H.R.2586 - National Defense Authorization Act for Fiscal Year 2002107th Congress (2001-2002)
|Sponsor:||Rep. Stump, Bob [R-AZ-3] (Introduced 07/23/2001)(by request)|
|Committees:||House - Armed Services|
|Committee Reports:||H. Rept. 107-194|
|Latest Action:||Senate - 06/18/2002 Indefinitely postponed by Senate by Unanimous Consent. (All Actions)|
|Roll Call Votes:||There have been 4 roll call votes|
|Notes:||For further action, see S. 1438, which became Public Law 107-107 on 12/28/2001.|
This bill has the status Passed House
Here are the steps for Status of Legislation:
- Passed House
Summary: H.R.2586 — 107th Congress (2001-2002)All Information (Except Text)
National Defense Authorization Act for Fiscal Year 2002 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2002 for the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement.
Passed House amended (09/25/2001)
(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.
(Sec. 108) Increases authorized procurement amounts by $57.1 million, to be available for the U.S.S. Eisenhower refueling complex overhaul program. Offsets by the same amount funds authorized for operation and maintenance (O&M) under Title III.
Subtitle B: Army Programs - Authorizes the Secretary of the Army to extend for one additional year the existing multiyear procurement contract for Army tactical vehicles if determined necessary to prevent a break in vehicle production.
(Sec. 112) Amends the National Defense Authorization Act for Fiscal Year 1985 to repeal certain limitations concerning the bunker defeat munitions acquisition program.
Subtitle C: Air Force Programs - Authorizes the Secretary of Defense (Secretary), after certification to the congressional defense and appropriations committees, to enter into a new multiyear procurement contract or extend the current contract, to procure up to 60 additional C-17 aircraft to meet DOD airlift requirements.
Subtitle D: Chemical Munitions Destruction - Amends the National Defense Authorization Act for Fiscal Year 1996 concerning destruction of the existing stockpile of lethal chemical agents and munitions to prohibit the Secretary from initiating any destruction at a site unless: (1) appropriate emergency preparedness and response capabilities have been established; and (2) the Under Secretary of Defense for Acquisition, Technology, and Logistics recommends such destruction after considering the recommendation of an oversight board convened by the Under Secretary. Prohibits the Under Secretary from recommending such a destruction after a negative board recommendation until 90 days after the Under Secretary notifies Congress of such intention.
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.
Subtitle B: Program Requirements, Restrictions, and Limitations - Earmarks specified RDT&E funds for the cooperative DOD/Department of Veterans Affairs medical research program.
(Sec. 212) Directs the Secretary to establish a competitive program for the development of an advanced land attack missile for the DD-21 land attack destroyer and other naval combatants. Requires a program report to the defense and appropriations committees. Earmarks specified RDT&E funds for such purpose.
(Sec. 213) Directs the Secretary to develop and demonstrate advanced technologies and concepts leading to advanced radar systems for naval and other applications. Requires a report to the defense and appropriations committees. Earmarks specified RDT&E funds for such purpose.
(Sec. 214) Amends the National Defense Authorization Act for Fiscal Year 1998 to increase by $250 million the cost limitation applicable to F-22 aircraft engineering and manufacturing development.
(Sec. 215) Increases authorized RDT&E amounts by $30 million, to be available for reengining and avionics modernization for the C-5 aircraft. Offsets by the same amount funds authorized for O&M under Title III.
Subtitle C: Ballistic Missile Defense - Transfers from the Ballistic Missile Defense Organization (BMDO) to the military departments responsibility for procurement for missile defense programs. Requires prior notification from the Secretary to the defense and appropriations committees before such a transfer.
(Sec. 232) Repeals program element requirement for ballistic missile defense programs.
(Sec. 233) Earmarks specified RDT&E funds for research, development, and demonstration activities at Department of Energy national laboratories in support of BMDO missions.
(Sec. 234) Directs the Secretary to ensure that each DOD budget request: (1) is designed to provide comprehensive testing of ballistic missile defense programs during early development; and (2) includes necessary funding to support and improve test infrastructures and provide adequate test assets. Outlines requirements for early stage system development, with specific requirements for ground-based, mid-course interceptor systems.
(Sec. 235) Authorizes the Secretary, using specified RDT&E funds made available for the BMDO, to carry out construction projects to establish and operate the Missile Defense System Test Bed Facilities. Limits such amounts to $500 million. Authorizes the Secretary, in connection with such projects, to provide assistance to local communities to meet the need for increased services resulting from such construction.
Subtitle D: Other Matters - Requires the commander of the United States Joint Forces Command to establish a capability to evaluate and insure joint operability of unmanned aerial vehicle systems.
(Sec. 242) Directs the Secretary of the Navy to carry out a demonstration project to increase access to Navy facilities by small businesses and universities engaged in science and technology research beneficial to the naval fleet. Requires a report to Congress.
(Sec. 243) Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to extend through FY 2008 the responsibility of the Director of Defense Research and Engineering over the naval mine countermeasures program.
(Sec. 244) Directs the Secretary to carry out a program to provide opportunities for the increased introduction of innovative and cost-saving technology in DOD acquisition programs, to be known as the Challenge Program. Requires the Secretary to establish a panel of scientists and engineers to review and evaluate program proposals. Provides program funding through RDT&E funds. Requires an annual implementation report from the Secretary to Congress.
Subtitle E: Air Force Science and Technology for the 21st Century - Air Force Science and Technology for the 21st Century Act - Expresses the sense of Congress that the Secretary of the Air Force should: (1) continue and improve efforts to ensure the advocacy of science and technology within the Air Force budgetary decisionmaking process; (2) complete and adopt policy directives for changes in Air Force science and technology budgetary and nonbudgetary decisions; (3) review the long-term challenges and short-term objectives of Air Force science and technology programs; and (4) ensure that development and science and technology planning and investment activities are carried out for future space warfighting systems and future nonspace warfighting systems. Directs such Secretary to: (1) reinstate and implement a revised Air Force science and technology development planning process; and (2) carry out a study to determine how changes to the Air Force science and technology program implemented during the past two years affect future Air Force capabilities. Requires a report to Congress on study results. Provides funding from Air Force RDT&E funds.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2002 for 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) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified military O&M accounts for FY 2002.
Subtitle B: Environmental Provisions - Directs the Secretary to develop and maintain an inventory of former military ranges that are known or suspected to contain abandoned military munitions. Requires such ranges to be assigned a relative priority for response. Requires the inventory and priority lists to be updated annually.
(Sec. 312) Requires the Secretary, whenever an environmental statement or assessment is required to be prepared in connection with a proposed DOD action, to include as part of such statement or assessment a detailed evaluation of the action's impact on national security, including the readiness, training, testing, and operations of the armed forces.
(Sec. 313) Directs 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. 314) Authorizes the Secretary to conduct studies regarding mitigation needs in connection with the Port of Orange and Sabine River (Texas) and the Philadelphia Naval Shipyard (Pennsylvania). Requires a report to the defense committees. Authorizes the Secretary, following such studies, to work with other entities to remove protruding structures, submerged objects, and debris.
(Sec. 315) Repeals the requirement of an annual report from the Secretary to Congress on payments made to contractors for environmental response costs.
Subtitle C: Commissaries and Nonappropriated Fund Instrumentalities - Repeals and replaces provisions outlining the eligibility for commissary usage for certain members of the Ready Reserve. Authorizes 24 days per year of commissary use for: (1) members who satisfactorily complete 50 or more creditable points toward such use (current law); and (2) members of the Selected Reserve who have completed Ready Reserve training requirements, with a reduced number of commissary visits for new Selected Reserve members.
(Sec. 322) Requires the Secretary of the military department concerned to reimburse a commissary surcharge account for using a commissary for a non-commissary purpose.
(Sec. 323) Empowers the United States to settle claims of expenditures of nonappropriated fund instrumentalities relating to shoplifting and theft detection and prevention.
Subtitle D: Workforce and Depot Issues - Prohibits more than 50 percent of the defense workforce reviews planned during FY 2002 from being initiated before the earlier of: (1) May 1, 2002; or (2) the date on which the Comptroller General (CG) submits to Congress certain previously-required reports concerning policies and procedures for the transfer of commercial activities from Government personnel to Federal contractors. Prohibits a commercial- or industrial-type function of DOD from being changed to performance by the private sector as a result of a workforce review unless, as a result of a cost comparison, at least a ten percent cost savings would be achieved. Provides exceptions to the cost-savings requirement, as well as a waiver for national security reasons.
(Sec. 332) Makes certain core logistics capability requirements inapplicable to the nuclear refueling of aircraft carriers (currently inapplicable only to the carriers themselves).
(Sec. 333) Amends the National Defense Authorization Act for Fiscal Year 2000 to replace a requirement that the Secretary report to Congress on the use of non-federal entities to provide services to DOD with a requirement that the Secretary of the Army provide such report with respect to services provided to the Army. Requires the CG to submit to Congress an evaluation of such report.
(Sec. 334) Prohibits the Secretary of the Army from authorizing the expansion of the wholesale logistics modernization program beyond the original legacy systems stage until such Secretary certifies to Congress that the original legacy systems have been successfully replaced.
(Sec. 335) Prohibits amounts expended from FY 2002 through 2006 Air Force depot level maintenance and repair workload funds for the performance of such workloads by non-Government personnel at specified Centers of Industrial and Technical Excellence in Oklahoma, Utah, and Georgia from being counted against current limitations on private-sector performance of depot level maintenance.
(Sec. 336) States that provisions requiring a private purchaser to hold the United States harmless in all purchases of defense articles shall not apply in the case of a claim that damages or injury arose from Government failure to comply with quality, schedule, or cost performance requirements of the sales contract.
Subtitle E: Defense Dependents Education - Earmarks specified O&M funds for assistance to local educational agencies that benefit dependents of military personnel and DOD civilian employees, including payments for reductions in the number of military dependent students as a result of the closure or realignment of military installations.
(Sec. 342) Allows a military dependent who is educated in a home school setting, but is eligible to enroll in a school of the defense dependents' education system, to use or receive auxiliary services of that school without being required to enroll or register in the school.
(Sec. 343) Requires a report from the Secretary to Congress evaluating the current method for compensating teachers employed in overseas schools operated by DOD.
Subtitle F: Other Matters - Authorizes the Secretary to make excess clothing, shoes, sleeping bags, and related nonlethal excess supplies available to the Secretary of Veterans Affairs for distribution to homeless veterans and programs assisting such veterans.
(Sec. 352) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to extend through FY 2002 the requirement that the Secretary of the Navy ensure that rates charged by a Navy working capital funded industrial facility for goods or services are not increased to fund the Navy-Marine Corps Intranet contract. Removes activities of the Marine Corps from a prohibition against the use of Intranet funds.
(Sec. 353) Directs the Secretary to conduct until completion all DOD demonstration programs to improve the movement of household goods of military personnel conducted or authorized as of October 1, 2000. Requires an evaluation report to Congress, along with interim reports.
(Sec. 354) Includes a county or other State political subdivision within those entities eligible for the loan, gift, and exchange of military documents, historical artifacts, and obsolete combat material.
(Sec. 355) Expresses the sense of Congress that the Secretary should provide essential and appropriate public safety and security support for the 2002 Winter Olympic Games in Salt Lake City, Utah.
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 2002. Increases certain permanent end strength minimum levels.
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 duty 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 number by up to five percent in the national interest.
Subtitle C: Other Matters Relating to Personnel Strengths - Increases from one to two percent the amount by which the fiscal year end strength limits may be increased.
(Sec. 422) Exempts from annual active-duty end strength limits all National Guard and reserve personnel on active duty to perform funeral honors functions.
(Sec. 423) Increases the authorized end strengths for active-duty Air Force majors.
Subtitle D: Authorization of Appropriations - Authorizes appropriations for FY 2002 for military personnel.
Title V: Military Personnel Policy - Subtitle A: General Personnel Management Authorities - Repeals: (1) the current limitation on the number of active-duty officers in the grades of admiral and general; and (2) the requirement that no person may receive an original appointment as a commissioned officer in the Regular Army, Air Force, or Marine Corps without having served one year on active duty as a reserve commissioned officer.
(Sec. 502) Requires (currently authorizes) a cadet or midshipman who is otherwise qualified for an original appointment in a regular component to be appointed a second lieutenant (Army and Air Force) or ensign (Navy). Requires those designated or selected as distinguished graduates of a Reserve Officers' Training Corps (ROTC) program or other officer commissioning programs to be appointed as a regular officer.
(Sec. 503) Authorizes the Secretary concerned, when the needs of the service so require, to reduce from two years to 18 months the time-in-grade required before promotion of first lieutenants or lieutenants (junior grade).
(Sec. 504) Increases by one-half percent the authorized daily average number of enlisted members on active duty in pay grade E-8.
(Sec. 505) Authorizes the Secretary concerned to defer the mandatory retirement or separation from service of an officer for up to 30 days after completion of an evaluation requiring hospitalization or medical observation to determine such officer's entitlement to such retirement or separation due to physical disability.
(Sec. 506) Authorizes the Secretary concerned, upon termination of a suspension by the President of certain laws relating to military promotion, retirement, and separation due to national security, to extend by up to 90 days the otherwise required separation or retirement date of an officer originally covered by the suspension provision.
(Sec. 508) Authorizes a Navy officer serving limited duty in a grade not below lieutenant commander to be detailed by the Secretary of the Navy as Officer in Charge of the United States Navy Band.
(Sec. 509) Amends the National Defense Authorization Act for Fiscal Year 1993, the Defense Dependents' Education Act of 1978, and specified Federal provisions to extend through December 31, 2002, the termination date for certain military transition authorities currently scheduled to expire at the end of 2001.
Subtitle B: Reserve Component Personnel Policy - Provides for the retroactive application of placement on the reserve active status list of certain reserve officers on active duty for a period of three years or less.
(Sec. 513) Provides an additional exception to the requirement of a baccalaureate degree prior to appointment of reserve officers to grades above first lieutenant for a person whose original appointment as an Army Reserve officer was through the Officer Candidate School program and who immediately before such appointment was an enlisted member on active duty.
(Sec. 514) Removes the requirement that a reserve member, in order to be eligible for certain disability and other benefits, must have incurred or aggravated an injury, illness, or disease while remaining overnight between successive periods of inactive-duty training at a site that is outside reasonable commuting distance from such member's residence.
(Sec. 515) Allows reserve officers above major or lieutenant commander who have served satisfactorily in such grade for at least six months (usually three years is required) to be credited with service in that grade if the person is retired solely because of a physical disability as determined, at a minimum, by a medical evaluation board.
(Sec. 516) Provides housing requirements under which reserve members shall be considered to be deployed for purposes of personnel tempo management.
(Sec. 517) Considers as inactive-duty training funeral honors duty performed by National Guard and reserve personnel not on active duty at the time.
(Sec. 518) Considers as a member of the armed forces, for purposes of attendance at funeral honors duty, a member of the Army or Air National Guard who so serves in a duty status authorized under a State law (thereby performing under a non-federal status). Authorizes the use of military leave for the performance of funeral honors duty.
(Sec. 520) Authorizes National Guard members and units, under specified conditions, to conduct and compete in a qualifying athletic or small arms competition. Defines as qualifying those events that require skills relevant to military duties or involve aspects of physical fitness used to determine whether a member is fit for military duty. Provides funding for such activities, with a total expenditure limitation.
Subtitle C: Joint Specialty Officers and Joint Professional Military Education - Requires each officer on the active-duty list on the date of enactment of this Act who has not before been nominated for the joint specialty and each officer who is placed on such list after such date, and who meet certain current requirements, to automatically be considered to be nominated for the joint specialty.
(Sec. 522) Allows joint service credit for service in a temporary joint task force assignment not involved in combat or combat-related operations only under very limited circumstances, including a certification by the Secretary that such service qualifies for such credit.
(Sec. 523) Authorizes the Secretary to award retroactive joint service credit for participation in specified military operations, on a case-by-case basis.
(Sec. 524) Requires certain additional information in an annual report from the Secretary concerning joint officer management.
(Sec. 525) Prohibits, for appointments after September 30, 2007, officers on the active-duty list from being appointed to the grade of brigadier general or rear admiral (lower half) unless the officer has been selected for the joint specialty. Requires the Secretary to submit to Congress a draft proposal for legislative changes needed to implement such requirement.
(Sec. 526) Requires the Secretary to provide for an independent study of the joint officer management system and the joint professional military education system.
(Sec. 527) Makes the Secretary the executive agent for funding professional development education operations of all components of the National Defense University, including the Joint Forces Staff College. Requires the Secretary to prepare an annual budget for such operations, and to submit a separate budget request therefor in budget materials submitted to Congress. Provides operations funding through annual O&M funds.
(Sec. 528) Authorizes the Secretary to permit private sector employees who work in organizations relevant to national security to receive instruction at the National Defense University, with a limit of ten such employees at any one time. Requires the Secretary to certify to the defense committees that such instruction will further the national security interest. Requires such students to pay tuition and maintain an appropriate standard of conduct.
(Sec. 529) Directs the Secretary, during FY 2002, to continue the concept validation test of reserve joint professional military education begun in FY 2001 at the National Defense University. Authorizes a pilot program. Provides funding.
Subtitle D: Military Education and Training - 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. Directs the Secretary of the Navy to establish a board of advisors for the Marine Corps University for certifying the strategic studies degree.
(Sec. 533) Increases from 40 to 60 the number of foreign students authorized to be admitted to each of the military service academies.
(Sec. 534) Increases from 17 to 35 the maximum age for appointment as a cadet or midshipman in Senior ROTC scholarship programs. Allows such members to enlist in any component of the armed forces (currently, only a reserve component) in order to become eligible for advanced training.
(Sec. 536) Authorizes the Secretary of the Army to modify the service obligation of certain ROTC cadets in military junior colleges receiving financial assistance to reduce or eliminate the troop program unit service obligation and replace it with an active duty service obligation.
(Sec. 537) Modifies the nurse officer candidate accession program to allow such students to receive a monthly stipend while attending an educational institution under such program as long as the student is ineligible for a Senior ROTC program maintained at such institution.
(Sec. 538) Repeals the current limit on the total number of authorized Junior ROTC units.
(Sec. 539) Eliminates the requirement that participation in the reserve health professionals stipend program require training in specialties critically needed in wartime. Authorizes the Secretary concerned to enter into an agreement with a person studying medicine or dentistry under which the person accepts a reappointment or redesignation within such person's reserve component and agrees to residency training in return for a monthly stipend to complete such education. Requires one year of service for each six months for which the stipend is provided.
(Sec. 540) Provides a basic housing allowance for the Chaplain, Corps of Cadets, United States Military Academy.
Subtitle E: 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. 542) Requires the Secretary of each military department to review the records of certain Jewish American or Spanish American war veterans to determine whether such veteran should be awarded the Medal of Honor, and to recommend to the President those veterans who should receive such award. Waives time limitations concerning such award.
(Sec. 543) Authorizes a person awarded a Medal of Honor to be issued a duplicate of such Medal. Amends the Federal criminal code to include the duplicate within prohibitions on the unauthorized use of the Medal of Honor.
(Sec. 544) Authorizes the replacement of stolen military decorations.
(Sec. 545) Waives certain time limitations with respect to the award of the Distinguished Flying Cross to certain persons for service during World War II or the Korean Conflict.
(Sec. 546) Directs the Secretary concerned to issue a campaign medal, to be known as the Korea Defense Service Medal, to each person who met Medal service requirements in the Republic of Korea or waters adjacent thereto during the period beginning July 28, 1954, and ending on a date to be determined by the Secretary of Defense.
(Sec. 547) Directs the Secretary concerned to issue a Cold War service medal to persons who served on active duty during the Cold War (September 2, 1945, to December 26, 1991) and were discharged under not less than honorable conditions.
(Sec. 548) Directs the Secretary concerned to award the Vietnam Service Medal to eligible recipients in lieu of the Armed Forces Expeditionary Medal for participation in Operation Frequent Wind arising from the evacuation of Vietnam on April 29 and 30, 1975.
(Sec. 549) Commends the decision announced by the Deputy Secretary of Defense to approve the creation of a new award of a medal for the defense of freedom, to be awarded to DOD civilian employees who are killed or wounded as a result of hostile action. Expresses the sense of Congress that the Secretary should: (1) move expeditiously to produce and award such medal; and (2) develop a more comprehensive, uniform policy for the award of decorations to DOD military and civilian personnel.
Subtitle F: Matters Relating to Voting - Directs the Defense Inspector General to annually conduct a random and unannounced assessment, at a minimum of 15 defense installations, of certain voting assistance provided to military personnel. Requires the Secretary of each military department to assess compliance with the Uniformed and Overseas Citizens Absentee Voting Act and DOD regulations regarding the Federal voting assistance program. Requires military voting assistance officers to serve in such capacity for a minimum of 30 months. Directs the Secretary to periodically conduct mail surveys to determine if voting materials are awaiting shipment and, if so, the length of time that such materials have been held at a location.
(Sec. 552) Directs the Secretary to carry out, and report to Congress on, a demonstration project to examine voting in Federal elections by absentee military voters through a long-distance electronic voting system.
Subtitle G: Matters Relating to Military Spouses and Family Members - Directs the Secretary to examine existing DOD and other Federal, State, and nongovernmental employment assistance programs with the objective of improving retention of military personnel by increasing the employability of military spouses and assisting such spouses in gaining access to financial and other assistance for job training and education. Requires the Secretary to report examination results to the defense committees. Requires the Secretary to review and report on DOD policies that affect employment and educational opportunities for military spouses in order to further expand such opportunities. Authorizes the Secretary of a military department to make available to a non-DOD entity space in non-excess facilities to provide employment-related training for military spouses. Requires the Secretary to work with the Director of the Office of Personnel Management and other Federal departments and agencies to expand and facilitate the use of existing Federal programs and resources in support of military spouse employment. Requires the Secretary to: (1) seek to develop partnerships with private firms to enhance military spouse employment opportunities; and (2) work with the U.S. Chamber of Commerce and other appropriate entities to facilitate the formation of such partnerships. Directs the Secretary to examine ways to incorporate hiring preferences for qualified military spouses into contracts between DOD and private-sector entities.
(Sec. 562) Authorizes the Secretary to conduct surveys of military dependents and survivors of military retirees to determine the effectiveness of Federal programs relating to military families and the need for new programs.
(Sec. 563) Defines the situation under which classified information concerning persons in a missing military status shall be considered to have been made reasonably available to their immediate family.
(Sec. 564) Authorizes the Secretary to provide transportation to annual meetings of next-of-kin of persons unaccounted for from conflicts after World War II.
(Sec. 565) Amends the National Defense Authorization Act for Fiscal Year 2000 to revise appointment requirements with respect to the Defense Task Force on Domestic Violence.
Subtitle H: Military Justice and Legal Matters - Amends the Uniform Code of Military Justice (UCMJ) to require that, for cases involving capital offenses, at least 12 persons sit as members of the court-martial.
(Sec. 572) Provides that, in the case of an accused convicted by a court-martial consisting of a military judge and members, the accused may request and receive sentencing by the military judge rather than the members. Provides an exception.
(Sec. 573) Codifies within the UCMJ existing provisions concerning the requirement for regulations for the delivery to civilian authorities of military personnel accused of parental kidnapping or similar offenses.
(Sec. 574) Authorizes the Secretary concerned to accept voluntary legal assistance services for military personnel.
Subtitle I: Other Matters - Authorizes the Secretary concerned to pay for the shipment of privately owned vehicles for personnel making permanent change of station moves within the United States when such Secretary determines that such transport is advantageous and cost-effective to the United States.
(Sec. 582) Authorizes advance payment of motor vehicle storage costs for members undergoing a change of permanent station or extended deployment.
(Sec. 583) Extends permanently (currently terminates at the end of FY 2001) the authority to use military recruiting funds for small meals and refreshments served during recruiting functions.
(Sec. 584) Requires military recruiters to be provided the same access to directory information concerning post-secondary school students as is provided to the institution itself in order to enroll students.
(Sec. 585) Amends the National Defense Authorization Act for Fiscal Year 1996 to repeal the requirement of a final report from the CG relating to Army end strength allocations.
(Sec. 586) Authorizes and requests the President to posthumously appoint Ella E. Gibson to the grade of captain in the Chaplains Corps of the Army.
(Sec. 587) Ends after FY 2002 the current limitation on the expenditure of funds for the National Guard Challenge program (a civilian youth opportunities program). Revises matching fund requirements under the program. Repeals a provision making certain excess program amounts available for the Junior ROTC program.
(Sec. 588) Authorizes the employing agency to pay both the employee and Government contributions for health care coverage under the Federal Employee Health Benefits Program for certain reservists called to active duty in support of a contingency operation.
(Sec. 589) Directs the Secretary of the Army, between October 1, 2003, and December 31, 2007, to carry out a pilot program for increasing participation of prior service personnel in the Selected Reserve and providing assistance in building the pool of participants in the Individual Ready Reserve. Limits to 10,000 the number of new enlistments authorized under the program. Requires an implementation and program results report from such Secretary to the defense committees.
(Sec. 590) Earmarks O&M funds as the funding source for per diem allowances made for lengthy or numerous deployments.
Amends the Spence Act to expand report requirements regarding the management of individual member deployments.
(Sec. 591) Amends the National Defense Authorization Act for Fiscal Year 1994 to remove the requirement that the Secretary must notify Congress 90 days in advance of making any changes in the ground combat exclusion policy (excluding women) of the armed forces, but allows implementation of such a change only after 60 days of continuous congressional session.
(Sec. 592) Directs the Secretary to conduct, and report to the defense committees on, a review of the health and disability benefit programs available to recruits and officer candidates engaged in training, education, and other types or programs while not yet on active duty, and to cadets and midshipmen attending the service academies.
(Sec. 593) Directs the Secretary of a military department, upon a showing of financial need, to provide articles of clothing considered appropriate as a civilian uniform to an organization or members of such organization who participate in funeral honors details. Allows such provision only if such Secretary determines that participation of such organization or its members is advantageous to that department's mission performance and meets appropriate standards.
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) Revises provisions concerning the basic allowance for subsistence (BAS) to: (1) provide the prior-year monthly rate basis of such allowance for purposes of applying certain food-cost increases to such amount; and (2) allow 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. 604) Makes all military personnel (currently limited to those in pay grade E-4 or above) eligible for basic allowance for housing while between permanent duty stations.
(Sec. 605) Increases from $200 to $400 the officer active-duty uniform allowance limit while still being eligible for an additional uniform allowance.
(Sec. 606) Authorizes payment of a family separation allowance for members electing to serve an unaccompanied tour of duty because the movement of a dependent is denied due to certified medical reasons.
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. 614) Conforms the dental officer accession bonus termination date with the termination date for the special pay and bonus programs above.
(Sec. 615) Includes as a basis for hazardous duty incentive pay the performance of maritime boarding, search, and seizure operations in support of maritime drug interdiction operations.
(Sec. 616) Makes reserve or National Guard personnel performing inactive-duty eligible for receipt of aviation career incentive pay on an equal basis as a member with corresponding years of aviation service who is entitled to basic pay.
(Sec. 617) 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. 618) Requires reserve personnel other than the Selected Reserve to be qualified in a skill or specialty designated as critically short to meet wartime requirements before being eligible for the Individual Ready Reserve reenlistment or extension bonus.
(Sec. 619) Authorizes members entitled to the 15-year career status bonus to receive the bonus in certain installments (currently, only in a lump-sum).
(Sec. 620) Authorizes the Secretary concerned to pay an accession bonus to a person who executes an agreement to accept an officer commission and serve on active duty for the period specified. Limits such bonus to $100,000.
Subtitle C: Travel and Transportation Allowances - Makes the per diem rate for travel performed upon a change of permanent station and certain other military travel equal to the standard travel allowance for civilian employees and their dependents, unless the Secretaries concerned determine that a higher rate for military personnel is appropriate.
(Sec. 632) Revises provisions concerning the payment or reimbursement of temporary subsistence expenses to: (1) make officers eligible for such payments; and (2) raise the maximum authorized daily rate to $180.
(Sec. 633) Increases, for pay grades E-1 through E-4, the weight allowance for the transportation of baggage and household effects in connection with a change of permanent duty station.
(Sec. 634) Increases to $675 the maximum reimbursement of members for mandatory pet quarantine fees for household pets.
(Sec. 635) Makes the dislocation allowance payable to a member married to another member, both without other dependents, who moves to a new permanent duty station where the other member is assigned to military housing (but allows only one allowance per couple). Eliminates the prohibition on the receipt of such allowance by members ordered to their first duty station. Authorizes the payment of a partial dislocation allowance of $500 for members ordered to move for Government convenience.
(Sec. 639) Authorizes the payment of a transportation allowance for a member posted to a duty station outside the continental United States for the child of such member if such child is an exchange student attending a school outside the United States for less than one year under a program approved by the school inside the United States at which such child is normally enrolled.
Subtitle D: Retirement and Survivor Benefit Matters - Authorizes a member or former member who is entitled to military retired pay and veterans' disability compensation to be paid both concurrently, subject to the enactment of qualifying offsetting legislation.
Subtitle E: Other Matters - Allows a funeral honors duty allowance for retired military personnel performing at least two hours of such duty.
Title VII: Health Care Provisions - Subtitle A: TRICARE Program - Authorizes the Secretary to implement certain cost-effective payment rates under the TRICARE Program (a DOD managed health care program).
(Sec. 702) Amends the Spence Act to authorize the Secretary to waive, for a one-year period and after making certain determinations, the applicability of a nonavailability statement or preauthorization from a military medical treatment facility in order to receive health care from a civilian provider. Requires a report from the Secretary to the defense committees on plans to implement such authority.
(Sec. 703) Amends the TRICARE Program to: (1) terminate the requirement of competitive selection of contractors to financially underwrite the delivery of services; and (2) allow the Secretary to reduce the nine-month grace period for a new contractor to begin to provide managed care support under the program if a shorter period is determined sufficient and the Secretary notifies the defense committees at least 60 days earlier.
(Sec. 704) Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary to establish a sub-acute care benefits program for the same types of health care authorized under CHAMPUS. Requires such program to include a uniform skilled nursing facility benefit and a home health care benefit as provided under title XVIII (Medicare) of the Social Security Act.
Authorizes the Secretary to establish a program to provide extended benefits, including comprehensive health care and case management services, for eligible dependents (dependents of members on active duty for more than 30 days) to assist in the reduction of the disabling effects of a qualifying condition of a dependent (mental retardation, a serious physical disability, or an extraordinary physical or psychological condition). Requires specified copayments.
Directs the Secretary to continue custodial care services under the individual case management program for eligible beneficiaries beyond its delimiting date upon a determination that discontinuation of such services would result in inadequate services and be unjust to the beneficiary. Requires a report from the Secretary on the feasibility and desirability of establishing new initiatives to improve the availability of long-term care for members and retired members and their families.
(Sec. 705) Authorizes the Secretary to reimburse the reasonable travel expenses of a parent, guardian, or family member responsible for a minor covered beneficiary.
Subtitle B: Other Matters - Prohibits the Secretary from taking any action that would require military retirees to receive health care solely through DOD.
(Sec. 712) Directs the Secretary to conduct a pilot program under which the Brooke Army Medical Center and the Wilford Hall Air Force Medical Center may charge civilians who are not CHAMPUS covered beneficiaries fees representing the actual costs of trauma and other medical care provided to such civilians using private sector itemized rates. Limits the program to a three-year period beginning on October 1, 2001. Requires reports from the Secretary to Congress during such period.
(Sec. 713) Allows the Secretary to waive the limitation against the use of DOD funds for human experimental research with respect to a specific research project to advance the development of a medical product necessary to the armed forces if the project is carried out in accordance with all other applicable laws.
(Sec. 714) Repeals an obsolete reporting requirement under a prior defense authorization Act.
(Sec. 715) Amends Federal provisions establishing the Department of Defense Medicare-Eligible Retiree Health Care Fund to: (1) revise and add definitions; and (2) authorize the Secretary to enter into an agreement with any department Secretary for participation by that department in the Fund.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - Revises certain milestone acquisition phases under defense acquisition law and prior defense authorization and appropriations Acts. Requires a person serving in an acquisition position as a contracting officer with authority to award contracts above the simplified acquisition threshold to be either a DOD employee or member of the armed forces. Provides qualification requirements for such members or employees to serve in such positions at the GS-1102 occupational series or similar series. Provides exceptions to such requirements for persons having served in those or similar positions on or before September 30, 2000, or upon certification that an individual possesses significant potential for advancement to levels of greater responsibility and authority based on demonstrated job performance and qualifying experience. Authorizes the Secretary to provide developmental opportunities to qualify for such positions (with minimum educational requirements).
Directs the Secretary to establish qualification requirements for the contingency contracting force consisting of military personnel whose mission is to deploy in support of contingency operations and other operations of DOD.
(Sec. 803) Amends the Clinger-Cohen Act of 1996 to extend until January 1, 2004, a program applying simplified acquisition procedures to certain commercial items.
(Sec. 804) Authorizes the Secretary to enter into contracts to employ individuals or organizations to perform services in countries other than the United States without regard to laws regarding the negotiation, making, and performance of contracts and performance of work in the United States.
(Sec. 805) Codifies provisions known as the "Berry Amendment requirements" which prohibit, with exceptions, the use of DOD funds to procure covered items which are not grown, reprocessed, reused, or produced in the United States.
(Sec. 806) Increases from $300,000 to $600,000 the value of assistance authorized to be furnished by the Secretary on a Statewide basis to carry out a procurement technical assistance program.
(Sec. 807) Directs the Secretary to develop a database to track contract consolidations which consolidate two or more contracts previously awarded by DOD to small businesses. Requires an annual report from the Secretary to specified congressional committees on information contained in the database.
Subtitle B: Erroneous Payments Recovery - Erroneous Payments Recovery Act of 2001 - Directs the head of each executive agency that enters into contracts in excess of $500 million in a fiscal year to carry out a cost-effective program for identifying any errors made in paying contractors and for recovering amounts erroneously paid. Requires the Director of the Office of Management and Budget (OMB) to issue guidelines for conducting such programs, with specified protections and policies. Provides for the disposition of recovered funds. Requires each agency head to consider all available resources to carry out the program, and authorizes each agency head to carry out a program for improving contract payment management processes aimed at reducing payment errors and improving overpayment recovery. Requires the OMB Director to report to specified congressional committees on program implementation. Provides privacy protections.
Title IX: Department of Defense Organization and Management - Directs the Secretary to reduce defense acquisition and support personnel positions so that, by October 1, 2002, such number is at least 13,000 less than on October 1, 2001.
(Sec. 902) Expresses the sense of Congress that the Secretary should consider: (1) the establishment of an Office of Transformation to advise the Secretary on the development of successful military force transformation strategies to fight new forms of military threats; and (2) appropriate funding for such efforts.
(Sec. 903) Requires the Secretary and the Director of Central Intelligence to submit to the defense, appropriations, and intelligence committees a revised report assessing alternatives for the establishment of a national collaborative information analysis capability.
(Sec. 904) Repeals a required triennial report from the Chairman of the Joint Chiefs of Staff regarding roles and missions of the armed forces, instead requiring such information within each Defense Quadrennial Review.
(Sec. 905) Amends the Spence Act to repeal the requirement for semiannual reports through March 2003 on activities of the Joint Requirements Oversight Council.
(Sec. 906) Changes references to "Military Airlift Command" to "Air Mobility 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) Incorporates into this Act the Classified Annex prepared in connection with this bill and transmitted to the President.
(Sec. 1003) Limits the amount of O&M funds authorized under this Act that may be used for incremental costs of Bosnia and Kosovo peacekeeping operations. Authorizes the President to waive such limitations after a national interest certification and report to Congress.
(Sec. 1004) Increases the monetary limits on the administrative authority of the Navy to settle admiralty claims against or by the United States.
Subtitle B: Naval Vessels - Requires the disposal to foreign nations of combatant naval vessels (currently, naval vessels) to be approved by law. Makes such approval requirement inapplicable to vessels previously loaned or leased to a foreign nation prior to its disposal. Makes the value of disposed vessels inapplicable to annual aggregate transfer value limits.
Subtitle C: Counter-Drug Activities - Amends the Spence Act to extend until April 15, 2002, a report requirement concerning DOD expenditures to support foreign counter-drug activities.
(Sec. 1022) Authorizes the Secretary to transfer to another Federal agency: (1) all Tracker aircraft in the DOD inventory; and (2) the Tethered Aerostat Radar System. Prohibits: (1) any Tracker aircraft not so transferred from being used by DOD for counter-drug purposes after September 30, 2002; and (2) the Radar System from being used after such date for counter-drug detection and monitoring.
(Sec. 1024) Authorizes the Secretary to assign military personnel to assist: (1) the Immigration and Naturalization Service in preventing the entry into the United States of terrorists and drug traffickers; and (2) the U.S. Customs Service in the inspection of cargo, vehicles, and aircraft at U.S. points of entry to prevent the entry of weapons of mass destruction and their components, prohibited narcotics or drugs, or other terrorist or drug trafficking items. Requires: (1) a training program for personnel receiving such assignment; and (2) a civilian law enforcement official from the appropriate Service to accompany any member performing such duties. Authorizes the Attorney General or Secretary of the Treasury to establish an ongoing joint task force when the President certifies it necessary to respond to a threat to national security posed by the entry of terrorists or drug traffickers. Requires the Attorney General or Secretary of the Treasury to notify the governor and local governments of a State in which military personnel are to be so deployed. Terminates such assignment authority at the end of FY 2004.
Subtitle D: Reports - Mandates that whenever the Secretary or any other DOD official is required to submit a report to Congress, the Secretary or official shall provide Congress an electronic copy of the report. Makes an exception for classified reports.
(Sec. 1032) Directs the Secretary to study and report to Congress on the appropriate DOD role in homeland security matters.
(Sec. 1033) Revises the date and information requirements for an annual report from the Secretary to Congress on National Guard and reserve equipment.
Subtitle E: Other Matters - Includes obsolete ordnance material or obsolete combat or shipboard material within items authorized to be gifted by the Secretary of the Navy. Authorizes such Secretary to lend, give, or otherwise transfer to a qualified organization any portion of the hull or superstructure of a vessel stricken from the Naval Vessel Register and designated for scrapping.
(Sec. 1042) Amends the Spence Act to terminate a referendum requirement regarding the continuation of military training on the island of Vieques, Puerto Rico. Imposes additional conditions on the closure of the Vieques Naval Training Range and the discontinuance of live-fire training, including the availability of alternate training facilities.
(Sec. 1043) Amends the National Defense Authorization Act for Fiscal Year 1998 to repeal the limitation on reductions in Peacekeeper ICBM missiles.
(Sec. 1044) Authorizes the Secretary of the Air Force to convey to the National Aviation Museum and Foundation of Oklahoma all U.S. rights and interest to one surplus F-4 aircraft that is flyable or can be readily restored to flyable condition. Disallows the use of such aircraft for any combat purposes.
(Sec. 1045) 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. 1046) Makes technical and clerical amendments and amendments to repeal obsolete provisions.
(Sec. 1047) Makes a requirement to use competitive procedures in the leasing of certain non-excess DOD property inapplicable to a renewal or extension of a lease by the Secretary of the Navy with a selected institution for the operation of a ship within the University National Oceanographic Laboratory System, with conditions.
(Sec. 1048) Expresses the sense of Congress that the United States should continue to honor its commitment to the U.S. aviators who lost their lives flying for France during World War I by appropriating sufficient funds to restore the Lafayette Escadrille Memorial in Marnes La-Coguette, France.
(Sec. 1049) Amends the Federal Fire Prevention and Control Act of 1974 to designate the program of firefighter assistance under such Act as the Floyd D. Spence Memorial Domestic Defenders Initiative. Recognizes such program as an effective device in ongoing efforts to address the needs of America's fire service. Expresses the sense of Congress that the program should be reauthorized for FY 2003 and subsequent fiscal years at a higher level of funding.
(Sec. 1050) Expresses the sense of Congress that the Secretary should work to implement in DOD fuel efficiency reforms meeting specified criteria.
(Sec. 1051) Requires the Secretary to submit to Congress a plan for securing Russia's nuclear weapons, material, and expertise.
(Sec. 1052) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to extend through 2003 the Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction, and their required reports.
(Sec. 1053) Directs the Secretary, in any case in which vessels built under the National Defense Features program fail to obtain employment due to restrictive trade practices, to certify the case to the Federal Maritime Commission for action to counteract such practices.
(Sec. 1054) Amends the Spence Act to extend report and termination dates with respect to the Commission on the Future of the United States Aerospace Industry.
(Sec. 1055) Authorizes the Secretary to accept monetary contributions for the repair and reconstruction of the Pentagon Reservation following the terrorist attack of September 11, 2001.
Title XI: Civilian Personnel - Empowers the Secretary to authorize the Director of the National Imagery and Mapping Agency (NIMA) to establish an undergraduate training program under which civilian NIMA employees may be assigned as students for training in skills critical to the NIMA mission. Outlines employee requirements, including continuing to serve in NIMA for a specified period following such training. Requires the Secretary to disclose to the training institution that NIMA employs the student and is funding the training. Requires the availability of appropriated funds for such payments.
(Sec. 1102) Authorizes the Secretary to establish a pilot program to facilitate the reemployment of eligible DOD employees who are involuntarily separated due to a reduction in force, relocation due to a transfer of function, realignment, or change of duty station. Authorizes the Secretary to enter into an agreement with a non-federal employer to employ the individual for at least 12 months in return for payment to the employer of a retraining incentive. Prohibits any such incentive from being paid for training commenced after September 30, 2005.
(Sec. 1103) Allows a Federal agency to use available funds to pay expenses incurred by employees of such agency in obtaining professional credentials, including examinations. Provides an exception.
(Sec. 1104) Removes the requirement that: (1) a civilian DOD or Coast Guard employee must have been so employed for five years in order to elect to be covered under the Civil Service Retirement System or the Federal Employees' Retirement System; and (2) the granting of civil service compensatory time be based on the amount of irregular or occasional work performed.
(Sec. 1106) Adds to the laws and codified provisions to which a State or local government employee on detail to a Federal agency shall be considered an employee of such agency for purposes of that law or provision.
(Sec. 1107) Allows a Federal employee to be paid premium pay only to the extent that his or her aggregate pay in a calendar year would not exceed the maximum rate payable for GS-15, with exceptions.
(Sec. 1108) Requires the Office of Personnel Management, in making determinations for the prevailing wage rate, to include rate differentials for any hardship or hazard relating to asbestos, and to use common occupational and health standards promulgated under the Occupational Safety and Health Act of 1970.
(Sec. 1109) Empowers DOD civilian employees outside the United States to act as notaries.
(Sec. 1110) Restores provisions concerning actions to be taken by a lead agency after determining an insufficient number of comparable positions in private industry to establish wage schedules and rates for such position to those in effect prior to an amendment made under the Department of Defense Authorization Act, 1986.
Title XII: Matters Relating to Foreign Nations - 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 interest.
(Sec. 1202) Amends the Multinational Force and Observers Participation Resolution to authorize the United States to use contractors to provide logistical support to the Force and Observers in lieu of providing such support through a unit comprised of U.S. military personnel. Allows such support to be provide without reimbursement to the contractor whenever the President determines that such action enhances or supports U.S. national security interests.
(Sec. 1203) Amends the National Defense Authorization Act for Fiscal Year 2000 to include in a required report an additional report on sales and transfers of military hardware, expertise, and technology from states of the former Soviet Union to the People's Republic of China.
(Sec. 1204) Prohibits FY 2002 DOD funds from being obligated or expended for any activity associated with the Joint Data Exchange Center in Moscow, Russia, until the United States and Russia enter into cost-sharing and Russian tax exemption agreements, and the Secretary submits such agreements to the defense committees 30 days in advance.
(Sec. 1205) 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. Revises reporting requirements.
(Sec. 1206) Amends the National Defense Authorization Act for Fiscal Year 2000 to repeal a report requirement on military deployments to Haiti.
(Sec. 1207) Directs the CG to study the provision of defense articles, services, and military education and training to foreign countries and international organizations. Requires an interim and final report to Congress on study results.
(Sec. 1208) Prohibits DOD funds from being used to support or maintain more than 500 members of the armed forces on duty in the Republic of Columbia at any time. Provides exceptions.
(Sec. 1209) Amends the Chemical Weapons Convention Implementation Act of 1998 to authorize the United States National Authority to designate employees of a Federal contractor to accompany members in the inspection of Government-owned facilities under the Chemical Weapons Convention.
Title XIII: 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 than the specified programs until 30 days after the Secretary reports to Congress on such purposes. Provides limited authority to vary allocated amounts, after congressional notification.
(Sec. 1303) Prohibits the obligation or expenditure of FY 2002 CTR funds until the submission of a CTR report and related multiyear plan required under the Spence Act.
(Sec. 1304) Requires the Secretary to report to Congress on the use of revenue generated by activities carried out under CTR programs.
(Sec. 1305) Prohibits the use of FY 2002 CTR funds for: (1) the design, planning, or construction of a second wing of a Russian fissile material storage facility; or (2) the construction or refurbishment of a fossil fuel energy plant intended to provide power to local communities that currently receive power from plutonium-producing nuclear energy plants.
(Sec. 1307) Amends the Spence Act to revise generally report requirements on activities and assistance under CTR programs.
(Sec. 1308) Requires the Secretary to report to Congress on the responsibility for carrying out CTR programs.
(Sec. 1309) 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.
Title XIV: Defense Space Reorganization - Defense Space Reorganization Act of 2001 - Authorizes the President to establish in DOD 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. Terminates such authority after December 31, 2003. Requires the President: (1) to notify Congress after establishing such position; or (2) if he declines to establish such position, to report on how he has implemented the recommendations of the report of the Space Commission.
Increases from nine to 11 the authorized number of Assistant Secretaries of Defense. Allows up to three of such Assistant Secretaries to perform duties assigned by the Under Secretary.
Requires the President to report to Congress on the proposed organization of the office of the Under Secretary.
(Sec. 1403) Authorizes 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.
(Sec. 1404) Authorizes the Secretary of Defense to create a major force program category for space programs for purposes of the future-years defense program.
(Sec. 1405) Directs the CG to carry out an assessment of the implementation of recommendations of the Space Commission applicable to DOD. Requires two annual reports.
(Sec. 1406) Allows the Secretary to require that the officer serving as commander of the Air Force Space Command not serve simultaneously as commander of either the U.S. Space Command or the U.S. element of the North American Air Defense Command.
(Sec. 1407) Authorizes the Secretary of the Air Force to establish and implement policies and procedures to develop a cadre of technically competent officers to develop space doctrine, concepts of space operations, and management of space systems for the Air Force.
Title XV: Activities To Combat Terrorism - Subtitle A: Increased Funding To Combat Terrorism - Increases by $400 million the defense-wide O&M funds authorized by this Act, to be used for intelligence programs, anti-terrorism initiatives, counter-terrorism initiatives, and consequence management activities. Provides offsetting reductions.
Subtitle B: Policy Matters Relating To Combating Terrorism - Directs the Secretary to: (1) assess DOD's ability to provide support for the consequence management activities of other Federal, State, and local agencies, directly taking into account the terrorist attacks of September 11, 2001, and the changed situation regarding terrorism; and (2) recommend to the President and Congress ways to enhance DOD's ability to provide such support.
(Sec. 1512) Requires the Secretary to report to Congress on DOD's ability to protect the United States from airborne threats, including those originating from within U.S. borders.
(Sec. 1513) Amends the National Security Act of 1947 to include combating terrorism as a national security mission.
(Sec. 1514) Requires the Secretary to seek an agreement with the Directors of the Federal Bureau of Investigation and the Federal Emergency Management Agency that clarifies the roles of Department of Defense Weapons of Mass Destruction Civil Support Teams with respect to coordination of roles and missions in support of crisis management and consequence management efforts.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2002 - 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 2001 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 2001 to increase the amounts authorized for construction projects at Fort Leonard Wood, Missouri, Fort Drum, New York, and Fort Hood, Texas.
Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
(Sec. 2205) Amends the Military Construction Authorization Act for Fiscal Year 2000 to increase the amount authorized for a construction project at Camp H.M. Smith, Hawaii.
Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI.
(Sec. 2305) Amends the Military Construction Authorization Act for Fiscal Year 2001 to increase the amount authorized for a construction project at McGuire Air Force Base, New Jersey.
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 the Secretary to carry out certain energy conservation projects. Authorizes appropriations to DOD for fiscal years after 2001 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title.
(Sec. 2404) Amends various prior military construction authorization Acts to increase the amounts authorized for construction projects at: (1) the Marine Corps Base, Camp Pendleton, California; (2) the Naval Air Station, Whidbey Island, Washington, and the Blue Grass Army Depot, Kentucky; (3) Aberdeen Proving Ground, Maryland; and (4) Pine Bluff Arsenal, Arkansas.
(Sec. 2408) Prohibits defense-wide military construction funds appropriated under the Emergency Supplemental Act, 2000 from being used by the Secretary to develop any forward operating location on Aruba for U.S. Southern Command counter-drug detection and monitoring flights.
Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2001 for such Program.
Title XXVI: Guard and Reserve Facilities - Authorizes appropriations for fiscal years after 2001 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, 2004, or the date of enactment of an Act authorizing funds for military construction for FY 2005, 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 - Increases from $500,000 to $750,000 the minor real property transaction threshold before certain congressional notification and reporting is required from the Secretary concerned.
(Sec. 2802) Makes certain military family housing project cost increase limits inapplicable to costs associated with the remediation of an unforeseen environmental hazard in connection with such a project.
(Sec. 2803) Repeals: (1) an annual reporting requirement on military construction and family housing activities; and (2) a provision which terminates on December 31, 2004, certain alternative authority to acquire or improve military family housing.
Subtitle B: Real Property and Facilities Administration - Makes an exception to the requirement that all hunting, fishing, and trapping at a military installation be in accordance with the fish and game laws of the State or territory in which the installation is located. Allows such activities if the Secretary determines that application of the State or territorial laws could result in undesirable consequences for public safety or adverse effects on morale, welfare, or recreation activities at such installation.
(Sec. 2812) Amends the Military Construction Appropriations Act, 2001 with regard to a base efficiency project at Brooks Air Force Base, Texas, to direct the Secretary of the Air Force to indemnify the city of San Antonio, Texas, and any transferees from any liability or cost arising out of a claim for personal injury or property damage that results from the release of any hazardous substance, pollutant, or contaminant as a result of DOD activities at the Base.
(Sec. 2813) Authorizes the Secretary of a military department to make a building located on that department's military installation or reserve facility available for use as a polling place in any Federal, State, or local election for public office. Requires such Secretary to continue to make such building available for subsequent elections unless advance notice is provided to Congress.
Subtitle C: Defense Base Closure and Realignment - Amends the Defense Authorization Amendments and Base Closure and Realignment to authorize the Secretary to transfer real property at an installation approved for closure or realignment to the redevelopment authority for that installation if the redevelopment authority agrees to lease one or more portions of the property to the Secretary or the head of another Federal department or agency. Makes such leases for 50-year periods, with authorized renewals, and prohibits rental payments by the United States. Amends the above law and the Defense Base Closure and Realignment Act of 1990 to allow the department or agency concerned, if the lease involves a substantial portion of the installation, to obtain from the redevelopment authority facility services (except for municipal services and firefighting and security guard functions) and common area maintenance.
Subtitle D: Land Conveyances - Part I: Army Conveyances - Amends the Military Construction Authorization Act for Fiscal Year: (1) 2000 with respect to an authorized land exchange at the Rock Island Arsenal, Illinois, to authorize the Secretary of the Army to convey to the city of Moline, Illinois, an additional portion of the Arsenal in return for the City's construction of a new Arsenal access ramp; and (2) 1998 to allow certain exchanges of land at Fort Dix, New Jersey, as long as the property continues to be used for economic development or educational purposes.
(Sec. 2833) Authorizes the Secretary of the Army to enter into a lease with the city of Honolulu, Hawaii, to make a portion of Fort DeRussy, Hawaii, available for construction of a parking facility.
(Sec. 2834) Authorizes the Secretary of the Army to convey to: (1) the Nisqually Tribe, Washington, a portion of Fort Lewis, Washington, in exchange for adjacent property; and (2) the Port of Anchorage, Alaska, the Whittier-Anchorage Pipeline Tank Farm, for economic development.
Part II: Navy Conveyances - Authorizes the Secretary of the Navy to transfer to: (1) the Secretary of the Interior jurisdiction over the Centerville Beach Naval Station, California, for open space or other public purposes; and (2) the Toledo-Lucas County Port Authority, Ohio, the Naval Weapons Industrial Reserve Plant in Toledo, for economic development, redevelopment, or retention purposes.
(Sec. 2843) Modifies generally land conveyances concerning the Naval Computer and Telecommunications Station, Cutler, Maine, and the former U.S. Marine Corps Air Station, Eagle Mountain Lake, Texas.
(Sec. 2845) Authorizes the Secretary of the Navy to transfer to the Secretary of the Interior jurisdiction over the Schoodic Point property within the Acadia National Park, Maine. Authorizes the Secretary to convey to the State of Maine the former facilities of the Naval Security Group Activity, Winter Harbor, Maine. Directs the Secretary of the Navy to transfer to the Secretary of the Interior any personal property associated with the Schoodic Point property. Requires the Secretary of the Navy to maintain the Schoodic Point property pending conveyance, allowing the use of an interim lease. Authorizes the Secretary of the Navy to require each recipient of the Winter Harbor property to reimburse the Secretary for environmental and other assessment costs.
Part III: Air Force Conveyances - Authorizes the Secretary of the Air Force to convey water rights for specified Air Force properties on Guam in conjunction with the conveyance of the water supply system for Anderson Air Force Base.
(Sec. 2852) Directs the Secretary of the Air Force to reexamine a pending land conveyance concerning the Lowry Air Force Base, Colorado, in light of changed circumstances regarding the property.
(Sec. 2853) Authorizes the Secretary of the Air Force to convey to Florida State University all rights and interest to the Defense Fuel Support Point in Lynn Haven, Florida, for the establishment of a National Coastal Research Center.
Subtitle E: Other Matters - Directs the Secretary of the Interior to transfer to the Secretary of the Air Force a parcel of real property in Park City, Utah, for development of an armed forces recreation facility. Allows the Secretary of the Air Force to lease the transferred property to another party to perform such development.
(Sec. 2862) Directs the Secretary to offer to the Air Force Memorial Foundation an option to use up to three acres of the Arlington Naval Annex for construction of the Air Force Memorial. Requires offer acceptance or rejection within 90 days. Outlines construction requirements and deadlines. Authorizes the Secretary of the Army to enter into a cooperative agreement with the Foundation for management of the Memorial after construction, as well as public access.
Directs the Secretary of the Interior to transfer to the Secretary of the Army administrative jurisdiction over: (1) an area known as the Arlington Ridge tract, to be incorporated into the Arlington National Cemetery; and (2) a portion of an area designated as section 29, for the development of in-ground burial sites and columbarium for the Cemetery.
Amends the Military Construction Authorization Act for Fiscal Year 2000 to remove the Arlington Naval Annex as a possible site for the National Military Museum.
(Sec. 2863) Amends the Omnibus Parks and Public Lands Management Act of 1996 to direct the Presidio Trust to make specified housing units within the Presidio (San Francisco, California) available for lease to military personnel designated by the Secretary of the Army. Makes the monthly lease amount equal to the monthly basic housing allowance of the occupants. States that the Trust shall have no obligation to make such housing available after a four-year period unless the Secretary of the Treasury purchases additional Trust obligations. Extends the original four-year period for two years if no additional obligations are purchased.
(Sec. 2864) Amends the Military Construction Authorization Act for Fiscal Year 1999 to make any restrictive State law enacted after January 1, 2001, inapplicable to the construction of roads or highways at the Marine Corps Base at Camp Pendleton, California.
(Sec. 2865) Amends the Military Construction Authorization Act for Fiscal Year 2001 to authorize the establishment of a World War II memorial at an additional location on Guam.
(Sec. 2866) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 2003 a demonstration project for the purchase by DOD assets in the Monterey County, California, area of security, public works, and utility services from local government agencies.
(Sec. 2867) Directs the Administrator of General Services to convey to the Inland Valley Development Agency, California, two avigation easements held by the United States.
(Sec. 2868) Requires the Secretary of the Army to report to Congress various options to promote economic development in the Village of Highland Falls, New York, which is located adjacent to the U.S. Military Academy.
Title XXIX: Fort Irwin Military Land Withdrawal - Fort Irwin Military Land Withdrawal Act of 2001 - Withdraws specified lands in San Bernardino County, California, from all forms of appropriation under the general land laws. Transfers administrative jurisdiction over such lands to the Secretary of the Army. Reserves such lands for military training, equipment testing, and other defense-related activities at the National Training Center.
(Sec. 2903) Requires the Secretary of the Interior to publish and file a map and legal description of the withdrawn lands.
(Sec. 2904) Directs the Secretary of the Army to manage the withdrawn lands. Temporarily prohibits military uses that would cause ground disturbance until a specified congressional certification is made. Authorizes the Secretary of the Army to enforce access restrictions consistent with military purposes. Directs such Secretary to prepare and implement an integrated natural resources management plan for the withdrawn lands, and allows such Secretary to enter into a contract for firefighting services. Requires such Secretary, in implementing any plan, report, assessment, or impact statement concerning such lands, to consult with the Administrator of the National Aeronautics and Space Administration whenever proposed Army actions have the potential to affect operations or environmental management of the Goldstone Deep Space Communications Complex.
(Sec. 2906) Authorizes the Secretaries of the Army and the Interior to carry out agreements to carry out environmental compliance and response responsibilities on the withdrawn lands.
(Sec. 2907) Requires the Secretary of the Interior to make every effort to complete the West Mojave Coordinated Management Plan within two years after the enactment of this Act.
(Sec. 2908) Releases the withdrawn lands from consideration as wilderness study areas.
(Sec. 2909) Requires all ground training activities on the withdrawn lands to remain at least 500 meters from any existing utility system.
(Sec. 2910) Terminates the withdrawal and reservation 25 years after enactment of this Act.
(Sec. 2911) Directs the Secretary of the Army to notify Congress and the Secretary of the Interior, at least three years prior to withdrawal termination, as to whether the Army will have a continuing need for such lands. Provides a process for the extension of the withdrawal and reservation. Requires the Secretary of the Army, if no extension is needed, to submit to the Secretary of the Interior, during the first 22 years of the withdrawal, a notice of the intent to relinquish jurisdiction over such lands.
(Sec. 2913) Provides for delegation of the authorities of the Secretaries under this title.
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 2002 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; (4) defense nuclear counterintelligence; (5) defense environmental restoration and waste management; (6) other defense activities; (7) defense environmental management privatization activities; and (8) defense nuclear waste disposal.
(Sec. 3106) Increases by $10 million the amount provided under this Title for the National Nuclear Security Administration, to be available for O&M for nonproliferation and verification research and development.
Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 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 notification to the defense committees of any such transfers.
(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 request 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. 3129) Directs the Secretary, during FY 2002, 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.
(Sec. 3130) Directs the Secretary, during FY 2002, to empower the head of each national security laboratory and nuclear weapons production facility with the authority to transfer weapons activities funds from a program or project under the jurisdiction of such laboratory or facility to another program or project if the transfer will result in cost savings and efficiencies. Limits such transfer to the lesser of $5 million or ten percent of the total weapons activities funds available to that laboratory or facility in that fiscal year. Directs the Secretary to notify Congress within 30 days after any such transfer.
Subtitle C: Program Authorizations, Restrictions, and Limitations - Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to provide a revised, conditional termination date for the Office of River Protection at the Hanford Reservation, Richland, Washington. Requires specified congressional committees to be notified of the actual termination date.
(Sec. 3132) Amends the National Nuclear Security Administration Act to establish within the National Nuclear Security Administration the position of Principal Deputy Administrator, to perform duties assigned by the Administrator for Nuclear Security. Eliminates the requirement that national security laboratories and nuclear weapons production facilities report to the Deputy Administrator for Defense Programs.
(Sec. 3133) Requires the Administrator, by July 1, 2002, to consolidate the Nuclear Cities Initiative program with the Initiatives for Proliferation Prevention program under a single management line.
(Sec. 3134) Directs the Secretary to consult with the Governor of South Carolina prior to the disposition of surplus defense plutonium at the Savannah River Site, South Carolina. Requires the Secretary to submit to Congress a plan for such disposition, and for disposal of plutonium and plutonium materials to be shipped to such Site in the future. Provides that, if the Secretary determines that proceeding with construction of the Plutonium Immobilization Plant at the Site is not feasible, the Secretary shall include an alternative immobilization capability at the Site. Prohibits the Secretary from shipping plutonium or related materials to the Site on or after February 1, 2002, unless the above plan is submitted.
(Sec. 3135) Authorizes the Secretary to use DOE-authorized funds for support of public education in the vicinity of Los Alamos National Laboratory, New Mexico. Authorizes such support during FY 2003, subject to the availability of appropriations. Requires a report from the Secretary to the defense and appropriations committees concerning the need for continued payments beyond FY 2003.
Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 2002 for the Defense Nuclear Facilities Safety Board.
Title XXXIII: National Defense Stockpile - Authorizes the National Defense Stockpile (NDS) Manager, during FY 2002, to obligate up to $62.5 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. 3303) Authorizes the President to dispose of specified obsolete or excess materials in the NDS. Requires the President to consult with the Market Impact Committee concerning such disposal.
(Sec. 3304) Amends the National Defense Authorization Act for Fiscal Year 1998 to require the President to dispose of a specified amount of cobalt in the NDS during the two-year period ending September 30, 2003. (Currently, such disposition is required only during FY 1993.) Limits to 700,000 pounds the total amount of cobalt that may be disposed during FY 2002.
Title XXXIV: Naval Petroleum Reserves - Authorizes appropriations to the Secretary for FY 2002 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration - Authorizes appropriations for FY 2002 for the Department of Transportation for the Maritime Administration.
(Sec. 3502) Amends the Merchant Marine Act, 1936 to include in the definition of "war risks," for purposes of war risk insurance coverage under such Act, the confiscation, expropriation, nationalization, or deprivation of a vessel.
(Sec. 3503) Amends the above Act relating to Federal ship mortgage insurance to establish in the Treasury a deposit fund in which the Secretary of Transportation may deposit into and hold cash belonging to an obligor to serve as collateral for a ship mortgage guarantee. Requires an agreement between the Secretary and the obligor over the deposit, use, and investment of such cash. Grants a security interest to the United States in all amounts so deposited. Prohibits cash withdrawals without consent of the Secretary. Allows the Secretary to retain such cash against obligor default.