An original bill to authorize appropriations for fiscal year 2002 for military activities of the Department of Defense, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.
(Sec. 104) Authorizes appropriations for FY 2002 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the chemical demilitarization program; and (4) defense health programs.
Subtitle B: Army Programs - (Reserved)
Subtitle C: Navy Programs - Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to: (1) increase from five to seven the number of Virginia class submarines the Secretary of the Navy is authorized to procure; and (2) extend through FY 2007 the authorized period for such procurement.
(Sec. 122) Authorizes the Secretary of the Navy, beginning with the 2002 program year, to enter into a multiyear contract for the procurement of engines for F/A-18E/F aircraft.
(Sec. 123) Prohibits the production rate for V-22 Osprey aircraft from being increased above the minimum sustaining rate for which funds are authorized by this Act until the Secretary of Defense (Secretary) certifies Congress with respect to the successful operational testing of such aircraft.
(Sec. 124) Directs the Secretary to notify Congress of the waiver, if any, of any item capability or other requirement specified in the joint operational requirements document for the V-22 Osprey aircraft.
Subtitle D: Air Force Programs - Authorizes the Secretary of the Air Force, beginning with the 2002 program year, to enter into a multiyear procurement contract for up to 60 C-17 aircraft.
Subtitle E: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1998 to extend through FY 2002 a pilot program on sales of manufactured articles and services of Army industrial facilities without regard to their availability from commercial sources.
(Sec. 142) Increases, with a corresponding offset, the amount authorized for defense-wide procurement, to be used for Navy procurement of M291 skin decontamination kits.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2002 for the armed forces for research, development, test, and evaluation (RDT&E). Earmarks specified amounts for basic and applied research projects.
(Sec. 203) Increases, with a corresponding offset, the amount authorized for: (1) Army RDT&E, to be used for Enhanced Scramjet Mixing; and (2) defense-wide RDT&E, to be used for the Special Operations Forces Command, Control, Communications, Computers, and Intelligence Systems Threat Warning and Situational Awareness program.
Subtitle B: Program Requirements, Restrictions, and Limitations - Amends prior defense authorization Acts and the Department of Defense Appropriations Act, 2001 to repeal limitations on total costs of engineering and manufacturing development under the F-22 aircraft program.
(Sec. 212) Directs the Secretary of the Air Force to ensure that engineering and manufacturing development under the C-5 aircraft reliability enhancement and reengining program includes kit development for an equal number of C-5A and B aircraft.
(Sec. 213) Directs the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) to review the requirements of the Marine Corps and the Special Operations Command that the V-22 Osprey is intended to meet in order to identify potential alternative means for meeting such requirements if the V-22 program were to be terminated. Provides funding from RDT&E funds.
(Sec. 214) Amends the Spence Act to prohibit funds appropriated to the Department of Defense (DOD) during FY 2002 from being obligated for the procurement of a vaccine for the biological agent anthrax until certain submissions from the Secretary to the defense and appropriations committees. (Currently, funds authorized to be appropriated by the Spence Act are prohibited from being so used.)
(Sec. 215) Directs the Under Secretary to report to Congress on certain aspects of the V-22 Osprey aircraft program prior to any decision to resume flight testing.
(Sec. 216) Increases, with a corresponding offset, the amount authorized for defense-wide RDT&E, to be used for certain operational test and evaluation.
Subtitle C: Other Matters - Directs the Secretary to carry out a technology transition initiative to facilitate the rapid transition of new technologies from science and technology programs of DOD into acquisition programs for the production of such technologies. Provides for jointly funded projects between military departments. Establishes the Technology Transition Fund for the initiative.
(Sec. 232) Requires the Director of Operational Test and Evaluation to ensure that safety concerns developed during the operational test and evaluation of a weapon system under a major defense acquisition program are timely communicated to the program manager for consideration in the acquisition decisionmaking process.
(Sec. 233) Amends the Spence Act to increase by $1 million the FY 2001 authorization of appropriations for defense-wide RDT&E.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2002 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of DOD.
(Sec. 302) Authorizes appropriations for FY 2002 for: (1) working capital and revolving funds; and (2) the Armed Forces Retirement Home.
(Sec. 304) Earmarks specified O&M funds for: (1) assistance to local educational agencies that benefit dependents of military personnel and DOD civilian employees; and (2) impact aid for children with severe disabilities, as authorized under the Spence Act.
(Sec. 306) Increases, with a corresponding offset, the amount authorized for Army O&M funds, to be used for improvements in instrumentation and targets at Army live fire training ranges.
(Sec. 307) Earmarks authorized O&M funds for: (1) Environmental Restoration, Formerly Used Defense Sites; (2) the replacement and refurbishment of air handlers and related control systems at Air Force medical centers; and (3) the relocation and renovation of the North Chicago Department of Veterans Affairs Medical Center.
Subtitle B: Environmental Provisions - Establishes within the DOD environmental restoration account the Environmental Restoration Sub-Account, Unexploded Ordnance and Related Constituents.
(Sec. 312) Directs that a currently-required annual report from the Secretary to Congress on DOD environmental restoration activities include a comprehensive assessment of the extent of unexploded ordnance and related constituents at current and former DOD facilities, including an estimate of the aggregate projected costs to remediate such ordnance.
(Sec. 313) Directs the Secretary to carry out a program to significantly improve the energy efficiency of DOD facilities through 2010, with specified energy reduction goals by 2005 and 2010. Outlines strategies to be followed by the Secretary to improve DOD energy efficiency. Requires annual reports through 2010 from the Secretary to the defense and appropriations committees on progress made in achieving such goals.
(Sec. 314) Amends the National Defense Authorization Act for Fiscal Year 1998 to extend through FY 2003 a pilot program for the sale of air pollution emission reduction incentives.
(Sec. 315) Authorizes the Secretary of the Navy, using O&M environmental restoration funds, to pay a specified amount to the Hooper Sands Special Account within the Hazardous Substance Superfund for certain environmental response costs in connection with the Hooper Sands site in South Berwick, Maine.
(Sec. 316) Repeals a provision which terminates, for bonds executed after December 31, 1999, the requirement of a surety bond in connection with a Federal procurement contract for environmental response activities under the defense environmental restoration program.
(Sec. 317) Directs the Secretary to coordinate with the Administrator of General Services to ensure that only hybrid electric vehicles are procured by the Administrator for the DOD fleet of light duty trucks that is not in a fleet to which the Energy Policy Act of 1992 applies. Authorizes the Secretary to waive the policy of procuring only hybrid electric vehicles for such fleet in special cases. Requires the Secretary, for fiscal years 2005 and thereafter, to procure hybrid electric vehicles in excess of electric vehicle purchase requirements outlined in the above Act. Requires a report from the Secretary to Congress.
Subtitle C: Commissaries and Nonappropriated Fund Instrumentalities - Authorizes the Secretary to enter into rebate agreements with producers of food provided in commissary stores as a supplemental food under DOD's supplemental food program. Limits such agreements to a one-year period.
(Sec. 322) Directs the Secretary of the military department concerned to pay the Defense Commissary Agency an amount to be determined for any use of a commissary facility other than commissary sales or operations in support of such sales.
(Sec. 323) Adds to information authorized to be protected from disclosure by the Secretary to the public information gathered through sales scanners in a military commissary and providing the following: (1) data relating to sales of goods or services; (2) demographic information on customers; (3) information pertaining to commissary transactions and operations; and (4) business programs, systems, and applications (including software) relating to commissary operations that were developed with funding derived from commissary surcharges. Authorizes the Secretary, using competitive procedures, to enter into a contract to sell all such protected information or to grant to a business a license to use the commissary's business programs.
Subtitle D: Other Matters - Authorizes the Secretary to: (1) provide specified types of support for the counterdrug activities of any other Federal department or agency, or of any State, local, or foreign law enforcement agency, including equipment maintenance and repair, transportation of personnel, and counterdrug related training; (2) contract for such support; (3) provide such support when the importance of providing the support outweighs any short-term adverse effect; and (4) plan and execute otherwise valid military training or operations in providing such support. Requires the Secretary to notify the defense and appropriations committees and wait 21 days thereafter when deciding to undertake a military construction project in connection with such support.
(Sec. 332) Prohibits amounts expended from FY 2002-2004 depot-level maintenance and repair funds for the performance of a depot-level maintenance and repair workload by non-federal personnel at a Center of Industrial and Technical Excellence from being counted against the limitation on private-sector performance of depot-level maintenance.
(Sec. 333) Authorizes the Secretary of the Air Force to make a grant to the Lafayette Escadrille Memorial Foundation, Inc., for the repair, restoration, and preservation of the Lafayette Escadrille Memorial in Marnes la-Coquette, France.
(Sec. 334) Amends the Spence Act to authorize the Secretary of the Navy to contract for one or more additional increments of work stations under the Navy-Marine Corps Intranet program. Requires the Under Secretary to determine the number of increments and to report that and related information to the defense and appropriations committees. Prohibits the Under Secretary from making such determination until certain test and evaluations have taken place, with a related certification. Prohibits the Under Secretary from adding the additional increments until there has been a full transition of at least 20,000 work stations to the Navy-Marine Corps Intranet, the work stations have met certain specifications, and there is a certification that work station test results are acceptable.
(Sec. 335) Authorizes the Secretary to waive current limitations on the performance of depot-level maintenance of materiel if the Secretary determines such action necessary for national security and notifies Congress of such waiver and the reasons therefor. Requires an additional report that outlines the Secretary's strategy regarding operations of the public depots.
(Sec. 336) Amends the National Defense Authorization Act for Fiscal Year 1998 to extend through FY 2003 the termination and certain reporting dates with respect to the warranty claims recovery pilot program.
(Sec. 337) Earmarks authorized O&M funds for: (1) land forces readiness-information operations sustainment; (2) the Defense Language Institute Foreign Language Center for an expanded Arabic language program; (3) military training in the management of consequences of an incident involving the use or threatened use of a weapon of mass destruction; and (4) the Navy's critical infrastructure protection initiative.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth authorized end strengths for active-duty forces as of the end of FY 2002.
(Sec. 402) Authorizes an increase of one-half percent in the daily average number of Navy enlisted personnel on active duty in pay grade E-8.
Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 2002 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth the minimum end strength for FY 2002 for Army and Air Force dual status military technicians.
(Sec. 414) Places specified FY 2002 limitations on the number of non-dual status technicians authorized to be employed by the Army and Air Force.
(Sec. 415) Replaces provisions providing authorized end strengths for reserve officers serving on active duty or full-time National Guard for administrative purposes with limitations on the number of reserve officers and senior enlisted members serving on such duty for administration of the reserve components. Authorizes the Secretary to increase such limits by up to five percent in the national interest.
(Sec. 416) Authorizes the Secretary to increase the: (1) end strengths for active-duty personnel by the number of reserve personnel serving on active duty in support of a contingency operation; (2) authorized daily average number of active-duty enlisted personnel in pay grades E-8 or E-9 by the number of reserve enlisted personnel in such pay grades who are called to active duty in support of a contingency operation; (3) authorized end strengths for active-duty commissioned officers in pay grades O-4 through O-6 by the number of reserve commissioned officers serving on active duty in such pay grades in support of a contingency operation; and (4) authorized end strengths for active-duty general and flag officers by the number of reserve officers serving on active duty in such grades in support of a contingency operation.
Subtitle C: Authorization of Appropriations - Authorizes appropriations for FY 2002 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Increases from: (1) major general to lieutenant general the grade for the Vice Chief of the National Guard Bureau; (2) brigadier general to major general the grade for the heads of the Nurse Corps for the Army and Air Force; and (3) rear admiral (lower half) to rear admiral (upper half) the grade for the head of the Navy Nurse Corps or Medical Service Corps. Repeals the current limitation on the number of officers authorized to serve on active duty in the grades of general and admiral.
Establishes within the Army Veterinary Corps the positions of Chief and Assistant Chief.
Increases the percentage of commissioned officers authorized to serve in the Army or Air Force above the grade of major general. States that any officer serving as the Senior Military Assistant to the Secretary of Defense in the grades of general or lieutenant general, or admiral or vice admiral, shall be considered in addition to the authorized number of such officers that would otherwise be authorized for that military department. Excludes similarly the Chief and Vice Chief of the National Guard Bureau.
(Sec. 502) Reduces from two years to eighteen months the time-in-grade required before promotion of first lieutenants or lieutenants (junior grade).
(Sec. 503) Authorizes the President, upon approval of a recommendation of the Secretary of the military department concerned, to promote to the grade of captain or lieutenant all fully-qualified officers on the active duty or reserve active-status lists in the permanent or temporary grade of first lieutenant or lieutenant (junior grade) who would otherwise be eligible for promotion to the next higher grade by a promotion selection board. Allows the Secretary concerned to make such recommendation when such officers are needed in the next higher grade to accomplish mission objectives. Treats any such recommendation the same as a positive report of a selection board that is approved by the President.
(Sec. 504) Authorizes the Secretary concerned to adjust the date of rank of an active-duty or reserve officer appointed to a higher grade if the appointment is to a grade below O-7 and is delayed by reason of unusual circumstances that cause an unintended delay in the processing or approval of either a report of a promotion selection board or the promotion list established on the basis of such a report.
(Sec. 505) Authorizes the Secretary concerned to extend the deferment of retirement or separation of an officer for an additional period of up to 30 days after the completion of an evaluation of the officer's physical condition if such Secretary determines that continuation of the deferment would facilitate the officer's transition to civilian life.
(Sec. 506) Exempts from the limitation on the number of retired officers authorized to be ordered back to active duty those ordered to serve as defense or service attaches.
(Sec. 507) Authorizes the Secretary to delegate to either the Under or Deputy Secretary of Defense for Personnel and Readiness the authority to certify the satisfactory performance, for retirement purposes, of officers in grades above major general and rear admiral.
(Sec. 508) Allows an officer, upon termination of a suspension by the President of certain laws relating to military promotion, retirement, and separation due to national security, to elect the date for such separation or retirement, as long as the date chosen is no longer than 90 days after the termination of such suspension.
(Sec. 509) States that an officer shall hold the grade of captain while serving as Officer in Charge of the United States Navy Band.
Subtitle B: Reserve Component Personnel Policy - Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to extend through FY 2003 the authority for the temporary waiver of the requirement for a baccalaureate degree prior to promotion for certain Army reserve officers.
(Sec. 512) Provides for the retroactive application of placement on the reserve active status list of certain reserve officers on active duty for three years or less.
(Sec. 513) Provides housing requirements under which reserve members shall be considered to be deployed for purposes of managing deployments of all personnel.
(Sec. 514) Requires a member of the Individual Ready Reserve or inactive National Guard to be examined for physical fitness to determine fitness for military duty or promotion, attendance at a school of the armed forces, or other action related to career progression.
(Sec. 515) Makes a reserve member eligible for medical and dental care, disability retirement, basic pay and other compensation, and certain other benefits if such member remains overnight at a duty station within normal commuting distance of home for reasons authorized under applicable regulations.
(Sec. 516) Requires a reserve officer on the active status list who is eligible for retirement due to failure of promotion, years of service, selection for early removal, or for age to be transferred to the Retired Reserve if the officer is qualified for the Retired Reserve and does not request not to be so transferred. (Currently, such an eligible officer must be transferred to the Retired Reserve if he or she is qualified and specifically requests such transfer.) Provides identical requirement with respect to reserve officers and reserve enlisted personnel eligible for discharge or retirement due to years of service or age.
(Sec. 517) Repeals the eligibility of a member of the reserves traveling for annual training duty to travel in a space-required status on military aircraft between the member's home and the place of training.
Subtitle C: Education and Training - Amends the National Defense Authorization Act for Fiscal Year 2000 with respect to the Army's College First Program (also known as Delayed Entry) to: (1) increase from two years to 30 months the maximum period of delayed entry after the receipt of higher education or technical or vocational training; (2) require a person to be enrolled in and pursuing a program of education before paying him or her a monthly allowance during the delay period; (3) make the allowance paid equal to the subsistence allowance paid to certain member of the Senior Reserve Officers' Training Corps (ROTC); (4) allow a member of the Selected Reserve to be paid an allowance only for months during which the member performs satisfactorily in training; (5) make those who receive such allowance ineligible for the defense educational loan repayment program; and (6) require pro rata recoupment of the allowance paid for a person who fails to complete the full period of required service.
(Sec. 532) Repeals the current limitation on the total number of authorized Junior ROTC units.
(Sec. 533) Allows a commissioned officer who has been detailed to an accredited law school for legal training to also accept a military scholarship, fellowship, or grant for such training, but requires service obligations incurred to run consecutively.
(Sec. 534) Authorizes the: (1) Commandant of the Defense Language Institute to confer an Associate of Arts degree in a foreign language; and (2) President of the Marine Corps University to confer the degree of master of strategic studies. Requires the Secretary of Education to notify the Secretary of the Navy, with respect to the latter degree, that educational requirements typically imposed for awards of degrees of masters of arts have been met by the Marine Corps University in awarding its degree.
(Sec. 536) Increases from 40 to 60 the number of foreign students authorized to be admitted to each of the military service academies. Authorizes the Secretary to waive, in whole or in part, the requirement for reimbursement for instruction for such person.
(Sec. 537) Expands the authority for the provision of financial assistance to reserve members for the pursuit of a career in the health professions to authorize the Secretary concerned to enter into an agreement to pay a monthly stipend to a person who: (1) is eligible to be appointed as a reserve officer; and (2) is enrolled or has been accepted for enrollment in an accredited medical or dental school. Requires such Secretary to pay the stipend for the period that the student is satisfactorily progressing toward a medical or dental degree. Requires the person, in return, to: (1) complete the program of education; (2) accept an appointment in the reserves based upon the participant's chosen health profession; (3) complete any required residency training; and (4) serve in such capacity in the Selected Reserve for one year for each six months in which the stipend was provided. Makes the service obligation under other defense health professional programs equal to the above requirement.
(Sec. 538) Authorizes the Secretaries of Defense and Veterans Affairs to jointly carry out a pilot program of graduate medical education and training under which DOD medical personnel pursue one or more programs of graduate medical education and training in one or more medical centers of the Department of Veterans Affairs. Requires the Secretary to defray the costs incurred by the Secretary of Veterans Affairs under the program. Requires the program to begin no later than August 1, 2002, and terminate on July 31, 2007. Requires annual program reports from the Secretaries during the program period.
(Sec. 539) Authorizes the Secretary concerned, in order to recruit and retain members with critical military skills, to permit such members who have completed at least six years of service and are entitled to basic educational assistance under the Montgomery GI Bill to elect to transfer up to 18 months of such entitlement to their spouse, child, or combination thereof. Requires the member to designate the transferee(s) and allocation of such entitlement, allowing the designation to be revoked at any time. Provides additional requirements for children accepting an entitlement, as well as additional administrative requirements. Allows approval of transfers of entitlement only to the extent of the availability of appropriations. Requires annual entitlement transfer reports from the Secretary concerned to the defense committees. Requires the Secretary of Defense to submit to Congress a plan for implementation of such program. Provides program funding through FY 2002 military personnel authorizations.
(Sec. 540) Makes members who enlist in a regular (currently, only reserve) component of the armed forces eligible for advanced training. Provides a regular component pay rate for a cadet or midshipman on field training or a practice cruise.
Subtitle D: Decorations, Awards, and Commendations - Authorizes the President to award the Medal of Honor to Humbert R. Versace for acts of valor as a prisoner of war during the Vietnam War.
(Sec. 552) Requires the Secretary of each military department to review the records of certain Jewish American war veterans to determine whether any such veteran should be awarded the Medal of Honor, and to make appropriate recommendations to the President. Waives time limitations concerning such award.
(Sec. 553) Authorizes a person awarded a Medal of Honor to be issued a duplicate of such Medal.
(Sec. 554) Waives certain time limitations with respect to the award of: (1) the Silver Star to Wayne T. Alderson for gallantry during World War II; and (2) the Distinguished Flying Cross to certain persons recommended by the Secretary of the Navy for service during World War II.
(Sec. 555) Expresses the sense of the Senate that the Secretary should consider authorizing the issuance of a campaign medal, to be known as the Korea Defense Service Medal, to each person who served in the Republic of Korea or adjacent waters during the Korean conflict.
(Sec. 556) Makes Robert R. Ingram of Jacksonville, Florida, eligible retroactively after March 1966 for the special pension provided in conjunction with the award of the Medal of Honor.
Subtitle E: Funeral Honors Duty - Excludes from active-duty authorized end strength limits reserve personnel serving on active duty or full-time National Guard duty to perform funeral honors duty.
(Sec. 562) Allows members or former members in a retired status to perform funeral honors duty. Authorizes the Secretary concerned to pay such members an allowance when performing such duty for at least two hours.
(Sec. 563) Applies provisions of the Uniform Code of Military Justice (UCMJ) to those performing funeral honors duty. Authorizes: (1) commissary store privileges for dependents of a member who died while performing such duty; (2) the payment of a death gratuity to survivors of an individual who died while performing such duty; (3) members of the Coast Guard to perform such duty; and (4) the payment of appropriate veterans' benefits for any period of such duty during which the individual was disabled or died from an injury incurred or aggravated in the line of duty.
(Sec. 564) Authorizes military leave for Federal employees performing funeral honors duty.
Subtitle F: Uniformed Services Overseas Voting - Expresses the sense of the Senate that each administrator of a Federal, State, or local election should ensure that each military voter receives the utmost consideration and cooperation when voting, that each ballot cast by such voter is duly counted, and that all eligible American voters should have an equal opportunity to cast a vote and have that vote counted.
(Sec. 572) Amends the Uniformed and Overseas Citizens Absentee Voting Act to prohibit a State from refusing to count a ballot submitted in an election for Federal office by an absent military voter solely on the: (1) grounds that the ballot lacked a signature, address, or postmark, provided there is other indicia that the vote was timely cast; or (2) basis of a comparison of signatures, unless there is a lack of reasonable similarity between signatures.
(Sec. 573) Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to provide that, for voting purposes, a person who is absent from a State in compliance with military orders shall not be deemed to have lost a residence in that State, acquired a residence in another State, or become a resident in or of another State.
(Sec. 574) Requires each State, in elections for State and local offices, to: (1) permit absent military voters to use absentee registration procedures and vote by absentee ballot; and (2) accept and process any otherwise valid voter registration application from such voters, as long as the application is received at least 30 days prior to the election.
(Sec. 576) Requires each State to: (1) accept and process the official post card voter form as both an absentee voter registration application and absentee ballot application; and (2) accept and process, with respect to all Federal elections, any otherwise valid absentee ballot application from an absentee military or overseas voter if a single application is received at least 30 days prior to the election.
(Sec. 577) Directs the Secretary to carry out a demonstration project under which absentee military voters are permitted to cast ballots in the regularly scheduled general election for Federal office for November 2002, through an electronic voting system. Authorizes the Secretary to delay project implementation until the elections for November 2004 if earlier implementation would adversely affect U.S. national security. Requires a report to Congress.
(Sec. 578) Directs the Secretary to promulgate regulations to require each military department to ensure their compliance with any directives issued by the Secretary in implementing the Federal Voting Assistance Program or any similar program. Requires the Inspector General of each military department to: (1) annually review such programs and that department's compliance with such programs; and (2) submit an annual report to the Defense Inspector General on review results. Requires the Defense Inspector General to report to Congress on the programs' effectiveness and levels of compliance by the military departments.
(Sec. 579) Requires each State to: (1) accept and process, with respect to any primary, special, general, or runoff election, any otherwise valid absentee voter registration application duly submitted; and (2) permit each recently separated military member to vote in any election for which a voter registration application has been accepted and processed if that voter has registered and is eligible to vote.
(Sec. 580) Requires each State, within 90 days of receiving a legislative recommendation concerning the Federal Voting Assistance Program, to report on the status of such recommendation to the Presidential designee and each Member of Congress that represents such State.
Subtitle G: Other Matters - Authorizes the Secretary to include, in surveys to determine the effectiveness of Federal programs relating to military families and the need for new programs, the survey of members of the families of retired members, as well as the survivors of deceased retired members and members who were on active duty or in an active status.
(Sec. 582) Amends the Spence Act to: (1) include the Army Reserve in a certain recruiting pilot program; and (2) extend the authorized period and reporting dates under such program.
(Sec. 583) Amends the UCMJ to lower the applicable standard of blood alcohol concentration with regard to the operation of a vehicle, aircraft, or vessel from 0.10 to 0.08 grams per 100 millimeters of blood.
(Sec. 584) Authorizes designated DOD civilian employees or members of the Coast Guard to act as notaries.
(Sec. 585) Authorizes the Secretary concerned to amend a person's military record in accordance with a recommendation made by a special board. Directs such Secretary to ensure that a person receives appropriate relief as a result of such correction. Restores such person retroactively, upon his or her consent, to the same status, rights, and entitlements as the person would have had if such record had not needed amendment. Outlines actions to be taken if a person does not so consent. Makes final a recommendation of a special board not to take any corrective action on a record. Allows judicial review of the actions of a selection board only if the person has first been considered by a special board (outlining judicial review procedures, including time limits). States that the above record correction remedies are exclusive. Makes this section inapplicable to the Coast Guard. Allows judicial review of the decision by the Secretary concerned not to convene a special board for such purpose.
(Sec. 586) Authorizes the Secretary concerned to accept voluntary legal services for the civil affairs of military personnel and their dependents. Makes persons providing such services Federal employees for purposes of legal malpractice.
(Sec. 587) Amends the National Defense Authorization Act for Fiscal Year 2000 to extend until April 24, 2003, the Defense Task Force on Domestic Violence.
(Sec. 588) Authorizes the Secretary to provide transportation to annual meetings of next-of-kin of persons unaccounted for from conflicts after World War II.
(Sec. 589) Authorizes the Secretary to review and report to the defense committees on the health and disability benefit programs available to recruits and officer candidates engaged in training, education, or other types of programs while not yet on active duty, and to cadets and midshipmen attending the service academies.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 2002 pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases, effective January 1, 2002, the rates of basic pay for military personnel.
(Sec. 602) Revises eligibility requirements for basic pay rates for certain reserve commissioned officers with prior service as enlisted members or warrant officers.
(Sec. 603) Allows members of the reserves or National Guard not entitled to basic pay and in a pay grade below E-7 to receive compensation for a period of instruction or duty in satisfaction of educational requirements imposed on such members if the educational activity in is duly approved and the member attains the learning objectives required.
(Sec. 604) Provides the prior-year monthly rate basis of the basic allowance for subsistence (BAS) for purposes of applying certain food-cost increases to such amount. Allows the Secretary to prescribe a higher BAS for enlisted members for whom mess facilities are not available.
Amends the Spence Act to extend until January 1, 2002, certain BAS transitional authority.
(Sec. 605) Requires that, after FY 2002, the rates for basic allowance for housing (BAH) inside the United States may not be less than the median cost of adequate housing for members in that grade and dependency status in that area. Requires the FY 2002 BAH rates to be equal to 92.5 percent of such median amount. Authorizes the Secretary to use FY 2002 military personnel funds to further increase the total amount available for such BAH.
(Sec. 606) Allows only military personnel with dependents to be eligible for the supplemental subsistence allowance.
(Sec. 607) Increases from $200 to $400 the officer active-duty uniform allowance limit while still remaining eligible for an additional uniform allowance.
(Sec. 608) Authorizes the payment of unused accrued leave in excess of 60 days for a member of the reserves serving on active duty, full-time National Guard duty, or active duty for training for a period of more than 30 days but not more than 365 days.
Subtitle B: Bonuses and Special and Incentive Pays - Extends through 2002 specified authorities currently scheduled to expire at the end of 2001 with respect to certain special pay and bonus programs within the regular and reserve armed forces.
(Sec. 615) Includes as a basis for hazardous duty incentive pay the performance of maritime boarding, search, and seizure operations in support of maritime interdiction operations.
(Sec. 616) Authorizes the Secretary of the Navy to prescribe new rates of monthly submarine duty incentive pay. (Currently, there are specific rates depending on grade and years of service.) Limits the maximum amount to $1,000.
(Sec. 617) Prohibits a member from being excluded from career sea pay by virtue of his or her rank, or subjected to a minimum time in service or underway in order to qualify for such pay.
(Sec. 618) Authorizes the Secretary concerned to pay a bonus to an eligible person who enlists, reenlists, or voluntarily extends an enlistment in the reserves for assignment to the Ready Reserve if such enlistment, reenlistment, or voluntary extension is for either three or six years beyond the current obligation. Makes eligible for such bonus a person qualified in a skill or specialty designated as a critically short wartime skill or specialty.
(Sec. 619) Authorizes the payment of an accession bonus to an officer with a critical skill who executes an agreement to serve on active duty in such skill category for a period to be specified in the agreement. Limits the bonus to $20,000. Requires pro rata repayment of the bonus for any period not successfully served, but allows the Secretary concerned to waive such recovery when against equity and good conscience or when contrary to the best interests of the United States. Terminates the bonus authority for any agreements entered into after December 31, 2002.
(Sec. 620) Prohibits participants in the nurse candidate accession program who are enrolled at a civilian educational institution that has a Senior ROTC program from concurrently participating in the latter program.
(Sec. 621) Makes eligible for a career continuation bonus aviation and surface warfare officers who are within one year of the completion of (currently, only after the completion of) any active duty service incurred for undergraduate training.
(Sec. 622) Authorizes the head of any Federal agency to provide, at the rate of $150 monthly, special pay to any Federal employee who, while on duty in the United States: (1) was subject to hostile fire or explosion of hostile mines; (2) was in the area of the Pentagon and in imminent danger of hostile action; (3) was killed, injured, or wounded by hostile action; or (4) was in an area of the Pentagon in which the employee was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.
Subtitle C: Travel and Transportation Allowances - Makes all military personnel (currently limited to those in pay grade E-4 or above) eligible for a BAH while between permanent duty stations. Makes all members (currently only enlisted personnel) eligible for payment of subsistence expenses for temporary lodging incident to reporting to their first duty station.
(Sec. 633) Makes eligible for the primary dislocation allowance: (1) a member whose dependents actually move away from the member's place of residence in connection with a member's move to his or her first permanent duty station; and (2) a family consisting of two married members of the armed forces, without dependents, when one of the members actually moves with the spouse to a new permanent duty station and is assigned to military family quarters.
(Sec. 634) Authorizes a member to be paid a dislocation allowance of $500 when ordered, for the convenience of the Government and not pursuant to a permanent change of station, to occupy or vacate family housing provided by DOD, or by the Department of Transportation in the case of the Coast Guard. Allows the advance payment of such allowance.
(Sec. 635) Authorizes the payment of travel and transportation allowances incident to family members attending the burial of a deceased member of the armed forces for an attendant accompanying a family member when the accompanied person is unable to travel unattended and there is no other eligible family member qualified to serve as the attendant. Authorizes the payment of such attendant's expenses if a deceased member is interred in a cemetery maintained by the American Battle Monuments Commission, but prohibits such amount from exceeding the rates for two days and the time necessary for such travel.
(Sec. 636) Authorizes the payment of a family separation allowance (which cannot be waived by the Secretary concerned) for members electing to serve an unaccompanied tour of duty because the movement of a dependent is denied due to certified medical reasons.
(Sec. 637) Authorizes the payment of a transportation allowance with respect to a member posted to a duty station outside the United States for the child of such member if the child is an exchange student attending a school outside the United States for no more than one year under a program approved by the school inside the United States at which such child is normally enrolled.
(Sec. 638) Authorizes the advance payment of storage costs in lieu of the transportation of privately owned vehicles in connection with a change of permanent station.
Subtitle D: Matters Relating to Retirement and Survivor Benefits - Authorizes a member or former member who is entitled to military retired pay and veterans' disability compensation to be paid both concurrently.
(Sec. 652) Requires the Secretary concerned to pay an annuity to the surviving spouse of a member who dies in the line of duty while on active duty. Provides for the computation of such annuity.
Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to increase and extend through FY 2011 the requirement for the President to dispose of amounts in the National Defense Stockpile that will result in specified receipts to the United States.
Subtitle E: Other Matters - Authorizes the Secretary concerned to purchase U.S. savings bonds for members who: (1) before completing three years of service on active duty, enter into a commitment to perform qualifying service; (2) after completing at least three but no more than nine years of active duty, enter into such a commitment; or (3) after completing nine years on active duty, enter into such a commitment. Defines as qualifying service service performed on active duty in a specialty designated as critical to meet wartime or peacetime requirements that is at least six years in addition to any period of currently-obligated service. Directs the Secretary concerned to purchase $5,000 worth of such bonds, for those under category (1), $15,000 worth for those in category (2), and $30,000 worth for those in category (3). Requires pro rata repayment of bond amounts for unserved periods, with an authorized waiver when against equity and good conscience or contrary to the best interests of the United States. Provides funding for such program through FY 2002 military personnel funds.
(Sec. 662) Directs the Secretary concerned to authorize use of commissary stores for new members of the Ready Reserve at the rate of two days for each month in which the member participates satisfactorily in any required training.
(Sec. 663) Amends the Public Health Service Act and other Federal law to authorize transitional compensation and commissary benefits for dependents of commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration who are separated from such service for dependent abuse.
Subtitle F: National Emergency Family Support - Authorizes the Secretary to provide assistance for families of military personnel serving on active duty during FY 2002 under the national emergency, in order to ensure that children of such families obtain needed child care and youth services.
(Sec. 682) Authorizes the Secretary, during FY 2002, to provide military family education and support services to the same extent that such services were provided during the Persian Gulf War.
Title VII: Health Care - Subtitle A: TRICARE Benefits Modernization - Directs the Secretary to: (1) terminate the individual case management program under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); and (2) integrate the beneficiaries under that program into the TRICARE program (a DOD managed health care program).
(Sec. 703) Directs the Secretary to provide long-term health care benefits under TRICARE in an effective and efficient manner that integrates those benefits with those provided under TRICARE on a less than long-term basis. Requires TRICARE post-hospital extended care services provided in a skilled nursing facility to continue for as long as medically necessary and appropriate.
(Sec. 704) Requires TRICARE health care benefits to include extended benefits for dependents who have moderate or severe mental retardation, a serious physical disability, or any extraordinary physical or psychological condition. Allows such benefits to include certain comprehensive health care and case management services, including respite care and home health supplies and services. Requires specified copayments.
(Sec. 706) Amends CHAMPUS to authorize the provision in military medical facilities of hearing aids to military dependents, but only when the dependent has a profound hearing loss. Includes certain accessories, repair, and replacement within the authority to provide a prosthetic device to such dependents.
(Sec. 707) Defines the type of durable medical equipment authorized to be provided to military dependents under CHAMPUS to include those which can: (1) improve, restore, or maintain the function of a body part, or minimize or prevent the deterioration of a function or condition; or (2) maximize the patient's function consistent with physiological or medical needs. Authorizes certain customization of such equipment to achieve therapeutic benefits or assure proper functioning. Allows durable equipment to be provided on a rental basis.
(Sec. 708) Authorizes rehabilitative therapy as part of such dependent care.
(Sec. 709) Directs the Secretary to carry out, and report to the defense committees on, a study to determine the adequacy of the scope and availability of outpatient mental health benefits provided to members and covered beneficiaries under TRICARE.
Subtitle B: Other Matters - Repeals the requirement for periodic screenings, examinations, and related care for members of Army Reserve units scheduled for early deployment.
(Sec. 712) Authorizes the payment of travel expenses for an adult who must accompany a covered TRICARE beneficiary for the receipt of covered specialty services at a facility more than 100 miles from the residence of the beneficiary.
(Sec. 713) Requires (currently authorizes) amounts paid to another provider of services under TRICARE to be determined by joint regulations among the administering Secretaries. Requires a contract for the provision of such services by either institutional or noninstitutional providers to include a clause that prohibits the provider from billing any covered person for charges for services in excess of the amount paid for those services under such joint regulations.
(Sec. 714) Amends the Spence Act to extend through December 31, 2003, the health care management demonstration program.
(Sec. 715) Directs the Comptroller General (CG) to carry out and report to Congress on a study of the: (1) needs of members of the Selected Reserve and their families for health care benefits; and (2) adequacy and quality of the health care provided to women under CHAMPUS.
(Sec. 717) Authorizes the Secretary and the Secretary of Veterans Affairs to jointly carry out a pilot program for the performance of physical examinations required in connection with the separation of military personnel. Requires the Secretary of Veterans Affairs to perform the examinations under the program, and to be reimbursed therefor by the Secretary. Requires the program to begin by July 1, 2002, and terminate on December 31, 2005. Requires a joint interim and final program report to Congress.
(Sec. 718) Amends the Spence Act to repeal the authority of the Secretary to require that a covered TRICARE beneficiary inform his or her primary care manager of any health care received from a civilian provider or in a specialized treatment facility. Outlines conditions under which the Secretary may waive a prohibition against requiring a nonavailability of health care statement or preauthorization in the case of a covered beneficiary enrolled in TRICARE Standard. Requires an implementation report from the Secretary to the defense committees.
(Sec. 719) Revises provisions authorizing transitional health care to members involuntarily separated from active duty (and their dependents) to include under such care members of the reserves separated from active duty in support of a contingency operation if the active duty is for more than 30 days, members involuntarily retained in support of a contingency operation, and members required to remain on active duty for less than one year in support of a contingency operation.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Procurement Management and Administration - Requires the Under Secretary to manage the procurement of services for DOD. Directs the Under Secretary to establish a structure for the management of such procurements, with a delegation of such authority to a designated official within each defense agency. Outlines contracting responsibilities of such designated officials, including that contracts or task orders be in the best interests of DOD. Requires the Under Secretary to issue guidelines in the management structure regarding how such officials should carry out their responsibilities.
Directs the Secretary to establish a single data collection system to provide management information with regard to each purchase of services by a military department or defense agency in excess of the simplified acquisition threshold, regardless of the form of the purchase. Directs the Secretary to issue and implement a policy that applies to DOD procurement services a program review structure similar to the one developed for and applied to the procurement of systems by DOD.
Requires the CG, after the Secretary and the Under Secretary take the actions required under this section, to submit to the defense committees an assessment of their compliance.
(Sec. 802) Provides as a goal that DOD use improved management practices to achieve, over ten fiscal years, savings in the procurement of services in a fiscal year equal to ten percent of the total amount of such DOD expenditures for FY 2000. Requires an annual report during such period from the Secretary to the defense and appropriations committees on progress made toward achieving such goal. Requires a review and report by the CG.
(Sec. 803) Directs the Secretary to promulgate, in the Department of Defense Supplement to the Federal Acquisition Regulation, regulations requiring competition in the purchase of products and services by DOD pursuant to multiple award contracts. Requires an annual report from the Secretary to the defense and appropriations committees.
(Sec. 804) Requires each critical technology to be used in production under a major defense acquisition program to be successfully demonstrated in a relevant environment, as determined in writing by the Under Secretary. Prohibits either Milestone B approval or initiation of the program without Milestone B approval prior to such demonstration, with a waiver by the Under Secretary due to exceptional circumstances. Requires an annual report from the Secretary to the defense committees on any waivers granted.
(Sec. 805) Amends the National Defense Authorization Act for Fiscal Year 1994 to allow a transaction entered into for a prototype project satisfying specified cost-sharing requirements to provide for the award of a follow-on production contract to the transaction participants for a specific number of units at specific target prices.
Subtitle B: Defense Acquisition and Support Workforce - Requires the Secretary to report to the defense committees on the extent of implementation of the recommendations set forth in the final report of the Department of Defense Acquisition 2005 Task Force concerning the future civilian acquisition workforce. Requires the CG to review such report and provide a report assessment to such committees.
(Sec. 812) Prohibits the defense acquisition and support workforce, during FY 2002 through 2004, from being reduced below the workforce level as of September 30, 2001, determined on the basis of full-time equivalent positions. Authorizes the Secretary to waive such prohibition after a specified certification to Congress.
(Sec. 813) Authorizes the Secretary to identify as a contingency contracting force those acquisition positions that involve duties requiring the personnel to deploy to perform contracting functions in support of a contingency operation or other DOD operation. Requires the Secretary to prescribe the qualifications for such positions. Provides exceptions to such qualifications.
Subtitle C: Use of Preferred Sources - Requires the Secretary, before purchasing a product listed in the latest edition of the Federal Prison Industries catalog, to conduct market research to determine whether such product is comparable in price, quality, and time of delivery to products available in the private sector. Requires the Secretary, upon a negative determination, to use competitive procedures for such procurement.
(Sec. 822) Directs the Secretary to require the Secretary of each military department, the head of each defense agency, and the head of each DOD field activity to ensure that the decisions made by that official regarding the consolidation of contract requirements for such department, agency, or activity are made with a view to providing small businesses with appropriate opportunities to participate in DOD procurements as prime contractors and subcontractors. Prohibits such official from executing an acquisition strategy that includes a consolidation of contract requirements with a total value in excess of $5 million unless the senior procurement executive concerned first: (1) conducts market research; (2) identifies any alternative contracting approaches that would involve a lesser degree of consolidation of contract requirements; and (3) determines that the consolidation is necessary and justified. Requires the Secretary to revise DOD data collection systems to ensure identification of consolidations in excess of $5 million.
Amends the Small Business Act to require the Administrator of the Small Business Administration (SBA) to: (1) compile from reports submitted to the SBA from other Federal agencies information as to whether contract bundling played a role in the failure of small businesses to participate in DOD procurements, as well as the number and value of consolidations of contract requirements with a total value in excess of $5 million; (2) study the best means to determine the accuracy of market research for each bundled contract; and (3) report to the small business committees on study results. Requires Federal agencies to provide a copy of market research required for such consolidations.
(Sec. 823) Codifies the Mentor-Protege Program (a program to encourage major DOD contractors to furnish eligible small businesses the opportunity to perform as subcontractors and suppliers under DOD procurement and other contracts) as established under the National Defense Authorization Act for Fiscal Year 1991. Requires annual program reports from the Secretary to Congress at the end of FY 2001 through 2004.
(Sec. 824) Amends the Small Business Act with respect to the HUBZone Program (a program to assist small businesses in historically underutilized business zones) to: (1) provide rules of construction with respect to citizenship requirements for participating small businesses; and (2) require participating small businesses to have a class of securities registered, and file reports with, the Securities and Exchange Commission.
Subtitle D: Amendments to General Contracting Authorities, Procedures, and Related Matters - Replaces references to "engineering and manufacturing development" with "system development and demonstration" with respect to defense major acquisition phase terminology. Replaces Milestone I, II, and III references with Milestone A, B, and C references.
(Sec. 832) Makes a prohibition on the DOD purchase of goods other than U.S. goods inapplicable to small purchases (less than $25,000) of miniature or instrument ball or roller bearings under certain circumstances.
(Sec. 833) Directs the Secretary to carry out a program to ensure that munitions under development or in procurement are safe throughout development and fielding when subjected to unplanned stimuli. Requires the Secretary to report to Congress on the insensitive munitions program.
Title IX: Department of Defense Organization and Management - Subtitle A: Organization and Management - Establishes the position of Deputy Under Secretary of Defense for Personnel and Readiness to assist the Under Secretary of Defense for Personnel and Readiness. Reduces from nine to eight the number of Assistant Secretaries of Defense.
(Sec. 902) Makes the Under Secretary of the Air Force responsible for planning, contracting for, and managing the acquisition of space launch vehicles and services for DOD and the National Reconnaissance Office.
(Sec. 903) Expresses the sense of Congress the Secretary should give careful consideration to recommending an officer of the Army or Marine Corps when considering officers for recommendation to the President for appointment as Commander in Chief, United States Transportation Command.
(Sec. 904) Redesignates the Office of the Deputy Chief of Naval Operations for Resources, Warfare Requirements, and Assessments as the Office of the Deputy Chief of Naval Operations for Warfare Requirements and Programs.
(Sec. 905) Revises information requirements with respect to an annual report on joint warfighting experimentation.
(Sec. 906) Prohibits the Secretary of the Navy, during a specified conditional period which includes a certification requirement, from commencing or continuing any change in engineering or technical authority policy for the Naval Sea Systems Command or its subsidiary activities.
(Sec. 907) Changes references to "Military Airlift Command" to "Air Mobility Command."
Subtitle B: Organization and Management of Space Activities - Authorizes the Secretary to establish in the Office of the Secretary the position of Under Secretary of Defense for Space, Intelligence, and Information to perform duties and exercise powers relating to DOD space, intelligence, and information programs and activities. Requires the Secretary to notify Congress after establishing such position. Requires two of the ten (currently nine) Assistant Secretaries of Defense to supervise activities relating to space, intelligence, and information. Requires the President to report to Congress on the proposed organization of such Under Secretary's office.
(Sec. 912) Requires the Secretary of the Air Force to be the DOD executive agent for the planning and execution of DOD space-related acquisition programs, projects, and activities. Requires the Under Secretary of the Air Force to: (1) act as Director of the National Reconnaissance Office; (2) coordinate space programs, projects, and activities of DOD and the National Reconnaissance Office; (3) establish and implement policies and procedures for developing an Air Force career field in Air Force space doctrine, operations, and systems; and (4) ensure joint space development and acquisition programs.
(Sec. 913) Requires the Secretary to create a major force program category for space programs for purposes of the future-years defense program.
(Sec. 914) Directs the CG to carry out an assessment of the implementation of recommendations of the Space Commission applicable to DOD, and to report to the defense committees on such assessment.
(Sec. 915) Requires the commander of the Air Force Space Command to hold the grade of general. Prohibits such commander from serving simultaneously as commander of the U.S. Space Command.
(Sec. 916) Expresses the sense of Congress that the Secretary should assign the best qualified officer holding the grade of general or admiral to serve as commander of the U.S. Space Command.
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 Act for FY 2002 between any such authorizations for that fiscal year. Requires congressional notification of each transfer.
(Sec. 1002) Reduces by $1.63 billion the total amount authorized to be appropriated for DOD in Divisions A and B of this Act, to reflect savings achieved through certain management efficiencies and business process reforms.
(Sec. 1003) Adjusts amounts authorized to be appropriated in the Spence Act by the amount by which appropriations pursuant to such authorization were increased or decreased under Title I of the Supplemental Appropriations Act, 2001.
(Sec. 1004) Revises the amount to be contributed by the Secretary in FY 2002 for the common-funded budgets of NATO (rather than the maximum amount that would otherwise be applicable under the FY 1998 baseline limitation).
(Sec. 1006) Directs the Secretary to submit annually to the Director of the Office of Management and Budget, the Secretary of the Treasury, the CG, and specified congressional committees a report on the reliability of DOD financial statements, including those of the military departments. Requires certain actions to be take with respect to statements found to be unreliable, including minimizing the resources used to develop, compile, and report the statement. Outlines statement audit requirements.
(Sec. 1007) Directs the Secretary to establish a Financial Management Modernization Executive Committee to: (1) establish a financial and feeder systems compliance process; (2) develop a management plan to implement such process; (3) supervise and monitor the actions necessary to implement the management plan; (4) require appropriate development and maintenance of a DOD financial management enterprise architecture; (5) ensure that investments in such systems comply with DOD business practice transformation strategy; and (6) provide an annual accounting of all DOD financial and feeder system investment technology. Requires the Secretary to submit to Congress an annual (currently biennial) strategic plan for the improvement of financial management within DOD. Outlines additional elements to be included in the plan submitted in 2002, as well as for each year thereafter.
(Sec. 1008) Authorizes the Chairman of the Joint Chiefs of Staff (JCS), using funds from the DOD account known as the Combating Terrorism Readiness Initiatives Fund, to provide funds to the commander of a combatant command or a designated officer for the procurement and maintenance of physical security equipment and related activities.
(Sec. 1009) Authorizes an additional $1.3 billion for the President for either RDT&E for ballistic missile defense or activities for combating terrorism.
(Sec. 1010) Adjusts amounts authorized to be appropriated to DOD for FY 2001 by the amounts of appropriations made available to DOD pursuant to the 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States. Requires a quarterly report from the Secretary to the defense committees on the use of such funds, as well as a proposed fund use allocation and plan.
Subtitle B: Strategic Forces - Amends the National Defense Authorization Act for Fiscal Year 1998 to repeal a limitation on the retirement or dismantlement of strategic nuclear delivery systems.
(Sec. 1012) Prohibits FY 2002 DOD funds from being obligated or expended for retiring or dismantling any of the 93 B-1B Lancer bombers in service as of June 1, 2001, or transferring or reassigning any such aircraft, until the President and the Secretary have submitted specified reports to Congress concerning such aircraft. Requires a follow-up study and report by the CG.
(Sec. 1013) Amends the Spence Act to add an additional element to be included by the Secretary as part of the revised nuclear posture review.
Subtitle C: Reporting Requirements - Directs the Secretary to compile a list of all provisions of law that require or request the President, with respect to national defense functions, or any DOD officer or employee, to submit a report, notification, or study to Congress or a congressional committee. Makes such requirement inapplicable to a provision that requires or requests only one report, notification, or study.
(Sec. 1022) Directs the Secretary to report to Congress on DOD policies, plans, and procedures for combating terrorism.
(Sec. 1023) Requires the JCS Chairman, as part of the defense quadrennial review, to submit to the Secretary an assessment of the assignment of functions (roles and missions) to the armed forces, together with recommendations for changes in such assignment in order to achieve maximum efficiency. Repeals a required triennial report on the assignment of such roles and missions.
(Sec. 1024) Revises the deadline for an annual report on the conversion of DOD commercial and industrial functions.
(Sec. 1025) Authorizes the Secretary, subject to the availability of appropriations, to: (1) design, construct, and operate a facility for the production of vaccines against biological warfare agents; (2) qualify and validate the facility; and (3) contract with a private sector source for the production of such vaccines at the facility. Requires the Secretary to develop a long-range plan for the production and acquisition of such vaccines, and to report to the defense and appropriations committees on such plan.
(Sec. 1026) Amends the Spence Act to extend report and termination dates of the Commission on the Future of the United States Aerospace Industry.
(Sec. 1027) Requires the CG to study and report to the defense committees on the interconnectivity between the voice, data, and video networks of the National Guard distributive training technology project and other DOD, Federal, State, and private voice, data, and video networks.
Subtitle D: Armed Forces Retirement Home - Amends Federal provisions establishing the Armed Forces Retirement Home (Home) to: (1) redesignate the United States Soldiers' and Airmen's Home as the Armed Forces Retirement Home - Washington and the Naval Home as the Armed Forces Retirement Home - Gulfport; (2) authorize the Secretary to acquire and dispose of property as needed for the Home, and to make available from DOD certain Home support services; (3) require the Secretary to report annually on Home financial and other affairs; (4) replace the Retirement Home Board with the Chief Operating Officer of the Retirement Home, responsible for overall Home direction, operation, and management; (5) allow the Chief Operating Officer to accept gifts on behalf of the Home; (6) transfer to the Chief Operating Officer other current responsibilities of the Retirement Home Board; (7) repeal a provision requiring a Home resident who is absent for more than 45 days to reapply for acceptance; (8) revise generally provisions concerning determinations of the monthly fees to be paid by residents; (9) require each Home facility to have a Local Board of Trustees to serve in an advisory capacity to the facility Director and the Chief Operating Officer; (10) require the Secretary to appoint a Director (current law) and Deputy Director for each Home facility, with specified duties; (11) require each attorney appointed as a fiduciary for the estate of a deceased resident to be a full-time officer or employee of the United States or member of the armed forces on active duty; and (12) repeal specified Federal provisions made obsolete by the above changes.
Subtitle E: Other Matters - Requires (current law authorizes) the Secretary to conduct the National Guard Challenge and STARBASE programs (educational programs for children and youth).
(Sec. 1062) Prohibits any person from possessing significant military equipment formerly owned by DOD unless: (1) such equipment has been demilitarized; (2) the person is in possession to demilitarize the equipment pursuant to a Federal contract; or (3) the person is specifically authorized by law or regulation to possess such equipment. Requires the Secretary to notify the Attorney General (AG) of violations. Authorizes the AG to require any person to demilitarize the equipment, have the equipment demilitarized by a third party, or return such equipment for demilitarization. Requires the Secretary to prescribe demilitarization standards.
(Sec. 1063) Amends the Defense Against Weapons of Mass Destruction Act of 1996 to authorize the Secretary to convey property to a State or local government that is already loaned to such State or local government, if the property is used for emergency response to a use or threatened use of a weapon of mass destruction.
(Sec. 1064) Authorizes the Secretary of Veterans Affairs to pay a gratuity of $20,000 to a veteran or civilian internee (or their surviving spouse) who served in or with U.S. combat forces during World War II, was captured and held as a prisoner of war by Japan, and was required by Japan or one or more Japanese corporations to perform slave labor during such War.
(Sec. 1065) Allows any Federal employee, member of a foreign service, member of an armed force, any family member or dependent of such employee or member, or other individual traveling at Government expense who receives promotional items as a result of using Federal or military transportation services to retain such promotional item for personal use if the item is obtained under the same terms as those offered to the general public and at no additional cost to the Government.
(Sec. 1066) Amends the Radiation Exposure Compensation Act to require the appropriation (currently, authorizes appropriations) of funds, with limits, for FY 2002 through 2011 for making payments to eligible exposure beneficiaries.
(Sec. 1067) Amends the National Defense Authorization Act for Fiscal Year 1998 to make certain limitations on the leasing of non-excess property of the military departments inapplicable to renewals or extensions of a lease with a selected institution for the operation of a ship within the University National Oceanographic Laboratory System, with certain conditions.
(Sec. 1068) Amends the Small Business Act with respect to the participation of small businesses as contractors and subcontractors under Federal procurement contracts to: (1) revise the definition of "bundled contract"; (2) allow contracts awarded to a team composed entirely of small businesses to be counted toward the small business contracting goals; and (3) require small businesses to perform a specified percentage of work under either a bundled contract or the HUBZone Program.
Directs the SBA Administrator to establish the Small Business Procurement Competition Program for small business-only joint ventures to compete for Federal procurement contract awards. Requires the Administrator to establish and maintain a permanent database that identifies small businesses interested in forming such joint ventures, and to make the database available to each Federal agency and to all small businesses. Terminates the program three years after the enactment of this Act. Requires a program report from the Administrator to Congress.
(Sec. 1069) Requires a report from the Secretary to Congress on DOD requirements for chemical and biological protective equipment. Expresses the sense of Congress that the Secretary should consider utilizing funds available for chemical and biological defense programs to provide an appropriate level of protection from chemical and biological attack.
(Sec. 1070) Authorizes the Secretary of the Navy, under certain conditions, to sell outside of DOD articles and services provide by the Naval Magazine, Indian Island, facility that are not available from any U.S. commercial source.
(Sec. 1071) Amends the Federal Fire Prevention and Control Act of 1974 to extend through FY 2004 the authorization of appropriations for firefighter assistance.
(Sec. 1072) Directs the Secretary of the Navy to submit to Congress a plan to ensure that the embarkation of selected civilian guests does not interfere with the operational readiness and safe operation of Navy vessels.
(Sec. 1073) Directs the Secretary, with the FY 2003 budget request, to report to the defense and appropriations committees recommendations on options for providing helicopter support missions for ICBM wings at Minot AFB, North Dakota, Malmstrom AFB, Montana, and F.E. Warren AFB, Wyoming, for as long as those missions are required.
(Sec. 1074) Expresses the sense of the Senate that the Secretary of the Treasury should immediately issue savings bonds, to be designated as "Unity Bonds," to be used to rebuild America and fight the war on terrorism.
(Sec. 1075) Authorizes the Secretary to fix the compensation levels for civilian law enforcement and security personnel whose permanent duty station is the Pentagon Reservation.
(Sec. 1076) Authorizes the Secretary of Transportation to waive certain vehicle weight limitations for a specified route in Maine during a period of national emergency.
Title XI: Department of Defense Civilian Personnel Policy - Subtitle A: Intelligence Personnel - Authorizes the Secretary to increase the maximum number of positions in the Defense Intelligence Senior Executive Service by the number of such positions in the Central Intelligence Agency that are eliminated by the Director of Central Intelligence, but limits the total number of such positions to 544 (formerly 517).
(Sec. 1102) Provides for the continued applicability (as long as there is no break in service) of certain civil service protections for Defense Mapping Agency employees integrated into the National Imagery and Mapping Agency.
Subtitle B: Matters Relating to Retirement - Provides Federal employee retirement credit under the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS) for service performed with a nonappropriated fund instrumentality of DOD or the Coast Guard, as long as such employee elects such credit at the time of separation from such service. Prohibits such service from being credited under any other retirement system.
(Sec. 1112) Removes the requirement that a Federal employee must have at least five years of creditable service under CSRS or FERS in order to elect, upon transferring to employment in a nonappropriated fund instrumentality of DOD or the Coast Guard, to remain covered under CSRS or FERS during the latter employment.
(Sec. 1113) Amends the Spence Act to repeal certain limitations on the exercise of the voluntary separation incentive pay and voluntary early retirement authorities.
Subtitle C: Other Matters - Entitles the chaplain for the United States Military Academy to a housing allowance equal to that applicable for an officer at the Academy in pay grade O-5.
(Sec. 1122) Requires the CG to study and report to Congress on the adequacy of the pay and other elements of compensation provided for teachers in the defense dependents' education system established under the Defense Dependents' Education Act of 1978.
(Sec. 1123) Authorizes the Secretary to carry out a pilot program to facilitate the reemployment of DOD employees involuntarily separated due to a reduction in force or a relocation resulting from a transfer of function. Authorizes the Secretary to pay a retraining incentive (with limits) to employers who reemploy such individuals. Prohibits any retraining incentive from being paid for training commenced after September 30, 2005.
(Sec. 1124) Amends the National Technology Transfer and Advancement Act of 1995 to allow appropriated funds to be used by Federal employees to participate in technical standards development activities.
(Sec. 1125) Authorizes the Secretary to appoint in the competitive civil service, without regard to examination requirements, individuals who have received a degree or certification in specified health care professions or occupations.
(Sec. 1126) Authorizes a Federal agency to use available funds to pay for professional credentials of employees, as well as for the examinations required to obtain such credentials.
Title XII: Matters Relating to Other Nations - Subtitle A: Cooperative Threat Reduction With States of the Former Soviet Union - Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits funds from being used for purposes other those specified until 30 days after the Secretary reports to Congress on such purpose. Provides limited authority to vary allocated amounts, after congressional notification.
(Sec. 1203) Amends the National Defense Authorization Act for Fiscal Year 2000 to require a specified certification from the Secretary to Congress before FY 2000 CTR funds may be used to construct a chemical weapons destruction facility in Russia. Authorizes the Secretary to omit from such certification information concerning the size of Russia's existing chemical weapons stockpile when contrary to the national security interest.
(Sec. 1204) Empowers the Secretary with authority, direction, and control over the management of CTR programs and their funding. Makes the Defense Threat Reduction Agency the executive agent of DOD for functions relating to CTR programs. Requires each DOD budget to include amounts requested for CTR programs.
(Sec. 1205) Amends the Spence Act to include an additional matter in an annual report of activities and assistance under CTR programs.
Subtitle B: Other Matters - Limits to $15 million the total assistance authorized to be provided by the Secretary for support of United Nations-sponsored efforts to inspect and monitor Iraqi weapons activities. Extends such authority through FY 2002.
(Sec. 1212) Authorizes friendly foreign countries to participate with DOD in cooperative research and development projects for defense equipment and munitions. Authorizes the Secretary to delegate the authority to determine project eligibility to one other DOD official. Requires the Secretary to submit to specified congressional committees an annual report on the determination of countries eligible for such projects. (Currently, such report is required jointly of the Secretaries of Defense and State whenever they consider it to be warranted.)
(Sec. 1213) Authorizes the Secretary, with the concurrence of the Secretary of State, to enter into a memorandum of understanding with a foreign country or international organization to provide reciprocal access to ranges and other facilities for the testing of defense equipment. Requires in such memorandum provisions for the payment of range and user facilities costs, limiting the delegation of authority with respect to the determination of such costs.
(Sec. 1214) Authorizes the Secretary to test, maintain, repair, or replace nuclear test monitoring equipment furnished to foreign governments. Deletes a provision requiring such equipment to be returned to the United States if either party to a monitoring agreement determines that the agreement no longer serves its interests.
(Sec. 1215) Amends the Chemical Weapons Convention Implementation Act of 1998 to require the United States National Authority to coordinate the designation of contractor personnel who shall be led by a Federal employee during the inspection of a U.S. chemical weapons plant, site, or other facility.
(Sec. 1216) Authorizes the President to transfer specified naval vessels: (1) on a grant basis to Poland and Turkey; and (2) on a sale basis to Taiwan and Turkey. Makes specified vessel transfer limitation laws inapplicable to such transfers, and prohibits transfers made on a grant basis from being counted against annual limits on the transfer of excess defense articles. Requires all transfer costs to be borne by the recipients. Directs the President to require that the country to which such vessels are transferred have any necessary vessel repair or refurbishment performed at a shipyard in the United States, including a Navy shipyard.
(Sec. 1217) Amends the Multinational Force and Observers Participation Resolution to authorize the United States to use contractors to provide logistical support to the Multinational Force and Observers in lieu of providing such support through U.S. armed forces.
(Sec. 1218) Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary of State to use available funds to employ individuals or organizations for services abroad without having the employees considered Federal employees.
(Sec. 1219) Expresses the sense of the Senate supporting efforts by the President to increase defense burdensharing by allied and friendly foreign nations.
(Sec. 1220) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to release a restriction on the use of certain vessels previously authorized to be sold.
Title XIII: Contingent Authorization of Appropriations - Allows the total amounts authorized to be appropriated under this Act for military personnel, RDT&E, O&M and working capital funds, and military construction to be so appropriated without reduction under the next section only if: (1) the Chairman of the Senate Budget Committee determines that such total appropriation would not reduce the budget surplus below the level of the Medicare Hospital Insurance Trust Fund surplus, and appropriately increases the allocation of new budget authority for defense spending; or (2) the Senate waives points of order under the Congressional Budget and Impoundment Control Act of 1974 with respect to an appropriations bill or resolution that provides a higher budget authority for defense spending, and subsequently approves the bill or resolution. Provides a target amount for an increase in such budget authority which, if reached, would require that no appropriation reduction be made.
(Sec. 1302) Reduces by specified amounts the total amounts authorized to be appropriated for the categories above, until the allocation of the new budget authority.
Became Public Law No: 107-107.
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 Levin. Without written report.
Committee on Armed Services. Original measure reported to Senate by Senator Levin. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 158.
Measure laid before Senate by unanimous consent. (consideration: CR S10055-10056)
Senate struck all after the Enacting Clause and substituted the language of S. 1438 amended (Division A only).
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
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