR CERTAIN DEPARTMENT OF DEFENSE
PERSONNEL.
(a) Establishment of Program.--To encourage Department of Defense
personnel in areas described in subsection (b) to use means other than
single-occupancy motor vehicles to commute to or from work, the
Secretary of Defense shall exercise the authority provided in section
7905 of title 5, United States Code, to establish a program to provide
the personnel in such areas with a transit pass benefit under
subsection (b)(2)(A) of such section.
(b) Covered Areas.--The Secretary shall establish the program
required by subsection (a) in the areas which do not meet the revised
national ambient air quality standards under section 109 of the Clean
Air Act (42 U.S.C. 7409).
(c) Time for Implementation.--The Secretary shall prescribe the
effective date for the program required under subsection (a). The
effective date so prescribed may not be later than the first day of the
first month that begins on or after the date that is 180 days after the
date of the enactment of this Act.
SEC. 1056. FEES FOR PROVIDING HISTORICAL INFORMATION TO THE PUBLIC.
(a) Army.--(1) Chapter 437 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 4595. Army Military History Institute: fee for providing
historical information to the public
``(a) Authority.--Except as provided in subsection (b), the
Secretary of the Army may charge a person a fee for providing the
person with information from the United States Army Military History
Institute that is requested by that person.
``(b) Exceptions.--A fee may not be charged under this section--
``(1) to a person for information that the person requests
to carry out a duty as a member of the armed forces or an
officer or employee of the United States; or
``(2) for a release of information under section 552 of
title 5.
``(c) Limitation on Amount.--A fee charged for providing
information under this section may not exceed the cost of providing the
information.
``(d) Retention of Fees.--Amounts received under subsection (a) for
providing information in any fiscal year shall be credited to the
appropriation or appropriations charged the costs of providing
information to the public from the United States Army Military History
Institute during that fiscal year.
``(e) Definitions.--In this section:
``(1) The term `United States Army Military History
Institute' means the archive for historical records and
materials of the Army that the Secretary of the Army designates
as the primary archive for such records and materials.
``(2) The terms `officer of the United States' and
`employee of the United States' have the meanings given the
terms `officer' and `employee', respectively, in sections 2104
and 2105, respectively, of title 5.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``4595. Army Military History Institute: fee for providing historical
information to the public.''.
(b) Navy.--(1) Chapter 649 of such title 10 is amended by adding at
the end the following new section:
``Sec. 7582. Naval and Marine Corps Historical Centers: fee for
providing historical information to the public
``(a) Authority.--Except as provided in subsection (b), the
Secretary of the Navy may charge a person a fee for providing the
person with information from the United States Naval Historical Center
or the Marine Corps Historical Center that is requested by that person.
``(b) Exceptions.--A fee may not be charged under this section--
``(1) to a person for information that the person requests
to carry out a duty as a member of the armed forces or an
officer or employee of the United States; or
``(2) for a release of information under section 552 of
title 5.
``(c) Limitation on Amount.--A fee charged for providing
information under this section may not exceed the cost of providing the
information.
``(d) Retention of Fees.--Amounts received under subsection (a) for
providing information from the United States Naval Historical Center or
the Marine Corps Historical Center in any fiscal year shall be credited
to the appropriation or appropriations charged the costs of providing
information to the public from that historical center during that
fiscal year.
``(e) Definitions.--In this section:
``(1) The term `United States Naval Historical Center'
means the archive for historical records and materials of the
Navy that the Secretary of the Navy designates as the primary
archive for such records and materials.
``(2) The term `Marine Corps Historical Center' means the
archive for historical records and materials of the Marine
Corps that the Secretary of the Navy designates as the primary
archive for such records and materials.
``(3) The terms `officer of the United States' and
`employee of the United States' have the meanings given the
terms `officer' and `employee', respectively, in sections 2104
and 2105, respectively, of title 5.''.
(2) The heading of such chapter is amended by striking ``related''.
(3)(A) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``7582. Naval and Marine Corps Historical Centers: fee for providing
historical information to the public.''.
(B) The item relating to such chapter in the tables of chapters at
the beginning of subtitle C of title 10, United States Code, and the
beginning of part IV of such subtitle is amended by striking out
``Related''.
(c) Air Force.--(1) Chapter 937 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 9594. Air Force Military History Institute: fee for providing
historical information to the public
``(a) Authority.--Except as provided in subsection (b), the
Secretary of the Air Force may charge a person a fee for providing the
person with information from the United States Air Force Military
History Institute that is requested by that person.
``(b) Exceptions.--A fee may not be charged under this section--
``(1) to a person for information that the person requests
to carry out a duty as a member of the armed forces or an
officer or employee of the United States; or
``(2) for a release of information under section 552 of
title 5.
``(c) Limitation on Amount.--A fee charged for providing
information under this section may not exceed the cost of providing the
information.
``(d) Retention of Fees.--Amounts received under subsection (a) for
providing information in any fiscal year shall be credited to the
appropriation or appropriations charged the costs of providing
information to the public from the United States Air Force Military
History Institute during that fiscal year.
``(e) Definitions.--In this section:
``(1) The term `United States Air Force Military History
Institute' means the archive for historical records and
materials of the Air Force that the Secretary of the Air Force
designates as the primary archive for such records and
materials.
``(2) The terms `officer of the United States' and
`employee of the United States' have the meanings given the
terms `officer' and `employee', respectively, in sections 2104
and 2105, respectively, of title 5.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``9594. Air Force Military History Institute: fee for providing
historical information to the public.''.
SEC. 1057. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION FOR NATIONAL
SECURITY PURPOSES.
(a) Conditions for Availability of Information.--Subsection (b) of
section 9101 of title 5, United States Code, is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraph (2) as paragraph (4);
(3) in paragraph (1)--
(A) in the first sentence--
(i) by inserting ``the Department of
Transportation,'' after ``the Department of
State,''; and
(ii) by inserting ``the following:'' after
``eligibility for''; and
(B) by striking ``(A) access to classified
information'' and all that follows through the end of
the paragraph and inserting the following:
``(A) Access to classified information.
``(B) Assignment to or retention in sensitive national
security duties.
``(C) Acceptance or retention in the armed forces.
``(D) Appointment, retention, or assignment to a position
of public trust or a critical or sensitive position while
either employed by the Federal Government or performing a
Federal Government contract.
``(2) If the criminal justice agency possesses the capability to
provide automated criminal history record information based on a search
of its records by name and other common identifiers, the agency shall
provide the requester with full criminal history record information for
individuals who meet the matching criteria.
``(3) Fees, if any, charged for providing criminal history record
information pursuant to this subsection may not exceed the reasonable
cost of providing such information through an automated name search.'';
and
(4) by adding at the end the following:
``(5) A criminal justice agency may not require, as a condition for
the release of criminal history record information under this
subsection, that any official of a department or agency named in
paragraph (1) enter into an agreement with a State or local government
to indemnify and hold harmless the State or locality for damages,
costs, or other monetary loss arising from the disclosure or use by
that department or agency of criminal history record information
obtained from the State or local government pursuant to this
subsection.''.
(b) Use of Automated Information Delivery Systems.--Such section is
further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e)(1) Automated information delivery systems shall be used to
provide criminal history record information a department or agency
under subsection (b) whenever available.
``(2) Fees, if any, charged for automated access through such
systems may not exceed the reasonable cost of providing such access.
``(3) The criminal justice agency providing the criminal history
record information through such systems may not limit disclosure on the
basis that the repository is accessed from outside the State.
``(4) Information provided through such systems shall be the full
and complete criminal history record.
``(5) Criminal justice agencies shall accept and respond to
requests for criminal history record information through such systems
with printed or photocopied records when requested.''.
SEC. 1058. SENSE OF CONGRESS ON THE NAMING OF THE CVN-77 AIRCRAFT
CARRIER.
(a) Findings.--Congress makes the following findings:
(1) Over the last three decades Congress has authorized and
appropriated funds for a total of 10 ``NIMITZ'' class aircraft
carriers.
(2) The last vessel in the ``NIMITZ'' class of aircraft
carriers, CVN-77, is currently under construction and will be
delivered in 2008.
(3) The first nine vessels in this class bear the following
proud names:
(A) U.S.S. Nimitz (CVN-68).
(B) U.S.S. Dwight D. Eisenhower (CVN-69).
(C) U.S.S. Carl Vinson (CVN-70).
(D) U.S.S. Theodore Roosevelt (CVN-71).
(E) U.S.S. Abraham Lincoln (CVN-72).
(F) U.S.S. George Washington (CVN-73).
(G) U.S.S. John C. Stennis (CVN-74).
(H) U.S.S. Harry S. Truman (CVN-75).
(I) U.S.S. Ronald Reagan (CVN-76).
(4) It is appropriate for Congress to recommend to the
President, as Commander in Chief of the Armed Forces, an
appropriate name for the final vessel in the ``NIMITZ'' class
of aircraft carriers.
(5) Over the last 25 years the vessels in the ``NIMITZ''
class of aircraft carriers have served as one of the principal
means of United States diplomacy and as one of the principal
means for the defense of the United States and our allies
around the world.
(6) The name bestowed upon aircraft carrier CVN-77 should
embody the American spirit and provide a lasting symbol of the
American commitment to freedom.
(7) The name ``Lexington' has been a symbol of freedom from
the first battle of the American Revolution.
(8) The two aircraft carriers previously named U.S.S.
Lexington (the CV-2 and the CV-16) served our Nation for 64
years, served in World War II, and earned 13 battle stars.
(9) One of those honored vessels, the CV-2, was lost after
having given gallant fight at the Battle of Coral Sea in 1942.
(b) Sense of Congress.--It is the sense of Congress that the CVN-77
aircraft carrier should be named the ``U.S.S. Lexington''--
(1) in order to honor the men and women who served in the
Armed Forces of the United States during World War II, and the
incalculable number of United States citizens on the home front
during that war, who mobilized in the name of freedom, and who
are today respectfully referred to as the ``Greatest
Generation''; and
(2) as a special tribute to the 16,000,000 veterans of the
Armed Forces who served on land, sea, and air during World War
II (of whom less than 6,000,000 remain alive today) and a
lasting symbol of their commitment to freedom as they pass on
having proudly taken their place in history.
SEC. 1059. DONATION OF CIVIL WAR CANNON.
(a) Authority.--The Secretary of the Army shall convey all right,
title, and interest of the United States in and to the Civil War era
cannon described in subsection (b) to the Edward Dorr Tracey, Jr. Camp
18 of the Sons of the Confederate Veterans.
(b) Property To Be Conveyed.--The cannon referred to in subsection
(a) is a 12-pounder Napoleon cannon bearing the following markings:
(1) On the top: ``CS''.
(2) On the face of the muzzle: ``Macon Arsenal, 1864/No.41/
1164 ET''.
(3) On the right trunnion: ``Macon Arsenal GEO/1864/No.41/
WT.1164/E.T.''.
(c) Consideration.--No consideration may be required by the
Secretary for the conveyance of the cannon under this section.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under this section as the Secretary considers appropriate to protect
the interests of the United States.
(e) Relationship to Other Law.--The conveyance required under this
section may be carried out without regard to the Act entitled ``An Act
for the preservation of American antiquities'', approved June 8, 1906
(34 Stat. 225; 16 U.S.C. 431 et seq.), popularly referred to as the
``Antiquities Act of 1906''.
SEC. 1060. MAXIMUM SIZE OF PARCEL POST PACKAGES TRANSPORTED OVERSEAS
FOR ARMED FORCES POST OFFICES.
Section 3401(b) of title 39, United States Code, is amended by
striking ``100 inches in length and girth combined'' in paragraphs (2)
and (3) and inserting ``the maximum size allowed by the Postal Service
for fourth class parcel post (known as `Standard Mail (B)'''.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
SEC. 1101. COMPUTER/ELECTRONIC ACCOMMODATIONS PROGRAM.
(a) Authority To Expand Program.--(1) Chapter 81 of title 10,
United States Code, is amended by inserting after section 1581 the
following:
``Sec. 1582. Assistive technology, assistive technology devices, and
assistive technology services
``(a) Authority.--The Secretary of Defense may provide assistive
technology, assistive technology devices, and assistive technology
services to the following:
``(1) Department of Defense employees with disabilities.
``(2) Organizations within the department that have
requirements to make programs or facilities accessible to and
usable by persons with disabilities.
``(3) Any other department or agency of the Federal
Government, upon the request of the head of that department or
agency, for its employees with disabilities or for satisfying a
requirement to make its programs or facilities accessible to
and usable by persons with disabilities.
``(b) Definitions.--In this section, the terms `assistive
technology', `assistive technology device', `assistive technology
service', and `disability' have the meanings given the terms in section
3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002).''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1581 the
following:
``1582. Assistive technology, assistive technology devices, and
assistive technology services.''.
(b) Funding.--Of the amount authorized to be appropriated under
section 301(5) for operation and maintenance for Defense-wide
activities, not more than $2,000,000 is available for the purpose of
expanding and administering the Computer/Electronic Accommodation
Program of the Department of Defense to provide under section 1582 of
title 10, United States Code (as added by subsection (a)), the
technology, devices, and services described in that section.
SEC. 1102. ADDITIONAL SPECIAL PAY FOR FOREIGN LANGUAGE PROFICIENCY
BENEFICIAL FOR UNITED STATES NATIONAL SECURITY INTERESTS.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by inserting after section 1596 the following new section:
``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) has been certified by the Secretary to be proficient
in a foreign language identified by the Secretary as being a
language in which proficiency by civilian personnel of the
department is necessary because of national security interests;
``(2) is assigned duties requiring proficiency in that
foreign language; and
``(3) is not receiving special pay under section 1596 of
this title.
``(b) Rate.--The rate of special pay for an employee under this
section shall be prescribed by the Secretary, but may not exceed five
percent of the employee's rate of basic pay.
``(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.
``(d) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.''.
(b) Amendment To Distinguish Other Foreign Language Proficiency
Special Pay.--The heading for section 1596 of title 10, United States
Code, is amended to read as follows:
``Sec. 1596. Foreign language proficiency: special pay for proficiency
beneficial for intelligence interests''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of such title is amended by striking the item relating to
section 1596 and inserting the following:
``1596. Foreign language proficiency: special pay for proficiency
beneficial for intelligence interests.
``1596a. Foreign language proficiency: special pay for proficiency
beneficial for other national security
interests.''.
SEC. 1103. INCREASED NUMBER OF POSITIONS AUTHORIZED FOR THE DEFENSE
INTELLIGENCE SENIOR EXECUTIVE SERVICE.
Section 1606(a) of title 10, United States Code, is amended by
striking ``492'' and inserting ``517''.
SEC. 1104. EXTENSION OF AUTHORITY FOR TUITION REIMBURSEMENT AND
TRAINING FOR CIVILIAN EMPLOYEES IN THE DEFENSE
ACQUISITION WORKFORCE.
Section 1745(a) of title 10, United States Code, is amended by
striking ``September 30, 2001'' in the second sentence and inserting
``September 30, 2010''.
SEC. 1105. WORK SAFETY DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary of Defense shall carry out a
defense employees work safety demonstration program.
(b) Private Sector Work Safety Models.--Under the demonstration
program, the Secretary shall--
(1) adopt for use in the workplace of employees of the
Department of Defense such work safety models used by employers
in the private sector that the Secretary considers as being
representative of the best work safety practices in use by
private sector employers; and
(2) determine whether the use of those practices in the
Department of Defense improves the work safety record of
Department of Defense employees.
(c) Sites.--(1) The Secretary shall carry out the demonstration
program--
(A) at not fewer than two installations of each of the
Armed Forces (other than the Coast Guard), for employees of the
military department concerned; and
(B) in at least two Defense Agencies (as defined in section
101(a)(11) of title 10, United States Code).
(2) The Secretary shall select the installations and Defense
Agencies from among the installations and Defense Agencies listed in
the Federal Worker 2000 Presidential Initiative.
(d) Period for Program.--The demonstration program shall begin not
later than 180 days after the date of the enactment of this Act and
shall terminate on September 30, 2002.
(e) Reports.--(1) The Secretary of Defense shall submit an interim
report on the demonstration program to the Committees on Armed Services
of the Senate and the House of Representatives not later than December
1, 2001. The interim report shall contain, at a minimum, for each site
of the demonstration program the following:
(A) A baseline assessment of the lost workday injury rate.
(B) A comparison of the lost workday injury rate for fiscal
year 2000 with the lost workday injury rate for fiscal year
1999.
(C) The direct and indirect costs associated with all lost
workday injuries.
(2) The Secretary of Defense shall submit a final report on the
demonstration program to the Committees on Armed Services of the Senate
and the House of Representatives not later than December 1, 2002. The
final report shall contain, at a minimum, for each site of the
demonstration program the following:
(A) The Secretary's determination on the issue stated in
subsection (b)(2).
(B) A comparison of the lost workday injury rate under the
program with the baseline assessment of the lost workday injury
rate.
(C) The lost workday injury rate for fiscal year 2002.
(D) A comparison of the direct and indirect costs
associated with all lost workday injuries for fiscal year 2002
with the direct and indirect costs associated with all lost
workday injuries for fiscal year 2001.
(f) Funding.--Of the amount authorized to be appropriated under
section 301(5), $5,000,000 shall be available for the demonstration
program under this section.
SEC. 1106. EMPLOYMENT AND COMPENSATION OF EMPLOYEES FOR TEMPORARY
ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE ORDER.
(a) In General.--Chapter 31 of title 5, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR
EXECUTIVE ORDER
``Sec. 3161. Employment and compensation of employees
``(a) Definition of Temporary Organization.--For the purposes of
this subchapter, the term `temporary organization' means a commission,
committee, board, or other organization that--
``(1) is established by law or Executive order for a
specific period not in excess of 3 years for the purpose of
performing a specific study or other project; and
``(2) is terminated upon the completion of the study or
project or upon the occurrence of a condition related to the
completion of the study or project.
``(b) Employment Authority.--(1) Notwithstanding the provisions of
chapter 51 of this title, the head of an Executive agency may appoint
persons to positions of employment in a temporary organization in such
numbers and with such skills as are necessary for the performance of
the functions required of a temporary organization.
``(2) The period of an appointment under paragraph (1) may not
exceed three years, except that under regulations prescribed by the
Office of Personnel Management the period of appointment may be
extended for up to an additional two years.
``(3) The positions of employment in a temporary organization are
in the excepted service of the civil service.
``(c) Detail Authority.--Upon the request of the head of a
temporary organization, the head of any department or agency of the
Government may detail, on a nonreimbursable basis, any personnel of the
department or agency to that organization to assist in carrying out its
duties.
``(d) Compensation.--(1) The rate of basic pay for an employee
appointed under subsection (b) shall be established under regulations
prescribed by the Office of Personnel Management without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of this
title.
``(2) The rate of basic pay for the chairman, a member, an
executive director, a staff director, or another executive level
position of a temporary organization may not exceed the maximum rate of
basic pay established for the Senior Executive Service under section
5382 of this title.
``(3) Except as provided in paragraph (4), the rate of basic pay
for other positions in a temporary organization may not exceed the
maximum rate of basic pay for grade GS-15 of the General Schedule under
section 5332 of this title.
``(4) The rate of basic pay for a senior staff position of a
temporary organization may, in a case determined by the head of the
temporary organization as exceptional, exceed the maximum rate of basic
pay authorized under paragraph (3), but may not exceed the maximum rate
of basic pay authorized for an executive level position under paragraph
(2).
``(5) In this subsection, the term `basic pay' includes locality
pay provided for under section 5304 of this title.
``(e) Travel Expenses.--An employee of a temporary organization,
whether employed on a full-time or part-time basis, may be allowed
travel and transportation expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of this title, while traveling away from the
employee's regular place of business in the performance of services for
the temporary organization.
``(f) Benefits.--(1) An employee appointed under subsection (b)
shall be afforded the same benefits and entitlements as are provided
other employees under subpart G of part III of this title, except that
a full-time employee shall be eligible for life insurance under chapter
87 of this title and health benefits under chapter 89 of this title
immediately upon appointment to the position of full-time employment
without regard to the duration of the temporary organization or of the
appointment to that position of the temporary organization.
``(2) Until an employee of a temporary organization has completed
one year of continuous service in the civil service, there shall be
withheld from the employee's pay the following:
``(A) In the case of an employee insured pursuant to
paragraph (1) by an insurance policy purchased by the Office
under chapter 87 of this title, the amount equal to the amount
of the Government contribution under section 8708 of this
title, as well as the amount required to be withheld from the
pay of the employee under section 8707 of this title, all of
which shall be deposited in the Treasury of the United States
to the credit of the Employees' Life Insurance Fund referred to
in section 8714 of this title.
``(B) In the case of an employee participating pursuant to
paragraph (1) in a Federal Employees Health Benefits plan under
chapter 89 of this title, the amount equal to the amount of the
Government contribution under section 8906 of this title, as
well as the amount required to be withheld from the pay of the
employee under section 8906 of this title, all of which shall
be paid into the Employees Health Benefits Fund referred to in
section 8909 of this title.
``(3) No contribution shall be made by the United States for an
employee under section 8708 or 8906 of this title for any period for
which subparagraph (A) or (B), respectively, of paragraph (2) applies
to the employee.
``(g) Return Rights.--An employee serving under a career or career
conditional appointment or the equivalent in an agency who transfers to
or converts to an appointment in a temporary organization with the
consent of the head of the agency is entitled to be returned to the
employee's former position or a position of like seniority, status, and
pay without grade or pay retention in the agency if the employee--
``(1) is being separated from the temporary organization
for reasons other than misconduct, neglect of duty, or
malfeasance; and
``(2) applies for return not later than 30 days before the
earlier of--
``(A) the date of the termination of the employment
in the temporary organization; or
``(B) the date of the termination of the temporary
organization.
``(h) Temporary and Intermittent Services.--The head of a temporary
organization may procure for the organization temporary and
intermittent services under section 3109(b) of this title.
``(i) Acceptance of Volunteer Services.--(1) The head of a
temporary organization may accept volunteer services appropriate to the
duties of the organization without regard to section 1342 of title 31.
``(2) Donors of voluntary services accepted for a temporary
organization under this subsection may include the following:
``(A) Advisors.
``(B) Experts.
``(C) Members of the commission, committee, board, or other
temporary organization, as the case may be.
``(D) A person performing services in any other capacity
determined appropriate by the head of the temporary
organization.
``(3) The head of the temporary organization--
``(A) shall ensure that each person performing voluntary
services accepted under this subsection is notified of the
scope of the voluntary services accepted;
``(B) shall supervise the volunteer to the same extent as
employees receiving compensation for similar services; and
``(C) shall ensure that the volunteer has appropriate
credentials or is otherwise qualified to perform in each
capacity for which the volunteer's services are accepted.
``(4) A person providing volunteer services accepted under this
subsection shall be considered an employee of the Federal Government in
the performance of those services for the purposes of the following
provisions of law:
``(A) Chapter 81 of this title, relating to compensation
for work-related injuries.
``(B) Chapter 171 of title 28, relating to tort claims.
``(C) Chapter 11 of title 18, relating to conflicts of
interest.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR
EXECUTIVE ORDER
``Sec.
``3161. Employment and compensation of employees.''.
SEC. 1107. EXTENSION OF AUTHORITY FOR VOLUNTARY SEPARATIONS IN
REDUCTIONS IN FORCE.
Section 3502(f)(5) of title 5, United States Code, is amended by
striking ``September 30, 2001'' and inserting ``September 30, 2005''.
SEC. 1108. ELECTRONIC MAINTENANCE OF PERFORMANCE APPRAISAL SYSTEMS.
Section 4302 of title 5, United States Code, is amended by adding
at the end the following:
``(c) The head of an agency may administer and maintain its
performance appraisal systems electronically in accordance with
regulations which the Office shall prescribe.''.
SEC. 1109. APPROVAL AUTHORITY FOR CASH AWARDS IN EXCESS OF $10,000.
Section 4502 of title 5, United States Code, is amended by adding
at the end the following:
``(f) The Secretary of Defense may grant a cash award under
subsection (b) of this section without regard to the requirements for
certification and approval provided in that subsection.''.
SEC. 1110. LEAVE FOR CREWS OF CERTAIN VESSELS.
Section 6305(c)(2) of title 5, United States Code, is amended to
read as follows:
``(2) may not be made the basis for a lump-sum payment,
except that civil service mariners of the Military Sealift
Command on temporary promotion aboard ship may be paid the
difference between their temporary and permanent rates of pay
for leave accrued and not otherwise used during the temporary
promotion upon the expiration or termination of the temporary
promotion; and''.
SEC. 1111. LIFE INSURANCE FOR EMERGENCY ESSENTIAL DEPARTMENT OF DEFENSE
EMPLOYEES.
Section 8702 of title 5, United States Code, is amended by adding
at the end the following new subsection:
``(c) Notwithstanding a notice previously given under subsection
(b), an employee of the Department of Defense who is designated as an
emergency essential employee under section 1580 of title 10 shall be
insured if the employee, within 60 days after the date of the
designation, elects to be insured under a policy of insurance under
this chapter. An election under the preceding sentence shall be
effective when provided to the Office in writing, in the form
prescribed by the Office, within such 60-day period.''.
SEC. 1112. CIVILIAN PERSONNEL SERVICES PUBLIC-PRIVATE COMPETITION PILOT
PROGRAM.
(a) Program Required.--The Secretary of Defense shall establish a
pilot program to assess the extent to which the effectiveness and
efficiency of the performance of civilian personnel services for the
Department of Defense could be increased by conducting competitions for
the performance of such services between the public and private
sectors. The pilot program under this section shall be known as the
``Civilian Personnel Services Public-Private Competition Program''.
(b) Civilian Personnel Regions To Be Included.--(1) The pilot
program shall be carried out in four civilian personnel regions, as
follows:
(A) In one region, for the civilian personnel services for
the Department of the Army.
(B) In two regions, for the civilian personnel services for
the Department of the Navy.
(C) In one region, for the civilian personnel services for
any military department or for any organization within the
Department of Defense that is not within a military department.
(2) The Secretary shall designate the regions to participate in the
pilot program. The Secretary shall select the regions for designation
from among the regions where the conduct of civilian personnel
operations are most conducive to public-private competition. In making
the selections, the Secretary shall consult with the Secretary of the
Army, the Secretary of the Navy, and the Director of Washington
Headquarters Services.
(c) Right of First Refusal for Displace Federal Employees.--The
Secretary of Defense shall take the actions necessary to ensure that,
in the case of a conversion to private sector performance under the
pilot program, employees of the United States who are displaced by the
conversion have the right of first refusal for jobs for which they are
qualified that are created by the conversion.
(d) Duration and Coverage of the Program.--The pilot program shall
be carried out during the period beginning on October 1, 2000, and
ending on December 31, 2004.
(e) Authority To Expand Program.--The Secretary may expand the
pilot program to include other regions.
(f) Report.--Not later than February 1, 2005, the Secretary shall
submit a report on the pilot program to the Committees on Armed
Services of the Senate and the House of Representatives. The report
shall include the following:
(1) The Secretary's assessment of the value of the actions
taken in the administration of the pilot program for increasing
the effectiveness and efficiency of the performance of civilian
personnel services for the Department of Defense in the regions
covered by the pilot program, as compared to the performance of
civilian personnel services for the department in regions not
included in the pilot program.
(2) Any recommendations for legislation or other action
that the Secretary considers appropriate to increase the
effectiveness and efficiency of the performance of civilian
personnel services for the Department of Defense in all
regions.
SEC. 1113. EXTENSION, EXPANSION, AND REVISION OF AUTHORITY FOR
EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND
TECHNICAL PERSONNEL.
(a) Extension of Program.--Section 1101 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 112 Stat. 2139; 5 U.S.C. 3104 note) is amended--
(1) in subsection (a), by striking ``the 5-year period
beginning on the date of the enactment of this Act'' and
inserting ``the program period specified in subsection
(e)(1)'';
(2) in subsection (e), by striking paragraph (1) and
inserting the following:
``(1) The period for carrying out the program authorized under this
section begins on October 17, 1998, and ends on October 16, 2005.'';
and
(3) in subsection (f), by striking ``on the day before the
termination of the program'' and inserting ``on the last day of
the program period specified in subsection (e)(1)''.
(b) Expansion of Scope.--Subsection (a) of such section, as amended
by subsection (a)(1) of this section, is further amended by inserting
before the period at the end the following: ``and research and
development projects administered by laboratories designated for the
program by the Secretary from among the laboratories of each of the
military departments''.
(c) Limitation on Number of Appointments.--Subsection (b)(1) of
such section is amended to read as follows:
``(1) without regard to any provision of title 5, United
States Code, governing the appointment of employees in the
civil service, appoint scientists and engineers from outside
the civil service and uniformed services (as such terms are
defined in section 2101 of such title) to--
``(A) not more than 40 scientific and engineering
positions in the Defense Advanced Research Projects
Agency;
``(B) not more than 40 scientific and engineering
positions in the designated laboratories of each of the
military services; and
``(C) not more than a total of 10 scientific and
engineering positions in the National Imagery and
Mapping Agency and the National Security Agency.''.
(d) Rates of Pay for Appointees.--Subsection (b)(2) of such section
is amended by inserting after ``United States Code,'' the following:
``as increased by locality-based comparability payments under section
5304 of such title,''.
(e) Commensurate Extension of Requirement for Annual Report.--
Subsection (g) of such section is amended by striking ``2004'' and
inserting ``2006''.
(f) Amendment of Section Heading.--The heading for such section is
amended to read as follows:
``SEC. 1101. EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND
TECHNICAL PERSONNEL.''.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SEC. 1201. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Authority To Transfer.--
(1) Australia.--The Secretary of the Navy is authorized to
transfer to the Government of Australia the ``KIDD'' class
guided missile destroyers KIDD (DDG 993), CALLAGHAN (DDG 994),
SCOTT (DDG 995), and CHANDLER (DDG 996). Each such transfer
shall be on a combined lease-sale basis under sections 61 and
21 of the Arms Export Control Act (22 U.S.C. 2796 and 2761).
(2) Brazil.--The Secretary of the Navy is authorized to
transfer to the Government of Brazil the ``THOMASTON'' class
dock landing ships ALAMO (LSD 33) and HERMITAGE (LSD 34), and
the ``GARCIA'' class frigates BRADLEY (FF 1041), DAVIDSON (FF
1045), SAMPLE (FF 1048) and ALBERT DAVID (FF 1050). Each such
transfer shall be on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(3) Chile.--The Secretary of the Navy is authorized to
transfer to the Government of Chile the ``OLIVER HAZARD PERRY''
class guided missile frigates WADSWORTH (FFG 9), and ESTOCIN
(FFG 15). Each such transfer shall be on a combined lease-sale
basis under sections 61 and 21 of the Arms Export Control Act
(22 U.S.C. 2796 and 2761).
(4) Egypt.--The Secretary of the Navy is authorized to
transfer to the Government of Egypt the ``DIXIE'' class
destroyer tender YOSEMITE (AD 19). The transfer shall be on a
grant basis under section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j).
(5) Greece.--The Secretary of the Navy is authorized to
transfer to the Government of Greece the ``KNOX'' class
frigates VREELAND (FF 1068) and TRIPPE (FF 1075). Each such
transfer shall be on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(6) Turkey.--(A) The Secretary of the Navy is authorized to
transfer to the Government of Turkey the ``OLIVER HAZARD
PERRY'' class guided missile frigates JOHN A. MOORE (FFG 19)
and FLATLEY (FFG 21). Each transfer under the authority of this
subsection shall be on a combined lease-sale basis under
sections 61 and 21 of the Arms Export Control Act (22 U.S.C.
2796 and 2761).
(B) The authority provided under subparagraph (A) is in
addition to the authority provided under section 1018(a)(9) of
Public Law 106-65 (113 Stat. 745) for the Secretary of the Navy
to transfer such vessels to the Government of Turkey on a sale
basis under section 21 of the Arms Export Control Act (22
U.S.C. 2761).
(b) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to another country
on a grant basis under section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j) pursuant to authority provided by subsection (a)
shall not be counted for the purposes of subsection (g) of that section
in the aggregate value of excess defense articles transferred to
countries under that section in any fiscal year.
(c) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by this section shall be
charged to the recipient (notwithstanding section 516(e)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(1)) in the case of a
transfer authorized to be made on a grant basis under subsection (a)).
(d) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the Secretary of the Navy shall require, as
a condition of the transfer of a vessel under this section, that the
country to which the vessel is transferred have such repair or
refurbishment of the vessel as is needed, before the vessel joins the
naval forces of that country, performed at a shipyard located in the
United States, including a United States Navy shipyard.
(e) Conditions Relating to Combined Lease-Sale Transfers.--A
transfer of a vessel on a combined lease-sale basis authorized by
subsection (a) shall be made in accordance with the following
requirements:
(1) The Secretary of the Navy may initially transfer the
vessel by lease, with lease payments suspended for the term of
the lease, if the country entering into the lease for the
vessel simultaneously enters into a foreign military sales
agreement for the transfer of title to the vessel.
(2) The Secretary may not deliver to the purchasing country
title to the vessel until the purchase price of the vessel
under such a foreign military sales agreement is paid in full.
(3) Upon payment of the purchase price in full under such a
sales agreement and delivery of title to the recipient country,
the Secretary shall terminate the lease.
(4) If the purchasing country fails to make full payment of
the purchase price in accordance with the sales agreement by
the date required under the sales agreement--
(A) the sales agreement shall be immediately
terminated;
(B) the suspension of lease payments under the
lease shall be vacated; and
(C) the United States shall be entitled to retain
all funds received on or before the date of the
termination under the sales agreement, up to the amount
of the lease payments due and payable under the lease
and all other costs required by the lease to be paid to
that date.
(5) If a sales agreement is terminated pursuant to
paragraph (4), the United States shall not be required to pay
any interest to the recipient country on any amount paid to the
United States by the recipient country under the sales
agreement and not retained by the United States under the
lease.
(f) Authorization of Appropriations for Costs of Lease-Sale
Transfers.--There is hereby authorized to be appropriated into the
Defense Vessels Transfer Program Account such sums as may be necessary
for paying the costs (as defined in section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a)) of the lease-sale transfers
authorized by subsection (a). Amounts so appropriated shall be
available only for the purpose of paying those costs.
(g) Expiration of Authority.--The authority provided under
subsection (a) shall expire at the end of the two-year period beginning
on the date of the enactment of this Act.
SEC. 1202. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year 2001.--The
total amount of the assistance for fiscal year 2001 that is provided by
the Secretary of Defense under section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the
Department of Defense in support of activities under that Act may not
exceed $15,000,000.
(b) Extension of Authority To Provide Assistance.--Subsection (f)
of section 1505 of the Weapons of Mass Destruction Control Act of 1992
(22 U.S.C. 5859a) is amended by striking ``2000'' and inserting
``2001''.
SEC. 1203. REPEAL OF RESTRICTION PREVENTING COOPERATIVE AIRLIFT SUPPORT
THROUGH ACQUISITION AND CROSS-SERVICING AGREEMENTS.
Section 2350c of title 10, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 1204. WESTERN HEMISPHERE INSTITUTE FOR PROFESSIONAL EDUCATION AND
TRAINING.
(a) In General.--Chapter 108 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 2166. Western Hemisphere Institute for Professional Education
and Training
``(a) Establishment and Administration.--(1) The Secretary of
Defense may operate an education and training facility for the purpose
set forth in subsection (b). The facility may be called the Western
Hemisphere Institute for Professional Education and Training.
``(2) The Secretary may designate the Secretary of a military
department as the Department of Defense executive agent for carrying
out the responsibilities of the Secretary of Defense under this
section.
``(b) Purpose.--The purpose of the Institute is to provide
professional education and training to eligible personnel of the
Western Hemisphere within the context of the democratic principles set
forth in the Charter of the Organization of American States and
supporting agreements, while fostering mutual knowledge, transparency,
confidence, and cooperation among the participating nations and
promoting democratic values, respect for human rights, and knowledge
and understanding of United States customs and traditions.
``(c) Eligible Personnel.--(1) Subject to paragraph (2), personnel
of the Western Hemisphere are eligible for education and training at
the Institute as follows:
``(A) Military personnel.
``(B) Law enforcement personnel.
``(C) Civilians, whether or not employed by a government of
the Western Hemisphere.
``(2) The selection of foreign personnel for education or training
at the Institute is subject to the approval of the Secretary of State.
``(d) Curriculum.--(1) The curriculum of the Institute shall
include mandatory instruction for each student, for at least 8 hours,
on human rights, the rule of law, due process, civilian control of the
military, and the role of the military in a democratic society.
``(2) The curriculum may include instruction and other educational
and training activities on the following:
``(A) Leadership development.
``(B) Counterdrug operations.
``(C) Peace support operations.
``(D) Disaster relief.
``(E) Any other matters that the Secretary determines
appropriate.
``(e) Board of Visitors.--(1) There shall be a Board of Visitors
for the Institute. The Board shall be composed of the following:
``(A) Two members of the Senate designated by the President
pro tempore of the Senate.
``(B) Two members of the House of Representatives
designated by the Speaker of the House of Representatives.
``(C) Six persons designated by the Secretary of Defense
including, to the extent practicable, at least one member from
academia, one member from the religious community, and one
member from the human rights community.
``(D) One person designated by the Secretary of State.
``(E) For each of the armed forces, the senior military
officer responsible for training and doctrine or a designee of
that officer.
``(F) The Commander in Chief of the United States Southern
Command or a designee of that officer.
``(2) The members of the Board shall serve for 2 years except for
the members referred to in subparagraphs (A) and (B) of paragraph (1)
who may serve until a successor is designated.
``(3) A vacancy in a position of membership on the Board shall be
filled in the same manner as the position was originally filled.
``(4) The Board shall meet at least once each year.
``(5)(A) The Board shall inquire into the curriculum, instruction,
physical equipment, fiscal affairs, academic methods, and other matters
relating to the Institute that the Board decides to consider.
``(B) The Board shall review the curriculum of the Institute to
determine whether--
``(i) the curriculum complies with applicable United States
laws and regulations;
``(ii) the curriculum is consistent with United States
policy goals toward Latin America and the Caribbean;
``(iii) the curriculum adheres to current United States
doctrine; and
``(iv) the instruction under the curriculum appropriately
emphasizes the matters described in subsection (d)(1).
``(6) Not later than 60 days after its annual meeting, the Board
shall submit to the Secretary of Defense a written report of its action
and of its views and recommendations pertaining to the Institute.
``(7) Members of the Board may not be compensated for service on
the Board. In the case of officers or employees of the United States
serving on the Board as part of their official duties, compensation
paid to the members as officers or employees of the United States shall
not be considered compensation for service on the Board.
``(8) With the approval of the Secretary of Defense, the Board may
accept and use the services of voluntary and noncompensated advisers
appropriate to the duties of the Board without regard to section 1342
of title 31.
``(9) Members of the Board and advisers whose services are accepted
under paragraph (8) shall be allowed travel and transportation
expenses, including per diem in lieu of subsistence, while away from
their homes or regular places of business in the performance of
services for the Board. Allowances under this paragraph shall be
computed--
``(A) in the case of members of the Board who are officers
or employees of the United States, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title
5; and
``(B) in the case of other members of the Board and
advisers, as authorized under section 5703 of title 5 for
employees serving without pay.
``(10) The Federal Advisory Committee Act (5 U.S.C. App. 2), other
than section 14 (relating to termination after two years), shall apply
to the Board.
``(f) Fixed Costs.--The fixed costs of operating and maintaining
the Institute--
``(1) may be paid from funds available to the Army for
operation and maintenance; and
``(2) may not be paid out of the proceeds of tuition fees
charged for professional education and training at the
Institute.
``(g) Annual Report.--Not later than March 15 of each year, the
Secretary of Defense shall submit to Congress a detailed report on the
activities of the Institute during the preceding year. The Secretary
shall coordinate the preparation of the report with the heads of
department and agencies of the United States that have official
interests in the activities of the Institute, as determined by the
Secretary.''.
(b) Repeal of Authority for United States Army School of the
Americas.--Section 4415 of title 10, United States Code, is repealed.
(c) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 108 of title 10, United States Code, is amended by
inserting after the item relating to section 2165 the following:
``2166. Western Hemisphere Institute for Professional Education and
Training.''.
(2) The table of sections at the beginning of chapter 407 of such
title is amended by striking the item relating to section 4415.
SEC. 1205. BIANNUAL REPORT ON KOSOVO PEACEKEEPING.
(a) Requirement for Periodic Report.--Beginning on December 1,
2000, and every six months thereafter, the President shall submit to
the congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on International Relations
of the House of Representatives a report on the contributions of
European nations and organizations to the peacekeeping operations in
Kosovo.
(b) Content of Report.--Each report shall contain detailed
information on the following:
(1) The commitments and pledges made by the European
Commission, the member nations of the European Union, and the
European member nations of the North Atlantic Treaty
Organization for reconstruction assistance in Kosovo,
humanitarian assistance in Kosovo, the Kosovo Consolidated
Budget, police (including special police) for the United
Nations international police force for Kosovo, and military
personnel for peacekeeping operations in Kosovo.
(2) The amount of the assistance that has been provided in
each category, and the number of police and military personnel
that have been deployed to Kosovo, by each such organization or
nation.
(3) The full range of commitments and responsibilities that
have been undertaken for Kosovo by the United Nations, the
European Union, and the Organization for Security and
Cooperation in Europe (OSCE), the progress made by those
organizations in fulfilling those commitments and
responsibilities, an assessment of the tasks that remain to be
accomplished, and an anticipated schedule for completing those
tasks.
SEC. 1206. MUTUAL ASSISTANCE FOR MONITORING TEST EXPLOSIONS OF NUCLEAR
DEVICES.
(a) Authority.--Subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2350l. Mutual assistance for monitoring test explosions of
nuclear devices
``(a) Acceptance of Contributions.--(1) The Secretary of Defense
may accept funds, services, or property from a foreign government, an
international organization, or any other entity for a purpose described
in paragraph (2).
``(2) Contributions accepted under paragraph (1) may be used only
for the development, procurement, installation, operation, repair, or
maintenance of equipment for monitoring test explosions of nuclear
devices, or for communications relating to the operation of such
equipment. The equipment may be installed and used on United States
territory, foreign territory (including Antarctica), or in
international waters.
``(3) Any funds accepted under paragraph (1) shall be deposited in
an account established by the Secretary for use for the purposes
described in paragraph (2), and shall be available, without fiscal year
limitation, for use by Department of Defense officials authorized by
the Secretary of Defense for contracts, grants, or other forms of
acquisition for such purposes.
``(b) Authority To Provide Monitoring Assistance.--(1) To satisfy
obligations of the United States to monitor test explosions of nuclear
devices, the Secretary of Defense may provide a foreign government with
assistance for the monitoring of such tests, but only in accordance
with an agreement satisfying the requirements of paragraph (3).
``(2) The assistance authorized under paragraph (1) is as follows:
``(A) A loan or conveyance of--
``(i) equipment for monitoring test explosions of
nuclear devices; and
``(ii) associated equipment.
``(B) The installation of such equipment on foreign
territory or in international waters.
``(3) Assistance for a foreign government under this subsection
shall be subject to an agreement entered into between the United States
and the foreign government that ensures the following:
``(A) That the Secretary has timely access to data that is
produced, collected, or generated by equipment loaned or
conveyed to the foreign government under the agreement.
``(B) That the Secretary--
``(i) has access to that equipment for purposes of
inspecting, testing, maintaining, repairing, or
replacing the equipment; and
``(ii) may take such actions as are necessary to
meet United States obligations to inspect, test,
maintain, repair, or replace the equipment.
``(c) Delegation.--The Secretary may delegate authority to carry
out subsection (a) or (b) only to the Under Secretary of Defense for
Acquisition, Technology, and Logistics or the Secretary of the Air
Force. Authority so delegated may be further delegated.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of such chapter is amended by inserting after the item
relating to section 2350k the following new item:
``2350l. Mutual assistance for monitoring test explosions of nuclear
devices.''.
SEC. 1207. ANNUAL REPORT ON ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE
THREAT REDUCTION PROGRAMS.
(a) Annual Report Consolidating Disparate Report Requirements.--(1)
Chapter 23 of title 10, United States Code, is amended by adding at the
end the following new section:
``Sec. 488. Annual report on activities and assistance under
Cooperative Threat Reduction programs
``(a) Annual Report.--In any year in which the budget of the
President under section 1105 of title 31 for the fiscal year beginning
in such year requests funds for the Department of Defense for
assistance or activities under Cooperative Threat Reduction programs
with the states of the former Soviet Union, the Secretary of Defense
shall submit to Congress a report on activities and assistance during
the preceding fiscal year under Cooperative Threat Reduction programs
setting forth the matters in subsection (c).
``(b) Deadline for Report.--The report under subsection (a) shall
be submitted not later than the first Monday in February of a year.
``(c) Matters To Be Included.--The report under subsection (a) in a
year shall set forth the following:
``(1) An estimate of the total amount that will be required
to be expended by the United States in order to achieve the
objectives of the Cooperative Threat Reduction programs.
``(2) A five-year plan setting forth the amount of funds
and other resources proposed to be provided by the United
States for Cooperative Threat Reduction programs over the term
of the plan, including the purpose for which such funds and
resources will be used, and to provide guidance for the
preparation of annual budget submissions with respect to
Cooperative Threat Reduction programs.
``(3) A description of the Cooperative Threat Reduction
activities carried out during the fiscal year ending in the
year preceding the year of the report, including--
``(A) the amounts notified, obligated, and expended
for such activities and the purposes for which such
amounts were notified, obligated, and expended for such
fiscal year and cumulatively for Cooperative Threat
Reduction programs;
``(B) a description of the participation, if any,
of each department and agency of the United States
Government in such activities;
``(C) a description of such activities, including
the forms of assistance provided;
``(D) a description of the United States private
sector participation in the portion of such activities
that were supported by the obligation and expenditure
of funds for Cooperative Threat Reduction programs; and
``(E) such other information as the Secretary of
Defense considers appropriate to inform Congress fully
of the operation of Cooperative Threat Reduction
programs and activities, including with respect to
proposed demilitarization or conversion projects,
information on the progress toward demilitarization of
facilities and the conversion of the demilitarized
facilities to civilian activities.
``(4) A description of the audits, examinations, and other
efforts, such as on-site inspections, conducted by the United
States during the fiscal year ending in the year preceding the
year of the report to ensure that assistance provided under
Cooperative Threat Reduction programs is fully accounted for
and that such assistance is being used for its intended
purpose, including a description of--
``(A) if such assistance consisted of equipment, a
description of the current location of such equipment
and the current condition of such equipment;
``(B) if such assistance consisted of contracts or
other services, a description of the status of such
contracts or services and the methods used to ensure
that such contracts and services are being used for
their intended purpose;
``(C) a determination whether the assistance
described in subparagraphs (A) and (B) has been used
for its intended purpose; and
``(D) a description of the audits, examinations,
and other efforts planned to be carried out during the
fiscal year beginning in the year of the report to
ensure that Cooperative Threat Reduction assistance
provided during such fiscal year is fully accounted for
and is used for its intended purpose.
``(5) A current description of the tactical nuclear weapons
arsenal of Russia, including--
``(A) an estimate of the current types, numbers,
yields, viability, locations, and deployment status of
the nuclear warheads in that arsenal;
``(B) an assessment of the strategic relevance of
such warheads;
``(C) an assessment of the current and projected
threat of theft, sale, or unauthorized use of such
warheads; and
``(D) a summary of past, current, and planned
United States efforts to work cooperatively with Russia
to account for, secure, and reduce Russia's stockpile
of tactical nuclear warheads and associated fissile
materials.
``(d) Input of DCI.--The Director of Central Intelligence shall
submit to the Secretary of Defense the views of the Director on any
matters covered by subsection (b)(5) in a report under this section.
Such views shall be included in such report as a classified annex to
such report.
``(e) Comptroller General Assessment.--Not later than 60 days after
the date on which a report is submitted to Congress under subsection
(a), the Comptroller General shall submit to Congress a report setting
forth the Comptroller General's assessment of the report under
subsection (a), including any recommendations regarding the report
under subsection (a) that the Comptroller General considers
appropriate.''.
(2) The table of sections at the beginning of chapter 23 of such
title is amended by adding at the end the following new item:
``488. Annual report on activities and assistance under Cooperative
Threat Reduction programs.''.
(b) First Report.--The first report submitted under section 488 of
title 10, United States Code, as added by subsection (a), shall be
submitted in 2002.
(c) Repeal of Superseded Reporting Requirements.--(1) The following
provisions of law are repealed:
(A) Section 1207 of the Cooperative Threat Reduction Act of
1994 (title XII of Public Law 103-160; 107 Stat. 1782; 22
U.S.C. 5956), relating to semiannual reports on Cooperative
Threat Reduction.
(B) Section 1203 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2882),
relating to a report accounting for United States for
Cooperative Threat Reduction.
(C) Section 1205 of the National Defense Authorization Act
for Fiscal Year 1995 (108 Stat. 2883; 10 U.S.C. 5952 note),
relating to multiyear planning and Allied support for
Cooperative Threat Reduction.
(D) Section 1206 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 22 U.S.C. 5955 note),
relating to accounting for United States assistance for
Cooperative Threat Reduction.
(E) Section 1307 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 795),
relating to a limitation on use of funds for Cooperative Threat
Reduction pending submittal of a multiyear plan.
(2) Section 1312 of the National Defense Authorization Act for
Fiscal Year 2000 (113 Stat. 796; 22 U.S.C. 5955 note), relating to
Russian nonstrategic nuclear arms, is amended--
(A) by striking ``(a) Sense of Congress.--''; and
(B) by striking subsections (b) and (c).
SEC. 1208. LIMITATION ON USE OF FUNDS FOR CONSTRUCTION OF A RUSSIAN
FACILITY FOR THE DESTRUCTION OF CHEMICAL WEAPONS.
Section 1305 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 794; 22 U.S.C. 5952 note) is
amended to read as follows:
``SEC. 1305. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS
DESTRUCTION.
``(a) Limitation.--No fiscal year 2000 Cooperative Threat Reduction
funds, and no funds appropriated for Cooperative Threat Reduction
programs after the date of the enactment of this Act, may be obligated
or expended for any fiscal year for the purpose of the construction of
the Shchuch'ye chemical weapons destruction facility in Russia before
the date that is 30 days after the Secretary of Defense certifies in
writing to the Committees on Armed Services of the Senate and the House
of Representatives for that fiscal year that each of the following
conditions has been met:
``(1) That the government of the Russian Federation has
agreed to provide at least $25,000,000 annually for the
construction support and operation of the facility to destroy
chemical weapons and for the support and maintenance of the
facility for that purpose for each year of the entire operating
life-cycle of the facility.
``(2) That the government of the Russian Federation has
agreed to utilize the facility to destroy the remaining four
stockpiles of nerve agents, which are located at Kisner,
Pochep, Leonidovka, and Maradykovsky.
``(3) That the United States has obtained multiyear
commitments from governments of other countries to donate funds
for the support of essential social infrastructure projects for
Shchuch'ye in sufficient amounts to ensure that the projects
are adequately maintained during the entire operating life-
cycle of the facility.
``(4) That Russia has agreed to destroy its chemical
weapons production facilities at Volgograd and Novocheboksark.
``(b) Timing of Certifications.--The certification under subsection
(a) for any fiscal year shall be submitted prior to the obligation of
funds in such fiscal year for the purpose specified in that
subsection.''.
SEC. 1209. LIMITATION ON USE OF FUNDS FOR ELIMINATION OF WEAPONS GRADE
PLUTONIUM PROGRAM.
Of the amounts authorized to be appropriated by this Act for fiscal
year 2001 for the Elimination of Weapons Grade Plutonium Program, not
more than 50 percent of such amounts may be obligated or expended for
the program in fiscal year 2001 until 30 days after the date on which
the Secretary of Defense submits to the Committees on Armed Services of
the Senate and House of Representatives a report on an agreement
between the United States Government and the Government of the Russian
Federation regarding a new option selected for the shut down or
conversion of the reactors of the Russian Federation that produce
weapons grade plutonium, including--
(1) the new date on which such reactors will cease
production of weapons grade plutonium under such agreement by
reason of the shut down or conversion of such reactors; and
(2) any cost-sharing arrangements between the United States
Government and the Government of the Russian Federation in
undertaking activities under such agreement.
TITLE XIII--NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO
SEC. 1301. ASSISTANCE FOR ECONOMIC GROWTH ON VIEQUES.
(a) Authority.--The President may provide economic assistance under
this section for the people and communities of the island of Vieques.
(b) Maximum Amount.--The total amount of economic assistance
provided under this section may, subject to section 1303(b), be any
amount up to $40,000,000.
SEC. 1302. REQUIREMENT FOR REFERENDUM ON CONTINUATION OF NAVY TRAINING.
(a) Referendum.--
(1) Requirement.--The President shall, except as provided
in paragraph (2), provide for a referendum to be conducted on
the island of Vieques to determine by a majority of the votes
cast in the referendum by the Vieques electorate whether the
people of Vieques approve or disapprove of the continuation of
the conduct of live-fire training, and any other types of
training, by the Armed Forces at the Navy's training sites on
the island on the conditions described in subsection (d).
(2) Exception.--If the Chief of Naval Operations and the
Commandant of the Marine Corps jointly submit to the
congressional defense committees, after the date of the
enactment of this Act and before the date set forth in
subsection (c), their certification that the Vieques Naval
Training Range is no longer needed for training by the Navy and
the Marine Corps, then the requirement for a referendum under
paragraph (1) shall cease to be effective on the date on which
the certification is submitted.
(b) Prohibition of Other Propositions.--In a referendum under this
section, no proposition or option may be presented as an alternative to
the propositions of approval and of disapproval of the continuation of
the conduct of training as described in subsection (a)(1).
(c) Time for Referendum.--A referendum required under this section
shall be held on May 1, 2001, or within 270 days before such date or
270 days after such date. The Secretary of the Navy shall publicize the
date set for the referendum 90 days before that date.
(d) Required Training Conditions.--For the purposes of a referendum
under this section, the conditions for the continuation of the conduct
of training are those that are proposed by the Secretary of the Navy
and publicized on the island of Vieques in connection with, and for a
reasonable period in advance of, the referendum. The conditions shall
include the following:
(1) Live-fire training.--A condition that the training may
include live-fire training.
(2) Maximum annual days of use.--A condition that the
training may be conducted on not more than 90 days each year.
(e) Proclamation of Outcome.--Promptly after a referendum is
completed under this section, the President shall determine, and issue
a proclamation declaring, the outcome of the referendum. The
President's determination shall be final.
(f) Vieques Electorate Defined.--In this section, the term
``Vieques electorate'', with respect to a referendum under this
section, means the residents of the island of Vieques, Puerto Rico,
who, as of the date that is 180 days before the date of the referendum,
have an electoral domicile on, and are duly registered to vote on, the
island of Vieques under the laws of the Commonwealth of Puerto Rico.
SEC. 1303. ACTIONS IF TRAINING IS APPROVED.
(a) Condition for Effectiveness.--This section shall take effect on
the date on which the President issues a proclamation under subsection
(e) of section 1302 declaring that the continuation of the conduct of
training (including live-fire training) by the Armed Forces at the
Navy's training sites on the island of Vieques on the conditions
described in subsection (d) of that section is approved in a referendum
conducted under that section.
(b) Additional Economic Assistance.--The President may provide
economic assistance for the people and communities of the island of
Vieques in a total amount up to $50,000,000 in addition to the total
amount of economic assistance authorized to be provided under section
1301.
SEC. 1304. REQUIREMENTS IF TRAINING IS NOT APPROVED OR MANDATE FOR
REFERENDUM IS VITIATED.
(a) Conditions for Effectiveness.--This section shall take effect
on the date on which either of the following occurs:
(1) The President issues a proclamation under subsection
(e) of section 1302 declaring that the continuation of the
conduct of training (including live-fire training) by the Armed
Forces at the Navy's training sites on the island of Vieques on
the conditions described in subsection (d) of that section is
not approved in the referendum conducted under that section.
(2) The requirement for a referendum under section 1302
ceases to be effective under subsection (a)(2) of that section.
(b) Actions Required of Secretary of Defense.--The Secretary of
Defense--
(1) shall, not later than May 1, 2003--
(A) terminate all Navy and Marine Corps training
operations on the island of Vieques; and
(B) terminate all Navy and Marine Corps operations
at Roosevelt Roads, Puerto Rico, that are related to
the use of the training range on the island of Vieques
by the Navy and the Marine Corps.
(2) may relocate the units of the Armed Forces (other than
those of the reserve components) and activities of the
Department of Defense (including nonappropriated fund
activities) at Fort Buchanan, Puerto Rico, to Roosevelt Roads,
Puerto Rico, to ensure maximum utilization of capacity;
(3) shall close the Department of Defense installations and
facilities on the island of Vieques (other than properties
exempt from transfer under section 1305); and
(4) shall, except as provided in section 1305, transfer to
the Secretary of the Interior--
(A) the Live Impact Area on the island of Vieques;
(B) all Department of Defense real properties on
the eastern side of that island that are identified as
conservation zones; and
(C) all other Department of Defense real properties
on the eastern side of that island.
(c) Actions Required of Secretary of the Interior.--The Secretary
of the Interior shall retain, and may not dispose of any of, the
properties transferred under subsection (b)(4) pending the enactment of
a law that addresses the disposition of those properties.
(d) GAO Review.--
(1) Requirement for review.--The Comptroller General shall
review the requirement for the continued use of Fort Buchanan
by active Army forces and shall submit to the congressional
defense committees a report on the review. The report shall
contain the following:
(A) Findings.--The findings resulting from the
review.
(B) Recommendations.--Recommendations regarding the
closure of Fort Buchanan and the consolidation of
United States military forces to Roosevelt Roads,
Puerto Rico.
(2) Time for submittal of report.--The Comptroller General
shall submit the report under paragraph (1) not later than one
year after the date of the referendum conducted under section
1302 or the date on which a certification is submitted to the
congressional defense committees under section 1302(a)(2), as
the case may be.
SEC. 1305. EXEMPT PROPERTY.
(a) In General.--The Department of Defense properties and property
interests described in subsection (b) may not be transferred out of the
Department of Defense under this title.
(b) Properties Described.--The exemption under subsection (a)
applies to the following Department of Defense properties and property
interests on the island of Vieques:
(1) ROTHR site.--The site for relocatable over-the-horizon
radar.
(2) Telecommunications sites.--The Mount Pirata
telecommunications sites.
(3) Associated interests.--Any easements, rights-of-way,
and other interests in property that the Secretary of Defense
determines necessary for--
(A) ensuring access to the properties referred to
in paragraphs (1) and (2);
(B) providing utilities for such properties;
(C) ensuring the security of such properties; and
(D) ensuring effective maintenance and operations
on the property.
SEC. 1306. MORATORIUM ON IMPROVEMENTS AT FORT BUCHANAN.
(a) In General.--Except as provided in subsection (b), no
acquisition, construction, conversion, rehabilitation, extension, or
improvement of any facility at Fort Buchanan, Puerto Rico, may be
initiated or continued on or after the date of the enactment of this
Act.
(b) Exceptions.--The prohibition in subsection (a) does not apply
to the following:
(1) Actions necessary to maintain the existing facilities
(including utilities) at Fort Buchanan.
(2) The construction of reserve component facilities
authorized before the date of the enactment of this Act.
(c) Termination.--This subsection shall cease to be effective upon
the issuance of a proclamation described in section 1303(a).
SEC. 1307. PROPERTY TRANSFERRED TO SECRETARY OF THE INTERIOR.
(a) Transfers Required.--Not later than September 30, 2005, the
Secretary of Defense shall, except as provided in section 1305,
transfer to the Secretary of the Interior all Department of Defense
real properties on the western part of the island of Vieques that are
identified as conservation zones.
(b) Administration of Properties as Wildlife Refuges.--The
Secretary of the Interior shall administer as wildlife refuges under
the National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd et seq.) all properties transferred to the Secretary under
this section.
SEC. 1308. LIVE IMPACT AREA.
(a) Responsibility for Live Impact Area.--Upon a termination of
Navy and Marine Corps training operations on the island of Vieques
under section 1304(b), and pending the enactment of a law that
addresses the disposition of the Live Impact Area, the Secretary of the
Interior shall assume responsibility for the administration of the Live
Impact Area and deny public access to the area.
(b) Live Impact Area Defined.--In this title, the term ``Live
Impact Area'' means the parcel of real property, consisting of
approximately 900 acres (more or less), on the island of Vieques that
is designated by the Secretary of the Navy for targeting by live
ordnance in the training of forces of the Navy and Marine Corps.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2001''.
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......... $23,400,000
Alaska....................... Fort Richardson.......... $3,000,000
Arizona...................... Fort Huachuca............ $1,250,000
California................... Fort Irwin............... $31,000,000
Georgia...................... Fort Benning............. $15,800,000
Hawaii....................... Pohakuloa Training Range. $32,000,000
Wheeler Army Air Field... $43,800,000
Kansas....................... Fort Riley............... $22,000,000
Maryland..................... Aberdeen Proving Ground.. $3,100,000
Fort Meade............... $19,000,000
Missouri..................... Fort Leonard Wood........ $61,200,000
North Carolina............... Fort Bragg............... $222,200,000
Sunny Point Military $2,300,000
Ocean Terminal.
Ohio......................... Columbus................. $1,832,000
Oklahoma..................... Fort Sill................ $10,100,000
Pennsylvania................. Carlisle Barracks........ $10,500,000
New Cumberland Army Depot $3,700,000
Texas........................ Fort Bliss............... $26,000,000
Fort Hood................ $26,000,000
Red River Army Depot..... $800,000
Virginia..................... Fort Eustis.............. $4,450,000
---------------
Total:............... $563,432,0
00
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Area Support Group, $11,650,000
Bamberg.
Area Support Group, $11,300,000
Darmstadt.
Kaiserslautern......... $3,400,000
Mannheim............... $4,050,000
Korea.......................... Camp Humphreys......... $14,200,000
Camp Page.............. $19,500,000
---------------
Total:............. $64,100,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(3), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installation and location, and in the
amount, set forth in the following table:
Army: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Classified Location.... $11,500,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or County Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Fort Wainwright.......... 72 Units..................... $24,000,000
Arizona............................... Fort Huachuca............ 110 Units.................... $16,224,000
Hawaii................................ Schofield Barracks....... 72 Units..................... $15,500,000
Kentucky.............................. Fort Campbell............ 56 Units..................... $7,800,000
Fort Campbell............ 128 Units.................... $20,000,000
Maryland.............................. Fort Detrick............. 48 Units..................... $5,600,000
North Carolina........................ Fort Bragg............... 112 Units.................... $14,600,000
South Carolina........................ Fort Jackson............. 1 Unit....................... $250,000
Texas................................. Fort Bliss............... 64 Units..................... $10,200,000
Fort Sam Houston......... 80 Units..................... $10,000,000
Korea................................. Camp Humphreys........... 60 Units..................... $21,800,000
---------------
Total:............... ............................. $145,974,0
00
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(6)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $8,742,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(6)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $63,590,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Subject to subsection (c), funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2000, for military construction, land acquisition, and
military family housing functions of the Department of the Army in the
total amount of $1,978,295,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $372,832,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $64,100,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2101(c), $11,500,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $15,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $97,482,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $218,306,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $978,275,000.
(7) For the construction of the Ammunition Demilitarization
Facility, Pine Bluff Arsenal, Arkansas, authorized in section
2401(a) of the Military Construction Authorization Act for
Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat.
3040), as amended by section 2407 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public
Law 104-106; 110 Stat. 539), section 2408 of the Military
Construction Authorization Act for Fiscal Year 1998 (division B
of Public Law 105-85; 111 Stat. 1982), and section 2406 of the
Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2197),
$43,600,000.
(8) For the construction of the Ammunition Demilitarization
Facility Phase 6, Umatilla Army Depot, Oregon, authorized in
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 1995, as amended by section 2407 of the
Military Construction Authorization Act for Fiscal Year 1996,
section 2408 of the Military Construction Authorization Act for
Fiscal Year 1998, and section 2406 of the Military Construction
Authorization Act for Fiscal Year 1999, $9,400,000.
(9) For the construction of the Ammunition Demilitarization
Facility Phase 2, Pueblo Army Depot, Colorado, authorized in
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 1997 (division B of Public Law 104-201; 110
Stat. 2775), as amended by section 2406 of the Military
Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106-65; 113 Stat. 839), $10,700,000.
(10) For the construction of the Ammunition
Demilitarization Facility Phase 3, Newport Army Depot, Indiana,
authorized in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (112 Stat. 2193),
$54,400,000.
(11) For the construction of the Ammunition
Demilitarization Facility phase 3, Aberdeen Proving Ground,
Maryland, authorized in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1999,
$45,700,000.
(12) For the construction of the railhead facility, Fort
Hood, Texas, authorized in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1999, as amended
by section 2106 of this Act, $9,800,000.
(13) For the construction of a Barracks Complex--Infantry
Drive Phase 1C, Fort Riley, Kansas, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1999, as amended by section 2106 of this Act,
$10,000,000.
(14) For the construction of a Multipurpose Digital Range
Phase 3, Fort Knox, Kentucky, authorized in section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
1999, $600,000.
(15) For the construction of the Chemical Defense
Qualification Facility, Pine Bluff Arsenal, Arkansas,
authorized in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (113 Stat. 825),
$2,592,000.
(16) For the construction of a Barracks Complex--Wilson
Street Phase 1B, Schofield Barracks, Hawaii, authorized in
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2000, $22,400,000.
(17) For the construction of the Ammunition
Demilitarization Support Phase 2, Blue Grass Army Depot,
Kentucky, authorized in section 2401(a) the Military
Construction Act for Fiscal Year 2000 (113 Stat. 836),
$8,500,000.
(18) For the construction of a Barracks Complex--Tagaytay
Street Phase 2B, Fort Bragg, North Carolina, authorized in
section 2101(a) of the Military Construction Act for Fiscal
Year 2000, $3,108,000.
(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 variations authorized by
law, the total cost of all projects carried out under section 2101 of
this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $22,600,000 (the balance of the amount authorized under
section 2101(a) for the construction of a Basic Training
Complex at Fort Leonard Wood, Missouri);
(3) $10,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a Multipurpose Digital
Training Range at Fort Hood, Texas);
(4) $34,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex,
Longstreet Road Phase I at Fort Bragg, North Carolina);
(5) $104,000,000 (the balance of the amount authorized
under section 2101(a) for the construction of a barracks
complex, Bunter Road Phase I at Fort Bragg, North Carolina);
and
(6) $20,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of Saddle Access Road,
Pohakuloa Training Facility, Hawaii).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (18) of subsection (a) is the sum of
the amounts authorized to be appropriated by those paragraphs, reduced
by $20,546,000 which represents savings in the foreign currency
account.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2000 PROJECTS.
(a) Construction Projects Inside the United States.--The table in
section 2101(a) of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 825) is
amended--
(1) in the item relating to Fort Stewart, Georgia, by
striking ``$71,700,000'' in the amount column and inserting
``$25,700,000'';
(2) by striking the item relating to Fort Riley, Kansas;
and
(3) by striking the amount identified as the total in the
amount column and inserting ``$956,750,000''.
(b) Unspecified Minor Construction Projects.--Subsection (a)(3) of
section 2104 of the Military Construction Authorization Act for Fiscal
Year 2000 (113 Stat. 826) is amended by striking ``$9,500,000'' and
inserting ``$14,600,000''.
(c) Conforming Amendments.--Section 2104 of the Military
Construction Authorization Act for Fiscal Year 2000 is further
amended--
(1) in the matter preceding subsection (a), by striking
``$2,353,231,000'' and inserting ``$2,358,331,000''; and
(2) by striking paragraph (7) of subsection (b).
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
1999 PROJECTS.
(a) Modification.--The table in section 2101 of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2182) is amended--
(1) in the item relating to Fort Hood, Texas, by striking
``$32,500,000'' in the amount column and inserting
``$45,300,000'';
(2) in the item relating to Fort Riley, Kansas, by striking
``$41,000,000'' in the amount column and inserting
``$44,500,000''; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$785,081,000''.
(b) Conforming Amendments.--Section 2104 of that Act (112 Stat.
2184) is amended--
(1) in the matter preceding subsection (a), by striking
``$2,098,713,000'' and inserting ``$2,111,513,000'';
(2) in subsection (a)(1)(1), by striking ``$609,076,000''
and inserting ``$622,581,000''; and
(3) in subsection (b)(7), by striking ``$24,500,000'' and
inserting ``$28,000,000''.
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1998
PROJECT.
(a) Modification.--The table in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1998 (division B of
Public Law 105-85; 111 Stat. 1967), as amended by section 2105(a) of
the Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2185) is further amended--
(1) in the item relating to Hunter Army Airfield, Fort
Stewart, Georgia, by striking ``$54,000,000'' in the amount
column and inserting ``$57,500,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$606,250,000''.
(b) Conforming Amendment.--Section 2104(b)(5) of the Military
Construction Authorization Act for Fiscal Year 1998 (111 Stat. 1969) is
amended by striking ``$42,500,000'' and inserting ``$46,000,000''.
SEC. 2108. AUTHORITY TO ACCEPT FUNDS FOR REALIGNMENT OF CERTAIN
MILITARY CONSTRUCTION PROJECT, FORT CAMPBELL, KENTUCKY.
(a) Authority To Accept Funds.--(1) The Secretary of the Army may
accept funds from the Federal Highway Administration or the State of
Kentucky for purposes of funding all costs associated with the
realignment of the military construction project involving a rail
connector located at Fort Campbell, Kentucky, authorized in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
1997 (division B of Public Law 104-201; 110 Stat. 2763).
(2) Any funds accepted under paragraph (1) shall be credited to the
account of the Department of the Army from which the costs of the
realignment of the military construction project described in that
paragraph are to be paid.
(b) Use of Funds.--(1) The Secretary may use funds accepted under
subsection (a) for any costs associated with the realignment of the
military construction project described in that subsection in addition
to any amounts authorized and appropriated for the military
construction project.
(2) For purposes of paragraph (1), the costs associated with the
realignment of the military construction project described in
subsection (a) include redesign costs, additional construction costs,
additional costs due to construction delays related to the realignment,
and additional real estate costs.
(3) Funds accepted under subsection (a) shall remain available
under paragraph (1) until expended.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy 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:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $8,200,000
Station, Yuma.
Navy Detachment, Camp $2,940,000
Navajo.
California..................... Marine Corps Air $7,350,000
Station, Miramar.
Marine Corps Air-Ground $2,100,000
Combat Center,
Twentynine Palms.
Marine Corps Base, Camp $8,100,000
Pendleton.
Naval Air Station, $8,260,000
Lemoore.
Naval Air Warfare $11,400,000
Center Weapons
Division, Point Mugu.
Naval Aviation Depot, $4,340,000
North Island.
Naval Facility, San $8,860,000
Clemente Island.
Naval Ship Weapons $10,200,000
Systems Engineering
Station, Port Hueneme.
Naval Station, San $53,200,000
Diego.
Connecticut.................... Naval Submarine Base, $3,100,000
New London.
CONUS Various.................. CONUS Various.......... $11,500,000
District of Columbia........... Marine Corps Barracks.. $17,197,000
Naval District, $2,450,000
Washington.
Naval Research $12,390,000
Laboratory, Washington.
Florida........................ Coastal System Station, $9,960,000
Panama City.
Naval Air Station, $5,130,000
Whiting Field, Milton.
Naval Surface Warfare $3,570,000
Center Detachment, Ft.
Lauderdale.
Georgia........................ Marine Corps Logistics $1,100,000
Base, Albany.
Trident Refit Facility, $5,200,000
Kings Bay.
Hawaii......................... Fleet Industrial Supply $12,000,000
Center, Pearl Harbor.
Naval Undersea Weapons $2,100,000
Station Detachment,
Lualualei.
Marine Corps Air $18,400,000
Station, Kaneohe.
Naval Station, Pearl $37,600,000
Harbor.
Illinois....................... Naval Training Center, $121,400,000
Great Lakes.
Maine.......................... Naval Air Station, $2,450,000
Brunswick.
Naval Ship Yard, $4,960,000
Portsmouth.
Maryland....................... Naval Explosive $6,430,000
Ordinance Disposal
Tech Division, Indian
Head.
Mississippi.................... Naval Air Station, $6,230,000
Meridian.
Naval Oceanographic $6,950,000
Office, Stennis Space
Center.
Nevada......................... Naval Air Station, $6,280,000
Fallon.
New Jersey..................... Naval Weapons Station, $2,420,000
Earle.
North Carolina................. Marine Corps Air $8,480,000
Station, Cherry Point.
Marine Corps Air $3,400,000
Station, New River.
Marine Corps Base, Camp $45,870,000
LeJeune.
Naval Aviation Depot, $7,540,000
Cherry Point.
Rhode Island................... Naval Undersea Warfare $4,150,000
Center Division,
Newport.
South Carolina................. Marine Corps Air $3,140,000
Station, Beaufort.
Marine Corps Recruit $2,660,000
Depot, Parris Island.
Texas.......................... Naval Air Station, $2,670,000
Kingsville.
Virginia....................... AEGIS Combat Systems $3,300,000
Center, Wallops Island.
Marine Corps Combat $8,590,000
Development Command,
Quantico.
Naval Air Station, $5,250,000
Oceana.
Naval Air Station, $31,450,000
Norfolk.
Naval Amphibious Base, $2,830,000
Little Creek.
Naval Shipyard, $16,100,000
Norfolk, Portsmouth.
Naval Station, Norfolk. $4,700,000
Naval Surface Warfare $30,700,000
Center, Dahlgren.
Washington..................... Naval Station, Everett. $5,500,000
Naval Submarine Base, $4,600,000
Bangor.
Puget Sound Naval $78,460,000
Shipyard, Bremerton.
Strategic Weapons $1,400,000
Facility Pacific,
Bremerton.
---------------
Total:............. $694,557,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................ Administrative Support $19,400,000
Unit.
Italy.......................... Naval Air Station, $32,969,000
Sigonella.
Naval Support Activity, $15,000,000
Naples.
Various Locations.............. Host Nation $142,000
Infrastructure Support.
---------------
Total:............. $67,511,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California............................ Marine Corps Air-Ground 79 Units..................... $13,923,000
Combat Center,
Twentynine Palms.
Naval Air Station, 160 Units.................... $27,768,000
Lemoore.
Hawaii................................ Commander Naval Base, 112 Units.................... $23,654,000
Pearl Harbor.
Commander Naval Base, 62 Units..................... $14,237,000
Pearl Harbor.
Commander Naval Base, 98 Units..................... $22,230,000
Pearl Harbor.
Marine Corps Air Station, 84 Units..................... $21,910,000
Kaneohe Bay.
Maine................................. Naval Air Station, 168 Units.................... $18,722,000
Brunswick.
Mississippi........................... Naval Station, Pascagoula 140 Units.................... $21,605,000
North Carolina........................ Camp LeJeune............. 149 Units.................... $7,838,000
Washington............................ Naval Air Station, 98 Units..................... $16,873,000
Whidbey Island.
---------------
Total:................... $188,760,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(5)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $19,958,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $183,547,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Subject to subsection (c), funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2000, for military construction, land acquisition, and
military family housing functions of the Department of the Navy in the
total amount of $2,095,163,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $633,537,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $66,571,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,659,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $64,093,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $392,265,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $882,638,000.
(6) For construction of a berthing wharf at Naval Air
Station, North Island, California, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat.
828), $12,800,000.
(7) For construction of the Commander-in-Chief
Headquarters, Pacific Command, Camp H.M. Smith, Hawaii,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2000, $35,600,000.
(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--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $17,500,000 (the balance of the amount authorized under
section 2201(a) for repair of a pier at Naval Station, San
Diego, California);
(3) $12,390,000 (the balance of the amount authorized under
section 2201(a) for construction of a Nano Science Research
Laboratory, Washington, District of Columbia);
(4) $4,000,000 (the balance of the amount authorized under
section 2201(a) for construction of armories at Marine Corps
Base, Camp LeJeune, North Carolina);
(5) $2,670,000 (the balance of the amount authorized under
section 2201(a) for construction of an aircraft parking apron
at Naval Air Station, Kingsville, Texas);
(6) $24,460,000 (the balance of the amount authorized under
section 2201(a) for replacement of a pier at Naval Ship Yard,
Bremerton, Puget Sound, Washington); and
(7) $940,000 (the balance of the amount authorized under
section 2201(b) for construction of community facilities at
Naval Air Station, Sigonella, Italy).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (7) of subsection (a) is the sum of
the amounts authorized to be appropriated by such paragraphs, reduced
by $9,351,000 which represents $3,960,000 for savings in the foreign
currency account and $5,391,000 from prior year unobligated funds.
SEC. 2205. CORRECTION IN AUTHORIZED USE OF FUNDS, MARINE CORPS COMBAT
DEVELOPMENT COMMAND, QUANTICO, VIRGINIA.
The Secretary of the Navy may carry out a military construction
project involving infrastructure development at the Marine Corps Combat
Development Command, Quantico, Virginia, in the amount of $8,900,000,
using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(1) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2769) for a military construction project involving a
sanitary landfill at that installation, as authorized by section
2201(a) of that Act (110 Stat. 2767) and extended by section 2702 of
the Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 842) and section 2703 of
this Act.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force 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:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $3,825,000
Alaska......................... Cape Romanzof.......... $3,900,000
Eielson Air Force Base. $40,990,000
Elmendorf Air Force $35,186,000
Base.
Arizona........................ Davis-Monthan Air Force $7,900,000
Base.
Arkansas....................... Little Rock Air Force $18,319,000
Base.
California..................... Beale Air Force Base... $10,099,000
Los Angeles Air Force $6,580,000
Base.
Vandenberg Air Force $4,650,000
Base.
Colorado....................... Buckley Air National $2,750,000
Guard Base.
Peterson Air Force Base $20,086,000
Schriever Air Force $8,450,000
Base.
United States Air Force $18,960,000
Academy.
CONUS Classified............... Classified Location.... $1,810,000
District of Columbia........... Bolling Air Force Base. $4,520,000
Florida........................ Eglin Air Force Base... $8,940,000
Eglin Auxiliary Field 9 $7,960,000
Patrick Air Force Base. $12,970,000
Tyndall Air Force Base. $25,300,000
Georgia........................ Fort Stewart/Hunter $4,920,000
Army Air Field.
Moody Air Force Base... $11,318,000
Robins Air Force Base.. $4,095,000
Hawaii......................... Hickam Air Force Base.. $4,620,000
Idaho.......................... Mountain Home Air Force $10,125,000
Base.
Illinois....................... Scott Air Force Base... $3,830,000
Kansas......................... McConnell Air Force $2,100,000
Base.
Louisiana...................... Barksdale Air Force $20,464,000
Base.
Massachusetts.................. Hanscom Air Force Base. $17,851,000
Mississippi.................... Columbus Air Force Base $4,828,000
Keesler Air Force Base. $15,040,000
Missouri....................... Whiteman Air Force Base $12,050,000
Montana........................ Malmstrom Air Force $11,179,000
Base.
Nebraska....................... Offut Air Force Base... $9,765,000
New Jersey..................... McGuire Air Force Base. $9,772,000
New Mexico..................... Cannon Air Force Base.. $4,934,000
Holloman Air Force Base $18,380,000
Kirtland Air Force Base $7,352,000
North Carolina................. Pope Air Force Base.... $24,570,000
Ohio........................... Wright-Patterson Air $22,600,000
Force Base.
Oklahoma....................... Altus Air Force Base... $2,939,000
Tinker Air Force Base.. $18,180,000
Vance Air Force Base... $10,504,000
South Carolina................. Charleston Air Force $22,238,000
Base.
Shaw Air Force Base.... $2,850,000
South Dakota................... Ellsworth Air Force $10,290,000
Base.
Texas.......................... Dyess Air Force Base... $24,988,000
Lackland Air Force Base $10,330,000
Utah........................... Hill Air Force Base.... $28,050,000
Virginia....................... Langley Air Force Base. $7,470,000
Washington..................... Fairchild Air Force $2,046,000
Base.
McChord Air Force Base. $10,250,000
Wyoming........................ F.E. Warren Air Force $36,114,000
Base.
---------------
Total:............. $649,237,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Diego Garcia................... Diego Garcia........... $5,475,000
Italy.......................... Aviano Air Base........ $8,000,000
Korea.......................... Kunsan Air Base........ $6,400,000
Osan Air Base.......... $21,948,000
Spain.......................... Naval Station Rota..... $5,052,000
Turkey......................... Incirlik Air Base...... $1,000,000
---------------
Total:............. $47,875,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
District of Columbia.................. Bolling Air Force Base... 136 Units.................... $17,137,000
Idaho................................. Mountain Home Air Force 136 Units.................... $22,694,000
Base.
North Dakota.......................... Cavalier Air Force 2 Units...................... $443,000
Station.
Minot Air Force Base..... 134 Units.................... $19,097,000
---------------
Total:................... $59,371,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(5)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $13,730,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$174,046,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Subject to subsection (c), funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2000, for military construction, land acquisition, and
military family housing functions of the Department of the Air Force in
the total amount of $1,851,909,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $649,237,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $47,875,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $9,850,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $71,529,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $247,147,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $826,271,000.
(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 2301 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (5) of subsection (a) is the sum of
the amounts authorized to be appropriated by such paragraphs, reduced
by $33,846,000, which represents $12,231,000 for savings in the foreign
currency account and $21,615,000 from prior year unobligated funds.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(1), the
Secretary of Defense 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:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity..... Camp LeJeune, North $5,914,000
Carolina..............
Laurel Bay, South $804,000
Carolina..............
Defense Logistics Agency....... Defense Distribution $17,700,000
Depot Susquehanna, New
Cumberland,
Pennsylvania..........
Defense Fuel Support $5,700,000
Point, Cherry Point,
North Carolina........
Defense Fuel Support $16,956,000
Point, MacDill Air
Force Base, Florida...
Defense Fuel Support $11,000,000
Point, McConnell Air
Force Base, Kansas....
Defense Fuel Support $5,000,000
Point, Naval Air
Station, Fallon,
Nevada................
Defense Fuel Support $5,900,000
Point, North Island,
California............
Defense Fuel Support $2,000,000
Point, Oceana Naval
Air Station, Virginia.
Defense Fuel Support $8,300,000
Point, Patuxent River,
Maryland..............
Defense Fuel Support $2,200,000
Point, Twentynine
Palms, California.....
Defense Supply Center, $4,500,000
Richmond, Virginia....
National Security Agency....... Fort Meade, Maryland... $4,228,000
Special Operations Command..... Classified Location.... $2,303,000
Eglin Auxiliary Field $23,204,000
9, Florida............
Fleet Combat Training $5,500,000
Center, Dam Neck,
Virginia..............
Fort Bragg, North $8,600,000
Carolina..............
Fort Campbell, Kentucky $16,300,000
Naval Air Station, $1,350,000
North Island,
California............
Naval Air Station, $3,400,000
Oceana, Virginia......
Naval Amphibious Base, $4,300,000
Coronado, California..
Naval Amphibious Base, $5,400,000
Little Creek, Virginia
Tri-Care Management Activity... Edwards Air Force Base, $17,900,000
California............
Marine Corps Base, Camp $14,150,000
Pendleton, California.
Eglin Air Force Base, $37,600,000
Florida...............
Fort Drum, New York.... $1,400,000
Patrick Air Force Base, $2,700,000
Florida...............
Tyndall Air Force Base, $7,700,000
Florida...............
---------------
Total:............. $242,009,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity..... Hanau, Germany......... $1,026,000
Hohenfels, Germany..... $13,774,000
Royal Air Force, $1,287,000
Feltwell, United
Kingdom...............
Royal Air Force, $3,086,000
Lakenheath, United
Kingdom...............
Schweinfurt, Germany... $1,444,000
Sigonella, Italy....... $971,000
Wuerzburg, Germany..... $1,798,000
Defense Finance and Accounting Kleber Kaserne, Germany $7,500,000
Service.
Defense Logistics Agency....... Defense Fuel Support $36,000,000
Point, Andersen Air
Force Base, Guam......
Defense Fuel Support $22,400,000
Point, Marine Corps
Air Station, Iwakuni,
Japan.................
Defense Fuel Support $26,400,000
Point, Misawa Air
Base, Japan...........
Defense Fuel Support $10,000,000
Point, Royal Air
Force, Mildenhall,
United Kingdom........
Defense Fuel Support $16,300,000
Point, Sigonella,
Italy.................
Defense Threat Reduction Agency Darmstadt, Germany..... $2,450,000
Special Operations Command..... Roosevelt Roads, Puerto $1,241,000
Rico..................
Taegu, Korea........... $1,450,000
Tri-Care Management Agency..... Kitzingen, Germany..... $1,400,000
Naval Support Activity, $43,850,000
Naples, Italy.........
Wiesbaden Air Base, $7,187,000
Germany...............
---------------
Total:............. $199,564,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2403(a)(3), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations, and in the
amounts, set forth in the following table:
Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Unspecified Worldwide.. $451,135,000
------------------------------------------------------------------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(7), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code, in the amount of $16,785,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Subject to subsection (c), funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2000, for military construction, land acquisition, and
military family housing functions of the Department of Defense (other
than the military departments), in the total amount of $1,912,703,000
as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $242,009,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $199,564,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2401(c), $85,095,000.
(4) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $17,390,000.
(5) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $78,605,000.
(7) For energy conservation projects authorized by section
2404 of this Act, $16,785,000.
(8) For base closure and realignment activities as
authorized by 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), $1,174,369,000.
(9) For military family housing functions, for support of
military housing (including functions described in section 2833
of title 10, United States Code), $44,886,000 of which not more
than $38,478,000 may be obligated or expended for the leasing
of military family housing units worldwide.
(10) For construction of a replacement hospital at Fort
Wainwright, Alaska, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 836), $44,000,000.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variation authorized by section 2853 of title
10, United States Code, and any other cost variations authorized by
law, the total cost of all projects carried out under section 2401 of
this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $366,040,000 (the balance of the amount authorized under
section 2401(c) for construction of National Missile Defense
Initial Deployment Facilities, Unspecified Worldwide
locations).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (6) of subsection (a) is the sum of
the amounts authorized to be appropriated by such paragraphs, reduced
by $7,155,000 which represents savings in the foreign currency account.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2000, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment program authorized by
section 2501, in the amount of $190,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 2000, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefore, under chapter 1803
of title 10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $181,629,000; and
(B) for the Army Reserve, $92,497,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $38,091,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $161,806,000; and
(B) for the Air Force Reserve, $32,673,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefore) shall expire on the later
of--
(1) October 1, 2003; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2004.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefore) for which appropriated funds have been
obligated before the later of--
(1) October 1, 2003; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2004 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1998
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1998 (division B of
Public Law 105-85; 111 Stat. 1984), authorizations set forth in the
tables in subsection (b), as provided in section 2102, 2202, or 2302 of
that Act, shall remain in effect until October 1, 2001, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2002, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland.............................. Fort Meade............... Family Housing Construction $7,900,000
(56 units).
Texas................................. Fort Hood................ Family Housing Construction $18,800,000
(130 units).
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Naval Complex, San Diego. Replacement Family Housing $13,500,000
Construction (94 units).
California............................ Marine Corps Air Station, Family Housing Construction $28,881,000
Miramar. (166 units).
California............................ Marine Corps Air-Ground Replacement Family Housing $23,891,000
Combat Center, Construction (132 units).
Twentynine Palms.
Louisiana............................. Naval Complex, New Replacement Family Housing $11,930,000
Orleans. Construction (100 units).
Texas................................. Naval Complex, Kingsville Family Housing Construction $22,250,000
and Corpus Christi. (212 units).
Washington............................ Naval Air Station, Replacement Family Housing $16,000,000
Whidbey Island. Construction (102 units).
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Georgia............................... Robins Air Force Base.... Replace Family Housing (60 $6,800,000
units).
Idaho................................. Mountain Home Air Force Replace Family Housing (60 $11,032,000
Base. units).
New Mexico............................ Kirtland Air Force Base.. Replace Family Housing (180 $20,900,000
units).
Texas................................. Dyess Air Force Base..... Construct Family Housing (70 $10,503,000
units).
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1997
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2782), authorizations set forth in the
tables in subsection (b), as provided in section 2201, 2202, or 2601 of
that Act and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law 106-
65; 113 Stat. 842), shall remain in effect until October 1, 2001, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2002, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Navy: Extension of 1997 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Navy Station, Mayport.... Family Housing Construction $10,000,000
(100 units).
North Carolina........................ Marine Corps Base, Camp Family Housing Construction $10,110,000
Lejuene. (94 units).
South Carolina........................ Marine Corps Air Station, Family Housing Construction $14,000,000
Beaufort. (140 units).
Texas................................. Naval Complex, Corpus Family Housing Replacement $11,675,000
Christi. (104 units).
Naval Air Station, Family Housing Replacement $7,550,000
Kingsville. (48 units).
Virginia.............................. Marine Corps Combat Infrastructure............... $8,900,000
Development Command,
Quantico.
Washington............................ Naval Station, Everett... Family Housing Construction $15,015,000
(100 units).
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Camp Shelby.............. Multipurpose Range Complex $5,000,000
(Phase II).
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on
the later of--
(1) October 1, 2000; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. JOINT USE MILITARY CONSTRUCTION PROJECTS.
(a) Sense of Congress on Joint Use Projects.--It is the sense of
Congress that in preparing the budget for a fiscal year for submission
to Congress under section 1105 of title 31, United States Code, the
Secretary of Defense should--
(1) seek to identify military construction projects that
are suitable as joint use military construction projects;
(2) specify in the budget for the fiscal year the military
construction projects that are identified under paragraph (1);
and
(3) give priority in the budget for the fiscal year to the
military construction projects specified under paragraph (2).
(b) Annual Evaluation and Report on Joint Use Projects.--(1)
Subchapter I of chapter 169 of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 2815. Joint use military construction projects: evaluation;
annual report
``(a) Annual Evaluation.--The Secretary of Defense shall include
with the budget for each fiscal year under section 1105 of title 31, a
certification by each Secretary concerned that in evaluating military
construction projects for inclusion in the budget for such fiscal year,
such Secretary evaluated the feasibility of carrying out such projects
as joint use military construction projects.
``(b) Annual Report.--(1) Not later than September 30 each year,
the Secretary of Defense shall submit to the appropriate committees of
Congress a report on joint use military construction projects.
``(2) Each report under paragraph (1) shall include, for the one-
year period ending on the date of the report, the following:
``(A) The military construction requirements that were
evaluated for their feasibility to be carried out through joint
use military construction projects, with each such requirement
set forth by armed force, component (whether active or reserve
component), and location.
``(B) An estimate of the fiscal year in which each
requirement set forth under subparagraph (A) is likely to be
met, without regard to the applicability of any future-years
defense program, and an assessment of the extent to which such
requirement could be met more rapidly through a joint use
military construction project.
``(C) A list of the military construction projects
determined to be feasible as joint use military construction
projects, including--
``(i) the number of military personnel and civilian
personnel to be served by each such project; and
``(ii) an estimate of the costs avoidable by
carrying out each such project as a joint use military
project rather than as an independent military
construction project.
``(c) Joint Use Military Construction Project Defined.--In this
section, the term `joint use military construction project' means a
military construction project for a facility intended to be used by--
``(1) both the active and a reserve component of a single
armed force; or
``(2) two or more components (whether active or reserve
components) of the armed forces.''.
(2) The table of sections at the beginning of that subchapter is
amended by adding at the end the following new item:
``2815. Joint use military construction projects: evaluation; annual
report.''.
SEC. 2802. EXCLUSION OF CERTAIN COSTS FROM DETERMINATION OF
APPLICABILITY OF LIMITATION ON USE OF FUNDS FOR
IMPROVEMENT OF FAMILY HOUSING.
Section 2825(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In determining the applicability of the limitation contained
in paragraph (1), the Secretary concerned shall exclude from the cost
of the improvement of the unit or units concerned the following:
``(A) The cost of the installation, maintenance, and repair
of communications, security, or antiterrorism equipment
required by an occupant of the unit or units to perform duties
assigned as a member of the armed forces.
``(B) The cost of repairing or replacing the exterior of
the unit or units if such repair or replacement is necessary to
meet applicable standards for historical preservation.''.
SEC. 2803. REPLACEMENT OF LIMITATIONS ON SPACE BY PAY GRADE OF MILITARY
FAMILY HOUSING WITH REQUIREMENT FOR LOCAL COMPARABILITY
OF MILITARY FAMILY HOUSING.
(a) In General.--(1) Section 2826 of title 10, United States Code,
is amended to read as follows:
``Sec. 2826. Military family housing: local comparability of rooms
patterns and floor areas
``(a) Local Comparability.--In the construction, acquisition, and
improvement of military family housing, the Secretary concerned shall
ensure that the room patterns and floor areas of military family
housing in a particular locality (as designated by the Secretary
concerned for purposes of this section) are similar to room patterns
and floor areas of similar housing in the private sector in that
locality.
``(b) Requests for Authority for Military Family Housing.--(1) In
submitting to Congress a request for authority to carry out the
construction, acquisition, or improvement of military family housing,
the Secretary concerned shall include in the request information on the
net floor area of each unit of military family housing to be
constructed, acquired, or improved under the authority.
``(2) In this subsection, the term `net floor area', in the case of
a military family housing unit, means the total number of square feet
of the floor space inside the exterior walls of the unit, excluding the
floor area of an unfinished basement, an unfinished attic, a utility
space, a garage, a carport, an open or insect-screened porch, a
stairwell, and any space used for a solar-energy system.''.
(2) The table of sections at the beginning of subchapter II of
chapter 169 of that title is amended by striking the item relating to
section 2826 and inserting the following new item:
``2826. Military family housing: local comparability of rooms patterns
and floor areas.''.
(b) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by subsection (a) shall take effect on October 1, 2000.
(2) Subsection (a) of section 2826, of title 10, United States Code
(as added by subsection (a) of this section), shall apply with respect
to the construction, acquisition, or improvement of military family
housing under authority for the construction, acquisition, or
improvement of such housing that takes effect on or after October 1,
2000.
SEC. 2804. MODIFICATION OF LEASE AUTHORITY FOR HIGH-COST MILITARY
FAMILY HOUSING.
(a) Repeal of Single Lease Maximum for United States Southern
Command.--Paragraph (4) of section 2828(b) of title 10, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) by striking the second sentence; and
(3) by adding at the end the following new subparagraph:
``(B) The amount of all leases under this paragraph may not exceed
$280,000 per year, as adjusted from time to time under paragraph
(6).''.
(b) Five-Year Limitation on Term of Leases For United States
Southern Command.--That paragraph is further amended by adding at the
end the following new subparagraph:
``(C) The term of any lease under this paragraph may not exceed 5
years.''.
(c) Annual Adjustment of Maximum Lease Amounts.--That section is
further amended by striking paragraph (5) and inserting the following
new paragraphs:
``(5) At the beginning of each fiscal year, the Secretary concerned
shall adjust the maximum lease amount provided for leases under
paragraphs (2) and (3) for the previous fiscal year by the percentage
(if any) by which the national average monthly cost of housing (as
calculated for purposes of determining rates of basic allowance for
housing under section 403 of title 37) for the preceding fiscal year
exceeds the national average monthly cost of housing (as so calculated)
for the fiscal year before such preceding fiscal year.
``(6) At the beginning of each fiscal year, the Secretary of the
Army shall adjust the maximum aggregate amount for leases under
paragraph (4) for the previous fiscal year by the percentage (if any)
by which the annual average cost of housing for the Miami Military
Housing Area (as calculated for purposes of determining rates of basic
allowance for housing under section 403 of title 37) for the preceding
fiscal year exceeds the annual average cost of housing for the Miami
Military Housing Area (as so calculated) for the fiscal year before
such preceding fiscal year.''.
(d) Conforming Amendments.--That section is further amended--
(1) in paragraph (2), by inserting after ``per year'' the
following: ``, as adjusted from time to under paragraph (5)'';
and
(2) in paragraph (3), by striking ``$12,000 per unit per
year but does not exceed $14,000 per unit per year'' and
inserting ``the maximum amount per unit per year in effect
under paragraph (2) but does not exceed $14,000 per unit per
year, as adjusted from time to time under paragraph (5)''.
SEC. 2805. APPLICABILITY OF COMPETITION POLICY TO ALTERNATIVE AUTHORITY
FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.
(a) Applicability.--(1) Subchapter IV of chapter 169 of title 10,
United States Code, is amended by inserting after section 2872 the
following:
``Sec. 2872a. Competition requirements
``(a) Contracts.--The Secretary concerned shall comply with section
2304 of this title when entering into any contract in furtherance of
the exercise of any authority or combination of authorities under this
subchapter for a purpose specified in section 2872 of this title.
``(b) Other Forms of Agreements.--(1) The Secretary concerned shall
use competitive procedures to enter into any agreement other than a
contract in furtherance of the exercise of any authority or combination
of authorities under this subchapter for a purpose specified in section
2872 of this title.
``(2) The Secretary concerned may waive the applicability of
paragraph (1) to an agreement only if the Secretary--
``(A) determines that the use of competitive procedures for
entering into the agreement would be inconsistent with the
public interest; and
``(B) submits to Congress a written notification of the
determination not less than 30 days before entering into the
agreement.''.
(2) The table of sections at the beginning of such subchapter is
amended by inserting after the item relating to section 2872 the
following:
``2872a. Competition requirements.''.
(b) Effective Date.--Section 2872a of title 10, United States Code
(as added by subsection (a)), shall take effect on October 1, 2000, and
shall apply with respect to contracts and agreements referred to in
that section that are entered into on or after that date.
SEC. 2806. PROVISION OF UTILITIES AND SERVICES UNDER ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) Authority To Furnish on Reimbursable Basis.--Subchapter IV of
chapter 169 of title 10, United States Code, as amended by section
2805, is further amended by inserting after section 2872a the following
new section:
``Sec. 2872b. Utilities and services
``(a) Authority To Furnish.--The Secretary concerned may furnish
utilities and services referred to in subsection (b) in connection with
any military housing acquired or constructed pursuant to the exercise
of any authority or combination of authorities under this subchapter if
the military housing is located on a military installation.
``(b) Covered Utilities and Services.--The utilities and services
that may be furnished under subsection (a) are the following:
``(1) Electric power.
``(2) Steam.
``(3) Compressed air.
``(4) Water.
``(5) Sewage and garbage disposal.
``(6) Natural, manufactured, or mixed gas.
``(7) Ice.
``(8) Mechanical refrigeration.
``(9) Telecommunications service.
``(c) Reimbursement.--(1) The Secretary concerned shall be
reimbursed for any utilities or services furnished under subsection
(a).
``(2) The amount of any cash payment received under paragraph (1)
shall be credited to the appropriation or working capital account from
which the cost of furnishing the utilities or services concerned was
paid. Amounts so credited to an appropriation or account shall be
merged with funds in such appropriation or account, and shall be
available to the same extent, and subject to the same terms and
conditions, as such funds.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter, as so amended, is further amended by inserting after
the item relating to section 2872a the following new item:
``2872b. Utilities and services.''.
SEC. 2807. EXTENSION OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
Section 2885 of title 10, United States Code, is amended by
striking ``February 10, 2001'' and inserting ``February 10, 2004''.
SEC. 2808. INCLUSION OF READINESS CENTER IN DEFINITION OF ARMORY FOR
PURPOSES OF CONSTRUCTION OF RESERVE COMPONENT FACILITIES.
(a) Inclusion.--Section 18232(3) of title 10, United States Code,
is amended--
(1) in the first sentence, by striking ``The term `armory'
means'' and inserting ``The terms `armory' and `readiness
center' mean''; and
(2) in the second sentence, by striking ``It includes'' and
inserting ``Such terms include''.
(b) Conforming Amendments.--(1) Section 18232(2)(B) of such title
is amended by inserting ``, readiness center,'' after ``armory''.
(2) Section 18236(b) of such title is amended in the matter
preceding paragraph (1) by inserting ``or readiness center'' after ``an
armory''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. INCREASE IN THRESHOLD FOR REPORTS TO CONGRESS ON REAL
PROPERTY TRANSACTIONS.
Section 2662 of title 10, United States Code, is amended by
striking ``$200,000'' each place it appears and inserting ``$500,000''.
SEC. 2812. ENHANCEMENTS OF MILITARY LEASE AUTHORITY.
(a) Property Available for Lease.--Subsection (a) of section 2667
of title 10, United States Code, is amended--
(1) by inserting ``and'' at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) In Kind Consideration.--That section is further amended--
(1) in subsection (b)(5)--
(A) by striking ``improvement, maintenance,
protection, repair, or restoration,'' and inserting
``alteration, repair, or improvement,''; and
(B) by striking ``, or of the entire unit or
installation where a substantial part of it is
leased,'';
(2) by transferring subsection (c) to the end of the
section and redesignating such subsection, as so transferred,
as subsection (i);
(3) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) In addition to any in kind consideration accepted under
subsection (b)(5), in kind consideration accepted with respect to a
lease under subsection (b) may include the following:
``(A) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities under the control of the
Secretary concerned.
``(B) Construction of new facilities for the Secretary
concerned.
``(C) Provision of facilities for use by the Secretary
concerned.
``(D) Facilities operation support for the Secretary
concerned.
``(E) Provision of such other services relating to
activities that will occur on the leased property as the
Secretary concerned considers appropriate.
``(2) In kind consideration under paragraph (1) may be accepted at
any property or facilities under the control of the Secretary concerned
that are selected for that purpose by the Secretary concerned.
``(3) Sections 2662 and 2802 of this title shall not apply to any
new facilities whose construction is accepted as in kind consideration
under this subsection.
``(4) In the case of a lease for which all or part of the
consideration proposed to be accepted by the Secretary concerned under
this subsection is the construction of facilities with a value in
excess of $500,000, the Secretary concerned may not enter into the
lease until 30 days after the date on which a report on the facts of
the lease is submitted to the congressional defense committees.''; and
(4) in subsection (f)--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph
(4).
(c) Use of Money Rentals.--Subsection (d) of that section is
amended--
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following new subparagraphs:
``(B) Subject to subparagraphs (C) and (D), the sums deposited in
the special account of a military department pursuant to subparagraph
(A) shall be available to the military department for the following:
``(i) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities.
``(ii) Construction or acquisition of new facilities.
``(iii) Lease of facilities.
``(iv) Facilities operation support.
``(C) At least 50 percent of the sums deposited in the special
account of a military department under subparagraph (A) by reason of a
lease shall be available for activities described in subparagraph (B)
only at the military installation where the leased property is located.
``(D) The Secretary concerned may not construct or acquire under
subparagraph (B)(ii) facilities with a value in excess of $500,000
until 30 days after the date on which a report on the facts of the
construction or acquisition of such facilities is submitted to the
congressional defense committees.''; and
(2) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``As part'' and all that follows through
``Secretary of Defense'' and inserting ``Not later than
March 15 each year, the Secretary of Defense shall
submit to the congressional defense committees a report
which''; and
(B) in subparagraph (A), by striking ``request''
and inserting ``report''.
(d) Indemnification for Environmental Contamination.--That section
is further amended by striking subsection (h) and inserting the
following new subsection (h):
``(h)(1) Subject to paragraph (2), the Secretary concerned may
enter into an agreement to hold harmless, defend, and indemnify in full
any person or entity to whom the Secretary concerned leases real
property under subsection (a) from and against any suit, claim, demand
or action, liability, judgment, cost, or other fee arising out of--
``(A) any claim for personal injury, property damage
(including death, illness, or loss of or damage to property or
economic loss), that results from, or is in any manner
predicated upon, the release or threatened release of any
hazardous substance, pollutant or contaminant, petroleum or
petroleum derivative, or unexploded ordnance as a result of
Department of Defense activities on the military installation
at which the leased property is located; and
``(B) any legally binding obligation to respond pursuant to
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other
Federal law, or any State law, that results from, or is in any
manner predicated upon, the release or threatened release of
any hazardous substance, pollutant or contaminant, petroleum or
petroleum derivative, or unexploded ordnance as a result of
Department of Defense activities on the military installation
at which the leased property is located.
``(2) Any agreement entered into pursuant to paragraph (1) shall
provide that--
``(A) if, at the time of a claim for indemnification under
the agreement, less than 50 percent of the release or
threatened release of hazardous substances, pollutants or
contaminants, petroleum or petroleum derivatives, or unexploded
ordnance giving rise to the suit, claim, demand or action,
liability, judgment, cost, or other fee for which
indemnification is demanded is a result of Department of
Defense activities, the indemnification authorized by paragraph
(1) shall not apply; and
``(B) if, at the time of a claim for indemnification under
the agreement, 50 percent or more of the release or threatened
release of hazardous substances, pollutants or contaminants,
petroleum or petroleum derivatives, or unexploded ordnance
giving rise to the suit, claim, demand or action, liability,
judgment, cost, or other fee for which indemnification is
demanded is a result of Department of Defense activities, the
indemnification authorized by paragraph (1) shall be reduced to
the extent of the contribution to any such release or
threatened release of any person or entity other than the
Department of Defense.
``(3) No indemnification may be afforded under an agreement under
this subsection unless the person or entity making a claim for
indemnification--
``(A) notifies the Secretary concerned in writing within
two months of the filing of any suit, claim, demand, or action
that reasonably could be expected to give rise to a liability,
judgment, cost, or other fee to which the agreement applies and
at least one month before settlement or other resolution of
such suit, claim, demand, or action;
``(B) furnishes to the Secretary concerned copies of
pertinent papers the person or entity receives;
``(C) furnishes evidence or proof of any suit, claim,
demand or action, liability, judgment, cost, or other fee
covered by this subsection;
``(D) provides, upon request of the Secretary concerned,
access to the records and personnel of the person or entity for
purposes of defending or settling any such suit, claim, demand,
or action; and
``(E) if the Secretary concerned chooses not to defend or
settle any such suit, claim, demand, or action, the person or
entity making a claim for indemnification notifies the
Secretary concerned in writing within one month of any
judgment, settlement, or other resolution of the suit, claim,
demand, or action.
``(4)(A) In any case in which the Secretary concerned determines
that the military department may be required to make indemnification
payments to a person or entity under this subsection, the Secretary
concerned may settle or defend, on behalf of the person or entity, the
suit, claim, demand, or action that could give rise to such
requirement.
``(B) In any case described in subparagraph (A), if the person or
entity to whom the military department may be required to make
indemnification payments does not allow the Secretary concerned to
settle or defend the claim, the person or entity may not be afforded
indemnification with respect to the claim under this subsection.
``(5) Nothing in this subsection shall be construed as affecting or
modifying in any way the applicability of the provisions of section
120(h) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)).''.
(e) Definitions.--That section is further amended by adding at the
end the following new subsection:
``(j) In this section:
``(1) The term `congressional defense committees' means:
``(A) The Committees on Armed Services and
Appropriations of the Senate.
``(B) The Committees on Armed Services and
Appropriations of the House of Representatives.
``(2) The term `base closure law' means the following:
``(A) Section 2687 of this title.
``(B) 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).
``(C) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
``(3) The terms `hazardous substance', `release', and
`pollutant or contaminant' have the meanings given such terms
in paragraphs (14), (22), and (33) of section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, respectively (42 U.S.C. 9601 (14), (22),
and (33)).
``(4) The term `military installation' has the meaning
given such term in section 2687(e)(1) of this title.''.
(f) Treatment of Certain Receipts.--(1) From the money rentals
resulting from leases entered into under section 2667 of title 10,
United States Code, an amount equal to $20,100,000 shall be deposited
in the Treasury as miscellaneous receipts in each of fiscal years 2001
through 2005, inclusive.
(2) The amount of the deposit under paragraph (1) in any fiscal
year covered by that paragraph may be reduced only to the extent that
other receipts of the Department of Defense for such fiscal year in an
amount equal to such reduction are deposited in the Treasury as
miscellaneous receipts in such fiscal year.
SEC. 2813. EXPANSION OF PROCEDURES FOR SELECTION OF CONVEYEES UNDER
AUTHORITY TO CONVEY UTILITY SYSTEMS.
Section 2688(b) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``If more than one''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1), the Secretary concerned may
use procedures other than competitive procedures for the selection of a
conveyee of a utility under subsection (a) in accordance with the
provisions of subsections (c) through (f) of section 2304 this
title.''.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. SCOPE OF AGREEMENTS TO TRANSFER PROPERTY TO REDEVELOPMENT
AUTHORITIES WITHOUT CONSIDERATION UNDER THE BASE CLOSURE
LAWS.
(a) 1990 Law.--Section 2905(b)(4)(B)(i) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note) is amended by striking ``the transfer'' and
inserting ``the initial transfer of property''.
(b) 1988 Law.--Section 204(b)(4)(B)(i) of the Defense Authorization
Amendments and Base Closure and Realignment Act (title II of Public Law
100-526; 10 U.S.C. 2687 note) is amended by striking ``the transfer''
and inserting ``the initial transfer of property''.
Subtitle D--Land Conveyances
Part I--Army Conveyances
SEC. 2831. LAND CONVEYANCE, CHARLES MELVIN PRICE SUPPORT CENTER,
ILLINOIS.
(a) Conveyance Authorized.--(1) The Secretary of the Army may
convey to the Tri-City Regional Port District of Granite City, Illinois
(in this section referred to as the ``Port District''), all right,
title, and interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of approximately
752 acres and known as the Charles Melvin Price Support Center, for the
purpose of permitting the Port District to use the parcel for
development of a port facility and for other public purposes.
(2) The property to be conveyed under paragraph (1) shall include
158 units of military family housing at the Charles Melvin Price
Support Center for the purpose of permitting the Port District to use
the housing to provide affordable housing, but only if the Port
District agrees to accord first priority to members of the Armed Forces
in the lease of the housing.
(3) The Secretary of the Army may include as part of the conveyance
under paragraph (1) such personal property of the Army at the Charles
Melvin Price Support Center that the Secretary of Transportation
considers appropriate for the development or operation of the port
facility if the Secretary of the Army determines that such property is
excess to the needs of the Army.
(b) Interim Lease.--Until such time as the real property described
in subsection (a) is conveyed by deed, the Secretary of the Army may
lease the property to the Port District.
(c) Consideration.--(1) The conveyance under subsection (a) shall
be made without consideration as a public benefit conveyance for port
development if the Secretary of the Army determines that the Port
District satisfies the criteria specified in section 203(q) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484(q)) and regulations prescribed to implement such section. If the
Secretary determines that the Port District fails to qualify for a
public benefit conveyance, but still desires to acquire the property,
the Port District shall pay to the United States an amount equal to the
fair market value of the property to be conveyed. The fair market value
of the property shall be determined by the Secretary.
(2) The Secretary may accept as consideration for a lease of the
property under subsection (b) an amount that is less than fair market
value of the property leased if the Secretary determines that the
public interest will be served as a result of the lease on that basis.
(d) Army Reserve Conference Center.--(1) Notwithstanding the total
acreage of the parcel authorized for conveyance under subsection (a),
the Secretary of the Army may retain a portion of the parcel, not to
exceed 50 acres, for the development of an Army Reserve Conference
Center.
(2) In selecting acreage for retention under this subsection, the
Secretary shall ensure that the location and use of the retained
acreage does not interfere with the Port District's use of the
remainder of the parcel for development of a port facility and for
other public purposes.
(3) At such time as the Secretary determines that the acreage
retained under this subsection is no longer needed for an Army Reserve
Conference Center, the Secretary shall convey the acreage to the Port
District in accordance with subsection (c).
(e) Federal Lease of Facilities.--(1) As a condition for the
conveyance under subsection (a), the Secretary of the Army may require
that the Port District lease to the Department of Defense or any other
Federal agency facilities for use by the agency on the property being
conveyed. Any lease under this subsection shall be made under terms and
conditions satisfactory to the Secretary and the Port District.
(2) The agency leasing a facility under this subsection shall
provide for the maintenance of the facility or pay the Port District to
maintain the facility. Maintenance of the leased facilities performed
by the Port District shall be to the reasonable satisfaction of the
United States, or as required by all applicable Federal, State, and
local laws and ordinances.
(3) At the end of a lease under this subsection, the facility
covered by the lease shall revert to the Port District.
(f) Flood Control Easement.--The Port District shall grant to the
Secretary of the Army an easement on the property conveyed under
subsection (a) for the purpose of permitting the Secretary to implement
and maintain flood control projects. The Secretary, acting through the
Corps of Engineers, shall be responsible for the maintenance of any
flood control project built on the property pursuant to the easement.
(g) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary of the Army and
the Port District.
(h) Additional Terms.--The Secretary of the Army may require such
additional terms and conditions in connection with the conveyance as
the Secretary considers appropriate to protect the interests of the
United States.
SEC. 2832. LAND CONVEYANCE, LIEUTENANT GENERAL MALCOLM HAY ARMY RESERVE
CENTER, PITTSBURGH, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the City of Pittsburgh, Pennsylvania (in this section referred to as
the ``City''), all right, title, and interest of the United States in
and to a parcel of real property, including improvements thereon,
consisting of approximately 2.68 acres located at 950 Saw Mill Run
Boulevard in Pittsburgh, Pennsylvania, and containing the Lieutenant
General Malcolm Hay Army Reserve Center.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall pay to the United States an amount equal
to the fair market value of the property to be conveyed, as determined
by the Secretary.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under this section
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the City.
(d) Additional Terms and Consideration.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2833. LAND CONVEYANCE, COLONEL HAROLD E. STEELE ARMY RESERVE
CENTER AND MAINTENANCE SHOP, PITTSBURGH, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the Ellis School, Pittsburgh, Pennsylvania (in this section referred to
as the ``School''), all right, title, and interest of the United States
in and to a parcel of real property, including improvements thereon,
consisting of approximately 2 acres located at 6482 Aurelia Street in
Pittsburgh, Pennsylvania, and containing the Colonel Harold E. Steele
Army Reserve Center and Maintenance Shop.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the School shall pay to the United States an amount
equal to the fair market value of the property to be conveyed, as
determined by the Secretary.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under this section
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the School.
(d) Additional Terms and Consideration.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2834. LAND CONVEYANCE, FORT LAWTON, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the City of Seattle, Washington (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to the real property at Fort Lawton,
Washington, consisting of Area 500 and Government Way from 36th Avenue
to Area 500, for purposes of the inclusion of the property in Discovery
Park, Seattle, Washington.
(b) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary. The cost of
the survey shall be borne by the City.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2835. LAND CONVEYANCE, VANCOUVER BARRACKS, WASHINGTON.
(a) Conveyance of West Barracks Authorized.--The Secretary of the
Army may convey, without consideration, to the City of Vancouver,
Washington (in this section referred to as the ``City''), all right,
title, and interest of the United States in and to a parcel of real
property, including any improvements thereon, encompassing 19
structures at Vancouver Barracks, Washington, which are identified by
the Army using numbers between 602 and 676, and are known as the west
barracks.
(b) Purpose.--The purpose of the conveyance authorized by
subsection (a) shall be to include the property described in that
subsection in the Vancouver National Historic Reserve, Washington.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the City.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
authorized by subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
Part II--Navy Conveyances
SEC. 2851. MODIFICATION OF LAND CONVEYANCE, MARINE CORPS AIR STATION,
EL TORO, CALIFORNIA.
(a) Use of Consideration for Conveyance at MCAS, Miramar,
California.--Section 2811(a)(2) of the Military Construction
Authorization Act for Fiscal Years 1990 and 1991 (division B of Public
Law 101-189; 103 Stat. 1650) is amended by striking ``of additional
military family housing units at Marine Corps Air Station, Tustin,
California.'' and inserting ``and repair of roads and development of
aerial port of embarkation facilities at Marine Corps Air Station,
Miramar, California.''.
(b) Conforming Amendment.--The section heading of such section is
amended by striking ``, AND CONSTRUCTION OF FAMILY HOUSING AT MARINE
CORPS AIR STATION, TUSTIN, CALIFORNIA''.
SEC. 2852. MODIFICATION OF LAND CONVEYANCE, DEFENSE FUEL SUPPLY POINT,
CASCO BAY, MAINE.
Section 2839 of the Military Construction Authorization Act for
Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat. 3065) is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Replacement of Removed Electric Utility Service.--(1) The
Secretary of Defense may replace the electric utility service removed
during the course of environmental remediation carried out with respect
to the property to be conveyed under subsection (a), including the
procurement and installation of electrical cables, switch cabinets, and
transformers associated with the service.
``(2) As part of the replacement of the electric utility service
under paragraph (1), the Secretary of Defense may, in consultation with
the Town, improve the electric utility service and install
telecommunications service. The Town shall pay any cost associated with
the improvement of the electric utility service and the installation of
telecommunications service under this paragraph.''.
SEC. 2853. MODIFICATION OF LAND CONVEYANCE AUTHORITY, FORMER NAVAL
TRAINING CENTER, BAINBRIDGE, CECIL COUNTY, MARYLAND.
Section 1 of Public Law 99-596 (100 Stat. 3349) is amended--
(1) in subsection (a), by striking ``subsections (b)
through (f)'' and inserting ``subsections (b) through (e)'';
(2) by striking subsection (b) and inserting the following
new subsection (b):
``(b) Consideration.--(1) In the event of the transfer of the
property under subsection (a) to the State of Maryland, the transfer
shall be with consideration or without consideration from the State of
Maryland, at the election of the Secretary.
``(2) If the Secretary elects to receive consideration from the
State of Maryland under paragraph (1), the Secretary may reduce the
amount of consideration to be received from the State of Maryland under
that paragraph by an amount equal to the cost, estimated as of the time
of the transfer of the property under this section, of the restoration
of the historic buildings on the property. The total amount of the
reduction of consideration under this paragraph may not exceed
$500,000.'';
(3) by striking subsection (d); and
(4) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
SEC. 2854. LAND CONVEYANCE, NAVAL COMPUTER AND TELECOMMUNICATIONS
STATION, CUTLER, MAINE.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the State of Maine, any political subdivision
of the State of Maine, or any tax-supported agency in the State of
Maine, all right, title, and interest of the United States in and to a
parcel of real property, together with any improvements thereon,
consisting of approximately 263 acres located in Washington County,
Maine, and known as the Naval Computer and Telecommunications Station
(NCTS), Cutler, Maine.
(b) Reimbursement for Environmental and Other Assessments.--(1) The
Secretary may require the recipient of the property conveyed under this
section to reimburse the Secretary for the costs incurred by the
Secretary for any environmental assessments and other studies and
analyses carried out by the Secretary with respect to the property to
be conveyed under this section before the conveyance of the property
under this section.
(2) The amount of any reimbursement required under paragraph (1)
shall be determined by the Secretary and may not exceed the cost of the
assessments, studies, and analyses for which reimbursement is required
under that paragraph.
(3) Amounts paid as reimbursement for costs under this subsection
shall be credited to the account from which the costs were paid.
Amounts so credited to an account shall be merged with funds in the
account, and shall be available for the same purposes and subject to
the same limitations as the funds with which merged.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary. The cost of
the survey shall be borne by the recipient of the property under this
section.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
Part III--Defense Agencies Conveyances
SEC. 2871. LAND CONVEYANCE, ARMY AND AIR FORCE EXCHANGE SERVICE
PROPERTY, FARMERS BRANCH, TEXAS.
(a) Conveyance Authorized.--(1) The Secretary of Defense may convey
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, under the
jurisdiction of the Army and Air Force Exchange Service that is located
at 2727 LBJ Freeway, Farmers Branch, Texas.
(2) The Secretary shall carry out any activities under this section
(other than activities under subsections (e) and (g)) through the Army
and Air Force Exchange Service.
(b) Consideration.--As consideration for the conveyance of property
under subsection (a) the Secretary shall require a cash payment in an
amount equal to the fair market value (as determined by the Secretary)
of the property. The cash payment shall be made in a lump-sum payment.
(c) Treatment of Payment.--Any cash payment received under
subsection (b) shall be processed in accordance with section 204(c) of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
485(c)).
(d) Application of Other Laws.--The conveyance authorized by
subsection (a) shall not be subject to the following:
(1) Section 2693 of title 10, United States Code.
(2) The provisions of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
(3) Section 501 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411).
(4) Any other provision of law which is inconsistent with a
provision of this section.
(e) Report.--Not later than one year after the conveyance, if any,
of property under this section, the Secretary shall submit to the
congressional defense committees a report on the conveyance. The report
shall set forth the details of the conveyance.
(f) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary. The cost of
the survey shall be borne by the prospective purchaser of the property.
(g) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
Subtitle E--Other Matters
SEC. 2881. NAMING OF ARMY MISSILE TESTING RANGE AT KWAJALEIN ATOLL AS
THE RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE AT
KWAJALEIN ATOLL.
The United States Army missile testing range located at Kwajalein
Atoll in the Marshall Islands shall be known and designated as the
``Ronald Reagan Ballistic Missile Defense Test Site at Kwajalein
Atoll''. Any reference to that range in any law, regulation, map,
document, record, or other paper of the United States shall be
considered to be a reference to the Ronald Reagan Ballistic Missile
Defense Test Site at Kwajalein Atoll.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2001 for national nuclear
security administration in carrying out programs necessary for national
security in the amount of $6,214,835,000, to be allocated as follows:
(1) Weapons activities.--For weapons activities necessary
for national nuclear security administration, $4,672,800,000,
to be allocated as follows:
(A) Stewardship operation and maintenance.--For
stewardship operation and maintenance in carrying out
weapons activities necessary for national nuclear
security administration, $3,887,383,000, to be
allocated as follows:
(i) For directed stockpile work,
$842,603,000.
(ii) For campaigns, $1,496,982,000.
(iii) For readiness in technical base and
facilities, $1,547,798,000.
(B) Secure transportation assets.--For secure
transportation assets in carrying out weapons
activities necessary for national nuclear security
administration, $115,673,000, to be allocated as
follows:
(i) For operation and maintenance,
$79,357,000.
(ii) For program direction (secure
transportation), $36,316,000.
(C) Program direction.--For program direction in
carrying out weapons activities necessary for national
nuclear security administration, $221,257,000.
(D) Construction.--For construction (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and
land acquisition related thereto) in carrying out
weapons activities necessary for national nuclear
security administration, $448,173,000, to be allocated
as follows:
Project 01-D-101, distributed information
systems laboratory, Sandia National
Laboratories, Livermore, California,
$2,300,000.
Project 01-D-103, preliminary project
design and engineering, various locations,
$14,500,000.
Project 01-D-124, highly enriched uranium
(HEU) materials facility, Y-12 Plant, Oak
Ridge, Tennessee, $17,800,000.
Project 01-D-126, weapons evaluation test
laboratory, Pantex Plant, Amarillo, Texas,
$3,000,000.
Project 00-D-103, terascale simulation
facility, Lawrence Livermore National
Laboratory, Livermore, California, $5,000,000.
Project 00-D-105, strategic computing
complex, Los Alamos National Laboratory, Los
Alamos, New Mexico, $56,000,000.
Project 00-D-107, joint computational
engineering laboratory, Sandia National
Laboratories, Albuquerque, New Mexico,
$6,700,000.
Project 99-D-103, isotope sciences
facilities, Lawrence Livermore National
Laboratory, Livermore, California, $5,000,000.
Project 99-D-104, protection of real
property (roof reconstruction, Phase II)
Lawrence Livermore National Laboratory,
Livermore, California, $2,800,000.
Project 99-D-106, model validation and
systems certification test center, Sandia
National Laboratories, Albuquerque, New Mexico,
$5,200,000.
Project 99-D-108, renovate existing
roadways, Nevada Test Site, Nevada, $2,000,000.
Project 99-D-125, replace boilers and
controls, Kansas City Plant, Kansas City,
Missouri, $13,000,000.
Project 99-D-127, stockpile management
restructuring initiative, Kansas City Plant,
Kansas City, Missouri, $23,765,000.
Project 99-D-128, stockpile management
restructuring initiative, Pantex Plant
consolidation, Amarillo, Texas, $4,998,000.
Project 99-D-132, stockpile management
restructuring initiative, nuclear materials
safeguards and security upgrades project, Los
Alamos National Laboratory, Los Alamos, New
Mexico, $18,043,000.
Project 98-D-123, stockpile management
restructuring initiative, tritium facility
modernization and consolidation, Savannah River
Site, Aiken, South Carolina, $30,767,000.
Project 98-D-125, tritium extraction
facility, Savannah River Site, Aiken, South
Carolina, $75,000,000.
Project 98-D-126, Accelerator Production of
Tritium (APT), various locations, $34,000,000.
Project 97-D-102, dual-axis radiographic
hydrotest facility (DARHT), Los Alamos National
Laboratory, Los Alamos, New Mexico,
$35,232,000.
Project 97-D-123, structural upgrades,
Kansas City Plant, Kansas City, Missouri,
$2,918,000.
Project 96-D-111, national ignition
facility (NIF), Lawrence Livermore National
Laboratory, Livermore, California, $74,100,000.
Project 95-D-102, chemistry and metallurgy
research upgrades project, Los Alamos National
Laboratory, Los Alamos, New Mexico,
$13,337,000.
Project 88-D-123, security enhancement,
Pantex Plant, Amarillo, Texas, $2,713,000.
(2) Defense nuclear nonproliferation.--For defense nuclear
nonproliferation necessary for national nuclear security
administration, $847,035,000, to be allocated as follows:
(A) Nonproliferation and verification research and
development.--For nonproliferation and verification
research and development technology in carrying out
defense nuclear nonproliferation necessary for national
nuclear security administration, $262,990,000, to be
allocated as follows:
(i) For operation and maintenance,
$255,990,000.
(ii) For the following plant project
(including maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $7,000,000, to be allocated
as follows:
Project 00-D-192, nonproliferation
and international security center
(NISC), Los Alamos National Laboratory,
Los Alamos, New Mexico, $7,000,000.
(B) Arms control.--For arms control in carrying out
defense nuclear nonproliferation necessary for national
nuclear security administration, $308,060,000, to be
allocated as follows:
(i) For arms control operations,
$272,870,000.
(ii) For highly enriched uranium (HEU)
transparency implementation, $15,190,000.
(iii) For international nuclear safety,
$20,000,000.
(C) Fissile materials disposition.--For fissile
materials disposition in carrying out defense nuclear
nonproliferation necessary for national nuclear
security administration, $224,517,000, to be allocated
as follows:
(i) For operation and maintenance,
$175,517,000.
(ii) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $49,000,000, to be allocated
as follows:
Project 00-D-142, immobilization
and associated processing facility,
titles I and II design, Savannah River
Site, Aiken, South Carolina,
$3,000,000.
Project 99-D-141, pit disassembly
and conversion facility, titles I and
II design, Savannah River Site, Aiken,
South Carolina, $31,000,000.
Project 99-D-143, mixed oxide fuel
fabrication facility, titles I and II
design, Savannah River Site, Aiken,
South Carolina, $15,000,000.
(D) Program direction.--For program direction in
carrying out defense nuclear nonproliferation necessary
for national nuclear security administration,
$51,468,000.
(3) Naval reactors.--For naval reactors activities
necessary for national nuclear security administration,
$695,000,000, to be allocated as follows:
(A) Naval reactors development.--For naval reactors
development in carrying out naval reactors activities
necessary for national nuclear security administration,
$673,600,000, to be allocated as follows:
(i) For operation and maintenance,
$644,900,000.
(ii) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $28,700,000, to be allocated
as follows:
Project GPN-101, general plant
projects, various locations,
$11,400,000.
Project 01-D-200, major office
replacement building, Schenectady, New
York, $1,300,000.
Project 90-N-102, expended core
facility dry cell project, Naval
Reactors Facility, Idaho Falls, Idaho,
$16,000,000.
(B) Program direction.--For program direction in
carrying out naval reactors activities necessary for
national nuclear security administration, $21,400,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) In General.--Subject to subsection (b), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 2001 for environmental restoration and waste management activities
in carrying out programs necessary for national security in the amount
of $5,501,824,000, to be allocated as follows:
(1) Closure projects.--For closure projects carried out in
accordance with section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2836; 42 U.S.C. 7277n), $1,082,297,000
(2) Site/project completion.--For site completion and
project completion in carrying out environmental management
activities necessary for national security programs,
$930,951,000, to be allocated as follows:
(A) For operation and maintenance, $861,475,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $69,476,000, to be
allocated as follows:
Project 01-D-402, Intec cathodic protection
system expansion, Idaho National Engineering
and Environmental Laboratory, Idaho Falls,
Idaho, $500,000.
Project 01-D-407, highly enriched uranium
(HEU) blend down, Savannah River Site, Aiken,
South Carolina, $27,932,000.
Project 99-D-402, tank farm support
services, F&H areas, Savannah River Site,
Aiken, South Carolina, $7,714,000.
Project 99-D-404, health physics
instrumentation laboratory, Idaho National
Engineering and Environmental Laboratory, Idaho
Falls, Idaho, $4,300,000.
Project 98-D-453, plutonium stabilization
and handling system for plutonium finishing
plant, Richland, Washington, $1,690,000.
Project 97-D-470, regulatory monitoring and
bioassay laboratory, Savannah River Site,
Aiken, South Carolina, $3,949,000.
Project 96-D-471, chlorofluorocarbon
heating, ventilation, and air conditioning and
chiller retrofit, Savannah River Site, Aiken,
South Carolina, $12,512,000.
Project 92-D-140, F&H canyon exhaust
upgrades, Savannah River Site, Aiken, South
Carolina, $8,879,000.
Project 86-D-103, decontamination and waste
treatment facility, Lawrence Livermore National
Laboratory, Livermore, California, $2,000,000.
(3) Post 2006 completion.--For post-2006 completion in
carrying out environmental restoration and waste management
activities necessary for national security programs,
$3,028,457,000, to be allocated as follows:
(A) For operation and maintenance, $2,533,725,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $99,732,000, to be
allocated as follows:
Project 01-D-403, immobilized high-level
waste interim storage facility, Richland,
Washington, $1,300,000.
Project 99-D-403, privatization phase I
infrastructure support, Richland, Washington,
$7,812,000.
Project 97-D-402, tank farm restoration and
safe operations, Richland, Washington,
$46,023,000.
Project 94-D-407, initial tank retrieval
systems, Richland, Washington, $17,385,000.
Project 93-D-187, high-level waste removal
from filled waste tanks, Savannah River Site,
Aiken, South Carolina, $27,212,000.
(4) Science and technology development.--For science and
technology development in carrying out environmental
restoration and waste management activities necessary for
national security programs, $246,548,000.
(5) Program direction.--For program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs, $354,888,000.
(b) Adjustment.--The total amount authorized to be appropriated by
subsection (a) is the sum of the amounts authorized to be appropriated
by paragraphs (1) through (5) of that subsection, reduced by
$141,317,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--Subject to subsection (b), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 2001 for other defense activities in carrying out programs
necessary for national security in the amount of $536,322,000, to be
allocated as follows:
(1) Intelligence.--For intelligence in carrying out other
defense activities necessary for national security programs,
$38,059,000, to be allocated as follows:
(A) For operation and maintenance, $36,059,000.
(B) For the following plant project (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and
land acquisition related thereto), $2,000,000, to be
allocated as follows:
Project 01-D-800, sensitive compartmented
information facility, Lawrence Livermore
National Laboratory, Livermore, California,
$2,000,000.
(2) Counterintelligence.--For counterintelligence in
carrying out other defense activities necessary for national
security programs, $75,200,000.
(3) Security and emergency operations.--For security and
emergency operations in carrying out other defense activities
necessary for national security programs, $281,576,000, to be
allocated as follows:
(A) For nuclear safeguards and security,
$124,409,000.
(B) For security investigations, $33,000,000.
(C) For emergency management, $37,300,000.
(D) For program direction, $86,867,000.
(4) Independent oversight and performance assurance.--For
independent oversight and performance assurance in carrying out
other defense activities necessary for national security
programs, $14,937,000, to be allocated for program direction.
(5) Environment, safety, and health, defense.--For
environment, safety, and health, defense, in carrying out other
defense activities necessary for national security programs,
$99,050,000, to be allocated as follows:
(A) For the Office of Environment, Safety, and
Health (Defense), $76,446,000.
(B) For program direction, $22,604,000.
(6) Worker and community transition.--For worker and
community transition in carrying out other defense activities
necessary for national security programs, $24,500,000, to be
allocated as follows:
(A) For operation and maintenance, $21,500,000.
(B) For program direction, $3,000,000.
(7) Office of hearings and appeals.--For the Office of
Hearings and Appeals in carrying out other defense activities
necessary for national security programs, $3,000,000.
(b) Adjustments.--(1) The amount authorized to be appropriated
pursuant to subsection (a)(3)(B) is reduced by $20,000,000 to reflect
an offset provided by user organizations for security investigations.
(2) The total amount authorized to be appropriated by subsection
(a) is the sum of the amounts authorized to be appropriated by
paragraphs (1) through (7) of that subsection, reduced by $50,000,000.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2001 for privatization
initiatives in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $540,092,000, to be allocated as follows:
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $25,092,000.
Project 97-PVT-1, tank waste remediation system project,
phase I, Richland, Washington, $450,000,000.
Project 97-PVT-2, advanced mixed waste treatment project
Idaho Falls, Idaho, $65,000,000.
(b) Explanation of Adjustment.--The amount authorized to be
appropriated pursuant to subsection (a) is the sum of the amounts
authorized to be appropriated for the projects in that subsection
reduced by $25,092,000 for use of prior year balances of funds for
defense environmental management privatization.
SEC. 3105. ENERGY EMPLOYEES COMPENSATION INITIATIVE.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2001 for an energy employees compensation
initiative in the amount of $17,000,000.
SEC. 3106. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2001 for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(c)) in the amount of $112,000,000.
SEC. 3107. INTERIM STORAGE ACTIVITIES.
The amounts authorized to be appropriated to the Department of
Energy by sections 3101, 3102, 3103, 3104, 3105, and 3106 are hereby
reduced by $85,000,000, for interim storage activities.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to the
congressional defense committees the report referred to in subsection
(b) and a period of 30 days has elapsed after the date on which such
committees receive the report, the Secretary may not use amounts
appropriated pursuant to this title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that
program by this title; or
(B) $ 1,000,000 more than the amount authorized for
that program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a) is a
report containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
the proposed action.
(2) In the computation of the 30-day period under subsection (a),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 days to a day
certain.
(c) Limitations.--(1) In no event may the total amount of funds
obligated pursuant to this title exceed the total amount authorized to
be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used for
an item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects authorized by
this title if the total estimated cost of the construction project does
not exceed $5,000,000.
(b) Report to Congress.--If, at any time during the construction of
any general plant project authorized by this title, the estimated cost
of the project is revised because of unforeseen cost variations and the
revised cost of the project exceeds $5,000,000, the Secretary shall
immediately furnish a report to the congressional defense committees
explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or additional
obligations incurred in connection with the project above the total
estimated cost, whenever the current estimated cost of the construction
project, authorized by 3101, 3102, or 3103, or which is in support of
national security programs of the Department of Energy and was
authorized by any previous Act, exceeds by more than 25 percent the
higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted
to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph (2),
there is excluded any day on which either House of Congress is not in
session because of an adjournment of more than 3 days to a day certain.
(b) Exception.--Subsection (a) does not apply to a construction
project with a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy
may transfer funds authorized to be appropriated to the Department of
Energy pursuant to this title to other Federal agencies for the
performance of work for which the funds were authorized. Funds so
transferred may be merged with and be available for the same purposes
and for the same time period as the authorizations of the Federal
agency to which the amounts are transferred.
(b) Transfer Within Department of Energy.--(1) Subject to paragraph
(2), the Secretary of Energy may transfer funds authorized to be
appropriated to the Department of Energy pursuant to this title between
any such authorizations. Amounts of authorizations so transferred may
be merged with and be available for the same purposes and for the same
period as the authorization to which the amounts are transferred.
(2) Not more than 5 percent of any such authorization may be
transferred between authorizations under paragraph (1). No such
authorization may be increased or decreased by more than 5 percent by a
transfer under such paragraph.
(c) Limitations.--The authority provided by this subsection to
transfer authorizations--
(1) may be used only to provide funds for items relating to
activities necessary for national security programs that have a
higher priority than the items from which the funds are
transferred; and
(2) may not be used to provide funds for an item for which
Congress has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall promptly
notify the Committees on Armed Services of the Senate and House of
Representatives of any transfer of funds to or from authorizations
under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement of Conceptual Design.--(1) Subject to paragraph (2)
and except as provided in paragraph (3), before submitting to Congress
a request for funds for a construction project that is in support of a
national security program of the Department of Energy, the Secretary of
Energy shall complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design for a
construction project exceeds $3,000,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before
submitting a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a request
for funds--
(A) for a construction project the total estimated cost of
which is less than $5,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the amounts
authorized by this title, the Secretary of Energy may carry out
construction design (including architectural and engineering services)
in connection with any proposed construction project if the total
estimated cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000, funds for
that design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available
to the Department of Energy pursuant to an authorization in this title,
including funds authorized to be appropriated for advance planning and
construction design under sections 3101, 3102, and 3103, to perform
planning, design, and construction activities for any Department of
Energy national security program construction project that, as
determined by the Secretary, must proceed expeditiously in order to
protect public health and safety, to meet the needs of national
defense, or to protect property.
(b) Limitation.--The Secretary may not exercise the authority under
subsection (a) in the case of any construction project until the
Secretary has submitted to the congressional defense committees a
report on the activities that the Secretary intends to carry out under
this section and the circumstances making those activities necessary.
(c) Specific Authority.--The requirement of section 3125(b)(2) does
not apply to emergency planning, design, and construction activities
conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section 3121,
amounts appropriated pursuant to this title for management and support
activities and for general plant projects are available for use, when
necessary, in connection with all national security programs of the
Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), when so
specified in an appropriations Act, amounts appropriated for operation
and maintenance or for plant projects may remain available until
expended.
(b) Exception for Program Direction Funds.--Amounts appropriated
for program direction pursuant to an authorization of appropriations in
subtitle A shall remain available to be expended only until the end of
fiscal year 2003.
SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of each field
office of the Department of Energy with the authority to transfer
defense environmental management funds from a program or project under
the jurisdiction of the office to another such program or project.
(b) Limitations.--(1) Only one transfer may be made to or from any
program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project under
subsection (a) may not exceed $5,000,000 in a fiscal year.
(3) A transfer may not be carried out by a manager of a field
office under subsection (a) unless the manager determines that the
transfer is necessary to address a risk to health, safety, or the
environment or to assure the most efficient use of defense
environmental management funds at the field office.
(4) Funds transferred pursuant to subsection (a) may not be used
for an item for which Congress has specifically denied funds or for a
new program or project that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later than 30
days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to
a field office of the Department of Energy, any of the
following:
(A) A program referred to or a project listed in
paragraphs (2) through (5) of section 3102(a).
(B) A program or project not described in
subparagraph (A) that is for environmental restoration
or waste management activities necessary for national
security programs of the Department, that is being
carried out by the office, and for which defense
environmental management funds have been authorized and
appropriated before the date of the enactment of this
Act.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant
to an authorization for carrying out environmental restoration
and waste management activities necessary for national security
programs.
(f) Duration of Authority.--The managers of the field offices of
the Department may exercise the authority provided under subsection (a)
during the period beginning on October 1, 2000, and ending on September
30, 2001.
Subtitle C--National Nuclear Security Administration
SEC. 3131. TERM OF OFFICE OF PERSON FIRST APPOINTED AS UNDER SECRETARY
FOR NUCLEAR SECURITY OF THE DEPARTMENT OF ENERGY.
(a) Length of Term.--The term of office as Under Secretary for
Nuclear Security of the Department of Energy of the person first
appointed to that position shall be three years.
(b) Exclusive Reasons for Removal.--The exclusive reasons for
removal from office as Under Secretary for Nuclear Security of the
person described in subsection (a) shall be inefficiency, neglect of
duty, or malfeasance in office.
(c) Position Described.--The position of Under Secretary for
Nuclear Security of the Department of Energy referred to in this
section is the position established by subsection (c) of section 202 of
the Department of Energy Organization Act (42 U.S.C. 7132), as added by
section 3202 of the National Nuclear Security Administration Act (title
XXXII of Public Law 106-65; 113 Stat. 954)).
SEC. 3132. MEMBERSHIP OF UNDER SECRETARY FOR NUCLEAR SECURITY ON THE
JOINT NUCLEAR WEAPONS COUNCIL.
(a) Membership.--Section 179 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking paragraph (3) and
inserting the following new paragraph (3):
``(3) The Under Secretary for Nuclear Security of the
Department of Energy.''; and
(2) in subsection (b)(2), by striking ``the representative
designated under subsection (a)(3)'' and inserting ``the Under
Secretary for Nuclear Security of the Department of Energy''.
(b) Conforming Amendment.--Section 3212 of the National Nuclear
Security Administration Act (title XXXII of the Public Law 106-65; 50
U.S.C. 2402) is amended by adding at the end the following new
subsection:
``(e) Membership on Joint Nuclear Weapons Council.--The
Administrator serves as a member of the Joint Nuclear Weapons Council
under section 179 of title 10, United States Code.''.
SEC. 3133. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY
ORGANIZATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Scope of Authority.--Subtitle A of the National Nuclear
Security Administration Act (title XXXII of Public Law 106-65; 113
Stat. 957; 50 U.S.C. 2401 et seq.) is amended by adding at the end the
following new section:
``SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY
ORGANIZATION OF ADMINISTRATION.
``Notwithstanding the authority granted by section 643 of the
Department of Energy Organization Act (42 U.S.C. 7253) or any other
provision of law, the Secretary of Energy may not establish, abolish,
alter, consolidate, or discontinue any organizational unit or
component, or transfer any function, of the Administration, except as
authorized by subsection (b) or (c) of section 3291.''.
(b) Conforming Amendments.--Section 643 of the Department of Energy
Organization Act (42 U.S.C. 7253) is amended--
(1) by striking ``The Secretary'' and inserting ``(a)
Subject to subsection (b), the Secretary''; and
(2) by adding at the end the following new subsection:
``(b) The authority of the Secretary to establish, abolish, alter,
consolidate, or discontinue any organizational unit or component of the
National Nuclear Security Administration is governed by the provisions
of section 3219 of the National Nuclear Security Administration Act
(title XXXII of Public Law 106-65).''.
SEC. 3134. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT
SERVICE OR DUTIES INSIDE AND OUTSIDE NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
Subtitle C of the National Nuclear Security Administration Act
(title XXXII of Public Law 106-65; 50 U.S.C. 2441 et seq.) is amended
by adding at the end the following new section:
``SEC. 3245. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT
SERVICE OR DUTIES INSIDE AND OUTSIDE ADMINISTRATION.
``Except as otherwise expressly provided by statute, no funds
authorized to be appropriated or otherwise made available for the
Department of Energy for any fiscal year after fiscal year 2000 may be
obligated or utilized to pay the basic pay of an officer or employee of
the Department of Energy who--
``(1) serves concurrently in a position in the
Administration and a position outside the Administration; or
``(2) performs concurrently the duties of a position in the
Administration and the duties of a position outside the
Administration.''.
SEC. 3135. ORGANIZATION PLAN FOR FIELD OFFICES OF THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) Plan Required.--Not later than March 1, 2001, the Administrator
of the National Nuclear Security Administration shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a plan for assigning roles and responsibilities to and among the
headquarters and field organizational units of the National Nuclear
Security Administration.
(b) Plan Elements.--The plan shall include the following:
(1) A general description of the organizational structure
of the administrative functions of the National Nuclear
Security Administration under the plan, including the
authorities and responsibilities to be vested in the units of
the headquarters, operations offices, and area offices of the
Administration.
(2) A description of any downsizing, elimination, or
consolidation of units of the headquarters, operations offices,
and area offices of the Administration that may be necessary to
enhance the efficiency of the Administration.
(3) A description of the modifications of staffing levels
of the headquarters, operations offices, and area offices of
the Administration, including any reductions in force,
employment of additional personnel, or realignments of
personnel, that are necessary to implement the plan.
(4) A schedule for the implementation of the plan.
(c) Included Facilities.--The plan shall address any administrative
units in the National Nuclear Security Administration, including units
in and under the following:
(1) The Department of Energy Headquarters, Washington,
District of Columbia, metropolitan area.
(2) The Albuquerque Operations Office, Albuquerque, New
Mexico.
(3) The Nevada Operations Office, Las Vegas, Nevada.
(4) The Oak Ridge Operations Office, Oak Ridge, Tennessee.
(5) The Oakland Operations Office, Oakland, California.
(6) The Savannah River Operations Office, Aiken, South
Carolina.
(7) The Los Alamos Area Office, Los Alamos, New Mexico.
(8) The Kirtland Area Office, Albuquerque, New Mexico.
(9) The Amarillo Area Office, Amarillo, Texas.
(10) The Kansas City Area Office, Kansas City, Missouri.
SEC. 3136. FUTURE-YEARS NUCLEAR SECURITY PROGRAM.
(a) Program Required.--(1) The Under Secretary for Nuclear Security
of the Department of Energy shall submit to the congressional defense
committees a future-years nuclear security program (including
associated annexes) for fiscal year 2001 and the five succeeding fiscal
years.
(2) The program shall reflect the estimated expenditures and
proposed appropriations included in the budget for fiscal year 2001
that is submitted to Congress in 2000 under section 1105(a) of title
31, United States Code.
(b) Program Detail.--The level of detail of the program submitted
under subsection (a) shall be equivalent to the level of detail in the
Project Baseline Summary system of the Department of Energy, if
practicable, but in no event below the following:
(1) In the case of directed stockpile work, detail as
follows:
(A) Stockpile research and development.
(B) Stockpile maintenance.
(C) Stockpile evaluation.
(D) Dismantlement and disposal.
(E) Production support.
(F) Field engineering, training, and manuals.
(2) In the case of campaigns, detail as follows:
(A) Primary certification.
(B) Dynamic materials properties.
(C) Advanced radiography.
(D) Secondary certification and nuclear system
margins.
(E) Enhanced surety.
(F) Weapons system engineering certification.
(G) Certification in hostile environments.
(H) Enhanced surveillance.
(I) Advanced design and production technologies.
(J) Inertial confinement fusion (ICF) ignition and
high yield.
(K) Defense computing and modeling.
(L) Pit manufacturing readiness.
(M) Secondary readiness.
(N) High explosive readiness.
(O) Nonnuclear readiness.
(P) Materials readiness.
(Q) Tritium readiness.
(3) In the case of readiness in technical base and
facilities, detail as follows:
(A) Operation of facilities.
(B) Program readiness.
(C) Special projects.
(D) Materials recycle and recovery.
(E) Containers.
(F) Storage.
(4) In the case of secure transportation assets, detail as
follows:
(A) Operation and maintenance.
(B) Program direction relating to transportation.
(5) Program direction.
(6) Construction (listed by project number).
(7) In the case of safeguards and security, detail as
follows:
(A) Operation and maintenance.
(B) Construction.
(c) Deadline for Submittal.--The future-years nuclear security
program required by subsection (a) shall be submitted not later than
November 1, 2000.
(d) Limitation on Use of Funds Pending Submittal.--Not more than 65
percent of the funds authorized to be appropriated or otherwise made
available for the Department of Energy for fiscal year 2001 by section
3101(c) may be obligated or expended until 45 days after the date on
which the Under Secretary of Energy for Nuclear Security submits to the
congressional defense committees the program required by subsection
(a).
SEC. 3137. COOPERATIVE RESEARCH AND DEVELOPMENT OF THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) Objective for Obligation of Funds.--It shall be an objective of
the Administrator of the National Nuclear Security Administration to
obligate funds for cooperative research and development agreements (as
that term is defined in section 12(d)(1) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)), or similar
cooperative, cost-shared research partnerships with non-Federal
organizations, in a fiscal year covered by subsection (b) in an amount
at least equal to the percentage of the total amount appropriated for
the Administration for such fiscal year that is specified for such
fiscal year under subsection (b).
(b) Fiscal Year Percentages.--The percentages of funds appropriated
for the National Nuclear Security Administration that are obligated in
accordance with the objective under subsection (a) are as follows:
(1) In each of fiscal years 2001 and 2002, 0.5 percent.
(2) In any fiscal year after fiscal year 2002, the
percentage recommended by the Administrator for each such
fiscal year in the report under subsection (c).
(c) Recommendations for Percentages in Later Fiscal Years.--Not
later than one year after the date of the enactment of this Act, the
Administrator shall submit to the congressional defense committees a
report setting forth the Administrator's recommendations for
appropriate percentages of funds appropriated for the National Nuclear
Security Administration to be obligated for agreements described in
subsection (a) during each fiscal year covered by the report.
(d) Consistency of Agreements.--Any agreement entered into under
this section shall be consistent with and in support of the mission of
the National Nuclear Security Administration.
(e) Reports on Achievement of Objective.--(1) Not later than March
30, 2002, and each year thereafter, the Administrator shall submit to
the congressional defense committees a report on whether funds of the
National Nuclear Security Administration were obligated in the fiscal
year ending in the preceding year in accordance with the objective for
such fiscal year under this section.
(2) If funds were not obligated in a fiscal year in accordance with
the objective under this section for such fiscal year, the report under
paragraph (1) shall--
(A) describe the actions the Administrator proposes to take
to ensure that the objective under this section for the current
fiscal year and future fiscal years will be met; and
(B) include any recommendations for legislation required to
achieve such actions.
Subtitle D--Program Authorizations, Restrictions, and Limitations
SEC. 3151. PROCESSING, TREATMENT, AND DISPOSITION OF LEGACY NUCLEAR
MATERIALS.
(a) Continuation.--The Secretary of Energy shall continue
operations and maintain a high state of readiness at the F-canyon and
H-canyon facilities at the Savannah River Site, Aiken, South Carolina,
and shall provide technical staff necessary to operate and so maintain
such facilities.
(b) Limitation on Use of Funds for Decommissioning of F-Canyon
Facility.--No amounts authorized to be appropriated or otherwise made
available for the Department of Energy by this Act or any other Act may
be obligated or expended for purposes of commencing the decommissioning
of the F-canyon facility at the Savannah River Site, including any
studies and planning relating to such decommissioning, until the
Secretary and the Defense Nuclear Facilities Safety Board jointly
submit to the congressional defense committees a certification as
follows:
(1) That all materials present in the facility as of the
date of the certification are safely stabilized.
(2) That requirements applicable to the facility in order
to meet the future needs of the United States for fissile
materials disposition can be met fully utilizing the H-canyon
facility at the Savannah River Site.
(c) Plan for Transfer of Long-Term Chemical Separation
Activities.--Not later than February 15, 2001, the Secretary shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a plan for the transfer of all long-term chemical
separation activities from the F-canyon facility to the H-canyon
facility at the Savannah River Site commencing in fiscal year 2002.
SEC. 3152. FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.
(a) Contingent Limitation on Availability of Funds for Certain
Travel Expenses.--Subject to the provisions of this section, no funds
authorized to be appropriated or otherwise made available for the
Department of Energy by this or any other Act may be obligated or
expended for travel by the Secretary of Energy or any employees of the
Office of the Secretary of Energy.
(b) Applicability.--The prohibition in subsection (a) shall take
effect on March 1, 2001, unless the Secretary of Energy makes a
certification to the congressional defense committees before that date
that the Department of Energy is in compliance with the requirements of
section 3131 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65; 113 Stat. 925; 10 U.S.C. 2701 note).
(c) Termination.--If the prohibition in subsection (a) takes effect
under subsection (b), the prohibition shall remain in effect until the
date on which the Secretary makes the certification described in
subsection (b).
SEC. 3153. DEPARTMENT OF ENERGY DEFENSE NUCLEAR NONPROLIFERATION
PROGRAMS.
(a) Nuclear Materials Protection, Control, and Accounting
Program.--(1) Not later than January 1, 2001, and each year thereafter,
the Secretary of Energy shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the
status of efforts during the preceding fiscal year under the Nuclear
Materials Protection, Control, and Accounting Program of the Department
of Energy to secure weapons-usable nuclear materials in Russia that
have been identified as being at risk for theft or diversion.
(2) Each report under paragraph (1) shall set forth the following:
(A) The number of buildings, including building locations,
that received complete and integrated materials protection,
control, and accounting systems for nuclear materials described
in paragraph (1) during the year covered by such report.
(B) The amounts of highly enriched uranium and plutonium in
Russia that have been secured under systems described in
subparagraph (A) as of the date of such report.
(C) The amount of nuclear materials described in paragraph
(1) that continues to require securing under systems described
in subparagraph (A) as of the date of such report.
(D) A plan for actions to secure the nuclear materials
identified in subparagraph (C) under systems described in
subparagraph (A), including an estimate of the cost of such
actions.
(E) The amounts expended through the fiscal year preceding
the date of such report to secure nuclear materials described
in paragraph (1) under systems described in subparagraph (A),
set forth by total amount and by amount per fiscal year.
(3)(A) No amounts authorized to be appropriated for the Department
of Energy by this Act or any other Act for purposes of the Nuclear
Materials Protection, Control, and Accounting Program may be obligated
or expended after September 30, 2000, for any project under the program
at a nuclear weapons complex in Russia until the Secretary submits to
the Committees on Armed Services of the Senate and House of
Representatives a report on the access policy established with respect
to such project, including a certification that the access policy has
been implemented.
(B) The access policy with respect to a project under this
paragraph shall--
(i) permit appropriate determinations by United States
officials regarding security requirements, including security
upgrades, for the project; and
(ii) ensure verification by United States officials that
Department of Energy assistance at the project is being used
for the purposes intended.
(b) Nuclear Cities Initiative.--(1)(A) Except as provided in
subparagraph (B), no amounts authorized to be appropriated or otherwise
made available for the Department of Energy for fiscal year 2001 for
the Nuclear Cities Initiative may be obligated or expended for purposes
of providing assistance under the Initiative until 30 days after the
date on which the Secretary of Energy submits to the Committees on
Armed Services of the Senate and House of Representatives a copy of an
agreement described in subparagraph (C).
(B) Subparagraph (A) shall not apply with respect to the obligation
or expenditure of funds for purposes of providing assistance under the
Nuclear Cities Initiative to the following:
(i) Not more than three nuclear cities in Russia.
(ii) Not more than two serial production facilities in
Russia.
(C) An agreement referred to in this subparagraph is a written
agreement between the United States Government and the Government of
the Russian Federation which provides that Russia will close some of
its facilities engaged in nuclear weapons assembly and disassembly
work.
(2)(A) Of the amounts appropriated or otherwise made available for
the Department of Energy for fiscal year 2001 for the Nuclear Cities
Initiative, not more than 50 percent of such amounts may be obligated
or expended for purposes of the Initiative until the Secretary of
Energy establishes and implements project review procedures for
projects under the Initiative.
(B) The project review procedures established under subparagraph
(A) shall ensure that any scientific, technical, or commercial project
initiated under the Nuclear Cities Initiative--
(i) shall not enhance the military or weapons of mass
destruction capabilities of Russia;
(ii) shall not result in the inadvertent transfer or
utilization of products or activities under such project for
military purposes;
(iii) shall be commercially viable; and
(iv) shall be carried out in conjunction with an
appropriate commercial, industrial, or other nonprofit entity
as partner.
(C) Not later than January 1, 2001, the Secretary of Energy shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the project review procedures established
and implemented under this paragraph.
(3) In this subsection, the term ``Nuclear Cities Initiative''
means the initiative arising pursuant to the March 1998 discussion
between the Vice President of the United States and the Prime Minister
of the Russian Federation and between the Secretary of Energy of the
United States and the Minister of Atomic Energy of the Russian
Federation.
(c) International Nuclear Security Program.--Amounts authorized to
be appropriated or otherwise made available by this title for the
Department of Energy for fiscal year 2001 for the International Nuclear
Security Program in the former Soviet Union and Eastern Europe shall be
available only for purposes of reactor safety upgrades and training
relating to nuclear operator and reactor safety.
SEC. 3154. MODIFICATION OF COUNTERINTELLIGENCE POLYGRAPH PROGRAM.
(a) Covered Persons.--Subsection (b) of section 3154 of the
Department of Energy Facilities Safeguards, Security, and
Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI
of Public Law 106-65; 113 Stat. 941; 42 U.S.C. 7383h) is amended to
read as follows:
``(b) Covered Persons.--(1) Subject to paragraph (2), for purposes
of this section, a covered person is one of the following:
``(A) An officer or employee of the Department.
``(B) An expert or consultant under contract to the
Department.
``(C) An officer or employee of a contractor of the
Department.
``(D) An individual assigned or detailed to the Department.
``(E) An applicant for a position in the Department.
``(2) A person described in paragraph (1) is a covered person for
purposes of this section only if the position of the person, or for
which the person is applying, under that paragraph is a position in one
of the categories of positions listed in section 709.4 of title 10,
Code of Federal Regulations.''.
(b) High-Risk Programs.--Subsection (c) of that section is amended
to read as follows:
``(c) High-Risk Programs.--For purposes of this section, high-risk
programs are the following:
``(1) The programs known as Special Access Programs and
Personnel Security and Assurance Programs.
``(2) Any other program or position category specified in
section 709.4 of title 10, Code of Federal Regulations.''.
(c) Authority To Waive Examination Requirement.--Subsection (d) of
that section is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraphs:
``(2) Subject to paragraph (3), the Secretary may waive the
applicability of paragraph (1) to a covered person--
``(A) if--
``(i) the Secretary determines that the waiver is
in the national security interests of the United
States;
``(ii) the covered person previously has been
granted a security clearance; and
``(iii) the covered person acknowledges in a signed
writing that the capacity of the covered person to
perform duties under a high-risk program after the
expiration of the waiver is conditional upon meeting
the requirements of paragraph (1) within the effective
period of the waiver;
``(B) if another Federal agency certifies to the Secretary
that the covered person has completed successfully a full-scope
or counterintelligence-scope polygraph examination during the
5-year period ending on the date of the certification; or
``(C) if the Secretary determines, after consultation with
the covered person, that the treatment of a medical or
psychological condition of the covered person should preclude
the administration of the examination.
``(3)(A) Any waiver under paragraph (2)(A) shall be effective for
not more than 120 days.
``(B) Any waiver under paragraph (2)(C) shall be effective for the
duration of the treatment on which such waiver is based.''.
(d) Scope of Counterintelligence Polygraph Examination.--Subsection
(f) of that section is amended--
(1) by inserting ``terrorism,'' after ``sabotage,''; and
(2) by inserting ``deliberate damage to or malicious misuse
of a United States Government information or defense system,''
before ``and''.
SEC. 3155. EMPLOYEE INCENTIVES FOR EMPLOYEES AT CLOSURE PROJECT
FACILITIES.
(a) Authority To Provide Incentives.--Notwithstanding any other
provision of law, the Secretary of Energy may provide to any eligible
employee of the Department of Energy one or more of the incentives
described in subsection (d).
(b) Eligible Employees.--An individual is an eligible employee of
the Department of Energy for purposes of this section if the
individual--
(1) has worked continuously at a closure facility for at
least two years;
(2) is an employee (as that term is defined in section
2105(a) of title 5, United States Code);
(3) has a fully satisfactory or equivalent performance
rating during the most recent performance period and is not
subject to an adverse notice regarding conduct; and
(4) meets any other requirement or condition under
subsection (d) for the incentive which is provided the employee
under this section.
(c) Closure Facility Defined.--For purposes of this section, the
term ``closure facility'' means a Department of Energy facility at
which the Secretary is carrying out a closure project selected under
section 3143 of the National Defense Authorization Act for Fiscal Year
1997 (42 U.S.C. 7274n).
(d) Incentives.--The incentives that the Secretary may provide
under this section are the following:
(1) The right to accumulate annual leave provided by
section 6303 of title 5, United States Code, for use in
succeeding years until it totals not more than 90 days, or not
more than 720 hours based on a standard work week, at the
beginning of the first full biweekly pay period, or
corresponding period for an employee who is not paid on the
basis of biweekly pay periods, occurring in a year, except
that--
(A) any annual leave that remains unused when an
employee transfers to a position in a department or
agency of the Federal Government shall be liquidated
upon the transfer by payment to the employee of a lump
sum for leave in excess of 30 days, or in excess of 240
hours based on a standard work week; and
(B) upon separation from service, annual leave
accumulated under this paragraph shall be treated as
any other accumulated annual leave is treated.
(2) The right to be paid a retention allowance in a lump
sum in compliance with paragraphs (1) and (2) of section
5754(b) of title 5, United States Code, if the employee meets
the requirements of section 5754(a) of that title, except that
the retention allowance may exceed 25 percent, but may not be
more than 40 percent, of the employee's rate of basic pay.
(3) A detail under section 3341 of title 5, United States
Code.
(4) The right to receive a voluntary separation incentive
payment in the amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, United
States Code, subject to the terms, conditions, and procedures
set forth in section 663 of the Treasury, Postal Service, and
General Government Appropriations Act, 1997 (5 U.S.C. 5597
note), except that the date in section 663(c)(2)(D) of that Act
does not apply.
(e) Agreement.--(1) An eligible employee of the Department of
Energy provided an incentive under this section shall enter into an
agreement with the Secretary to remain employed at the closure facility
at which the employee is employed as of the date of the agreement until
a specific date or for a specific period of time.
(2) The detail of an employee under subsection (d)(3) shall not be
treated as terminating the employment of the employee at a closure
facility for purposes of an agreement under paragraph (1).
(f) Violation of Agreement.--(1) Except as provided under paragraph
(3), an eligible employee of the Department of Energy who violates an
agreement under subsection (e), or is dismissed for cause, shall
forfeit eligibility for any incentives under this section as of the
date of the violation or dismissal, as the case may be.
(2) Except as provided under paragraph (3), an eligible employee of
the Department of Energy who is paid a retention allowance under
subsection (d)(2), receives a voluntary separation incentive payment
under subsection (d)(4), or both, and who violates an agreement under
subsection (e), or is dismissed for cause, before the end of the period
or date of employment agreed upon under such agreement shall refund to
the United States an amount that bears the same ratio to the aggregate
amount so paid to or received by the employee as the unserved part of
such employment bears to the total period of employment agreed upon
under such agreement.
(3) The Secretary may waive the applicability of paragraph (1) or
(2) to an employee otherwise covered by such paragraph if the Secretary
determines that there is good and sufficient reason for the waiver.
(g) Report.--The Secretary shall include in each report on a
closure project under section 3143(h) of the National Defense
Authorization Act for Fiscal Year 1997 a report on the incentives, if
any, provided under this section with respect to the project for the
period covered by such report.
(h) Expiration of Authority.--The authority to provide incentives
under this section shall expire on September 23, 2011.
(i) Details.--(1) Section 3341 of title 5, United States Code, is
amended to read as follows:
``Sec. 3341. Details: within and among Executive agencies; to non-
Federal employers
``(a) The head of an Executive agency may detail employees among
the components of the agency, except employees who are required by law
to be engaged exclusively in some specific work.
``(b) The head of an Executive agency may detail to duties in the
Executive agency or another Executive agency or to a non-Federal
employer, on a nonreimbursable basis, an employee who has been
identified by the Executive agency as being, or likely to become, a
surplus employee or displaced employee.
``(c) For purposes of this section:
``(1) The term `Executive agency' has the meaning given
that term by section 105, but does not include a Government
corporation or the General Accounting Office.
``(2) The term `displaced employee' means an employee who
has been given specific notice that the employee is to be
separated due to a reduction in force.
``(3) The term `surplus employee' means an employee who has
been identified by the employing agency as likely to be
separated due to a reduction in force.
``(4) The term `non-Federal employer' means an employer
other than an Executive agency or any agency in the legislative
or judicial branch (including Congress or any United States
court).''.
(2) The table of sections at the beginning of chapter 33 of such
title is amended by striking the item relating to section 3341 and
inserting the following new item:
``3341. Details: within and among Executive agencies; to non-Federal
employers.''.
(i) Health Coverage.--Section 8905a(d)(4) of title 5, United States
Code, is amended by adding after subparagraph (B) the following new
subparagraph (C):
``(C) Notwithstanding subparagraph (B), if the basis for continued
coverage under this section is a voluntary or involuntary separation
from the Department of Energy by reason of a closure project under
section 3143 of the National Defense Authorization Act for Fiscal Year
1997 (42 U.S.C. 7274n)--
``(i) the individual shall be liable for not more than the
employee contributions referred to in paragraph (1)(A)(i); and
``(ii) the Department of Energy shall pay the remaining
portion of the amount required is under paragraph (1)(A).''.
Subtitle E--Other Matters
SEC. 3171. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 3161(c)(1) of the National Defense Authorization Act for
Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by striking
``September 30, 2000'' and inserting ``September 30, 2002''.
SEC. 3172. UPDATES OF REPORT ON NUCLEAR TEST READINESS POSTURES.
Section 3152 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 623) is amended--
(1) by inserting ``(a) Report.--'' before ``Not later than
February 15, 1996,''; and
(2) by adding at the end the following:
``(b) Biennial Updates of Report.--(1) The Secretary shall submit
to the congressional defense committees an update of the report
required under (a) not later than February 15, 2001, and every two
years thereafter.
``(2) Each update under paragraph (1) shall include, current as of
the date of such update, the following:
``(A) A list and description of the workforce skills and
capabilities that are essential to carry out underground
nuclear tests at the Nevada Test Site.
``(B) A list and description of the infrastructure and
physical plant that are essential to carry out underground
nuclear tests at the Nevada Test Site.
``(C) A description of the readiness status of the skills
and capabilities described in subparagraph (A) and of the
infrastructure and physical plant described in subparagraph
(B).
``(3) Each update under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.''.
SEC. 3173. FREQUENCY OF REPORTS ON INADVERTENT RELEASES OF RESTRICTED
DATA AND FORMERLY RESTRICTED DATA.
(a) Frequency of Reports.--Section 3161(f)(2) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 112 Stat. 2261; 50 U.S.C. 435 note) is amended to read as
follows:
``(2) The Secretary of Energy shall, on a quarterly basis, notify
the committees and Assistant to the President specified in subsection
(d) of inadvertent releases described in paragraph (1) that are
discovered after the date of the enactment of this Act.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply
with respect to inadvertent releases of Restricted Data and Formerly
Restricted Data that are discovered on or after that date.
SEC. 3174. FORM OF CERTIFICATIONS REGARDING THE SAFETY OR RELIABILITY
OF THE NUCLEAR WEAPONS STOCKPILE.
Any certification submitted to the President by the Secretary of
Defense or the Secretary of Energy regarding confidence in the safety
or reliability of a nuclear weapon type in the United States nuclear
weapons stockpile shall be submitted in classified form only.
SEC. 3175. ENGINEERING AND MANUFACTURING RESEARCH, DEVELOPMENT, AND
DEMONSTRATION BY PLANT MANAGERS OF CERTAIN NUCLEAR
WEAPONS PRODUCTION PLANTS.
(a) Authority.--The Secretary of Energy may authorize the plant
manager of a covered nuclear weapons production plant to engage in
research, development, and demonstration activities with respect to the
engineering and manufacturing capabilities at such plant in order to
maintain and enhance such capabilities at such plant.
(b) Funding.--Of the amount allocated by the Secretary to a covered
nuclear weapons production plant each fiscal year from amounts
available to the Department of Energy for such fiscal year for national
security programs, not more than an amount equal to 2 percent of such
amount may be used for activities authorized under subsection (a).
(c) Covered Nuclear Weapons Production Plants.--For purposes of
this section, the term ``covered nuclear weapons production plant''
means the following:
(1) The Kansas City Plant, Kansas City, Missouri.
(2) The Y-12 Plant, Oak Ridge, Tennessee.
(3) The Pantex Plant, Amarillo, Texas.
SEC. 3176. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS FOR
GOVERNMENT-OWNED, CONTRACTOR-OPERATED LABORATORIES.
(a) Strategic Plans.--Subsection (a) of section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is
amended by striking ``joint work statement,'' and inserting ``joint
work statement or, if permitted by the agency, in an agency-approved
annual strategic plan,''.
(b) Experimental Federal Waivers.--Subsection (b) of that section
is amended by adding at the end the following new paragraph:
``(6)(A) In the case of a Department of Energy laboratory, a
designated official of the Department of Energy may waive any license
retained by the Government under paragraph (1)(A), (2), or (3)(D), in
whole or in part and according to negotiated terms and conditions, if
the designated official finds that the retention of the license by the
Department of Energy would substantially inhibit the commercialization
of an invention that would otherwise serve an important Federal
mission.
``(B) The authority to grant a waiver under subparagraph (A) shall
expire on the date that is 5 years after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2001.
``(C) The expiration under subparagraph (B) of authority to grant a
waiver under subparagraph (A) shall not effect any waiver granted under
subparagraph (A) before the expiration of such authority.''.
(c) Time Required for Approval.--Subsection (c)(5) of that section
is amended--
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (C);
and
(3) in subparagraph (C), as so redesignated--
(A) in clause (i)--
(i) by striking ``with a small business
firm''; and
(ii) by inserting ``if'' after
``statement''; and
(B) by adding at the end the following new clauses:
``(iv) Any agency that has contracted with a non-Federal entity to
operate a laboratory may develop and provide to such laboratory one or
more model cooperative research and development agreements for purposes
of standardizing practices and procedures, resolving common legal
issues, and enabling review of cooperative research and development
agreements to be carried out in a routine and prompt manner.
``(v) A Federal agency may waive the requirements of clause (i) or
(ii) under such circumstances as the agency considers appropriate.''.
SEC. 3177. COMMENDATION OF DEPARTMENT OF ENERGY AND CONTRACTOR
EMPLOYEES FOR EXEMPLARY SERVICE IN STOCKPILE STEWARDSHIP
AND SECURITY.
(a) Authority To Present Certificate of Commendation.--The
Secretary of Energy may present a certificate of commendation to any
current or former employee of the Department of Energy, and any current
or former employee of a Department contractor, whose service to the
Department in matters relating to stockpile stewardship and security
assisted the Department in furthering the national security interests
of the United States.
(b) Certificate.--The certificate of commendation presented to a
current or former employee under subsection (a) shall include an
appropriate citation of the service of the current or former employee
described in that subsection, including a citation for dedication,
intellect, and sacrifice in furthering the national security interests
of the United States by maintaining a strong, safe, and viable United
States nuclear deterrent during the Cold War or thereafter.
(c) Department of Energy Defined.--For purposes of this section,
the term ``Department of Energy'' includes any predecessor agency of
the Department of Energy.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
There are authorized to be appropriated for fiscal year 2001,
$18,500,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NAVAL PETROLEUM RESERVES
SEC. 3301. MINIMUM PRICE OF PETROLEUM SOLD FROM THE NAVAL PETROLEUM
RESERVES.
(a) Higher Minimum Price.--Subparagraph (A) of section 7430(b)(2)
of title 10, United States Code, is amended by striking ``90 percent
of''.
(b) Inapplicability of Requirement to Reserve Numbered 1.--Such
section 7430(b)(2) is further amended by striking ``Naval Petroleum
Reserves Numbered 1, 2, and 3'' in the matter preceding subparagraph
(A) and inserting ``Naval Petroleum Reserves Numbered 2 and 3''.
SEC. 3302. REPEAL OF AUTHORITY TO CONTRACT FOR COOPERATIVE OR UNIT
PLANS AFFECTING NAVAL PETROLEUM RESERVE NUMBERED 1.
(a) Repeal.--Section 7426 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 641 of such title is amended by striking the item relating to
section 7426.
TITLE XXXIV--NATIONAL DEFENSE STOCKPILE
SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2001, the
National Defense Stockpile Manager may obligate up to $75,000,000 of
the funds in the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized
uses of such funds under subsection (b)(2) of such section, including
the disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 3402. INCREASED RECEIPTS UNDER PRIOR DISPOSAL AUTHORITY.
Section 3303(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 1112 Stat.
2263; 50 U.S.C. 98d note) is amended--
(1) in paragraph (2), by striking ``$460,000,000'' and
inserting ``$409,000,000'';
(2) in paragraph (3), by striking ``$555,000,000'' and
inserting ``$585,000,000''; and
(3) in paragraph (4), by striking ``$590,000,000'' and
inserting ``$620,000,000''.
Calendar No. 543
106th CONGRESS
2d Session
S. 2549
[Report No. 106-292]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2001 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.
_______________________________________________________________________
May 12, 2000
Reported from the Committee on Armed Services, under authority of the
order of the Senate of May 11th, 2000, the following original bill;
which was read twice and placed on the calendar
Committee on Armed Services. Hearings held. Hearings printed: S.Hrg. 106-609, pt.3.
Committee on Armed Services ordered to be reported an original measure.
Introduced in Senate
Committee on Armed Services. Original measure reported to Senate by Senator Warner under the authority of the order of 05/11/2000. With written report No. 106-292. Additional and Minority views filed.
Committee on Armed Services. Original measure reported to Senate by Senator Warner under the authority of the order of 05/11/2000. With written report No. 106-292. Additional and Minority views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 543.
Measure laid before Senate by unanimous consent. (consideration: CR S4525-4555)
Considered by Senate. By Unanimous Consent. (consideration: CR S4607-4635, S4637-4661)
Considered by Senate. By Unanimous Consent. (consideration: CR S4721-4809)
Considered by Senate. (consideration: CR S5059-5060, S5071-5083)
Considered by Senate. (consideration: CR S5325-5356)
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Considered by Senate. (consideration: CR S5389-5471)
Considered by Senate. (consideration: CR S6287-6291)
Considered by Senate. (consideration: CR S6448-6461)
Considered by Senate. (consideration: CR S6497-6498, S6538-6567)
Considered by Senate. (consideration: CR S6591-6593)
Senate incorporated this measure in H.R. 4205 as an amendment.
Senate passed companion measure H.R. 4205 in lieu of this measure by Yea-Nay Vote. 97 - 3. Record Vote Number: 179.
Roll Call #179 (Senate)Returned to the Calendar. Calendar No. 543.
See also S. 2550, S. 2551, S. 2552.