S.1438 - National Defense Authorization Act for Fiscal Year 2002107th Congress (2001-2002)
|Sponsor:||Sen. Levin, Carl [D-MI] (Introduced 09/19/2001)|
|Committee Reports:||H. Rept. 107-333 (Conference Report)|
|Latest Action:||12/28/2001 Became Public Law No: 107-107. (TXT | PDF)|
|Major Recorded Votes:||12/13/2001 : Resolving Differences; 12/13/2001 : Resolving Differences; 10/02/2001 : Passed Senate|
|Notes:||H.R. 2586 was the House-passed version of the FY 2002 defense authorization bill. S. 1155 was introduced by request, based on the President's budget request. S. 1416 was the version of the defense authorization bill from the Senate Armed Services Committee and S. 1438 was a later similar version. S. 1417, S. 1418, and S. 1419 each contained a portion of S. 1438 as amended. The House inserted H.R. 2586 in S. 1438 prior to S. 1438 passage. Differences between the House and Senate versions of S. 1438 were resolved in conference.|
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Summary: S.1438 — 107th Congress (2001-2002)All Bill 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.
Conference report filed in House (12/12/2001)
(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.
Subtitle B: Army Programs - Amends the National Defense Authorization Act for Fiscal Year 1985 to repeal certain limitations concerning the bunker defeat munitions acquisition program.
(Sec. 112) 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. Limits the program to one facility.
(Sec. 113) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to authorize the Secretary of Defense (Secretary) to waive interim armored vehicles comparative evaluations currently required of the Secretary of the Army upon the submission of a certification to the defense and appropriations committees that testing of the costs and operational effectiveness of such vehicles have been successfully completed. Requires the Secretary of the Army to: (1) develop and provide resources for an experimental program; and (2) conduct an operational evaluation of the initial interim combat brigade team (for which such vehicles are being developed). Limits vehicle procurements until the Secretary has met certain congressional reporting and certification requirements.
Subtitle C: Navy Programs - Amends the 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. Requires a certification, followed by a 30-day waiting period, prior to any such procurement.
(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 certifies Congress with respect to the successful operational testing.
(Sec. 124) Requires the Secretary to report to Congress on the status of the V-22 before the resumption of flight testing, and to notify Congress on the waiver, if any, of any item capability or other requirement specified in the joint operational requirements document for such aircraft.
Subtitle D: Air Force Programs - Authorizes the Secretary of the Air Force, after certain congressional certification and beginning with the 2002 program year, to enter into a new multiyear procurement contract to procure up to 60 additional C-17 aircraft.
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) Authorizes supplemental appropriations of $1 million for FY 2001 defense-wide RDT&E.
Subtitle B: Program Requirements, Restrictions, and Limitations - Directs the Secretary to: (1) assess the requirements for naval surface fire support of ground forces operating in the littoral environment, including the role of an advanced fire support missile system for Navy combatant vessels; and (2) report results to the defense and appropriations committees.
(Sec. 212) 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.
(Sec. 213) Amends prior defense authorization Acts to repeal limitations on total costs of engineering and manufacturing development under the F-22 aircraft program.
(Sec. 214) Amends the Spence Act to prohibit funds appropriated to DOD during FY 2002 from being obligated for the procurement of an anthrax vaccine until certain submissions from the Secretary to the defense and appropriations committees. (Currently, only funds authorized to be appropriated by the Spence Act are prohibited from being so used.)
(Sec. 215) Earmarks specified RDT&E funds for the cooperative DOD/Department of Veterans Affairs medical research program.
(Sec. 216) 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 at least on C-5A aircraft.
Subtitle C: Ballistic Missile Defense - Directs the Secretary to establish criteria for the transfer of responsibility for a ballistic missile defense program from the Director of the Ballistic Missile Defense Organization (BMDO) to the Secretary of a military department. Requires the Secretary to notify the defense and appropriations committees of any such transfer.
(Sec. 232) Revises program element requirements for ballistic missile defense programs. Requires the Secretary to: (1) ensure that each such program that enters engineering and manufacturing development is assigned a separate, dedicated program element; (2) annually establish cost, schedule, testing, and performance goals for such programs for the period covered by the annual future-years defense program submitted to Congress; and (3) submit to the defense and appropriations committees an annual plan for programs that enter engineering and manufacturing development. Requires internal DOD review of program goals. Requires the: (1) BMDO Director to develop a plan for the successful demonstration of program critical technologies; (2) Comptroller General (CG), in each of FY 2002 and 2003, to assess the extent to which the BMDO achieves its goals (requiring a report to the defense and appropriations committees); and (3) Director of Operational Test and Evaluation to annually assess the adequacy and sufficiency of the BMDO test program.
(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. 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 municipal or community services resulting from such construction.
Subtitle D: 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 a policy directive 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 war fighting systems and future nonspace war fighting systems. Directs such Secretary to: (1) reinstate and implement a revised Air Force science and technology development planning process, and report to Congress on the implementation of such 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.
Subtitle E: Other Matters - Requires the commander of the United States Joint Forces Command to establish a capability to evaluate and ensure joint interoperability of unmanned aerial vehicle systems.
(Sec. 262) 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. 263) 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.
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) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified military O&M accounts for FY 2002.
(Sec. 305) Earmarks authorized O&M funds for: (1) the relocation and renovation of the North Chicago Department of Veterans Affairs Medical Center; and (2) the Defense Language Institute Foreign Language Center for an expanded Arabic language program.
Subtitle B: Environmental Provisions - Directs the Secretary to develop and maintain an inventory of defense sites that are known or suspected to contain unexploded ordnance, abandoned military munitions, or munitions constituents. Requires such sites to be assigned a relative priority for response. Requires the inventory and priority lists to be updated annually. Excludes from such inventory: (1) any location outside the United States; (2) military munitions resulting from combat operations; (3) operating storage and manufacturing facilities; and (4) operational ranges.
(Sec. 312) Requires the Secretary to establish within each DOD environmental restoration account a program element for the remediation of unexploded ordnance, discarded military munitions, and munitions constituents.
(Sec. 313) 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, discarded munitions, and munitions constituents at current and former DOD facilities, including an estimate of the aggregate projected costs to remediate such materials.
(Sec. 314) 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. 315) Repeals the requirement of an annual report from the Secretary to Congress on payments made to contractors for environmental response costs.
(Sec. 316) 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. Requires a program report from the Secretary to specified congressional committees.
(Sec. 317) Expresses the sense of Congress that the Secretary should work to implement in DOD fuel efficiency reforms meeting specified criteria. 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 progress reports through 2010 from the Secretary to the defense and appropriations committees.
(Sec. 318) Directs the Secretary to coordinate with the Administrator of General Services to ensure that only hybrid vehicles are procured by the Administrator for the DOD fleet of light duty trucks that are not in a fleet to which the Energy Policy Act of 1992 applies. Authorizes the Secretary to waive such requirement in special cases. Requires the Secretary, for FY 2005 and thereafter, to procure hybrid vehicles or alternative fueled vehicles for such fleet in excess of the purchase requirements outlined in the Energy Policy Act. Requires a report from the Secretary to Congress.
(Sec. 319) 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. 320) 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.
Subtitle C: Commissaries and Nonappropriated Fund Instrumentalities - Directs the Secretary of the military department concerned to authorize the 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. 332) Directs the Secretary 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. 333) Adds to information authorized to be protected from public disclosure by the Secretary information gathered through sales scanners in a 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.
(Sec. 334) 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 agreement to a one-year period.
(Sec. 335) 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 - 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.
(Sec. 342) Prohibits amounts expended from FY 2002 through 2005 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. 343) 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.
(Sec. 344) Revises the deadline for an annual report on the conversion of DOD commercial and industrial functions.
(Sec. 345) Requires the Secretary of the Army to report annually to Congress on the use of non-Federal entities to provide services to the Army.
(Sec. 346) Requires the Army Workload and Performance System and any System revisions to be developed so that its functionality and identity are in compliance with all statutory requirements. Requires: (1) annual progress reports from the Secretary of the Army to Congress; and (2) annual CG evaluations of such reports.
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. 352) Earmarks specified O&M funds for impact aid for children with severe disabilities, as authorized under the Spence Act.
(Sec. 353) 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. 354) 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.
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. 362) Amends the Spence Act to authorize the Secretary of the Navy to order up to 100,000 additional work stations under the Navy-Marine Corps Intranet contract, subject to approval by the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of DOD. Allows thereafter an additional order of up to 150,000 work stations, subject to the same approval. Requires a report from such Secretary to Congress whenever the authority is used. Requires the CG to review the impact of the Intranet program on information technology costs of working capital funded industrial facilities of the Navy, and submit review results to Congress. Requires such Secretary to assign to the Intranet program a Navy employee whose sole responsibility is to oversee and direct the program.
(Sec. 363) Requires the CG to study and report to the defense committees on the interconnectivity of networks of the National Guard's distributive training technology project with other Federal, State, and local networks, including those involved in emergency preparedness and response.
(Sec. 364) 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. 365) Directs the Secretary to complete the ongoing evaluation of all test programs regarding the transportation of household goods for military personnel, and to report results to Congress.
(Sec. 366) Expresses the sense of Congress that the Secretary should provide essential 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.
(Sec. 403) Increases by one-half percent the authorized daily average number of enlisted members 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 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. Authorizes the President to waive any end strength limitation during any war or national emergency.
(Sec. 422) Exempts from annual active-duty end strength limits all National Guard and reserve personnel on active duty to perform funeral honors functions.
Subtitle D: Authorization of Appropriations - Authorizes appropriations for FY 2002 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Repeals the current limitation on the number of active-duty officers in the grades of admiral and general.
(Sec. 502) 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. 503) Authorizes the Secretary concerned to correct a person's military record in accordance with a recommendation made by a special board. Directs such Secretary to ensure that an involuntary board-separated 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 correction. Outlines actions to be taken if a person does not so consent. Makes final a recommendation of a special board not to correct such records. Allows judicial review of the actions or recommendations of a selection board only if the person has first been considered by a special board, with specified time limits. Allows judicial review of the decision by the Secretary concerned not to convene a special board for such purpose.
(Sec. 504) Reduces the time-in-grade required before eligibility for promotion of first lieutenants and lieutenants (junior grade) from two years to 18 months for officers who achieve such time-in-grade before October 1, 2005.
(Sec. 505) Authorizes the Secretary concerned to promote without prior selection board consideration all fully qualified active-duty or reserve first lieutenants or lieutenants (junior grade) who are on an approved all-fully-qualified-officers list. Requires such list to be treated in the same manner as a promotion list. Outlines procedures with respect to officers found to be not fully qualified for promotion.
(Sec. 506) 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. 507) 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. 508) 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. 509) 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. 510) 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.
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. 512) 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: (1) as an Army Reserve officer is through the Officer Candidate School program; or (2) as a Marine Corps Reserve officer is through the Marine Corps meritorious commissioning program.
(Sec. 513) 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. 514) 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. 515) Provides housing requirements under which reserve members shall be considered to be deployed for purposes of managing deployments of all personnel.
(Sec. 516) Requires a member of the Individual Ready Reserve or inactive National Guard to be physically examined to determine fitness for military duty or promotion, attendance at a school of the armed forces, or other action related to career progression.
(Sec. 517) 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 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 officer must be transferred to the Retired Reserve if he or she is qualified and specifically requests such transfer.) Provides identical requirements with respect to reserve warrant officers and reserve enlisted personnel eligible for discharge or retirement due to years of service or age.
(Sec. 518) 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.
(Sec. 519) 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.
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. Requires, for three years after the enactment of this Act, officers in the joint specialty to be promoted at a rate not less than the rate for officers of the same service branch in the same grade and competitive category.
(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. Requires the entity conducting the study to report study results to Congress.
(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. Authorizes the Secretary to waive, in whole or in part, the requirement for reimbursement for instruction of such students.
(Sec. 534) Increases from 17 to 31 years of age on December 31 of the year of commission 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. 535) Makes members who enlist in a regular (currently, only reserve) component of the armed forces 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) Repeals the current limit on the total number of authorized Junior ROTC units.
(Sec. 538) 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. 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: Recruiting and Accession Programs - 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. 542) 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 the payment of a monthly allowance during the delay period; (3) make the allowance paid equal to the subsistence allowance paid to certain members of the Senior Reserve Officers' Training Corps; (4) allow a member of the Selected Reserve to be paid an allowance only for months during which such 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 for a person who fails to complete the full period of required service.
(Sec. 543) 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. 544) Requires each local educational agency receiving assistance under the Elementary and Secondary Education Act of 1965 to: (1) provide military recruiters the same access to secondary school students as is generally provided to higher educational institutions or prospective employers; and (2) provide access to student names, addresses, and telephone numbers. Allows a student or parent to request not to allow information to be released for such purpose.
(Sec. 545) 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. 546) Directs 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.
Subtitle F: Decorations, Awards, and Posthumous Commissions - Authorizes the President to award the Medal of Honor to: (1) Humbert R. Versace for acts of valor as a prisoner of war during the Vietnam War; (2) Jon E. Swanson for acts of valor as a pilot during the Vietnam War; and (3) Ben L. Salomon for acts of valor as a surgeon during World War II.
(Sec. 552) 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. 553) 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. Authorizes the replacement of stolen military decorations.
(Sec. 554) 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.
(Sec. 555) 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 their service during World War II.
(Sec. 556) Expresses the sense of Congress that the Secretary should consider awarding: (1) the Korea Defense Service Medal for persons who served during the Korean Conflict; (2) the Cold War Service Medal for persons who served satisfactorily on active duty during the Cold War; and (3) the Vietnam Service Medal for members awarded the Armed Forces Expeditionary Medal for participation in Operation Frequent Wind during the evacuation of Vietnam on April 29-30, 1975.
(Sec. 557) 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.
(Sec. 558) Authorizes and requests the President to posthumously appoint Ella E. Gibson to the grade of captain in the Chaplains Corps of the Army.
Subtitle G: Funeral Honors Duty - Authorizes the Secretary concerned to pay a funeral honors duty allowance to members in a retired status who perform such duty for at least two hours.
(Sec. 562) Considers as inactive-duty training funeral honors duty performed by National Guard and reserve personnel not on active duty at the time.
(Sec. 563) Authorizes the use of military leave by members of the Reserve or National Guard for the performance of funeral honors duty.
(Sec. 564) Authorizes the Secretary concerned, upon a showing of financial need, to provide articles of clothing considered suitable as a civilian uniform to an appropriate organization for use by persons participating in a funeral honors detail.
Subtitle H: 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. 572) Authorizes the Secretary to include, in surveys of the effectiveness of Federal programs for military families and the need for new programs, the survey of family members of retired members, as well as the survivors of deceased retired members and of members who died while on active duty.
(Sec. 573) 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. 574) Authorizes the Secretary to provide transportation to annual meetings of next-of-kin of persons unaccounted for from conflicts after World War II.
(Sec. 575) 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 I: Military Justice and Legal Assistance Matters - Amends the Uniform Code of Military Justice (UCMJ) to establish as the applicable standard of blood alcohol content with regard to the operation of a military vehicle, aircraft, or vessel the limit under the law of the State in which the conduct occurred, with a maximum limit of 0.10 grams per 100 milliliters of blood.
(Sec. 582) Amends the UCMJ to require, for cases involving capital offenses committed after December 31, 2002, at least 12 persons to sit a members of the court-martial.
(Sec. 583) 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.
Subtitle J: Other Matters - 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 30 days of continuous congressional session.
(Sec. 592) Earmarks O&M funds as the funding source for per diem allowances made for lengthy or numerous deployments.
(Sec. 594) Authorizes the advance payment of storage costs in lieu of the transportation of privately owned vehicles in connection with a change of permanent duty station.
(Sec. 595) 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. 596) Terminates after FY 2002 the current limitation on the expenditure of funds for the National Guard Challenge program (a civilian youth opportunities program). Requires the Secretary to remain the executive agent for that program and the STARBASE program (a DOD science, mathematics, and technology education improvement program) regardless of its funding source or any transfer of program jurisdiction.
(Sec. 597) Requires the Secretary to report to the defense committees on the legislative and policy changes necessary to implement the recommendation of the Defense Science Board that all officers be given initial regular commissions.
(Sec. 598) Expresses the sense of Congress that the Secretary, when considering officers for the position of Commander, United States Transportation Command, should not rely upon officers of any one service, but instead select the best qualified officer from all the service branches.
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 Selected Reserve to receive compensation for a period of instruction or duty in satisfaction of educational requirements upon the successful completion of a course of instruction using electronic-based distributed learning methodologies to accomplish training requirements related to unit readiness or mobilization.
(Sec. 604) 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. Extends until January 1, 2002, certain BAS transitional authority.
(Sec. 605) 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. 606) Increases from $200 to $400 the officer active-duty uniform allowance limit while still being eligible for an additional uniform allowance.
(Sec. 607) 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. 615) Includes as a basis for hazardous duty incentive pay the performance of maritime visit, boarding, search, and seizure operations in support of maritime drug interdiction operations.
(Sec. 616) 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. 617) Directs 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) Conforms the dental officer accession bonus termination date with the termination date for the special pay and bonus programs above.
(Sec. 619) Authorizes the Secretary 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. 620) Authorizes members entitled to the 15-year career status bonus to receive the bonus in certain installments (currently, only in a lump-sum).
(Sec. 621) Authorizes the Secretary concerned, through December 31, 2002, 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 $60,000.
(Sec. 622) Authorizes the Secretary concerned to purchase U.S. savings bonds for members who: (1) before completing three years of active-duty service, 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 of 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 of such bonds for those in category 1, $15,000 for those in category 2, and $30,000 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. 623) Authorizes the Secretary concerned to allow members who are involuntarily retained on active duty under stop-loss authority (during wartime or national emergency, or for national security reasons) to continue to receive special and incentive pays at unreduced rates.
(Sec. 624) Authorizes the Secretary to provide retroactive payment of imminent danger pay to members who served in specified areas in connection with Operation Enduring Freedom for duty performed between September 19 and October 31, 2001.
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 to $550 the maximum reimbursement of members for mandatory pet quarantine fees for household pets.
(Sec. 634) 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. 635) 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, 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. 636) Authorizes the payment of a partial dislocation allowance of $500 for members ordered to move for Government convenience.
(Sec. 638) Authorizes the payment of travel and transportation allowances incident to eligible relatives attending the burial of a deceased member of the armed forces for an attendant accompanying such a relative when the accompanied person is unable to travel unattended and there is no other eligible relative 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. Authorizes the Secretary to provide round trip travel and transportation allowances for the family of a deceased member who died while classified as a prisoner of war or missing in action during the Vietnam conflict and whose remains are returned to the United States.
(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 no more 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. Prohibits concurrent payment with respect to a retiree with less than 20 years' creditable service. Authorizes the payment of special compensation for retirees with service-connected disabilities rated at 60 percent in FY 2002. Increases the amount of special compensation for retirees with disabilities rated at: (1) 80 percent or higher in FY 2003; and (2) 70 percent or higher in FY 2005.
(Sec. 642) 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.
Subtitle E: Other Matters - 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.
(Sec. 652) Authorizes the Secretary to provide assistance for families of military personnel serving on active duty during FY 2002 in connection with Operation Enduring Freedom, in order to ensure that children of such families obtain needed child care, education, and youth services.
(Sec. 653) Amends the Public Health Service Act and other Federal law to authorize transitional compensation and other 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.
(Sec. 654) 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, are entitled to basic educational assistance under the Montgomery GI Bill, and agree to perform at least four years of additional service to elect to transfer up to 18 months of such educational 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 to the defense and veterans' committees, and requires the Secretary to submit to Congress a plan for implementation of such program. Provides program funding through FY 2002 military personnel funds.
Title VII: Health Care Provisions - Subtitle A: TRICARE Program Improvements - 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.
Directs 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. 702) 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. 703) 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. 704) Authorizes rehabilitative therapy as part of such dependent care.
(Sec. 705) 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.
(Sec. 706) 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 beneficiary's residence.
(Sec. 707) Requires (current law authorizes) amounts paid to another provider of services under TRICARE to be determined by joint regulations among specified 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. 708) Amends the TRICARE Program to: (1) terminate, during the one-year period beginning on the enactment of this Act, 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.
Subtitle B: Senior Health Care - 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. Requires funding for such Fund to be derived from funds available for the health care programs of the participating military departments for members who are entitled to retired pay and are Medicare-eligible, as well as their Medicare-eligible dependents. Authorizes certain Fund transfers for covered costs, including payments to military treatment facilities. Requires the CG to report to the Secretary and Congress on regulations prescribed for determining the amounts to be transferred from the Fund.
Subtitle C: Studies and Reports - Directs the CG to carry out and report to Congress on a study of the: (1) needs of members of the reserves and National Guard and their families for health care benefits; and (2) adequacy and quality of the health care provided to women under CHAMPUS.
(Sec. 723) Repeals an obsolete reporting requirement under a prior defense authorization Act.
(Sec. 724) Requires the CG to report to the defense committees on the advisability, need, and cost effectiveness of providing certain medical and dental services to members of the Selected Reserve scheduled for deployment within 75 days after mobilization.
Subtitle D: Other Matters - Prohibits the Secretary from taking any action that would require military retirees to receive health care solely through DOD.
(Sec. 732) Requires the Secretary to implement procedures under which a military medical treatment facility may charge civilians who are not covered CHAMPUS beneficiaries fees representing the cost of trauma and other medical care provided to such civilians.
(Sec. 733) 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. 734) 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. 735) 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. Precludes the Secretary from waiving such statement or preauthorization in the case of maternity care. Requires an implementation report from the Secretary to the defense committees.
(Sec. 736) 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.
(Sec. 737) Amends the Spence Act to extend through December 31, 2003, the health care management demonstration program.
(Sec. 738) Authorizes the Secretaries of Defense and Veterans Affairs to jointly carry out a pilot program under which graduate medical education and training is provided to military physicians and physician employees of both departments through one or more programs carried out in DOD and Department of Veterans Affairs medical facilities and centers. Requires the program to begin by August 1, 2002, and terminate on July 31, 2007. Requires annual program reports from the Secretaries during the program period.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Procurement Management and Administration - Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) to manage the procurement of goods and services for DOD. Requires the Secretary to establish and implement a management structure for such procurement comparable to the structure that applies to the DOD procurement of products. Delegates such management authority among designated officials within each defense agency. Outlines contracting responsibilities of such 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.
Requires 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 DOD procurement of weapon systems.
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) States 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.
(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 that each individual purchase in excess of $100,000 be made on a competitive basis (with limited exceptions). Outlines requirements for notices to offerors of such products and services, including the work to be performed and the basis on which the selection will be made.
(Sec. 804) Requires the Secretary to report annually from 2003 through 2006 on the implementation of a specified DOD requirement that technology must have been demonstrated in a relevant environment in order to be considered mature enough to use for product development in systems integration.
Subtitle B: 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. 812) Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 2005 the DOD mentor-protege program.
(Sec. 813) 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.
Subtitle C: Amendments to General Contracting Authorities, Procedures, and Related Matters - Replaces references to " engineering and manufacturing development" with "system development and demonstration" as it relates to defense major acquisition phase terminology. Replaces Milestone I, II, and III references with Milestone A, B, and C.
(Sec. 822) 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 project participants for a specific number of units at specific target prices.
(Sec. 823) Amends the Clinger-Cohen Act of 1996 to extend until January 1, 2003, a program applying simplified acquisition procedures to certain commercial items.
(Sec. 824) 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. 825) 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.
Subtitle D: Other Matters - 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. Provides information privacy protections. Requires the OMB Director to report to specified congressional committees on program implementation.
(Sec. 832) 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. Makes such requirements inapplicable to items purchased for resale in DOD commissaries, exchanges, or nonappropriated fund instrumentalities.
(Sec. 833) 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. 834) Directs the Secretary to ensure that insensitive munitions under development or procurement are safe throughout development and fielding when subject to unplanned stimuli. Requires the Secretary to report to Congress during FY 2003 through 2005 on insensitive munitions.
(Sec. 835) Makes a prohibition on the DOD purchase of goods other than U.S. goods inapplicable to small purchases ($2,500 or less, with a maximum of $200,000 per fiscal year) of miniature or instrument ball or roller bearings, under certain circumstances.
(Sec. 836) Authorizes, for funds obligated during FY 2002 and 2003, the use of streamlined procurement procedures by DOD for any procurement of property or services used to defend against terrorism or biological or chemical attack. Increases: (1) the micropurchase threshold for such procurements; and (2) the simplified acquisition threshold for such procurements for contracts awarded in support of a contingency, humanitarian, or peacekeeping operation. Provides commercial item treatment for procurements of biotechnology used for such purposes. Directs the Secretary to recommend to the defense committees additional emergency procurement authority to support operations carried out to combat terrorism.
Title IX: Department of Defense Organization and Management - Subtitle A: Duties and Functions of Department of Defense Officers - 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.
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 Director of the Office of Force Transformation within the Office of the Secretary of Defense should advise the Secretary with respect to force transformation development, strategies, and related matters. Expresses the sense of Congress that the Secretary should consider appropriate funding for such efforts.
(Sec. 903) Prohibits the Secretary of the Navy, during a specified period, from granting final approval for any reorganization in engineering or technical authority policy for the Naval Sea Systems Command or any of its subsidiary activities.
Subtitle B: Space Activities - Directs the Secretary to ensure that space development acquisition programs of DOD are carried out through joint program offices, with participation by officers from all the military departments.
(Sec. 912) Requires the Secretary of the Air Force to establish and implement policies and procedures to develop a space career field for Air Force officers.
(Sec. 913) Requires a report from the Secretary to the defense committees on problems in the management and organization of DOD for space activities identified in the report of the Space Commission.
(Sec. 914) Directs the CG to carry out an assessment of the actions taken by the Secretary in implementing recommendations applicable to DOD in the report of the Space Commission, and requires assessment reports from the CG to the defense committees.
(Sec. 915) Expresses the sense of Congress that the position of Commander of the U.S. Space Command should be filled by the best qualified military officer, rather than by officers from the same military department that has traditionally provided officers for such position.
Subtitle C: Reports - 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. 922) Revises information requirements with respect to an annual report on joint war fighting experimentation.
(Sec. 923) Amends the Spence Act to repeal the requirement for one of the three remaining semiannual reports on activities of the Joint Requirements Oversight Council.
(Sec. 924) 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.
Subtitle D: Other Matters - 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) 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 that would otherwise be applicable under the FY 1998 baseline limitation).
(Sec. 1005) 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. 1006) Establishes a funding ceiling for the National Foreign Intelligence Program which includes amounts originally requested for such Program by the President, plus any amounts authorized for such Program in FY 2002 supplemental appropriations Acts.
(Sec. 1008) Directs the Secretary to submit annually to the OMB Director, the Secretary of the Treasury, the CG, and specified congressional committees a report on the reliability of DOD financial statements, including those of each military department. Requires certain action to be taken with respect to statements found to be unreliable, including minimizing the resources used to develop, compile, and report the statements. Outlines statement audit requirements.
(Sec. 1009) Directs the Secretary to establish a Financial Management Modernization Executive Committee to: (1) establish a financial and data feeder system 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 data 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. 1010) Authorizes an additional $1.3 billion for DOD for either RDT&E for ballistic missile defense or DOD activities for combating terrorism, as determined by the President. Requires a report from the Secretary to the defense and appropriations committees on the allocation of such funds.
Subtitle B: Naval Vessels and Shipyards - 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 recipient. Directs the President to require that the country to which such vessels are transferred have any necessary repair or refurbishment performed at a shipyard in the United States, including a Navy shipyard. Terminates transfer authority two years after the enactment of this Act.
(Sec. 1012) Authorizes the Secretary of the Navy to sell the GLOMAR EXPLORER to its current lessee.
(Sec. 1013) Makes 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. 1014) Increases the monetary limits on the administrative authority of the Navy to settle admiralty claims against or by the United States.
Subtitle C: Counter-Drug Activities - Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 2006 the authority of the Secretary to provide support for counter-drug activities of any other Federal agency or of any other Federal, State, local, or foreign law enforcement agency.
(Sec. 1022) Amends the Spence Act to extend until April 15, 2002, a report requirement concerning DOD expenditures to support foreign counter-drug activities.
(Sec. 1023) Authorizes the Secretary to transfer to another Federal agency all Tracker aircraft in the DOD inventory. Prohibits any Tracker aircraft not so transferred from being used by DOD for counter-drug purposes after September 30, 2002.
(Sec. 1024) Prohibits more than 50 percent of the funds made available for FY 2002 for operation of the Tethered Aerostat Radar System from being obligated or expended until the Secretary reports to Congress on the status of such system, as required under the Spence Act.
Subtitle D: 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. 1032) Prohibits any FY 2002 DOD funds from being obligated or expended for retiring or dismantling any of the 93 current B-1B Lancer bombers, or for transferring or reassigning any of such aircraft from their current facility, until 15 days after the Secretary of the Air Force reports to the defense committees on the Air Force bomber force structure.
(Sec. 1033) Amends the Spence Act to add an additional element to be included by the Secretary as part of the revised nuclear posture review.
(Sec. 1034) Requires the Secretary, at least by the date of submission of the 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.
Subtitle E: Other Department of Defense Provisions - Directs the Secretary to recommend to the President whether there should be established within the executive branch a defense impact review process, and to submit a copy of such recommendation to Congress.
(Sec. 1042) Mandates that whenever the Secretary or any other DOD official is required to submit a report to Congress, the Secretary or official shall, upon request, provide Congress an electronic copy of the report. Makes an exception for classified reports.
(Sec. 1043) 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. 1044) Directs the Secretary to: (1) carry out a program to aggressively accelerate the research, development, testing, and licensure of new medical countermeasures for defense against the biological warfare agents that are the highest threats; and (2) contract with the Institute of Medicine and the National Research Council to carry out a study of the review and approval process for such new countermeasures. Requires a study report to Congress. Directs the Secretary to develop a long-range plan for the production and acquisition of vaccines to meet DOD requirements to prevent or mitigate the physiological effects of exposure to biological warfare agents, requiring such plan to be consistent with vaccine requirements of the Food and Drug Administration. Requires a plan report from the Secretary to the defense and appropriations committees. Provides funding from defense-wide RDT&E funds.
(Sec. 1045) Requires a report from the Secretary to Congress on DOD requirements for chemical and biological protective equipment.
(Sec. 1046) Authorizes the Secretary of the Navy to sell outside of DOD articles and services provided by the Naval Magazine, Indian Island, facility that are not available from any U.S. commercial source.
(Sec. 1047) Directs the Secretary of the Navy to submit to the defense committees Navy procedures and guidelines for the embarkation of civilian guests on naval vessels for public affairs purposes.
(Sec. 1048) Makes technical and clerical amendments and amendments to repeal obsolete provisions.
(Sec. 1049) Amends the Spence Act to terminate a referendum requirement regarding the continuation of military training on the island of Vieques, Puerto Rico. Authorizes the Secretary of the Navy to close the naval training range there if such Secretary certifies to the President and Congress that: (1) one or more alternative training facilities exist for such purposes; and (2) the alternative facility is available and fully capable of supporting such training immediately upon the termination of such training on Vieques. Directs such Secretary, if such conditions are met, to close such range and its related activities and to transfer certain closed areas to the Secretary of the Interior for treatment as part of the National Wildlife Refuge System.
Subtitle F: Other Matters - Amends the Federal Fire Prevention and Control Act of 1974 to extend through FY 2004 the authorization of appropriations for firefighter assistance. Makes such funds available for training and equipment to respond to terrorism or the use of weapons of mass destruction.
(Sec. 1062) 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. 1063) 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. 1064) Authorizes the Secretary of Transportation to waive certain vehicle weight limitations for a specified route in Maine during a period of national emergency.
(Sec. 1065) 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. Prohibits such grant until 30 days after such Secretary certifies to Congress that the government of France has also contributed funds for such purpose. Outlines further grant conditions. Requires such Secretary to report to Congress on Memorial architectural and engineering costs. Provides grant funding from Air Force O&M funds.
Title XI: Civilian Personnel Matters - Subtitle A: Department of Defense Civilian Personnel - Authorizes the Secretary to fix the compensation levels for DOD civilian law enforcement and security personnel whose permanent duty station is the Pentagon Reservation.
(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) Authorizes designated DOD civilian employees or Coast Guard personnel to act as notaries.
(Sec. 1104) Authorizes the Secretary to appoint in the excepted service, without regard to examination, certification, and appointment requirements, individuals who have received a degree or certification in specified health care professions or occupations.
Subtitle B: Civilian Personnel Management Generally - 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; or (3) was killed, injured, or wounded by hostile action.
(Sec. 1112) 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. 1113) Restores provisions concerning actions to be taken by a lead agency after determining an insufficient number of comparable positions in private industry to establish Federal wage schedules and rates for such position.
(Sec. 1114) Allows a Federal employee to be paid premium pay only to the extent that his or her aggregate pay for any pay period would not exceed the maximum rate payable for GS-15 or level V of the Executive Schedule, with exceptions.
(Sec. 1115) 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. 1116) Allows any Federal employee, member of the Foreign Service, member of an armed force, family member or dependent of such employee or member, or other individual traveling at Government expense who receives a promotional item as a result of using Federal or military transportation services to retain such 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. 1117) 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.
Subtitle C: Intelligence Civilian Personnel - Increases from 517 to 544 the maximum number of positions in the Defense Intelligence Senior Executive Service.
Subtitle D: Matters Relating to Retirement - Removes the requirement that a Federal employee must have at least five years of creditable service under the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (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. 1132) Provides Federal employee retirement credit under CSRS or 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. 1133) Amends the Spence Act to: (1) repeal certain limitations on the exercise of the voluntary separation incentive pay and voluntary early retirement authorities; and (2) limit total participants under both authorities to 2000 in FY 2002 and 6000 in FY 2003.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Matters Relating to Arms Control and Monitoring - Authorizes the Secretary to inspect, 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) Prohibits more than 50 percent of the FY 2002 DOD funds made available for any activity associated with the Joint Data Exchange Center in Moscow, Russia, from being expended 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. 1203) 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. 1204) 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.
(Sec. 1205) Requires the Secretary to submit to Congress a plan for securing Russia's nuclear weapons, material, and expertise.
Subtitle B: Matters Relating to Allies and Friendly Foreign Nations - 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. 1212) Authorizes friendly foreign countries to participate with DOD in international cooperative research and development projects for defense equipment and munitions. Requires the Secretary to report to specified congressional committees 30 days prior to implementing a memorandum of understanding for entering into such a project with a country that is not a NATO member or major non-NATO ally. Authorizes the Secretary to delegate the authority to determine project eligibility to one DOD official other than the Deputy Secretary of Defense. 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 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 facilities costs, limiting the delegation of authority with respect to the determination of such costs.
(Sec. 1214) Expresses the sense of Congress supporting efforts by the President to increase defense burden sharing by allied and friendly foreign nations.
Subtitle C: Reports - 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 to the People's Republic of China.
(Sec. 1222) Amends the National Defense Authorization Act for Fiscal Year 2000 to repeal a report requirement on military deployments to Haiti.
(Sec. 1223) 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.
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 more than 50 percent of the 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 consider the revenue generated by activities carried out under CTR programs in negotiating and executing CTR contracts with Russia.
(Sec. 1305) Prohibits the use of FY 2002 or earlier CTR funds for construction of a second wing of a Russian fissile material storage facility.
(Sec. 1306) Prohibits the use of FY 2002 CTR funds for construction activities under Russia's program to eliminate the production of weapons grade plutonium.
(Sec. 1307) Amends the Spence Act to revise generally report requirements on activities and assistance under CTR programs.
(Sec. 1308) 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.
(Sec. 1309) Amends the Spence Act to include an additional matter in an annual report of activities and assistance under CTR programs.
Title XIV: 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 support services for the Home; (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 certain 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 Home 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), deputy director, and associate director for each Home facility, with specified duties; (11) require each attorney appointed as 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.
Title XV: Activities Relating to Combating Terrorism - Subtitle A: Increased Funding for Combating Terrorism - Increases the amounts authorized to be appropriated to DOD for FY 2001 by the amounts of appropriations made available to DOD and the National Nuclear Security Administration (NNSA) pursuant to the 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States. Allocates such funds among specified DOD and NNSA programs.
(Sec. 1503) Authorizes appropriations for FY 2002 to: (1) DOD for the Defense Emergency Response Fund for emergency expenses to respond to the September 11, 2001, terrorist attacks; (2) NNSA for such response and to increase the security of the U.S. nuclear weapons complex; and (3) Department of Energy for defense environmental restoration and waste management and other defense activities.
(Sec. 1504) Authorizes qualified emergency defense appropriations to be used to acquire real property and carry out military construction projects necessary to respond to acts or threatened acts of terrorism and to the acts of September 11th.
(Sec. 1506) Requires quarterly reports from the Secretary and the Director of Central Intelligence to the defense and appropriations committees on the use of funds authorized by this Subtitle.
Subtitle B: Policy Matters Relating to Combating Terrorism - Directs the Secretary to study and report to Congress on the appropriate role of DOD with respect to homeland security, requiring the study to identify and describe DOD policies, plans, and procedures for combating terrorism, including support for consequence management activities of other Federal, State, and local agencies.
(Sec. 1512) 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. 1513) 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. 1514) 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. Authorizes compensation to such members during time served on such Panel.
Title XVI: Uniformed Services Voting - Expresses the sense of Congress 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. 1602) 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 voting assistance 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.
Requires the Defense Inspector General to conduct periodic assessments, at a minimum of ten DOD installations, of such programs. 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. 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 that location.
(Sec. 1603) 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. 1604) 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. 1605) 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 Secretary and each Member of Congress that represents such State.
(Sec. 1606) Requires each State, in elections for State and local offices, to accept and process any otherwise valid voter registration application from absentee military voters, as long as the application is received 30 days prior to the election. Requires a State, upon request, to provide an absentee ballot, for use in subsequent Federal elections in that year, to a voter who has already voted by absentee ballot earlier in that year.
(Sec. 1607) Prohibits the Secretary or Secretary of a military department from disallowing the designation or use of a qualifying defense facility (a facility designated as an official polling place and so used since January 1, 1996) as an official polling place for Federal, State, or local elections.
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.
(Sec. 2106) Decreases by $36.4 million the total amount authorized for military construction projects under the Military Construction Authorization Act for Fiscal Year 2000.
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 2001 to: (1) increase the amount authorized for a construction project at the Naval Shipyard, Puget Sound, Washington; and (2) reduce by $19.6 million the amount authorized for FY 2002 Navy planning and design activities.
(Sec. 2206) 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: (1) increase the amount authorized for a construction project at McGuire Air Force Base, New Jersey; and (2) reduce the number of family housing units under a construction project at Mountain Home Air Force Base, Idaho.
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 the Military Construction Authorization Act for Fiscal Year 2001 to: (1) cancel certain projects at Camp Pendleton, California; (2) cancel certain projects at unspecified worldwide locations; and (3) make certain funds available for construction activities at the Portsmouth Naval Hospital, Virginia.
(Sec. 2405) Amends the Military Construction Authorization Act for Fiscal Year 2000 to: (1) increase the amounts authorized for projects at the Blue Grass Army Depot, Kentucky, and Fort Wainwright, Alaska; (2) cancel a construction project at the Naval Air Station, Whidbey Island, Washington; and (3) make additional funds available for construction activities at the Portsmouth Naval Hospital, Virginia.
(Sec. 2406) Amends the Military Construction Authorization Act for Fiscal Year: (1) 1999 to increase the amount authorized for a construction project at the Aberdeen Proving Ground, Maryland; and (2) 1995 to increase the amount authorized for a construction project at the 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 an annual reporting requirement on military construction and family housing activities.
(Sec. 2804) Authorizes the Secretary, during any fiscal year in which a contract is awarded for the acquisition or construction of military family housing units that are not to be owned by the United States, to transfer amounts from military housing support funds in order to provide a basic housing allowance for the personnel assigned to such housing.
(Sec. 2805) Extends through December 31, 2012, the termination date for certain alternative authority to acquire or improve military family housing.
(Sec. 2806) Directs the Secretary to determine the advisability of modifying the Federal Acquisition Regulation to allow contractors to treat financing costs as allowable expenses under contracts for utility services from utility systems conveyed under the DOD privatization initiative and, if determined so advisable, to request the Federal Acquisition Regulatory Council to make appropriate changes.
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 health or safety at such installation. Requires notification to appropriate State officials upon such a determination.
(Sec. 2812) Amends the Federal Property and Administrative Services Act of 1949 to make the proceeds of sales of DOD property from a closed military installation available for facility maintenance and repair or environmental restoration by the military department that had jurisdiction over such property.
(Sec. 2813) Authorizes the Secretary to carry out a pilot program, to be known as the Pilot Efficient Facilities Initiative, to determine the potential for increasing the efficiency and effectiveness of the operation of military installations. Authorizes the Secretary to designate up to two installations of each military department to participate (requiring notification to Congress of the installations chosen). Requires a management plan for each installation. Establishes in the Treasury the Installation Efficiency Initiative Fund to manage capital assets and provide support services at participating installations. Requires a report from the Secretary to Congress. Terminates on December 31, 2005, the authority to carry out the Initiative.
(Sec. 2814) Authorizes the Secretary of the Army to conduct a demonstration program to assess the feasibility and desirability of including facility maintenance requirements in contracts for military construction projects. Requires a program report from such Secretary to Congress. Terminates the program on December 31, 2006. Provides program funding from Army military construction funds.
(Sec. 2815) Amends the Military Construction Appropriations Act, 2001 with regard to a base efficiency project at Brooks Air Force Base, Texas, to require the Secretary to report to Congress regarding the need for additional indemnification of transferees under such project.
Subtitle C: Implementation of Prior Base Closure and Realignment Rounds - 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 - Authorizes the Secretary of the Army to convey to the Port of Anchorage, Alaska, the Whittier-Anchorage Pipeline Tank Farm, for economic development.
(Sec. 2832) Authorizes the Secretary of the Army to enter into a lease with the city and county of Honolulu, Hawaii, to make a portion of Fort DeRussy, Hawaii, available for construction and operation of a parking facility.
(Sec. 2833) Amends the Military Construction Authorization Act for Fiscal Year 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.
(Sec. 2834) Authorizes the Secretary of the Army to convey to Fort Des Moines Memorial Park, Inc., a portion of the Fort Des Moines Army Reserve Center, in order to establish the Fort Des Moines Memorial Park and Education Center.
(Sec. 2835) Amends the Military Construction Authorization Act for Fiscal Year 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. 2836) Authorizes the Secretary of the Army to convey to the Commonwealth of Virginia two parcels of real property at the Engineer Proving Ground, Fort Belvoir, Virginia. Makes such Secretary responsible for any required environmental remediation.
(Sec. 2837) Authorizes the Secretary of the Army to convey to the Nisqually Tribe, Washington, a portion of Fort Lewis, Washington, in exchange for adjacent property.
(Sec. 2838) Authorizes the Administrator of General Services to convey to the city of Kewaunee, Wisconsin, the Army Reserve Center in Kewaunee.
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; (2) the City of Long Beach, California, a portion of the former Long Beach Naval Complex, in exchange for adjacent property of equal size; and (3) the San Diego Aircraft Carrier Museum, California, Pier 11A at the San Diego Naval Base, in order to berth a vessel and operate a public museum.
(Sec. 2844) Amends the Military Construction Authorization Act for Fiscal Year 2001 to authorize the conveyance of any or all (currently, only all) of the Naval Computer and Telecommunications Station in Cutler, Maine.
(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 or any political subdivision or tax-supported agency thereof 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.
(Sec. 2846) Authorizes the Secretary of the Navy to acquire land in Perquimans County, North Carolina, in order to include such land in the Harvey Point Defense Testing Activity, Hertford, North Carolina.
(Sec. 2847) Authorizes the Secretary of the Navy to convey to the Toledo-Lucas County Port Authority, Ohio, the Naval Weapons Industrial Reserve Plant in Toledo, for economic development or other appropriate purposes. Requires the Authority to reimburse such Secretary for any excess costs resulting from recipient requests.
(Sec. 2848) Modifies generally a land conveyance concerning the former U.S. Marine Corps Air Station, Eagle Mountain Lake, Texas.
Part III: Air Force Conveyances - Directs the Administrator of General Services to convey to the Inland Valley Development Agency, California, two avigation easements held by the United States.
(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 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. 2854) Authorizes the Secretary of the Air Force to convey to the Loring Development Authority, Maine, a specified segment of the Loring Petroleum Pipeline. Requires the Authority to reimburse such Secretary for any excess costs resulting from recipient requests.
(Sec. 2855) Authorizes the Secretary of the Air Force to convey to the Maine Port Authority the petroleum terminal at Mack Point, Maine, which served former Loring Air Force Base and Bangor Air National Guard Base. Requires the Authority to reimburse such Secretary for any excess costs resulting from recipient requests.
(Sec. 2856) Authorizes the Secretary of the Air Force to convey to the State Historical Society of North Dakota certain former Minuteman III IBM facilities at the Grand Forks Air Force Base, North Dakota.
(Sec. 2857) Authorizes the Secretary of the Air Force to convey to the State of South Carolina all rights and interest to the Air Force Family Housing Annex at Charleston Air Force Base, South Carolina. Authorizes such Secretary to convey a portion of such Annex to the city of North Charleston, for municipal purposes.
(Sec. 2858) Directs the Secretary of the Air Force to transfer to the Secretary of Commerce administrative jurisdiction over a parcel of property at the Mukilteo Tank Farm in Everett, Washington, that includes the Mukilteo Research Center facility. Authorizes the latter Secretary to enter into a land exchange with the Port Authority for Everett for lands of equal value in exchange for such transferred lands. Requires the retransfer to the Port Authority of transferred lands not used as a research facility after a 12-year period.
Subtitle E: Other Matters - 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 five years if no additional obligations are purchased.
(Sec. 2862) Authorizes the Secretary of the Interior to transfer to the Secretary of the Air Force a parcel of real property in Park City, Utah, for an Air Force morale, welfare, and recreation facility. Allows the Secretary of the Air Force to lease the transferred property to another party to build such facility.
(Sec. 2863) 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, unless construction is impractical due to geological conditions at that site Outlines construction requirements and deadlines. Authorizes the Secretary of the Army to enter into a cooperative agreement with the Foundation for management, maintenance, and repair 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. 2864) Authorizes the Secretary to establish a memorial at the Pentagon Reservation dedicated to the victims of the terrorist attack on the Pentagon, using funds from the Pentagon Reservation Maintenance Revolving Fund. Authorizes the Secretary to accept contributions for such memorial.
(Sec. 2865) Amends the Military Construction Authorization Act for Fiscal Year 1997 to repeal a limitation on the costs of renovation at the Pentagon Reservation.
(Sec. 2866) Authorizes the Secretary of the Army to enter into an agreement with the Military Heritage Foundation for the design, construction, and operation of a facility for the United States Army Heritage and Educational Center at Carlisle Barracks, Pennsylvania, for the curation and storage of Army artifacts and related activities. Allows the Commandant of the Army War College to accept gifts totaling up to $250,000 for the benefit of the Center.
(Sec. 2867) 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. 2868) 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. 2869) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through January 31, 2002, a demonstration project for the purchase by DOD assets in the Monterey County, California, area of firefighting and police services, and through FY 2003 for the purchase of public works and utility services, from local government agencies.
(Sec. 2870) Directs the Secretary of the Army to report to Congress evaluating the future land needs of the United States Military Academy in and around Highland Falls, New York.
(Sec. 2871) Designates the Oxford Army National Guard Readiness Center in Oxford, Mississippi, as the Patricia C. Lamar Army National Guard Readiness Center.
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 memorandum, agreement, or contract for firefighting services. Requires such Secretary, in implementing any plan, report, assessment, survey, opinion, 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) Directs the Secretaries of the Army and the Interior to enter into 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.
Title XXX: Realignment and Closure of Military Installations and Preparation of Infrastructure Plan for the Nuclear Weapons Complex - Amends the Defense Base Closure and Realignment Act of 1990 to: (1) require the Secretary to include, in defense budget justification documents for FY 2005, a force-structure plan for the armed forces based on the Secretary's assessment of the probable threats to national security during the 20-year period beginning with FY 2005, as well as a comprehensive inventory of military installations worldwide for each military department; (2) require the Secretary, based on such plan and inventory, to certify whether the need exists to close or realign additional military installations (requiring a net savings to result from such closures or realignments); (3) require the CG to evaluate the plan and inventory, and any recommended need for additional closures or realignments, and report review results to Congress; (4) authorize the President to commence an additional round of base closures or realignments, and appoint new members to the Defense Base Closure and Realignment Commission (Commission); (5) require the Secretary to publish in the Federal Register, and transmit to the defense and appropriations committees, the interim and final criteria used in recommending the closure or realignment of military installations inside the United States in 2005; (6) provide special procedures, including publication and congressional notification, for making recommendations for closures and realignments during the 2005 round, allowing the Secretary to also recommend to retain an installation in an inactive status; (7) provide for Commission review and recommendations with respect to all such closures and realignments; (8) direct the President to review the recommendations of the Secretary and the Commission, and either approve or disapprove such recommendations; (9) allow the privatization in place of a military installation recommended for closure or realignment during the 2005 round only if privatization is a method specified in Commission recommendations; (10) if the President certifies recommended closures or realignments, establish in the Treasury the Department of Defense Base Closure Account 2005 for expenses incurred during such closures and realignments (requiring Account reports); and (11) make technical and clarifying amendments due to the changes made under this Title.
(Sec. 3008) Directs the Secretary of Energy, by the FY 2004 Department of Energy budget justification documents submission date, to submit to Congress an infrastructure plan for the nuclear weapons complex adequate to support the nuclear weapons stockpile, the naval reactors program, and nonproliferation and national security activities. Requires such Secretary, based on such plan, to make recommendations regarding the need for closure or realignment of facilities of the nuclear weapons complex.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - 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) the Office of the Administrator for Nuclear Security (Administrator); (5) defense environmental restoration and waste management; (6) other defense activities; (7) defense environmental management privatization activities; and (8) defense nuclear waste disposal.
Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 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 individual transfers to $5 million. Directs the Secretary to notify Congress within 30 days after any such transfer.
(Sec. 3130) Directs the Secretary, during FY 2002, to empower each DOE field office manager with the authority to transfer weapons activities funds from a program or project under such office's jurisdiction to another program or project if the transfer will result in cost savings and efficiencies. Limits each such transfer to $5 million. Directs the Secretary to notify Congress within 30 days after any such transfer.
Subtitle C: Program Authorizations, Restrictions, and Limitations - Requires the Administrator to consolidate the Nuclear Cities Initiative program with the Initiatives for Proliferation Prevention program under a single management line.
(Sec. 3132) Prohibits funds authorized for the Nuclear Cities Initiative after FY 2001 from being obligated or expended with respect to more than three Russian nuclear cities, or more than two serial production facilities in Russia, until 30 days after the Administrator submits to the defense committees an agreement signed by the Russian Federation on access to the ten closed nuclear facilities and four serial production facilities of the Initiative. Requires an annual report on financial and programmatic activities with respect to the Initiative.
(Sec. 3133) Prohibits more than 50 percent of the funds made available in this Division for weapons activities for facilities and infrastructure from being obligated or expended until the Administrator submits a specified report to the defense and appropriations committees.
(Sec. 3134) Prohibits more than $5 million of the funds authorized for national security programs administrative support from being obligated or expended until the later of the date on which the: (1) Secretary reports to Congress on the purposes of such funds; (2) Administrator submits to Congress the future-years nuclear security program for FY 2002 as required under prior law; or (3) Secretary reports to Congress on the feasibility of using an energy savings performance contract mechanism to offset or cover the cost of a new office building for the Albuquerque operations office of DOE.
(Sec. 3135) 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. 3136) 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 for FY 2002 and FY 2003, subject to the availability of appropriations during the latter fiscal year. Requires a report from the Secretary to the defense and appropriations committees concerning the need for continued payments beyond FY 2003.
(Sec. 3137) Requires the Administrator to notify the defense and appropriations committees when the National Ignition Facility of the Lawrence Livermore National Laboratory, California, achieves Level I and II milestones. Requires a report on the failure of timely achievement of such milestones. Terminates the notification requirement on September 30, 2004.
Subtitle D: Matters Relating to Management of the National Nuclear Security Administration - Amends the National Nuclear Security Administration Act to establish within the NNSA the position of Principal Deputy Administrator, to perform duties assigned by the Administrator. Eliminates the requirement that national security laboratories and nuclear weapons production facilities report to the Deputy Administrator for Defense Programs.
(Sec. 3144) Requires the Administrator to report to the defense and appropriations committees on the adequacy of Federal pay and hiring authorities to meet NNSA requirements.
Subtitle E: Other Matters - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include as a covered illness under such Program leukemia if initial occupation exposure occurred before 21 years of age and onset occurred more than two years after such initial exposure. Allows members of a class of employees at an atomic weapons employer facility to be treated as members of the Special Exposure Cohort. Requires (current law authorizes) the survivor of a covered atomic weapons facility employee or covered uranium employee to receive the compensation benefit provided under the Program, allocating such compensation among the surviving spouses and any children. Revises generally provisions concerning the dismissal of pending suits and payment of attorney fees. Requires the National Institute for Occupational Safety and Health to conduct a study of residual contamination in any atomic weapons facility or facility of a beryllium vendor after the discontinuation of activities related to the production of nuclear weapons. Requires an interim and final report from the Institute to specified congressional committees.
(Sec. 3152) Directs the Secretary to carry out a new counterintelligence polygraph program for DOE in order to minimize the potential for release or disclosure of classified data, materials, or information. Repeals the current DOE polygraph program. Requires the Administrator to recommend to Congress appropriate legislative action to enhance DOE's personnel security program.
(Sec. 3153) Amends the National Defense Authorization Act for Fiscal Year 2000 to extend until January 1, 2004, the authority of DOE to pay voluntary separation incentive payments.
(Sec. 3154) Amends the Department of Energy Organization Act to require the Secretary to annually conduct and report to Congress on a comprehensive assessment of the vulnerability of DOE facilities to terrorist attack.
(Sec. 3155) 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, and to notify the defense and appropriations committees at least 30 days in advance of the shipment of plutonium materials to such Site. 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 not to proceed with construction of the plutonium immobilization plant at the Site, or with the mixed oxide fuel fabrication facility, then the Secretary shall prepare a plan for an alternative for such disposition. Prohibits the Secretary from shipping plutonium or related materials to the Site on or after February 1, 2002, unless the above plan is submitted. Requires an annual report from the Secretary on the extent of DOE funding for fissile materials disposition activities.
(Sec. 3156) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to revise reporting dates of a panel assessing the reliability, safety, and security of the U.S. nuclear weapons stockpile.
Subtitle F: Rocky Flats National Wildlife Refuge - Rocky Flats National Wildlife Refuge Act of 2001 - Provides that the United States shall retain all right, title, and interest to lands within the Rocky Flats Environmental Technology Site, Colorado.
(Sec. 3175) Provides for the transfer of administrative jurisdiction over Rocky Flats from the Secretary to the Secretary of the Interior, pursuant to a required memorandum of understanding. Excludes the transfer of certain property and facilities requires for environmental response actions.
(Sec. 3176) Requires the Secretary to carry out to completion cleanup and closure at Rocky Flats.
(Sec. 3177) Directs the Secretary of the Interior to establish: (1) the Rocky Flats National Wildlife Refuge; and (2) a comprehensive conservation plan that involves the public and local communities. Requires a report from such Secretary to Congress on such plan.
(Sec. 3181) Authorizes the Secretary to establish a Rocky Flats Museum.
(Sec. 3182) Requires a joint report from the above Secretaries for each of FY 2003 through 2007 on the costs of implementation of this Subtitle.
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 $65.2 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.
(Sec. 3304) Revises generally limitations on disposals of certain materials in the NDS under prior defense authorization Acts.
(Sec. 3305) Amends the National Defense Authorization Act for Fiscal Year 1998 to accelerate by one fiscal year certain required disposals of cobalt from the NDS.
(Sec. 3306) Provides FY 2002 through 2005 limitations on the disposal of manganese ferro.
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.