- TXT
-
PDF
(PDF provides a complete and accurate display of this text.)
Tip
?
106th Congress Report
2d Session HOUSE OF REPRESENTATIVES 106-945
_______________________________________________________________________
ENACTMENT OF PROVISIONS OF
H.R. 5408, THE FLOYD D. SPENCE
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2001
__________
CONFERENCE REPORT
to accompany
H.R. 4205
October 6, 2000.--Ordered to be printed
C O N T E N T S
----------
Page
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE....... 7
Summary Statement of Conference Action....................... 534
Summary Table of Authorizations.............................. 534
Congressional Defense Committees............................. 540
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS................. 540
Title I--Procurement............................................. 540
Procurement Overview................................. 540
Overview............................................. 543
UH-60 Blackhawk...................................... 546
TH-67 training helicopter............................ 546
Longbow.............................................. 546
AH-64 modifications.................................. 546
UH-60 modifications.................................. 547
Aircraft Survivability Equipment (ASE)............... 547
Aircrew integrated systems........................... 547
Overview............................................. 547
Army tactical missile system......................... 550
Overview............................................. 550
Bradley base sustainment............................. 553
Improved recovery vehicle............................ 553
Heavy assault bridge system modifications............ 553
Army Transformation.................................. 553
Machine gun, squad automatic weapon.................. 554
Overview............................................. 554
155MM Sense and Destroy Armor Munition M898.......... 558
Overview............................................. 558
Tactical trailers/dolly sets......................... 567
High mobility multipurpose-wheeled vehicle........... 567
Family of medium tactical vehicles................... 567
Fire trucks and associated firefighting equipment.... 567
M915/M916 line haul truck tractor.................... 567
Weapons of Mass Destruction Civil Support Teams...... 568
Army data distribution system........................ 568
Single channel ground and airborne radio systems
family............................................. 569
Area common user system modification program......... 569
Night vision devices................................. 569
Combat identification/aiming light................... 570
Standard integrated command post system.............. 570
Automated data processing equipment.................. 570
Ribbon bridge........................................ 570
Laundries, showers, and latrines..................... 571
Combat support medical............................... 571
Roller, vibratory, self-propelled.................... 571
Hydraulic excavator.................................. 571
Deployable universal combat earth mover.............. 572
Construction equipment service life extension program 572
Small tug............................................ 572
Combat training center instrumentation support....... 572
Nonsystem training devices........................... 573
Overview............................................. 573
Chemical Agents and Munitions Destruction, Army...... 575
Overview............................................. 577
F/A-18E/F aircraft................................... 581
SH-60R helicopter.................................... 581
UC-35 aircraft....................................... 581
F-18 series modifications............................ 581
AH-1 series modifications............................ 582
H-53 series modifications............................ 582
H-1 series modifications............................. 582
EP-3 aircraft modifications.......................... 583
Overview............................................. 583
Trident II advance procurement....................... 586
Drones and decoys.................................... 586
Weapons industrial facilities........................ 586
Mark 48 advanced capability torpedo modifications.... 586
Close-in weapons system modifications................ 587
Gun mount modifications.............................. 587
Overview............................................. 587
Overview............................................. 590
DDG-51 destroyers.................................... 593
LHD-8 advance procurement............................ 593
Ship outfitting...................................... 593
Overview............................................. 593
Surveillance and security for military sealift ships. 602
AN/WSN-7 inertial navigation system.................. 602
Integrated condition assessment system............... 602
AN/SPS-73(V) surface search radar.................... 602
Nuclear attack submarine acoustics................... 602
Sonar support equipment.............................. 603
Shipboard indications and warnings exploit........... 603
Side-scanning sonar for forward deployed minesweepers 603
Shallow water mine countermeasures................... 603
Other training equipment............................. 604
Joint tactical terminal.............................. 604
Joint engineering data management and information
control system..................................... 604
Naval shore communications equipment................. 604
Sonobuoys............................................ 604
Weapons range support equipment...................... 605
Rolling airframe guided missile launcher............. 605
Cruiser smart ship................................... 605
NULKA anti-ship missile decoy system................. 605
SSN combat control systems........................... 606
Civil engineering support equipment.................. 606
Education support equipment.......................... 606
Overview............................................. 606
Communications and electronic infrastructure support. 611
Night vision equipment............................... 611
Radio systems........................................ 611
5/4 ton truck high mobility multipurpose wheeled
vehicles........................................... 611
Material handling equipment.......................... 611
Overview............................................. 612
F-16C aircraft....................................... 617
C-17 aircraft........................................ 617
C-17 advance procurement............................. 617
EC-130J aircraft..................................... 617
B-52 aircraft modifications.......................... 618
A-10 aircraft integrated flight and fire control
computer........................................... 618
F-15 modifications................................... 618
F-16 aircraft modifications.......................... 619
Defense airborne reconnaissance program modifications 619
Other aircraft modifications......................... 620
Defense airborne reconnaissance program aircraft
support equipment.................................. 620
Overview............................................. 621
Overview............................................. 624
Overview............................................. 627
Intelligence communications equipment................ 633
Combat training ranges............................... 633
Items less than $5.0 million......................... 633
Overview............................................. 633
MH-60 aerial refueling probes and 200 gallon fuel
tanks.............................................. 638
Special operations forces small arms and support
equipment.......................................... 638
Items of Special Interest.................................... 638
Air Mobility Command................................. 638
Intelligence, surveillance and reconnaissance
programs........................................... 639
LPD-17 amphibious ships.............................. 639
Multipurpose individual munition..................... 640
Shipbuilding overview................................ 641
Legislative Provisions Adopted............................... 642
Subtitle A--Authorization of Appropriations.............. 642
Authorization of appropriations (secs. 101-106)...... 642
Subtitle B--Army Programs................................ 642
Multiyear procurement authority (sec. 111)........... 642
Increase in limitation on number of bunker defeat
munitions that may be acquired (sec. 112).......... 642
Reports and limitations relating to Army
transformation (sec. 113).......................... 642
Subtitle C--Navy Programs................................ 643
CVNX-1 nuclear aircraft carrier program (sec. 121)... 643
Arleigh Burke class destroyer program (sec. 122)..... 644
Virginia class submarine program (sec. 123).......... 644
Limitation during fiscal year 2001 on changes in
submarine force structure (sec. 124)............... 644
ADC(X) ship program (sec. 125)....................... 645
Refueling and complex overhaul program of the U.S.S.
Dwight D. Eisenhower (sec. 126).................... 645
Analysis of certain shipbuilding programs (sec. 127). 645
Helicopter support of FFG-7 frigates during fiscal
year 2001 (sec. 128)............................... 645
V-22 cockpit aircraft voice and flight data recorders
(sec. 129)......................................... 645
Subtitle D--Air Force Programs........................... 646
Annual Report on the B-2 bomber (sec. 131)........... 646
Report on modernization of Air National Guard F-16A
units (sec. 132)................................... 646
Subtitle E--Joint Programs............................... 647
Study of final assembly and checkout alternatives for
the joint strike fighter program (sec. 141)........ 647
Subtitle F--Chemical Demilitarization.................... 647
Pueblo Chemical Depot chemical agent ammunitions
destruction technologies (sec. 151)................ 647
Report on assessment of need for Federal economic
assistance for communities impacted by chemical
demilitarization activities (sec. 152)............. 647
Prohibition against disposal of non-stockpile
chemical warfare material at Anniston chemical
stockpile disposal facility (sec. 153)............. 647
Legislative Provisions not Adopted........................... 647
AGM-65 modifications................................. 647
Anti-personnel obstacle breaching system............. 648
C-135 modifications.................................. 648
Integrated bridge system for Naval systems special
warfare rigid inflatable boats and high-speed
assault craft...................................... 648
Rapid intravenous infusion pumps..................... 648
Remanufactured AV-8B aircraft........................ 649
Title II--Research, Development, Test, and Evaluation............ 649
Research, Development, Test, and Evaluation Overview. 649
Overview............................................. 651
Tactical High Energy Laser........................... 660
Emergency preparedness training...................... 660
High energy laser research and development........... 660
Advanced tank armament system........................ 661
Defense manufacturing technology program............. 661
Overview............................................. 662
Biodegradable polymers............................... 674
Torpedoes and unmanned undersea vehicles............. 674
DP-2 thrust vectoring system proof-of-concept
demonstration...................................... 674
Virtual test bed for reconfigurable ship............. 675
Fleet health technology and occupational lung disease 675
Common towed array................................... 676
Advanced land attack missile......................... 676
Joint strike fighter................................. 677
Nonlethal research and technologies.................. 678
Power node control centers........................... 678
Advanced food service technology..................... 678
F-14 tactical reconnaissance......................... 678
Marine Corps ground combat/supporting arms systems... 679
Tactical unmanned aerial vehicles.................... 679
Overview............................................. 680
XSS-10 micro-satellite technology demonstration...... 691
Specialty aerospace metals........................... 691
Space-based radar.................................... 692
Space maneuver vehicle............................... 692
Space Based Laser program............................ 693
Electronic warfare development....................... 693
Satellite control network............................ 693
Manned reconnaissance systems........................ 694
Overview............................................. 694
Chemical and Biological Defense Program.............. 704
Nuclear sustainment and counterproliferation
technologies....................................... 705
Blast mitigation testing............................. 705
Chemical and biological detectors.................... 705
Facial recognition access control technology......... 705
Weapons of mass destruction attack-effects-response
assessment capability at U.S. Joint Forces Command. 707
Ballistic Missile Defense Organization funding and
programmatic guidance.............................. 707
Defense imagery and mapping program.................. 710
Special operations tactical systems development...... 710
Common imagery processor............................. 711
Defense Space Reconnaissance Program................. 711
Future scout and cavalry system...................... 712
Modernized hellfire/common missile................... 713
National Imagery and Mapping Agency pre-acquisition
activities......................................... 713
Nuclear Detonation Detection System.................. 715
Radar technology insertion program................... 716
Space launch ranges.................................. 716
Subtitle A--Authorization of Appropriations.............. 716
Authorization of appropriations (secs. 201-202)...... 716
Subtitle B--Program Requirements, Restrictions, and
Limitations............................................ 717
Management of Space-Based Infrared System-Low (sec.
211)............................................... 717
Joint strike fighter program (sec. 212).............. 717
Fiscal year 2002 joint field experiment (sec. 213)... 717
Nuclear aircraft carrier design and production
modeling (sec. 214)................................ 718
DD-21 class destroyer program (sec. 215)............. 718
Limitation on Russian American Observation Satellites
program (sec. 216)................................. 718
Joint Biological Defense Program (sec. 217).......... 719
Report on biological warfare defense vaccine research
and development programs (sec. 218)................ 719
Cost limitations applicable to F-22 aircraft program
(sec. 219)......................................... 720
Unmanned advanced capability combat aircraft and
ground combat vehicles (sec. 220).................. 720
Global Hawk high altitude endurance unmanned aerial
vehicle (sec. 221)................................. 721
Army space control technology development (sec. 222). 722
Subtitle C--Ballistic Missile Defense.................... 722
Funding for fiscal year 2001 (sec. 231).............. 722
Reports on ballistic missile threat posed by North
Korea (sec. 232)................................... 722
Plan to modify ballistic missile defense architecture
(sec. 233)......................................... 722
Management of Airborne Laser program (sec. 234)...... 723
Subtitle D--High Energy Laser Programs................... 723
High energy laser programs (secs. 241-250)........... 723
Subtitle E--Other Matters................................ 724
Reports on mobile offshore base concept and potential
use for certain purposes of technologies associated
with that concept (sec. 251)....................... 724
Air Force science and technology planning (sec. 252). 724
Enhancement of authorities regarding education
partnerships for purposes of encouraging scientific
study (sec. 253)................................... 724
Recognition of those individuals instrumental to
naval research efforts during the period from
before World War II through the end of the Cold War
(sec. 254)......................................... 724
Legislative Provisions not Adopted........................... 725
Acoustic mine detection technology................... 725
Additional authorization for weathering and corrosion
technology for aircraft surfaces and parts......... 725
Air logistics technology............................. 725
Ammunition risk analysis research.................... 725
Funding for comparisons of medium armored vehicles... 726
Joint technology information center initiative....... 726
Navy information technology center and human resource
enterprise strategy................................ 726
Sense of Congress concerning commitment to deployment
of National Missile Defense System................. 726
Technology for mounted maneuver forces............... 726
Title III--Operation and Maintenance............................. 727
Overview............................................. 727
Battlefield Mobility Enhancement System.............. 756
Cultural and historic activities..................... 756
MOCAS enhancements................................... 756
Items of Special Interest.................................... 757
Funding for Formerly Used Defense Sites and the
Conway Bombing and Gunnery Range, Horry County,
South Carolina..................................... 757
United States Army marksmanship program.............. 757
Water quality issues at installations in
Kaiserslautern, Germany............................ 758
Legislative Provisions Adopted............................... 758
Subtitle A--Authorization of Appropriations.............. 758
Authorization of appropriations (secs. 301-302)...... 758
Armed Forces Retirement Home (sec. 303).............. 758
Transfer from National Defense Stockpile Transaction
Fund (sec. 304).................................... 758
Joint warfighting capabilities assessment teams (sec.
305)............................................... 759
Subtitle B--Environmental Provisions..................... 759
Establishment of additional environmental restoration
account and use of accounts for operation and
monitoring of environmental remedies (sec. 311).... 759
Certain environmental restoration activities (sec.
312)............................................... 759
Annual reports under Strategic Environmental Research
and Development Program (sec. 313)................. 760
Payment of fines and penalties for environmental
compliance at Fort Wainwright, Alaska (sec. 314)... 760
Payment of fines or penalties imposed for
environmental compliance violations at other
Department of Defense facilities (sec. 315)........ 760
Reimbursement for certain costs in connection with
the former Nansemond Ordnance Depot Site, Suffolk,
Virginia (sec. 316)................................ 761
Necessity of military low-level flight training to
protect national security and enhance military
readiness (sec. 317)............................... 761
Ship disposal project (sec. 318)..................... 761
Defense Environmental Security Corporate Information
Management Program (sec. 319)...................... 762
Report on Plasma Energy Pyrolysis System (sec. 320).. 762
Sense of Congress regarding environmental restoration
of former defense manufacturing site, Santa
Clarita, California (sec. 321)..................... 762
Subtitle C--Commissaries and Nonappropriated Fund
Instrumentalities...................................... 763
Use of appropriated funds to cover operating expenses
of commissary stores (sec. 331).................... 763
Adjustment of sales prices of commissary store goods
and services to cover certain expenses (sec. 332).. 763
Use of surcharges for construction and improvement of
commissary stores (sec. 333)....................... 763
Inclusion of magazines and other periodicals as an
authorized commissary merchandise category (sec.
334)............................................... 763
Use of most economical distribution method for
distilled spirits (sec. 335)....................... 763
Report on effects of availability of slot machines on
United States military installations overseas (sec.
336)............................................... 764
Subtitle D--Department of Defense Industrial Facilities.. 764
Designation of Centers of Industrial and Technical
Excellence and public-private partnerships to
increase utilization of such centers (sec. 341).... 764
Unutilized and underutilized plant-capacity costs of
United States arsenals (sec. 342).................. 765
Arsenal support program initiative (sec. 343)........ 765
Codification and improvement of armament retooling
and manufacturing support programs (sec. 344)...... 765
Subtitle E--Performance of Functions by Private-Sector
Sources................................................ 765
Inclusion of additional information in reports to
Congress required before conversion of commercial
or industrial type functions to contractor
performance (sec. 351)............................. 765
Effects of outsourcing on overhead costs of Centers
of Industrial and Technical Excellence and Army
ammunition plants (sec. 352)....................... 766
Consolidation, restructuring, or re-engineering of
Department of Defense organizations, functions, or
activities (sec. 353).............................. 766
Monitoring of savings resulting from workforce
reductions as part of conversion of functions to
performance by private sector or other strategic
sourcing initiatives (sec. 354).................... 767
Performance of emergency response functions at
chemical weapons storage installations (sec. 355).. 767
Suspension of reorganization or relocation of Naval
Audit Service (sec. 356)........................... 767
Subtitle F--Defense Dependents Education................. 768
Eligibility of dependents of American Red Cross
employees for enrollment in Department of Defense
domestic dependent schools in Puerto Rico (sec.
361)............................................... 768
Assistance to local educational agencies that benefit
dependents of members of the armed forces and
Department of Defense civilian employees (sec. 362) 768
Impact aid for children with severe disabilities
(sec. 363)......................................... 768
Assistance for maintenance, repair, and renovation of
school facilities that serve dependents of members
of the Armed Forces and Department of Defense
civilian employees (sec. 364)...................... 768
Subtitle G--Military Readiness Issues.................... 769
Measuring cannibalization of parts, supplies, and
equipment under readiness reporting system (sec.
371)............................................... 769
Reporting requirements regarding transfers from high-
priority readiness appropriations (sec. 372)....... 769
Effects of worldwide contingency operations on
readiness of military aircraft and equipment (sec.
373)............................................... 769
Identification of requirements to reduce backlog in
maintenance and repair of defense facilities (sec.
374)............................................... 769
New methodology for preparing budget requests to
satisfy Army readiness requirements (sec. 375)..... 770
Review of AH-64 aircraft program (sec. 376).......... 770
Report on Air Force spare and repair parts program
for C-5 (sec. 377)................................. 770
Subtitle H--Other Matters................................ 770
Annual report on public sale of certain military
equipment identified on United States Munitions
List (sec. 381).................................... 770
Resale of armor-piercing ammunition disposed of by
the Army (sec. 382)................................ 771
Reimbursement by civil air carriers for support
provided at Johnston Atoll (sec. 383).............. 771
Travel by Reserves on military aircraft (sec. 384)... 771
Overseas airlift service on Civil Reserve Air Fleet
aircraft (sec. 385)................................ 771
Additions to plan for ensuring visibility over all
in-transit end items and secondary items (sec. 386) 772
Reauthorization of pilot program for acceptance and
use of landing fees charged for use of domestic
military airfields by civil aircraft (sec. 387).... 772
Extension of authority to sell certain aircraft for
use in wildfire suppression (sec. 388)............. 772
Damage to aviation facilities caused by alkali silica
reactivity (sec. 389).............................. 772
Demonstration project to increase reserve component
internet access and services in rural communities
(sec. 390)......................................... 772
Additional conditions on implementation of Defense
Joint Accounting System (sec. 391)................. 773
Report on Defense Travel System (sec. 392)........... 773
Review of Department of Defense costs of maintaining
historical properties (sec. 393)................... 773
Legislative Provisions not Adopted........................... 774
Authority to ensure demilitarization of significant
military equipment formerly owned by the Department
of Defense......................................... 774
Close-in weapon system overhauls..................... 774
Industrial mobilization capacity at government-owned,
government-operated army ammunition facilities and
arsenals........................................... 774
Investment of commissary trust revolving fund........ 774
MK-45 overhaul....................................... 774
Mounted urban combat training site, Fort Knox........ 775
National Guard assistance for certain youth and
charitable organizations........................... 775
Notice of use of radio frequency spectrum by a system
entering engineering and manufacturing development. 775
Revision of authority to waive limitation on
performance of depot-level maintenance............. 776
Spectrum data base upgrades.......................... 776
Use of humanitarian and civic assistance funding for
pay and allowances of special operations command
reserves furnishing demining training and related
assistance as humanitarian assistance.............. 776
Weatherproofing of facilities at Keesler Air Force
Base............................................... 776
Title IV--Military Personnel Authorizations...................... 777
Items of Special Interest.................................... 777
Funding for Army Reserve Individual Mobilization
Augmentees......................................... 777
Legislative Provisions Adopted............................... 777
Subtitle A--Active Forces................................ 777
End strengths for active forces (sec. 401)........... 777
Revision in permanent end strength minimum levels
(sec. 402)......................................... 777
Adjustment to end strength flexibility authority
(sec. 403)......................................... 778
Subtitle B--Reserve Forces............................... 778
End strengths for Selected Reserve (sec. 411)........ 778
End strengths for Reserves on active duty in support
of the reserves (sec. 412)......................... 778
End strengths for military technicians (dual status)
(sec. 413)......................................... 779
Fiscal year 2001 limitation on non-dual status
technicians (sec. 414)............................. 780
Increase in numbers of members in certain grades
authorized to be on active duty in support of the
Reserves (sec. 415)................................ 780
Subtitle C--Other Matters Relating to Personnel Strengths 781
Authority for Secretary of Defense to suspend certain
personnel strength limitations during war or
national emergency (sec. 421)...................... 781
Exclusion from active component end strengths of
certain reserve component members on active duty in
support of the combatant commands (sec. 422)....... 782
Exclusion of Army and Air Force medical and dental
officers from limitation on strengths of reserve
comissioned officers in grades below brigadier
general (sec. 423)................................. 782
Authority for temporary increases in number of
reserve component personnel serving on active duty
or full-time national guard duty in certain grades
(sec. 424)......................................... 782
Subtitle D--Authorization of Appropriations.............. 782
Authorization of appropriations for military
personnel (sec. 431)............................... 782
Legislative Provisions not Adopted........................... 784
Temporary exemption of Director of the National
Security Agency from limitations on number of Air
Force officers above major general................. 784
Title V--Military Personnel Policy............................... 785
Legislative Provisions Adopted............................... 785
Subtitle A--Officer Personnel Policy................. 785
Eligibility of Army and Air Force reserve colonels
and brigadier generals for position vacancy
promotions (sec. 501).............................. 785
Flexibility in establishing promotion zones for Coast
Guard Reserve officers (sec. 502).................. 785
Time for release of reports of officer promotion
selection boards (sec. 503......................... 785
Clarification of requirements for composition of
active-duty list selection boards when reserve
officers are under consideration (sec. 504)........ 785
Authority to issue posthumous commissions in case of
members dying before official recommendation for
appointment or promotion is approved by Secretary
concerned (sec. 505)............................... 785
Technical corrections relating to retired grade rule
for Army and Air Force officers (sec. 506)......... 786
Grade of chiefs of reserve components and directors
of National Guard components (sec. 507)............ 786
Revision to rules for entitlement to separation pay
for regular and reserve officers (sec. 508)........ 786
Subtitle B--Reserve Component Personnel Policy........... 787
Exemption from active-duty list for reserve officers
on active duty for a period of three years or less
(sec. 521)......................................... 787
Termination of application requirement for
consideration of officers for continuation on the
reserve active-status list (sec. 522).............. 787
Authority to retain Air Force reserve officers in all
medical specialties until specified age (sec. 523). 787
Authority for provision of legal services to reserve
component members following release from active
duty (sec. 524).................................... 787
Extension of involuntary civil service retirement
date for certain reserve technicians (sec. 525).... 787
Subtitle C--Education and Training....................... 788
Eligibility of children of reserves for presidential
appointment to service academies (sec. 531)........ 788
Selection of foreign students to receive instruction
at service academies (sec. 532).................... 788
Revision of college tuition assistance program for
members of Marine Corps Platoon Leaders Class
program (sec. 533)................................. 788
Review of allocation of Junior Reserve Officers
Training Corps units among the services (sec. 534). 788
Authority for Naval Postgraduate School to enroll
certain defense industry civilians in specified
programs relating to defense product development
(sec. 535)......................................... 789
Subtitle D--Decorations, Awards, and Commendations....... 789
Limitation on award of Bronze Star to members in
receipt of Imminent Danger Pay (sec. 541).......... 789
Consideration of proposals for posthumous or honorary
promotions or appointments of members or former
members of the armed forces and other qualified
persons (sec. 542)................................. 789
Waiver of time limitations for award of certain
decorations to certain persons (sec. 543).......... 789
Addition of certain information to markers on graves
containing remains of certain unknowns from the
U.S.S. Arizona who died in the Japanese attack on
Pearl Harbor on December 7, 1941 (sec. 544)........ 790
Sense of Congress on the court-martial conviction of
Captain Charles Butler McVay, commander of the
U.S.S. Indianapolis, and on the courageous service
of the crew of that vessel (sec. 545).............. 790
Posthumous advancement on retired list of Rear
Admiral Husband E. Kimmel and Major General Walter
C. Short, senior officers in command in Hawaii on
December 7, 1941 (sec. 546)........................ 790
Commendation of citizens of Remy, France, for World
War II actions (sec. 547).......................... 791
Authority for award of the medal of honor to William
H. Pitsenbarger for valor during the Vietnam War
(sec. 548)......................................... 791
Subtitle E--Military Justice and Legal Aissitance Matters 791
Recognition by states of military testamentary
instruments (sec. 551)............................. 791
Policy concerning rights of individuals whose names
have been entered into Department of Defense
official criminal investigative reports (sec. 552). 791
Limitation on secretarial authority to grant clemency
for military prisoners serving sentence of
confinement for life without eligibility for parole
(sec. 553)......................................... 792
Authority for civilian special agents of the military
department criminal investigative organizations to
execute warrants and make arrests (sec. 554)....... 792
Requirement for verbatim record in certain special
court-martial cases (sec. 555)..................... 792
Commemoration of the fiftieth anniversary of the
Uniform Code of Military Justice (sec. 556)........ 793
Subtitle F--Matters Relating to Recruiting............... 793
Army recruiting pilot programs (sec. 561)............ 793
Enhancement of recruitment market research and
advertising programs (sec. 562).................... 793
Access to secondary schools for military recruiting
purposes (sec. 563)................................ 793
Pilot program to enhance military recruiting by
improving military awareness of school counselors
and educators (sec. 564)........................... 794
Subtitle G--Other Matters................................ 794
Extension to end of calendar year of expiration date
for certain force drawdown transition authorities
(sec. 571)......................................... 794
Voluntary separation incentive (sec. 572)............ 794
Congressional review period for assignment of women
to duty on submarines and for any proposed
reconfiguration or design of submarines to
accommodate female crew members (sec. 573)......... 795
Management and per diem requirements for members
subject to lengthy or numerous deployments (sec.
574)............................................... 795
Pay in lieu of allowance for funeral honors duty
(sec. 575)......................................... 795
Test of ability of reserve component intelligence
units and personnel to meet current and emerging
defense intelligence needs (sec. 576).............. 796
National Guard Challenge Program (sec. 577).......... 796
Study of use of civilian contractor pilots for
operational support missions (sec. 578)............ 796
Reimbursement for expenses incurred by members in
connection with cancellation of leave on short
notice (sec. 579).................................. 797
Legislative Provisions not Adopted........................... 797
Authority for award of the Medal of Honor............ 797
Collection and use of deoxyribonucleic acid
identification information from violent and sexual
offenders in the armed forces...................... 797
Contingent exemption from limitation on number of Air
Force officers serving on active duty in grades
above major general................................ 798
Joint Officer Management............................. 798
Military Voting Rights Act of 2000................... 798
Preparation, participation, and conduct of athletic
competitions and small arms competitions by the
National Guard and members of the National Guard... 798
Repeal of contingent funding increase for Junior
Reserve Officers Training Corps.................... 798
Review of actions of selection boards................ 799
Title VI--Compensation and other Personnel Benefits.............. 799
Legislative Provisions Adopted............................... 799
Subtitle A--Pay and Allowances........................... 799
Increase in basic pay for fiscal year 2001 (sec. 601) 799
Additional restructuring of basic pay rates for
enlisted members (sec. 602)........................ 799
Revised method for calculation of basic allowance for
subsistence (sec. 603)............................. 800
Family subsistence supplemental allowance for low-
income members of the Armed Forces (sec. 604)...... 800
Basic allowance for housing (sec. 605)............... 800
Additional amount available for fiscal year 2001
increase in basic allowance for housing inside the
United States (sec. 606)........................... 801
Equitable treatment of junior enlisted members in
computation of basic allowance for housing (sec.
607)............................................... 801
Eligibility of members in grade E-4 to receive basic
allowance for housing while on sea duty (sec. 608). 801
Personal money allowance for senior enlisted members
of the armed forces (sec. 609)..................... 801
Increased uniform allowances for officers (sec. 610). 801
Cabinet-level authority to prescribe requirements and
allowance for clothing of enlisted members (sec.
611)............................................... 802
Increase in monthly subsistence allowance for members
of precommissioning programs (sec. 612)............ 802
Subtitle B--Bonuses and Special and Incentive Pays....... 802
Extension of certain bonuses and special pay
authorities for reserve forces (sec. 621).......... 802
Extension of certain bonuses and special pay
authorities for nurse officer candidates,
registered nurses, and nurse anesthetists (sec.
622)............................................... 802
Extension of authorities relating to payment of other
bonuses and special pays (sec. 623)................ 803
Revision of enlistment bonus authority (sec. 624).... 803
Consistency of authorities for special pay for
reserve medical and dental officers (sec. 625)..... 803
Elimination of required congressional notification
before implementation of certain special pay
authority (sec. 626)............................... 803
Special pay for physician assistants of the Coast
Guard (sec. 627)................................... 803
Authorization of special pay and accession bonus for
pharmacy officers (sec. 628)....................... 804
Correction of references to Air Force veterinarians
(sec. 629)......................................... 804
Career sea pay (sec. 630)............................ 804
Increased maximum rate of special duty assignment pay
(sec. 631)......................................... 804
Entitlement of members of the National Guard and
other reserves not on active duty to receive
special duty assignment pay (sec. 632)............. 804
Authorization of retention bonus for members of the
armed forces qualified in a critical military skill
(sec. 633)......................................... 805
Entitlement of active duty officers of the Public
Health Service Corps to special pays and bonuses of
health professional officers of the armed forces
(sec. 634)......................................... 805
Subtitle C--Travel and Transportation Allowances......... 805
Advance payments for temporary lodging of members and
dependents (sec. 641).............................. 805
Additional transportation allowance regarding baggage
and household effects (sec. 642)................... 805
Incentive for shipping and storing household goods in
less than average weights (sec. 643)............... 805
Equitable dislocation allowances for junior enlisted
members (sec. 644)................................. 806
Authority to reimburse military recruiters, senior
ROTC cadre, and Military Entrance Processing
personnel for certain parking expenses (sec. 645).. 806
Expansion of funded student travel for dependents
(sec. 646)......................................... 806
Subtitle D--Retirement and Survivor Benefit Matters...... 806
Exception to high-36-month retired pay computation
for members retired following a disciplinary
reduction in grade (sec. 651)...................... 806
Increase in maximum number of reserve retirement
points that may be credited in any year (sec. 652). 806
Retirement from active reserve service after regular
retirement (sec. 653).............................. 807
Same treatment for federal judges as for other
federal officials regarding payment of military
retired pay (sec. 654)............................. 807
Reserve Component Survivor Benefit Plan spousal
consent requirement (sec. 655)..................... 807
Sense of Congress on increasing Survivor Benefit Plan
annuities for surviving spouses age 62 or older
(sec. 656)......................................... 807
Revision to special compensation authority to repeal
exclusion of uniformed services retirees in receipt
of disability retired pay (sec. 657)............... 807
Subtitle E--Other Matters................................ 808
Participation in Thrift Savings Plan (sec. 661)...... 808
Determinations of income eligibility for special
supplemental food program (sec. 662)............... 808
Billeting services for reserve members traveling for
inactive-duty training (sec. 663).................. 808
Settlement of claims for payments for unused accrued
leave and for retired pay (sec. 664)............... 808
Additional benefits and protections for personnel
incurring injury, illness, or disease in the
performance of funeral honors duty (sec. 665)...... 809
Authority for extension of deadline for filing claims
associated with capture and interment of certain
persons by North Vietnam (sec. 666)................ 809
Back pay for members of the Navy and Marine Corps
selected for promotion while interned as prisoners
of war during World War II (sec. 667).............. 809
Sense of Congress concerning funding for reserve
components (sec. 668).............................. 809
Legislative Provisions Not Adopted........................... 809
Authority to pay gratuity to certain veterans of
Bataan and Corregidor.............................. 809
Benefits for members not transporting personal motor
vehicles overseas.................................. 810
Computation of survivor benefits..................... 810
Concurrent payment of retired pay and compensation
for retired members with service-connected
disabilities....................................... 810
Concurrent payment to surviving spouses of Disability
and Indemnity Compensation and annuities under
Survivor Benefit Plan.............................. 810
Effective date of disability retirement for members
dying in civilian medical facilities............... 810
Eligibility of certain members of the Individual
Ready Reserve for Servicemembers' Group Life
Insurance.......................................... 811
Equitable application of early retirement eligibility
requirements to military reserve technicians....... 811
Family coverage under Servicemembers' Group Life
Insurance.......................................... 811
Fees paid by residents of the Armed Forces Retirement
Home............................................... 811
Recognition of members of the Alaska Territorial
Guard as veterans.................................. 811
Survivor benefit plan annuities for survivors of all
members who die on active duty..................... 812
Travel by reservists on military aircraft to and from
locations outside the continental United States for
inactive-duty training............................. 812
Title VII--Health Care Provisions................................ 812
Legislative Provisions Adopted............................... 812
Subtitle A--Health Care Services......................... 812
Provision of domiciliary and custodial care for
CHAMPUS beneficiaries and certain former CHAMPUS
beneficiaries (sec. 701)........................... 812
Chiropractic health care for members on active duty
(sec. 702)......................................... 812
School-required physical examinations for certain
minor dependents (sec. 703)........................ 813
Two-year extension of dental and medical benefits for
surviving dependents of certain deceased members
(sec. 704)......................................... 813
Two-year extension of authority for use of contract
physicians at military entrance processing stations
and elsewhere outside medical treatment facilities
(sec. 705)......................................... 813
Medical and dental care for medal of honor recipients
(sec. 706)......................................... 813
Subtitle B--Senior Health Care........................... 814
Implementation of TRICARE senior pharmacy program
(sec. 711)......................................... 814
Conditions for eligibility for CHAMPUS and TRICARE
upon the attainment of age 65; expansion and
modification of medicare subvention project (sec.
712)............................................... 814
Accrual funding for health care for Medicare-eligible
retirees and dependents (sec. 713)................. 815
Subtitle C--TRICARE Program.............................. 815
Improvement of access to health care under the
TRICARE program (sec. 721)......................... 815
Additional beneficiaries under TRICARE prime remote
program in the continental United States (sec. 722) 816
Modernization of TRICARE business practices and
increase of use of military treatment facilities
(sec. 723)......................................... 816
Extension of TRICARE managed care support contracts
(sec. 724)......................................... 816
Report on protections against health care providers
seeking direct reimbursement from members of the
uniformed services (sec. 725)...................... 817
Voluntary termination of enrollment in TRICARE
retiree dental program (sec. 726).................. 817
Claims processing improvements (sec. 727)............ 817
Prior authorizations for certain referrals and
nonavailability-of-health-care statements (sec.
728)............................................... 817
Subtitle D--Demonstration Projects....................... 818
Demonstration project for expanded access to mental
health counselors (sec. 731)....................... 818
Teleradiology demonstration project (sec. 732)....... 818
Health care management demonstration program (sec.
733)............................................... 818
Subtitle E--Joint Initiatives With Department of Veterans
Affairs................................................ 818
VA-DOD sharing agreements for health services (sec.
741)............................................... 818
Processes for patient safety in military and veterans
health care systems (sec. 742)..................... 819
Cooperation in developing pharmaceutical
identification technology (sec. 743)............... 819
Subtitle F--Other Matters................................ 819
Management of anthrax vaccine immunization program
(sec. 751)......................................... 819
Elimination of copayments for immediate family (sec.
752)............................................... 819
Medical informatics (sec. 753)....................... 820
Patient care reporting and management system (sec.
754)............................................... 820
Augmentation of Army medical department by detailing
reserve officers of the Public Health Service (sec.
755)............................................... 820
Privacy of Department of Defense medical records
(sec. 756)......................................... 820
Authority to establish special locality-based
reimbursement rates; reports (sec. 757)............ 821
Reimbursement for certain travel expenses (sec. 758). 821
Reduction of cap on payments (sec. 759).............. 821
Training in health care management and administration
(sec. 760)......................................... 821
Study on feasibility of sharing biomedical research
facility (sec. 761)................................ 821
Study on comparability of coverage for physical,
speech, and occupational therapies (sec. 762)...... 822
Legislative Provisions not Adopted........................... 822
Extended coverage under the Federal Employees Health
Benefits Program................................... 822
Extension of TRICARE senior supplement program....... 822
Service areas of transferees of former uniformed
services treatment facilities...................... 822
Study of accrual financing for health care for
military retirees.................................. 822
Study of accrual financing for health care for
retirees of the uniformed services................. 823
Study on health care options for medicare-eligible
military retirees.................................. 823
Title VIII--Acquisition Policy, Acquisition Management, and
Related Matters................................................ 823
Items of Special Interest.................................... 823
Acquisition programs at the National Security Agency. 823
Legislative Provisions Adopted............................... 824
Subtitle A--Amendments to General Contracting
Authorities, Procedures, and Limitations............... 824
Department of Defense acquisition pilot programs
(sec. 801)......................................... 824
Multiyear services contracts (sec. 802).............. 824
Clarification and extension of authority to carry out
certain prototype projects (sec. 803).............. 825
Clarification of authority of Comptroller General to
review records of participants in certain prototype
projects (sec. 804)................................ 825
Extension of time period of limitation on procurement
of ball bearings and roller bearings (sec. 805).... 826
Reporting requirements relating to multiyear
contracts (sec. 806)............................... 826
Eligibility of small business concerns owned and
controlled by women for assistance under the
mentor-protege program (sec. 807).................. 826
Qualifications required for employment and assignment
in contracting positions (sec. 808)................ 826
Revision of authority for solutions-based contracting
pilot program (sec. 809)........................... 827
Procurement notice of contracting opportunities
through electronic means (sec. 810)................ 827
Subtitle B--Information Technology....................... 827
Acquisition and management of information technology
(sec. 811)......................................... 827
Tracking and management of information technology
purchases (sec. 812)............................... 827
Appropriate use of requirements regarding experience
and education of contractor personnel in the
procurement of information technology services
(sec. 813)......................................... 828
Navy-Marine Corps Intranet (sec. 814)................ 828
Sense of Congress regarding information technology
systems for guard and reserve components (sec. 815) 829
Subtitle C--Other Acquisition-Related Matters............ 829
Improvements in procurements of services (sec. 821).. 829
Financial analysis of use of dual rate for
quantifying overhead costs at army ammunition
plants (sec. 822).................................. 830
Repeal of prohibition on use of Department of Defense
funds for the procurement of nuclear-capable
shipyard crane from a foreign source (sec. 823).... 830
Extension of waiver period for live-fire
survivability testing for MH-47E and MH-60K
helicopter modifications programs (sec. 824)....... 830
Compliance with existing law regarding purchases of
equipment and products (sec. 825).................. 830
Requirement to disregard certain agreements in
awarding contracts for the purchase of firearms or
ammunition (sec. 826).............................. 831
Subtitle D--Studies and Reports.......................... 831
Study on impact of foreign sourcing of systems on
long-term military readiness and related industrial
infrastructure (sec. 831).......................... 831
Study of policies and procedures for transfer of
commercial activities (sec. 832)................... 831
Study and report on practice of contract bundling in
military construction contracts (sec. 833)......... 831
Requirement to conduct study on contract bundling
(sec. 834)......................................... 831
Legislative Provisions not Adopted........................... 832
Management of acquisition of mission-essential
software for major defense acquisition programs.... 832
Repeal of requirement for contractor assurances
regarding the completeness, accuracy, and
contractual sufficiency of technical data provided
by contractor...................................... 832
Revision of the organization and authority of the
cost accounting standards board.................... 832
Technical data rights for items developed exclusively
at private expense................................. 832
Title IX--Department of Defense Organization and Management...... 833
Legislative Provisions Adopted............................... 833
Subtitle A--Duties and Functions of Department of Defense
Officers............................................... 833
Overall supervision of Department of Defense
activities for combating terrorism (sec. 901)...... 833
Change of title of certain positions in the
Headquarters, Marine Corps (sec. 902).............. 834
Clarification of scope of Inspector General
authorities under military whistleblower law (sec.
903)............................................... 834
Policy to ensure conduct of science and technology
programs so as to foster the transition of science
and technology to higher levels of research,
development, test, and evaluation (sec. 904)....... 834
Additional components of Chairman of the Joint Chiefs
of Staff annual report on combatant command
requirements (sec. 905)............................ 835
Subtitle B--Department of Defense Organization........... 835
Western Hemisphere Institute for Security Cooperation
(sec. 911)......................................... 835
Department of Defense regional centers for security
studies (sec. 912)................................. 836
Change in name of Armed Forces Staff College to Joint
Forces Staff College (sec. 913).................... 836
Special authority for administration of Navy Fisher
Houses (sec. 914).................................. 836
Supervisory control of Armed Forces Retirement Home
Board by Secretary of Defense (sec. 915)........... 837
Semiannual report on the Joint Requirements Oversight
Council reform initiative (sec. 916)............... 837
Comptroller General review of operations of Defense
Logistics Agency (sec. 917)........................ 837
Comptroller General review of operations of Defense
Information Systems Agency (sec. 918).............. 837
Subtitle C--Information Security......................... 838
Institute for Defense Computer Security and
Information Protection (sec. 921).................. 838
Information security scholarship program (sec. 922).. 838
Subtitle D--Reports...................................... 838
Date of submittal of reports on shortfalls in
equipment procurement and military construction for
reserve components in future-years defense programs
(sec. 931)......................................... 838
Report on number of personnel assigned to legislative
liaison functions (sec. 932)....................... 838
Joint report on establishment of national
collaborative information analysis capability (sec.
933)............................................... 839
Network centric warfare (sec. 934)................... 839
Report on Air Force Institute of Technology (sec.
935)............................................... 839
Subtitle E--Other Matters................................ 840
Flexibility in implementation of limitation on major
Department of Defense headquarters activities
personnel (sec. 941)............................... 840
Consolidation of certain Navy gift funds (sec. 942).. 840
Temporary authority to dispose of a gift previously
accepted for the Naval Academy (sec. 943).......... 840
Legislative Provisions not Adopted........................... 840
Defense acquisition workforce........................ 840
National Defense Panel 2001.......................... 841
Quadrennial National Defense Panel................... 841
Title X--General Provisions...................................... 841
Legislative Provisions Adopted............................... 841
Subtitle A--Financial Matters............................ 841
Transfer authority (sec. 1001)....................... 841
Incorporation of classified annex (sec. 1002)........ 841
Authorization of emergency supplemental
appropriations for fiscal year 2000 (sec. 1003).... 841
United States contribution to NATO common-funded
budgets in fiscal year 2001 (sec. 1004)............ 842
Limitation on funds for Bosnia and Kosovo
peacekeeping operations for fiscal year (sec. 1005) 842
Requirement for prompt payment of contract vouchers
(sec. 1006)........................................ 842
Plan for the prompt recording of obligations of funds
for contractual transactions (sec. 1007)........... 843
Electronic submission and processing of claims for
contract payments (sec. 1008)...................... 843
Administrative offsets for overpayment of
transportation costs (sec. 1009)................... 843
Interest penalties for late payments of interim
payments due under Government service contracts
(sec. 1010)........................................ 843
Subtitle B--Naval Vessels and Shipyards.................. 844
Revisions to national defense features program (sec.
1011).............................................. 844
Sense of Congress on the naming of the CVN-77
aircraft carrier (sec. 1012)....................... 844
Authority to transfer naval vessels to certain
foreign countries (sec. 1013)...................... 844
Authority to consent to retransfer of alternative
former naval vessel by Government of Greece (sec.
1014).............................................. 844
Subtitle C--Counter-Drug Activities...................... 845
Extension of authority to provide additional support
for counter-drug activities of Colombia (sec. 1021) 846
Report on Department of Defense expenditures to
support foreign counter-drug activities (sec. 1022) 846
Recommendations on expansion of support for counter-
drug activities (sec. 1023)........................ 846
Review of riverine counter-drug program (sec. 1024).. 847
Report on tethered aerostat radar system (sec. 1025). 847
Sense of Congress regarding use of the armed forces
for counter-drug and counter-terrorism activities
(sec. 1026)........................................ 847
Subtitle D--Counterterrorism and Domestic Preparedness... 848
Preparedness of military installation first
responders for incidents involving weapons of mass
destruction (sec. 1031)............................ 848
Additional weapons of mass destruction civil support
teams (sec. 1032).................................. 848
Authority to provide loan guarantees to improve
domestic preparedness to combat cyberterrorism
(sec. 1033)........................................ 849
Report on the status of domestic preparedness against
the threat of biological terrorism (sec. 1034)..... 849
Report on strategy, policies, and programs to combat
domestic terrorism (sec. 1035)..................... 849
Subtitle E--Strategic Forces............................. 850
Revised nuclear posture review (sec. 1041)........... 850
Plan for the long-term sustainment and modernization
of United States strategic nuclear forces (sec.
1042).............................................. 850
Modification of scope of waiver authority for
limitation on retirement or dismantlement of
strategic nuclear delivery systems (sec. 1043)..... 850
Report on the defeat of hardened and deeply buried
targets (sec. 1044)................................ 851
Sense of Congress on the maintenance of the Strategic
Nuclear Triad (sec. 1045).......................... 851
Subtitle F--Miscellaneous Reporting Requirements......... 851
Management review of working-capital fund activities
(sec. 1051)........................................ 851
Report on submarine rescue support vessels (sec.
1052).............................................. 851
Report on Federal Government progress in developing
information assurance strategies (sec. 1053)....... 852
Department of Defense process for decisionmaking in
cases of false claims (sec. 1054).................. 852
Subtitle G--Government Information Security Reform....... 852
Government information security reform (secs. 1061-
1065).............................................. 852
Subtitle H--Security Matters............................. 853
Limitation on granting of security clearances (sec.
1071).............................................. 853
Process for prioritizing background investigations
for security clearances for Department of Defense
personnel and defense contractor personnel (sec.
1072).............................................. 853
Authority to withhold certain sensitive information
from public disclosure (sec. 1073)................. 853
Expansion of authority to exempt geodetic products of
the Department of Defense from public disclosure
(sec. 1074)........................................ 854
Expenditures for declassification activities (sec.
1075).............................................. 854
Enhanced access to criminal history record
information for national security and other
purposes (sec. 1076)............................... 854
Two-year extension of authority to engage in
commercial activities as security for intelligence
collection activities (sec. 1077).................. 854
Coordination of nuclear weapons secrecy policies and
consideration of health of workers at former
Department of Defense nuclear facilities (sec.
1078).............................................. 855
Subtitle I--Other Matters................................ 855
Funds for administrative expenses under Defense
Export Loan Guarantee program (sec. 1081).......... 855
Transit pass program Department of Defense personnel
in poor air quality areas (sec. 1082).............. 855
Transfer of Vietnam-era TA-4 aircraft to a non-profit
foundation (sec. 1083)............................. 856
Transfer of 19th century cannon to museum (sec. 1084) 856
Fees for providing historical information to the
public (sec. 1085)................................. 856
Grants to American Red Cross for Armed Forces
emergency services (sec. 1086)..................... 856
Technical and clerical amendments (sec. 1087)........ 857
Maximum size of parcel post packages transported
overseas for Armed Forces post offices (sec. 1088). 857
Sense of Congress regarding tax treatment of members
receiving special pay for duty subject to hostile
fire or imminent danger (sec. 1089)................ 857
Organization and management of the civil air patrol
(sec. 1090)........................................ 857
Additional duties for the Commission to Assess United
States National Security Space Management and
Organization (sec. 1091)........................... 858
Commission on the future of the United States
aerospace industry (sec. 1092)..................... 858
Drug addiction treatment (sec. 1093)................. 858
Legislative Provisions not Adopted........................... 858
Annual OMB/CBO joint report on scoring budget outlays 858
Authority to provide headstones or markers for marked
graves or otherwise commemorate certain individuals 858
Breast cancer stamp extension........................ 859
Comprehensive study and support for criminal
investigations and prosecutions by state and local
law enforcement officials.......................... 859
Local Law Enforcement Enhancement Act of 2000........ 859
Plan to ensure compliance with financial management
requirements....................................... 859
Protection of operational files of the Defense
Intelligence Agency................................ 859
Repeal of certain provisions shifting outlays from
one fiscal year to another......................... 860
Report to the Congress regarding extent and severity
of child poverty................................... 860
Sense of the Senate concerning long-term economic
development aid for communities rebuilding from
hurricane Floyd.................................... 860
Title XI--Department of Defense Civilian Personnel............... 860
Legislative Provisions Adopted............................... 860
Subtitle A--Civilian Personnel Management Generally...... 860
Employment and compensation of employees for
temporary organizations established by law or
executive order (sec. 1101)........................ 860
Assistive technology accommodations program (sec.
1102).............................................. 861
Extension of authority for voluntary separations in
reductions in force (sec. 1103).................... 861
Electronic maintenance of performance appraisal
systems (sec. 1104)................................ 861
Study on civilian personnel services (sec. 1105)..... 861
Subtitle B--Demonstration and Pilot Programs............. 862
Pilot program for reengineering the equal employment
opportunity complaint process (sec. 1111).......... 862
Work safety demonstration program (sec. 1112)........ 862
Extension, expansion, and revision of authority for
experimental personnel program for scientific and
technical personnel (sec. 1113).................... 862
Clarification of personnel management authority under
personnel demonstration project (sec. 1114)........ 862
Subtitle C--Educational Assistance....................... 863
Restructuring the restriction on degree training
(sec. 1121)........................................ 863
Student loan repayment programs (sec. 1122).......... 863
Extension of authority for tuition reimbursement and
training for civilian employees in the defense
acquisition workforce (sec. 1123).................. 863
Subtitle D--Other Benefits............................... 864
Additional special pay for foreign language
proficiency beneficial for United States national
security interests (sec. 1131)..................... 864
Approval authority for cash awards in excess of
$10,000 (sec. 1132)................................ 864
Leave for crews of certain vessels (sec. 1133)....... 864
Life insurance for emergency essential Department of
Defense employees (sec. 1134)...................... 864
Subtitle E--Intelligence Civilian Personnel.............. 864
Expansion of defense civilian intelligence personnel
system positions (sec. 1141)....................... 864
Increase in number of positions authorized for the
Defense Intelligence Senior Executive Service (sec.
1142).............................................. 865
Subtitle F--Voluntary Separation Incentive Pay and Early
Retirement Authority................................... 865
Voluntary separation incentive pay and early
retirement authority (secs. 1151-1153)............. 865
Legislative Provisions not Adopted........................... 865
Department of Defense employee voluntary early
retirement authority............................... 865
Extension of authority for voluntary separations in
reductions in force................................ 866
Extension, revision, and expansion of authorities for
use of voluntary separation incentive pay and
voluntary early retirement......................... 866
Strategic plan....................................... 866
Title XII--Matters Relating to Other Nations..................... 866
Legislative Provisions Adopted............................... 866
Subtitle A--Matters Related to Arms Control.............. 866
Support of United Nations-sponsored efforts to
inspect and monitor Iraqi weapons activities (sec.
1201).............................................. 866
Support of consultations on Arab and Israeli arms
control and regional security issues (sec. 1202)... 866
Furnishing of nuclear test monitoring equipment to
foreign governments (sec. 1203).................... 867
Additional matters for annual report on transfers of
militarily sensitive technology to countries and
entities of concern (sec. 1204).................... 867
Subtitle B--Matters Relating to the Balkans.............. 867
Annual report assessing effect of continued
operations in the Balkans region on readiness to
execute the national military strategy (sec. 1211). 867
Situation in the Balkans (sec. 1212)................. 868
Semiannual report on Kosovo peacekeeping (sec. 1213). 868
Subtitle C--North Atlantic Treaty Organization and United
States Forces in Europe................................ 869
NATO fair burdensharing (sec. 1221).................. 869
Repeal of restriction preventing cooperative airlift
support through acquisition and cross-servicing
agreements (sec. 1222)............................. 870
GAO study on the benefits and costs of the United
States military engagement in Europe (sec. 1223)... 870
Subtitle D--Other Matters................................ 870
Joint data exchange center with Russian Federation on
early warning systems and notification of ballistic
missile launches (sec. 1231)....................... 870
Report on sharing and exchange of ballistic missile
launch early warning data (sec. 1232).............. 871
Annual report of Communist Chinese military companies
operating in the United States (sec. 1233)......... 871
Adjustment of composite theoretical performance
levels of high performance computers (sec. 1234)... 871
Increased authority to provide healthcare services as
humanitarian and civic assistance (sec. 1235)...... 872
Sense of Congress regarding the use of children as
soldiers (sec. 1236)............................... 872
Sense of Congress regarding undersea rescue and
recovery (sec. 1237)............................... 873
United States-China Security Review Commission (sec.
1238).............................................. 873
Legislative Provisions not Adopted........................... 873
Limitation on number of military personnel in
Colombia........................................... 873
Prohibition on assumption by United States Government
of liability for nuclear accidents in North Korea.. 874
Title XIII--Cooperative Threat Reduction With States of the
Former Soviet Union............................................ 874
Legislative Provisions Adopted............................... 874
Specification of cooperative threat reduction
programs and funds (sec. 1301)..................... 874
Funding allocations (sec. 1302)...................... 874
Prohibition on use of funds for elimination of
conventional weapons (sec. 1303)................... 875
Limitations on use of funds for fissile material
storage facility (sec. 1304)....................... 875
Limitation on use of funds to support warhead
dismantlement processing (sec. 1305)............... 875
Agreement on nuclear weapons storage sites (sec.
1306).............................................. 875
Limitation on use of funds for construction of fossil
fuel energy plants; report (sec. 1307)............. 876
Reports on activities and assistance under
cooperative threat reduction programs (sec. 1308).. 876
Russian chemical weapons elimination (sec. 1309)..... 877
Limitation on use of funds for elimination of weapons
grade plutonium program (sec. 1310)................ 878
Report on audits of Cooperative Threat Reduction
programs (sec. 1311)............................... 878
Legislative Provisions Not Adopted........................... 878
Limitation on use of funds for prevention of
biological weapons proliferation in Russia......... 878
Title XIV--Commission to Assess the Threat to the United States
from Electromagnetic Pulse (EMP) Attack........................ 879
Legislative Provisions Adopted............................... 879
Commission to assess the threat to the United States
from electromagnetic pulse (EMP) attack (secs.
1401-1409)......................................... 879
Title XV--Navy Activities on the Island of Vieques, Puerto Rico.. 879
Legislative Provisions Adopted............................... 879
Navy activities on the island of Vieques, Puerto Rico
(secs. 1501-1508).................................. 879
Title XVI--Veterans Education Benefits........................... 881
Legislative Provisions Adopted............................... 881
Additional opportunity for certain VEAP participants
to enroll in basic educational assistance under
Montgomery G.I. Bill (sec. 1601)................... 881
Modification of authority to pay tuition for off-duty
training and education (sec. 1602)................. 882
Clarification of Department of Veterans Affairs duty
to assist (sec. 1611).............................. 882
Legislative Provisions not Adopted........................... 882
Modification of time for use by certain members of
the Selected Reserve of entitlement to educational
assistance......................................... 882
Modification of time for use by certain members of
Selected Reserve of entitlement to certain
educational assistance............................. 882
Short title.......................................... 882
Transfer of entitlement to educational assistance by
certain members of the armed forces................ 882
Title XVII--Assistance to Firefighters........................... 883
Legislative Provisions Adopted............................... 883
Assistance to Firefighters (secs. 1701-1707)......... 883
Title XVIII--Impact Aid.............................. 885
Legislative Provisions Adopted............................... 885
Impact Aid Reauthorization Act of 2000 (secs. 1801-
1818).............................................. 885
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS................. 885
Overview............................................. 885
Title XXI--Army.................................................. 905
Overview............................................. 905
Legislative Provisions Adopted............................... 905
Authorized Army construction and land acquisition
projects (sec. 2101)............................... 905
Family housing (sec. 2102)........................... 905
Improvements to military family housing units (sec.
2103).............................................. 906
Authorization of appropriations, Army (sec. 2104).... 906
Modification of authority to carry out certain fiscal
year 2000 projects (sec. 2105)..................... 906
Modification of authority to carry out certain fiscal
year 1999 projects (sec. 2106)..................... 906
Modification of authority to carry out fiscal year
1998 project (sec. 2107)........................... 907
Authority to accept funds for realignment of certain
military construction project, Fort Campbell,
Kentucky (sec. 2108)............................... 907
Title XXII--Navy................................................. 907
Overview............................................. 907
Items of Special Interest.................................... 908
Improvements to military family housing, Navy........ 908
Legislative Provisions Adopted............................... 908
Authorized Navy construction and land acquisition
projects (sec. 2201)............................... 908
Family housing (sec. 2202)........................... 908
Improvements to military family housing units (sec.
2203).............................................. 908
Authorization of appropriations, Navy (sec. 2204).... 908
Modification of authority to carry out fiscal year
1997 project at Marine Corps Combat Development
Command, Quantico, Virginia (sec. 2205)............ 909
Title XXIII--Air Force........................................... 909
Overview............................................. 909
Legislative Provisions Adopted............................... 909
Authorized Air Force construction and land
acquisition projects (sec. 2301)................... 909
Family housing (sec. 2302)........................... 909
Improvements to military family housing units (sec.
2303).............................................. 910
Authorization of appropriations, Air Force (sec.
2304).............................................. 910
Title XXIV--Defense Agencies..................................... 910
Overview............................................. 910
Items of Special Interest.................................... 910
Military construction projects, Manta Air Base,
Ecuador............................................ 910
Legislative Provisions Adopted............................... 911
Authorized Defense Agencies construction and land
acquisition projects (sec. 2401)................... 911
Energy conservation projects (sec. 2402)............. 911
Authorization of appropriations, Defense Agencies
(sec. 2403)........................................ 911
Modification of authority to carry out certain fiscal
year 1990 project (sec. 2404)...................... 911
Title XXV--North Atlantic Treaty Organization Security Investment
Program........................................................ 912
Overview............................................. 912
Legislative Provisions Adopted............................... 912
Authorized NATO construction and land acquisition
projects (sec. 2501)............................... 912
Authorization of appropriations, NATO (sec. 2502).... 912
Title XXVI--Guard and Reserve Forces Facilities.................. 912
Overview............................................. 912
Items of Special Interest.................................... 913
Support for Weapons of Mass Destruction Civil Support
Teams.............................................. 913
Legislative Provisions Adopted............................... 913
Authorized Guard and Reserve construction and land
acquisition projects (sec. 2601)................... 913
Authority to contribute to construction of airport
tower, Cheyenne Airport, Cheyenne, Wyoming (sec.
2602).............................................. 913
Title XXVII--Expiration and Extension of Authorizations.......... 913
Legislative Provisions Adopted............................... 913
Expiration of authorizations and amounts required to
be specified by law (sec. 2701).................... 913
Extension of authorizations of certain fiscal year
1998 projects (sec. 2702).......................... 914
Extension of authorizations of certain fiscal year
1997 projects (sec. 2703).......................... 914
Effective date (sec. 2704)........................... 914
Title XXVIII--General Provisions................................. 914
Subtitle A--Military Construction Program and Military
Family Housing Changes................................. 914
Joint use military construction projects (sec. 2801). 914
Exclusion of certain costs from determination of
applicability of limitation on use of funds for
improvement of family housing (sec. 2802).......... 915
Revision of space limitations for military family
housing (sec. 2803)................................ 915
Modification of lease authority for high-cost
military family housing (sec. 2804)................ 915
Provision of utilities and services under alternative
authority for acquisition and improvement of
military housing (sec. 2805)....................... 916
Extension of alternative authority for acquisition
and improvement of military housing (sec. 2806).... 916
Expansion of definition of armory to include
readiness centers (sec. 2807)...................... 916
Subtitle B--Real Property and Facilities Administration.. 917
Increase in threshold for notice and wait
requirements for real property transactions (sec.
2811).............................................. 917
Enhancement of authority of military departments to
lease non-excess property (sec. 2812).............. 917
Conveyance authority regarding utility systems of
military departments (sec. 2813)................... 917
Permanent conveyance authority to improve property
management (sec. 2814)............................. 918
Subtitle C--Defense Base Closure and Realignment......... 918
Scope of agreements to transfer property to
redevelopment authorities without consideration
under the base closure laws (sec. 2821)............ 918
Subtitle D--Land Conveyances............................. 919
Part I--Army Conveyances................................. 919
Transfer of jurisdiction, Rock Island Arsenal,
Illinois (sec. 2831)............................... 919
Land conveyance, Army Reserve Center, Galesburg,
Illinois (sec. 2832)............................... 919
Land conveyance, Charles Melvin Price Support Center,
Illinois (sec. 2833)............................... 919
Land conveyance, Fort Riley, Kansas (sec. 2834)...... 919
Land conveyance, Fort Polk, Louisiana (sec. 2835).... 920
Land conveyance, Army Reserve Center, Winona,
Minnesota (sec. 2836).............................. 920
Land conveyance, Fort Dix, New Jersey (sec. 2837).... 920
Land conveyance, Nike Site 43, Elrama, Pennsylvania
(sec. 2838)........................................ 920
Land exchange, Army Reserve Local Training Center,
Chattanooga, Tennessee (sec. 2839)................. 920
Land exchange, Fort Hood, Texas (sec. 2840).......... 921
Land conveyance, Fort Pickett, Virginia (sec. 2841).. 921
Land conveyance, Fort Lawton, Washington (sec. 2842). 921
Land conveyance, Vancouver Barracks, Washington (sec.
2843).............................................. 921
Part II--Navy Conveyances................................ 922
Modification of land conveyance, Marine Corps Air
Station, El Toro, California (sec. 2846)........... 922
Modification of authority for Oxnard Harbor District,
Port Hueneme, California, to use certain Navy
property (sec. 2847)............................... 922
Transfer of jurisdiction, Marine Corps Air Station,
Miramar, California (sec. 2848).................... 922
Land exchange, Marine Corps Recruit Depot, San Diego,
California (sec. 2849)............................. 922
Lease of property, Naval Air Station, Pensacola,
Florida (sec. 2850)................................ 923
Land conveyance, Naval Reserve Center, Tampa, Florida
(sec. 2851)........................................ 923
Modification of land conveyance, Defense Fuel Supply
Point, Casco Bay, Maine (sec. 2852)................ 923
Land conveyance, Naval Computer and
Telecommunications Station, Cutler, Maine (sec.
2853).............................................. 923
Modification of land conveyance authority, former
Naval Training Center, Bainbridge, Cecil County,
Maryland (sec. 2854)............................... 924
Land conveyance, Marine Corps Base, Camp Lejeune,
North Carolina (sec. 2855)......................... 924
Land exchange, Naval Air Reserve Center, Columbus,
Ohio (sec. 2856)................................... 924
Land conveyance, Naval Station, Bremerton, Washington
(sec. 2857)........................................ 924
Part III--Air Force Conveyances.......................... 925
Land conveyance, Los Angeles Air Force Base,
California (sec. 2861)............................. 925
Land conveyance, Point Arena Air Force Station,
California (sec. 2862)............................. 925
Land conveyance, Lowry Air Force Base, Colorado (sec.
2863).............................................. 925
Land conveyance, Wright Patterson Air Force Base,
Ohio (sec. 2864)................................... 926
Modification of land conveyance, Ellsworth Air Force
Base, South Dakota (sec. 2865)..................... 926
Land conveyance, Mukilteo Tank Farm, Everett,
Washington (sec. 2866)............................. 926
Part IV--Other Conveyances............................... 926
Land conveyance, Army and Air Force Exchange Service
property, Farmers Branch, Texas (sec. 2871)........ 926
Land conveyance, former National Ground Intelligence
Center, Charlottesville, Virginia (sec. 2872)...... 927
Subtitle E--Other Matters................................ 927
Relation of easement authority to leased parkland,
Marine Corps Base, Camp Pendleton, California (sec.
2881).............................................. 927
Extension of demonstration project for purchase of
fire, security, police, public works, and utility
services from local government agencies (sec. 2882) 927
Acceptance and use of gifts for construction of third
building at United States Air Force Museum, Wright-
Patterson Air Force Base, Ohio (sec. 2883)......... 928
Development of Marine Corps Heritage Center at Marine
Corps Base, Quantico, Virginia (sec. 2884)......... 928
Activities relating to the greenbelt at Fallon Naval
Air Station, Nevada (sec. 2885).................... 928
Establishment of World War II Memorial on Guam (sec.
2886).............................................. 929
Naming of Army Missile Testing Range at Kwajalein
Atoll as the Ronald Reagan Ballistic Missile
Defense Test Site at Kwajalein Atoll (sec. 2887)... 929
Designation of Building at Fort Belvoir, Virginia, in
honor of Andrew T. McNamara (sec. 2888)............ 929
Designation of Balboa Naval Hospital, San Diego,
California, in honor of Bob Wilson, a former member
of the House of Representatives (sec. 2889)........ 929
Sense of Congress regarding importance of expansion
of National Training Center, Fort Irwin, California
(sec. 2890)........................................ 929
Sense of Congress regarding land transfers at Melrose
Range, New Mexico, and Yakima Training Center,
Washington (sec. 2891)............................. 930
Legislative Provisions not Adopted........................... 930
Applicability of competition policy to alternative
authority for acquisition and improvement of
military family housing............................ 930
Land conveyance, Colonel Harold E. Steele Army
Reserve Center and Maintenance Shop, Pittsburgh,
Pennsylvania....................................... 930
Land conveyance, Lieutenant General Malcolm Hay Army
Reserve Center, Pittsburgh, Pennsylvania........... 931
Lease of property, Marine Corps Air Station, Miramar,
California......................................... 931
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS....................................... 931
Title XXXI--Department of Energy National Security Programs...... 931
Overview............................................. 931
Items of Special Interest.................................... 946
Report on authorities and limitations in general
recurring provisions............................... 946
Legislative Provisions Adopted............................... 946
Subtitle A--National Security Programs Authorizations.... 946
National Nuclear Security Administration (sec. 3101). 946
Defense environmental restoration and waste
management (sec. 3102)............................. 951
Other defense activities (sec. 3103)................. 953
Defense environmental management privatization (sec.
3104).............................................. 955
Defense nuclear waste disposal (sec. 3105)........... 956
Subtitle B--Recurring General Provisions................. 956
Reprogramming (sec. 3121)............................ 956
Limits on general plant projects (sec. 3122)......... 956
Limits on construction projects (sec. 3123).......... 956
Fund transfer authority (sec. 3124).................. 957
Authority for conceptual and construction design
(sec. 3125)........................................ 957
Authority for emergency planning, design, and
construction activities (sec. 3126)................ 957
Funds available for all national security programs of
the Department of Energy (sec. 3127)............... 957
Availability of funds (sec. 3128).................... 958
Transfers of defense environmental management funds
(sec. 3129)........................................ 958
Subtitle C--Program Authorizations, Restrictions, and
Limitations............................................ 958
Funding for termination costs of River Protection
Project, Richland, Washington (sec. 3131).......... 958
Enhanced cooperation between National Nuclear
Security Administration and Ballistic Missile
Defense Organization (sec. 3132)................... 959
Reprogramming of funds available for infrastructure
upgrades or maintenance in certain accounts of the
National Nuclear Security Administration (sec.
3133).............................................. 959
Adjustment of composite theoretical performance
levels for post-shipment verification reports on
advanced supercomputers sales to certain foreign
nations (sec. 3134)................................ 959
Modification of counterintelligence polygraph program
(sec. 3135)........................................ 959
Employee incentives for employees at closure project
facilities (sec. 3136)............................. 960
Continuation of processing, treatment, and
disposition of legacy nuclear materials (sec. 3137) 960
Limitation on use of certain funds pending
certifications of compliance with Formerly Utilized
Sites Remedial Action Program funding prohibition
(sec. 3138)........................................ 961
Conceptual design for Subsurface Geosciences
Laboratory at Idaho National Engineering and
Environmental Laboratory, Idaho Falls, Idaho (sec.
3139).............................................. 961
Report on National Ignition Facility, Lawrence
Livermore National Laboratory, Livermore,
California (sec. 3140)............................. 962
River Protection Project, Richland, Washington (sec.
3141).............................................. 962
Report on tank waste remediation system, Hanford
Reservation, Richland, Washington (sec. 3142)...... 963
Subtitle D--Matters Relating to Management of National
Nuclear Security Administration........................ 963
Term of office of person first appointed as Under
Secretary for Nuclear Security of the Department of
Energy (sec. 3151)................................. 963
Membership of Under Secretary for Nuclear Security on
the Joint Nuclear Weapons Council (sec. 3152)...... 963
Organization plan for field offices of the National
Nuclear Security Administration (sec. 3153)........ 963
Required contents of future-years nuclear security
program (sec. 3154)................................ 964
Future-years nuclear security program for fiscal year
2001 (sec. 3155)................................... 964
Engineering and manufacturing research, development,
and demonstration by plant managers of certain
nuclear weapons production plants (sec. 3156)...... 965
Prohibition on individuals engaging in concurrent
service or duties within National Nuclear Security
Administration and outside that Administration but
within Department of Energy (sec. 3157)............ 965
Annual plan for obligation of funds of the National
Nuclear Security Administration (sec. 3158)........ 966
Authority to reorganize National Nuclear Security
Administration (sec. 3159)......................... 966
Subtitle E--National Laboratories Partnership Improvement 966
Technology Infrastructure Pilot Program (sec. 3161).. 966
Report on small business participation in National
Nuclear Security Administration activities (sec.
3162).............................................. 967
Study and report related to improving mission
effectiveness, partnerships, and technology
transfer at national security laboratories and
nuclear weapons production facilities (sec. 3163).. 967
Report on effectiveness of National Nuclear Security
Administration technology development partnerships
with non-Federal entities (sec. 3164).............. 968
Definitions (sec. 3165).............................. 969
Subtitle F--Matters Relating to Defense Nuclear
Nonproliferation....................................... 969
Matters Relating to Defense Nuclear Nonproliferation
(secs. 3171-3175).................................. 969
Subtitle G--Other Matters................................ 970
Extension of authority for appointment of certain
scientific, engineering, and technical personnel
(sec. 3191)........................................ 970
Biennial report containing update on nuclear test
readiness postures (sec. 3192)..................... 971
Frequency of reports on inadvertent releases of
restricted data and formerly restricted data (sec.
3193).............................................. 971
Form of certifications regarding the safety or
reliability of the nuclear weapons stockpile (sec.
3194).............................................. 971
Authority to provide certificate of commendation to
Department of Energy and contractor employees for
exemplary service in stockpile stewardship and
security (sec. 3195)............................... 971
Cooperative research and development agreements for
government-owned, contractor-operated laboratories
(sec. 3196)........................................ 972
Office of Arctic Energy (sec. 3197).................. 972
Legislative Provisions not Adopted........................... 972
Conformance with National Nuclear Security
Administration organizational structure............ 972
Construction of National Nuclear Security
Administration Operations Office Complex........... 973
Energy employees compensation initiative............. 973
Environmental management closure projects............ 973
Other transactions................................... 973
Sense of the Congress regarding compensation and
health care for personnel of the Department of
Energy and its contractors and vendors who have
sustained beryllium, silica, and radiation-related
injury............................................. 974
Short title.......................................... 974
Technology partnerships ombudsman.................... 974
Title XXXII--Defense Nuclear Facilities Safety Board............. 974
Legislative Provisions Adopted............................... 974
Defense Nuclear Facilities Safety Board (sec. 3201).. 974
Title XXXIII--National Defense Stockpile......................... 975
Legislative Provisions Adopted............................... 975
Authorized uses of stockpile funds (sec. 3301)....... 975
Increased receipts under prior disposal authority
(sec. 3302)........................................ 975
Disposal of titanium (sec. 3303)..................... 975
Title XXXIV--Naval Petroleum Reserves............................ 976
Legislative Provisions Adopted............................... 976
Minimum price of petroleum sold from certain naval
petroleum reserves (sec. 3401)..................... 976
Repeal of authority to contract for cooperative or
unit plans affecting Naval Petroleum Reserve
Numbered 1 (sec. 3402)............................. 976
Disposal of Oil Shale Reserve Numbered 2 (sec. 3403). 976
Title XXXV--Maritime Administration.............................. 977
Legislative Provisions Adopted............................... 977
Authorization of appropriations for fiscal year 2001
(sec. 3501)........................................ 977
Scrapping of National Defense Reserve Fleet vessels
(sec. 3502)........................................ 977
Authority to convey National Defense Reserve Fleet
vessel, Glacier (sec. 3503)........................ 978
Maritime intermodal research (sec. 3504)............. 978
Maritime research and technology development (sec.
3505).............................................. 979
Reporting of administered and oversight funds (sec.
3506).............................................. 979
Legislative Provisions not Adopted........................... 979
Authority to convey offshore drill rig Ocean Star.... 979
Title XXXVI--Energy Employees Occupational Illness Compensation
Program........................................................ 979
Legislative Provisions Adopted............................... 980
Short title (sec. 3601).............................. 980
Findings; sense of Congress (sec. 3602).............. 980
Subtitle A--Establishment of Compensation Program and
Compensation Fund...................................... 980
Establishment of Energy Employees Occupational
Illness Compensation Program (sec. 3611)........... 980
Establishment of Energy Employees Occupational
Illness Compensation Fund (sec. 3612).............. 980
Legislative proposal (sec. 3613)..................... 980
Authorization of appropriations (sec. 3614).......... 981
Subtitle B--Program Administration....................... 981
Definitions for program administration (sec. 3621)... 981
Expansion of list of beryllium vendors (sec. 3622)... 981
Exposure in the performance of duty (sec. 3623)...... 981
Advisory Board on Radiation and Worker Health (sec.
3624).............................................. 981
Responsibilities of Secretary of Health and Human
Services (sec. 3625)............................... 981
Designation of additional members of Special Exposure
Cohort (sec. 3626)................................. 981
Separate treatment of chronic silicosis (sec. 3627).. 982
Compensation and benefits to be provided (sec. 3628). 982
Medical benefits (sec. 3629)......................... 982
Separate treatment of certain uranium employees (sec.
3630).............................................. 982
Assistance for claimants and potential claimants
(sec. 3631)........................................ 983
Subtitle C--Treatment, Coordination, and Forfeiture of
Compensation and Benefits.............................. 983
Offset for certain payments (sec. 3641).............. 983
Subrogation of the United States (sec. 3642)......... 983
Payment in full settlement of claims (sec. 3643)..... 983
Exclusivity of remedy against the United States and
against contractors and subcontractors (sec. 3644). 983
Election of remedy for beryllium employees and atomic
weapons employees (sec. 3645)...................... 983
Certification of treatment of payments under other
laws (sec. 3646)................................... 983
Claims not assignable or transferrable; choice of
remedies (sec. 3647)............................... 984
Attorney fees (sec. 3648)............................ 984
Certain claims not affected by awards of damages
(sec. 3649)........................................ 984
Forfeiture of benefits by convicted felons (sec.
3650).............................................. 984
Coordination with other Federal radiation
compensation laws (sec. 3651)...................... 984
Subtitle D--Assistance in State Workers' Compensation
Proceedings............................................ 984
Agreements with States (sec. 3661)................... 984
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-945
======================================================================
ENACTMENT OF PROVISIONS OF H.R. 5408, THE FLOYD D. SPENCE NATIONAL
DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001
_______
October 6, 2000.--Ordered to be printed
_______
Mr. Spence, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 4205]
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
4205), to authorize appropriations for fiscal year 2001 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year
for the Armed Forces, and for other purposes, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION
ACT.
The provisions of H.R. 5408 of the 106th Congress, as
introduced on October 6, 2000, are hereby enacted into law.
SEC. 2. PUBLICATION OF ACT.
In publishing this Act in slip form and in the United
States Statutes at Large pursuant to section 112 of title 1,
United States Code, the Archivist of the United States shall
include after the date of approval an appendix setting forth
the text of the bill referred to in section 1.
And the Senate agree to the same.
From the Committee on Armed Services, for consideration
of the House bill and the Senate amendment, and
modifications committed to conference:
Floyd Spence,
Bob Stump,
Duncan Hunter,
John R. Kasich,
James V. Hansen,
Curt Weldon,
Joel Hefley,
Jim Saxton,
Steve Buyer,
Tillie K. Fowler,
John M. McHugh,
James M. Talent,
Terry Everett,
Roscoe G. Bartlett,
Howard ``Buck'' McKeon,
J.C. Watts, Jr.,
Mack Thornberry,
John N. Hostettler,
Saxby Chambliss,
Ike Skelton,
Norman Sisisky
John Spratt,
Solomon P. Ortiz,
Owen B. Pickett,
Lane Evans,
Gene Taylor,
Neil Abercrombie,
Martin T. Meehan,
Robert A. Underwood,
Thomas Allen,
Vic Snyder,
James H. Maloney,
Mike McIntyre,
Ellen O. Tauscher,
Mike Thompson,
Provided that Mr. Kuykendall is appointed in lieu of
Mr. Kasich for consideration of section 2863 of the
House bill, and section 2862 of the Senate amendment,
and modifications committed to conference:
Steven T. Kuykendall,
From the Permanent Select Committee on Intelligence,
for consideration of matters within the jurisdiction of
that committee under clause 11 of rule X:
Porter J. Goss,
Jerry Lewis,
Julian C. Dixon,
From the Committee on Commerce, for consideration of
sections 601, 725, and 1501 of the House bill, and
sections 342, 601, 618, 701, 1073, 1402, 2812, 3131,
3133, 3134, 3138, 3152, 3154, 3155, 3167-3169, 3171,
3201, and 3301-3303 of the Senate amendment, and
modifications committed to conference:
Tom Bliley,
Joe Barton,
John D. Dingell,
Provided that Mr. Bilirakis is appointed in lieu of Mr.
Barton of Texas for consideration of sections 601 and
725 of the House bill, and sections 601, 618, 701, and
1073 of the Senate amendment, and modifications
committed to conference:
Mike Bilirakis,
Provided that Mr. Oxley is appointed in lieu of Mr.
Barton of Texas for consideration of section 1501 of
the House bill, and sections 342 and 2812 of the Senate
amendment, and modifications committed to conference:
Michael G. Oxley,
From the Committee on Education and the Workforce, for
consideration of sections 341, 342, 504, and 1106 of
the House bill, and sections 311, 379, 553, 669, 1053,
and title XXXV of the Senate amendment, and
modifications committed to conference:
Bill Goodling,
Van Hilleary,
Patsy T. Mink,
From the Committee on Government Reform, for
consideration of sections 518, 651, 723, 801, 906,
1101-1104, 1106, 1107, and 3137 of the House bill, and
sections 643, 651, 801, 806, 810, 814-816, 1010A 1044,
1045, 1057, 1063, 1069, 1073, 1101, 1102, 1104, and
1106-1118, title XIV, and sections 2871, 2881, 3155,
and 3171 of the Senate amendment, and modifications
committed to conference:
Dan Burton,
Joe Scarborough,
Henry A. Waxman,
Provided that Mr. Horn is appointed in lieu of Mr.
Scarborough for consideration of section 801 of the
House bill, and sections 801, 806, 810, 814-816, 1010A,
1044, 1045, 1057, 1063, and 1101, title XIV, and
sections 2871 and 2881 of the Senate amendment, and
modifications committee to conference:
Stephen Horn,
Provided that Mr. McHugh is appointed in lieu of Mr.
Scarborough for consideration of section 1073 of the
Senate amendment, and modifications committed to
conference:
John M. McHugh,
From the Committee on House Administration, for
consideration of sections 561-563 of the Senate
amendment, and modifications committed to conference:
William M. Thomas,
John Boehner,
Steny H. Hoyer,
From the Committee on International Relations, for
consideration of sections 1201, 1205, 1209, and 1210,
title XIII, and section 3136 of the House bill, and
sections 1011, 1201-1203, 1206 1208, 1209, 1212, 1214,
3178, and 3193 of the Senate amendment, and
modifications committed to conference:
Bill Goodling,
From the Committee on the Judiciary, for consideration
of sections 543 and 906 of the House bill, and sections
506, 645, 663, 668, 909, 1068, and 1106, title XV, and
title XXXV of the Senate amendment, and modifications
committed to conference:
Henry Hyde,
Charles T. Canady,
From the Committee on Resources, for consideration of
sections 312, 601, 1501, 2853, 2883, and 3402 of the
House bill, and sections 601 and 1059, title XIII, and
sections 2871, 2893, and 3303 of the Senate amendment,
and modifications committed to conference:
Don Young,
Billy Tauzin,
From the Committee on Transportation and
Infrastructure, for consideration of sections 601,
2839, and 2881 of the House bill, and sections 502,
601, and 1072 of the Senate amendment, and
modifications committed to conference:
Bud Shuster,
Wayne T. Gilchrest
Brian Baird,
Provided that Mr. Pascrell is appointed in lieu of Mr.
Baird for consideration of section 1072 of the Senate
amendment, and modifications committed to conference:
Bill Pascrell, Jr.,
From the Committee on Veterans' Affairs, for
consideration of sections 535, 738, and 2831 of the
House bill, and sections 561-563, 648, 664-666, 671,
672, 682-684, 721, 722, and 1067 of the Senate
amendment, and modifications committed to conference:
Michael Bilirakis,
Jack Quinn,
Corrine Brown,
From the Committee on Ways and Means, for consideration
of section 725 of the House bill, and section 701 of
the Senate amendment, and modifications committed to
conference:
William M. Thomas,
Managers on the Part of the House.
John W. Warner,
Strom Thurmond,
John McCain,
Bob Smith,
James Inhofe,
Rick Santorum,
Olympia J. Snowe,
Pat Roberts,
Wayne Allard,
Tim Hutchinson,
Jeff Sessions,
Carl Levin,
Edward Kennedy,
Jeff Bingaman,
Robert C. Byrd,
Chuck Robb,
Joe Lieberman,
Max Cleland,
Mary L. Landrieu,
Jack Reed,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 4205) to
authorize appropriations for fiscal year 2001 for military
activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year
for the Armed Forces, and for other purposes, submit the
following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report:
The Senate amendment struck out all of the House bill
after the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment which is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
The conference agreement would enact the provisions of
H.R. 5408 as introduced on October 6, 2000. The text of that
bill follows:
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001''.
(b) Findings.--Congress makes the following findings:
(1) Representative Floyd D. Spence of South
Carolina was elected to the House of Representatives in
1970, for service in the 92d Congress, after serving in
the South Carolina legislature for 10 years, and he has
been reelected to each subsequent Congress.
(2) Representative Spence came to Congress as a
distinguished veteran of service in the Armed Forces of
the United States.
(3) Upon graduation from college in 1952,
Representative Spence was commissioned as an ensign in
the United States Naval Reserve. After entering active
duty, he served with distinction aboard the USS CARTER
HALL and the USS LSM-397 during the Korean War and
later served as commanding officer of a Naval Reserve
Surface Division and as group commander of all Naval
Reserve units in Columbia, South Carolina.
Representative Spence retired from the Naval Reserve in
1988 in the grade of captain, after 41 years of
dedicated service.
(4) Upon election to the House of Representatives,
Representative Spence became a member of the Committee
on Armed Services of that body. During 30 years of
service on that committee (4 years of which were served
while the committee was known as the Committee on
National Security), Representative Spence's
contributions to the national defense and security of
the United States have been profound and long lasting.
(5) Representative Spence served as chairman of
that committee while known as the Committee on National
Security during the 104th and 105th Congresses and
serves as chairman of that committee for the 106th
Congress. In addition, Representative Spence served as
the ranking minority member of the Committee on Armed
Services during the 103d Congress.
(6) Dozens of awards from active duty and reserve
military, veterans service, military retiree, and
industry organizations and associations have recognized
the distinguished character of Representative Spence's
service to the Nation.
(7) Representative Spence has been a leading figure
in the debate over many of the most critical military
readiness, health care, recruiting, and retention
issues currently confronting the Nation's military. His
concern for the men and women in uniform has been
unwavering, and his accomplishments in promoting and
gaining support for those issues that preserve the
combat effectiveness, morale, and quality of life of
the Nation's military personnel have been unparalleled.
(8) During his tenure as chairman of the Committee
on National Security and the Committee on Armed
Services of the House of Representatives,
Representative Spence has--
(A) led efforts to identify and reverse the
effect that declining resources and rising
commitments have had on military quality of
life for service members and their families, on
combat readiness, and on equipment
modernization, with a direct result of those
diligent efforts and of his willingness to be
an outspoken proponent for America's military
being that Congress has added nearly
$50,000,000,000 to the President's defense
budgets over the past 5 years;
(B) been a leading proponent of the need to
expeditiously develop and field a national
missile defense to protect American citizens
and forward deployed military forces from
growing ballistic missile threats;
(C) advocated reversing the growing
disparity between actual military capability
and the requirements associated with the
National Military Strategy; and
(D) led efforts in Congress to reform
Department of Defense acquisition and
management headquarters and infrastructure and
business practices.
(9) This Act is the 30th annual authorization bill
for the Department of Defense for which Representative
Spence has taken a major responsibility as a member of
the Committee on Armed Services of the House of
Representatives (including 4 years while that committee
was known as the Committee on National Security).
(10) In light of the findings in the preceding
paragraphs, it is altogether fitting and proper that
this Act be named in honor of Representative Floyd D.
Spence of South Carolina, as provided in subsection
(a).
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense
Authorizations.
(2) Division B--Military Construction
Authorizations.
(3) Division C--Department of Energy National
Security Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority.
Sec. 112. Increase in limitation on number of bunker defeat munitions
that may be acquired.
Sec. 113. Reports and limitations relating to Army transformation.
Subtitle C--Navy Programs
Sec. 121. CVNX-1 nuclear aircraft carrier program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Virginia class submarine program.
Sec. 124. Limitation during fiscal year 2001 on changes in submarine
force structure.
Sec. 125. ADC(X) ship program.
Sec. 126. Refueling and complex overhaul program of the U.S.S. Dwight D.
Eisenhower.
Sec. 127. Analysis of certain shipbuilding programs.
Sec. 128. Helicopter support of FFG-7 frigates during fiscal year 2001.
Sec. 129. V-22 cockpit aircraft voice and flight data recorders.
Subtitle D--Air Force Programs
Sec. 131. Annual report on B-2 bomber.
Sec. 132. Report on modernization of Air National Guard F-16A units.
Subtitle E--Joint Programs
Sec. 141. Study of final assembly and checkout alternatives for the
Joint Strike Fighter program.
Subtitle F--Chemical Demilitarization
Sec. 151. Pueblo Chemical Depot chemical agent and munitions destruction
technologies.
Sec. 152. Report on assessment of need for Federal economic assistance
for communities impacted by chemical demilitarization
activities.
Sec. 153. Prohibition against disposal of non-stockpile chemical warfare
material at Anniston chemical stockpile disposal facility.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Management of Space-Based Infrared System--Low.
Sec. 212. Joint Strike Fighter program.
Sec. 213. Fiscal year 2002 joint field experiment.
Sec. 214. Nuclear aircraft carrier design and production modeling.
Sec. 215. DD-21 class destroyer program.
Sec. 216. Limitation on Russian American Observation Satellites program.
Sec. 217. Joint biological defense program.
Sec. 218. Report on biological warfare defense vaccine research and
development programs.
Sec. 219. Cost limitations applicable to F-22 aircraft program.
Sec. 220. Unmanned advanced capability combat aircraft and ground combat
vehicles.
Sec. 221. Global Hawk high altitude endurance unmanned aerial vehicle.
Sec. 222. Army space control technology development.
Subtitle C--Ballistic Missile Defense
Sec. 231. Funding for fiscal year 2001.
Sec. 232. Reports on ballistic missile threat posed by North Korea.
Sec. 233. Plan to modify ballistic missile defense architecture.
Sec. 234. Management of Airborne Laser program.
Subtitle D--High Energy Laser Programs
Sec. 241. Funding.
Sec. 242. Implementation of High Energy Laser Master Plan.
Sec. 243. Designation of senior official for high energy laser programs.
Sec. 244. Site for Joint Technology Office.
Sec. 245. High energy laser infrastructure improvements.
Sec. 246. Cooperative programs and activities.
Sec. 247. Technology plan.
Sec. 248. Annual report.
Sec. 249. Definition.
Sec. 250. Review of defense-wide directed energy programs.
Subtitle E--Other Matters
Sec. 251. Reports on mobile offshore base concept and potential use for
certain purposes of technologies associated with that concept.
Sec. 252. Air Force science and technology planning.
Sec. 253. Enhancement of authorities regarding education partnerships
for purposes of encouraging scientific study.
Sec. 254. Recognition of those individuals instrumental to naval
research efforts during the period from before World War II
through the end of the Cold War.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Joint warfighting capabilities assessment teams.
Subtitle B--Environmental Provisions
Sec. 311. Establishment of additional environmental restoration account
and use of accounts for operation and monitoring of
environmental remedies.
Sec. 312. Certain environmental restoration activities.
Sec. 313. Annual reports under Strategic Environmental Research and
Development Program.
Sec. 314. Payment of fines and penalties for environmental compliance at
Fort Wainwright, Alaska.
Sec. 315. Payment of fines or penalties imposed for environmental
compliance violations at other Department of Defense
facilities.
Sec. 316. Reimbursement for certain costs in connection with the former
Nansemond Ordnance Depot Site, Suffolk, Virginia.
Sec. 317. Necessity of military low-level flight training to protect
national security and enhance military readiness.
Sec. 318. Ship disposal project.
Sec. 319. Defense Environmental Security Corporate Information
Management Program.
Sec. 320. Report on Plasma Energy Pyrolysis System.
Sec. 321. Sense of Congress regarding environmental restoration of
former defense manufacturing site, Santa Clarita, California.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 331. Use of appropriated funds to cover operating expenses of
commissary stores.
Sec. 332. Adjustment of sales prices of commissary store goods and
services to cover certain expenses.
Sec. 333. Use of surcharges for construction and improvement of
commissary stores.
Sec. 334. Inclusion of magazines and other periodicals as an authorized
commissary merchandise category.
Sec. 335. Use of most economical distribution method for distilled
spirits.
Sec. 336. Report on effects of availability of slot machines on United
States military installations overseas.
Subtitle D--Department of Defense Industrial Facilities
Sec. 341. Designation of Centers of Industrial and Technical Excellence
and public-private partnerships to increase utilization of
such centers.
Sec. 342. Unutilized and underutilized plant-capacity costs of United
States arsenals.
Sec. 343. Arsenal support program initiative.
Sec. 344. Codification and improvement of armament retooling and
manufacturing support programs.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 351. Inclusion of additional information in reports to Congress
required before conversion of commercial or industrial type
functions to contractor performance.
Sec. 352 Effects of outsourcing on overhead costs of Centers of
Industrial and Technical Excellence and Army ammunition
plants.
Sec. 353. Consolidation, restructuring, or reengineering of Department
of Defense organizations, functions, or activities.
Sec. 354. Monitoring of savings resulting from workforce reductions as
part of conversion of functions to performance by private
sector or other strategic sourcing initiatives.
Sec. 355. Performance of emergency response functions at chemical
weapons storage installations.
Sec. 356. Suspension of reorganization or relocation of Naval Audit
Service.
Subtitle F--Defense Dependents Education
Sec. 361. Eligibility of dependents of American Red Cross employees for
enrollment in Department of Defense domestic dependent schools
in Puerto Rico.
Sec. 362. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 363. Impact aid for children with severe disabilities.
Sec. 364. Assistance for maintenance, repair, and renovation of school
facilities that serve dependents of members of the Armed
Forces and Department of Defense civilian employees.
Subtitle G--Military Readiness Issues
Sec. 371. Measuring cannibalization of parts, supplies, and equipment
under readiness reporting system.
Sec. 372. Reporting requirements regarding transfers from high-priority
readiness appropriations.
Sec. 373. Effects of worldwide contingency operations on readiness of
military aircraft and equipment.
Sec. 374. Identification of requirements to reduce backlog in
maintenance and repair of defense facilities.
Sec. 375. New methodology for preparing budget requests to satisfy Army
readiness requirements.
Sec. 376. Review of AH-64 aircraft program.
Sec. 377. Report on Air Force spare and repair parts program for C-5
aircraft.
Subtitle H--Other Matters
Sec. 381. Annual report on public sale of certain military equipment
identified on United States Munitions List.
Sec. 382. Resale of armor-piercing ammunition disposed of by the Army.
Sec. 383. Reimbursement by civil air carriers for support provided at
Johnston Atoll.
Sec. 384. Travel by Reserves on military aircraft.
Sec. 385. Overseas airlift service on Civil Reserve Air Fleet aircraft.
Sec. 386. Additions to plan for ensuring visibility over all in-transit
end items and secondary items.
Sec. 387. Reauthorization of pilot program for acceptance and use of
landing fees charged for use of domestic military airfields by
civil aircraft.
Sec. 388. Extension of authority to sell certain aircraft for use in
wildfire suppression.
Sec. 389. Damage to aviation facilities caused by alkali silica
reactivity.
Sec. 390. Demonstration project to increase reserve component internet
access and services in rural communities.
Sec. 391. Additional conditions on implementation of Defense Joint
Accounting System.
Sec. 392. Report on Defense Travel System.
Sec. 393. Review of Department of Defense costs of maintaining
historical properties.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Adjustment to end strength flexibility authority.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2001 limitation on non-dual status technicians.
Sec. 415. Increase in numbers of members in certain grades authorized to
be on active duty in support of the Reserves.
Subtitle C--Other Matters Relating to Personnel Strengths
Sec. 421. Authority for Secretary of Defense to suspend certain
personnel strength limitations during war or national
emergency.
Sec. 422. Exclusion from active component end strengths of certain
reserve component members on active duty in support of the
combatant commands.
Sec. 423. Exclusion of Army and Air Force medical and dental officers
from limitation on strengths of reserve commissioned officers
in grades below brigadier general.
Sec. 424. Authority for temporary increases in number of reserve
component personnel serving on active duty or full-time
national guard duty in certain grades.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Eligibility of Army and Air Force Reserve colonels and
brigadier generals for position vacancy promotions.
Sec. 502. Flexibility in establishing promotion zones for Coast Guard
Reserve officers.
Sec. 503. Time for release of reports of officer promotion selection
boards.
Sec. 504. Clarification of requirements for composition of active-duty
list selection boards when reserve officers are under
consideration.
Sec. 505. Authority to issue posthumous commissions in the case of
members dying before official recommendation for appointment
or promotion is approved by Secretary concerned.
Sec. 506. Technical corrections relating to retired grade of reserve
commissioned officers.
Sec. 507. Grade of chiefs of reserve components and directors of
National Guard components.
Sec. 508. Revision to rules for entitlement to separation pay for
regular and reserve officers.
Subtitle B--Reserve Component Personnel Policy
Sec. 521. Exemption from active-duty list for reserve officers on active
duty for a period of three years or less.
Sec. 522. Termination of application requirement for consideration of
officers for continuation on the reserve active-status list.
Sec. 523. Authority to retain Air Force Reserve officers in all medical
specialties until specified age.
Sec. 524. Authority for provision of legal services to reserve component
members following release from active duty.
Sec. 525. Extension of involuntary civil service retirement date for
certain reserve technicians.
Subtitle C--Education and Training
Sec. 531. Eligibility of children of Reserves for Presidential
appointment to service academies.
Sec. 532. Selection of foreign students to receive instruction at
service academies.
Sec. 533. Revision of college tuition assistance program for members of
Marine Corps Platoon Leaders Class program.
Sec. 534. Review of allocation of Junior Reserve Officers Training Corps
units among the services.
Sec. 535. Authority for Naval Postgraduate School to enroll certain
defense industry civilians in specified programs relating to
defense product development.
Subtitle D--Decorations, Awards, and Commendations
Sec. 541. Limitation on award of Bronze Star to members in receipt of
imminent danger pay.
Sec. 542. Consideration of proposals for posthumous or honorary
promotions or appointments of members or former members of the
Armed Forces and other qualified persons.
Sec. 543. Waiver of time limitations for award of certain decorations to
certain persons.
Sec. 544. Addition of certain information to markers on graves
containing remains of certain unknowns from the U.S.S. Arizona
who died in the Japanese attack on Pearl Harbor on December 7,
1941.
Sec. 545. Sense of Congress on the court-martial conviction of Captain
Charles Butler McVay, Commander of the U.S.S. Indianapolis,
and on the courageous service of the crew of that vessel.
Sec. 546. Posthumous advancement on retired list of Rear Admiral Husband
E. Kimmel and Major General Walter C. Short, senior officers
in command in Hawaii on December 7, 1941.
Sec. 547. Commendation of citizens of Remy, France, for World War II
actions.
Sec. 548. Authority for Award of the Medal of Honor to William H.
Pitsenbarger for valor during the Vietnam War.
Subtitle E--Military Justice and Legal Assistance Matters
Sec. 551. Recognition by States of military testamentary instruments.
Sec. 552. Policy concerning rights of individuals whose names have been
entered into Department of Defense official criminal
investigative reports.
Sec. 553. Limitation on Secretarial authority to grant clemency for
military prisoners serving sentence of confinement for life
without eligibility for parole.
Sec. 554. Authority for civilian special agents of military department
criminal investigative organizations to execute warrants and
make arrests.
Sec. 555. Requirement for verbatim record in certain special court-
martial cases.
Sec. 556. Commemoration of the 50th anniversary of the Uniform Code of
Military Justice.
Subtitle F--Matters Relating to Recruiting
Sec. 561. Army recruiting pilot programs.
Sec. 562. Enhancement of recruitment market research and advertising
programs.
Sec. 563. Access to secondary schools for military recruiting purposes.
Sec. 564. Pilot program to enhance military recruiting by improving
military awareness of school counselors and educators.
Subtitle G--Other Matters
Sec. 571. Extension to end of calendar year of expiration date for
certain force drawdown transition authorities.
Sec. 572. Voluntary separation incentive.
Sec. 573. Congressional review period for assignment of women to duty on
submarines and for any proposed reconfiguration or design of
submarines to accommodate female crew members.
Sec. 574. Management and per diem requirements for members subject to
lengthy or numerous deployments.
Sec. 575. Pay in lieu of allowance for funeral honors duty.
Sec. 576. Test of ability of reserve component intelligence units and
personnel to meet current and emerging defense intelligence
needs.
Sec. 577. National Guard Challenge Program.
Sec. 578. Study of use of civilian contractor pilots for operational
support missions.
Sec. 579. Reimbursement for expenses incurred by members in connection
with cancellation of leave on short notice.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2001.
Sec. 602. Additional restructuring of basic pay rates for enlisted
members.
Sec. 603. Revised method for calculation of basic allowance for
subsistence.
Sec. 604. Family subsistence supplemental allowance for low-income
members of the Armed Forces.
Sec. 605. Basic allowance for housing.
Sec. 606. Additional amount available for fiscal year 2001 increase in
basic allowance for housing inside the United States.
Sec. 607. Equitable treatment of junior enlisted members in computation
of basic allowance for housing.
Sec. 608. Eligibility of members in grade E-4 to receive basic allowance
for housing while on sea duty.
Sec. 609. Personal money allowance for senior enlisted members of the
Armed Forces.
Sec. 610. Increased uniform allowances for officers.
Sec. 611. Cabinet-level authority to prescribe requirements and
allowance for clothing of enlisted members.
Sec. 612. Increase in monthly subsistence allowance for members of
precommissioning programs.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 621. Extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 622. Extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 623. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 624. Revision of enlistment bonus authority.
Sec. 625. Consistency of authorities for special pay for reserve medical
and dental officers.
Sec. 626. Elimination of required congressional notification before
implementation of certain special pay authority.
Sec. 627. Special pay for physician assistants of the Coast Guard.
Sec. 628. Authorization of special pay and accession bonus for pharmacy
officers.
Sec. 629. Correction of references to Air Force veterinarians.
Sec. 630. Career sea pay.
Sec. 631. Increased maximum rate of special duty assignment pay.
Sec. 632. Entitlement of members of the National Guard and other
reserves not on active duty to receive special duty assignment
pay.
Sec. 633. Authorization of retention bonus for members of the Armed
Forces qualified in a critical military skill.
Sec. 634. Entitlement of active duty officers of the Public Health
Service Corps to special pays and bonuses of health
professional officers of the Armed Forces.
Subtitle C--Travel and Transportation Allowances
Sec. 641. Advance payments for temporary lodging of members and
dependents.
Sec. 642. Additional transportation allowance regarding baggage and
household effects.
Sec. 643. Incentive for shipping and storing household goods in less
than average weights.
Sec. 644. Equitable dislocation allowances for junior enlisted members.
Sec. 645. Authority to reimburse military recruiters, Senior ROTC cadre,
and military entrance processing personnel for certain parking
expenses.
Sec. 646. Expansion of funded student travel for dependents.
Subtitle D--Retirement and Survivor Benefit Matters
Sec. 651. Exception to high-36 month retired pay computation for members
retired following a disciplinary reduction in grade.
Sec. 652. Increase in maximum number of Reserve retirement points that
may be credited in any year.
Sec. 653. Retirement from active reserve service after regular
retirement.
Sec. 654. Same treatment for Federal judges as for other Federal
officials regarding payment of military retired pay.
Sec. 655. Reserve component Survivor Benefit Plan spousal consent
requirement.
Sec. 656. Sense of Congress on increasing Survivor Benefit Plan
annuities for surviving spouses age 62 or older.
Sec. 657. Revision to special compensation authority to repeal exclusion
of uniformed services retirees in receipt of disability
retired pay.
Subtitle E--Other Matters
Sec. 661. Participation in Thrift Savings Plan.
Sec. 662. Determinations of income eligibility for special supplemental
food program.
Sec. 663. Billeting services for reserve members traveling for inactive-
duty training.
Sec. 664. Settlement of claims for payments for unused accrued leave and
for retired pay.
Sec. 665. Additional benefits and protections for personnel incurring
injury, illness, or disease in the performance of funeral
honors duty.
Sec. 666. Authority for extension of deadline for filing claims
associated with capture and internment of certain persons by
North Vietnam.
Sec. 667. Back pay for members of the Navy and Marine Corps selected for
promotion while interned as prisoners of war during World War
II.
Sec. 668. Sense of Congress concerning funding for reserve components.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Provision of domiciliary and custodial care for CHAMPUS
beneficiaries and certain former CHAMPUS beneficiaries.
Sec. 702. Chiropractic health care for members on active duty.
Sec. 703. School-required physical examinations for certain minor
dependents.
Sec. 704. Two-year extension of dental and medical benefits for
surviving dependents of certain deceased members.
Sec. 705. Two-year extension of authority for use of contract physicians
at military entrance processing stations and elsewhere outside
medical treatment facilities.
Sec. 706. Medical and dental care for Medal of Honor recipients.
Subtitle B--Senior Health Care
Sec. 711. Implementation of TRICARE senior pharmacy program.
Sec. 712. Conditions for eligibility for CHAMPUS and TRICARE upon the
attainment of age 65; expansion and modification of medicare
subvention project.
Sec. 713. Accrual funding for health care for medicare-eligible retirees
and dependents.
Subtitle C--TRICARE Program
Sec. 721. Improvement of access to health care under the TRICARE
program.
Sec. 722. Additional beneficiaries under TRICARE Prime Remote program in
the continental United States.
Sec. 723. Modernization of TRICARE business practices and increase of
use of military treatment facilities.
Sec. 724. Extension of TRICARE managed care support contracts.
Sec. 725. Report on protections against health care providers seeking
direct reimbursement from members of the uniformed services.
Sec. 726. Voluntary termination of enrollment in TRICARE retiree dental
program.
Sec. 727. Claims processing improvements.
Sec. 728. Prior authorizations for certain referrals and
nonavailability-of-health-care statements.
Subtitle D--Demonstration Projects
Sec. 731. Demonstration project for expanded access to mental health
counselors.
Sec. 732. Teleradiology demonstration project.
Sec. 733. Health care management demonstration program.
Subtitle E--Joint Initiatives With Department of Veterans Affairs
Sec. 741. VA-DOD sharing agreements for health services.
Sec. 742. Processes for patient safety in military and veterans health
care systems.
Sec. 743. Cooperation in developing pharmaceutical identification
technology.
Subtitle F--Other Matters
Sec. 751. Management of anthrax vaccine immunization program.
Sec. 752. Elimination of copayments for immediate family.
Sec. 753. Medical informatics.
Sec. 754. Patient care reporting and management system.
Sec. 755. Augmentation of Army Medical Department by detailing Reserve
officers of the Public Health Service.
Sec. 756. Privacy of Department of Defense medical records.
Sec. 757. Authority to establish special locality-based reimbursement
rates; reports.
Sec. 758. Reimbursement for certain travel expenses.
Sec. 759. Reduction of cap on payments.
Sec. 760. Training in health care management and administration.
Sec. 761. Studies on feasibility of sharing biomedical research
facility.
Sec. 762. Study on comparability of coverage for physical, speech, and
occupational therapies.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Department of Defense acquisition pilot programs.
Sec. 802. Multiyear services contracts.
Sec. 803. Clarification and extension of authority to carry out certain
prototype projects.
Sec. 804. Clarification of authority of Comptroller General to review
records of participants in certain prototype projects.
Sec. 805. Extension of time period of limitation on procurement of ball
bearings and roller bearings.
Sec. 806. Reporting requirements relating to multiyear contracts.
Sec. 807. Eligibility of small business concerns owned and controlled by
women for assistance under the mentor-protege program.
Sec. 808. Qualifications required for employment and assignment in
contracting positions.
Sec. 809. Revision of authority for solutions-based contracting pilot
program.
Sec. 810. Procurement notice of contracting opportunities through
electronic means.
Subtitle B--Information Technology
Sec. 811. Acquisition and management of information technology.
Sec. 812. Tracking and management of information technology purchases.
Sec. 813. Appropriate use of requirements regarding experience and
education of contractor personnel in the procurement of
information technology services.
Sec. 814. Navy-Marine Corps Intranet.
Sec. 815. Sense of Congress regarding information technology systems for
Guard and Reserve components.
Subtitle C--Other Acquisition-Related Matters
Sec. 821. Improvements in procurements of services.
Sec. 822. Financial analysis of use of dual rates for quantifying
overhead costs at Army ammunition plants.
Sec. 823. Repeal of prohibition on use of Department of Defense funds
for procurement of nuclear-capable shipyard crane from a
foreign source.
Sec. 824. Extension of waiver period for live-fire survivability testing
for MH-47E and MH-60K helicopter modification programs.
Sec. 825. Compliance with existing law regarding purchases of equipment
and products.
Sec. 826. Requirement to disregard certain agreements in awarding
contracts for the purchase of firearms or ammunition.
Subtitle D--Studies and Reports
Sec. 831. Study on impact of foreign sourcing of systems on long-term
military readiness and related industrial infrastructure.
Sec. 832. Study of policies and procedures for transfer of commercial
activities.
Sec. 833. Study and report on practice of contract bundling in military
construction contracts.
Sec. 834. Requirement to conduct study on contract bundling.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Duties and Functions of Department of Defense Officers
Sec. 901. Overall supervision of Department of Defense activities for
combating terrorism.
Sec. 902. Change of title of certain positions in the Headquarters,
Marine Corps.
Sec. 903. Clarification of scope of Inspector General authorities under
military whistleblower law.
Sec. 904. Policy to ensure conduct of science and technology programs so
as to foster the transition of science and technology to
higher levels of research, development, test, and evaluation.
Sec. 905. Additional components of Chairman of the Joint Chiefs of staff
annual report on combatant command requirements.
Subtitle B--Department of Defense Organizations
Sec. 911. Western Hemisphere Institute for Security Cooperation.
Sec. 912. Department of Defense regional centers for security studies.
Sec. 913. Change in name of Armed Forces Staff College to Joint Forces
Staff College.
Sec. 914. Special authority for administration of Navy Fisher Houses.
Sec. 915. Supervisory control of Armed Forces Retirement Home board by
Secretary of Defense.
Sec. 916. Semiannual report on Joint Requirements Oversight Council
reform initiative.
Sec. 917. Comptroller General review of operations of Defense Logistics
Agency.
Sec. 918. Comptroller General review of operations of Defense
Information Systems Agency.
Subtitle C--Information Security
Sec. 921. Institute for Defense Computer Security and Information
Protection.
Sec. 922. Information security scholarship program.
Subtitle D--Reports
Sec. 931. Date of submittal of reports on shortfalls in equipment
procurement and military construction for the reserve
components in future-years defense programs.
Sec. 932. Report on number of personnel assigned to legislative liaison
functions.
Sec. 933. Joint report on establishment of national collaborative
information analysis capability.
Sec. 934. Network centric warfare.
Sec. 935. Report on Air Force Institute of Technology.
Subtitle E--Other Matters
Sec. 941. Flexibility in implementation of limitation on major
Department of Defense headquarters activities personnel.
Sec. 942. Consolidation of certain Navy gift funds.
Sec. 943. Temporary authority to dispose of a gift previously accepted
for the Naval Academy.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations for
fiscal year 2000.
Sec. 1004. United States contribution to NATO common-funded budgets in
fiscal year 2001.
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping
operations for fiscal year 2001.
Sec. 1006. Requirement for prompt payment of contract vouchers.
Sec. 1007. Plan for prompt recording of obligations of funds for
contractual transactions.
Sec. 1008. Electronic submission and processing of claims for contract
payments.
Sec. 1009. Administrative offsets for overpayment of transportation
costs.
Sec. 1010. Interest penalties for late payment of interim payments due
under Government service contracts.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Revisions to national defense features program.
Sec. 1012. Sense of Congress on the naming of the CVN-77 aircraft
carrier.
Sec. 1013. Authority to transfer naval vessels to certain foreign
countries.
Sec. 1014. Authority to consent to retransfer of alternative former
naval vessel by Government of Greece.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of authority to provide support for counter-drug
activities of Colombia.
Sec. 1022. Report on Department of Defense expenditures to support
foreign counter-drug activities.
Sec. 1023. Recommendations on expansion of support for counter-drug
activities.
Sec. 1024. Review of riverine counter-drug program.
Sec. 1025. Report on tethered aerostat radar system.
Sec. 1026. Sense of Congress regarding use of Armed Forces for counter-
drug and counter-terrorism activities.
Subtitle D--Counterterrorism and Domestic Preparedness
Sec. 1031. Preparedness of military installation first responders for
incidents involving weapons of mass destruction.
Sec. 1032. Additional weapons of mass destruction civil support teams.
Sec. 1033. Authority to provide loan guarantees to improve domestic
preparedness to combat cyberterrorism.
Sec. 1034. Report on the status of domestic preparedness against the
threat of biological terrorism.
Sec. 1035. Report on strategy, policies, and programs to combat
domestic terrorism.
Subtitle E--Strategic Forces
Sec. 1041. Revised nuclear posture review.
Sec. 1042. Plan for the long-term sustainment and modernization of
United States strategic nuclear forces.
Sec. 1043. Modification of scope of waiver authority for limitation on
retirement or dismantlement of strategic nuclear delivery
systems.
Sec. 1044. Report on the defeat of hardened and deeply buried targets.
Sec. 1045. Sense of Congress on the maintenance of the strategic nuclear
triad.
Subtitle F--Miscellaneous Reporting Requirements
Sec. 1051. Management review of working-capital fund activities.
Sec. 1052. Report on submarine rescue support vessels.
Sec. 1053. Report on Federal Government progress in developing
information assurance strategies.
Sec. 1054. Department of Defense process for decisionmaking in cases of
false claims.
Subtitle G--Government Information Security Reform
Sec. 1061. Coordination of Federal information policy.
Sec. 1062. Responsibilities of certain agencies.
Sec. 1063. Relationship of Defense Information Assurance Program to
Government-wide information security program.
Sec. 1064. Technical and conforming amendments.
Sec. 1065. Effective date.
Subtitle H--Security Matters
Sec. 1071. Limitation on granting of security clearances.
Sec. 1072. Process for prioritizing background investigations for
security clearances for Department of Defense personnel and
defense contractor personnel.
Sec. 1073. Authority to withhold certain sensitive information from
public disclosure.
Sec. 1074. Expansion of authority to exempt geodetic products of the
Department of Defense from public disclosure.
Sec. 1075. Expenditures for declassification activities.
Sec. 1076. Enhanced access to criminal history record information for
national security and other purposes
Sec. 1077. Two-year extension of authority to engage in commercial
activities as security for intelligence collection activities.
Sec. 1078. Coordination of nuclear weapons secrecy policies and
consideration of health of workers at former Department of
Defense nuclear facilities.
Subtitle I--Other Matters
Sec. 1081. Funds for administrative expenses under Defense Export Loan
Guarantee program.
Sec. 1082. Transit pass program for Department of Defense personnel in
poor air quality areas.
Sec. 1083. Transfer of Vietnam era TA-4 aircraft to nonprofit
foundation.
Sec. 1084. Transfer of 19th century cannon to museum.
Sec. 1085. Fees for providing historical information to the public.
Sec. 1086. Grants to American Red Cross for Armed Forces emergency
services.
Sec. 1087. Technical and clerical amendments.
Sec. 1088. Maximum size of parcel post packages transported overseas for
Armed Forces post offices.
Sec. 1089. Sense of Congress regarding tax treatment of members
receiving special pay for duty subject to hostile fire or
imminent danger.
Sec. 1090. Organization and management of Civil Air Patrol.
Sec. 1091. Additional duties for Commission to Assess United States
National Security Space Management and Organization.
Sec. 1092. Commission on the Future of the United States Aerospace
Industry.
Sec. 1093. Drug addiction treatment.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle A--Civilian Personnel Management Generally
Sec. 1101. Employment and compensation of employees for temporary
organizations established by law or Executive order.
Sec. 1102. Assistive technology accommodations program.
Sec. 1103. Extension of authority for voluntary separations in
reductions in force.
Sec. 1104. Electronic maintenance of performance appraisal systems.
Sec. 1105. Study on civilian personnel services.
Subtitle B--Demonstration and Pilot Programs
Sec. 1111. Pilot program for reengineering the equal employment
opportunity complaint process.
Sec. 1112. Work safety demonstration program.
Sec. 1113. Extension, expansion, and revision of authority for
experimental personnel program for scientific and technical
personnel.
Sec. 1114. Clarification of personnel management authority under
personnel demonstration project.
Subtitle C--Educational Assistance
Sec. 1121. Restructuring the restriction on degree training.
Sec. 1122. Student loan repayment programs.
Sec. 1123. Extension of authority for tuition reimbursement and training
for civilian employees in the defense acquisition workforce.
Subtitle D--Other Benefits
Sec. 1131. Additional special pay for foreign language proficiency
beneficial for United States national security interests.
Sec. 1132. Approval authority for cash awards in excess of $10,000.
Sec. 1133. Leave for crews of certain vessels.
Sec. 1134. Life insurance for emergency essential Department of Defense
employees.
Subtitle E--Intelligence Civilian Personnel
Sec. 1141. Expansion of defense civilian intelligence personnel system
positions.
Sec. 1142. Increase in number of positions authorized for the Defense
Intelligence Senior Executive Service.
Subtitle F--Voluntary Separation Incentive Pay and Early Retirement
Authority
Sec. 1151. Extension, revision, and expansion of authorities for use of
voluntary separation incentive pay and voluntary early
retirement.
Sec. 1152. Department of Defense employee voluntary early retirement
authority.
Sec. 1153. Limitations.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Related to Arms Control
Sec. 1201. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
Sec. 1202. Support of consultations on Arab and Israeli arms control and
regional security issues.
Sec. 1203. Furnishing of nuclear test monitoring equipment to foreign
governments.
Sec. 1204. Additional matters for annual report on transfers of
militarily sensitive technology to countries and entities of
concern.
Subtitle B--Matters Relating to the Balkans
Sec. 1211. Annual report assessing effect of continued operations in the
Balkans region on readiness to execute the national military
strategy.
Sec. 1212. Situation in the Balkans.
Sec. 1213. Semiannual report on Kosovo peacekeeping.
Subtitle C--North Atlantic Treaty Organization and United States Forces
in Europe
Sec. 1221. NATO fair burdensharing.
Sec. 1222. Repeal of restriction preventing cooperative airlift support
through acquisition and cross-servicing agreements.
Sec. 1223. GAO study on the benefits and costs of United States military
engagement in Europe.
Subtitle D--Other Matters
Sec. 1231. Joint data exchange center with Russian Federation on early
warning systems and notification of ballistic missile
launches.
Sec. 1232. Report on sharing and exchange of ballistic missile launch
early warning data.
Sec. 1233. Annual report of Communist Chinese military companies
operating in the United States.
Sec. 1234. Adjustment of composite theoretical performance levels of
high performance computers.
Sec. 1235. Increased authority to provide health care services as
humanitarian and civic assistance.
Sec. 1236. Sense of Congress regarding the use of children as soldiers.
Sec. 1237. Sense of Congress regarding undersea rescue and recovery.
Sec. 1238. United States-China Security Review Commission.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of cooperative threat reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for elimination of conventional
weapons.
Sec. 1304. Limitations on use of funds for fissile material storage
facility.
Sec. 1305. Limitation on use of funds to support warhead dismantlement
processing.
Sec. 1306. Agreement on nuclear weapons storage sites.
Sec. 1307. Limitation on use of funds for construction of fossil fuel
energy plants; report.
Sec. 1308. Reports on activities and assistance under cooperative threat
reduction programs.
Sec. 1309. Russian chemical weapons elimination.
Sec. 1310. Limitation on use of funds for elimination of weapons grade
plutonium program.
Sec. 1311. Report on audits of Cooperative Threat Reduction programs.
TITLE XIV--COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM
ELECTROMAGNETIC PULSE (EMP) ATTACK
Sec. 1401. Establishment of commission.
Sec. 1402. Duties of commission.
Sec. 1403. Reports.
Sec. 1404. Powers.
Sec. 1405. Commission procedures.
Sec. 1406. Personnel matters.
Sec. 1407. Miscellaneous administrative provisions.
Sec. 1408. Funding.
Sec. 1409. Termination of the commission.
TITLE XV--NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO
Sec. 1501. Assistance for economic growth on Vieques.
Sec. 1502. Conveyance of Naval Ammunition Support Detachment, Vieques
Island.
Sec. 1503. Determination regarding continuation of Navy training.
Sec. 1504. Actions if training is approved.
Sec. 1505. Requirements if training is not approved or mandate for
referendum is vitiated.
Sec. 1506. Certain properties exempt from conveyance or transfer.
Sec. 1507. Moratorium on improvements at Fort Buchanan.
Sec. 1508. Transfer and management of Conservation Zones.
TITLE XVI--GI BILL EDUCATIONAL ASSISTANCE AND VETERANS CLAIMS ASSISTANCE
Subtitle A--Veterans Education Benefits
Sec. 1601. Additional opportunity for certain VEAP participants to
enroll in basic educational assistance under Montgomery GI
Bill.
Sec. 1602. Modification of authority to pay tuition for off-duty
training and education.
Subtitle B--Veterans Claims Assistance
Sec. 1611. Clarification of Department of Veterans Affairs duty to
assist.
TITLE XVII--ASSISTANCE TO FIREFIGHTERS
Sec. 1701. Firefighter assistance.
Sec. 1702. Volunteer fire assistance program.
Sec. 1703. Burn research.
Sec. 1704. Study and demonstration projects regarding cases of hepatitis
C among certain emergency response employees.
Sec. 1705. Report on progress on spectrum sharing.
Sec. 1706. Sale or donation of excess defense property to assist
firefighting agencies.
Sec. 1707. Identification of defense technologies suitable for use, or
conversion for use, in providing fire and emergency medical
services.
TITLE XVIII--IMPACT AID
Sec. 1801. Short title.
Sec. 1802. Purpose.
Sec. 1803. Payments relating to Federal acquisition of real property.
Sec. 1804. Payments for eligible federally connected children.
Sec. 1805. Maximum amount of basic support payments.
Sec. 1806. Basic support payments for heavily impacted local educational
agencies.
Sec. 1807. Basic support payments for local educational agencies
affected by removal of Federal property.
Sec. 1808. Additional payments for local educational agencies with high
concentrations of children with severe disabilities.
Sec. 1809. Application for payments under sections 8002 and 8003.
Sec. 1810. Payments for sudden and substantial increases in attendance
of military dependents.
Sec. 1811. Construction.
Sec. 1812. State consideration of payments in providing State aid.
Sec. 1813. Federal administration.
Sec. 1814. Administrative hearings and judicial review.
Sec. 1815. Forgiveness of overpayments.
Sec. 1816. Definitions.
Sec. 1817. Authorization of appropriations.
Sec. 1818. Effective date.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2000 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
1999 projects.
Sec. 2107. Modification of authority to carry out fiscal year 1998
project.
Sec. 2108. Authority to accept funds for realignment of certain military
construction project, Fort Campbell, Kentucky.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out fiscal year 1997
project at Marine Corps Combat Development Command, Quantico,
Virginia.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
1990 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authority to contribute to construction of airport tower,
Cheyenne Airport, Cheyenne, Wyoming.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1998
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1997
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Joint use military construction projects.
Sec. 2802. Exclusion of certain costs from determination of
applicability of limitation on use of funds for improvement of
family housing.
Sec. 2803. Revision of space limitations for military family housing.
Sec. 2804. Modification of lease authority for high-cost military family
housing.
Sec. 2805. Provision of utilities and services under alternative
authority for acquisition and improvement of military housing.
Sec. 2806. Extension of alternative authority for acquisition and
improvement of military housing.
Sec. 2807. Expansion of definition of armory to include readiness
centers.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Increase in threshold for notice and wait requirements for
real property transactions.
Sec. 2812. Enhancement of authority of military departments to lease
non-excess property.
Sec. 2813. Conveyance authority regarding utility systems of military
departments.
Sec. 2814. Permanent conveyance authority to improve property
management.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Scope of agreements to transfer property to redevelopment
authorities without consideration under the base closure laws.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Transfer of jurisdiction, Rock Island Arsenal, Illinois.
Sec. 2832. Land conveyance, Army Reserve Center, Galesburg, Illinois.
Sec. 2833. Land conveyance, Charles Melvin Price Support Center,
Illinois.
Sec. 2834. Land conveyance, Fort Riley, Kansas.
Sec. 2835. Land conveyance, Fort Polk, Louisiana.
Sec. 2836. Land conveyance, Army Reserve Center, Winona, Minnesota.
Sec. 2837. Land conveyance, Fort Dix, New Jersey.
Sec. 2838. Land conveyance, Nike Site 43, Elrama, Pennsylvania.
Sec. 2839. Land exchange, Army Reserve Local Training Center,
Chattanooga, Tennessee.
Sec. 2840. Land exchange, Fort Hood, Texas.
Sec. 2841. Land conveyance, Fort Pickett, Virginia.
Sec. 2842. Land conveyance, Fort Lawton, Washington.
Sec. 2843. Land conveyance, Vancouver Barracks, Washington.
Part II--Navy Conveyances
Sec. 2846. Modification of land conveyance, Marine Corps Air Station, El
Toro, California.
Sec. 2847. Modification of authority for Oxnard Harbor District, Port
Hueneme, California, to use certain Navy property.
Sec. 2848. Transfer of jurisdiction, Marine Corps Air Station, Miramar,
California.
Sec. 2849. Land exchange, Marine Corps Recruit Depot, San Diego,
California.
Sec. 2850. Lease of property, Naval Air Station, Pensacola, Florida.
Sec. 2851. Land conveyance, Naval Reserve Center, Tampa, Florida.
Sec. 2852. Modification of land conveyance, Defense Fuel Supply Point,
Casco Bay, Maine.
Sec. 2853. Land conveyance, Naval Computer and Telecommunications
Station, Cutler, Maine.
Sec. 2854. Modification of land conveyance authority, former Naval
Training Center, Bainbridge, Cecil County, Maryland.
Sec. 2855. Land conveyance, Marine Corps Base, Camp Lejeune, North
Carolina.
Sec. 2856. Land exchange, Naval Air Reserve Center, Columbus, Ohio.
Sec. 2857. Land conveyance, Naval Station, Bremerton, Washington.
Part III--Air Force Conveyances
Sec. 2861. Land conveyance, Los Angeles Air Force Base, California.
Sec. 2862. Land conveyance, Point Arena Air Force Station, California.
Sec. 2863. Land conveyance, Lowry Air Force Base, Colorado.
Sec. 2864. Land conveyance, Wright Patterson Air Force Base, Ohio.
Sec. 2865. Modification of land conveyance, Ellsworth Air Force Base,
South Dakota.
Sec. 2866. Land conveyance, Mukilteo Tank Farm, Everett, Washington.
Part IV--Other Conveyances
Sec. 2871. Land conveyance, Army and Air Force Exchange Service
property, Farmers Branch, Texas.
Sec. 2872. Land conveyance, former National Ground Intelligence Center,
Charlottesville, Virginia.
Subtitle E--Other Matters
Sec. 2881. Relation of easement authority to leased parkland, Marine
Corps Base, Camp Pendleton, California.
Sec. 2882. Extension of demonstration project for purchase of fire,
security, police, public works, and utility services from
local government agencies.
Sec. 2883. Acceptance and use of gifts for construction of third
building at United States Air Force Museum, Wright-Patterson
Air Force Base, Ohio.
Sec. 2884. Development of Marine Corps Heritage Center at Marine Corps
Base, Quantico, Virginia.
Sec. 2885. Activities relating to greenbelt at Fallon Naval Air Station,
Nevada.
Sec. 2886. Establishment of World War II memorial on Guam.
Sec. 2887. Naming of Army missile testing range at Kwajalein Atoll as
the Ronald Reagan Ballistic Missile Defense Test Site at
Kwajalein Atoll.
Sec. 2888. Designation of building at Fort Belvoir, Virginia, in honor
of Andrew T. McNamara.
Sec. 2889. Designation of Balboa Naval Hospital, San Diego, California,
in honor of Bob Wilson, a former member of the House of
Representatives.
Sec. 2890. Sense of Congress regarding importance of expansion of
National Training Center, Fort Irwin, California.
Sec. 2891. Sense of Congress regarding land transfers at Melrose Range,
New Mexico, and Yakima Training Center, Washington.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Funding for termination costs of River Protection Project,
Richland, Washington.
Sec. 3132. Enhanced cooperation between National Nuclear Security
Administration and Ballistic Missile Defense Organization.
Sec. 3133. Reprogramming of funds available for infrastructure upgrades
or maintenance in certain accounts of the National Nuclear
Security Administration.
Sec. 3134. Adjustment of composite theoretical performance levels for
post-shipment verification reports on advanced supercomputer
sales to certain foreign nations.
Sec. 3135. Modification of counterintelligence polygraph program.
Sec. 3136. Employee incentives for employees at closure project
facilities.
Sec. 3137. Continuation of processing, treatment, and disposition of
legacy nuclear materials.
Sec. 3138. Limitation on use of certain funds pending certification of
compliance with Formerly Utilized Sites Remedial Action
Program funding prohibition.
Sec. 3139. Conceptual design for Subsurface Geosciences Laboratory at
Idaho National Engineering and Environmental Laboratory, Idaho
Falls, Idaho.
Sec. 3140. Report on National Ignition Facility, Lawrence Livermore
National Laboratory, Livermore, California.
Sec. 3141. River Protection Project, Richland, Washington.
Sec. 3142. Report on tank waste remediation system, Hanford Reservation,
Richland, Washington.
Subtitle D--Matters Relating to Management of National Nuclear Security
Administration
Sec. 3151. Term of office of person first appointed as Under Secretary
for Nuclear Security of the Department of Energy.
Sec. 3152. Membership of Under Secretary for Nuclear Security on the
Joint Nuclear Weapons Council.
Sec. 3153. Organization plan for field offices of the National Nuclear
Security Administration.
Sec. 3154. Required contents of future-years nuclear security program.
Sec. 3155. Future-years nuclear security program for fiscal year 2001.
Sec. 3156. Engineering and manufacturing research, development, and
demonstration by plant managers of certain nuclear weapons
production plants.
Sec. 3157. Prohibition on individuals engaging in concurrent service or
duties within National Nuclear Security Administration and
outside that Administration but within Department of Energy.
Sec. 3158. Annual plan for obligation of funds of the National Nuclear
Security Administration.
Sec. 3159. Authority to reorganize National Nuclear Security
Administration.
Subtitle E--National Laboratories Partnership Improvement
Sec. 3161. Technology Infrastructure Pilot Program.
Sec. 3162. Report on small business participation in National Nuclear
Security Administration activities.
Sec. 3163. Study and report related to improving mission effectiveness,
partnerships, and technology transfer at national security
laboratories and nuclear weapons production facilities.
Sec. 3164. Report on effectiveness of National Nuclear Security
Administration technology development partnerships with non-
Federal entities.
Sec. 3165. Definitions.
Subtitle F--Matters Relating to Defense Nuclear Nonproliferation
Sec. 3171. Annual report on status of nuclear materials protection,
control, and accounting program.
Sec. 3172. Nuclear Cities Initiative.
Sec. 3173. Department of Energy nonproliferation monitoring.
Sec. 3174. Sense of Congress on the need for coordination of
nonproliferation programs.
Sec. 3175. Limitation on use of funds for International Nuclear Safety
Program.
Subtitle G--Other Matters
Sec. 3191. Extension of authority for appointment of certain scientific,
engineering, and technical personnel.
Sec. 3192. Biennial report containing update on nuclear test readiness
postures.
Sec. 3193. Frequency of reports on inadvertent releases of Restricted
Data and Formerly Restricted Data.
Sec. 3194. Form of certifications regarding the safety or reliability of
the nuclear weapons stockpile.
Sec. 3195. Authority to provide certificate of commendation to
Department of Energy and contractor employees for exemplary
service in stockpile stewardship and security.
Sec. 3196. Cooperative research and development agreements for
government-owned, contractor-operated laboratories.
Sec. 3197. Office of Arctic Energy.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Increased receipts under prior disposal authority.
Sec. 3303. Disposal of titanium.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Minimum price of petroleum sold from certain naval petroleum
reserves.
Sec. 3402. Repeal of authority to contract for cooperative or unit plans
affecting Naval Petroleum Reserve Numbered 1.
Sec. 3403. Disposal of Oil Shale Reserve Numbered 2.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2001.
Sec. 3502. Scrapping of National Defense Reserve Fleet vessels.
Sec. 3503. Authority to convey National Defense Reserve Fleet vessel,
Glacier.
Sec. 3504. Maritime intermodal research.
Sec. 3505. Maritime research and technology development.
Sec. 3506. Reporting of administered and oversight funds.
TITLE XXXVI--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM
Sec. 3601. Short title.
Sec. 3602. Findings; sense of Congress.
Subtitle A--Establishment of Compensation Program and Compensation Fund
Sec. 3611. Establishment of Energy Employees Occupational Illness
Compensation Program.
Sec. 3612. Establishment of Energy Employees Occupational Illness
Compensation Fund.
Sec. 3613. Legislative proposal.
Sec. 3614. Authorization of appropriations.
Subtitle B--Program Administration
Sec. 3621. Definitions for program administration.
Sec. 3622. Expansion of list of beryllium vendors.
Sec. 3623. Exposure in the performance of duty.
Sec. 3624. Advisory Board on Radiation and Worker Health.
Sec. 3625. Responsibilities of Secretary of Health and Human Services.
Sec. 3626. Designation of additional members of Special Exposure Cohort.
Sec. 3627. Separate treatment of chronic silicosis.
Sec. 3628. Compensation and benefits to be provided.
Sec. 3629. Medical benefits.
Sec. 3630. Separate treatment of certain uranium employees.
Sec. 3631. Assistance for claimants and potential claimants.
Subtitle C--Treatment, Coordination, and Forfeiture of Compensation and
Benefits
Sec. 3641. Offset for certain payments.
Sec. 3642. Subrogation of the United States.
Sec. 3643. Payment in full settlement of claims.
Sec. 3644. Exclusivity of remedy against the United States and against
contractors and subcontractors.
Sec. 3645. Election of remedy for beryllium employees and atomic weapons
employees.
Sec. 3646. Certification of treatment of payments under other laws.
Sec. 3647. Claims not assignable or transferable; choice of remedies.
Sec. 3648. Attorney fees.
Sec. 3649. Certain claims not affected by awards of damages.
Sec. 3650. Forfeiture of benefits by convicted felons.
Sec. 3651. Coordination with other Federal radiation compensation laws.
Subtitle D--Assistance in State Workers' Compensation Proceedings
Sec. 3661. Agreements with States.
SEC. . CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority.
Sec. 112. Increase in limitation on number of bunker defeat munitions
that may be acquired.
Sec. 113. Reports and limitations relating to Army transformation.
Subtitle C--Navy Programs
Sec. 121. CVNX-1 nuclear aircraft carrier program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Virginia class submarine program.
Sec. 124. Limitation during fiscal year 2001 on changes in submarine
force structure.
Sec. 125. ADC(X) ship program.
Sec. 126. Refueling and complex overhaul program of the U.S.S. Dwight D.
Eisenhower.
Sec. 127. Analysis of certain shipbuilding programs.
Sec. 128. Helicopter support of FFG-7 frigates during fiscal year 2001.
Sec. 129. V-22 cockpit aircraft voice and flight data recorders.
Subtitle D--Air Force Programs
Sec. 131. Annual report on B-2 bomber.
Sec. 132. Report on modernization of Air National Guard F-16A units.
Subtitle E--Joint Programs
Sec. 141. Study of final assembly and checkout alternatives for the
Joint Strike Fighter program.
Subtitle F--Chemical Demilitarization
Sec. 151. Pueblo Chemical Depot chemical agent and munitions destruction
technologies.
Sec. 152. Report on assessment of need for Federal economic assistance
for communities impacted by chemical demilitarization
activities.
Sec. 153. Prohibition against disposal of non-stockpile chemical warfare
material at Anniston chemical stockpile disposal facility.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 2001 for procurement for the Army as follows:
(1) For aircraft, $1,550,012,000.
(2) For missiles, $1,320,681,000.
(3) For weapons and tracked combat vehicles,
$2,436,324,000.
(4) For ammunition, $1,179,916,000.
(5) For other procurement, $4,235,719,000.
(6) For chemical agents and munitions destruction,
$980,100,000, for--
(A) the destruction of lethal chemical
agents and munitions in accordance with section
1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare
materiel of the United States that is not
covered by section 1412 of such Act.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2001 for procurement for the Navy as follows:
(1) For aircraft, $8,394,338,000.
(2) For weapons, including missiles and torpedoes,
$1,443,600,000.
(3) For shipbuilding and conversion,
$12,826,919,000.
(4) For other procurement, $3,380,680,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2001 for procurement for the
Marine Corps in the amount of $1,212,768,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2001 for
procurement of ammunition for the Navy and the Marine Corps in
the amount of $487,749,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 2001 for procurement for the Air Force as follows:
(1) For aircraft, $9,923,868,000.
(2) For missiles, $2,863,778,000.
(3) For ammunition, $646,808,000.
(4) For other procurement, $7,711,647,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
(a) Amount Authorized.--Funds are hereby authorized to be
appropriated for fiscal year 2001 for Defense-wide procurement
in the amount of $2,278,408,000.
(b) Amount for National Missile Defense.--Of the funds
authorized to be appropriated in subsection (a), $74,530,000
shall be available for the National Missile Defense program.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 2001 for procurement for the Inspector General of the
Department of Defense in the amount of $3,300,000.
SEC. 106. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal
year 2001 for the Department of Defense for procurement for
carrying out health care programs, projects, and activities of
the Department of Defense in the total amount of $290,006,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY.
(a) M2A3 Bradley Fighting Vehicle.--(1) Beginning with the
fiscal year 2001 program year, the Secretary of the Army may,
in accordance with section 2306b of title 10, United States
Code, enter into one or more multiyear contracts for
procurement of M2A3 Bradley fighting vehicles.
(2) The Secretary of the Army may execute a contract
authorized by paragraph (1) only after--
(A) there is a successful completion of a M2A3
Bradley initial operational test and evaluation
(IOT&E); and
(B) the Secretary certifies in writing to the
congressional defense committees that the vehicle met
all required test parameters.
(b) Utility Helicopters.--Beginning with the fiscal year
2002 program year, the Secretary of the Army may, in accordance
with section 2306b of title 10, United States Code, enter into
one or more multiyear contracts for procurement of UH-60
Blackhawk utility helicopters and, acting as executive agent
for the Department of the Navy, CH-60 Knighthawk utility
helicopters.
SEC. 112. INCREASE IN LIMITATION ON NUMBER OF BUNKER DEFEAT MUNITIONS
THAT MAY BE ACQUIRED.
Section 116(2) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2682) is
amended by striking ``6,000'' and inserting ``8,500''.
SEC. 113. REPORTS AND LIMITATIONS RELATING TO ARMY TRANSFORMATION.
(a) Secretary of the Army Report on Objective Force
Development Process.--The Secretary of the Army shall submit to
the congressional defense committees a report on the process
for developing the objective force in the transformation of the
Army. The report shall include the following:
(1) The operational environments envisioned for the
objective force.
(2) The threat assumptions on which research and
development efforts for transformation of the Army into
the objective force are based.
(3) The potential operational and organizational
concepts for the objective force.
(4) The operational requirements anticipated for
the operational requirements document of the objective
force.
(5) The anticipated schedule of Army transformation
activities through fiscal year 2012, together with--
(A) the projected funding requirements
through that fiscal year for research and
development activities and procurement
activities related to transition to the
objective force; and
(B) a summary of the anticipated
investments of the Defense Advanced Research
Projects Agency in programs designed to lead to
the fielding of future combat systems for the
objective force.
(6) A proposed plan for the comparison referred to
in subsection (c).
If any of the information required by paragraphs (1) through
(5) is not available at the time the report is submitted, the
Secretary shall include in the report the anticipated schedule
for the availability of that information.
(b) Secretary of Defense Report on Objective Force
Development Process.--Not later than March 1, 2001, the
Secretary of Defense shall submit to the congressional defense
committees a report on the process for developing the objective
force in the transformation of the Army. The report shall
include the following:
(1) The joint warfighting requirements that will be
supported by the fielding of the objective force,
together with a description of the adjustments that are
planned to be made in the war plans of the commanders
of the unified combatant commands in relation to the
fielding of the objective force.
(2) The changes in lift requirements that may
result from the establishment and fielding of the
combat brigades of the objective force.
(3) The evaluation process that will be used to
support decisionmaking on the course of the Army
transformation, including a description of the
operational evaluations and experimentation that will
be used to validate the operational requirements for
the operational requirements document of the objective
force.
If any of the information required by paragraphs (1) through
(3) is not available at the time the report is submitted, the
Secretary shall include in the report the anticipated schedule
for the availability of that information.
(c) Costs and Effectiveness of Medium Armored Combat
Vehicles for the Interim Brigade Combat Teams.--(1) The
Secretary of the Army shall develop a plan for comparing--
(A) the costs and operational effectiveness of the
infantry carrier variant of the interim armored
vehicles selected for the infantry battalions of the
interim brigade combat teams; and
(B) the costs and operational effectiveness of the
troop-carrying medium armored vehicles currently in the
Army inventory for the use of infantry battalions.
(2) The Secretary of the Army may not carry out the
comparison described in paragraph (1) until the Director of
Operational Test and Evaluation of the Department of Defense
approves the plan for that comparison developed under that
paragraph.
(d) Limitation Pending Receipt of Secretary of the Army
Report.--Not more than 80 percent of the amount appropriated
for fiscal year 2001 for the procurement of armored vehicles in
the family of new medium armored vehicles may be obligated
until--
(1) the Secretary of the Army submits to the
congressional defense committees the report required
under subsection (a); and
(2) a period of 30 days has elapsed from the date
of the submittal of such report.
(e) Limitation Pending Comparison and Certification.--No
funds appropriated or otherwise made available to the
Department of the Army for any fiscal year may be obligated for
acquisition of medium armored combat vehicles to equip a third
interim brigade combat team until--
(1) the plan for a comparison of costs and
operational effectiveness developed under subsection
(c)(1), as approved under subsection (c)(2), is carried
out;
(2) the Secretary of Defense submits to the
congressional defense committees, after the completion
of the comparison referred to in paragraph (1), a
certification that--
(A) the Secretary approves of the
obligation of funds for that purpose; and
(B) the force structure resulting from the
acquisition and subsequent operational
capability of interim brigade combat teams will
not diminish the combat power of the Army; and
(3) a period of 30 days has elapsed from the date
of the certification under paragraph (2).
(f) Definitions.--In this section:
(1) The term ``transformation'', with respect to
the Army, means the actions being undertaken to
transform the Army, as it is constituted in terms of
organization, equipment, and doctrine in 2000, into the
objective force.
(2) The term ``objective force'' means the Army
that has the organizational structure, the most
advanced equipment that early twenty-first century
science and technology can provide, and the appropriate
doctrine to ensure that the Army is responsive,
deployable, agile, versatile, lethal, survivable, and
sustainable for the full spectrum of the operations
anticipated to be required of the Army during the early
years of the twenty-first century following 2010.
(3) The term ``interim brigade combat team'' means
an Army brigade that is designated by the Secretary of
the Army as a brigade combat team and is reorganized
and equipped with currently available equipment in a
configuration that effectuates an evolutionary
advancement toward transformation of the Army to the
objective force.
Subtitle C--Navy Programs
SEC. 121. CVNX-1 NUCLEAR AIRCRAFT CARRIER PROGRAM.
(a) Authorization of Ship.--The Secretary of the Navy is
authorized to procure the aircraft carrier to be designated
CVNX-1.
(b) Advance Procurement and Construction.--The Secretary
may enter into one or more contracts for the advance
procurement and advance construction of components for the ship
authorized under subsection (a).
(c) Amount Authorized From SCN Account.--Of the amounts
authorized to be appropriated under section 102(a)(3) for
fiscal year 2001, $21,869,000 is available for the advance
procurement and advance construction of components (including
nuclear components) for the CVNX-1 aircraft carrier program.
SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) Economical Multiyear Procurement of Previously
Authorized Vessels and One Additional Vessel.--(1) Subsection
(b) of section 122 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2446), as
amended by section 122(a) of Public Law 106-65 (113 Stat. 534),
is further amended by striking ``a total of 18 Arleigh Burke
class destroyers'' in the first sentence and all that follows
through the period at the end of that sentence and inserting
``Arleigh Burke class destroyers in accordance with this
subsection and subsection (a)(4) at procurement rates not in
excess of three ships in each of the fiscal years beginning
after September 30, 1998, and before October 1, 2005. The
authority under the preceding sentence is subject to the
availability of appropriations for such destroyers.''.
(2) The heading for such subsection is amended by striking
``18''.
(b) Economical Rate of Procurement.--It is the sense of
Congress that, for the procurement of the Arleigh Burke class
destroyers to be procured after fiscal year 2001 under
multiyear contracts authorized under section 122(b) of Public
Law 104-201, as amended by subsection (a)--
(1) the Secretary of the Navy should--
(A) achieve the most economical rate of
procurement; and
(B) enter into such contracts for advance
procurement as may be necessary to achieve that
rate of procurement;
(2) the most economical rate of procurement would
be achieved by procuring three of those vessels in each
of fiscal years 2002 and 2003 and procuring another
vessel in fiscal year 2004; and
(3) the Secretary has the authority under section
122(b) of Public Law 104-201 (110 Stat. 2446) and
subsections (b) and (c) of section 122 of Public Law
106-65 (113 Stat. 534) to provide for procurement at
the most economical rate, as described in paragraph
(2).
(c) Update of 1993 Report on DDG-51 Class Ships.--(1) The
Secretary of the Navy shall submit to the Committees on Armed
Services of the Senate and the House of Representatives, not
later than November 1, 2000, a report that updates the
information provided in the report of the Secretary of the Navy
entitled the ``Arleigh Burke (DDG-51) Class Industrial Base
Study of 1993''. The Secretary shall transmit a copy of the
updated report to the Comptroller General not later than the
date on which the Secretary submits the report to the
committees.
(2) The Comptroller General shall review the updated report
submitted under paragraph (1) and, not later than December 1,
2000, submit to the Committees on Armed Services of the Senate
and House of Representatives the Comptroller General's comments
on the updated report.
SEC. 123. VIRGINIA CLASS SUBMARINE PROGRAM.
(a) Amounts Authorized From SCN Account.--Of the amounts
authorized to be appropriated by section 102(a)(3) for fiscal
year 2001, $1,706,234,000 is available for the Virginia class
submarine program.
(b) Contract Authority.--(1) The Secretary of the Navy is
authorized to enter into a contract for the procurement of up
to five Virginia class submarines, including the procurement of
material in economic order quantities when cost savings are
achievable, during fiscal years 2003 through 2006. The
submarines authorized under the preceding sentence are in
addition to the submarines authorized under section 121(b) of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1648).
(2) A contract entered into under paragraph (1) shall
provide that any obligation of the United States to make a
payment under the contract is subject to the availability of
appropriations for that purpose.
(c) Shipbuilder Teaming.--Paragraphs (2)(A), (3), and (4)
of section 121(b) of Public Law 105-85 apply to the procurement
of submarines under this section.
(d) Limitation of Liability.--If a contract entered into
under this section is terminated, the United States shall not
be liable for termination costs in excess of the total of the
amounts appropriated for the Virginia class submarine program
that remain available for the program.
(e) Report Requirement.--At that same time that the
President submits the budget for fiscal year 2002 to Congress
under section 1105(a) of title 31, United States Code, the
Secretary of Defense shall submit to the congressional defense
committees a report on the Navy's fleet of fast attack
submarines. The report shall include the following:
(1) A plan for maintaining at least 55 fast attack
submarines in commissioned service through 2015,
including, by 2015, 18 Virginia class submarines.
(2) Two assessments of the potential savings that
would be achieved under the Virginia class submarine
program if the production rate for that program were at
least two submarines each fiscal year, as follows:
(A) An assessment if that were the
production rate beginning in fiscal year 2004.
(B) An assessment if that were the
production rate beginning in fiscal year 2006.
(3) An analysis of the advantages and disadvantages
of various contracting strategies for the Virginia
class submarine program, including one or more
multiyear procurement strategies and one or more
strategies for block buy with economic order quantity.
SEC. 124. LIMITATION DURING FISCAL YEAR 2001 ON CHANGES IN SUBMARINE
FORCE STRUCTURE.
(a) Limitation on Retirement of Submarines.--During fiscal
year 2001, the Secretary of the Navy may not retire from the
active force structure of the Navy any Los Angeles class
nuclear-powered attack submarine or any Ohio class nuclear-
powered ballistic missile submarine unless the Secretary of the
Navy certifies to Congress in writing that he cannot assure the
continued safe and militarily effective operation of that
submarine.
(b) Report.--Not later than April 15, 2001, the President
shall submit to Congress a report on the required force
structure for nuclear-powered submarines, including attack
submarines (SSNs), ballistic missile submarines (SSBNs), and
cruise missile submarines (SSGNs), to support the national
military strategy through 2020. The report shall include a
detailed discussion of the acquisition strategy and fleet
maintenance requirements to achieve and maintain that force
structure through--
(1) the procurement of new construction submarines;
(2) the refueling of Los Angeles class attack
submarines (SSNs) to achieve the maximum amount of
operational useful service; and
(3) the conversion of Ohio class submarines that
are no longer required for the strategic deterrence
mission from their current ballistic missile (SSBN)
configuration to a cruise-missile (SSGN) configuration.
SEC. 125. ADC(X) SHIP PROGRAM.
The Secretary of the Navy may procure the construction of
all ADC(X) class ships in one shipyard if the Secretary
determines that it is more cost effective to do so than to
procure the construction of such ships from more than one
shipyard.
SEC. 126. REFUELING AND COMPLEX OVERHAUL PROGRAM OF THE U.S.S. DWIGHT
D. EISENHOWER.
(a) Amount Authorized From SCN Account.--Of the amount
authorized to be appropriated by section 102(a)(3) for fiscal
year 2001, $698,441,000 is available for the commencement of
the nuclear refueling and complex overhaul of the U.S.S. Dwight
D. Eisenhower (CVN-69) during fiscal year 2001. The amount made
available in the preceding sentence is the first increment in
the incremental funding planned for the nuclear refueling and
complex overhaul of that vessel.
(b) Contract Authority.--The Secretary of the Navy is
authorized to enter into a contract during fiscal year 2001 for
the nuclear refueling and complex overhaul of the U.S.S. Dwight
D. Eisenhower.
(c) Condition for Out-Year Contract Payments.--A contract
entered into under subsection (b) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2001 is subject to
the availability of appropriations for that purpose for that
later fiscal year.
SEC. 127. ANALYSIS OF CERTAIN SHIPBUILDING PROGRAMS.
(a) Alternative Funding Analysis.--The Secretary of the
Navy shall conduct an analysis on the potential benefits and
risks associated with alternative funding mechanisms for the
procurement of various classes of naval vessels and other naval
capabilities beginning in fiscal year 2002.
(b) Alternative Funding Mechanisms.--For purposes of this
section, the term ``alternative funding mechanism'' means any
of the following:
(1) The use of multiyear procurement.
(2) The use of advance procurement for block buys
of materials in economic order quantities.
(3) The use of advance procurement and advance
construction required in the number of years
appropriate to minimize the cost of ship construction.
(4) The use of advance procurement and advance
construction apportioned roughly evenly across some
number of fiscal years.
(5) The use of resources from the National Defense
Sealift Fund to budget for auxiliary ships and
strategic lift ships.
(6) The use of the resources from the National
Defense Sealift Fund to provide advance payments for
national defense features to establish an active Ready
Reserve Force.
(c) Report.--The Secretary shall submit to the
congressional defense committees a report providing the results
of the analysis under subsection (a). The report shall be
submitted concurrently with the submission of the President's
budget for fiscal year 2002, but in no event later than
February 5, 2001. The report shall include the following:
(1) A detailed description of the funding
mechanisms considered.
(2) The potential savings or costs associated with
each such funding mechanism.
(3) The year-to-year effect of each such funding
mechanism on production stability of other shipbuilding
programs funded within the Shipbuilding and Conversion,
Navy, account, given the current acquisition plan of
the Navy through fiscal year 2010.
(4) The variables and constants used in the
analysis which should include economic, industrial
base, and budget realities.
(5) A description and discussion of any statutory
or regulatory restrictions that would preclude the use
of any of the funding mechanisms considered.
SEC. 128. HELICOPTER SUPPORT OF FFG-7 FRIGATES DURING FISCAL YEAR 2001.
During fiscal year 2001, the Secretary of the Navy shall
operate one squadron of six SH-2G helicopters to provide
organic helicopter assets for operational support of missions
that are to be carried out by FFG-7 Flight I and Flight II
frigates during that fiscal year.
SEC. 129. V-22 COCKPIT AIRCRAFT VOICE AND FLIGHT DATA RECORDERS.
The Secretary of Defense shall require that all V-22 Osprey
aircraft be equipped with a state-of-the-art cockpit voice
recorder and a state-of-the-art flight data recorder each of
which meets, at a minimum, the standards for such devices
recommended by the National Transportation Safety Board.
Subtitle D--Air Force Programs
SEC. 131. ANNUAL REPORT ON B-2 BOMBER.
(a) In General.--(1) Chapter 136 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2282. B-2 bomber: annual report
``Not later than March 1 of each year, the Secretary of
Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on the B-2 bomber aircraft. Each such
report shall include the following:
``(1) Identification of the average full-mission
capable rate of B-2 aircraft for the preceding fiscal
year and the Secretary's overall assessment of the
implications of that full-mission capable rate on
mission accomplishment for the B-2 aircraft, together
with the Secretary's determination as to whether that
rate is adequate for the accomplishment of each of the
missions assigned to the B-2 aircraft as of the date of
the assessment.
``(2) An assessment of the technical capabilities
of the B-2 aircraft and whether these capabilities are
adequate to accomplish each of the missions assigned to
that aircraft as of the date of the assessment.
``(3) Identification of all ongoing and planned
development of technologies to enhance the capabilities
of that aircraft.
``(4) Identification and assessment of additional
technologies that would make that aircraft more capable
or survivable against known and evolving threats.
``(5) A fiscally phased program for each technology
identified in paragraphs (3) and (4) for the budget
year and the future-years defense program, based on the
following three funding situations:
``(A) The President's current budget.
``(B) The President's current budget and
the current Department of Defense unfunded
priority list.
``(C) The maximum executable funding for
the B-2 aircraft given the requirement to
maintain enough operationally ready aircraft to
accomplish missions assigned to the B-2
aircraft.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2282. B-2 bomber: annual report.''.
(b) Repeal of Superseded Reporting Requirement.--Section
112 of the National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101-189) is repealed.
SEC. 132. REPORT ON MODERNIZATION OF AIR NATIONAL GUARD F-16A UNITS.
The Secretary of the Air Force shall, not later than
February 1, 2001, submit to Congress a plan to modernize and
upgrade the combat capabilities of those Air National Guard
units that, as of the date of the enactment of this Act, are
assigned F-16A aircraft so that those units can be deployed as
part of Air Expeditionary Forces.
Subtitle E--Joint Programs
SEC. 141. STUDY OF FINAL ASSEMBLY AND CHECKOUT ALTERNATIVES FOR THE
JOINT STRIKE FIGHTER PROGRAM.
(a) Report Required.--Not later than 180 days after the
date of the award of a contract for engineering and
manufacturing development for the Joint Strike Fighter aircraft
program, the Secretary of Defense shall submit to Congress a
report providing the results of a study of final assembly and
checkout alternatives for that aircraft.
(b) Matters To Be Included.--The report under subsection
(a) shall include the following:
(1) Examination of alternative final assembly and
checkout strategies for the program, including--
(A) final assembly and checkout of all
aircraft under the program at one location;
(B) final assembly and checkout at dual
locations; and
(C) final assembly and checkout at multiple
locations.
(2) Identification of each Government and industry
facility that is a potential location for such final
assembly and checkout.
(3) Identification of the anticipated costs of
final assembly and checkout at each facility identified
pursuant to paragraph (2), based upon a reasonable
profile for the annual procurement of that aircraft
once it enters production.
(4) A comparison of the anticipated costs of
carrying out such final assembly and checkout at each
such location.
(c) Cost Comparison.--In identifying costs under subsection
(b)(3) and carrying out the cost comparisons required by
subsection (b)(4), the Secretary shall include consideration of
each of the following factors:
(1) State tax credits.
(2) State and local incentives.
(3) Skilled resident workforce.
(4) Supplier and technical support bases.
(5) Available stealth production facilities.
(6) Environmental standards.
Subtitle F--Chemical Demilitarization
SEC. 151. PUEBLO CHEMICAL DEPOT CHEMICAL AGENT AND MUNITIONS
DESTRUCTION TECHNOLOGIES.
(a) Limitation.--In determining the technologies to be used
for the destruction of the stockpile of lethal chemical agents
and munitions at Pueblo Chemical Depot, Colorado, whether under
the assessment required by section 141(a) of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 537; 50 U.S.C. 1521 note), the Assembled Chemical
Weapons Assessment, or any other assessment, the Secretary of
Defense may consider only the following technologies:
(1) Incineration.
(2) Any technologies demonstrated under the
Assembled Chemical Weapons Assessment on or before May
1, 2000.
(b) Assembled Chemical Weapons Assessment Defined.--As used
in subsection (a), the term ``Assembled Chemical Weapons
Assessment'' means the pilot program carried out under section
8065 of the Department of Defense Appropriations Act, 1997 (as
contained in section 101(b) of Public Law 104-208; 110 Stat.
3009-101; 50 U.S.C. 1521 note).
SEC. 152. REPORT ON ASSESSMENT OF NEED FOR FEDERAL ECONOMIC ASSISTANCE
FOR COMMUNITIES IMPACTED BY CHEMICAL
DEMILITARIZATION ACTIVITIES.
(a) Report Required.--Not later than April 1, 2001, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and of the House of Representatives a
report on the impact of the Department of Defense chemical
agents and munitions destruction program on the communities in
the vicinity of the chemical weapons stockpile storage sites
and associated chemical agent demilitarization activities at
the following facilities:
(1) Anniston Chemical Activity, Alabama.
(2) Blue Grass Chemical Activity, Kentucky.
(3) Deseret Chemical Depot, Utah.
(4) Edgewood Chemical Activity, Maryland.
(5) Newport Chemical Activity, Indiana.
(6) Pine Bluff Chemical Activity, Arkansas.
(7) Pueblo Chemical Activity, Colorado.
(8) Umatilla Chemical Depot, Oregon.
(b) Recommendation.--The Secretary shall include in the
report a recommendation regarding whether Federal economic
assistance for any or all of those communities to assist in
meeting the impact of that program is needed and appropriate.
If the Secretary's recommendation is that such economic
assistance is needed and appropriate for any or all of such
communities, the Secretary shall include in the report criteria
for determining the amount of such economic assistance.
(c) Matters To Be Considered in Assessing Impact.--In
assessing the impact of the program referred to in subsection
(a) for purposes of preparing the report required by that
subsection and the recommendation required by subsection (b),
the Secretary shall consider the following:
(1) The impact that any change in population as a
result of chemical agent demilitarization activities
would have on the community.
(2) The possible temporary nature of such a change
in population and the long-range financial impact of
such a change in population on the permanent residents
of the community.
(3) The initial capitalization required for the
services, facilities, or infrastructure to support any
increase in population.
(4) The operating costs for sustaining or upgrading
the services, facilities, or infrastructure to support
any increase in population.
(5) The costs incurred by local government entities
for improvements to emergency evacuation routes
required by the chemical demilitarization activities.
(6) Such other factors as the Secretary considers
appropriate.
SEC. 153. PROHIBITION AGAINST DISPOSAL OF NON-STOCKPILE CHEMICAL
WARFARE MATERIAL AT ANNISTON CHEMICAL STOCKPILE
DISPOSAL FACILITY.
No funds authorized to be made available under this or any
other Act may be used to facilitate the disposal using the
chemical stockpile disposal facility at Anniston, Alabama, of
any non-stockpile chemical warfare material that is not stored
(as of the date of the enactment of this Act) at the Anniston
Army Depot.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Management of Space-Based Infrared System--Low.
Sec. 212. Joint Strike Fighter program.
Sec. 213. Fiscal year 2002 joint field experiment.
Sec. 214. Nuclear aircraft carrier design and production modeling.
Sec. 215. DD-21 class destroyer program.
Sec. 216. Limitation on Russian American Observation Satellites program.
Sec. 217. Joint biological defense program.
Sec. 218. Report on biological warfare defense vaccine research and
development programs.
Sec. 219. Cost limitations applicable to F-22 aircraft program.
Sec. 220. Unmanned advanced capability combat aircraft and ground combat
vehicles.
Sec. 221. Global Hawk high altitude endurance unmanned aerial vehicle.
Sec. 222. Army space control technology development.
Subtitle C--Ballistic Missile Defense
Sec. 231. Funding for fiscal year 2001.
Sec. 232. Reports on ballistic missile threat posed by North Korea.
Sec. 233. Plan to modify ballistic missile defense architecture.
Sec. 234. Management of Airborne Laser program.
Subtitle D--High Energy Laser Programs
Sec. 241. Funding.
Sec. 242. Implementation of High Energy Laser Master Plan.
Sec. 243. Designation of senior official for high energy laser programs.
Sec. 244. Site for Joint Technology Office.
Sec. 245. High energy laser infrastructure improvements.
Sec. 246. Cooperative programs and activities.
Sec. 247. Technology plan.
Sec. 248. Annual report.
Sec. 249. Definition.
Sec. 250. Review of Defense-wide directed energy programs.
Subtitle E--Other Matters
Sec. 251. Reports on mobile offshore base concept and potential use for
certain purposes of technologies associated with that concept.
Sec. 252. Air Force science and technology planning.
Sec. 253. Enhancement of authorities regarding education partnerships
for purposes of encouraging scientific study.
Sec. 254. Recognition of those individuals instrumental to naval
research efforts during the period from before World War II
through the end of the Cold War.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2001 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $5,568,482,000.
(2) For the Navy, $8,715,335,000.
(3) For the Air Force, $13,779,144,000.
(4) For Defense-wide activities, $10,873,712,000,
of which $192,060,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 2001.--Of the amounts authorized to be
appropriated by section 201, $4,557,188,000 shall be available
for basic research and applied research projects.
(b) Basic Research and Applied Research Defined.--For
purposes of this section, the term ``basic research and applied
research'' means work funded in program elements for defense
research and development under Department of Defense category
6.1 or 6.2.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MANAGEMENT OF SPACE-BASED INFRARED SYSTEM--LOW.
Not later than October 1, 2001, the Secretary of Defense
shall direct that the Director of the Ballistic Missile Defense
Organization shall have authority for program management for
the ballistic missile defense program known on the date of the
enactment of this Act as the Space-Based Infrared System--Low.
SEC. 212. JOINT STRIKE FIGHTER PROGRAM.
(a) Report.--Not later than December 15, 2000, the
Secretary of Defense shall submit to the congressional defense
committees a report on the Joint Strike Fighter aircraft
program describing the criteria for exit of the program from
the demonstration and validation phase, and entry of the
program into the engineering and manufacturing development
phase, of the acquisition process.
(b) Certification.--The Joint Strike Fighter program may
not be approved for entry into the engineering and
manufacturing development phase of the acquisition process
until the Secretary of Defense certifies to the congressional
defense committees that--
(1) the exit criteria established in the report
submitted under subsection (a) have been accomplished;
(2) the technological maturity of key technologies
for the program is sufficient to warrant entry of the
program into the engineering and manufacturing
development phase; and
(3) the short take-off, vertical-landing aircraft
variant selected for engineering and manufacturing
development has successfully flown at least 20 hours.
(c) Transfers Within the Joint Strike Fighter Navy and Air
Force Accounts.--(1) The Secretary of Defense may, subject to
established congressional notification and reprogramming
procedures, transfer within the Joint Strike Fighter program
the following amounts:
(A) Of the funds authorized to be appropriated for
PE 64800N, up to $100,000,000 to PE 63800N.
(B) Of the funds authorized to be appropriated for
PE 64800F, up to $100,000,000 to PE 63800F.
(2) The transfer authority authorized in paragraph (1) is
in addition to the transfer authority provided in section 1001.
SEC. 213. FISCAL YEAR 2002 JOINT FIELD EXPERIMENT.
(a) Requirements.--The Secretary of Defense shall carry out
a joint field experiment in fiscal year 2002. The Secretary
shall ensure that the planning for the joint field experiment
is carried out in fiscal year 2001.
(b) Purpose.--The purpose of the joint field experiment is
to explore critical war fighting challenges at the operational
level of war that will confront United States joint military
forces after 2010.
(c) Participating Forces.--(1) The joint field experiment
shall involve elements of the Army, Navy, Marine Corps, and Air
Force, and shall include special operations forces.
(2) The forces designated to participate in the joint field
experiment shall exemplify the concepts for organization,
equipment, and doctrine that are conceived for the forces after
2010 under Joint Vision 2010 and Joint Vision 2020 (issued by
the Joint Chiefs of Staff) and the current vision statements of
the Chief of Staff of the Army, the Chief of Naval Operations,
the Commandant of the Marine Corps, and the Chief of Staff of
the Air Force, including the following concepts:
(A) Army medium weight brigades.
(B) Navy Forward-From-The-Sea.
(C) Air Force expeditionary aerospace forces.
(d) Report.--Not later than March 1, 2001, the Secretary
shall submit to the congressional defense committees a report
on the concept plan for the joint field experiment required
under subsection (a). The report shall include the following:
(1) The objectives of the experiment.
(2) The forces participating in the experiment.
(3) The schedule and location of the experiment.
(4) For each joint command, defense agency, and
service component participating in the experiment, an
identification of--
(A) the funding required for the experiment
by that command, agency, or component; and
(B) any shortfall in the budget request for
the Department of Defense for fiscal year 2002
for that funding for that command, agency, or
component.
SEC. 214. NUCLEAR AIRCRAFT CARRIER DESIGN AND PRODUCTION MODELING.
(a) Assessment Required.--The Secretary of the Navy shall
conduct an assessment of the cost-effectiveness of--
(1) converting design data for the Nimitz-class
aircraft carrier from non-electronic to electronic
form; and
(2) developing an electronic, three-dimensional
design product model for the CVNX class aircraft
carrier.
(b) Conduct of the Assessment.--The Secretary of the Navy
shall carry out the assessment in a manner that ensures the
participation of the nuclear aircraft carrier shipbuilding
industry.
(c) Report.--The Secretary of the Navy shall submit a
report to the congressional defense committees on the
assessment. The report shall include the results of the
assessment and plans and funding requirements for developing
the model specified in subsection (a)(2). The report shall be
submitted with the submission of the budget request for the
Department of Defense for fiscal year 2002.
(d) Funding.--Of the amount authorized to be appropriated
under section 201(2) for research, development, test, and
evaluation for the Navy, $8,000,000 shall be available to
initiate the conversion and development of nuclear aircraft
carrier design data into an electronic, three-dimensional
product model.
SEC. 215. DD-21 CLASS DESTROYER PROGRAM.
(a) Authority.--The Secretary of the Navy is authorized to
pursue a technology insertion approach for the construction of
the DD-21 destroyer that is based on the assumption of the
following schedule:
(1) Award of a contract for advance procurement for
construction of components for the DD-21 destroyer
during fiscal year 2004.
(2) Delivery of the completed ship during fiscal
year 2009.
(b) Sense of Congress.--It is the sense of Congress that--
(1) there are compelling reasons for starting the
program for constructing the DD-21 destroyer during
fiscal year 2004 with available procurement funds and
continuing with sequential construction of DD-21 class
destroyers during the ensuing fiscal years until 32 DD-
21 class destroyers have been constructed; and
(2) the Secretary of the Navy, in providing for the
acquisition of DD-21 class destroyers, should consider
that--
(A) the Marine Corps needs the surface
fire-support capabilities of the DD-21 class
destroyers as soon as possible in order to
mitigate the inadequacies of the surface fire-
support capabilities that are currently
available;
(B) the Navy and Marine Corps need to
resolve whether there is a requirement for
surface fire-support missile weapon systems to
be easily sustainable by means of replenishment
while under way;
(C) the technology insertion approach has
been successful for other ship construction
programs and is being pursued for the CVNX
aircraft carrier program and the Virginia class
submarine program;
(D) the establishment of a stable
configuration for the first 10 DD-21 class
destroyers should enable the construction of
those ships with the greatest capabilities at
the lowest cost; and
(E) action to acquire DD-21 class
destroyers should be taken as soon as possible
in order to realize fully the cost savings that
can be derived from the construction and
operation of DD-21 class destroyers,
including--
(i) savings in construction costs
that would result from achievement of
the Navy's target per-ship cost of
$750,000,000 by the fifth ship
constructed in each construction yard;
(ii) savings that would result from
the estimated reduction of the crews of
destroyers by 200 or more personnel for
each ship; and
(iii) savings that would result
from a reduction in the operating costs
for destroyers by an estimated 70
percent.
(c) Navy Plan for Use of Technology Insertion Approach for
Construction of the DD-21 Ship.--The Secretary of the Navy
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives, not later than April 18,
2001, a plan for pursuing a technology insertion approach for
the construction of the DD-21 destroyer as authorized under
subsection (a). The plan shall include estimates of the
resources necessary to carry out the plan.
(d) Report on Acquisition and Maintenance Plan for DD-21
Class Ships.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than April 18, 2001, a report on the
Navy's plan for the acquisition and maintenance of DD-21 class
destroyers. The report shall include a discussion of each of
the following matters:
(1) The technical feasibility of contracting for,
and commencing construction of, the first destroyer in
that class during fiscal year 2004 and achieving
delivery of the completed ship during fiscal year 2009.
(2) An analysis of alternative contracting
strategies for the construction of the first 10
destroyers in that class, including one or more
multiyear procurement strategies and one or more
strategies for block buy in economic order quantity.
(3) A comparison of the effects on the destroyer
industrial base and on costs to other Navy shipbuilding
programs of the following two options:
(A) Commencing construction of the first
destroyer in that class during fiscal year
2004, with delivery of the completed ship
during fiscal year 2009, and delaying
commencement of construction of the next
destroyer in that class until fiscal year 2006.
(B) Commencing construction of the first
destroyer in that class during fiscal year 2005
(rather than fiscal year 2004), with advance
procurement during fiscal year 2004 and
delivery of the completed ship during fiscal
year 2010, and delaying commencement of
construction of the next destroyer in that
class until fiscal year 2007 (rather than
fiscal year 2006).
(4) The effects on the fleet maintenance strategies
of Navy fleet commanders, on commercial maintenance
facilities in fleet concentration areas, and on the
administration of funds in compliance with section 2466
of title 10, United States Code, of awarding to a
contractor for the construction of a destroyer in that
class all maintenance workloads for destroyers in that
class that are below depot-level maintenance and above
ship-level maintenance.
SEC. 216. LIMITATION ON RUSSIAN AMERICAN OBSERVATION SATELLITES
PROGRAM.
None of the funds authorized to be appropriated under
section 201(4) for the Russian American Observation Satellites
program may be obligated or expended until 30 days after the
Secretary of Defense submits to Congress a report explaining
how the Secretary plans to protect United States advanced
military technology that may be associated with the Russian
American Observation Satellites program.
SEC. 217. JOINT BIOLOGICAL DEFENSE PROGRAM.
(a) Limitation.--Subject to subsection (c), funds
authorized to be appropriated by this Act may not be obligated
for the procurement of a vaccine for the biological agent
anthrax until the Secretary of Defense has submitted to the
congressional defense committees each of the following:
(1) A written notification that the Food and Drug
Administration has approved the current manufacturer
for production of the vaccine.
(2) A report on the contingencies associated with
continuing to rely on the current manufacturer to
supply the vaccine.
(b) Content of Report.--The report required under
subsection (a)(2) shall include each of the following:
(1) Recommended strategies to mitigate the risk to
the Department of Defense of losing the current
manufacturer as a source of anthrax vaccine, together
with a discussion of the criteria to be applied in
determining whether to carry out any of the strategies
and which strategy to carry out.
(2) Recommended strategies to ensure that the
Department of Defense can procure, from one or more
sources other than the current manufacturer, an anthrax
vaccine approved by the Food and Drug Administration
that meets the requirements of the Department if--
(A) the Food and Drug Administration does
not approve the release of the anthrax vaccine
available from the current manufacturer; or
(B) the current manufacturer terminates the
production of anthrax vaccine permanently.
(3) A five-year budget to support each strategy
recommended under paragraph (1) or (2).
(c) Permissible Obligations.--(1) This section does not
limit the obligation of funds for any of the following
purposes:
(A) The support of any action that is necessary for
the current manufacturer to comply with standards of
the Food and Drug Administration (including those
purposes necessary to obtain or maintain a biological
license application) applicable to anthrax vaccine.
(B) Establishing an additional source (other than
or in conjunction with the current manufacturer) for
the production of anthrax vaccine.
(C) Any action that the Secretary determines
necessary to ensure production of anthrax vaccine for
meeting an urgent and immediate national defense
requirement.
(2) Not later than seven days after the total amount of the
funds obligated (or obligated and expended) for purposes
specified in paragraph (1) exceeds $5,000,000, the Secretary
shall submit to Congress a notification that the total
obligations exceed that amount, together with a written
justification for the obligation of funds in excess of that
amount.
(d) Current Manufacturer.--In this section, the term
``current manufacturer'' means the manufacturing source from
which the Department of Defense is procuring anthrax vaccine as
of the date of the enactment of this Act.
SEC. 218. REPORT ON BIOLOGICAL WARFARE DEFENSE VACCINE RESEARCH AND
DEVELOPMENT PROGRAMS.
(a) Report Required.--Not later than February 1, 2001, the
Secretary of Defense shall submit to the congressional defense
committees a report on the acquisition of biological warfare
defense vaccines for the Department of Defense.
(b) Contents.--The report shall include the following:
(1) The Secretary's evaluation of the implications
of reliance on the commercial sector to meet the
requirements of the Department of Defense for
biological warfare defense vaccines.
(2) A design for a government-owned, contractor-
operated facility for the production of biological
warfare defense vaccines that meets the requirements of
the Department for such vaccines, and the assumptions
on which that design is based.
(3) A preliminary cost estimate of, and schedule
for, establishing and bringing into operation such a
facility, and the estimated annual cost of operating
such a facility thereafter.
(4) A determination, developed in consultation with
the Surgeon General, of the utility of such a facility
to support the production of vaccines for the civilian
sector, and a discussion of the effects that the use of
such a facility for that purpose might have on--
(A) the production of vaccines for the
Armed Forces; and
(B) the annual cost of operating such a
facility.
(5) An analysis of the effects that international
requirements for vaccines, and the production of
vaccines in response to those requirements, might have
on--
(A) the production of vaccines for the
Armed Forces; and
(B) the annual cost of operating such a
facility.
(c) Biological Warfare Defense Vaccine Defined.--In this
section, the term ``biological warfare defense vaccine'' means
a vaccine useful for the immunization of military personnel to
protect against biological agents on the Validated Threat List
issued by the Joint Chiefs of Staff, whether such vaccine is in
production or is being developed.
SEC. 219. COST LIMITATIONS APPLICABLE TO F-22 AIRCRAFT PROGRAM.
(a) Flexibility in Engineering and Manufacturing
Development Cost Cap.--Section 217(c) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1660) is amended by adding at the end the following new
paragraph:
``(3) With respect to the limitation in subsection
(a), an increase by an amount that does not exceed 1\1/
2\ percent of the total amount of that limitation
(taking into account the increases and decreases, if
any, under paragraphs (1) and (2)) if the Director of
Operational Test and Evaluation, after consulting with
the Under Secretary of Defense for Acquisition,
Technology, and Logistics, determines that the increase
is necessary in order to ensure adequate testing.''.
(b) Reestablishment of Separate Engineering and
Manufacturing Development Cost Cap and Production Cost Cap.--
The provisions of subsections (a) and (b) of section 217 of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 111 Stat. 1660) shall continue to apply with
respect to amounts obligated and expended for engineering and
manufacturing development, and for production, respectively,
for the F-22 aircraft program without regard to any provision
of law establishing a single limitation on amounts obligated
and expended for engineering and manufacturing development and
for production for that program.
SEC. 220. UNMANNED ADVANCED CAPABILITY COMBAT AIRCRAFT AND GROUND
COMBAT VEHICLES.
(a) Goal.--It shall be a goal of the Armed Forces to
achieve the fielding of unmanned, remotely controlled
technology such that--
(1) by 2010, one-third of the aircraft in the
operational deep strike force aircraft fleet are
unmanned; and
(2) by 2015, one-third of the operational ground
combat vehicles are unmanned.
(b) Report on Unmanned Advanced Capability Combat Aircraft
and Ground Combat Vehicles.--(1) Not later than January 31,
2001, the Secretary of Defense shall submit to the
congressional defense committees a report on the programs to
demonstrate unmanned advanced capability combat aircraft and
ground combat vehicles undertaken jointly between the Director
of the Defense Advanced Research Projects Agency and any of the
following:
(A) The Secretary of the Army.
(B) The Secretary of the Navy.
(C) The Secretary of the Air Force.
(2) The report shall include, for each program referred to
in paragraph (1), the following:
(A) A schedule for the demonstration to be carried
out under that program.
(B) An identification of the funding required for
fiscal year 2002 and for the future-years defense
program to carry out that program and for the
demonstration to be carried out under that program.
(C) In the case of the program relating to the
Army, the plan for modification of the existing
memorandum of agreement with the Defense Advanced
Research Projects Agency for demonstration and
development of the Future Combat System to reflect an
increase in unmanned, remotely controlled enabling
technologies.
(3) The report shall also include, for each Secretary
referred to in paragraphs (1)(A), (1)(B), and (1)(C), a
description and assessment of the acquisition strategy for
unmanned advanced capability combat aircraft and ground combat
vehicles planned by that Secretary, which shall include a
detailed estimate of all research and development, procurement,
operation, support, ownership, and other costs required to
carry out such strategy through the year 2030, and--
(A) in the case of the acquisition strategy
relating to the Army, the transition from the planned
acquisition strategy for the Future Combat System to an
acquisition strategy capable of meeting the goal
specified in subsection (a)(2);
(B) in the case of the acquisition strategy
relating to the Navy--
(i) the plan to implement a program that
examines the ongoing Air Force unmanned combat
air vehicle program and identifies an approach
to develop a Navy unmanned combat air vehicle
program that has the goal of developing an
aircraft that is suitable for aircraft carrier
use and has maximum commonality with the
aircraft under the Air Force program; and
(ii) an analysis of alternatives between
the operational deep strike force aircraft
fleet and that fleet together with an
additional 10 to 20 unmanned advanced
capability combat aircraft that are suitable
for aircraft carrier use and capable of
penetrating fully operational enemy air defense
systems; and
(C) in the case of the acquisition strategy
relating to the Air Force--
(i) the schedule for evaluation of
demonstration results for the ongoing unmanned
combat air vehicle program and the earliest
possible transition of that program into
engineering and manufacturing development and
procurement; and
(ii) an analysis of alternatives between
the currently planned deep strike force
aircraft fleet and the operational deep strike
force aircraft fleet that could be acquired by
fiscal year 2010 to meet the goal specified in
subsection (a)(1).
(c) Funds.--Of the amount authorized to be appropriated for
Defense-wide activities under section 201(4) for the Defense
Advanced Research Projects Agency, $100,000,000 shall be
available only to carry out the programs referred to in
subsection (b)(1).
(d) Definitions.--For purposes of this section:
(1) An aircraft or ground combat vehicle has
``unmanned advanced capability'' if it is an
autonomous, semi-autonomous, or remotely controlled
system that can be deployed, re-tasked, recovered, and
re-deployed.
(2) The term ``currently planned deep strike force
aircraft fleet'' means the early entry, deep strike
aircraft fleet (composed of F-117 stealth aircraft and
B-2 stealth aircraft) that is currently planned for
fiscal year 2010.
(3) The term ``operational deep strike force
aircraft fleet'' means the currently planned deep
strike force aircraft fleet, together with at least 30
unmanned advanced capability combat aircraft that are
capable of penetrating fully operational enemy air
defense systems.
(4) The term ``operational ground combat vehicles''
means ground combat vehicles acquired through the
Future Combat System acquisition program of the Army to
equip the future objective force, as outlined in the
vision statement of the Chief of Staff of the Army.
SEC. 221. GLOBAL HAWK HIGH ALTITUDE ENDURANCE UNMANNED AERIAL VEHICLE.
(a) Concept Demonstration Required.--The Secretary of
Defense shall require and coordinate a concept demonstration of
the Global Hawk high altitude endurance unmanned aerial
vehicle.
(b) Purpose of Demonstration.--The purpose of the concept
demonstration is to demonstrate the capability of the Global
Hawk high altitude endurance unmanned aerial vehicle to operate
in an airborne surveillance mode, using available, non-
developmental technology.
(c) Time for Demonstration.--The Secretary shall initiate
the demonstration not later than March 1, 2001.
(d) Participation by CINCs.--The Secretary shall require
the commander of the United States Joint Forces Command and the
commander of the United States Southern Command jointly to
provide guidance for the demonstration and otherwise to
participate in the demonstration.
(e) Scenario for Demonstration.--The demonstration shall be
conducted in a counter-drug surveillance scenario that is
designed to replicate factual conditions typically encountered
in the performance of the counter-drug surveillance mission of
the commander of the United States Southern Command within that
commander's area of responsibility.
(f) Report.--Not later than 45 days after the demonstration
is completed, the Secretary shall submit to Congress a report
on the results of the demonstration. The report shall include
the following:
(1) The Secretary's assessment of the technical
feasibility of using the Global Hawk high altitude
endurance unmanned aerial vehicle for airborne air
surveillance.
(2) A discussion of the operational concept for the
use of the vehicle for that purpose.
(g) Funding.--Of the funds authorized to be appropriated by
section 301(20) for Drug Interdiction and Counter-drug
Activities, Defense-wide, $18,000,000 shall be available for
the concept demonstration required by subsection (a), including
initiation of concurrent development for an improved
surveillance radar.
SEC. 222. ARMY SPACE CONTROL TECHNOLOGY DEVELOPMENT.
Of the funds authorized to be appropriated under section
201(1) for Army space control technology, $3,000,000 shall be
available for the kinetic energy anti-satellite technology
program.
Subtitle C--Ballistic Missile Defense
SEC. 231. FUNDING FOR FISCAL YEAR 2001.
Of the funds authorized to be appropriated in section
201(4), $1,875,238,000 shall be available for the National
Missile Defense program.
SEC. 232. REPORTS ON BALLISTIC MISSILE THREAT POSED BY NORTH KOREA.
(a) Report on Ballistic Missile Threat.--Not later than two
weeks after the next flight test by North Korea of a long-range
ballistic missile, the President shall submit to Congress, in
classified and unclassified form, a report on the North Korean
ballistic missile threat to the United States. The report shall
include the following:
(1) An assessment of the current North Korean
missile threat to the United States.
(2) An assessment of whether the United States is
capable of defeating the North Korean long-range
missile threat to the United States as of the date of
the report.
(3) An assessment of when the United States will be
capable of defeating the North Korean missile threat to
the United States.
(4) An assessment of the potential for
proliferation of North Korean missile technologies to
other states and whether such proliferation will
accelerate the development of additional long-range
ballistic missile threats to the United States.
(b) Report on Reducing Vulnerability.--Not later than two
weeks after the next flight test by North Korea of a long-range
ballistic missile, the President shall submit to Congress a
report providing the following:
(1) Any additional steps the President intends to
take to reduce the period of time during which the
Nation is vulnerable to the North Korean long-range
ballistic missile threat.
(2) The technical and programmatic viability of
testing any other missile defense systems against
targets with flight characteristics similar to the
North Korean long-range missile threat, and plans to do
so if such tests are considered to be a viable
alternative.
(c) Definition.--For purposes of this section, the term
``United States'', when used in a geographic sense, means the
50 States, the District of Columbia, and any Commonwealth,
territory, or possession of the United States.
SEC. 233. PLAN TO MODIFY BALLISTIC MISSILE DEFENSE ARCHITECTURE.
(a) Plan.--The Director of the Ballistic Missile Defense
Organization shall develop a plan to adapt ballistic missile
defense systems and architectures to counter potential threats
to the United States, United States forces deployed outside the
United States, and other United States national security
interests that are posed by longer range medium-range ballistic
missiles and intermediate-range ballistic missiles.
(b) Use of Space-Based Sensors Included.--The plan shall
include--
(1) potential use of space-based sensors, including
the Space-Based Infrared System (SBIRS) Low and Space-
Based Infrared System (SBIRS) High, Navy theater
missile defense assets, upgrades of land-based theater
missile defenses, the airborne laser, and other assets
available in the European theater; and
(2) a schedule for ground and flight testing
against the identified threats.
(c) Report.--The Secretary of Defense shall assess the plan
and, not later than February 15, 2001, shall submit to the
congressional defense committees a report on the results of the
assessment.
SEC. 234. MANAGEMENT OF AIRBORNE LASER PROGRAM.
(a) Oversight of Funding, Schedule, and Technical
Requirements.--With respect to the program known as of the date
of the enactment of this Act as the ``Airborne Laser'' program,
the Secretary of Defense shall require that the Secretary of
the Air Force obtain the concurrence of the Director of the
Ballistic Missile Defense Organization before the Secretary--
(1) makes any change to the funding plan or
schedule for that program that would delay to a date
later than September 30, 2003, the first test of the
airborne laser that is intended to destroy a ballistic
missile in flight;
(2) makes any change to the funding plan for that
program in the future-years defense program that would
delay the initial operational capability of the
airborne laser; and
(3) makes any change to the technical requirements
of the airborne laser that would significantly reduce
its ballistic missile defense capabilities.
(b) Report.--Not later than February 15, 2001, the Director
of the Ballistic Missile Defense Organization shall submit to
the congressional defense committees a report, to be prepared
in coordination with the Secretary of the Air Force, on the
role of the airborne laser in the family of systems missile
defense architecture developed by the Director of the Ballistic
Missile Defense Organization and the Director of the Joint
Theater Air and Missile Defense Organization. The report shall
be submitted in unclassified and, if necessary, classified
form. The report shall include the following:
(1) An assessment by the Secretary of the Air Force
and the Director of the Ballistic Missile Defense
Organization of the funding plan for that program
required to achieve the schedule identified in
paragraphs (1) and (2) of subsection (a).
(2) Potential future airborne laser roles in that
architecture.
(3) An assessment of the effect of deployment of
the airborne laser on requirements for theater
ballistic missile defense systems.
(4) An assessment of the cost effectiveness of the
airborne laser compared to other ballistic missile
defense systems.
(5) An assessment of the relative significance of
the airborne laser in the family of systems missile
defense architecture.
Subtitle D--High Energy Laser Programs
SEC. 241. FUNDING.
(a) Funding for Fiscal Year 2001.--(1) Of the amount
authorized to be appropriated by section 201(4), $30,000,000 is
authorized for high energy laser development.
(2) Funds available under this subsection are available to
supplement the high energy laser programs of the military
departments and Defense Agencies, as determined by the official
designated under section 243.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense should establish
funding for high energy laser programs within the
science and technology programs of each of the military
departments and the Ballistic Missile Defense
Organization; and
(2) the Secretary of Defense should establish a
goal that basic, applied, and advanced research in high
energy laser technology should constitute at least 4.5
percent of the total science and technology budget of
the Department of Defense by fiscal year 2004.
SEC. 242. IMPLEMENTATION OF HIGH ENERGY LASER MASTER PLAN.
The Secretary of Defense shall implement the management and
organizational structure specified in the Department of Defense
High Energy Laser Master Plan of March 24, 2000.
SEC. 243. DESIGNATION OF SENIOR OFFICIAL FOR HIGH ENERGY LASER
PROGRAMS.
(a) Designation.--The Secretary of Defense shall designate
a single senior civilian official in the Office of the
Secretary of Defense (in this subtitle referred to as the
``designated official'') to chair the High Energy Laser
Technology Council called for in the master plan referred to in
section 242 and to carry out responsibilities for the programs
for which funds are provided under this subtitle. The
designated official shall report directly to the Under
Secretary of Defense for Acquisition, Technology, and Logistics
for matters concerning the responsibilities specified in
subsection (b).
(b) Responsibilities.--The primary responsibilities of the
designated official shall include the following:
(1) Establishment of priorities for the high energy
laser programs of the military departments and the
Defense Agencies.
(2) Coordination of high energy laser programs
among the military departments and the Defense
Agencies.
(3) Identification of promising high energy laser
technologies for which funding should be a high
priority for the Department of Defense and
establishment of priority for funding among those
technologies.
(4) Preparation, in coordination with the
Secretaries of the military departments and the
Directors of the Defense Agencies, of a detailed
technology plan to develop and mature high energy laser
technologies.
(5) Planning and programming appropriate to rapid
evolution of high energy laser technology.
(6) Ensuring that high energy laser programs of
each military department and the Defense Agencies are
initiated and managed effectively and are complementary
with programs managed by the other military departments
and Defense Agencies and by the Office of the Secretary
of Defense.
(7) Ensuring that the high energy laser programs of
the military departments and the Defense Agencies
comply with the requirements specified in subsection
(c).
(c) Coordination and Funding Balance.--In carrying out the
responsibilities specified in subsection (b), the designated
official shall ensure that--
(1) high energy laser programs of each military
department and of the Defense Agencies are consistent
with the priorities identified in the designated
official's planning and programming activities;
(2) funding provided by the Office of the Secretary
of Defense for high energy laser research and
development complements high energy laser programs for
which funds are provided by the military departments
and the Defense Agencies;
(3) programs, projects, and activities to be
carried out by the recipients of such funds are
selected on the basis of appropriate competitive
procedures or Department of Defense peer review
process;
(4) beginning with fiscal year 2002, funding from
the Office of the Secretary of Defense in applied
research and advanced technology development program
elements is not applied to technology efforts in
support of high energy laser programs that are not
funded by a military department or the Defense
Agencies; and
(5) funding from the Office of the Secretary of
Defense to complement an applied research or advanced
technology development high energy laser program for
which funds are provided by one of the military
departments or the Defense Agencies do not exceed the
amount provided by the military department or the
Defense Agencies for that program.
SEC. 244. SITE FOR JOINT TECHNOLOGY OFFICE.
(a) Deadline for Selection of Site.--The Secretary of
Defense shall locate the Joint Technology Office called for in
the High Energy Laser Master Plan referred to in section 242 at
a location determined appropriate by the Secretary not later
than 30 days after the date of the enactment of this Act.
(b) Consideration of Site.--In determining the location of
the Joint Technology Office, the Secretary shall, in
consultation with the Deputy Under Secretary of Defense for
Science and Technology, assess--
(1) cost;
(2) accessibility between the Office and the Armed
Forces and senior Department of Defense leaders; and
(3) the advantages and disadvantages of locating
the Office at a site at which occurs a substantial
proportion of the directed energy research,
development, test, and evaluation activities of the
Department of Defense.
SEC. 245. HIGH ENERGY LASER INFRASTRUCTURE IMPROVEMENTS.
(a) Enhancement of Industrial Base.--The Secretary of
Defense shall consider, evaluate, and undertake to the extent
appropriate initiatives, including investment initiatives, to
enhance the industrial base to support military applications of
high energy laser technologies and systems.
(b) Enhancement of Test and Evaluation Capabilities.--The
Secretary of Defense shall consider modernizing the High Energy
Laser Test Facility at White Sands Missile Range, New Mexico,
in order to enhance the test and evaluation capabilities of the
Department of Defense with respect to high energy laser
weapons.
SEC. 246. COOPERATIVE PROGRAMS AND ACTIVITIES.
(a) Memorandum of Agreement With NNSA.--(1) The Secretary
of Defense and the Administrator for Nuclear Security of the
Department of Energy shall enter into a memorandum of agreement
to conduct joint research and development on military
applications of high energy lasers.
(2) The projects pursued under the memorandum of
agreement--
(A) shall be of mutual benefit to the national
security programs of the Department of Defense and the
National Nuclear Security Administration of the
Department of Energy;
(B) shall be prioritized jointly by officials
designated to do so by the Secretary of Defense and the
Administrator; and
(C) shall be consistent with the technology plan
prepared pursuant to section 243(b)(4) and the
requirements identified in section 243(c).
(3) The costs of each project pursued under the memorandum
of agreement shall be shared equally by the Department of
Defense and the National Nuclear Security Administration.
(4) The memorandum of agreement shall provide for
appropriate peer review of projects pursued under the
memorandum of agreement.
(b) Evaluation of Other Cooperative Programs and
Activities.--The Secretary of Defense shall evaluate the
feasibility and advisability of entering into cooperative
programs or activities with other Federal agencies,
institutions of higher education, and the private sector for
the purpose of enhancing the programs, projects, and activities
of the Department of Defense relating to high energy laser
technologies, systems, and weapons.
SEC. 247. TECHNOLOGY PLAN.
The designated official shall submit to the congressional
defense committees by February 15, 2001, the technology plan
prepared pursuant to section 243(b)(4). The report shall be
submitted in unclassified and, if necessary, classified form.
SEC. 248. ANNUAL REPORT.
Not later than February 15 of 2001, 2002, and 2003, the
Secretary of Defense shall submit to the congressional defense
committees a report on the high energy laser programs of the
Department of Defense. Each report shall include an assessment
of the following:
(1) The adequacy of the management structure of the
Department of Defense for the high energy laser
programs.
(2) The funding available for the high energy laser
programs.
(3) The technical progress achieved for the high
energy laser programs.
(4) The extent to which goals and objectives of the
high energy laser technology plan have been met.
SEC. 249. DEFINITION.
For purposes of this subtitle, the term ``high energy
laser'' means a laser that has average power in excess of one
kilowatt and that has potential weapons applications.
SEC. 250. REVIEW OF DEFENSE-WIDE DIRECTED ENERGY PROGRAMS.
(a) Evaluation.--The Secretary of Defense, in consultation
with the Deputy Under Secretary of Defense for Science and
Technology, shall evaluate expansion of the High Energy Laser
management structure specified in section 242 for possible
inclusion in that management structure of science and
technology programs in related areas, including the following:
(1) High power microwave technologies.
(2) Low energy and nonlethal laser technologies.
(3) Other directed energy technologies.
(b) Consideration of Prior Study.--The evaluation under
subsection (a) shall take into consideration the July 1999
Department of Defense study on streamlining and coordinating
science and technology and research, development, test, and
evaluation within the Department of Defense.
(c) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the findings of
the evaluation under subsection (a). The report shall be
submitted not later than March 15, 2001.
Subtitle E--Other Matters
SEC. 251. REPORTS ON MOBILE OFFSHORE BASE CONCEPT AND POTENTIAL USE FOR
CERTAIN PURPOSES OF TECHNOLOGIES ASSOCIATED WITH
THAT CONCEPT.
(a) Report on Merits of Mobile Offshore Base Concept.--Not
later than March 1, 2001, the Secretary of Defense shall submit
to the congressional defense committees a report on the mobile
offshore base concept. The report shall include the following:
(1) A cost-benefit analysis of the mobile offshore
base, using operational concepts that would support the
National Military Strategy.
(2) A recommendation regarding whether to proceed
with the mobile offshore base as a program and, if so--
(A) a statement regarding which of the
Armed Forces is to be designated to have the
lead responsibility for the program; and
(B) a schedule for the program.
(b) Report on Potential Use for Certain Purposes of
Associated Technologies.--Not later than March 1, 2001, the
Secretary of the Navy shall submit to the congressional defense
committees a report on the potential use of technologies
associated with the mobile offshore base concept. The report
shall include an assessment of the potential application and
feasibility of using existing technologies, including those
technologies associated with the mobile offshore base concept,
to a sea-based landing platform for support of naval aviation
training.
SEC. 252. AIR FORCE SCIENCE AND TECHNOLOGY PLANNING.
(a) Requirement for Review.--The Secretary of the Air Force
shall conduct a review of the long-term challenges and short-
term objectives of the Air Force science and technology
programs. The Secretary shall complete the review not later
than one year after the date of the enactment of this Act.
(b) Matters To Be Reviewed.--The review shall include the
following:
(1) An assessment of the budgetary resources that
are being used for fiscal year 2001 for addressing the
long-term challenges and the short-term objectives of
the Air Force science and technology programs.
(2) The budgetary resources that are necessary to
address those challenges and objectives adequately.
(3) A course of action for each projected or
ongoing Air Force science and technology program that
does not address either the long-term challenges or the
short-term objectives.
(4) The matters required under subsection (c)(5)
and (d)(6).
(c) Long-Term Challenges.--(1) The Secretary of the Air
Force shall establish an integrated product team to identify
high-risk, high-payoff challenges that will provide a long-term
focus and motivation for the Air Force science and technology
programs over the next 20 to 50 years following the enactment
of this Act. The integrated product team shall include
representatives of the Office of Scientific Research and
personnel from the Air Force Research Laboratory.
(2) The team shall solicit views from the entire Air Force
science and technology community on the matters under
consideration by the team.
(3) The team--
(A) shall select for consideration science and
technology challenges that involve--
(i) compelling requirements of the Air
Force;
(ii) high-risk, high-payoff areas of
exploration; and
(iii) very difficult, but probably
achievable, results; and
(B) should not select a linear extension of any
ongoing Air Force science and technology program for
consideration as a science and technology challenge
under subparagraph (A).
(4) The Deputy Assistant Secretary of the Air Force for
Science, Technology, and Engineering shall designate a
technical coordinator and a management coordinator for each
science and technology challenge identified pursuant to this
subsection. Each technical coordinator shall have sufficient
expertise in fields related to the challenge to be able to
identify other experts in such fields and to affirm the
credibility of the challenge. The coordinator for a science and
technology challenge shall conduct workshops within the
relevant scientific and technological community to obtain
suggestions for possible approaches to addressing the challenge
and to identify ongoing work that addresses the challenge,
deficiencies in current work relating to the challenge, and
promising areas of research.
(5) In carrying out subsection (a), the Secretary of the
Air Force shall review the science and technology challenges
identified pursuant to this subsection and, for each such
challenge, at a minimum--
(A) consider the results of the workshops conducted
pursuant to paragraph (4); and
(B) identify any work not currently funded by the
Air Force that should be performed to meet the
challenge.
(d) Short-Term Objectives.--(1) The Secretary of the Air
Force shall establish a task force to identify short-term
technological objectives of the Air Force science and
technology programs. The task force shall be chaired by the
Deputy Assistant Secretary of the Air Force for Science,
Technology, and Engineering and shall include representatives
of the Chief of Staff of the Air Force and the specified
combatant commands of the Air Force.
(2) The task force shall solicit views from the entire Air
Force requirements community, user community, and acquisition
community.
(3) The task force shall select for consideration short-
term objectives that involve--
(A) compelling requirements of the Air Force;
(B) support in the user community; and
(C) likely attainment of the desired benefits
within a five-year period.
(4) The Deputy Assistant Secretary of the Air Force for
Science, Technology, and Engineering shall establish an
integrated product team for each short-term objective
identified pursuant to this subsection. Each integrated product
team shall include representatives of the requirements
community, the user community, and the science and technology
community with relevant expertise.
(5) The integrated product team for a short-term objective
shall be responsible for--
(A) identifying, defining, and prioritizing the
enabling capabilities that are necessary for achieving
the objective;
(B) identifying deficiencies in the enabling
capabilities that must be addressed if the short-term
objective is to be achieved; and
(C) working with the Air Force science and
technology community to identify science and technology
projects and programs that should be undertaken to
eliminate each deficiency in an enabling capability.
(6) In carrying out subsection (a), the Secretary of the
Air Force shall review the short-term science and technology
objectives identified pursuant to this subsection and, for each
such objective, at a minimum--
(A) consider the work of the integrated product
team conducted pursuant to paragraph (5); and
(B) identify the science and technology work of the
Air Force that should be undertaken to eliminate each
deficiency in enabling capabilities that is identified
by the integrated product team pursuant to subparagraph
(B) of that paragraph.
(e) Comptroller General Review.--(1) Not later than 90 days
after the Secretary of the Air Force completes the review
required by subsection (a), the Comptroller General shall
submit to Congress a report on the results of the review. The
report shall include the Comptroller General's assessment
regarding the extent to which the review was conducted in
compliance with the requirements of this section.
(2) Immediately upon completing the review required by
subsection (a), the Secretary of Defense shall notify the
Comptroller General of the completion of the review. For the
purposes of paragraph (1), the date of the notification shall
be considered the date of the completion of the review.
SEC. 253. ENHANCEMENT OF AUTHORITIES REGARDING EDUCATION PARTNERSHIPS
FOR PURPOSES OF ENCOURAGING SCIENTIFIC STUDY.
(a) Assistance in Support of Partnerships.--Subsection (b)
of section 2194 of title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by
inserting ``, and is encouraged to provide,'' after
``may provide'';
(2) in paragraph (1), by inserting before the
semicolon the following: ``for any purpose and duration
in support of such agreement that the director
considers appropriate''; and
(3) by striking paragraph (2) and inserting the
following new paragraph (2):
``(2) notwithstanding the provisions of the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.) or any provision of law or
regulation relating to transfers of surplus property,
transferring to the institution any computer equipment,
or other scientific equipment, that is--
``(A) commonly used by educational
institutions;
``(B) surplus to the needs of the defense
laboratory; and
``(C) determined by the director to be
appropriate for support of such agreement;''.
(b) Defense Laboratory Defined.--Subsection (e) of that
section is amended to read as follows:
``(e) In this section:
``(1) The term `defense laboratory' means any
laboratory, product center, test center, depot,
training and educational organization, or operational
command under the jurisdiction of the Department of
Defense.
``(2) The term `local educational agency' has the
meaning given such term in section 14101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).''.
SEC. 254. RECOGNITION OF THOSE INDIVIDUALS INSTRUMENTAL TO NAVAL
RESEARCH EFFORTS DURING THE PERIOD FROM BEFORE
WORLD WAR II THROUGH THE END OF THE COLD WAR.
(a) Findings.--Congress makes the following findings:
(1) The contributions of the Nation's scientific
community and of science research to the victory of the
United States and its allies in World War II resulted
in the understanding that science and technology are of
critical importance to the future security of the
Nation.
(2) Academic institutions and oceanographers
provided vital support to the Navy and the Marine Corps
during World War II.
(3) Congress created the Office of Naval Research
in the Department of the Navy in 1946 to ensure the
availability of resources for research in oceanography
and other fields related to the missions of the Navy
and Marine Corps.
(4) The Office of Naval Research of the Department
of the Navy, in addition to its support of naval
research within the Federal Government, has also
supported the conduct of oceanographic and scientific
research through partnerships with educational and
scientific institutions throughout the Nation.
(5) These partnerships have long been recognized as
among the most innovative and productive research
partnerships ever established by the Federal Government
and have resulted in a vast improvement in
understanding of basic ocean processes and the
development of new technologies critical to the
security and defense of the Nation.
(b) Congressional Recognition and Appreciation.--Congress--
(1) applauds the commitment and dedication of the
officers, scientists, researchers, students, and
administrators who were instrumental to the program of
partnerships for oceanographic and scientific research
between the Federal Government and academic
institutions, including those individuals who helped
forge that program before World War II, implement it
during World War II, and improve it throughout the Cold
War;
(2) recognizes that the Nation, in ultimately
prevailing in the Cold War, relied to a significant
extent on research supported by, and technologies
developed through, those partnerships and, in
particular, on the superior understanding of the ocean
environment generated through that research;
(3) supports efforts by the Secretary of the Navy
and the Chief of Naval Research to honor those
individuals, who contributed so greatly and unselfishly
to the naval mission and the national defense, through
those partnerships during the period beginning before
World War II and continuing through the end of the Cold
War; and
(4) expresses appreciation for the ongoing efforts
of the Office of Naval Research to support
oceanographic and scientific research and the
development of researchers in those fields, to ensure
that such partnerships will continue to make important
contributions to the defense and the general welfare of
the Nation.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Joint warfighting capabilities assessment teams.
Subtitle B--Environmental Provisions
Sec. 311. Establishment of additional environmental restoration account
and use of accounts for operation and monitoring of
environmental remedies.
Sec. 312. Certain environmental restoration activities.
Sec. 313. Annual reports under Strategic Environmental Research and
Development Program.
Sec. 314. Payment of fines and penalties for environmental compliance at
Fort Wainwright, Alaska.
Sec. 315. Payment of fines or penalties imposed for environmental
compliance violations at other Department of Defense
facilities.
Sec. 316. Reimbursement for certain costs in connection with the former
Nansemond Ordnance Depot Site, Suffolk, Virginia.
Sec. 317. Necessity of military low-level flight training to protect
national security and enhance military readiness.
Sec. 318. Ship disposal project.
Sec. 319. Defense Environmental Security Corporate Information
Management Program.
Sec. 320. Report on Plasma Energy Pyrolysis System.
Sec. 321. Sense of Congress regarding environmental restoration of
former defense manufacturing site, Santa Clarita, California.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 331. Use of appropriated funds to cover operating expenses of
commissary stores.
Sec. 332. Adjustment of sales prices of commissary store goods and
services to cover certain expenses.
Sec. 333. Use of surcharges for construction and improvement of
commissary stores.
Sec. 334. Inclusion of magazines and other periodicals as an authorized
commissary merchandise category.
Sec. 335. Use of most economical distribution method for distilled
spirits.
Sec. 336. Report on effects of availability of slot machines on United
States military installations overseas.
Subtitle D--Department of Defense Industrial Facilities
Sec. 341. Designation of Centers of Industrial and Technical Excellence
and public-private partnerships to increase utilization of
such centers.
Sec. 342. Unutilized and underutilized plant-capacity costs of United
States arsenals.
Sec. 343. Arsenal support program initiative.
Sec. 344. Codification and improvement of armament retooling and
manufacturing support programs.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 351. Inclusion of additional information in reports to Congress
required before conversion of commercial or industrial type
functions to contractor performance.
Sec. 352. Effects of outsourcing on overhead costs of Centers of
Industrial and Technical Excellence and Army ammunition
plants.
Sec. 353. Consolidation, restructuring, or reengineering of Department
of Defense organizations, functions, or activities.
Sec. 354. Monitoring of savings resulting from workforce reductions as
part of conversion of functions to performance by private
sector or other strategic sourcing initiatives.
Sec. 355. Performance of emergency response functions at chemical
weapons storage installations.
Sec. 356. Suspension of reorganization or relocation of Naval Audit
Service.
Subtitle F--Defense Dependents Education
Sec. 361. Eligibility of dependents of American Red Cross employees for
enrollment in Department of Defense domestic dependent schools
in Puerto Rico.
Sec. 362. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 363. Impact aid for children with severe disabilities.
Sec. 364. Assistance for maintenance, repair, and renovation of school
facilities that serve dependents of members of the Armed
Forces and Department of Defense civilian employees.
Subtitle G--Military Readiness Issues
Sec. 371. Measuring cannibalization of parts, supplies, and equipment
under readiness reporting system.
Sec. 372. Reporting requirements regarding transfers from high-priority
readiness appropriations.
Sec. 373. Effects of worldwide contingency operations on readiness of
military aircraft and equipment.
Sec. 374. Identification of requirements to reduce backlog in
maintenance and repair of defense facilities.
Sec. 375. New methodology for preparing budget requests to satisfy Army
readiness requirements.
Sec. 376. Review of AH-64 aircraft program.
Sec. 377. Report on Air Force spare and repair parts program for C-5
aircraft.
Subtitle H--Other Matters
Sec. 381. Annual report on public sale of certain military equipment
identified on United States Munitions List.
Sec. 382. Resale of armor-piercing ammunition disposed of by the Army.
Sec. 383. Reimbursement by civil air carriers for support provided at
Johnston Atoll.
Sec. 384. Travel by Reserves on military aircraft.
Sec. 385. Overseas airlift service on Civil Reserve Air Fleet aircraft.
Sec. 386. Additions to plan for ensuring visibility over all in-transit
end items and secondary items.
Sec. 387. Reauthorization of pilot program for acceptance and use of
landing fees charged for use of domestic military airfields by
civil aircraft.
Sec. 388. Extension of authority to sell certain aircraft for use in
wildfire suppression.
Sec. 389. Damage to aviation facilities caused by alkali silica
reactivity.
Sec. 390. Demonstration project to increase reserve component internet
access and services in rural communities.
Sec. 391. Additional conditions on implementation of Defense Joint
Accounting System.
Sec. 392. Report on Defense Travel System.
Sec. 393. Review of Department of Defense costs of maintaining
historical properties.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2001 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $19,280,381,000.
(2) For the Navy, $23,766,610,000.
(3) For the Marine Corps, $2,826,291,000.
(4) For the Air Force, $22,395,221,000.
(5) For Defense-wide activities, $11,740,569,000.
(6) For the Army Reserve, $1,561,418,000.
(7) For the Naval Reserve, $978,946,000.
(8) For the Marine Corps Reserve, $144,159,000.
(9) For the Air Force Reserve, $1,903,859,000.
(10) For the Army National Guard, $3,233,835,000.
(11) For the Air National Guard, $3,468,375,000.
(12) For the Defense Inspector General,
$144,245,000.
(13) For the United States Court of Appeals for the
Armed Forces, $8,574,000.
(14) For Environmental Restoration, Army,
$389,932,000.
(15) For Environmental Restoration, Navy,
$294,038,000.
(16) For Environmental Restoration, Air Force,
$376,300,000.
(17) For Environmental Restoration, Defense-wide,
$21,412,000.
(18) For Environmental Restoration, Formerly Used
Defense Sites, $231,499,000.
(19) For Overseas Humanitarian, Disaster, and Civic
Aid programs, $55,900,000.
(20) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $869,000,000.
(21) For the Kaho'olawe Island Conveyance,
Remediation, and Environmental Restoration Trust Fund,
$25,000,000.
(22) For Defense Health Program, $11,480,123,000.
(23) For Cooperative Threat Reduction programs,
$443,400,000.
(24) For Overseas Contingency Operations Transfer
Fund, $4,100,577,000.
(25) For Quality of Life Enhancements, Defense-
Wide, $10,500,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2001 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds,
$916,276,000.
(2) For the National Defense Sealift Fund,
$388,158,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2001 from the Armed Forces Retirement Home Trust Fund the
sum of $69,832,000 for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in
appropriations Acts, not more than $150,000,000 is authorized
to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts for
fiscal year 2001 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the
same purposes and the same period as, the amounts in
the accounts to which transferred; and
(2) may not be expended for an item that has been
denied authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the
transfer authority provided in section 1001.
SEC. 305. JOINT WARFIGHTING CAPABILITIES ASSESSMENT TEAMS.
Of the total amount authorized to be appropriated under
section 301(5) for operation and maintenance for Defense-wide
activities for the Joint Staff, $4,000,000 is available only
for the improvement of the performance of analyses by the joint
warfighting capabilities assessment teams of the Joint
Requirements Oversight Council.
Subtitle B--Environmental Provisions
SEC. 311. ESTABLISHMENT OF ADDITIONAL ENVIRONMENTAL RESTORATION ACCOUNT
AND USE OF ACCOUNTS FOR OPERATION AND MONITORING OF
ENVIRONMENTAL REMEDIES.
(a) Account for Formerly Used Defense Sites.--Subsection
(a) of section 2703 of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(5) An account to be known as the `Environmental
Restoration Account, Formerly Used Defense Sites'.''.
(b) Operation and Monitoring of Environmental Remedies.--
Such section is further amended by adding at the end the
following new subsection:
``(f) Sole Source of Funds for Operation and Monitoring of
Environmental Remedies.--(1) The sole source of funds for all
phases of an environmental remedy at a site under the
jurisdiction of the Department of Defense or a formerly used
defense site shall be the applicable environmental restoration
account established under subsection (a).
``(2) In this subsection, the term `environmental remedy'
has the meaning given the term `remedy' in section 101 of
CERCLA (42 U.S.C. 9601).''.
SEC. 312. CERTAIN ENVIRONMENTAL RESTORATION ACTIVITIES.
Subsection (b) of section 2703 of title 10, United States
Code, is amended to read as follows:
``(b) Obligation of Authorized Amounts.--(1) Funds
authorized for deposit in an account under subsection (a) may
be obligated or expended from the account only--
``(A) to carry out the environmental restoration
functions of the Secretary of Defense and the
Secretaries of the military departments under this
chapter and under any other provision of law; and
``(B) to pay for the costs of permanently
relocating a facility because of a release or
threatened release of hazardous substances, pollutants,
or contaminants from--
``(i) real property on which the facility
is located and that is currently under the
jurisdiction of the Secretary of Defense or the
Secretary of a military department; or
``(ii) real property on which the facility
is located and that was under the jurisdiction
of the Secretary of Defense or the Secretary of
a military department at the time of the
actions leading to the release or threatened
release.
``(2) The authority provided by paragraph (1)(B) expires
September 30, 2003. The Secretary of Defense or the Secretary
of a military department may not pay the costs of permanently
relocating a facility under such paragraph unless the
Secretary--
``(A) determines that permanent relocation--
``(i) is the most cost effective method of
responding to the release or threatened release
of hazardous substances, pollutants, or
contaminants from the real property on which
the facility is located;
``(ii) has the approval of relevant
regulatory agencies; and
``(iii) is supported by the affected
community; and
``(B) submits to Congress written notice of the
determination before undertaking the permanent
relocation of the facility, including a description of
the response action taken or to be taken in connection
with the permanent relocation and a statement of the
costs incurred or to be incurred in connection with the
permanent relocation.
``(3) If relocation costs are to be paid under paragraph
(1)(B) with respect to a facility located on real property
described in clause (ii) of such paragraph, the Secretary of
Defense or the Secretary of the military department concerned
may use only fund transfer mechanisms otherwise available to
the Secretary.
``(4) Funds authorized for deposit in an account under
subsection (a) shall remain available until expended. Not more
than 5 percent of the funds deposited in an account under
subsection (a) for a fiscal year may be used to pay relocation
costs under paragraph (1)(B).''.
SEC. 313. ANNUAL REPORTS UNDER STRATEGIC ENVIRONMENTAL RESEARCH AND
DEVELOPMENT PROGRAM.
(a) Repeal of Requirement for Annual Report From Scientific
Advisory Board.--Section 2904 of title 10, United States Code,
is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection
(h).
(b) Inclusion of Actions of Board in Annual Reports of
Council.--Section 2902(d)(3) of such title is amended by adding
at the end the following new subparagraph:
``(D) A summary of the actions of the
Strategic Environmental Research and
Development Program Scientific Advisory Board
during the year preceding the year in which the
report is submitted and any recommendations,
including recommendations on program direction
and legislation, that the Advisory Board
considers appropriate regarding the program.''.
SEC. 314. PAYMENT OF FINES AND PENALTIES FOR ENVIRONMENTAL COMPLIANCE
AT FORT WAINWRIGHT, ALASKA.
The Secretary of Defense, or the Secretary of the Army, may
pay, as part of a settlement of liability, a fine or penalty of
not more than $2,000,000 for matters addressed in the Notice of
Violation issued on March 5, 1999, by the Administrator of the
Environmental Protection Agency to Fort Wainwright, Alaska.
SEC. 315. PAYMENT OF FINES OR PENALTIES IMPOSED FOR ENVIRONMENTAL
COMPLIANCE VIOLATIONS AT OTHER DEPARTMENT OF
DEFENSE FACILITIES.
(a) Army Violations.--Using amounts authorized to be
appropriated by section 301(1) for operation and maintenance
for the Army, the Secretary of the Army may pay the following
amounts in connection with environmental compliance violations
at the following locations:
(1) $993,000 for a supplemental environmental
project to implement an installation-wide hazardous
substance management system at Walter Reed Army Medical
Center, Washington, District of Columbia, in
satisfaction of a fine imposed by Environmental
Protection Agency Region 3 under the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
(2) $377,250 for a supplemental environmental
project to install new parts washers at Fort Campbell,
Kentucky, in satisfaction of a fine imposed by
Environmental Protection Agency Region 4 under the
Solid Waste Disposal Act.
(3) $20,701 for a supplemental environmental
project to upgrade the wastewater treatment plant at
Fort Gordon, Georgia, in satisfaction of a fine imposed
by the State of Georgia under the Solid Waste Disposal
Act.
(4) $78,500 for supplemental environmental projects
to reduce the generation of hazardous waste at Pueblo
Chemical Depot, Colorado, in satisfaction of a fine
imposed by the State of Colorado under the Solid Waste
Disposal Act.
(5) $20,000 for a supplemental environmental
project to repair cracks in floors of igloos used to
store munitions hazardous waste at Deseret Chemical
Depot, Utah, in satisfaction of a fine imposed by the
State of Utah under the Solid Waste Disposal Act.
(6) $7,975 for payment to the Texas Natural
Resource Conservation Commission of a cash penalty for
permit violations assessed with respect to Fort Sam
Houston, Texas, under the Solid Waste Disposal Act.
(b) Navy Violations.--Using amounts authorized to be
appropriated by section 301(2) for operation and maintenance
for the Navy, the Secretary of the Navy may pay the following
amounts in connection with environmental compliance violations
at the following locations:
(1) $108,800 for payment to the West Virginia
Division of Environmental Protection of a cash penalty
with respect to Allegany Ballistics Laboratory, West
Virginia, under the Solid Waste Disposal Act.
(2) $5,000 for payment to Environmental Protection
Agency Region 6 of a cash penalty with respect to Naval
Air Station, Corpus Christi, Texas, under the Clean Air
Act (42 U.S.C. 7401).
(3) $1,650 for payment to Environmental Protection
Agency Region 3 of a cash penalty with respect to
Marine Corps Combat Development Command, Quantico,
Virginia, under the Clean Air Act.
SEC. 316. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH THE FORMER
NANSEMOND ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA.
(a) Authority.--The Secretary of Defense may pay, using
funds described in subsection (b), not more than $98,210 to the
Former Nansemond Ordnance Depot Site Special Account within the
Hazardous Substance Superfund established by section 9507 of
the Internal Revenue Code of 1986 (26 U.S.C. 9507) to reimburse
the Environmental Protection Agency for costs incurred by the
agency in overseeing a time critical removal action under
CERCLA being performed by the Department of Defense under the
Defense Environmental Restoration Program for ordnance and
explosive safety hazards at the Former Nansemond Ordnance Depot
Site, Suffolk, Virginia, pursuant to an Interagency Agreement
entered into by the Department of the Army and the
Environmental Protection Agency on January 3, 2000.
(b) Source of Funds.--Any payment under subsection (a)
shall be made using amounts authorized to be appropriated by
section 301 to the Environmental Restoration Account, Formerly
Used Defense Sites, established by paragraph (5) of section
2703(a) of title 10, United States Code, as added by section
311(a) of this Act.
(c) Definitions.--In this section:
(1) The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.).
(2) The term ``Defense Environmental Restoration
Program'' means the program of environmental
restoration carried out under chapter 160 of title 10,
United States Code.
SEC. 317. NECESSITY OF MILITARY LOW-LEVEL FLIGHT TRAINING TO PROTECT
NATIONAL SECURITY AND ENHANCE MILITARY READINESS.
Nothing in the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) or the regulations implementing such
law shall require the Secretary of Defense or the Secretary ofa
military department to prepare a programmatic, nation-wide
environmental impact statement for low-level flight training as a
precondition to the use by the Armed Forces of an airspace for the
performance of low-level training flights.
SEC. 318. SHIP DISPOSAL PROJECT.
(a) Continuation of Project; Purpose.--During fiscal year
2001, the Secretary of the Navy shall continue to carry out the
ship disposal project within the United States to permit the
Secretary to assemble appropriate data on the cost of scrapping
naval vessels.
(b) Use of Competitive Procedures.--The Secretary shall use
competitive procedures to award all task orders under the
primary contracts under the ship disposal project.
(c) Report.--Not later than December 31, 2000, the
Secretary shall submit to the congressional defense committees
a report on the ship disposal project. The report shall contain
the following:
(1) A description of the competitive procedures
used for the solicitation and award of all task orders
under the project.
(2) A description of the task orders awarded under
the project.
(3) An assessment of the results of the project as
of the date of the report, including the performance of
contractors under the project.
(4) The proposed strategy of the Navy for future
procurement of ship scrapping activities.
SEC. 319. DEFENSE ENVIRONMENTAL SECURITY CORPORATE INFORMATION
MANAGEMENT PROGRAM.
(a) Management and Oversight of Program.--The Chief
Information Officer of the Department of Defense shall ensure
that management and oversight of the Defense Environmental
Security Corporate Information Management Program is consistent
with the requirements of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106), section 2223 of
title 10, United States Code, Department of Defense Directives
5000.1, 5000.2-R, and 5137.1, and all other laws, directives,
regulations, and management controls applicable to investment
in information technology and related services.
(b) Program Report Required.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the Defense Environmental Security Corporate Information
Management Program.
(c) Mission.--The report shall include a mission statement
and strategic objectives for the Defense Environmental Security
Corporate Information Management Program, including the
recommendations of the Secretary for the future mission and
objectives of the Program.
(d) Personnel, Organization, and Oversight.--The report
shall include--
(1) the personnel requirements and organizational
structure of the Defense Environmental Security
Corporate Information Management Program to carry out
the mission statement; and
(2) a discussion of--
(A) the means by which the Program will
ensure program accountability, including
accountability for all past, current, and
future activities funded under the Program; and
(B) the role of the Chief Information
Officer of the Department of Defense in
ensuring program accountability as required by
subsection (a).
(e) Program Activities.--The report shall include a
discussion of the means by which the Defense Environmental
Security Corporate Information Management Program will address
or provide--
(1) information access procedures that keep pace
with current and evolving requirements for information
access;
(2) data standardization and systems integration;
(3) product failures and cost-effective results;
(4) user confidence and utilization; and
(5) program continuity.
SEC. 320. REPORT ON PLASMA ENERGY PYROLYSIS SYSTEM.
(a) Report Required.--Not later than February 1, 2001, the
Secretary of the Army shall submit to the congressional defense
committees a report on the Plasma Energy Pyrolysis System.
(b) Report Elements.--The report on the Plasma Energy
Pyrolysis System shall include the following:
(1) An analysis of available information and data
on the fixed-transportable unit demonstration phase of
the System and on the mobile unit demonstration phase
of the System.
(2) Recommendations regarding future applications
for each phase of the System described in paragraph
(1).
(3) A statement of the projected funding for such
future applications.
SEC. 321. SENSE OF CONGRESS REGARDING ENVIRONMENTAL RESTORATION OF
FORMER DEFENSE MANUFACTURING SITE, SANTA CLARITA,
CALIFORNIA.
It is the sense of the Congress that--
(1) there exists a 1,000-acre former defense
manufacturing site in Santa Clarita, California (known
as the ``Santa Clarita site''), that could be
environmentally restored to serve a future role in the
community, and every effort should be made to apply all
known public and private sector innovative technologies
to restore the Santa Clarita site to productive use for
the benefit of the community; and
(2) the experience gained from environmental
restoration at the Santa Clarita site by private and
public sector partnerships has the potential to benefit
not only the community of Santa Clarita, but all sites
in need of environmental restoration.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 331. USE OF APPROPRIATED FUNDS TO COVER OPERATING EXPENSES OF
COMMISSARY STORES.
(a) In General.--(1) Section 2484 of title 10, United
States Code, is amended to read as follows:
``Sec. 2484. Commissary stores: use of appropriated funds to cover
operating expenses
``(a) Operation of Agency and System.--Except as otherwise
provided in this title, the operation of the Defense Commissary
Agency and the defense commissary system may be funded using
such amounts as are appropriated for such purpose.
``(b) Operating Expenses of Commissary Stores.--
Appropriated funds may be used to cover the expenses of
operating commissary stores and central product processing
facilities of the defense commissary system. For purposes of
this subsection, operating expenses include the following:
``(1) Salaries and wages of employees of the United
States, host nations, and contractors supporting
commissary store operations.
``(2) Utilities.
``(3) Communications.
``(4) Operating supplies and services.
``(5) Second destination transportation costs
within or outside the United States.
``(6) Any cost associated with above-store-level
management or other indirect support of a commissary
store or a central product processing facility,
including equipment maintenance and information
technology costs.''.
(2) The table of sections at the beginning of chapter 147
of such title is amended by striking the item relating to
section 2484 and inserting the following new item:
``2484. Commissary stores: use of appropriated funds to cover operating
expenses.''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2001.
SEC. 332. ADJUSTMENT OF SALES PRICES OF COMMISSARY STORE GOODS AND
SERVICES TO COVER CERTAIN EXPENSES.
(a) Adjustment Required.--Section 2486 of title 10, United
States Code, is amended--
(1) in subsection (c), by striking ``section
2484(b) or'' and inserting ``subsection (d) or
section''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking
``sections 2484 and'' and inserting
``section''; and
(B) by adding at the end the following new
paragraph:
``(3) The sales price of merchandise and services sold in,
at, or by commissary stores shall be adjusted to cover the
following:
``(A) The cost of first destination commercial
transportation of the merchandise in the United States
to the place of sale.
``(B) The actual or estimated cost of shrinkage,
spoilage, and pilferage of merchandise under the
control of commissary stores.''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2001.
SEC. 333. USE OF SURCHARGES FOR CONSTRUCTION AND IMPROVEMENT OF
COMMISSARY STORES.
(a) Expansion of Authorized Uses.--Subsection (b) of
section 2685 of title 10, United States Code, is amended to
read as follows:
``(b) Use for Construction, Repair, Improvement, and
Maintenance.--(1) The Secretary of Defense may use the proceeds
from the adjustments or surcharges authorized by subsection (a)
only--
``(A) to acquire (including acquisition by lease),
construct, convert, expand, improve, repair, maintain,
and equip the physical infrastructure of commissary
stores and central product processing facilities of the
defense commissary system; and
``(B) to cover environmental evaluation and
construction costs related to activities described in
paragraph (1), including costs for surveys,
administration, overhead, planning, and design.
``(2) In paragraph (1), the term `physical infrastructure'
includes real property, utilities, and equipment (installed and
free standing and including computer equipment), necessary to
provide a complete and usable commissary store or central
product processing facility.''.
(b) Authority of Secretary of Defense.--Such section is
further amended--
(1) in subsection (a), by striking ``Secretary of a
military department, under regulations established by
him and approved by the Secretary of Defense,'' and
inserting ``Secretary of Defense'';
(2) in subsection (c)--
(A) by striking ``Secretary of a military
department, with the approval of the Secretary
of Defense and'' and inserting ``Secretary of
Defense, with the approval of''; and
(B) by striking ``Secretary of the military
department determines'' and inserting
``Secretary determines''; and
(3) in subsection (d)(1), by striking ``Secretary
of a military department'' and inserting ``Secretary of
Defense''.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2001.
SEC. 334. INCLUSION OF MAGAZINES AND OTHER PERIODICALS AS AN AUTHORIZED
COMMISSARY MERCHANDISE CATEGORY.
(a) Additional Authorized Category.--Subsection (b) of
section 2486 of title 10, United States Code, is amended--
(1) by redesignating paragraph (11) as paragraph
(12); and
(2) by inserting after paragraph (10) the following
new paragraph:
``(11) Magazines and other periodicals.''.
(b) Conforming Amendments.--Subsection (f) of such section
is amended--
(1) by striking ``(1)'' before ``Notwithstanding'';
(2) by striking ``items in the merchandise
categories specified in paragraph (2)'' and inserting
``tobacco products''; and
(3) by striking paragraph (2).
SEC. 335. USE OF MOST ECONOMICAL DISTRIBUTION METHOD FOR DISTILLED
SPIRITS.
Section 2488(c) of title 10, United States Code, is
amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph
(2).
SEC. 336. REPORT ON EFFECTS OF AVAILABILITY OF SLOT MACHINES ON UNITED
STATES MILITARY INSTALLATIONS OVERSEAS.
(a) Report Required.--Not later than March 31, 2001, the
Secretary of Defense shall submit to Congress a report
evaluating the effect that the ready availability of slot
machines as a morale, welfare, and recreation activity on
United States military installations outside of the United
States has on members of the Armed Forces, their dependents,
and other persons who use such slot machines, the morale of
military communities overseas, and the personal financial
stability of members of the Armed Forces.
(b) Matters To Be Included.--The Secretary shall include in
the report--
(1) an estimate of the number of persons who used
such slot machines during the preceding two years and,
of such persons, the percentage who were enlisted
members (shown both in the aggregate and by pay grade),
officers (shown both in the aggregate and by pay
grade), Department of Defense civilians, other United
States persons, and foreign nationals;
(2) to the extent feasible, information with
respect to military personnel referred to in paragraph
(1) showing the number (as a percentage and by pay
grade) who have--
(A) sought financial services counseling at
least partially due to the use of such slot
machines;
(B) qualified for Government financial
assistance at least partially due to the use of
such slot machines; or
(C) had a personal check returned for
insufficient funds or received any other
nonpayment notification from a creditor at
least partially due to the use of such slot
machines; and
(3) to the extent feasible, information with
respect to the average amount expended by each category
of persons referred to in paragraph (1) in using such
slot machines per visit, to be shown by pay grade in
the case of military personnel.
Subtitle D--Department of Defense Industrial Facilities
SEC. 341. DESIGNATION OF CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE
AND PUBLIC-PRIVATE PARTNERSHIPS TO INCREASE
UTILIZATION OF SUCH CENTERS.
(a) Designation Method.--Subsection (a) of section 2474 of
title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``The Secretary of
Defense'' and inserting ``The Secretary
concerned, or the Secretary of Defense in the
case of a Defense Agency,''; and
(B) by striking ``of the activity'' and
inserting ``of the designee'';
(2) in paragraph (2)--
(A) by inserting ``of Defense'' after ``The
Secretary''; and
(B) by striking ``depot-level activities''
and inserting ``Centers of Industrial and
Technical Excellence''; and
(3) in paragraph (3)--
(A) by striking ``depot-level operations''
and inserting ``operations at Centers of
Industrial and Technical Excellence'';
(B) by striking ``depot-level activities''
and inserting ``the Centers''; and
(C) by striking ``such activities'' and
inserting ``the Centers''.
(b) Public-Private Partnerships.--Subsection (b) of such
section is amended to read as follows:
``(b) Public-Private Partnerships.--(1) To achieve one or
more objectives set forth in paragraph (2), the Secretary
designating a Center of Industrial and Technical Excellence
under subsection (a) may authorize and encourage the head of
the Center to enter into public-private cooperative
arrangements (in this section referred to as a `public-private
partnership') to provide for any of the following:
``(A) For employees of the Center, private
industry, or other entities outside the Department of
Defense to perform (under contract, subcontract, or
otherwise) work related to the core competencies of the
Center, including any depot-level maintenance and
repair work that involves one or more core competencies
of the Center.
``(B) For private industry or other entities
outside the Department of Defense to use, for any
period of time determined to be consistent with the
needs of the Department of Defense, any facilities or
equipment of the Center that are not fully utilized for
a military department's own production or maintenance
requirements.
``(2) The objectives for exercising the authority provided
in paragraph (1) are as follows:
``(A) To maximize the utilization of the capacity
of a Center of Industrial and Technical Excellence.
``(B) To reduce or eliminate the cost of ownership
of a Center by the Department of Defense in such areas
of responsibility as operations and maintenance and
environmental remediation.
``(C) To reduce the cost of products of the
Department of Defense produced or maintained at a
Center.
``(D) To leverage private sector investment in--
``(i) such efforts as plant and equipment
recapitalization for a Center; and
``(ii) the promotion of the undertaking of
commercial business ventures at a Center.
``(E) To foster cooperation between the armed
forces and private industry.
``(3) If the Secretary concerned, or the Secretary of
Defense in the case of a Defense Agency, authorizes the use of
public-private partnerships under this subsection, the
Secretary shall submit to Congress a report evaluating the need
for loan guarantee authority, similar to the ARMS Initiative
loan guarantee program under section 4555 of this title, to
facilitate the establishment of public-private partnerships and
the achievement of the objectives set forth in paragraph
(2).''.
(c) Private Sector Use of Excess Capacity.--Such section is
further amended--
(1) by striking subsection (d);
(2) by redesignating subsection (c) as subsection
(d); and
(3) by inserting after subsection (b) the following
new subsection (c):
``(c) Private Sector Use of Excess Capacity.--Any
facilities or equipment of a Center of Industrial and Technical
Excellence made available to private industry may be used to
perform maintenance or to produce goods in order to make more
efficient and economical use of Government-owned industrial
plants and encourage the creation and preservation of jobs to
ensure the availability of a workforce with the necessary
manufacturing and maintenance skills to meet the needs of the
armed forces.''.
(d) Crediting of Amounts for Performance.--Subsection (d)
of such section, as redesignated by subsection (c)(2), is
amended by adding at the end the following new sentences:
``Consideration in the form of rental payments or
(notwithstanding section 3302(b) of title 31) in other forms
may be accepted for a use of property accountable under a
contract performed pursuant to this section. Notwithstanding
section 2667(d) of this title, revenues generated pursuant to
this section shall be available for facility operations,
maintenance, and environmental restoration at the Center where
the leased property is located.''.
(e) Availability of Excess Equipment to Private-Sector
Partners.--Such section is further amended by adding at the end
the following new subsections:
``(e) Availability of Excess Equipment to Private-Sector
Partners.--Equipment or facilities of a Center of Industrial
and Technical Excellence may be made available for use by a
private-sector entity under this section only if--
``(1) the use of the equipment or facilities will
not have a significant adverse effect on the readiness
of the armed forces, as determined by the Secretary
concerned or, in the case of a Center in a Defense
Agency, by the Secretary of Defense; and
``(2) the private-sector entity agrees--
``(A) to reimburse the Department of
Defense for the direct and indirect costs
(including any rental costs) that are
attributable to the entity's use of the
equipment or facilities, as determined by that
Secretary; and
``(B) to hold harmless and indemnify the
United States from--
``(i) any claim for damages or
injury to any person or property
arising out of the use of the equipment
or facilities, except in a case of
willful conduct or gross negligence;
and
``(ii) any liability or claim for
damages or injury to any person or
property arising out of a decision by
the Secretary concerned or the
Secretary of Defense to suspend or
terminate that use of equipment or
facilities during a war or national
emergency.
``(f) Construction of Provision.--Nothing in this section
may be construed to authorize a change, otherwise prohibited by
law, from the performance of work at a Center of Industrial and
Technical Excellence by Department of Defense personnel to
performance by a contractor.''.
(f) Use of Working Capital-Funded Facilities.--Section
2208(j)(1) of title 10, United States Code, is amended--
(1) by striking ``contract; and'' at the end of
subparagraph (A) and all that follows through ``(B) the
solicitation'' and inserting ``contract, and the
solicitation'';
(2) by striking the period at the end and inserting
``; or''; and
(3) by adding at the end the following new
subparagraph:
``(B) the Secretary would advance the objectives
set forth in section 2474(b)(2) of this title by
authorizing the facility to do so.''.
(g) Repeal of General Authority To Lease Excess Depot-Level
Equipment and Facilities to Outside Tenants.--(1) Section 2471
of title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 146
of such title is amended by striking the item relating to
section 2471.
SEC. 342. UNUTILIZED AND UNDERUTILIZED PLANT-CAPACITY COSTS OF UNITED
STATES ARSENALS.
(a) Treatment of Unutilized and Underutilized Plant-
Capacity Costs.--Chapter 433 of title 10, United States Code,
is amended by inserting after section 4540 the following new
section:
``Sec. 4541. Army arsenals: treatment of unutilized or underutilized
plant-capacity costs
``(a) Estimate of Costs.--The Secretary of the Army shall
include in the budget justification documents submitted to
Congress in support of the President's budget for a fiscal year
submitted under section 1105 of title 31 an estimate of the
funds to be required in that fiscal year to cover unutilized
and underutilized plant-capacity costs at Army arsenals.
``(b) Use of Funds.--Funds appropriated to the Secretary of
the Army for a fiscal year to cover unutilized and
underutilized plant-capacity costs at Army arsenals shall be
used in such fiscal year only for such costs.
``(c) Treatment of Costs.--(1) The Secretary of the Army
shall not include unutilized and underutilized plant-capacity
costs when evaluating the bid of an Army arsenal for purposes
of the arsenal's contracting to provide a good or service to a
Government agency.
``(2) When an Army arsenal is serving as a subcontractor to
a private-sector entity with respect to a good or service to be
provided to a Government agency, the cost charged by the
arsenal shall not include unutilized and underutilized plant-
capacity costs that are funded by a direct appropriation.
``(d) Definitions.--In this section:
``(1) The term `Army arsenal' means a Government-
owned, Government-operated defense plant of the
Department of the Army that manufactures weapons,
weapon components, or both.
``(2) The term `unutilized and underutilized plant-
capacity costs' means the costs associated with
operating and maintaining the facilities and equipment
of an Army arsenal that the Secretary of the Army
determines are required to be kept for mobilization
needs, in those months in which the facilities and
equipment are not used or are used only 20 percent or
less of available work days.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 4540 the following new item:
``4541. Army arsenals: treatment of unutilized or underutilized plant-
capacity costs.''.
SEC. 343. ARSENAL SUPPORT PROGRAM INITIATIVE.
(a) Demonstration Program Required.--To help maintain the
viability of the Army manufacturing arsenals and the unique
capabilities of these arsenals to support the national security
interests of the United States, the Secretary of the Army shall
carry out a demonstration program under this section during
fiscal years 2001 and 2002 at each manufacturing arsenal of the
Department of the Army.
(b) Purposes of Demonstration Program.--The purposes of the
demonstration program are as follows:
(1) To provide for the utilization of the existing
skilled workforce at the Army manufacturing arsenals by
commercial firms.
(2) To provide for the reemployment and retraining
of skilled workers who, as a result of declining
workload and reduced Army spending on arsenal
production requirements at these Army arsenals, are
idled or underemployed.
(3) To encourage commercial firms, to the maximum
extent practicable, to use these Army arsenals for
commercial purposes.
(4) To increase the opportunities for small
businesses (including socially and economically
disadvantaged small business concerns and new small
businesses) to use these Army arsenals for those
purposes.
(5) To maintain in the United States a work force
having the skills in manufacturing processes that are
necessary to meet industrial emergency planned
requirements for national security purposes.
(6) To demonstrate innovative business practices,
to support Department of Defense acquisition reform,
and to serve as both a model and a laboratory for
future defense conversion initiatives of the Department
of Defense.
(7) To the maximum extent practicable, to allow the
operation of these Army arsenals to be rapidly
responsive to the forces of free market competition.
(8) To reduce or eliminate the cost of Government
ownership of these Army arsenals, including the costs
of operations and maintenance, the costs of
environmental remediation, and other costs.
(9) To reduce the cost of products of the
Department of Defense produced at these Army arsenals.
(10) To leverage private investment at these Army
arsenals through long-term facility use contracts,
property management contracts, leases, or other
agreements that support and advance the demonstration
program for the following activities:
(A) Recapitalization of plant and
equipment.
(B) Environmental remediation.
(C) Promotion of commercial business
ventures.
(D) Other activities approved by the
Secretary of the Army.
(11) To foster cooperation between the Department
of the Army, property managers, commercial interests,
and State and local agencies in the implementation of
sustainable development strategies and investment in
these Army arsenals.
(c) Contract Authority.--(1) In the case of each Army
manufacturing arsenal, the Secretary of the Army may enter into
contracts with commercial firms to authorize the contractors,
consistent with section 4543 of title 10, United States Code--
(A) to use the arsenal, or a portion of the
arsenal, and the skilled workforce at the arsenal to
manufacture weapons, weapon components, or related
products consistent with the purposes of the program;
and
(B) to enter into subcontracts for the commercial
use of the arsenal consistent with such purposes.
(2) A contract under paragraph (1) shall require the
contractor to contribute toward the operation and maintenance
of the Army manufacturing arsenal covered by the contract.
(3) In the event an Army manufacturing arsenal is converted
to contractor operation, the Secretary may enter into a
contract with the contractor to authorize the contractor,
consistent with section 4543 of title 10, United States Code--
(A) to use the facility during the period of the
program in a manner consistent with the purposes of the
program; and
(B) to enter into subcontracts for the commercial
use of the facility consistent with such purposes.
(d) Loan Guarantees.--(1) Subject to paragraph (2), the
Secretary of the Army may guarantee the repayment of any loan
made to a commercial firm to fund, in whole or in part, the
establishment of a commercial activity at an Army manufacturing
arsenal under this section.
(2) Loan guarantees under this subsection may not be
committed except to the extent that appropriations of budget
authority to cover their costs are made in advance, as required
by section 504 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661c).
(3) The Secretary of the Army may enter into agreements
with the Administrator of the Small Business Administration or
the Administrator of the Farmers Home Administration, the
Administrator of the Rural Development Administration, or the
head of other appropriate agencies of the Department of
Agriculture, under which such Administrators may, under this
subsection--
(A) process applications for loan guarantees;
(B) guarantee repayment of loans; and
(C) provide any other services to the Secretary of
the Army to administer this subsection.
(4) An Administrator referred to in paragraph (3) may
guarantee loans under this section to commercial firms of any
size, notwithstanding any limitations on the size of applicants
imposed on other loan guarantee programs that the Administrator
administers. To the extent practicable, each Administrator
shall use the same procedures for processing loan guarantee
applications under this subsection as the Administrator uses
for processing loan guarantee applications under other loan
guarantee programs that the Administrator administers.
(e) Loan Limits.--The maximum amount of loan principal
guaranteed during a fiscal year under subsection (d) may not
exceed--
(1) $20,000,000, with respect to any single
borrower; and
(2) $320,000,000 with respect to all borrowers.
(f) Transfer of Funds.--The Secretary of the Army may
transfer to an Administrator providing services under
subsection (d), and the Administrator may accept, such funds as
may be necessary to administer loan guarantees under such
subsection.
(g) Reporting Requirements.--(1) Not later than July 1 of
each year in which a guarantee issued under subsection (d) is
in effect, the Secretary of the Army shall submit to Congress a
report specifying the amounts of loans guaranteed under such
subsection during the preceding calendar year. No report is
required after fiscal year 2002.
(2) Not later than July 1, 2001, the Secretary of the Army
shall submit to the congressional defense committees a report
on the implementation of the demonstration program. The report
shall contain a comprehensive review of contracting at the Army
manufacturing arsenals covered by the program and such
recommendations as the Secretary considers appropriate
regarding changes to the program.
SEC. 344. CODIFICATION AND IMPROVEMENT OF ARMAMENT RETOOLING AND
MANUFACTURING SUPPORT PROGRAMS.
(a) In General.--(1) Part IV of subtitle B of title 10,
United States Code, is amended by inserting after chapter 433
the following new chapter:
``CHAPTER 434--ARMAMENTS INDUSTRIAL BASE
``Sec.
``4551. Definitions.
``4552. Policy.
``4553. Armament Retooling and Manufacturing Support Initiative.
``4554. Property management contracts and leases.
``4555. ARMS Initiative loan guarantee program.
``Sec. 4551. Definitions
``In this chapter:
``(1) The term `ARMS Initiative' means the Armament
Retooling and Manufacturing Support Initiative
authorized by this chapter.
``(2) The term `eligible facility' means a
Government-owned, contractor-operated ammunition
manufacturing facility of the Department of the Army
that is in an active, inactive, layaway, or caretaker
status.
``(3) The term `property manager' includes any
person or entity managing an eligible facility made
available under the ARMS Initiative through a property
management contract.
``(4) The term `property management contract'
includes facility use contracts, site management
contracts, leases, and other agreements entered into
under the authority of this chapter.
``(5) The term `Secretary' means the Secretary of
the Army.
``Sec. 4552. Policy
``It is the policy of the United States--
``(1) to encourage, to the maximum extent
practicable, commercial firms to use Government-owned,
contractor-operated ammunition manufacturing facilities
of the Department of the Army;
``(2) to use such facilities for supporting
programs, projects, policies, and initiatives that
promote competition in the private sector of the United
States economy and that advance United States interests
in the global marketplace;
``(3) to increase the manufacture of products
inside the United States;
``(4) to support policies and programs that provide
manufacturers with incentives to assist the United
States in making more efficient and economical use of
eligible facilities for commercial purposes;
``(5) to provide, as appropriate, small businesses
(including socially and economically disadvantaged
small business concerns and new small businesses) with
incentives that encourage those businesses to undertake
manufacturing and other industrial processing
activities that contribute to the prosperity of the
United States;
``(6) to encourage the creation of jobs through
increased investment in the private sector of the
United States economy;
``(7) to foster a more efficient, cost-effective,
and adaptable armaments industry in the United States;
``(8) to achieve, with respect to armaments
manufacturing capacity, an optimum level of readiness
of the national technology and industrial base within
the United States that is consistent with the projected
threats to the national security of the United States
and the projected emergency requirements of the armed
forces; and
``(9) to encourage facility use contracting where
feasible.
``Sec. 4553. Armament Retooling and Manufacturing Support Initiative
``(a) Authority for Initiative.--The Secretary may carry
out a program to be known as the `Armament Retooling and
Manufacturing Support Initiative'.
``(b) Purposes.--The purposes of the ARMS Initiative are as
follows:
``(1) To encourage commercial firms, to the maximum
extent practicable, to use eligible facilities for
commercial purposes.
``(2) To increase the opportunities for small
businesses (including socially and economically
disadvantaged small business concerns and new small
businesses) to use eligible facilities for those
purposes.
``(3) To maintain in the United States a work force
having the skills in manufacturing processes that are
necessary to meet industrial emergency planned
requirements for national security purposes.
``(4) To demonstrate innovative business practices,
to support Department of Defense acquisition reform,
and to serve as both a model and a laboratory for
future defense conversion initiatives of the Department
of Defense.
``(5) To the maximum extent practicable, to allow
the operation of eligible facilities to be rapidly
responsive to the forces of free market competition.
``(6) To reduce or eliminate the cost of Government
ownership of eligible facilities, including the costs
of operations and maintenance, the costs of
environmental remediation, and other costs.
``(7) To reduce the cost of products of the
Department of Defense produced at eligible facilities.
``(8) To leverage private investment at eligible
facilities through long-term facility use contracts,
property management contracts, leases, or other
agreements that support and advance the policies and
purposes of this chapter, for the following activities:
``(A) Recapitalization of plant and
equipment.
``(B) Environmental remediation.
``(C) Promotion of commercial business
ventures.
``(D) Other activities approved by the
Secretary.
``(9) To foster cooperation between the Department
of the Army, property managers, commercial interests,
and State and local agencies in the implementation of
sustainable development strategies and investment in
eligible facilities made available for purposes of the
ARMS Initiative.
``(10) To reduce or eliminate the cost of asset
disposal that would be incurred if property at an
eligible facility was declared excess to the needs of
the Department of the Army.
``(c) Availability of Facilities.--The Secretary may make
any eligible facility available for the purposes of the ARMS
Initiative.
``(d) Consideration for Leases.--Section 321 of the Act of
June 30, 1932 (40 U.S.C. 303b), shall not apply to uses of
property or facilities in accordance with the ARMS Initiative.
``(e) Program Support.--(1) Funds appropriated for purposes
of the ARMS Initiative may be used for administrative support
and management.
``(2) A full annual accounting of such expenses for each
fiscal year shall be provided to the Committee on Armed
Services and the Committee on Appropriations of the Senate and
the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives not later than
March 30 of the following fiscal year.
``Sec. 4554. Property management contracts and leases
``(a) In General.--In the case of each eligible facility
that is made available for the ARMS Initiative, the Secretary--
``(1) shall make full use of facility use
contracts, leases, and other such commercial
contractual instruments as may be appropriate;
``(2) shall evaluate, on the basis of efficiency,
cost, emergency mobilization requirements, and the
goals and purposes of the ARMS Initiative, the
procurement of services from the property manager,
including maintenance, operation, modification,
infrastructure, environmental restoration and
remediation, and disposal of ammunition manufacturing
assets, and other services; and
``(3) may, in carrying out paragraphs (1) and (2)--
``(A) enter into contracts, and provide for
subcontracts, for terms up to 25 years, as the
Secretary considers appropriate and consistent
with the needs of the Department of the Army
and the goals and purposes of the ARMS
Initiative; and
``(B) use procedures that are authorized to
be used under section 2304(c)(5) of this title
when the contractor or subcontractor is a
source specified in law.
``(b) Consideration for Use.--(1) To the extent provided in
a contract entered into under this section for the use of
property at an eligible facility that is accountable under the
contract, the Secretary may accept consideration for such use
that is, in whole or in part, in a form other than--
``(A) rental payments; or
``(B) revenue generated at the facility.
``(2) Forms of consideration acceptable under paragraph (1)
for a use of an eligible facility or any property at an
eligible facility include the following:
``(A) The improvement, maintenance, protection,
repair, and restoration of the facility, the property,
or any property within the boundaries of the
installation where the facility is located.
``(B) Reductions in overhead costs.
``(C) Reductions in product cost.
``(3) The authority under paragraph (1) may be exercised
without regard to section 3302(b) of title 31 and any other
provision of law.
``Sec. 4555. ARMS Initiative loan guarantee program
``(a) Program Authorized.--Subject to subsection (b), the
Secretary may carry out a loan guarantee program to encourage
commercial firms to use eligible facilities under this chapter.
Under any such program, the Secretary may guarantee the
repayment of any loan made to a commercial firm to fund, in
whole or in part, the establishment of a commercial activity to
use an eligible facility under this chapter.
``(b) Advanced Budget Authority.--Loan guarantees under
this section may not be committed except to the extent that
appropriations of budget authority to cover their costs are
made in advance, as required by section 504 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661c).
``(c) Program Administration.--(1) The Secretary may enter
into an agreement with any of the officials named in paragraph
(2) under which that official may, for the purposes of this
section--
``(A) process applications for loan guarantees;
``(B) guarantee repayment of loans; and
``(C) provide any other services to the Secretary
to administer the loan guarantee program.
``(2) The officials referred to in paragraph (1) are as
follows:
``(A) The Administrator of the Small Business
Administration.
``(B) The head of any appropriate agency in the
Department of Agriculture, including--
``(i) the Administrator of the Farmers Home
Administration; and
``(ii) the Administrator of the Rural
Development Administration.
``(3) Each official authorized to do so under an agreement
entered into under paragraph (1) may guarantee loans under this
section to commercial firms of any size, notwithstanding any
limitations on the size of applicants imposed on other loan
guarantee programs that the official administers.
``(4) To the extent practicable, each official processing
loan guarantee applications under this section pursuant to an
agreement entered into under paragraph (1) shall use the same
processing procedures as the official uses for processing loan
guarantee applications under other loan guarantee programs that
the official administers.
``(d) Loan Limits.--The maximum amount of loan principal
guaranteed during a fiscal year under this section may not
exceed--
``(1) $20,000,000, with respect to any single
borrower; and
``(2) $320,000,000 with respect to all borrowers.
``(e) Transfer of Funds.--The Secretary may transfer to an
official providing services under subsection (c), and that
official may accept, such funds as may be necessary to
administer the loan guarantee program under this section.''.
(2) The tables of chapters at the beginning of subtitle B
of such title and at the beginning of part IV of such subtitle
are amended by inserting after the item relating to chapter 433
the following new item:
``434. Armaments Industrial Base.................................4551''.
(b) Implementation Report.--Not later than July 1, 2001,
the Secretary of Defense shall submit to the congressional
defense committees a report on the procedures and controls
implemented to carry out section 4554 of title 10, United
States Code, as added by subsection (a).
(c) Relationship to National Defense Technology and
Industrial Base.--(1) Subchapter IV of chapter 148 of title 10,
United States Code, is amended--
(A) by redesignating section 2525 as section 2521;
and
(B) by adding at the end the following new section:
``Sec. 2522. Armament retooling and manufacturing
``The Secretary of the Army is authorized by chapter 434 of
this title to carry out programs for the support of armaments
retooling and manufacturing in the national defense industrial
and technology base.''.
(2) The table of sections at the beginning of such
subchapter is amended by striking the item relating to section
2525 and inserting the following new items:
``2521. Manufacturing Technology Program.
``2522. Armament retooling and manufacturing.''.
(d) Repeal of Superseded Law.--The Armament Retooling and
Manufacturing Support Act of 1992 (subtitle H of title I of
Public Law 102-484; 10 U.S.C. 2501 note) is repealed.
Subtitle E--Performance of Functions by Private-Sector Sources
SEC. 351. INCLUSION OF ADDITIONAL INFORMATION IN REPORTS TO CONGRESS
REQUIRED BEFORE CONVERSION OF COMMERCIAL OR
INDUSTRIAL TYPE FUNCTIONS TO CONTRACTOR
PERFORMANCE.
(a) Information Required Before Commencement of Conversion
Analysis.--Subsection (b)(1)(D) of section 2461 of title 10,
United States Code, is amended by inserting before the period
the following: ``, and a specific identification of the
budgetary line item from which funds will be used to cover the
cost of the analysis''.
(b) Information Required in Notification of Decision.--
Subsection (c)(1) of such section is amended--
(1) by redesignating subparagraphs (A), (B), (C),
(D), and (E) as subparagraphs (B), (C), (F), (H), and
(I), respectively;
(2) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph:
``(A) The date when the analysis of that commercial
or industrial type function for possible change to
performance by the private sector was commenced.'';
(3) by inserting after subparagraph (C), as so
redesignated, the following new subparagraphs:
``(D) The number of Department of Defense civilian
employees who were performing the function when the
analysis was commenced, the number of such employees
whose employment was terminated or otherwise affected
in implementing the most efficient organization of the
function, and the number of such employees whose
employment would be terminated or otherwise affected by
changing to performance of the function by the private
sector.
``(E) The Secretary's certification that the
factors considered in the examinations performed under
subsection (b)(3), and in the making of the decision to
change performance, did not include any predetermined
personnel constraint or limitation in terms of man
years, end strength, full-time equivalent positions, or
maximum number of employees.''; and
(4) by inserting after subparagraph (F), as so
redesignated, the following new subparagraph:
``(G) A statement of the potential economic effect
of the change on each affected local community, as
determined in the examination under subsection
(b)(3)(B)(ii).''.
SEC. 352. EFFECTS OF OUTSOURCING ON OVERHEAD COSTS OF CENTERS OF
INDUSTRIAL AND TECHNICAL EXCELLENCE AND ARMY
AMMUNITION PLANTS.
Section 2461(c) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph
(3); and
(2) by inserting after paragraph (1) the following
new paragraph:
``(2) If the commercial or industrial type function to be
changed to performance by the private sector is performed at a
Center of Industrial and Technical Excellence designated under
section 2474(a) of this title or an Army ammunition plant--
``(A) the report required by this subsection shall
also include a description of the effect that the
performance and administration of the resulting
contract will have on the overhead costs of the center
or ammunition plant, as the case may be; and
``(B) notwithstanding paragraph (3), the change of
the function to contractor performance may not begin
until at least 60 days after the submission of the
report.''.
SEC. 353. CONSOLIDATION, RESTRUCTURING, OR REENGINEERING OF DEPARTMENT
OF DEFENSE ORGANIZATIONS, FUNCTIONS, OR ACTIVITIES.
(a) In General.--Chapter 146 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2475. Consolidation, restructuring, or reengineering of
organizations, functions, or activities:
notification requirements
``(a) Requirement To Submit Plan Annually.--Concurrently
with the submission of the President's annual budget request
under section 1105 of title 31, the Secretary of Defense shall
submit to Congress each Strategic Sourcing Plan of Action for
the Department of Defense (as identified in the Department of
Defense Interim Guidance dated February 29, 2000, or any
successor Department of Defense guidance or directive), for the
following year.
``(b) Notification of Decision To Execute Plan.--If a
decision is made to consolidate, restructure, or reengineer an
organization, function, or activity of the Department of
Defense pursuant to a Strategic Sourcing Plan of Action
described in subsection (a), and such consolidation,
restructuring, or reengineering would result in a manpower
reduction affecting 50 or more personnel of the Department of
Defense (including military and civilian personnel)--
``(1) the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives a report describing that
decision, including--
``(A) a projection of the savings that will
be realized as a result of the consolidation,
restructuring, or reengineering, compared with
the cost incurred by the Department of Defense
to perform the function or to operate the
organization or activity prior to such proposed
consolidation, restructuring, or reengineering;
``(B) a description of all missions,
duties, or military requirements that will be
affected as a result of the decision to
consolidate, restructure, or reengineer the
organization, function, or activity that was
analyzed;
``(C) the Secretary's certification that
the consolidation, restructuring, or
reengineering will not result in any diminution
of military readiness;
``(D) a schedule for performing the
consolidation, restructuring, or reengineering;
and
``(E) the Secretary's certification that
the entire analysis for the consolidation,
restructuring, or reengineering is available
for examination; and
``(2) the head of the Defense Agency or the
Secretary of the military department concerned may not
implement the plan until 30 days after the date that
the agency head or Secretary submits notification to
the Committees on Armed Services of the Senate and
House of Representatives of the intent to carry out
such plan.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2475. Consolidation, restructuring, or reengineering of organizations,
functions, or activities: notification requirements.''.
SEC. 354. MONITORING OF SAVINGS RESULTING FROM WORKFORCE REDUCTIONS AS
PART OF CONVERSION OF FUNCTIONS TO PERFORMANCE BY
PRIVATE SECTOR OR OTHER STRATEGIC SOURCING
INITIATIVES.
(a) Requirement for a Monitoring System.--Chapter 146 of
title 10, United States Code, is amended by inserting after
section 2461 the following new section:
``Sec. 2461a. Development of system for monitoring cost savings
resulting from workforce reductions
``(a) Workforce Review Defined.--In this section, the term
`workforce review', with respect to a function of the
Department of Defense performed by Department of Defense
civilian employees, means a review conducted under Office of
Management and Budget Circular A-76 (or any successor
administrative regulation or policy), the Strategic Sourcing
Program Plan of Action (or any successor Department of Defense
guidance or directive), or any other authority to determine
whether the function--
``(1) should be performed by a workforce composed
of Department of Defense civilian employees or by a
private sector workforce; or
``(2) should be reorganized or otherwise
reengineered to improve the effeciency or effectiveness
of the performance of the function, with a resulting
decrease in the number of Department of Defense
civilian employees performing the function.
``(b) System for Monitoring Performance.--(1) The Secretary
of Defense shall establish a system for monitoring the
performance, including the cost of performance, of each
function of the Department of Defense that, after the date of
the enactment of this section, is the subject of a workforce
review.
``(2) The monitoring system shall be designed to compare
the following:
``(A) The costs to perform a function before the
workforce review to the costs actually incurred to
perform the function after implementing the conversion,
reorganization, or reengineering actions recommended by
the workforce review.
``(B) The anticipated savings to the actual
savings, if any, resulting from conversion,
reorganization, or reengineering actions undertaken in
response to the workforce review.
``(3) The monitoring of a function shall continue under
this section for at least five years after the conversion,
reorganization, or reengineering of the function.
``(c) Waiver for Certain Workforce Reviews.--Subsection (b)
shall not apply to a workforce review that would result in a
manpower reduction affecting fewer than 50 Department of
Defense civilian employees.
``(d) Annual Report.--Not later than February 1 of each
fiscal year, the Secretary of Defense shall submit to Congress
a report on the results of the monitoring performed under the
system established under subsection (b). For each function
subject to monitoring during the previous fiscal year, the
report shall indicate the following:
``(1) The cost of the workforce review.
``(2) The cost of performing the function before
the workforce review compared to the costs incurred
after implementing the conversion, reorganization, or
reengineering actions recommended by the workforce
review.
``(3) The actual savings derived from the
implementation of the recommendations of the workforce
review, if any, compared to the anticipated savings
that were to result from the conversion,
reorganization, or reengineering actions.
``(e) Consideration in Preparation of Future-Years Defense
Program.--In preparing the future-years defense program under
section 221 of this title, the Secretary of Defense shall, for
the fiscal years covered by the program, estimate and take into
account the costs to be incurred and the savings to be derived
from the performance of functions by workforces selected in
workforce reviews. The Secretary shall consider the results of
the monitoring under this section in making the estimates.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2461 the following new item:
``2461a. Development of system for monitoring cost savings resulting
from workforce reductions.''.
SEC. 355. PERFORMANCE OF EMERGENCY RESPONSE FUNCTIONS AT CHEMICAL
WEAPONS STORAGE INSTALLATIONS.
(a) Restriction on Conversion.--The Secretary of the Army
may not convert to contractor performance the emergency
response functions of any chemical weapons storage installation
that, as of the date of the enactment of this Act, are
performed for that installation by employees of the United
States until the certification required by subsection (c) has
been submitted in accordance with that subsection.
(b) Covered Installations.--For the purposes of this
section, a chemical weapons storage installation is any
installation of the Department of Defense on which lethal
chemical agents or munitions are stored.
(c) Certification Requirement.--The Secretary of the Army
shall certify in writing to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives that, to ensure that there will be no lapse of
capability to perform the chemical weapon emergency response
mission at a chemical weapons storage installation during any
transition to contractor performance of those functions at the
installation, the plan for conversion of the performance of
those functions--
(1) is consistent with the recommendation contained
in General Accounting Office Report NSIAD-00-88,
entitled ``DoD Competitive Sourcing'', dated March
2000;
(2) provides for a transition to contractor
performance of emergency response functions which
ensures an adequate transfer of the relevant knowledge
and expertise regarding chemical weapon emergency
response to the contractor personnel; and
(3) complies with section 2465 of title 10, United
States Code.
SEC. 356. SUSPENSION OF REORGANIZATION OR RELOCATION OF NAVAL AUDIT
SERVICE.
(a) Suspension.--During the period specified in subsection
(b), the Secretary of the Navy may not commence or continue any
consolidation, involuntary transfer, buy-out, or other
reduction in force of the workforce of auditors and
administrative support personnel of the Naval Audit Service if
the consolidation, involuntary transfer, buy-out, or other
reduction in force is associated with the reorganization or
relocation of the performance of the auditing functions of the
Naval Audit Service.
(b) Duration.--Subsection (a) applies during the period
beginning on the date of the enactment of this Act and ending
180 days after the date on which the Secretary submits to the
congressional defense committees a report that sets forth in
detail the Navy's plans and justification for the
reorganization or relocation of the performance of the auditing
functions of the Naval Audit Service, as the case may be.
Subtitle F--Defense Dependents Education
SEC. 361. ELIGIBILITY OF DEPENDENTS OF AMERICAN RED CROSS EMPLOYEES FOR
ENROLLMENT IN DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENT SCHOOLS IN PUERTO RICO.
Section 2164 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(i) American Red Cross Employee Dependents in Puerto
Rico.--(1) The Secretary may authorize the dependent of an
American Red Cross employee described in paragraph (2) to
enroll in an education program provided by the Secretary
pursuant to subsection (a) in Puerto Rico if the American Red
Cross agrees to reimburse the Secretary for the educational
services so provided.
``(2) An employee referred to in paragraph (1) is an
American Red Cross employee who--
``(A) resides in Puerto Rico; and
``(B) performs, on a full-time basis, emergency
services on behalf of members of the armed forces.
``(3) In determining the dependency status of any person
for the purposes of paragraph (1), the Secretary shall apply
the same definitions as apply to the determination of such
status with respect to Federal employees in the administration
of this section.
``(4) Subsection (g) shall apply with respect to
determining the reimbursement rates for educational services
provided pursuant to this subsection. Amounts received as
reimbursement for such educational services shall be treated in
the same manner as amounts received under subsection (g).''.
SEC. 362. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND
DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for
Fiscal Year 2001.--Of the amount authorized to be appropriated
by section 301(5) for operation and maintenance for Defense-
wide activities, $35,000,000 shall be available only for the
purpose of providing educational agencies assistance (as
defined in subsection (d)(1)) to local educational agencies.
(b) Notification.--Not later than June 30, 2001, the
Secretary of Defense shall notify each local educational agency
that is eligible for educational agencies assistance for fiscal
year 2001 of--
(1) that agency's eligibility for educational
agencies assistance; and
(2) the amount of the educational agencies
assistance for which that agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall
disburse funds made available under subsection (a) not later
than 30 days after the date on which notification to the
eligible local educational agencies is provided pursuant to
subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance''
means assistance authorized under section 386(b) of the
National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the
meaning given that term in section 8013(9) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
SEC. 363. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
(a) Payments.--Subject to subsection (f), the Secretary of
Defense shall make a payment for fiscal years after fiscal year
2001, to each local educational agency eligible to receive a
payment for a child described in subparagraph (A)(ii), (B),
(D)(i) or (D)(ii) of section 8003(a)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)) that
serves two or more such children with severe disabilities, for
costs incurred in providing a free appropriate public education
to each such child.
(b) Payment Amount.--The amount of the payment under
subsection (a) to a local educational agency for a fiscal year
for each child referred to in such subsection with a severe
disability shall be--
(1) the payment made on behalf of the child with a
severe disability that is in excess of the average per
pupil expenditure in the State in which the local
educational agency is located; less
(2) the sum of the funds received by the local
educational agency--
(A) from the State in which the child
resides to defray the educational and related
services for such child;
(B) under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) to
defray the educational and related services for
such child; and
(C) from any other source to defray the
costs of providing educational and related
services to the child which are received due to
the presence of a severe disabling condition of
such child.
(c) Exclusions.--No payment shall be made under subsection
(a) on behalf of a child with a severe disability whose
individual cost of educational and related services does not
exceed--
(1) five times the national or State average per
pupil expenditure (whichever is lower), for a child who
is provided educational and related services under a
program that is located outside the boundaries of the
school district of the local educational agency that
pays for the free appropriate public education of the
student; or
(2) three times the State average per pupil
expenditure, for a child who is provided educational
and related services under a program offered by the
local educational agency, or within the boundaries of
the school district served by the local educational
agency.
(d) Ratable reduction.--If the amount available for a
fiscal year for payments under subsection (a) is insufficient
to pay the full amount all local educational agencies are
eligible to receive under such subsection, the Secretary of
Defense shall ratably reduce the amounts of the payments made
under such subsection to all local educational agencies by an
equal percentage.
(e) Report.--Each local educational agency desiring a
payment under subsection (a) shall report to the Secretary of
Defense--
(1) the number of severely disabled children for
which a payment may be made under this section; and
(2) a breakdown of the average cost, by placement
(inside or outside the boundaries of the school
district of the local educational agency), of providing
education and related services to such children.
(f) Payments Subject to Appropriation.--Payments shall be
made for any period in a fiscal year under this section only to
the extent that funds are appropriated specifically for making
such payments for that fiscal year.
(g) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 8013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 364. ASSISTANCE FOR MAINTENANCE, REPAIR, AND RENOVATION OF SCHOOL
FACILITIES THAT SERVE DEPENDENTS OF MEMBERS OF THE
ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Repair and Renovation Assistance.--(1) During fiscal
year 2001, the Secretary of Defense may make a grant to an
eligible local educational agency to assist the agency to
repair and renovate--
(A) an impacted school facility that is used by
significant numbers of military dependent students; or
(B) a school facility that was a former Department
of Defense domestic dependent elementary or secondary
school.
(2) Authorized repair and renovation projects may include
repairs and improvements to an impacted school facility
(including the grounds of the facility) designed to ensure
compliance with the requirements of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or local
health and safety ordinances, to meet classroom size
requirements, or to accommodate school population increases.
(3) The total amount of assistance provided under this
subsection to an eligible local educational agency may not
exceed $2,500,000 during fiscal year 2001.
(b) Maintenance Assistance.--(1) During fiscal year 2001,
the Secretary of Defense may make a grant to an eligible local
educational agency whose boundaries are the same as a military
installation to assist the agency to maintain an impacted
school facility, including the grounds of such a facility.
(2) The total amount of assistance provided under this
subsection to an eligible local educational agency may not
exceed $250,000 during fiscal year 2001.
(c) Determination of Eligible Local Educational Agencies.--
(1) A local educational agency is an eligible local educational
agency under this section only if the Secretary of Defense
determines that the local educational agency has--
(A) one or more federally impacted school
facilities; and
(B) satisfies at least one of the following
eligibility requirements:
(i) The local educational agency is
eligible to receive assistance under subsection
(f) of section 8003 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7703) and at least 10 percent of the students
who were in average daily attendance in the
schools of such agency during the preceding
school year were students described under
paragraph (1)(A) or (1)(B) of section 8003(a)
of the Elementary and Secondary Education Act
of 1965.
(ii) At least 35 percent of the students
who were in average daily attendance in the
schools of the local educational agency during
the preceding school year were students
described under paragraph (1)(A) or(1)(B) of
section 8003(a) of the Elementary and Secondary Education Act of 1965.
(iii) The State education system and the
local educational agency are one and the same.
(2) A local educational agency is also an eligible local
educational agency under this section if the local educational
agency has a school facility that was a former Department of
Defense domestic dependent elementary or secondary school, but
assistance provided under subsection (a) may only be used to
repair and renovate that specific facility.
(d) Notification of Eligibility.--Not later than April 30,
2001, the Secretary of Defense shall notify each local
educational agency identified under subsection (c) that the
local educational agency is eligible to apply for a grant under
subsection (a), subsection (b), or both subsections.
(e) Relation to Impact Aid Construction Assistance.--A
local education agency that receives a grant under subsection
(a) to repair and renovate a school facility may not also
receive a payment for school construction under section 8007 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7707) for fiscal year 2001.
(f) Grant Considerations.--In determining which eligible
local educational agencies will receive a grant under this
section, the Secretary of Defense shall take into consideration
the following conditions and needs at impacted school
facilities of eligible local educational agencies:
(1) The repair or renovation of facilities is
needed to meet State mandated class size requirements,
including student-teacher ratios and instructional
space size requirements.
(2) There is an increase in the number of military
dependent students in facilities of the agency due to
increases in unit strength as part of military
readiness.
(3) There are unhoused students on a military
installation due to other strength adjustments at
military installations.
(4) The repair or renovation of facilities is
needed to address any of the following conditions:
(A) The condition of the facility poses a
threat to the safety and well-being of
students.
(B) The requirements of the Americans with
Disabilities Act of 1990.
(C) The cost associated with asbestos
removal, energy conservation, or technology
upgrades.
(D) Overcrowding conditions as evidenced by
the use of trailers and portable buildings and
the potential for future overcrowding because
of increased enrollment.
(5) The repair or renovation of facilities is
needed to meet any other Federal or State mandate.
(6) The number of military dependent students as a
percentage of the total student population in the
particular school facility.
(7) The age of facility to be repaired or
renovated.
(g) Definitions.--In this section:
(1) Local educational agency.--The term ``local
educational agency'' has the meaning given that term in
section 8013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
(2) Impacted school facility.--The term ``impacted
school facility'' means a facility of a local
educational agency--
(A) that is used to provide elementary or
secondary education at or near a military
installation; and
(B) at which the average annual enrollment
of military dependent students is a high
percentage of the total student enrollment at
the facility, as determined by the Secretary of
Defense.
(3) Military dependent students.--The term
``military dependent students'' means students who are
dependents of members of the armed forces or Department
of Defense civilian employees.
(4) Military installation.--The term ``military
installation'' has the meaning given that term in
section 2687(e) of title 10, United States Code.
(h) Funding Source.--The amount authorized to be
appropriated under section 301(25) for Quality of Life
Enhancements, Defense-Wide, shall be available to the Secretary
of Defense to make grants under this section.
Subtitle G--Military Readiness Issues
SEC. 371. MEASURING CANNIBALIZATION OF PARTS, SUPPLIES, AND EQUIPMENT
UNDER READINESS REPORTING SYSTEM.
Section 117(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(7) Measure, on a quarterly basis, the extent to
which units of the armed forces remove serviceable
parts, supplies, or equipment from one vehicle, vessel,
or aircraft in order to render a different vehicle,
vessel, or aircraft operational.''.
SEC. 372. REPORTING REQUIREMENTS REGARDING TRANSFERS FROM HIGH-PRIORITY
READINESS APPROPRIATIONS.
(a) Continuation of Reporting Requirements.--Section 483 of
title 10, United States Code, is amended by striking subsection
(e).
(b) Level of Detail.--Subsection (c)(2) of such section is
amended by inserting before the period the following: ``,
including identification of the sources from which funds were
transferred into that activity and identification of the
recipients of the funds transferred out of that activity''.
(c) Additional Covered Budget Activities.--Subsection
(d)(5) of such section is amended by adding at the end the
following new subparagraphs:
``(G) Combat Enhancement Forces.
``(H) Combat Communications.''.
SEC. 373. EFFECTS OF WORLDWIDE CONTINGENCY OPERATIONS ON READINESS OF
MILITARY AIRCRAFT AND EQUIPMENT.
(a) Requirement for Report.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report assessing the effects of
worldwide contingency operations on--
(1) the readiness of aircraft and ground equipment
of the Armed Forces; and
(2) the capability of the Armed Forces to maintain
a high level of equipment readiness and to manage a
high operating tempo for the aircraft and ground
equipment.
(b) Effects on Aircraft.--With respect to aircraft, the
assessment contained in the report shall address the following
effects:
(1) The effects of the contingency operations
carried out during fiscal years 1995 through 2000 on
the aircraft of each of the Armed Forces in each
category of aircraft, as follows:
(A) Combat tactical aircraft.
(B) Strategic aircraft.
(C) Combat support aircraft.
(D) Combat service support aircraft.
(2) The types of adverse effects on the aircraft of
each of the Armed Forces in each category of aircraft
specified in paragraph (1) resulting from contingency
operations, as follows:
(A) Patrolling in no-fly zones over Iraq in
Operation Northern Watch and Operation Southern
Watch and over the Balkans in Operation Allied
Force.
(B) Air operations in the North Atlantic
Treaty Organization air war against Serbia in
Operation Sky Anvil, Operation Noble Anvil, and
Operation Allied Force.
(C) Air operations in Operation Shining
Hope in Kosovo.
(D) All other activities within the general
context of worldwide contingency operations.
(3) Any other effects that the Secretary of Defense
considers appropriate in carrying out subsection (a).
(c) Effects on Ground Equipment.--With respect to ground
equipment, the assessment contained in the report shall address
following effects:
(1) The effects of the contingency operations
carried out during fiscal years 1995 through 2000 on
the ground equipment of each of the Armed Forces.
(2) Any other effects that the Secretary of Defense
considers appropriate in carrying out subsection (a).
(d) Definitions.--In this section:
(1) The term ``Armed Forces'' means the Army, Navy,
Marine Corps, and Air Force.
(2) The term ``contingency operation'' has the
meaning given the term in section 101(a)(13) of title
10, United States Code.
SEC. 374. IDENTIFICATION OF REQUIREMENTS TO REDUCE BACKLOG IN
MAINTENANCE AND REPAIR OF DEFENSE FACILITIES.
(a) Report To Address Maintenance and Repair Backlog.--Not
later than March 15, 2001, the Secretary of Defense shall
submit to Congress a report identifying a list of requirements
to reduce the backlog in maintenance and repair needs of
facilities and infrastructure under the jurisdiction of the
Department of Defense or a military department.
(b) Elements of Report.--At a minimum, the report shall
include or address the following:
(1) The extent of the work necessary to repair and
revitalize facilities and infrastructure, or to
demolish and replace unusable facilities, carried as
backlog by the Secretary of Defense or the Secretary of
a military department.
(2) Measurable goals, over specified time frames,
for addressing all of the identified requirements.
(3) Expected funding for each military department
and Defense Agency to address the identified
requirements during the period covered by the most
recent future-years defense program submitted to
Congress pursuant to section 221 of title 10, United
States Code.
(4) The cost of the current backlog in maintenance
and repair for each military department and Defense
Agency, which shall be determined using the standard
costs to standard facility categories in the Department
of Defense Facilities Cost Factors Handbook, shown both
in the aggregate and individually for each major
military installation.
(5) The total number of square feet of building
space of each military department and Defense Agency to
be demolished or proposed for demolition, shown both in
the aggregate and individually for each major military
installation.
(6) The initiatives underway to identify facility
and infrastructure requirements at military
installation to accommodate new and developing weapons
systems and to prepare installations to accommodate
these systems.
(c) Annual Updates.--The Secretary of Defense shall update
the report required under subsection (a) annually. The annual
updates shall be submitted to Congress at or about the time
that the budget is submitted to Congress for a fiscal year
under section 1105(a) of title 31, United States Code.
SEC. 375. NEW METHODOLOGY FOR PREPARING BUDGET REQUESTS TO SATISFY ARMY
READINESS REQUIREMENTS.
(a) Requirement for New Methodology.--The Secretary of the
Army shall develop a new methodology for preparing budget
requests for operation and maintenance for the Army that can be
used to ensure that the budget requests for operation and
maintenance for future fiscal years more accurately reflect the
Army's requirements than did the budget requests submitted to
Congress for fiscal year 2001 and preceding fiscal years.
(b) Sense of Congress Regarding New Methodology.--It is the
sense of Congress that--
(1) the methodology required by subsection (a)
should provide for the determination of the budget
levels to request for operation and maintenance for the
Army to be based on--
(A) the level of training that must be
conducted in order for the Army to execute
successfully the full range of missions called
for in the national defense strategy delineated
pursuant to section 118 of title 10, United
States Code, at a low-to-moderate level of
risk;
(B) the cost of conducting training at the
level of training described in subparagraph
(A); and
(C) the costs of all other Army operations,
including the cost of meeting infrastructure
requirements; and
(2) the Secretary of the Army should use the new
methodology in the preparation of the budget requests
for operation and maintenance for the Army for fiscal
years after fiscal year 2001.
SEC. 376. REVIEW OF AH-64 AIRCRAFT PROGRAM.
(a) Requirement for Review.--The Comptroller General shall
conduct a review of the Army's AH-64 aircraft program to
determine--
(1) whether obsolete spare parts, rather than spare
parts for the latest aircraft configuration, are being
procured;
(2) whether there is insufficient sustaining system
technical support;
(3) whether technical data packages and manuals are
obsolete;
(4) whether there are unfunded requirements for
airframe and component upgrades; and
(5) if one or more of the conditions described in
the preceding paragraphs exist, whether the readiness
of the aircraft is impaired by the conditions.
(b) Report.--Not later than March 1, 2001, the Comptroller
General shall submit to the congressional defense committees a
report on the results of the review under subsection (a).
SEC. 377. REPORT ON AIR FORCE SPARE AND REPAIR PARTS PROGRAM FOR C-5
AIRCRAFT.
(a) Findings.--Congress makes the following findings:
(1) There exists a significant shortfall in the
Nation's current strategic airlift requirement, even
though strategic airlift remains critical to the
national security strategy of the United States.
(2) This shortfall results from the slow phase-out
of C-141 aircraft and their replacement with C-17
aircraft and from lower than optimal reliability rates
for the C-5 aircraft.
(3) One of the primary causes of these reliability
rates for C-5 aircraft, and especially for operational
unit aircraft, is the shortage of spare repair parts.
Over the past 5 years, this shortage has been
particularly evident in the C-5 fleet.
(4) Not Mission Capable for Supply rates for C-5
aircraft have increased significantly in the period
between 1997 and 1999. At Dover Air Force Base,
Delaware, for example, an average of 7 to 9 C-5
aircraft were not available during that period because
of a lack of parts.
(5) Average rates of cannibalization of C-5
aircraft per 100 sorties of such aircraft have also
increased during that period and are well above the Air
Mobility Command standard. In any given month, this
means devoting additional manhours to cannibalization
of C-5 aircraft. At Dover Air Force Base, for example,
an average of 800 to 1,000 additional manhours were
required for cannibalization of C-5 aircraft during
that period. Cannibalization is often required for
aircraft that transit through a base such as Dover Air
Force Base, as well as those that are based there.
(6) High cannibalization rates indicate a
significant problem in delivering spare parts in a
timely manner and systemic problems within the repair
and maintenance process, and also demoralize overworked
maintenance crews.
(7) The C-5 aircraft remains an absolutely critical
asset in air mobility and airlifting heavy equipment
and personnel to both military contingencies and
humanitarian relief efforts around the world.
(8) Despite increased funding for spare and repair
parts and other efforts by the Air Force to mitigate
the parts shortage problem, Congress continues to
receive reports of significant cannibalization to
airworthy C-5 aircraft and parts backlogs.
(b) Report Required.--Not later than January 1, 2001, and
September 30, 2001, the Secretary of the Air Force shall submit
to Congress a report on the overall status of the spare and
repair parts program of the Air Force for the C-5 aircraft.
(c) Elements of Report.--Each report shall include the
following:
(1) A statement of the funds currently allocated to
the acquisition of spare and repair parts for the C-5
aircraft and the adequacy of such funds to meet current
and future repair and maintenance requirements for that
aircraft.
(2) A description of current efforts to address
shortfalls in the availability of spare and repair
parts for the C-5 aircraft, including an assessment of
potential short-term and long-term effects of such
efforts.
(3) An assessment of the effects of such parts
shortfalls on readiness and reliability ratings for the
C-5 aircraft.
(4) A description of rates at which spare and
repair parts for one C-5 aircraft are taken from
another C-5 aircraft (known as parts cannibalization)
and the manhours devoted to part cannibalization of
such aircraft.
(5) An assessment of the effects of parts
shortfalls and parts cannibalization with respect to C-
5 aircraft on readiness and retention.
Subtitle H--Other Matters
SEC. 381. ANNUAL REPORT ON PUBLIC SALE OF CERTAIN MILITARY EQUIPMENT
IDENTIFIED ON UNITED STATES MUNITIONS LIST.
(a) Annual Report Required.--Chapter 153 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2582. Military equipment identified on United States munitions
list: annual report of public sales
``(a) Report Required.--The Secretary of Defense shall
prepare an annual report identifying each public sale conducted
by a military department or Defense Agency of military items
that are--
``(1) identified on the United States Munitions
List maintained under section 121.1 of title 22, Code
of Federal Regulations; and
``(2) assigned a demilitarization code of `B' or
its equivalent.
``(b) Elements of Report.--(1) A report under this section
shall cover all public sales described in subsection (a) that
were conducted during the preceding fiscal year.
``(2) The report shall specify the following for each sale:
``(A) The date of the sale.
``(B) The military department or Defense Agency
conducting the sale.
``(C) The manner in which the sale was conducted.
``(D) The military items described in subsection
(a) that were sold or offered for sale.
``(E) The purchaser of each item.
``(F) The stated end-use of each item sold.
``(c) Submission of Report.--Not later than March 31 of
each year, the Secretary of Defense shall submit to the
Committee on Armed Services of the House of Representatives and
the Committee on Armed Services of the Senate the report
required by this section for the preceding fiscal year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2582. Military equipment identified on United States munitions list:
annual report of public sales.''.
SEC. 382. RESALE OF ARMOR-PIERCING AMMUNITION DISPOSED OF BY THE ARMY.
(a) Restriction.--(1) Chapter 443 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 4688. Armor-piercing ammunition and components: condition on
disposal
``(a) Limitation on Resale or Other Transfer.--Except as
provided in subsection (b), whenever the Secretary of the Army
carries out a disposal (by sale or otherwise) of armor-piercing
ammunition, or a component of armor-piercing ammunition, the
Secretary shall require as a condition of the disposal that the
recipient agree in writing not to sell or otherwise transfer
any of the ammunition (reconditioned or otherwise), or any
armor-piercing component of that ammunition, to any purchaser
in the United States other than a law enforcement or other
governmental agency.
``(b) Exception.--Subsection (a) does not apply to a
transfer of a component of armor-piercing ammunition solely for
the purpose of metal reclamation by means of a destructive
process such as melting, crushing, or shredding.
``(c) Special Rule for Non-Armor-Piercing Components.--A
component of the armor-piercing ammunition that is not itself
armor-piercing and is not subjected to metal reclamation as
described in subsection (b) may not be used as a component in
the production of new or remanufactured armor-piercing
ammunition other than for sale to a law enforcement or other
governmental agency or for a government-to-government sale or
commercial export to a foreign government under the Arms Export
Control Act (22 U.S.C. 2751).
``(d) Definition.--In this section, the term `armor-
piercing ammunition' means a center-fire cartridge the military
designation of which includes the term `armor penetrator' or
`armor-piercing', including a center-fire cartridge designated
as armor-piercing incendiary (API) or armor-piercing
incendiary-tracer (API-T).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``4688. Armor-piercing ammunition and components: condition on
disposal.''.
(b) Applicability.--Section 4688 of title 10, United States
Code, as added by subsection (a), shall apply with respect to
any disposal of ammunition or components referred to in that
section after the date of the enactment of this Act.
SEC. 383. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR SUPPORT PROVIDED AT
JOHNSTON ATOLL.
(a) In General.--Chapter 949 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 9783. Johnston Atoll: reimbursement for support provided to
civil air carriers
``(a) Authority of the Secretary.--The Secretary of the Air
Force may, under regulations prescribed by the Secretary,
require payment by a civil air carrier for support provided by
the United States to the carrier at Johnston Atoll that is
either--
``(1) requested by the civil air carrier; or
``(2) determined under the regulations as being
necessary to accommodate the civil air carrier's use of
Johnston Atoll.
``(b) Amount of Charges.--Any amount charged an air carrier
under subsection (a) for support shall be equal to the total
amount of the actual costs to the United States of providing
the support. The amount charged may not include any amount for
an item of support that does not satisfy a condition described
in paragraph (1) or (2) of subsection (a).
``(c) Relationship to Landing Fees.--No landing fee shall
be charged an air carrier for a landing of an aircraft of the
air carrier at Johnston Atoll if the air carrier is charged
under subsection (a) for support provided to the air carrier.
``(d) Disposition of Payments.--(1) Amounts collected from
an air carrier under this section shall be credited to
appropriations available for the fiscal year in which
collected, as follows:
``(A) For support provided by the Air Force, to
appropriations available for the Air Force for
operation and maintenance.
``(B) For support provided by the Army, to
appropriations available for the Army for chemical
demilitarization.
``(2) Amounts credited to an appropriation under paragraph
(1) shall be merged with funds in that appropriation and shall
be available, without further appropriation, for the purposes
and period for which the appropriation is available.
``(e) Definitions.--In this section:
``(1) The term `civil air carrier' means an air
carrier (as defined in section 40101(a)(2) of title 49)
that is issued a certificate of public convenience and
necessity under section 41102 of such title.
``(2) The term `support' includes fuel, fire
rescue, use of facilities, improvements necessary to
accommodate use by civil air carriers, police, safety,
housing, food, air traffic control, suspension of
military operations on the island (including operations
at the Johnston Atoll Chemical Agent Demilitarization
System), repairs, and any other construction, services,
or supplies.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``9783. Johnston Atoll: reimbursement for support provided to civil air
carriers.''.
SEC. 384. TRAVEL BY RESERVES ON MILITARY AIRCRAFT.
(a) Space-Required Travel for Travel to Duty Stations.--
Subsection (a) of section 18505 of title 10, United States
Code, is amended to read as follows:
``(a) A member of a reserve component traveling for annual
training duty or inactive-duty training (including a place
other than the place of the member's unit training assembly if
the member is performing annual training duty or inactive-duty
training in another location) may travel in a space-required
status on aircraft of the armed forces between the member's
home and the place of the annual training duty or inactive-duty
training.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 18505. Reserves traveling for annual training duty or inactive-
duty training: space-required travel on military
aircraft''.
(2) The table of sections at the beginning of chapter 1805
of such title is amended by striking the item relating to
section 18505 and inserting the following new item:
``18505. Reserves traveling for annual training duty or inactive-duty
training: space-required travel on military aircraft.''.
SEC. 385. OVERSEAS AIRLIFT SERVICE ON CIVIL RESERVE AIR FLEET AIRCRAFT.
(a) In General.--Section 41106 of title 49, United States
Code, is amended--
(1) in subsection (a)(1), by striking ``of at least
31 days'';
(2) by redesignating subsection (b) as subsection
(d); and
(3) by inserting after subsection (a) the following
new subsections:
``(b) Transportation Between the United States and Foreign
Locations.--Except as provided in subsection (d), the
transportation of passengers or property by transport category
aircraft between a place in the United States and a place
outside the United States obtained by the Secretary of Defense
or the Secretary of a military department through a contract
for airlift service shall be provided by an air carrier
referred to in subsection (a).
``(c) Transportation Between Foreign Locations.--The
transportation of passengers or property by transport category
aircraft between two places outside the United States obtained
by the Secretary of Defense or the Secretary of a military
department through a contract for airlift service shall be
provided by an air carrier that has aircraft in the civil
reserve air fleet whenever transportation by such an air
carrier is reasonably available.''.
(b) Conforming Amendment.--Subsection (a) of such section
is further amended by striking ``General.--(1) Except as
provided in subsection (b) of this section,'' and inserting
``Interstate Transportation.--(1) Except as provided in
subsection (d) of this section,''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2000.
SEC. 386. ADDITIONS TO PLAN FOR ENSURING VISIBILITY OVER ALL IN-TRANSIT
END ITEMS AND SECONDARY ITEMS.
(a) Required Additions.--Subsection (d) of section 349 of
the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1981; 10 U.S.C.
2458 note) is amended--
(1) in paragraph (1), by inserting before the
period at the end the following: ``, including specific
actions to address underlying weaknesses in the
controls over items being shipped''; and
(2) by adding at the end the following new
paragraph:
``(5) The key management elements for monitoring,
and for measuring the progress achieved in, the
implementation of the plan, including--
``(A) the assignment of oversight
responsibility for each action identified
pursuant to paragraph (1);
``(B) a description of the resources
required for oversight; and
``(C) an estimate of the annual cost of
oversight.''.
(b) Conforming Amendments.--(1) Subsection (a) of such
section is amended by striking ``Not later than'' and allthat
follows through ``Congress'' and inserting ``The Secretary of Defense
shall prescribe and carry out''.
(2) Such section is further amended by adding at the end
the following new subsection:
``(f) Submissions to Congress.--The Secretary shall submit
to Congress any revisions made to the plan that are required by
any law enacted after October 17, 1998. The revisions so made
shall be submitted not later than 180 days after the date of
the enactment of the law requiring the revisions.''.
(3) Subsection (e)(1) of such section is amended by
striking ``submits the plan'' and inserting ``submits the
initial plan''.
SEC. 387. REAUTHORIZATION OF PILOT PROGRAM FOR ACCEPTANCE AND USE OF
LANDING FEES CHARGED FOR USE OF DOMESTIC MILITARY
AIRFIELDS BY CIVIL AIRCRAFT.
(a) Reauthorization.--Section 377 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 1993; 10 U.S.C. 113 note) is amended--
(1) in subsection (a)--
(A) by striking ``during fiscal years 1999
and 2000''; and
(B) by striking the second sentence; and
(2) by adding at the end the following new
subsection:
``(e) Duration of Pilot Program.--The pilot program under
this section may not be carried out after September 30,
2010.''.
(b) Fees Collected.--Subsection (b) of such section is
amended to read as follows:
``(b) Landing Fee Defined.--In this section, the term
`landing fee' means any fee that is established under or in
accordance with regulations of the military department
concerned (whether prescribed in a fee schedule or imposed
under a joint-use agreement) to recover costs incurred for use
by civil aircraft of an airfield of the military department in
the United States or in a territory or possession of the United
States.''.
(c) Use of Proceeds.--Subsection (c) of such section is
amended by striking ``Amounts received for a fiscal year in
payment of landing fees imposed under the pilot program for use
of a military airfield'' and inserting ``Amounts received in
payment of landing fees for use of a military airfield in a
fiscal year of the pilot program''.
(d) Report.--Subsection (d) of such section is amended--
(1) by striking ``March 31, 2000,'' and inserting
``March 31, 2003,''; and
(2) by striking ``December 31, 1999'' and inserting
``December 31, 2002''.
SEC. 388. EXTENSION OF AUTHORITY TO SELL CERTAIN AIRCRAFT FOR USE IN
WILDFIRE SUPPRESSION.
Section 2 of the Wildfire Suppression Aircraft Transfer Act
of 1996 (Public Law 104-307; 10 U.S.C. 2576 note) is amended--
(1) in subsection (a)(1), by striking ``September
30, 2000'' and inserting ``September 30, 2005'';
(2) in subsection (d)(1)--
(A) by striking ``the date of the enactment
of this Act'' and inserting ``October 14,
1996''; and
(B) by adding at the end the following:
``The regulations prescribed under this
paragraph shall be effective until the end of
the period specified in subsection (a)(1).'';
and
(3) in subsection (f), by striking ``March 31,
2000'' and inserting ``March 31, 2005''.
SEC. 389. DAMAGE TO AVIATION FACILITIES CAUSED BY ALKALI SILICA
REACTIVITY.
(a) Assessment of Damage and Prevention and Mitigation
Technology.--The Secretary of Defense shall require the
Secretaries of the military departments to assess--
(1) the damage caused to aviation facilities of the
Armed Forces by alkali silica reactivity; and
(2) the availability of technologies capable of
preventing, treating, or mitigating alkali silica
reactivity in hardened concrete structures and
pavements.
(b) Evaluation of Technologies.--(1) Taking into
consideration the assessment under subsection (a), the
Secretary of each military department may conduct a
demonstration project at a location selected by the Secretary
concerned to test and evaluate the effectiveness of
technologies intended to prevent, treat, or mitigate alkali
silica reactivity in hardened concrete structures and
pavements.
(2) The Secretary of Defense shall ensure that the
locations selected for the demonstration projects represent the
diverse operating environments of the Armed Forces.
(c) New Construction.--The Secretary of Defense shall
develop specific guidelines for appropriate testing and use of
lithium salts to prevent alkali silica reactivity in new
construction of the Department of Defense.
(d) Completion of Assessment and Demonstration.--The
assessment conducted under subsection (a) and the demonstration
projects, if any, conducted under subsection (b) shall be
completed not later than September 30, 2006.
(e) Delegation of Authority.--The authority to conduct the
assessment under subsection (a) may be delegated only to the
Chief of Engineers of the Army, the Commander of the Naval
Facilities Engineering Command, and the Civil Engineer of the
Air Force.
(f) Limitation on Expenditures.--The Secretary of Defense
and the Secretaries of the military departments may not expend
more than a total of $5,000,000 to conduct both the assessment
under subsection (a) and all of the demonstration projects
under subsection (b).
SEC. 390. DEMONSTRATION PROJECT TO INCREASE RESERVE COMPONENT INTERNET
ACCESS AND SERVICES IN RURAL COMMUNITIES.
(a) Authorization and Purpose of Project.--The Secretary of
the Army, acting through the Chief of the National Guard
Bureau, may carry out a demonstration project in rural
communities that are unserved or underserved by the
telecommunications medium known as the Internet to provide or
increase Internet access and services to units and members of
the National Guard and other reserve components located in
these communities.
(b) Project Elements.--In carrying out the demonstration
project, the Secretary may--
(1) establish and operate distance learning
classrooms in communities described in subsection (a),
including any support systems required for such
classrooms; and
(2) provide Internet access and services in such
classrooms through GuardNet, the telecommunications
infrastructure of the National Guard.
(c) Report.--Not later than February 1, 2005, the Secretary
shall submit to Congress a report on the demonstration project.
The report shall describe the activities conducted under the
demonstration project and include any recommendations for the
improvement or expansion of the demonstration project that the
Secretary considers appropriate.
SEC. 391. ADDITIONAL CONDITIONS ON IMPLEMENTATION OF DEFENSE JOINT
ACCOUNTING SYSTEM.
(a) Report on Deployment of System.--The proposed Defense
Joint Accounting System is not prohibited, but the Secretary of
Defense may not grant a Milestone III decision for the system
unless and until the Secretary of Defense submits to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report--
(1) explaining the reasons for the withdrawal of
the Department of the Air Force from the proposed
Defense Joint Accounting System and the effect of the
withdrawal on the development of the system;
(2) explaining the reasons why the Department of
the Navy is not required to participate in the system;
(3) identifying business process reengineering
initiatives reviewed, considered, or undertaken by the
Department of the Air Force and the Department of the
Navy before the decisions were made to exclude the
Department of the Navy from the system and to allow the
Department of the Air Force to withdraw from the
system; and
(4) containing an analysis, prepared with the
participation of the Secretaries of the military
departments, of alternatives to the system to determine
whether the system warrants deployment.
(b) Certification.--If the Secretary of Defense determines
that the proposed Defense Joint Accounting System warrants a
Milestone III decision, the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a certification
that the system will meet--
(1) the required functionality for users of the
system;
(2) Department of Defense acquisition standards;
(3) the applicable requirements for Milestones I,
II and III; and
(4) the applicable requirements of the Clinger-
Cohen Act of 1996 (divisions D and E of Public Law 104-
106).
SEC. 392. REPORT ON DEFENSE TRAVEL SYSTEM.
(a) Requirement for Report.--Not later than November 30,
2000, the Secretary of Defense shall submit to the
congressional defense committees a report on the Defense Travel
System.
(b) Content of Report.--The report shall include the
following:
(1) A detailed discussion of the development,
testing, and fielding of the system, including the
performance requirements, the evaluation criteria, the
funding that has been provided for the development,
testing, and fielding of the system, and the funding
that is projected to be required for completing the
development, testing, and fielding of the system.
(2) The schedule for the testing of the system,
including the initial operational test and evaluation
and the finaloperational testing and evaluation,
together with the results of the testing.
(3) The cost savings expected to result from the
deployment of the system and from the completed
implementation of the system, together with a
discussion of how the savings are estimated and the
expected schedule for the realization of the savings.
(4) An analysis of the costs and benefits of
fielding the front-end software for the system
throughout all 18 geographical areas selected for the
original fielding of the system.
SEC. 393. REVIEW OF DEPARTMENT OF DEFENSE COSTS OF MAINTAINING
HISTORICAL PROPERTIES.
(a) Requirement for Review.--The Comptroller General shall
conduct a review of the annual costs incurred by the Department
of Defense to comply with the requirements of the National
Historic Preservation Act (16 U.S.C. 470 et seq.).
(b) Report.--Not later than February 28, 2001, the
Comptroller General shall submit to the congressional defense
committees a report on the results of the review. The report
shall contain the following:
(1) For each military department and Defense Agency
and for the Department of Defense in the aggregate, the
cost for fiscal year 2000 and the projected costs for
the ensuing 10 fiscal years to comply with the
requirements of the National Historic Preservation Act.
(2) Of the costs referred to in paragraph (1), the
portion of such costs related to maintenance of those
properties that qualified as historic properties under
the National Historic Preservation Act when such Act
was originally enacted in 1966.
(3) The accounts used for paying the costs of
complying with the requirements of the National
Historic Preservation Act.
(4) For each military department and Defense
Agency, the identity of all properties that must be
maintained in order to comply with the requirements of
the National Historic Preservation Act.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Adjustment to end strength flexibility authority.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2001 limitation on non-dual status technicians.
Sec. 415. Increase in numbers of members in certain grades authorized to
be on active duty in support of the Reserves.
Subtitle C--Other Matters Relating to Personnel Strengths
Sec. 421. Authority for Secretary of Defense to suspend certain
personnel strength limitations during war or national
emergency.
Sec. 422. Exclusion from active component end strengths of certain
reserve component members on active duty in support of the
combatant commands.
Sec. 423. Exclusion of Army and Air Force medical and dental officers
from limitation on strengths of reserve commissioned officers
in grades below brigadier general.
Sec. 424. Authority for temporary increases in number of reserve
component personnel serving on active duty or full-time
national guard duty in certain grades.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2001, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,642.
(3) The Marine Corps, 172,600.
(4) The Air Force, 357,000.
SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.
(a) Revised End Strength Floors.--Section 691(b) of title
10, United States Code, is amended--
(1) in paragraph (2), by striking ``371,781'' and
inserting ``372,000'';
(2) in paragraph (3), by striking ``172,148'' and
inserting ``172,600''; and
(3) in paragraph (4), by striking ``360,877'' and
inserting ``357,000''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2000.
SEC. 403. ADJUSTMENT TO END STRENGTH FLEXIBILITY AUTHORITY.
Section 691(e) of title 10, United States Code, is amended
by inserting ``or greater than'' after ``identical to''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2001, as follows:
(1) The Army National Guard of the United States,
350,526.
(2) The Army Reserve, 205,300.
(3) The Naval Reserve, 88,900.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States,
108,022.
(6) The Air Force Reserve, 74,358.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units
organized to serve as units of the Selected Reserve of
such component which are on active duty (other than for
training) at the end of the fiscal year; and
(2) the total number of individual members not in
units organized to serve as units of the Selected
Reserve of such component who are on active duty (other
than for training or for unsatisfactory participation
in training) without their consent at the end of the
fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be proportionately increased by
the total authorized strengths of such units and by the total
number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2001, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the case
of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or training
the reserve components:
(1) The Army National Guard of the United States,
22,974.
(2) The Army Reserve, 13,106.
(3) The Naval Reserve, 14,649.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States,
11,170.
(6) The Air Force Reserve, 1,336.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2001 for the reserve components
of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United
States, 23,128.
(2) For the Army Reserve, 5,921.
(3) For the Air National Guard of the United
States, 22,247.
(4) For the Air Force Reserve, 9,785.
SEC. 414. FISCAL YEAR 2001 LIMITATION ON NON-DUAL STATUS TECHNICIANS.
(a) Limitation.--The number of non-dual status technicians
employed by the reserve components of the Army and the Air
Force as of September 30, 2001, may not exceed the following:
(1) For the Army Reserve, 1,195.
(2) For the Army National Guard of the United
States, 1,600.
(3) For the Air Force Reserve, 10.
(4) For the Air National Guard of the United
States, 326.
(b) Non-Dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
that term in section 10217(a) of title 10, United States Code.
(c) Postponement of Permanent Limitation.--Section
10217(c)(2) of title 10, United States Code, is amended by
striking ``October 1, 2001'' and inserting ``October 1, 2002''.
SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES AUTHORIZED
TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Officers.--The table in section 12011(a) of title 10,
United States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,316 1,071 948 140
Lieutenant Colonel or Commander..... 1,759 520 852 90
Colonel or Navy Captain............. 529 188 317 30''.
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table in section 12012(a)
of such title is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 764 202 502 20
E-8................................. 2,821 429 1,117 94''.
------------------------------------------------------------------------
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2000.
(d) Report.--(1) Not later than March 31, 2001, the
Secretary shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report on management of the grade structure
for reserve-component officers who are subject to section 12011
of title 10, United States Code, and on the grade structure of
enlisted members who are subject to section 12012 of that
title. The Secretary of Defense shall include in the report
recommendations for a permanent solution for managing the grade
structures for those officers and enlisted members without
requirement for frequent statutory adjustments to the
limitations in those sections.
(2) In developing recommendations for the report under
paragraph (1), the Secretary shall consider the following
areas:
(A) The grade structure authorized for field-grade
officers in the active-duty forces and the reasons why
the grade structure for field-grade reserve officers on
active duty in support of the reserves is different.
(B) The grade structure authorized for senior
enlisted members in the active-duty forces and the
reasons why the grade structure for senior enlisted
reserve members on active duty in support of the
reserves is different.
(C) The need for independent grade limits for each
reserve component under sections 12011 and 12012 of
title 10, United States Code.
(D) The advantages and disadvantage of replacing
management by the current grade tables in those
sections with management through a system based on the
grade authorized for the position occupied by the
member.
(E) The current mix within each reserve component,
for each controlled grade, of (i) traditional
reservists, (ii) military technicians, (iii) regular
component members, and (iv) reserve members on active
duty in support of the reserves, and how that mix, for
each component, would shift over time under the
Secretary's recommended solution as specified in
paragraph (1).
Subtitle C--Other Matters Relating to Personnel Strengths
SEC. 421. AUTHORITY FOR SECRETARY OF DEFENSE TO SUSPEND CERTAIN
PERSONNEL STRENGTH LIMITATIONS DURING WAR OR
NATIONAL EMERGENCY.
(a) Senior Enlisted Members on Active Duty.--Section 517 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(c) Whenever under section 527 of this title the
President may suspend the operation of any provision of section
523, 525, or 526 of this title, the Secretary of Defense may
suspend the operation of any provision of this section. Any
such suspension shall, if not sooner ended, end in the manner
specified in section 527 for a suspension under that
section.''.
(b) Field Grade Reserve Component Officers.--Section 12011
of such title is amended by adding at the end the following new
subsection:
``(c) Whenever under section 527 of this title the
President may suspend the operation of any provision of section
523, 525, or 526 of this title, the Secretary of Defense may
suspend the operation of any provision of this section. Any
such suspension shall, if not sooner ended, end in the manner
specified in section 527 for a suspension under that
section.''.
(c) Senior Enlisted Member in Reserve Components.--Section
12012 of such title is amended by adding at the end the
following new subsection:
``(c) Whenever under section 527 of this title the
President may suspend the operation of any provision of section
523, 525, or 526 of this title, the Secretary of Defense may
suspend the operation of any provision of this section. Any
such suspension shall, if not sooner ended, end in the manner
specified in section 527 for a suspension under that
section.''.
SEC. 422. EXCLUSION FROM ACTIVE COMPONENT END STRENGTHS OF CERTAIN
RESERVE COMPONENT MEMBERS ON ACTIVE DUTY IN SUPPORT
OF THE COMBATANT COMMANDS.
Section 115(d) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(9) Members of reserve components (not described
in paragraph (8)) on active duty for more than 180 days
but less than 271 days to perform special work in
support of the combatant commands, except that--
``(A) general and flag officers may not be
excluded under this paragraph; and
``(B) the number of members of any of the
armed forces excluded under this paragraph may
not exceed the number equal to 0.2 percent of
the end strength authorized for active-duty
personnel of that armed force under subsection
(a)(1)(A).''.
SEC. 423. EXCLUSION OF ARMY AND AIR FORCE MEDICAL AND DENTAL OFFICERS
FROM LIMITATION ON STRENGTHS OF RESERVE
COMMISSIONED OFFICERS IN GRADES BELOW BRIGADIER
GENERAL.
Section 12005(a) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) Medical officers and dental officers shall not be
counted for the purposes of this subsection.''.
SEC. 424. AUTHORITY FOR TEMPORARY INCREASES IN NUMBER OF RESERVE
COMPONENT PERSONNEL SERVING ON ACTIVE DUTY OR FULL-
TIME NATIONAL GUARD DUTY IN CERTAIN GRADES.
(a) Field Grade Officers.--Section 12011 of title 10,
United States Code, as amended by section 421(b), is amended by
adding at the end the following new subsection:
``(d) Upon increasing under subsection (c)(2) of section
115 of this title the end strength that is authorized under
subsection (a)(1)(B) of that section for a fiscal year for
active-duty personnel and full-time National Guard duty
personnel of an armed force who are to be paid from funds
appropriated for reserve personnel, the Secretary of Defense
may increase for that fiscal year the limitation that is set
forth in subsection (a) of this section for the number of
officers of that armed force serving in any grade if the
Secretary determines that such action is in the national
interest. The percent of the increase may not exceed the
percent by which the Secretary increases that end strength.''.
(b) Senior Enlisted Personnel.--Section 12012 of such
title, as amended by section 421(c), is amended by adding at
the end the following new subsection:
``(d) Upon increasing under subsection (c)(2) of section
115 of this title the end strength that is authorized under
subsection (a)(1)(B) of that section for a fiscal year for
active-duty personnel and full-time National Guard duty
personnel of an armed force who are to be paid from funds
appropriated for reserve personnel, the Secretary of Defense
may increase for that fiscal year the limitation that is set
forth in subsection (a) of this section for the number of
enlisted members of that armed force serving in any grade if
the Secretary determines that such action is in the national
interest. The percent of the increase may not exceed the
percent by which the Secretary increases that end strength.''.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2001 a total of $75,801,666,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2001.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Eligibility of Army and Air Force Reserve colonels and
brigadier generals for position vacancy promotions.
Sec. 502. Flexibility in establishing promotion zones for Coast Guard
Reserve officers.
Sec. 503. Time for release of reports of officer promotion selection
boards.
Sec. 504. Clarification of requirements for composition of active-duty
list selection boards when reserve officers are under
consideration.
Sec. 505. Authority to issue posthumous commissions in the case of
members dying before official recommendation for appointment
or promotion is approved by Secretary concerned.
Sec. 506. Technical corrections relating to retired grade of reserve
commissioned officers.
Sec. 507. Grade of chiefs of reserve components and directors of
National Guard components.
Sec. 508. Revision to rules for entitlement to separation pay for
regular and reserve officers.
Subtitle B--Reserve Component Personnel Policy
Sec. 521. Exemption from active-duty list for reserve officers on active
duty for a period of three years or less.
Sec. 522. Termination of application requirement for consideration of
officers for continuation on the reserve active-status list.
Sec. 523. Authority to retain Air Force Reserve officers in all medical
specialties until specified age.
Sec. 524. Authority for provision of legal services to reserve component
members following release from active duty.
Sec. 525. Extension of involuntary civil service retirement date for
certain reserve technicians.
Subtitle C--Education and Training
Sec. 531. Eligibility of children of Reserves for Presidential
appointment to service academies.
Sec. 532. Selection of foreign students to receive instruction at
service academies.
Sec. 533. Revision of college tuition assistance program for members of
Marine Corps Platoon Leaders Class program.
Sec. 534. Review of allocation of Junior Reserve Officers Training Corps
units among the services.
Sec. 535. Authority for Naval Postgraduate School to enroll certain
defense industry civilians in specified programs relating to
defense product development.
Subtitle D--Decorations, Awards, and Commendations
Sec. 541. Limitation on award of Bronze Star to members in receipt of
imminent danger pay.
Sec. 542. Consideration of proposals for posthumous or honorary
promotions or appointments of members or former members of the
Armed Forces and other qualified persons.
Sec. 543. Waiver of time limitations for award of certain decorations to
certain persons.
Sec. 544. Addition of certain information to markers on graves
containing remains of certain unknowns from the U.S.S. Arizona
who died in the Japanese attack on Pearl Harbor on December 7,
1941.
Sec. 545. Sense of Congress on the court-martial conviction of Captain
Charles Butler McVay, Commander of the U.S.S. Indianapolis,
and on the courageous service of the crew of that vessel.
Sec. 546. Posthumous advancement on retired list of Rear Admiral Husband
E. Kimmel and Major General Walter C. Short, senior officers
in command in Hawaii on December 7, 1941.
Sec. 547. Commendation of citizens of Remy, France, for World War II
actions.
Sec. 548. Authority for Award of the Medal of Honor to William H.
Pitsenbarger for valor during the Vietnam War.
Subtitle E--Military Justice and Legal Assistance Matters
Sec. 551. Recognition by States of military testamentary instruments.
Sec. 552. Policy concerning rights of individuals whose names have been
entered into Department of Defense official criminal
investigative reports.
Sec. 553. Limitation on Secretarial authority to grant clemency for
military prisoners serving sentence of confinement for life
without eligibility for parole.
Sec. 554. Authority for civilian special agents of military department
criminal investigative organizations to execute warrants and
make arrests.
Sec. 555. Requirement for verbatim record in certain special court-
martial cases.
Sec. 556. Commemoration of the 50th anniversary of the Uniform Code of
Military Justice.
Subtitle F--Matters Relating to Recruiting
Sec. 561. Army recruiting pilot programs.
Sec. 562. Enhancement of recruitment market research and advertising
programs.
Sec. 563. Access to secondary schools for military recruiting purposes.
Sec. 564. Pilot program to enhance military recruiting by improving
military awareness of school counselors and educators.
Subtitle G--Other Matters
Sec. 571. Extension to end of calendar year of expiration date for
certain force drawdown transition authorities.
Sec. 572. Voluntary separation incentive.
Sec. 573. Congressional review period for assignment of women to duty on
submarines and for any proposed reconfiguration or design of
submarines to accommodate female crew members.
Sec. 574. Management and per diem requirements for members subject to
lengthy or numerous deployments.
Sec. 575. Pay in lieu of allowance for funeral honors duty.
Sec. 576. Test of ability of reserve component intelligence units and
personnel to meet current and emerging defense intelligence
needs.
Sec. 577. National Guard Challenge Program.
Sec. 578. Study of use of civilian contractor pilots for operational
support missions.
Sec. 579. Reimbursement for expenses incurred by members in connection
with cancellation of leave on short notice.
Subtitle A--Officer Personnel Policy
SEC. 501. ELIGIBILITY OF ARMY AND AIR FORCE RESERVE COLONELS AND
BRIGADIER GENERALS FOR POSITION VACANCY PROMOTIONS.
Section 14315(b) of title 10, United States Code, is
amended--
(1) in paragraph (1), by inserting after ``(A) is
assigned to the duties of a general officer of the next
higher reserve grade in the Army Reserve'' the
following: ``or is recommended for such an assignment
under regulations prescribed by the Secretary of the
Army''; and
(2) in paragraph (2), by inserting after ``(A) is
assigned to the duties of a general officer of the next
higher reserve grade'' the following: ``or is
recommended for such an assignment under regulations
prescribed by the Secretary of the Air Force''.
SEC. 502. FLEXIBILITY IN ESTABLISHING PROMOTION ZONES FOR COAST GUARD
RESERVE OFFICERS.
(a) Coast Guard Reserve Officer Promotion System Based on
DOD ROPMA System.--Section 729(d) of title 14, United States
Code, is amended to read as follows:
``(d)(1) Before convening a selection board to recommend
Reserve officers for promotion, the Secretary shall establish a
promotion zone for officers serving in each grade to be
considered by the board. The Secretary shall determine the
number of officers in the promotion zone for officers serving
in any grade from among officers who are eligible for promotion
in that grade.
``(2)(A) Before convening a selection board to recommend
Reserve officers for promotion to a grade (other than the grade
of lieutenant (junior grade)), the Secretary shall determine
the maximum number of officers in that grade that the board may
recommend for promotion.
``(B) The Secretary shall make the determination under
subparagraph (A) of the maximum number that may be recommended
with a view to having in an active status a sufficient number
of Reserve officers in each grade to meet the needs of the
Coast Guard for Reserve officers in an active status.
``(C) In order to make the determination under subparagraph
(B), the Secretary shall determine the following:
``(i) The number of positions needed to accomplish
mission objectives that require officers in the grade
to which the board will recommend officers for
promotion.
``(ii) The estimated number of officers needed to
fill vacancies in such positions during the period in
which it is anticipated that officers selected for
promotion will be promoted.
``(iii) The number of officers authorized by the
Secretary to serve in an active status in the grade
under consideration.
``(iv) Any statutory limitation on the number of
officers in any grade authorized to be in an active
status.
``(3)(A) The Secretary may, when the needs of the Coast
Guard require, authorize the consideration of officers in a
grade above lieutenant (junior grade) for promotion to the next
higher grade from below the promotion zone.
``(B) When selection from below the promotion zone is
authorized, the Secretary shall establish the number of
officers that may be recommended for promotion from below the
promotion zone. That number may not exceed the number equal to
10 percent of the maximum number of officers that the board is
authorized to recommend for promotion, except that the
Secretary may authorize a greater number, not to exceed 15
percent of the total number of officers that the board is
authorized to recommend for promotion, if the Secretary
determines that the needs of the Coast Guard so require. If the
maximum number determined under this subparagraph is less than
one, the board may recommend one officer for promotion from
below the promotion zone.
``(C) The number of officers recommended for promotion from
below the promotion zone does not increase the maximum number
of officers that the board is authorized to recommend for
promotion under paragraph (2).''.
(b) Running Mate System Made Optional.--(1) Section 731 of
such title is amended--
(A) by designating the text of such section as
subsection (b);
(B) by inserting after the section heading the
following:
``(a) Authority To Use Running Mate System.--The Secretary
may by regulation implement section 729(d)(1) of this title by
requiring that the promotion zone for consideration of Reserve
officers in an active status for promotion to the next higher
grade be determined in accordance with a running mate system as
provided in subsection (b).'';
(C) in subsection (b), as designated by
subparagraph (A), by striking ``Subject to the
eligibility requirements of this subchapter, a Reserve
officer shall'' and inserting the following:
``Consideration for Promotion.--If promotion zones are
determined as authorized under subsection (a), a
Reserve officer shall, subject to the eligibility
requirements of this subchapter,''; and
(D) by adding at the end the following:
``(c) Consideration of Officers Below the Zone.--If the
Secretary authorizes the selection of officers for promotion
from below the promotion zone in accordance with section
729(d)(3) of this title, the number of officers to be
considered from below the zone may be established through the
application of the running mate system under this subchapter or
otherwise as the Secretary determines to be appropriate to meet
the needs of the Coast Guard.''.
(2)(A) The heading for such section is amended to read as
follows:
``Sec. 731. Establishment of promotion zones under running mate
system''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 21 of such title is
amended to read as follows:
``731. Establishment of promotion zones under running mate system.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to selection boards convened under
section 730 of title 14, United States Code, on or after the
date of the enactment of this Act.
SEC. 503. TIME FOR RELEASE OF REPORTS OF OFFICER PROMOTION SELECTION
BOARDS.
(a) Active-Duty List Officer Boards.--Section 618(e) of
title 10, United States Code, is amended to read as follows:
``(e)(1) The names of the officers recommended for
promotion in the report of a selection board shall be
disseminated to the armed force concerned as follows:
``(A) In the case of officers recommended for
promotion to a grade below brigadier general or rear
admiral (lower half), such names may be disseminated
upon, or at any time after, the transmittal of the
report to the President.
``(B) In the case of officers recommended for
promotion to a grade above colonel or, in the case of
the Navy, captain, such names may be disseminated upon,
or at any time after, the approval of the report by the
President.
``(C) In the case of officers whose names have not
been sooner disseminated, such names shall be promptly
disseminated upon confirmation by the Senate.
``(2) A list of names of officers disseminated under
paragraph (1) may not include--
``(A) any name removed by the President from the
report of the selection board containing that name, if
dissemination is under the authority of subparagraph
(B) of such paragraph; or
``(B) the name of any officer whose promotion the
Senate failed to confirm, if dissemination is under the
authority of subparagraph (C) of such paragraph.''.
(b) Reserve Active-Status List Officer Boards.--The text of
section 14112 of title 10, United States Code, is amended to
read as follows:
``(a) Time for Dissemination.--The names of the officers
recommended for promotion in the report of a selection board
shall be disseminated to the armed force concerned as follows:
``(1) In the case of officers recommended for
promotion to a grade below brigadier general or rear
admiral (lower half), such names may be disseminated
upon, or at any time after, the transmittal of the
report to the President.
``(2) In the case of officers recommended for
promotion to a grade above colonel or, in the case of
the Navy, captain, such names may be disseminated upon,
or at any time after, the approval of the report by the
President.
``(3) In the case of officers whose names have not
been sooner disseminated, such names shall be promptly
disseminated--
``(A) upon confirmation of the promotion of
the officers by the Senate (in the case of
promotions required to be submitted to the
Senate for confirmation); or
``(B) upon the approval of the report by
the President (in the case of promotions not
required to be submitted to the Senate for
confirmation).
``(b) Names Not Disseminated.--A list of names of officers
disseminated under subsection (a) may not include--
``(1) any name removed by the President from the
report of the selection board containing that name, if
dissemination is under the authority of paragraph (2)
or (3)(B) of that subsection; or
``(2) the name of any officer whose promotion the
Senate failed to confirm, if dissemination is under the
authority of paragraph (3)(A) of that subsection.''.
SEC. 504. CLARIFICATION OF REQUIREMENTS FOR COMPOSITION OF ACTIVE-DUTY
LIST SELECTION BOARDS WHEN RESERVE OFFICERS ARE
UNDER CONSIDERATION.
(a) Clarification.--Section 612(a) of title 10, United
States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``who are on the active-
duty list'' in the second sentence; and
(B) by inserting after the second sentence
the following new sentence: ``Each member of a
selection board (except as provided in
paragraphs (2), (3), and (4)) shall be an
officer on the active-duty list.''; and
(2) in paragraph (3)--
(A) by striking ``of that armed force, with
the exact number of reserve officers to be''
and inserting ``of that armed force on active
duty (whether or not on the active-duty list).
The actual number of reserve officers shall
be''; and
(B) by striking ``his discretion, except
that'' and inserting ``the Secretary's
discretion. Notwithstanding the first sentence
of this paragraph,''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to any selection board convened under section
611(a) of title 10, United States Code, on or after August 1,
1981.
SEC. 505. AUTHORITY TO ISSUE POSTHUMOUS COMMISSIONS IN THE CASE OF
MEMBERS DYING BEFORE OFFICIAL RECOMMENDATION FOR
APPOINTMENT OR PROMOTION IS APPROVED BY SECRETARY
CONCERNED.
(a) Repeal of Limitation to Deaths Occurring After
Secretarial Approval.--Subsection (a)(3) of section 1521 of
title 10, United States Code, is amended by striking ``and the
recommendation for whose appointment or promotion was approved
by the Secretary concerned''.
(b) Effective Date of Commission.--Subsection (b) of such
section is amended by striking ``approval'' both places it
appears and inserting ``official recommendation''.
SEC. 506. TECHNICAL CORRECTIONS RELATING TO RETIRED GRADE OF RESERVE
COMMISSIONED OFFICERS.
(a) Army.--Section 3961(a) of title 10, United States Code,
is amended by striking ``or for nonregular service under
chapter 1223 of this title''.
(b) Air Force.--Section 8961(a) of title 10, United States
Code, is amended by striking ``or for nonregular service under
chapter 1223 of this title''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall apply to Reserve commissioned officers who are
promoted to a higher grade as a result of selection for
promotion by a board convened under chapter 36 or 1403 of title
10, United States Code, or having been found qualified for
Federal recognition in a higher grade under chapter 3 of title
32, United States Code, after October 1, 1996.
SEC. 507. GRADE OF CHIEFS OF RESERVE COMPONENTS AND DIRECTORS OF
NATIONAL GUARD COMPONENTS.
(a) Chief of Army Reserve.--Subsections (b) and (c) of
section 3038 of title 10, United States Code, are amended to
read as follows:
``(b) Appointment.--(1) The President, by and with the
advice and consent of the Senate, shall appoint the Chief of
Army Reserve from general officers of the Army Reserve who have
had at least 10 years of commissioned service in the Army
Reserve.
``(2) The Secretary of Defense may not recommend an officer
to the President for appointment as Chief of Army Reserve
unless the officer--
``(A) is recommended by the Secretary of the Army;
and
``(B) is determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to
have significant joint duty experience.
``(3) An officer on active duty for service as the Chief of
Army Reserve shall be counted for purposes of the grade
limitations under sections 525 and 526 of this title.
``(4) Until October 1, 2003, the Secretary of Defense may
waive subparagraph (B) of paragraph (2) with respect to the
appointment of an officer as Chief of Army Reserve if the
Secretary of the Army requests the waiver and, in the judgment
of the Secretary of Defense--
``(A) the officer is qualified for service in the
position; and
``(B) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Chief of Army
Reserve is appointed for a period of four years, but may be
removed for cause at any time. An officer serving as Chief of
Army Reserve may be reappointed for one additional four-year
period.
``(2) The Chief of Army Reserve, while so serving, holds
the grade of lieutenant general.''.
(b) Chief of Naval Reserve.--Subsections (b) and (c) of
section 5143 of such title are amended to read as follows:
``(b) Appointment.--(1) The President, by and with the
advice and consent of the Senate, shall appoint the Chief of
Naval Reserve from flag officers of the Navy (as defined in
section 5001(1)) who have had at least 10 years of commissioned
service.
``(2) The Secretary of Defense may not recommend an officer
to the President for appointment as Chief of Naval Reserve
unless the officer--
``(A) is recommended by the Secretary of the Navy;
and
``(B) is determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to
have significant joint duty experience.
``(3) An officer on active duty for service as the Chief of
Naval Reserve shall be counted for purposes of the grade
limitations under sections 525 and 526 of this title.
``(4) Until October 1, 2003, the Secretary of Defense may
waive subparagraph (B) of paragraph (2) with respect to the
appointment of an officer as Chief of Naval Reserve if the
Secretary of the Navy requests the waiver and, in the judgment
of the Secretary of Defense--
``(A) the officer is qualified for service in the
position; and
``(B) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Chief of Naval
Reserve is appointed for a term determined by the Chief of
Naval Operations, normally four years, but may be removed for
cause at any time. An officer serving as Chief of Naval Reserve
may be reappointed for one additional term of up to four years.
``(2) The Chief of Naval Reserve, while so serving, holds
the grade of vice admiral.''.
(c) Commander, Marine Forces Reserve.--Subsections (b) and
(c) of section 5144 of such title are amended to read as
follows:
``(b) Appointment.--(1) The President, by and with the
advice and consent of the Senate, shall appoint the Commander,
Marine Forces Reserve, from general officers of the Marine
Corps (as defined in section 5001(2)) who have had at least 10
years of commissioned service.
``(2) The Secretary of Defense may not recommend an officer
to the President for appointment as Commander, Marine Forces
Reserve, unless the officer--
``(A) is recommended by the Secretary of the Navy;
and
``(B) is determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to
have significant joint duty experience.
``(3) An officer on active duty for service as the
Commander, Marine Forces Reserve, shall be counted for purposes
of the grade limitations under sections 525 and 526 of this
title.
``(4) Until October 1, 2003, the Secretary of Defense may
waive subparagraph (B) of paragraph (2) with respect to the
appointment of an officer as Commander, Marine Forces Reserve,
if the Secretary of the Navy requests the waiver and, in the
judgment of the Secretary of Defense--
``(A) the officer is qualified for service in the
position; and
``(B) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Commander,
Marine Forces Reserve, is appointed for a term determined by
the Commandant of the Marine Corps, normally four years, but
may be removed for cause at any time. An officer serving as
Commander, Marine Forces Reserve, may be reappointed for one
additional term of up to four years.
``(2) The Commander, Marine Forces Reserve, while so
serving, holds the grade of lieutenant general.''.
(d) Chief of Air Force Reserve.--Subsections (b) and (c) of
section 8038 of such title are amended to read as follows:
``(b) Appointment.--(1) The President, by and with the
advice and consent of the Senate, shall appoint the Chief of
Air Force Reserve from general officers of the Air Force
Reserve who have had at least 10 years of commissioned service
in the Air Force.
``(2) The Secretary of Defense may not recommend an officer
to the President for appointment as Chief of Air Force Reserve
unless the officer--
``(A) is recommended by the Secretary of the Air
Force; and
``(B) is determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to
have significant joint duty experience.
``(3) An officer on active duty for service as the Chief of
Air Force Reserve shall be counted for purposes of the grade
limitations under sections 525 and 526 of this title.
``(4) Until October 1, 2003, the Secretary of Defense may
waive subparagraph (B) of paragraph (2) with respect to the
appointment of an officer as Chief of Air Force Reserve if the
Secretary of the Air Force requests the waiver and, in the
judgment of the Secretary of Defense--
``(A) the officer is qualified for service in the
position; and
``(B) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Chief of Air
Force Reserve is appointed for a period of four years, but may
be removed for cause at any time. An officer serving as Chief
of Air Force Reserve may be reappointed for one additional
four-year period.
``(2) The Chief of Air Force Reserve, while so serving,
holds the grade of lieutenant general.''.
(e) Directors in the National Guard Bureau.--Section
10506(a) of such title is amended--
(1) in subparagraphs (A) and (B) of paragraph (1),
by striking ``while so serving shall hold the grade of
major general or, if appointed to that position in
accordance with section 12505(a)(2) of this title, the
grade of lieutenant general, and'' and inserting
``shall be appointed in accordance with paragraph (3),
shall hold the grade of lieutenant general while so
serving, and shall''; and
(2) by adding at the end the following new
paragraph:
``(3)(A) The President, by and with the advice and consent
of the Senate, shall appoint the Director, Army National Guard,
from general officers of the Army National Guard of the United
States and shall appoint the Director, Air National Guard, from
general officers of the Air National Guard of the United
States.
``(B) The Secretary of Defense may not recommend an officer
to the President for appointment as Director, Army National
Guard, or as Director, Air National Guard, unless the officer--
``(i) is recommended by the Secretary of the
military department concerned; and
``(ii) is determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to
have significant joint duty experience.
``(C) An officer on active duty for service as the
Director, Army National Guard, or the Director, Air National
Guard, shall be counted for purposes of the grade limitations
under sections 525 and 526 of this title.
``(D) Until October 1, 2003, the Secretary of Defense may
waive clause (ii) of subparagraph (B) with respect to the
appointment of an officer as Director, Army National Guard, or
as Director, Air National Guard, if the Secretary of the
military department concerned requests the waiver and, in the
judgment of the Secretary of Defense--
``(i) the officer is qualified for service in the
position; and
``(ii) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.
``(E) The Director, Army National Guard, and the Director,
Air National Guard, are appointed for a period of four years,
but may be removed for cause at any time. An officer serving as
either Director may be reappointed for one additional four-year
period.''.
(f) Repeal of Superseded Section.--(1) Section 12505 of
such title is repealed.
(2) The table of sections at the beginning of chapter 1213
is amended by striking the item relating to section 12505.
(g) Conforming Increase in Authorized Number of O-9
Positions.--Section 525(b) of such title is amended--
(1) in paragraph (1)--
(A) by striking ``Army, Air Force, or
Marine Corps'' in the first sentence and
inserting ``Army or Air Force'';
(B) by striking ``15 percent'' both places
it appears and inserting ``15.7 percent'';
(C) by striking ``In the case of the Army
and Air Force, of'' at the beginning of the
second sentence and inserting ``Of''; and
(D) by inserting ``of the Army or Air
Force'' in the second sentence after ``general
officers''; and
(2) in paragraph (2)--
(A) by inserting ``(A)'' after ``(2)'';
(B) by striking ``15 percent'' both places
it appears and inserting ``15.7 percent''; and
(C) by adding at the end the following:
``(B) No appointment may be made in a grade above major
general in the Marine Corps if that appointment would result in
more than 16.2 percent of the general officers of the Marine
Corps on active duty being in grades above major general.''.
(h) Study of Increase in Grade for Vice Chief of National
Guard Bureau.--(1) The Secretary of Defense shall conduct a
study of the advisability of changing the grade authorized for
the Vice Chief of the National Guard Bureau from major general
to lieutenant general.
(2) As part of the study, the Chief of the National Guard
Bureau shall submit to the Secretary of Defense an analysis of
the functions and responsibilities of the Vice Chief of the
National Guard Bureau and the Chief's recommendation as to
whether the grade for the Vice Chief should be changed from
major general to lieutenant general.
(3) Not later than February 1, 2001, the Secretary shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the study. The report
shall include the following--
(A) the recommendation of the Chief of the National
Guard Bureau and any other information provided by the
Chief to the Secretary of Defense pursuant to paragraph
(2);
(B) the conclusions resulting from the study; and
(C) the Secretary's recommendations regarding
whether the grade authorized for the Vice Chief of the
National Guard Bureau should be changed to lieutenant
general.
(i) Implementation.--(1) An appointment or reappointment,
in the case of the incumbent in a reserve component chief
position, shall be made to each of the reserve component chief
positions not later than 12 months after the date of the
enactment of this Act, in accordance with the amendments made
by subsections (a) through (e).
(2) An officer serving in a reserve component chief
position on the date of the enactment of this Act may be
reappointed to that position under the amendments made by
subsection (a) through (e), if eligible and otherwise qualified
in accordance with those amendments. If such an officer is so
reappointed, the appointment may be made for the remainder of
the officer's original term or for a full new term, as
specified at the time of the appointment.
(3) An officer serving on the date of the enactment of this
Act in a reserve component chief position may continue to serve
in that position in accordance with the provisions of law in
effect immediately before the amendments made by this section
until a successor is appointed under paragraph (1) (or that
officer is reappointed under paragraph (1)).
(4) The amendments made by subsection (g) shall be
implemented so that each increase authorized by those
amendments in the number of officers in the grades of
lieutenant general and vice admiral is implemented on a case-
by-case basis with an initial appointment made after the date
of the enactment of this Act, as specified in paragraph (1), to
a reserve component chief position.
(5) For purposes of this subsection, the term ``reserve
component chief position'' means a position specified in
section 3038, 5143, 5144, or 8038 of title 10, United States
Code, or the position of Director, Army National Guard or
Director, Air National Guard under section 10506(a)(1) of such
title.
SEC. 508. REVISION TO RULES FOR ENTITLEMENT TO SEPARATION PAY FOR
REGULAR AND RESERVE OFFICERS.
(a) Regular Officers.--Subsection (a) of section 1174 of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(4) Notwithstanding paragraphs (1) and (2), an officer
who is subject to discharge under any provision of chapter 36
of this title or under section 580 or 6383 of this title by
reason of having twice failed of selection for promotion to the
next higher grade is not entitled to separation pay under this
section if that officer, after such second failure of selection
for promotion, is selected for, and declines, continuation on
active duty for a period that is equal to or more than the
amount of service required to qualify the officer for
retirement.''.
(b) Reserve Officers.--Subsection (c) of such section is
amended by adding at the end the following new paragraph:
``(4) In the case of an officer who is subject to discharge
or release from active duty under a law or regulation requiring
that an officer who has failed of selection for promotion to
the next higher grade for the second time be discharged or
released from active duty and who, after such second failure of
selection for promotion, is selected for, and declines,
continuation on active duty--
``(A) if the period of time for which the officer
was selected for continuation on active duty is less
than the amount of service that would be required to
qualify the officer for retirement, the officer's
discharge or release from active duty shall be
considered to be involuntary for purposes of paragraph
(1)(A); and
``(B) if the period of time for which the officer
was selected for continuation on active duty is equal
to or more than the amount of service that would be
required to qualify the officer for retirement, the
officer's discharge or release from active duty shall
not be considered to be involuntary for the purposes of
paragraph (1)(A).''.
(c) Effective Date.--Paragraph (4) of section 1174(a) of
title 10, United States Code, as added by subsection (a), and
paragraph (4) of section 1174(c) of such title, as added by
subsection (b), shall apply with respect to any offer of
selective continuation on active duty that is declined on or
after the date of the enactment of this Act.
Subtitle B--Reserve Component Personnel Policy
SEC. 521. EXEMPTION FROM ACTIVE-DUTY LIST FOR RESERVE OFFICERS ON
ACTIVE DUTY FOR A PERIOD OF THREE YEARS OR LESS.
Section 641(1) of title 10, United States Code, is
amended--
(1) by redesignating subparagraphs (D) through (G)
as subparagraphs (E) through (H), respectively; and
(2) by inserting after subparagraph (C) the
following new subparagraph:
``(D) on the reserve active-status list who
are on active duty under section 12301(d) of
this title, other than as provided in
subparagraph (C), under a call or order to
active duty specifying a period of three years
or less;''.
SEC. 522. TERMINATION OF APPLICATION REQUIREMENT FOR CONSIDERATION OF
OFFICERS FOR CONTINUATION ON THE RESERVE ACTIVE-
STATUS LIST.
Section 14701(a)(1) of title 10, United States Code, is
amended by striking ``Upon application, a reserve officer'' and
inserting ``A reserve officer''.
SEC. 523. AUTHORITY TO RETAIN AIR FORCE RESERVE OFFICERS IN ALL MEDICAL
SPECIALTIES UNTIL SPECIFIED AGE.
Section 14703(a)(3) of title 10, United States Code, is
amended by striking ``veterinary officer'' and all that follows
through the period and inserting ``Air Force nurse, Medical
Service Corps officer, biomedical sciences officer, or
chaplain.''.
SEC. 524. AUTHORITY FOR PROVISION OF LEGAL SERVICES TO RESERVE
COMPONENT MEMBERS FOLLOWING RELEASE FROM ACTIVE
DUTY.
(a) Legal Services.--Section 1044(a) of title 10, United
States Code, is amended--
(1) by redesignating paragraph (4) as paragraph
(5); and
(2) by inserting after paragraph (3) the following
new paragraph (4):
``(4) Members of reserve components not covered by
paragraph (1) or (2) following release from active duty
under a call or order to active duty for more than 30
days issued under a mobilization authority (as
determined by the Secretary of Defense), for a period
of time, prescribed by the Secretary of Defense, that
begins on the date of the release and is not less than
twice the length of the period served on active duty
under that call or order to active duty.''.
(b) Dependents.--Paragraph (5) of such section, as
redesignated by subsection (a)(1), is amended by striking ``and
(3)'' and inserting ``(3), and (4)''.
(c) Implementing Regulations.--Regulations to implement the
amendments made by this section shall be prescribed not later
than 180 days after the date of the enactment of this Act.
SEC. 525. EXTENSION OF INVOLUNTARY CIVIL SERVICE RETIREMENT DATE FOR
CERTAIN RESERVE TECHNICIANS.
(a) Mandatory Retirement Not Applicable Until Age 60.--
Section 10218 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``and is age 60 or older
at that time'' after ``unreduced annuity'' in
paragraph (2);
(B) by inserting ``or is under age 60 at
that time'' after ``unreduced annuity'' in
paragraph (3)(A); and
(C) by inserting ``and becoming 60 years of
age'' after ``unreduced annuity'' in paragraph
(3)(B)(ii)(I); and
(2) in subsection (b)--
(A) by inserting ``and is age 60 or older''
after ``unreduced annuity'' in paragraph (1);
(B) by inserting ``or is under age 60''
after ``unreduced annuity'' in paragraph
(2)(A); and
(C) by inserting ``and becoming 60 years of
age'' after ``unreduced annuity'' in paragraph
(2)(B)(ii)(I).
(b) Transition Provision.--(1) An individual who before the
date of the enactment of this Act was involuntarily separated
or retired from employment as an Army Reserve or Air Force
Reserve technician under section 10218 of title 10, United
States Code, and who would not have been so separated if the
provisions of subsection (c) of that section, as amended by
subsection (a), had been in effect at the time of such
separation may, with the approval of the Secretary concerned,
be reinstated to the technician status held by that individual
immediately before that separation. The effective date of any
such reinstatement is the date the employee resumes technician
status.
(2) The authority under paragraph (1) applies only to
reinstatement for which an application is received by the
Secretary concerned before the end of the one-year period
beginning on the date of the enactment of this Act.
Subtitle C--Education and Training
SEC. 531. ELIGIBILITY OF CHILDREN OF RESERVES FOR PRESIDENTIAL
APPOINTMENT TO SERVICE ACADEMIES.
(a) United States Military Academy.--Section 4342(b)(1) of
title 10, United States Code, is amended--
(1) in subparagraph (B), by striking ``, other than
those granted retired pay under section 12731 of this
title (or under section 1331 of this title as in effect
before the effective date of the Reserve Officer
Personnel Management Act)''; and
(2) by inserting after subparagraph (B) the
following:
``(C) are serving as members of reserve
components and are credited with at least eight
years of service computed under section 12733
of this title; or
``(D) would be, or who died while they
would have been, entitled to retired pay under
chapter 1223 of this title except for not
having attained 60 years of age;''.
(b) United States Naval Academy.--Section 6954(b)(1) of
such title is amended--
(1) in subparagraph (B), by striking ``, other than
those granted retired pay under section 12731 of this
title (or under section 1331 of this title as in effect
before the effective date of the Reserve Officer
Personnel Management Act)''; and
(2) by inserting after subparagraph (B) the
following:
``(C) are serving as members of reserve
components and are credited with at least eight
years of service computed under section 12733
of this title; or
``(D) would be, or who died while they
would have been, entitled to retired pay under
chapter 1223 of this title except for not
having attained 60 years of age;''.
(c) United States Air Force Academy.--Section 9342(b)(1) of
such title is amended--
(1) in subparagraph (B), by striking ``, other than
those granted retired pay under section 12731 of this
title (or under section 1331 of this title as in effect
before the effective date of the Reserve Officer
Personnel Management Act)''; and
(2) by inserting after subparagraph (B) the
following:
``(C) are serving as members of reserve
components and are credited with at least eight
years of service computed under section 12733
of this title; or
``(D) would be, or who died while they
would have been, entitled to retired pay under
chapter 1223 of this title except for not
having attained 60 years of age;''.
SEC. 532. SELECTION OF FOREIGN STUDENTS TO RECEIVE INSTRUCTION AT
SERVICE ACADEMIES.
(a) United States Military Academy.--Section 4344(a) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(3) In selecting persons to receive instruction under
this section from among applicants from the countries approved
under paragraph (2), the Secretary of the Army shall give a
priority to persons who have a national service obligation to
their countries upon graduation from the Academy.''.
(b) United States Naval Academy.--Section 6957(a) of such
title is amended by adding at the end the following new
paragraph:
``(3) In selecting persons to receive instruction under
this section from among applicants from the countries approved
under paragraph (2), the Secretary of the Navy shall give a
priority to persons who have a national service obligation to
their countries upon graduation from the Academy.''.
(c) United States Air Force Academy.--Section 9344(a) of
such title is amended by adding at the end the following new
paragraph:
``(3) In selecting persons to receive instruction under
this section from among applicants from the countries approved
under paragraph (2), the Secretary of the Air Force shall give
a priority to persons who have a national service obligation to
their countries upon graduation from the Academy.''.
(d) Applicability.--The amendments made by this section
shall apply with respect to academic years that begin after
October 1, 2000.
SEC. 533. REVISION OF COLLEGE TUITION ASSISTANCE PROGRAM FOR MEMBERS OF
MARINE CORPS PLATOON LEADERS CLASS PROGRAM.
(a) Eligibility of Officers.--Section 16401 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking ``enlisted'' in
the matter preceding paragraph (1); and
(2) in subsection (b)(1)--
(A) by striking ``an enlisted member'' in
the matter preceding subparagraph (A) and
inserting ``a member''; and
(B) by striking ``an officer candidate in''
in subparagraph (A) and inserting ``a member
of''.
(b) Repeal of Age Limitations.--Subsection (b) of such
section is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (B);
(B) by redesignating subparagraphs (C) and
(D) as subparagraphs (B) and (C), respectively;
and
(C) in subparagraph (C), as so
redesignated, by striking ``paragraph (3)'' and
inserting ``paragraph (2)'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph
(2); and
(4) in paragraph (2), as so redesignated, by
striking ``paragraph (1)(D)'' and inserting ``paragraph
(1)(C)''.
(c) Candidates for Law Degrees.--Subsection (a)(2) of such
section is amended by striking ``three'' and inserting
``four''.
(d) Sanctions; Exceptions.--Subsection (f) of such section
is amended--
(1) in paragraph (1)--
(A) by striking ``A member who'' and
inserting ``An enlisted member who'';
(B) by inserting ``and an officer who
receives financial assistance under this
section may be required to repay the full
amount of financial assistance,'' after ``for
more than four years,''; and
(C) by inserting ``or, if already a
commissioned officer in the Marine Corps,
refuses to accept an assignment on active duty
when offered'' in subparagraph (A) after ``when
offered''; and
(2) by striking paragraph (2) and inserting the
following:
``(2) The Secretary of the Navy may waive the requirements
of paragraph (1) in the case of a person who--
``(A) becomes unqualified to serve on active duty
as an officer due to a circumstance not within the
control of the person;
``(B) is not physically qualified for appointment
under section 532 of this title and later is determined
by the Secretary of the Navy under section 505 of this
title to be unqualified for service as an enlisted
member of the Marine Corps due to a physical or medical
condition that was not the result of misconduct or
grossly negligent conduct; or
``(C) fails to complete the military or academic
requirements of the Marine Corps Platoon Leaders Class
program due to a circumstance not within the control of
the person.''.
(e) Clarification of Service Excluded in Computation of
Creditable Service as a Marine Corps Officer.--(1) Section
205(f) of title 37, United States Code, is amended by striking
``that the officer performed concurrently as a member'' and
inserting ``that the officer performed concurrently as an
enlisted member''.
(2) Such section is further amended by striking ``section
12209'' and inserting ``section 12203''.
(f) Amendments of Headings.--(1) The heading of section
16401 of title 10, United States Code, is amended to read as
follows:
``Sec. 16401. Marine Corps Platoon Leaders Class: college tuition
assistance program''.
(2) The heading for subsection (a) of such section is
amended by striking ``for Financial Assistance Program''.
(g) Clerical Amendment.--The item relating to such section
in the table of chapters at the beginning of chapter 1611 of
title 10, United States Code, is amended to read as follows:
``16401. Marine Corps Platoon Leaders Class: college tuition assistance
program.''.
SEC. 534. REVIEW OF ALLOCATION OF JUNIOR RESERVE OFFICERS TRAINING
CORPS UNITS AMONG THE SERVICES.
(a) Reallocation of JROTC Units.--Not later than March 31,
2001, the Secretary of Defense shall--
(1) review the allocation among the military
departments of the statutory maximum number of Junior
Reserve Officers' Training Corps (JROTC) units; and
(2) redistribute the allocation of those units
planned (as of the date of the enactment of this Act)
for fiscal years 2001 through 2006 so as to increase
the number of units for a military department that
proposes to more quickly eliminate the current waiting
list for such units and to commit the necessary
resources for that purpose.
(b) Proposal for Increase in Statutory Maximum.--If, based
on the review under subsection (a) and the redistribution of
the allocation of JROTC units under that subsection, the
Secretary determines that an increase in the statutory maximum
number of such units is warranted, the Secretary shall include
a proposal for such an increase in the budget proposal of the
Department of Defense for fiscal year 2002.
SEC. 535. AUTHORITY FOR NAVAL POSTGRADUATE SCHOOL TO ENROLL CERTAIN
DEFENSE INDUSTRY CIVILIANS IN SPECIFIED PROGRAMS
RELATING TO DEFENSE PRODUCT DEVELOPMENT.
(a) In General.--(1) Chapter 605 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7049. Defense industry civilians: admission to defense product
development program
``(a) Authority for Admission.--The Secretary of the Navy
may permit eligible defense industry employees to receive
instruction at the Naval Postgraduate School in accordance with
this section. Any such defense industry employee may only be
enrolled in, and may only be provided instruction in, a program
leading to a masters's degree in a curriculum related to
defense product development. No more than 10 such defense
industry employees may be enrolled at any one time. Upon
successful completion of the course of instruction in which
enrolled, any such defense industry employee may be awarded an
appropriate degree under section 7048 of this title.
``(b) Eligible Defense Industry Employees.--For purposes of
this section, an eligible defense industry employee is an
individual employed by a private firm that is engaged in
providing to the Department of Defense significant and
substantial defense-related systems, products, or services. A
defense industry employee admitted for instruction at the
school remains eligible for such instruction only so long at
that person remains employed by the same firm.
``(c) Annual Certification by the Secretary of the Navy.--
Defense industry employees may receive instruction at the
school during any academic year only if, before the start of
that academic year, the Secretary of the Navy determines, and
certifies to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives, that providing instruction to defense industry
employees under this section during that year--
``(1) will further the military mission of the
school;
``(2) will enhance the ability of the Department of
Defense and defense-oriented private sector contractors
engaged in the design and development of defense
systems to reduce the product and project lead times
required to bring such systems to initial operational
capability; and
``(3) will be done on a space-available basis and
not require an increase in the size of the faculty of
the school, an increase in the course offerings of the
school, or an increase in the laboratory facilities or
other infrastructure of the school.
``(d) Program Requirements.--The Secretary of the Navy
shall ensure that--
``(1) the curriculum for the defense product
development program in which defense industry employees
may be enrolled under this section is not readily
available through other schools and concentrates on
defense product development functions that are
conducted by military organizations and defense
contractors working in close cooperation; and
``(2) the course offerings at the school continue
to be determined solely by the needs of the Department
of Defense.
``(e) Tuition.--The Superintendent of the school shall
charge tuition for students enrolled under this section at a
rate not less than the rate charged for employees of the United
States outside the Department of the Navy.
``(f) Standards of Conduct.--While receiving instruction at
the school, students enrolled under this section, to the extent
practicable, are subject to the same regulations governing
academic performance, attendance, norms of behavior, and
enrollment as apply to Government civilian employees receiving
instruction at the school.
``(g) Use of Funds.--Amounts received by the school for
instruction of students enrolled under this section shall be
retained by the school to defray the costs of such instruction.
The source, and the disposition, of such funds shall be
specifically identified in records of the school.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``7049. Defense industry civilians: admission to defense product
development program.''.
(b) Program Evaluation and Report.--(1) Before the start of
the fourth year of instruction, but no earlier than the start
of the third year of instruction, of defense industry employees
at the Naval Postgraduate School under section 7049 of title
10, United States Code, as added by subsection (a), the
Secretary of the Navy shall conduct an evaluation of the
admission of such students under that section. The evaluation
shall include the following:
(A) An assessment of whether the authority for
instruction of nongovernment civilians at the school
has resulted in a discernible benefit for the
Government.
(B) Determination of whether the receipt and
disposition of funds received by the school as tuition
for instruction of such civilians at the school have
been properly identified in records of the school.
(C) A summary of the disposition and uses made of
those funds.
(D) An assessment of whether instruction of such
civilians at the school is in the best interests of the
Government.
(2) Not later than 30 days after completing the evaluation
referred to in paragraph (1), the Secretary of the Navy shall
submit to the Secretary of Defense a report on the program
under such section. The report shall include--
(A) the results of the evaluation under paragraph
(1);
(B) the Secretary's conclusions and recommendation
with respect to continuing to allow nongovernment
civilians to receive instruction at the Naval
Postgraduate School as part of a program related to
defense product development; and
(C) any proposals for legislative changes
recommended by the Secretary.
(3) Not later than 60 days after receiving the report of
the Secretary of the Navy under paragraph (2), the Secretary of
Defense shall submit the report, together with any comments
that the Secretary considers appropriate, to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives.
Subtitle D--Decorations, Awards, and Commendations
SEC. 541. LIMITATION ON AWARD OF BRONZE STAR TO MEMBERS IN RECEIPT OF
IMMINENT DANGER PAY.
(a) In General.--Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1133. Bronze Star: limitation to members receiving imminent
danger pay
``The decoration known as the `Bronze Star' may only be
awarded to a member of the armed forces who is in receipt of
special pay under section 310 of title 37 at the time of the
events for which the decoration is to be awarded or who
receives such pay as a result of those events.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1133. Bronze star: limitation to members receiving imminent danger
pay.''.
SEC. 542. CONSIDERATION OF PROPOSALS FOR POSTHUMOUS OR HONORARY
PROMOTIONS OR APPOINTMENTS OF MEMBERS OR FORMER
MEMBERS OF THE ARMED FORCES AND OTHER QUALIFIED
PERSONS.
(a) In General.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1563. Consideration of proposals for posthumous and honorary
promotions and appointments: procedures for review
and recommendation
``(a) Review by Secretary Concerned.--Upon request of a
Member of Congress, the Secretary concerned shall review a
proposal for the posthumous or honorary promotion or
appointment of a member or former member of the armed forces,
or any other person considered qualified, that is not otherwise
authorized by law. Based upon such review, the Secretary shall
make a determination as to the merits of approving the
posthumous or honorary promotion or appointment and the other
determinations necessary to comply with subsection (b).
``(b) Notice of Results of Review.--Upon making a
determination under subsection (a) as to the merits of
approving the posthumous or honorary promotion or appointment,
the Secretary concerned shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives and to the requesting Member of
Congress notice in writing of one of the following:
``(1) The posthumous or honorary promotion or
appointment does not warrant approval on the merits.
``(2) The posthumous or honorary promotion or
appointment warrants approval and authorization by law
for the promotion or appointment is recommended.
``(3) The posthumous or honorary promotion or
appointment warrants approval on the merits and has
been recommended to the President as an exception to
policy.
``(4) The posthumous or honorary promotion or
appointment warrants approval on the merits and
authorization by law for the promotion or appointment
is required but is not recommended.
A notice under paragraph (1) or (4) shall be accompanied by a
statement of the reasons for the decision of the Secretary.
``(c) Definition.--In this section, the term `Member of
Congress' means--
``(1) a Senator; or
``(2) a Representative in, or a Delegate or
Resident Commissioner to, Congress.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1563. Consideration of proposals for posthumous and honorary
promotions and appointments: procedures for review and
recommendation.''.
SEC. 543. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS
TO CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy
for the time within which a recommendation for the award of a
military decoration or award must be submitted shall not apply
to awards of decorations described in this section, the award
of each such decoration having been determined by the Secretary
concerned to be warranted in accordance with section 1130 of
title 10, United States Code.
(b) Silver Star.--Subsection (a) applies to the award of
the Silver Star to Louis Rickler, of Rochester, New York, for
gallantry in action from August 18 to November 18, 1918, while
serving as a member of the Army.
(c) Distinguished Flying Cross.--Subsection (a) applies to
the award of the Distinguished Flying Cross for service during
World War II or Korea (including multiple awards to the same
individual) in the case of each individual concerning whom the
Secretary of the Navy (or an officer of the Navy acting on
behalf of the Secretary) submitted to the Committee on Armed
Services of the House of Representatives and the Committee on
Armed Services of the Senate, during the period beginning on
October 5, 1999, and ending on the day before the date of the
enactment of this Act, a notice as provided in section 1130(b)
of title 10, United States Code, that the award of the
Distinguished Flying Cross to that individual is warranted and
that a waiver of time restrictions prescribed by law for
recommendation for such award is recommended.
SEC. 544. ADDITION OF CERTAIN INFORMATION TO MARKERS ON GRAVES
CONTAINING REMAINS OF CERTAIN UNKNOWNS FROM THE
U.S.S. ARIZONA WHO DIED IN THE JAPANESE ATTACK ON
PEARL HARBOR ON DECEMBER 7, 1941.
(a) Information To Be Provided Secretary of Veterans
Affairs.--The Secretary of the Army shall provide to the
Secretary of Veterans Affairs certain information, as specified
in subsection (b), pertaining to the remains of certain unknown
persons that are interred in the National Memorial Cemetery of
the Pacific, Honolulu, Hawaii. The Secretary of Veterans
Affairs shall add to the inscriptions on the markers on the
graves containing those remains the information provided.
(b) Information To Be Added--The information to be added to
grave markers under subsection (a)--
(1) shall be determined by the Secretary of the
Army, based on a review of the information that, as of
the date of the enactment of this Act, has been
authenticated by the director of the Naval Historical
Center, Washington, D.C., pertaining to the interment
of remains of certain unknown casualties from the
U.S.S. Arizona who died as a result of the Japanese
attack on Pearl Harbor on December 7, 1941; and
(2) shall, at a minimum, indicate that the interred
remains are from the U.S.S. Arizona.
(c) Limitation of Scope of Section.--This section does not
impose any requirement on the Secretary of the Army to
undertake a review of any information pertaining to the
interred remains of any unknown person other than as provided
in subsection (b).
SEC. 545. SENSE OF CONGRESS ON THE COURT-MARTIAL CONVICTION OF CAPTAIN
CHARLES BUTLER MCVAY, COMMANDER OF THE U.S.S.
INDIANAPOLIS, AND ON THE COURAGEOUS SERVICE OF THE
CREW OF THAT VESSEL.
(a) Findings.--Congress makes the following findings:
(1) Shortly after midnight on the morning of July
30, 1945, during the closing days of World War II, the
United States Navy heavy cruiser U.S.S. Indianapolis
(CA-35) was torpedoed and sunk by the Japanese
submarine I-58 in what became the worst sea disaster in
the history of the United States Navy.
(2) Although approximately 900 of the ship's crew
of 1,196 survived the actual sinking, only 316 of those
courageous sailors survived when rescued after four and
a half days adrift in the open sea, the remainder
having perishing from battle wounds, drowning,
predatory shark attacks, exposure to the elements, and
lack of food and potable water.
(3) Rescue for the remaining 316 sailors came only
when they were spotted by chance by Navy Lieutenant
Wilbur C. Gwinn while flying a routine naval air patrol
mission.
(4) After the end of World War II, the commanding
officer of the U.S.S. Indianapolis, Captain Charles
Butler McVay, III, who was rescued with the other
survivors, was court-martialed for ``suffering a vessel
to be hazarded through negligence'' by failing to
zigzag (a naval tactic employed to help evade submarine
attacks) and was convicted even though--
(A) the choice to zigzag was left to
Captain McVay's discretion in his orders; and
(B) Motchisura Hashimoto, the commander of
the Japanese submarine that sank the U.S.S.
Indianapolis, and Glynn R. Donaho, a United
States Navy submarine commander highly
decorated for his service during World War II,
both testified at Captain McVay's court-martial
trial that the Japanese submarine could have
sunk the U.S.S. Indianapolis whether or not it
had been zigzagging, an assertion that has
since been reaffirmed in a letter to the
Chairman of the Committee on Armed Services of
the Senate dated November 24, 1999.
(5) Although not argued by Captain McVay's defense
counsel in the court-martial trial, poor visibility on
the night of the sinking (as attested in surviving crew
members' handwritten accounts recently discovered at
the National Archives) justified Captain McVay's choice
not to zigzag as that choice was consistent with the
applicable Navy directives in force in 1945, which
stated that, ``During thick weather and at night,
except on very clear nights or during bright moonlight,
vessels normally cease zig-zagging.''.
(6) Before the U.S.S. Indianapolis sailed from Guam
on what became her final voyage, Naval officials failed
to provide Captain McVay with available support that
was critical to the safety of the U.S.S. Indianapolis
and her crew by--
(A) disapproving a request made by Captain
McVay for a destroyer escort for the U.S.S.
Indianapolis across the Philippine Sea as being
``not necessary'';
(B) not informing Captain McVay that naval
intelligence sources, through signal
intelligence (the Japanese code having been
broken earlier in World War II), had become
aware that the Japanese submarine I-58 was
operating in the area of the U.S.S.
Indianapolis' course (as disclosed in evidence
presented in a hearing of the Committee on
Armed Services of the Senate conducted
September 14, 1999); and
(C) not informing Captain McVay of the
sinking of the destroyer escort U.S.S.
Underhill by a Japanese submarine within range
of the course of the U.S.S. Indianapolis four
days before the U.S.S. Indianapolis departed
Guam for the Philippine Islands.
(7) Captain McVay's court-martial initially was
opposed by his immediate command superiors, Fleet
Admiral Chester Nimitz (CINCPAC) and Vice Admiral
Raymond Spruance of the 5th fleet, for whom the U.S.S.
Indianapolis had served as flagship, but, despite their
recommendations, Secretary of the Navy James Forrestal
ordered the court-martial, largely on the basis of the
recommendation of Fleet Admiral Ernest King, Chief of
Naval Operations.
(8) There is no explanation on the public record
for the overruling by Secretary Forrestal of the
recommendations made by Admirals Nimitz and Spruance.
(9) Captain McVay was the only commander of a
United States Navy vessel lost in combat to enemy
action during World War II who was subjected to a
court-martial trial for such a loss, even though
several hundred United States Navy ships were lost in
combat to enemy action during World War II.
(10) The survivors of the U.S.S. Indianapolis
overwhelmingly conclude that Captain McVay was not at
fault in the loss of the Indianapolis and have
dedicated their lives to vindicating their Captain
McVay.
(11) Although promoted to the grade of rear admiral
in accordance with then-applicable law upon retirement
from the Navy in 1949, Captain McVay never recovered
from the stigma of his post-war court-martial and in
1968, tragically, took his own life.
(12) Charles Butler McVay, III--
(A) was a graduate of the United States
Naval Academy;
(B) was an exemplary career naval officer
with an outstanding record (including
participation in the amphibious invasions of
North Africa, the assault on Iwo Jima, and the
assault on Okinawa where the U.S.S.
Indianapolis under his command survived a
fierce kamikaze attack);
(C) was a recipient of the Silver Star
earned for courage under fire during the
Solomon Islands campaign; and
(D) with the crew of the U.S.S.
Indianapolis, had so thoroughly demonstrated
proficiency in naval warfare that the Navy
entrusted him and the crew of the U.S.S.
Indianapolis with transporting to the Pacific
theater components necessary for assembling the
atomic bombs that were exploded over Hiroshima
and Nagasaki to end the war with Japan
(delivery of such components to the island of
Tinian having been accomplished on July 25,
1945).
(b) Sense of Congress Concerning Charles Butler McVay,
III.--With respect to the sinking of the U.S.S. Indianapolis
(CA-35) on July 30, 1945, and the subsequent court-martial
conviction of the ship's commanding officer, Captain Charles
Butler McVay, III, arising from that sinking, it is the sense
of Congress, based on the review of evidence by the Senate and
the House of Representatives--
(1) that, in light of the remission by the
Secretary of the Navy of the sentence of the court-
martial and the restoration of Captain McVay to active
duty by the Chief of Naval Operations, Fleet Admiral
Chester Nimitz, the American people should now
recognize Captain McVay's lack of culpability for the
tragic loss of the U.S.S. Indianapolis and the lives of
the men who died as a result of the sinking of that
vessel; and
(2) that, in light of the fact that certain
exculpatory information was not available to the court-
martial board and that Captain McVay's conviction
resulted therefrom, Captain McVay's military record
should now reflect that he is exonerated for the loss
of the U.S.S. Indianapolis and so many of her crew.
(c) Unit Citation for Final Crew of U.S.S. Indianapolis.--
The Secretary of the Navy should award a Navy Unit Commendation
to the U.S.S. Indianapolis (CA-35) and her final crew.
SEC. 546. POSTHUMOUS ADVANCEMENT ON RETIRED LIST OF REAR ADMIRAL
HUSBAND E. KIMMEL AND MAJOR GENERAL WALTER C.
SHORT, SENIOR OFFICERS IN COMMAND IN HAWAII ON
DECEMBER 7, 1941.
(a) Findings.--Congress makes the following findings:
(1) The late Rear Admiral Husband E. Kimmel, while
serving in the temporary grade of admiral, was the
Commander in Chief of the United States Fleet and the
Commander in Chief, United States Pacific Fleet, at the
time of the Japanese attack on Pearl Harbor, Hawaii, on
December 7, 1941, with an excellent and unassailable
record throughout his career in the United States Navy
before that date.
(2) The late Major General Walter C. Short, while
serving in the temporary grade of lieutenant general,
was the Commander of the United States Army Hawaiian
Department, at the time of the Japanese attack on Pearl
Harbor, Hawaii, on December 7, 1941, with an excellent
and unassailable record throughout his career in the
United States Army before that date.
(3) Numerous investigations following the attack on
Pearl Harbor have documented that Admiral Kimmel and
Lieutenant General Short were not provided necessary
and critical intelligence that was available, that
foretold of war with Japan, that warned of imminent
attack, and that would have alerted them to prepare for
the attack, including such essential communiques as the
Japanese Pearl Harbor Bomb Plot message of September
24, 1941, and the message sent from the Imperial
Japanese Foreign Ministry to the Japanese Ambassador in
the United States from December 6 to 7, 1941, known as
the Fourteen-Part Message.
(4) On December 16, 1941, Admiral Kimmel and
Lieutenant General Short were relieved of their
commands and returned to their permanent grades of rear
admiral and major general, respectively.
(5) Admiral William Harrison Standley, who served
as a member of the investigating commission known as
the Roberts Commission that accused Admiral Kimmel and
Lieutenant General Short of ``dereliction of duty''
only six weeks after the attack on Pearl Harbor, later
disavowed the report, maintaining that ``these two
officers were martyred'' and ``if they had been brought
to trial, both would have been cleared of the charge''.
(6) On October 19, 1944, a Naval Court of Inquiry--
(A) exonerated Admiral Kimmel on the
grounds that his military decisions and the
disposition of his forces at the time of the
December 7, 1941, attack on Pearl Harbor were
proper ``by virtue of the information that
Admiral Kimmel had at hand which indicated
neither the probability nor the imminence of an
air attack on Pearl Harbor'';
(B) criticized the higher command for not
sharing with Admiral Kimmel ``during the very
critical period of November 26 to December 7,
1941, important information . . . regarding the
Japanese situation''; and
(C) concluded that the Japanese attack and
its outcome was attributable to no serious
fault on the part of anyone in the naval
service.
(7) On June 15, 1944, an investigation conducted by
Admiral T. C. Hart at the direction of the Secretary of
the Navy produced evidence, subsequently confirmed,
that essential intelligence concerning Japanese
intentions and war plans was available in Washington
but was not shared with Admiral Kimmel.
(8) On October 20, 1944, the Army Pearl Harbor
Board of Investigation determined that--
(A) Lieutenant General Short had not been
kept ``fully advised of the growing tenseness
of the Japanese situation which indicated an
increasing necessity for better preparation for
war'';
(B) detailed information and intelligence
about Japanese intentions and war plans were
available in ``abundance'' but were not shared
with Lieutenant General Short's Hawaii command;
and
(C) Lieutenant General Short was not
provided ``on the evening of December 6th and
the early morning of December 7th, the critical
information indicating an almost immediate
break with Japan, though there was ample time
to have accomplished this''.
(9) The reports by both the Naval Court of Inquiry
and the Army Pearl Harbor Board of Investigation were
kept secret, and Rear Admiral Kimmel and Major General
Short were denied their requests to defend themselves
through trial by court-martial.
(10) The joint committee of Congress that was
established to investigate the conduct of Admiral
Kimmel and Lieutenant General Short completed, on May
31, 1946, a 1,075-page report which included the
conclusions of the committee that the two officers had
not been guilty of dereliction of duty.
(11) On April 27, 1954, the Chief of Naval
Personnel, Admiral J. L. Holloway, Jr., recommended
that Rear Admiral Kimmel be advanced in rank in
accordance with the provisions of the Officer Personnel
Act of 1947.
(12) On November 13, 1991, a majority of the
members of the Board for the Correction of Military
Records of the Department of the Army found that Major
General Short ``was unjustly held responsible for the
Pearl Harbor disaster'' and that ``it would be
equitable and just'' to advance him to the rank of
lieutenant general on the retired list.
(13) In October 1994, the Chief of Naval
Operations, Admiral Carlisle Trost, withdrew his 1988
recommendation against the advancement of Rear Admiral
Kimmel and recommended that his case be reopened.
(14) Although the Dorn Report, a report on the
results of a Department of Defense study that was
issued on December 15, 1995, did not provide support
for an advancement of Rear Admiral Kimmel or Major
General Short in grade, it did set forth as a
conclusion of the study that ``responsibility for the
Pearl Harbor disaster should not fall solely on the
shoulders of Admiral Kimmel and Lieutenant General
Short, it should be broadly shared''.
(15) The Dorn Report found--
(A) that ``Army and Navy officials in
Washington were privy to intercepted Japanese
diplomatic communications . . . which provided
crucial confirmation of the imminence of war'';
(B) that ``the evidence of the handling of
these messages in Washington reveals some
ineptitude, some unwarranted assumptions and
misestimations, limited coordination, ambiguous
language, and lack of clarification and
followup at higher levels''; and
(C) that ``together, these characteristics
resulted in failure . . . to appreciate fully
and to convey to the commanders in Hawaii the
sense of focus and urgency that these
intercepts should have engendered''.
(16) On July 21, 1997, Vice Admiral David C.
Richardson (United States Navy, retired) responded to
the Dorn Report with his own study which confirmed
findings of the Naval Court of Inquiry and the Army
Pearl Harbor Board of Investigation and established,
among other facts, that the war effort in 1941 was
undermined by a restrictive intelligence distribution
policy, and the degree to which the commanders of the
United States forces in Hawaii were not alerted about
the impending attack on Hawaii was directly
attributable to the withholding of intelligence from
Admiral Kimmel and Lieutenant General Short.
(17) The Officer Personnel Act of 1947, in
establishing a promotion system for the Navy and the
Army, provided a legal basis for the President to honor
any officer of the Armed Forces of the United States
who served his country as a senior commander during
World War II with a placement of that officer, with the
advice and consent of the Senate, on the retired list
with the highest grade held while on the active duty
list.
(18) Rear Admiral Kimmel and Major General Short
are the only two officers eligible for advancement
under the Officer Personnel Act of 1947 as senior World
War II commanders who were excluded from the list of
retired officers presented for advancement on the
retired lists to their highest wartime grades under
that Act.
(19) This singular exclusion of those two officers
from advancement on the retired list serves only to
perpetuate the myth that the senior commanders in
Hawaii were derelict in their duty and responsible for
the success of the attack on Pearl Harbor, a distinct
and unacceptable expression of dishonor toward two of
the finest officers who have served in the Armed Forces
of the United States.
(20) Major General Walter Short died on September
23, 1949, and Rear Admiral Husband Kimmel died on May
14, 1968, without the honor of having been returned to
their wartime grades as were their fellow commanders of
World War II.
(21) The Veterans of Foreign Wars, the Pearl Harbor
Survivors Association, the Admiral Nimitz Foundation,
the Naval Academy Alumni Association, the Retired
Officers Association, and the Pearl Harbor
Commemorative Committee, and other associations and
numerous retired military officers have called for the
rehabilitation of the reputations and honor of Admiral
Kimmel and Lieutenant General Short through their
posthumous advancement on the retired lists to their
highest wartime grades.
(b) Advancement of Rear Admiral Kimmel and Major General
Short on Retired Lists.--(1) The President is requested--
(A) to advance the late Rear Admiral Husband E.
Kimmel, United States Navy (retired), to the grade of
admiral on the retired list of the Navy; and
(B) to advance the late Major General Walter C.
Short, United States Army (retired), to the grade of
lieutenant general on the retired list of the Army.
(2) Any advancement in grade on a retired list requested
under paragraph (1) shall not increase or change the
compensation or benefits from the United States to which any
person is now or may in the future be entitled based upon the
military service of the officer advanced.
(c) Sense of Congress Regarding the Professional
Performance of Admiral Kimmel and Lieutenant General Short.--It
is the sense of Congress--
(1) that the late Rear Admiral Husband E. Kimmel
performed his duties as Commander in Chief, United
States Pacific Fleet, competently and professionally
and, therefore, that the losses incurred by the United
States in the attacks on the naval base at Pearl
Harbor, Hawaii, and other targets on the island of
Oahu, Hawaii, on December 7, 1941, were not a result of
dereliction in the performance of those duties by then
Admiral Kimmel; and
(2) that the late Major General Walter C. Short
performed his duties as Commanding General, Hawaiian
Department, competently and professionally and,
therefore, that the losses incurred by the United
States in the attacks on Hickam Army Air Field and
Schofield Barracks, Hawaii, and other targets on the
island of Oahu, Hawaii, on December 7, 1941, were not a
result of dereliction in the performance of those
duties by then Lieutenant General Short.
SEC. 547. COMMENDATION OF CITIZENS OF REMY, FRANCE, FOR WORLD WAR II
ACTIONS.
(a) Findings.--The Congress finds the following:
(1) On August 2, 1944, a squadron of P-51s from the
United States 364th Fighter Group strafed a German
munitions train in Remy, France.
(2) The resulting explosion killed Lieutenant
Houston Braly, one of the attacking pilots, and
destroyed much of the village of Remy, including seven
stained glass windows in the 13th century church.
(3) Despite threats of reprisals from the occupying
German authorities, the citizens of Remy recovered
Lieutenant Braly's body from the wreckage, buried his
body with dignity and honor in the church's cemetery,
and decorated the grave site daily with fresh flowers.
(4) On Armistice Day, 1995, the village of Remy
renamed the crossroads near the site of Lieutenant
Braly's death in his honor.
(5) The surviving members of the 364th Fighter
Group desire to express their gratitude to the brave
citizens of Remy.
(6) To express their gratitude, the surviving
members of the 364th Fighter Group have organized a
nonprofit corporation to raise funds, through its
project ``Windows for Remy'', to restore the church's
stained glass windows.
(b) Commendation and Recognition.--The Congress commends
the bravery and honor of the citizens of Remy, France, for
their actions with respect to the American fighter pilot
Lieutenant Houston Braly during and after August 1944, and
recognizes the efforts of the surviving members of the United
States 364th Fighter Group to raise funds to restore the
stained glass windows of Remy's 13th century church.
SEC. 548. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO WILLIAM H.
PITSENBARGER FOR VALOR DURING THE VIETNAM WAR.
(a) Waiver of Time Limitations.--Notwithstanding the period
of limitations specified in section 8744 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Air
Force, the President may award the Medal of Honor under section
8741 of that title, posthumously, to William H. Pitsenbarger of
Piqua, Ohio, for the acts of valor referred to in subsection
(b).
(b) Action Defined.--The acts of valor referred to in
subsection (a) are the actions of William H. Pitsenbarger on
April 11, 1966, as an Air Force pararescue crew member, serving
in the grade of Airman First Class at Cam My, Republic of
Vietnam, with Detachment 6, 38th Aerospace Rescue and Recovery
Helicopter Squadron, in support of the combat mission known as
``Operations Abilene''.
Subtitle E--Military Justice and Legal Assistance Matters
SEC. 551. RECOGNITION BY STATES OF MILITARY TESTAMENTARY INSTRUMENTS.
(a) In General.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1044c the following
new section:
``Sec. 1044d. Military testamentary instruments: requirement for
recognition by States
``(a) Testamentary Instruments To Be Given Legal Effect.--A
military testamentary instrument--
``(1) is exempt from any requirement of form,
formality, or recording before probate that is provided
for testamentary instruments under the laws of a State;
and
``(2) has the same legal effect as a testamentary
instrument prepared and executed in accordance with the
laws of the State in which it is presented for probate.
``(b) Military Testamentary Instruments.--For purposes of
this section, a military testamentary instrument is an
instrument that is prepared with testamentary intent in
accordance with regulations prescribed under this section and
that--
``(1) is executed in accordance with subsection (c)
by (or on behalf of) a person, as a testator, who is
eligible for military legal assistance;
``(2) makes a disposition of property of the
testator; and
``(3) takes effect upon the death of the testator.
``(c) Requirements for Execution of Military Testamentary
Instruments.--An instrument is valid as a military testamentary
instrument only if--
``(1) the instrument is executed by the testator
(or, if the testator is unable to execute the
instrument personally, the instrument is executed in
the presence of, by the direction of, and on behalf of
the testator);
``(2) the instrument is executed in the presence of
a military legal assistance counsel acting as presiding
attorney;
``(3) the instrument is executed in the presence of
at least two disinterested witnesses (in addition to
the presiding attorney), each of whom attests to
witnessing the testator's execution of the instrument
by signing it; and
``(4) the instrument is executed in accordance with
such additional requirements as may be provided in
regulations prescribed under this section.
``(d) Self-Proving Military Testamentary Instruments.--(1)
If the document setting forth a military testamentary
instrument meets the requirements of paragraph (2), then the
signature of a person on the document as the testator, an
attesting witness, a notary, or the presiding attorney,
together with a written representation of the person's status
as such and the person's military grade (if any) or other
title, is prima facie evidence of the following:
``(A) That the signature is genuine.
``(B) That the signatory had the represented status
and title at the time of the execution of the will.
``(C) That the signature was executed in compliance
with the procedures required under the regulations
prescribed under subsection (f).
``(2) A document setting forth a military testamentary
instrument meets the requirements of this paragraph if it
includes (or has attached to it), in a form and content
required under the regulations prescribed under subsection (f),
each of the following:
``(A) A certificate, executed by the testator, that
includes the testator's acknowledgment of the
testamentary instrument.
``(B) An affidavit, executed by each witness
signing the testamentary instrument, that attests to
the circumstances under which the testamentary
instrument was executed.
``(C) A notarization, including a certificate of
any administration of an oath required under the
regulations, that is signed by the notary or other
official administering the oath.
``(e) Statement To Be Included.--(1) Under regulations
prescribed under this section, each military testamentary
instrument shall contain a statement that sets forth the
provisions of subsection (a).
``(2) Paragraph (1) shall not be construed to make
inapplicable the provisions of subsection (a) to a testamentary
instrument that does not include a statement described in that
paragraph.
``(f) Regulations.--Regulations for the purposes of this
section shall be prescribed jointly by the Secretary of Defense
and by the Secretary of Transportation with respect to the
Coast Guard when it is not operating as a service in the
Department of the Navy.
``(g) Definitions.--In this section:
``(1) The term `person eligible for military legal
assistance' means a person who is eligible for legal
assistance under section 1044 of this title.
``(2) The term `military legal assistance counsel'
means--
``(A) a judge advocate (as defined in
section 801(13) of this title); or
``(B) a civilian attorney serving as a
legal assistance officer under the provisions
of section 1044 of this title.
``(3) The term `State' includes the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and each
possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1044c the following new item:
``1044d. Military testamentary instruments: requirement for recognition
by States.''.
SEC. 552. POLICY CONCERNING RIGHTS OF INDIVIDUALS WHOSE NAMES HAVE BEEN
ENTERED INTO DEPARTMENT OF DEFENSE OFFICIAL
CRIMINAL INVESTIGATIVE REPORTS.
(a) Policy Requirement.--The Secretary of Defense shall
establish a policy creating a uniform process within the
Department of Defense that--
(1) affords any individual who, in connection with
the investigation of a reported crime, is designated
(by name or by any other identifying information) as a
suspect in the case in any official investigative
report, or in a central index for potential retrieval
and analysis by law enforcement organizations, an
opportunity to obtain a review of that designation; and
(2) requires the expungement of the name and other
identifying information of any such individual from
such report or index in any case in which it is
determined the entry of such identifying information on
that individual was made contrary to Department of
Defense requirements.
(b) Effective Date.--The policy required by subsection (a)
shall be established not later than 120 days after the date of
the enactment of this Act.
SEC. 553. LIMITATION ON SECRETARIAL AUTHORITY TO GRANT CLEMENCY FOR
MILITARY PRISONERS SERVING SENTENCE OF CONFINEMENT
FOR LIFE WITHOUT ELIGIBILITY FOR PAROLE.
(a) Limitation.--Section 874(a) of title 10, United States
Code (article 74(a) of the Uniform Code of Military Justice),
is amended by adding at the end the following new sentence:
``However, in the case of a sentence of confinement for life
without eligibility for parole, after the sentence is ordered
executed, the authority of the Secretary concerned under the
preceding sentence (1) may not be delegated, and (2) may be
exercised only after the service of a period of confinement of
not less than 20 years.''.
(b) Effective Date.--The amendment made by subsection (a)
shall not apply with respect to a sentence of confinement for
life without eligibility for parole that is adjudged for an
offense committed before the date of the enactment of this Act.
SEC. 554. AUTHORITY FOR CIVILIAN SPECIAL AGENTS OF MILITARY DEPARTMENT
CRIMINAL INVESTIGATIVE ORGANIZATIONS TO EXECUTE
WARRANTS AND MAKE ARRESTS.
(a) Department of the Army.--(1) Chapter 373 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 4027. Civilian special agents of the Criminal Investigation
Command: authority to execute warrants and make
arrests
``(a) Authority.--The Secretary of the Army may authorize
any Department of the Army civilian employee described in
subsection (b) to have the same authority to execute and serve
warrants and other processes issued under the authority of the
United States and to make arrests without a warrant as may be
authorized under section 1585a of this title for special agents
of the Defense Criminal Investigative Service.
``(b) Agents To Have Authority.--Subsection (a) applies to
any employee of the Department of the Army who is a special
agent of the Army Criminal Investigation Command (or a
successor to that command) whose duties include conducting,
supervising, or coordinating investigations of criminal
activity in programs and operations of the Department of the
Army.
``(c) Guidelines for Exercise of Authority.--The authority
provided under subsection (a) shall be exercised in accordance
with guidelines prescribed by the Secretary of the Army and
approved by the Secretary of Defense and the Attorney General
and any other applicable guidelines prescribed by the Secretary
of the Army, the Secretary of Defense, or the Attorney
General.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end following new item:
``4027. Civilian special agents of the Criminal Investigation Command:
authority to execute warrants and make arrests.''.
(b) Department of the Navy.--(1) Chapter 643 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7480. Special agents of the Naval Criminal Investigative
Service: authority to execute warrants and make
arrests
``(a) Authority.--The Secretary of the Navy may authorize
any Department of the Navy civilian employee described in
subsection (b) to have the same authority to execute and serve
warrants and other processes issued under the authority of the
United States and to make arrests without a warrant as may be
authorized under section 1585a of this title for special agents
of the Defense Criminal Investigative Service.
``(b) Agents To Have Authority.--Subsection (a) applies to
any employee of the Department of the Navy who is a special
agent of the Naval Criminal Investigative Service (or any
successor to that service) whose duties include conducting,
supervising, or coordinating investigations of criminal activity in
programs and operations of the Department of the Navy.
``(c) Guidelines for Exercise of Authority.--The authority
provided under subsection (a) shall be exercised in accordance
with guidelines prescribed by the Secretary of the Navy and
approved by the Secretary of Defense and the Attorney General
and any other applicable guidelines prescribed by the Secretary
of the Navy, the Secretary of Defense, or the Attorney
General.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end following new item:
``7480. Special agents of the Naval Criminal Investigative Service:
authority to execute warrants and make arrests.''.
(c) Department of the Air Force.--(1) Chapter 873 of title
10, United States Code, is amended by adding at the end the
following new section:
``Sec. 9027. Civilian special agents of the Office of Special
Investigations: authority to execute warrants and
make arrests
``(a) Authority.--The Secretary of the Air Force may
authorize any Department of the Air Force civilian employee
described in subsection (b) to have the same authority to
execute and serve warrants and other processes issued under the
authority of the United States and to make arrests without a
warrant as may be authorized under section 1585a of this title
for special agents of the Defense Criminal Investigative
Service.
``(b) Agents To Have Authority.--Subsection (a) applies to
any employee of the Department of the Air Force who is a
special agent of the Air Force Office of Special Investigations
(or a successor to that office) whose duties include
conducting, supervising, or coordinating investigations of
criminal activity in programs and operations of the Department
of the Air Force.
``(c) Guidelines for Exercise of Authority.--The authority
provided under subsection (a) shall be exercised in accordance
with guidelines prescribed by the Secretary of the Air Force
and approved by the Secretary of Defense and the Attorney
General and any other applicable guidelines prescribed by the
Secretary of the Air Force, the Secretary of Defense, or the
Attorney General.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end following new item:
``9027. Civilian special agents of the Office of Special Investigations:
authority to execute warrants and make arrests.''.
SEC. 555. REQUIREMENT FOR VERBATIM RECORD IN CERTAIN SPECIAL COURT-
MARTIAL CASES.
(a) When Required.--Subsection (c)(1)(B) of section 854 of
title 10, United States Code (article 54 of the Uniform Code of
Military Justice), is amended by inserting after ``bad-conduct
discharge'' the following: ``, confinement for more than six
months, or forfeiture of pay for more than six months''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as of April 1, 2000, and shall apply with
respect to charges referred on or after that date to trial by
special court-martial.
SEC. 556. COMMEMORATION OF THE 50TH ANNIVERSARY OF THE UNIFORM CODE OF
MILITARY JUSTICE.
(a) Findings.--Congress makes the following findings:
(1) The American military justice system predates
the United States itself, having had a continuous
existence since the enactment of the first American
Articles of War by the Continental Congress in 1775.
(2) Pursuant to article I of the Constitution,
which explicitly empowers Congress ``To make Rules for
the Government and Regulation of the land and naval
Forces'', Congress enacted the Articles of War and an
Act to Govern the Navy, which were revised on several
occasions between the ratification of the Constitution
and the end of World War II.
(3) Dissatisfaction with the administration of
military justice during World War I and World War II
(including dissatisfaction arising from separate
systems of justice for the Army and for the Navy and
Marine Corps) led both to significant statutory reforms
in the Articles of War and to the convening of a
committee, under Department of Defense auspices, to
draft a single code of military justice applicable
uniformly to all of the Armed Forces.
(4) The committee, chaired by Professor Edmund M.
Morgan of Harvard Law School, made recommendations that
formed the basis of bills introduced in Congress to
establish such a uniform code of military justice.
(5) After lengthy hearings and debate on the
congressional proposals, the Uniform Code of Military
Justice was enacted into law on May 5, 1950, when
President Harry S Truman signed the legislation.
(6) President Truman then issued a revised Manual
for Courts-Martial implementing the new code, and the
code became effective on May 31, 1951.
(7) One of the greatest innovations of the Uniform
Code of Military Justice (now codified as chapter 47 of
title 10, United States Code) was the establishment of
a civilian court of appeals within the military justice
system. That court, the United States Court of Military
Appeals (now the United States Court of Appeals for the
Armed Forces), held its first session on July 25, 1951.
(8) Congress enacted major revisions of the Uniform
Code of Military Justice in 1968 and 1983 and, in
addition, has amended the code from time to time over
the years as practice under the code indicated a need
for updating the substance or procedure of the law of
military justice.
(9) The evolution of the system of military justice
under the Uniform Code of Military Justice may be
traced in the decisions of the Courts of Criminal
Appeals of each of the Armed Forces and the decisions
of the United States Court of Appeals for the Armed
Forces. These courts have produced a unique body of
jurisprudence upon which commanders and judge advocates
rely in the performance of their duties.
(10) It is altogether fitting that the 50th
anniversary of the Uniform Code of Military Justice be
duly commemorated.
(b) Commemoration.--The Congress--
(1) requests the President to issue a proclamation
commemorating the 50th anniversary of the Uniform Code
of Military Justice; and
(2) calls upon the Department of Defense, the Armed
Forces, and the United States Court of Appeals for the
Armed Forces and interested organizations and members
of the bar and the public to commemorate the occasion
of that anniversary with ceremonies and activities
befitting its importance.
Subtitle F--Matters Relating to Recruiting
SEC. 561. ARMY RECRUITING PILOT PROGRAMS.
(a) Requirement for Programs.--The Secretary of the Army
shall carry out pilot programs to test various recruiting
approaches under this section for the following purposes:
(1) To assess the effectiveness of the recruiting
approaches for creating enhanced opportunities for
recruiters to make direct, personal contact with
potential recruits.
(2) To improve the overall effectiveness and
efficiency of Army recruiting activities.
(b) Outreach Through Motor Sports.--(1) One of the pilot
programs shall be a pilot program of public outreach that
associates the Army with motor sports competitions to achieve
the objectives set forth in paragraph (2).
(2) The events and activities undertaken under the pilot
program shall be designed to provide opportunities for Army
recruiters to make direct, personal contact with high school
students to achieve the following objectives:
(A) To increase enlistments by students graduating
from high school.
(B) To reduce attrition in the Delayed Entry
Program of the Army by sustaining the personal
commitment of students who have elected delayed entry
into the Army under the program.
(3) Under the pilot program, the Secretary of the Army
shall provide for the following:
(A) For Army recruiters or other Army personnel--
(i) to organize Army sponsored career day
events in association with national motor
sports competitions; and
(ii) to arrange for or encourage attendance
at the competitions by high school students,
teachers, guidance counselors, and
administrators of high schools located near the
competitions.
(B) For Army recruiters and other soldiers to
attend national motor sports competitions--
(i) to display exhibits depicting the
contemporary Army and career opportunities in
the Army; and
(ii) to discuss those opportunities with
potential recruits.
(C) For the Army to sponsor a motor sports racing
team as part of an integrated program of recruitment
and publicity for the Army.
(D) For the Army to sponsor motor sports
competitions for high school students at which
recruiters meet with potential recruits.
(E) For Army recruiters or other Army personnel to
compile in an Internet accessible database the names,
addresses, telephone numbers, and electronic mail
addresses of persons who are identified as potential
recruits through activities under the pilot program.
(F) Any other activities associated with motor
sports competition that the Secretary determines
appropriate for Army recruitment purposes.
(c) Outreach at Vocational Schools and Community
Colleges.--(1) One of the pilot programs shall be a pilot
program under which Army recruiters are assigned, as their
primary responsibility, at postsecondary vocational
institutions and community colleges for the purpose of
recruiting students graduating from those institutions and
colleges, recent graduates of those institutions and colleges,
and students withdrawing from enrollments in those institutions
and colleges.
(2) The Secretary of the Army shall select the institutions
and colleges to be invited to participate in the pilot program.
(3) The conduct of the pilot program at an institution or
college shall be subject to an agreement which the Secretary
shall enter into with the governing body or authorized official
of the institution or college, as the case may be.
(4) Under the pilot program, the Secretary shall provide
for the following:
(A) For Army recruiters to be placed in
postsecondary vocational institutions and community
colleges to serve as a resource for guidance counselors
and to recruit for the Army.
(B) For Army recruiters to recruit from among
students and graduates described in paragraph (1).
(C) For the use of telemarketing, direct mail,
interactive voice response systems, and Internet
website capabilities to assist the recruiters in the
postsecondary vocational institutions and community
colleges.
(D) For any other activities that the Secretary
determines appropriate for recruitment activities in
postsecondary vocational institutions and community
colleges.
(5) In this subsection, the term ``postsecondary vocational
institution'' has the meaning given the term in section 102(c)
of the Higher Education Act of 1965 (20 U.S.C. 1002(c)).
(d) Contract Recruiting Initiatives.--(1) One of the pilot
programs shall be a program that expands in accordance with
this subsection the scope of the Army's contract recruiting
initiatives that are ongoing as of the date of the enactment of
this Act. Under the pilot program, the Secretary of the Army
shall select at least 10 recruiting companies to apply the
initiatives in efforts to recruit personnel for the Army.
(2) Under the pilot program, the Secretary shall provide
for the following:
(A) For replacement of the Regular Army recruiters
by contract recruiters in the 10 recruiting companies
selected under paragraph (1).
(B) For operation of the 10 companies under the
same rules and chain of command as the other Army
recruiting companies.
(C) For use of the offices, facilities, and
equipment of the 10 companies by the contract
recruiters.
(D) For reversion to performance of the recruiting
activities by Regular Army soldiers in the 10 companies
upon termination of the pilot program.
(E) For any other uses of contractor personnel for
Army recruiting activities that the Secretary
determines appropriate.
(e) Duration of Pilot Programs.--The pilot programs
required by this section shall be carried out during the period
beginning on October 1, 2000, and, subject to subsection (f),
ending on December 31, 2005.
(f) Authority To Expand or Extend Pilot Programs.--The
Secretary may expand the scope of any of the pilot programs
(under subsection (b)(3)(F), (c)(4)(D), (d)(2)(E), or
otherwise) or extend the period for any of the pilot programs.
Before doing so in the case of a pilot program, the Secretary
of the Army shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a written notification of the expansion of the
pilot program (together with the scope of the expansion) or the
continuation of the pilot program (together with the period of
the extension), as the case may be.
(g) Reports.--Not later than February 1, 2006, the
Secretary of the Army shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
separate report on each of the pilot programs carried out under
this section. The report on a pilot program shall include the
following:
(1) The Secretary's assessment of the value of the
actions taken in the administration of the pilot
program for increasing the effectiveness and efficiency
of Army recruiting.
(2) Any recommendations for legislation or other
action that the Secretary considers appropriate to
increase the effectiveness and efficiency of Army
recruiting.
SEC. 562. ENHANCEMENT OF RECRUITMENT MARKET RESEARCH AND ADVERTISING
PROGRAMS.
Section 503(a) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new
paragraph:
``(2) The Secretary of Defense shall act on a continuing
basis to enhance the effectiveness of recruitment programs of
the Department of Defense (including programs conducted jointly
and programs conducted by the separate armed forces) through an
aggressive program of advertising and market research targeted
at prospective recruits for the armed forces and those who may
influence prospective recruits. Subchapter I of chapter 35 of
title 44 shall not apply to actions taken as part of that
program.''.
SEC. 563. ACCESS TO SECONDARY SCHOOLS FOR MILITARY RECRUITING PURPOSES.
(a) Requirement for Access.--Subsection (c) of section 503
of title 10, United States Code, is amended to read as follows:
``(c) Access to Secondary Schools.--(1) Each local
educational agency shall (except as provided under paragraph
(5)) provide to the Department of Defense, upon a request made
for military recruiting purposes, the same access to secondary
school students, and to directory information concerning such
students, as is provided generally to post-secondary
educational institutions or to prospective employers of those
students.
``(2) If a local educational agency denies a request by the
Department of Defense for recruiting access, the Secretary of
Defense, in cooperation with the Secretary of the military
department concerned, shall designate an officer in a grade not
below the grade of colonel or, in the case of the Navy,
captain, or a senior executive of that military department to
meet with representatives of that local educational agency in
person, at the offices of that agency, for the purpose of
arranging for recruiting access. The designated officer or
senior executive shall seek to have that meeting within 120
days of the date of the denial of the request for recruiting
access.
``(3) If, after a meeting under paragraph (2) with
representatives of a local educational agency that has denied a
request for recruiting access or (if the educational agency
declines a request for the meeting) after the end of such 120-
day period, the Secretary of Defense determines that the agency
continues to deny recruiting access, the Secretary shall
transmit to the chief executive of the State in which the
agency is located a notification of the denial of recruiting
access and a request for assistance in obtaining that access.
The notification shall be transmitted within 60 days after the
date of the determination. The Secretary shall provide to the
Secretary of Education a copy of such notification and any
other communication between the Secretary and that chief
executive with respect to such access.
``(4) If a local educational agency continues to deny
recruiting access one year after the date of the transmittal of
a notification regarding that agency under paragraph (3), the
Secretary--
``(A) shall determine whether the agency denies
recruiting access to at least two of the armed forces
(other than the Coast Guard when it is not operating as
a service in the Navy); and
``(B) upon making an affirmative determination
under subparagraph (A), shall transmit a notification
of the denial of recruiting access to--
``(i) the specified congressional
committees;
``(ii) the Senators of the State in which
the local educational agency is located; and
``(iii) the member of the House of
Representatives who represents the district in
which the local educational agency is located.
``(5) The requirements of this subsection do not apply to--
``(A) a local educational agency with respect to
access to secondary school students or access to
directory information concerning such students for any
period during which there is in effect a policy of that
agency, established by majority vote of the governing
body of the agency, to deny recruiting access to those
students or to that directory information,
respectively; or
``(B) a private secondary school which maintains a
religious objection to service in the armed forces and
which objection is verifiable through the corporate or
other organizational documents or materials of that
school.
``(6) In this subsection:
``(A) The term `local educational agency' means--
``(i) a local educational agency, within
the meaning of that term in section 14101(18)
of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8801(18)); and
``(ii) a private secondary school.
``(B) The term `recruiting access' means access
requested as described in paragraph (1).
``(C) The term `senior executive' has the meaning
given that term in section 3132(a)(3) of title 5.
``(D) The term `State' includes the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Guam, the
Virgin Islands, American Samoa, the Federated States of
Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau.
``(E) The term `specified congressional committees'
means the following:
``(i) The Committee on Armed Services and
the Committee on Health, Education, Labor, and
Pensions of the Senate.
``(ii) The Committee on Armed Services and
the Committee on Education and the Workforce of
the House of Representatives.
``(F) The term `member of the House of
Representatives' includes a Delegate or Resident
Commissioner to Congress.''.
(b) Definition of Directory Information.--Such section is
further amended--
(1) by striking paragraph (7) of subsection (b);
and
(2) by adding at the end the following new
subsection:
``(d) Directory Information Defined.--In this section, the
term `directory information' has the meaning given that term in
subsection (a)(5)(A) of section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).''.
(c) Technical Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Recruiting
Campaigns.--'' after ``(a)''; and
(2) in subsection (b), by inserting ``Compilation
of Directory Information.--'' after ``(b)''.
(d) Effective Date.--The amendment made by subsection (a)
shall take effect on July 1, 2002.
SEC. 564. PILOT PROGRAM TO ENHANCE MILITARY RECRUITING BY IMPROVING
MILITARY AWARENESS OF SCHOOL COUNSELORS AND
EDUCATORS.
(a) In General.--The Secretary of Defense shall conduct a
pilot program to determine if cooperation with military
recruiters by local educational agencies and by institutions of
higher education could be enhanced by improving the
understanding of school counselors and educators about military
recruiting and military career opportunities. The pilot program
shall be conducted during a three-year period beginning not
later than 180 days after the date of the enactment of this
Act.
(b) Conduct of Pilot Program Through Participation in
Interactive Internet Site.--(1) The pilot program shall be
conducted by means of participation by the Department of Defense in a
qualifying interactive Internet site.
(2) For purposes of this section, a qualifying interactive
Internet site is an Internet site in existence as of the date
of the enactment of this Act that is designed to provide to
employees of local educational agencies and institutions of
higher education participating in the Internet site--
(A) systems for communicating;
(B) resources for individual professional
development;
(C) resources to enhance individual on-the-job
effectiveness; and
(D) resources to improve organizational
effectiveness.
(3) Participation in an Internet site by the Department of
Defense for purposes of this section shall include--
(A) funding;
(B) assistance; and
(C) access by other Internet site participants to
Department of Defense aptitude testing programs, career
development information, and other resources, in
addition to information on military recruiting and
career opportunities.
(c) Report.--The Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report
providing the Secretary's findings and conclusions on the pilot
program not later than 180 days after the end of the three-year
program period.
Subtitle G--Other Matters
SEC. 571. EXTENSION TO END OF CALENDAR YEAR OF EXPIRATION DATE FOR
CERTAIN FORCE DRAWDOWN TRANSITION AUTHORITIES.
(a) Early Retirement Authority for Active Force Members.--
Section 4403 of the National Defense Authorization Act for
Fiscal Year 1993 (10 U.S.C. 1293 note) is amended--
(1) in subsection (a), by striking ``through fiscal
year 1999'' and inserting ``during the active force
drawdown period''; and
(2) in subsection (i), by striking ``October 1,
2001'' and inserting ``December 31, 2001''.
(b) SSB and VSI.--Sections 1174a(h)(1) and 1175(d)(3) of
title 10, United States Code, are amended by striking
``September 30, 2001'' and inserting ``December 31, 2001''.
(c) Selective Early Retirement Boards.--Section 638a(a) of
such title is amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(d) Time-in-Grade Requirement for Retention of Grade Upon
Voluntary Retirement.--Section 1370 of such title is amended by
striking ``September 30, 2001'' in subsections (a)(2)(A) and
(d)(5) and inserting ``December 31, 2001''.
(e) Minimum Commissioned Service for Voluntary Retirement
as an Officer.--Sections 3911(b), 6323(a)(2), and 8911(b) of
such title are amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(f) Travel, Transportation, and Storage Benefits.--Sections
404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(v), and
406(g)(1)(C) of title 37, United States Code, and section
503(c)(1) of the National Defense Authorization Act for Fiscal
Year 1991 (37 U.S.C. 406 note) are amended by striking
``September 30, 2001'' and inserting ``December 31, 2001''.
(g) Educational Leave for Public and Community Service.--
Section 4463(f) of the National Defense Authorization Act for
Fiscal Year 1993 (10 U.S.C. 1143a note) is amended by striking
``September 30, 2001'' and inserting ``December 31, 2001''.
(h) Transitional Health Benefits.--Subsections (a)(1),
(c)(1), and (e) of section 1145 of title 10, United States
Code, are amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(i) Transitional Commissary and Exchange Benefits.--Section
1146 of such title is amended by striking ``September 30,
2001'' both places it appears and inserting ``December 31,
2001''.
(j) Transitional Use of Military Housing.--Paragraphs (1)
and (2) of section 1147(a) of such title are amended by
striking ``September 30, 2001'' and inserting ``December 31,
2001''.
(k) Continued Enrollment of Dependents in Defense
Dependents' Education System.--Section 1407(c)(1) of the
Defense Dependents' Education Act of 1978 (20 U.S.C. 926(c)(1))
is amended by striking ``September 30, 2001'' and inserting
``December 31, 2001''.
(l) Force Reduction Transition Period Defined for Certain
Guard and Reserve Benefits.--Section 4411 of the National
Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 12681
note) is amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(m) Temporary Special Authority for Force Reduction Period
Retirements.--Section 4416(b)(1) of the National Defense
Authorization Act for Fiscal Year 1993 (10 U.S.C. 12681 note)
is amended by striking ``October 1, 2001'' and inserting ``the
end of the force reduction period''.
(n) Retired Pay for Non-Regular Service.--(1) Section
12731(f) of title 10, United States Code, is amended by
striking ``September 30, 2001'' and inserting ``December 31,
2001''.
(2) Section 12731a of such title is amended--
(A) in subsection (a)(1)(B), by striking ``October
1, 2001'' and inserting ``the end of the period
described in subsection (b)''; and
(B) in subsection (b), by striking ``October 1,
2001'' and inserting ``December 31, 2001''.
(o) Affiliation With Guard and Reserve Units; Waiver of
Certain Limitations.--Section 1150(a) of such title is amended
by striking ``September 30, 2001'' and inserting ``December 31,
2001''.
(p) Reserve Montgomery GI Bill.--Section 16133(b)(1)(B) of
such title is amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
SEC. 572. VOLUNTARY SEPARATION INCENTIVE.
(a) Authority for Termination Upon Entitlement to Retired
Pay.--Section 1175(e)(3) of title 10, United States Code, is
amended--
(1) inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following new
subparagraph:
``(B) If a member is receiving simultaneous voluntary
separation incentive payments and retired or retainer pay, the
member may elect to terminate the receipt of voluntary
separation incentive payments. Any such election is permanent
and irrevocable. The rate of monthly recoupment from retired or
retainer pay of voluntary separation incentive payments
received after such an election shall be reduced by a
percentage that is equal to a fraction with a denominator equal
to the number of months that the voluntary separation incentive
payments were scheduled to be paid and a numerator equal to the
number of months that would not be paid as a result of the
member's decision to terminate the voluntary separation
incentive.''.
(b) Effective Date.--Subparagraph (B) of section 1175(e)(3)
of title 10, United States Code, as added by subsection (a),
shall apply with respect to decisions by members to terminate
voluntary separation incentive payments under section 1175 of
title 10, United States Code, to be effective after September
30, 2000.
SEC. 573. CONGRESSIONAL REVIEW PERIOD FOR ASSIGNMENT OF WOMEN TO DUTY
ON SUBMARINES AND FOR ANY PROPOSED RECONFIGURATION
OR DESIGN OF SUBMARINES TO ACCOMMODATE FEMALE CREW
MEMBERS.
(a) In General.--(1) Chapter 555 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 6035. Female members: congressional review period for assignment
to duty on submarines or for reconfiguration of
submarines
``(a) No change in the Department of the Navy policy
limiting service on submarines to males, as in effect on May
10, 2000, may take effect until--
``(1) the Secretary of Defense submits to Congress
written notice of the proposed change; and
``(2) a period of 30 days of continuous session of
Congress (excluding any day on which either House of
Congress is not in session) expires following the date
on which the notice is received.
``(b) No funds available to the Department of the Navy may
be expended to reconfigure any existing submarine, or to design
any new submarine, to accommodate female crew members until--
``(1) the Secretary of Defense submits to Congress
written notice of the proposed reconfiguration or
design; and
``(2) a period of 30 days of continuous session of
Congress (excluding any day on which either House of
Congress is not in session) expires following the date
on which the notice is received.
``(c) For purposes of this section, the continuity of a
session of Congress is broken only by an adjournment of the
Congress sine die.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``6035. Female members: congressional review period for assignment to
duty on submarines or for reconfiguration of submarines.''.
(b) Conforming Amendment.--Section 542(a)(1) of the
National Defense Authorization Act for Fiscal Year 1994 (10
U.S.C. 113 note) is amended by inserting ``or by section 6035
of title 10, United States Code'' after ``Except in a case
covered by subsection (b)''.
SEC. 574. MANAGEMENT AND PER DIEM REQUIREMENTS FOR MEMBERS SUBJECT TO
LENGTHY OR NUMEROUS DEPLOYMENTS.
(a) Approving Authority for Lengthy Deployments of
Members.--Subsection (a) of section 991 of title 10, United
States Code, is amended--
(1) by striking ``unless an officer'' in the second
sentence of paragraph (1) and all that follows through
the period at the end of that sentence and inserting a
period and the following: ``However, the member may be
deployed, or continued in a deployment, without regard
to the preceding sentence if such deployment, or
continued deployment, is approved--
``(A) in the case of a member who is assigned to a
combatant command in a position under the operational
control of the officer in that combatant command who is
the service component commander for the members of that
member's armed force in that combatant command, by that
officer; and
``(B) in the case of a member not assigned as
described in subparagraph (A), by the service chief of
that member's armed force (or, if so designated by that
service chief, by an officer of the same armed force on
active duty who is in the grade of general or admiral
or who is the personnel chief for that armed force).'';
and
(2) by adding at the end the following new
paragraph:
``(3) In paragraph (1)(B), the term `service chief' means
the Chief of Staff of the Army, the Chief of Naval Operations,
the Chief of Staff of the Air Force, or the Commandant of the
Marine Corps.''.
(b) Clarification of Definition of Deployment.--Subsection
(b) of such section is amended--
(1) in paragraph (1), by inserting ``or homeport,
as the case may be'' before the period at the end;
(2) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(3) by inserting after paragraph (1) the following
new paragraph (2):
``(2) In the case of a member of a reserve component
performing active service, the member shall be considered
deployed or in a deployment for the purposes of paragraph (1)
on any day on which, pursuant to orders that do not establish a
permanent change of station, the member is performing the
active service at a location that--
``(A) is not the member's permanent training site;
and
``(B) is--
``(i) at least 100 miles from the member's
permanent residence; or
``(ii) a lesser distance from the member's
permanent residence that, under the
circumstances applicable to the member's
travel, is a distance that requires at least
three hours of travel to traverse.''; and
(4) in paragraph (3), as redesignated by paragraph
(2) of this subsection--
(A) by striking ``or'' at the end of
subparagraph (A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) unavailable solely because of--
``(i) a hospitalization of the member at
the member's permanent duty station or homeport
or in the immediate vicinity of the member's
permanent residence; or
``(ii) a disciplinary action taken against
the member.''.
(c) Associated Per Diem Allowance.--Section 435 of title
37, United States Code (as added to that title effective
October 1, 2001, by section 586(b) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 638)) is amended--
(1) in subsection (a), by striking ``251 days or
more out of the preceding 365 days'' and inserting
``401 or more days out of the preceding 730 days''; and
(2) in subsection (b), by striking ``prescribed
under paragraph (3)'' and inserting ``prescribed under
paragraph (4)''.
(d) Review of Management of Deployments of Individual
Members.--Not later than March 31, 2002, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
administration of section 991 of title 10, United States Code,
during fiscal year 2001. The report shall include--
(1) a discussion of the experience in tracking and
recording the deployments of members of the Armed
Forces; and
(2) any recommendations for revision of such
section that the Secretary considers appropriate.
(e) Effective Date.--If this Act is enacted before October
1, 2000, the amendments made by subsections (a) and (b) shall
take effect on October 1, 2000, immediately after the amendment
made by section 586(a) of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 637)
adding section 991 of title 10, United States Code, to such
title.
SEC. 575. PAY IN LIEU OF ALLOWANCE FOR FUNERAL HONORS DUTY.
(a) Compensation at Rate for Inactive-Duty Training.--(1)
Section 115(b)(2) of title 32, United States Code, is amended
to read as follows:
``(2) as directed by the Secretary concerned,
either--
``(A) the allowance under section 435 of
title 37; or
``(B) compensation under section 206 of
title 37.''.
(2) Section 12503(b)(2) of title 10, United States Code, is
amended to read as follows:
``(2) as directed by the Secretary concerned,
either--
``(A) the allowance under section 435 of
title 37; or
``(B) compensation under section 206 of
title 37.''.
(b) Conforming Repeal.--Section 435 of title 37, United
States Code, is amended by striking subsection (c).
(c) Applicability.--The amendments made by this section
shall apply with respect to funeral honors duty performed on or
after October 1, 2000.
SEC. 576. TEST OF ABILITY OF RESERVE COMPONENT INTELLIGENCE UNITS AND
PERSONNEL TO MEET CURRENT AND EMERGING DEFENSE
INTELLIGENCE NEEDS.
(a) Test Program Required.--(1) Beginning not later than
June 1, 2001, the Secretary of Defense shall conduct a three-
year test program of reserve component intelligence units and
personnel. The purpose of the test program shall be--
(A) to determine the most effective peacetime
structure and operational employment of reserve
component intelligence assets for meeting current and
future Department of Defense peacetime operational
intelligence requirements; and
(B) to establish a means to coordinate and
transition that peacetime intelligence operational
support network into use for meeting wartime
requirements.
(2) The test program shall be carried out using the Joint
Reserve Intelligence Program and appropriate reserve component
intelligence units and personnel.
(3) In conducting the test program, the Secretary of
Defense shall expand the current Joint Reserve Intelligence
Program as needed to meet the objectives of the test program.
(b) Oversight Panel.--The Secretary shall establish an
oversight panel to structure the test program so as to achieve
the objectives of the test program, ensure proper funding for
the test program, and oversee the conduct and evaluation of the
test program. The panel members shall include--
(1) the Assistant Secretary of Defense for Command,
Control, Communications and Intelligence;
(2) the Assistant Secretary of Defense for Reserve
Affairs; and
(3) representatives from the Defense Intelligence
Agency, the Army, Navy, Air Force, and Marine Corps,
the Joint Staff, and the combatant commands.
(c) Test Program Objectives.--The test program shall have
the following objectives:
(1) To identify the range of peacetime roles and
missions that are appropriate for reserve component
intelligence units and personnel, including the
following missions: counterdrug, counterintelligence,
counterterrorism, information operations, information
warfare, and other emerging threats.
(2) To recommend a process for justifying and
validating reserve component intelligence force
structure and manpower to support the peacetime roles
and missions identified under paragraph (1) and to
establish a means to coordinate and transition that
peacetime operational support network and structure
into wartime requirements.
(3) To provide, pursuant to paragraphs (1) and (2),
the basis for new or revised intelligence and reserve
component policy guidelines for the peacetime use,
organization, management, infrastructure, and funding
of reserve component intelligence units and personnel.
(4) To determine the most effective structure,
organization, manning, and management of Joint Reserve
Intelligence Centers to enable them to be both reserve
training facilities and virtual collaborative
production facilities in support of Department of
Defense peacetime operational intelligence
requirements.
(5) To determine the most effective uses of
technology for virtual collaborative intelligence
operational support during peacetime and wartime.
(6) To determine personnel and career management
initiatives or modifications that are required to
improve the recruiting and retention of personnel in
the reserve component intelligence specialties and
occupational skills.
(7) To identify and make recommendations for the
elimination of statutory prohibitions and barriers to
using reserve component intelligence units and
individuals to carry out peacetime operational
requirements.
(d) Reports.--The Secretary of Defense shall submit to
Congress--
(1) interim reports on the status of the test
program not later than July 1, 2002, and July 1, 2003;
and
(2) a final report, with such recommendations for
changes as the Secretary considers necessary, not later
than December 1, 2004.
SEC. 577. NATIONAL GUARD CHALLENGE PROGRAM.
(a) Responsibility of Secretary of Defense.--Subsection (a)
of section 509 of title 32, United States Code, is amended by
striking ``, acting through the Chief of the National Guard
Bureau,''.
(b) Sources of Federal Support.--Subsection (b) of such
section is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense'';
(2) by striking ``, except that Federal
expenditures under the program may not exceed
$62,500,000 for any fiscal year''; and
(3) by adding at the end the following new
paragraphs:
``(2) The Secretary shall carry out the National Guard
Challenge Program using--
``(A) funds appropriated directly to the Secretary
of Defense for the program, except that the amount of
funds appropriated directly to the Secretary and
expended for the program in a fiscal year may not
exceed $62,500,000; and
``(B) nondefense funds made available or
transferred to the Secretary of Defense by other
Federal agencies to support the program.
``(3) Federal funds made available or transferred to the
Secretary of Defense under paragraph (2)(B) by other Federal
agencies to support the National Guard Challenge Program may be
expended for the program in excess of the fiscal year
limitation specified in paragraph (2)(A).''.
(c) Regulations.--Such section is further amended by adding
at the end the following new subsection:
``(m) Regulations.--The Secretary of Defense shall
prescribe regulations to carry out the National Guard Challenge
Program. The regulations shall address at a minimum the
following:
``(1) The terms to be included in the program
agreements required by subsection (c).
``(2) The qualifications for persons to participate
in the program, as required by subsection (e).
``(3) The benefits authorized for program
participants, as required by subsection (f).
``(4) The status of National Guard personnel
assigned to duty in support of the program under
subsection (g).
``(5) The conditions for the use of National Guard
facilities and equipment to carry out the program, as
required by subsection (h).
``(6) The status of program participants, as
described in subsection (i).
``(7) The procedures to be used by the Secretary
when communicating with States about the program.''.
(d) Conforming Amendment.--Section 2033 of title 10, United
States Code, is amended by striking ``appropriated for'' and
inserting ``appropriated directly to the Secretary of Defense
for''.
SEC. 578. STUDY OF USE OF CIVILIAN CONTRACTOR PILOTS FOR OPERATIONAL
SUPPORT MISSIONS.
(a) Study.--The Secretary of Defense shall conduct a study
to determine the feasibility and cost, as well as the
advantages and disadvantages, of using civilian contractor
personnel as pilots and other air crew members to fly
nonmilitary Government aircraft (referred to as ``operational
support aircraft'') to perform non-combat personnel
transportation missions worldwide. In carrying out the study,
the Secretary shall consider the views and recommendations of
the Chairman of the Joint Chiefs and the other members of the
Joint Chiefs of Staff.
(b) Matters to Be Included.--The study shall, as a
minimum--
(1) determine whether use of civilian contractor
personnel as pilots and other air crew members for such
operational support missions would be a cost effective
means of freeing for duty in units with combat and
combat support missions those military pilots and other
personnel who now perform such operational support
missions; and
(2) the effect on retention of military pilots and
other personnel if they are no longer required to fly
operational support missions.
(c) Submission of Report.--The Secretary shall submit a
report containing the results of the study to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives not later than six
months after the date of the enactment of this Act.
SEC. 579. REIMBURSEMENT FOR EXPENSES INCURRED BY MEMBERS IN CONNECTION
WITH CANCELLATION OF LEAVE ON SHORT NOTICE.
(a) Reimbursement Authorized.--Chapter 53 of title 10,
United States Code, is amended by inserting after section 1053
the following new section:
``Sec. 1053a. Expenses incurred in connection with leave canceled due
to contingency operations: reimbursement
``(a) Authorization To Reimburse.--The Secretary concerned
may reimburse a member of the armed forces under the
jurisdiction of the Secretary for travel and related expenses
(to the extent not otherwise reimbursable under law) incurred
by the member as a result of the cancellation of previously
approved leave when the leave is canceled in connection with
the member's participation in a contingency operation and the
cancellation occurs within 48 hours of the time the leave would
have commenced.
``(b) Regulations.--The Secretary of Defense shall
prescribe regulations to establish the criteria for the
applicability of subsection (a).
``(c) Conclusiveness of Settlement.--The settlement of an
application for reimbursement under subsection (a) is final and
conclusive.''.
(b) Effective Date.--Section 1053a of title 10, United
States Code, as added by subsection (a) shall apply with
respect to any travel and related expenses incurred by a member
in connection with leave canceled after the date of the
enactment of this Act.
(c) Conforming and Clerical Amendments.--(1) The heading of
section 1052 of such title is amended to read as follows:
``Sec. 1052. Adoption expenses: reimbursement''.
(2) The heading of section 1053 of such title is amended to
read as follows:
``Sec. 1053. Financial institution charges incurred because of
Government error in direct deposit of pay:
reimbursement''.
(3) The table of sections at the beginning of chapter 53 of
such title is amended by striking the items relating to
sections 1052 and 1053 and inserting the following:
``1052. Adoption expenses: reimbursement.
``1053. Financial institution charges incurred because of Government
error in direct deposit of pay: reimbursement.
``1053a. Expenses incurred in connection with leave canceled due to
contingency operations: reimbursement.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2001.
Sec. 602. Additional restructuring of basic pay rates for enlisted
members.
Sec. 603. Revised method for calculation of basic allowance for
subsistence.
Sec. 604. Family subsistence supplemental allowance for low-income
members of the Armed Forces.
Sec. 605. Basic allowance for housing.
Sec. 606. Additional amount available for fiscal year 2001 increase in
basic allowance for housing inside the United States.
Sec. 607. Equitable treatment of junior enlisted members in computation
of basic allowance for housing.
Sec. 608. Eligibility of members in grade E-4 to receive basic allowance
for housing while on sea duty.
Sec. 609. Personal money allowance for senior enlisted members of the
Armed Forces.
Sec. 610. Increased uniform allowances for officers.
Sec. 611. Cabinet-level authority to prescribe requirements and
allowance for clothing of enlisted members.
Sec. 612. Increase in monthly subsistence allowance for members of
precommissioning programs.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 621. Extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 622. Extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 623. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 624. Revision of enlistment bonus authority.
Sec. 625. Consistency of authorities for special pay for reserve medical
and dental officers.
Sec. 626. Elimination of required congressional notification before
implementation of certain special pay authority.
Sec. 627. Special pay for physician assistants of the Coast Guard.
Sec. 628. Authorization of special pay and accession bonus for pharmacy
officers.
Sec. 629. Correction of references to Air Force veterinarians.
Sec. 630. Career sea pay.
Sec. 631. Increased maximum rate of special duty assignment pay.
Sec. 632. Entitlement of members of the National Guard and other
reserves not on active duty to receive special duty assignment
pay.
Sec. 633. Authorization of retention bonus for members of the Armed
Forces qualified in a critical military skill.
Sec. 634. Entitlement of active duty officers of the Public Health
Service Corps to special pays and bonuses of health
professional officers of the Armed Forces.
Subtitle C--Travel and Transportation Allowances
Sec. 641. Advance payments for temporary lodging of members and
dependents.
Sec. 642. Additional transportation allowance regarding baggage and
household effects.
Sec. 643. Incentive for shipping and storing household goods in less
than average weights.
Sec. 644. Equitable dislocation allowances for junior enlisted members.
Sec. 645. Authority to reimburse military recruiters, Senior ROTC cadre,
and military entrance processing personnel for certain parking
expenses.
Sec. 646. Expansion of funded student travel for dependents.
Subtitle D--Retirement and Survivor Benefit Matters
Sec. 651. Exception to high-36 month retired pay computation for members
retired following a disciplinary reduction in grade.
Sec. 652. Increase in maximum number of Reserve retirement points that
may be credited in any year.
Sec. 653. Retirement from active reserve service after regular
retirement.
Sec. 654. Same treatment for Federal judges as for other Federal
officials regarding payment of military retired pay.
Sec. 655. Reserve component Survivor Benefit Plan spousal consent
requirement.
Sec. 656. Sense of Congress on increasing Survivor Benefit Plan
annuities for surviving spouses age 62 or older.
Sec. 657. Revision to special compensation authority to repeal exclusion
of uniformed services retirees in receipt of disability
retired pay.
Subtitle E--Other Matters
Sec. 661. Participation in Thrift Savings Plan.
Sec. 662. Determinations of income eligibility for special supplemental
food program.
Sec. 663. Billeting services for reserve members traveling for inactive-
duty training.
Sec. 664. Settlement of claims for payments for unused accrued leave and
for retired pay.
Sec. 665. Additional benefits and protections for personnel incurring
injury, illness, or disease in the performance of funeral
honors duty.
Sec. 666. Authority for extension of deadline for filing claims
associated with capture and internment of certain persons by
North Vietnam.
Sec. 667. Back pay for members of the Navy and Marine Corps selected for
promotion while interned as prisoners of war during World War
II.
Sec. 668. Sense of Congress concerning funding for reserve components.
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2001.
(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2001 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2001,
the rates of monthly basic pay for members of the uniformed
services are increased by 3.7 percent.
SEC. 602. ADDITIONAL RESTRUCTURING OF BASIC PAY RATES FOR ENLISTED
MEMBERS.
(a) Minimum Pay Increases for Mid-Level Enlisted Grades.--
(1) Subject to paragraph (2), effective on July 1, 2001, the
rates of monthly basic pay for enlisted members of the Armed
Forces in the pay grades E-7, E-6, and E-5 shall be as follows:
ENLISTED MEMBERS
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
E-7.............. 1,831.20 1,999.20 2,075.10 2,149.80 2,228.10
E-6.............. 1,575.00 1,740.30 1,817.40 1,891.80 1,969.80
E-5.............. 1,381.80 1,549.20 1,623.90 1,701.00 1,779.30
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-7.............. 2,362.20 2,437.80 2,512.80 2,588.10 2,666.10
E-6.............. 2,097.30 2,174.10 2,248.80 2,325.00 2,379.60
E-5.............. 1,888.50 1,962.90 2,040.30 2,040.30 2,040.30
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-7.............. 2,742.00 2,817.90 2,949.60 3,034.80 3,250.50
E-6.............. 2,421.30 2,421.30 2,421.30 2,421.30 2,421.30
E-5.............. 2,040.30 2,040.30 2,040.30 2,040.30 2,040.30
------------------------------------------------------------------------
(2) The amounts specified in the table in paragraph (1) are
subject to such revision as the Secretary of Defense and the
Secretary of Transportation may prescribe under subsection
(b)(1)(A).
(b) Secretarial Authority to Further Revise.--(1) To ensure
the efficient and effective operation of the military pay
system, the Secretary of Defense, and the Secretary of
Transportation with regard to the Coast Guard, may--
(A) further increase any of the amounts specified
in the table in subsection (a) for enlisted members of
the Armed Forces in the pay grades E-7, E-6, and E-5;
and
(B) increase any of the amounts specified for other
enlisted members in the table under the heading
``ENLISTED MEMBERS'' in section 601(c) of the National
Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 648), as adjusted on January 1,
2001, pursuant to section 601(b) of this Act.
(2) The revisions in monthly basic pay made by the
Secretary of Defense and the Secretary of Transportation under
paragraph (1) shall take effect on July 1, 2001, but only if
the Secretaries also comply with paragraph (3).
(3) If the Secretary of Defense or the Secretary of
Transportation exercises the authority provided by paragraph
(1), the Secretaries shall include, in the budget justification
materials submitted to Congress in support of the President's
budget submitted under section 1105 of title 31, United States
Code, for fiscal year 2002--
(A) a revised pay table for enlisted members of the
Armed Forces to reflect the increases in monthly basic
pay to take effect on July 1, 2001; and
(B) a description of the various increases made and
the reasons therefor.
SEC. 603. REVISED METHOD FOR CALCULATION OF BASIC ALLOWANCE FOR
SUBSISTENCE.
(a) Annual Revision of Rate.--Subsection (b) of section 402
of title 37, United States Code, is amended--
(1) in paragraph (1), by striking ``The monthly
rate'' and inserting ``Through December 31, 2001, the
monthly rate'';
(2) by redesignating paragraph (2) as paragraph
(3); and
(3) by inserting after paragraph (1) the following
new paragraph:
``(2) On and after January 1, 2002, the monthly rate of
basic allowance for subsistence to be in effect for an enlisted
member for a year (beginning on January 1 of that year) shall
be equal to the sum of--
``(A) the monthly rate of basic allowance for
subsistence that was in effect for an enlisted member
for the preceding year; plus
``(B) the product of the monthly rate under
subparagraph (A) and the percentage increase in the
monthly cost of a liberal food plan for a male in the
United States who is between 20 and 50 years of age
over the preceding fiscal year, as determined by the
Secretary of Agriculture each October 1.''.
(b) Conforming Amendment.--Subsection (d)(1) of such
section is amended by striking ``established under subsection
(b)(1)'' and inserting ``in effect under paragraph (1) or (2)
of subsection (b)''.
(c) Early Termination of BAS Transitional Authority.--
Effective October 1, 2001, subsections (c) through (f) of
section 602 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 37 U.S.C. 402 note) are
repealed.
SEC. 604. FAMILY SUBSISTENCE SUPPLEMENTAL ALLOWANCE FOR LOW-INCOME
MEMBERS OF THE ARMED FORCES.
(a) Supplemental Allowance Required.--(1) Chapter 7 of
title 37, United States Code, is amended by inserting after
section 402 the following new section:
``Sec. 402a. Supplemental subsistence allowance for low-income members
with dependents
``(a) Supplemental Allowance Required.--(1) The Secretary
concerned shall increase the basic allowance for subsistence to
which a member of the armed forces described in subsection (b)
is otherwise entitled under section 402 of this title by an
amount (in this section referred to as the `supplemental
subsistence allowance') designed to remove the member's
household from eligibility for benefits under the food stamp
program.
``(2) The supplemental subsistence allowance may not exceed
$500 per month. In establishing the amount of the supplemental
subsistence allowance to be paid an eligible member under this
paragraph, the Secretary shall take into consideration the
amount of the basic allowance for housing that the member
receives under section 403 of this title or would otherwise
receive under such section, in the case of a member who is not
entitled to that allowance as a result of assignment to
quarters of the United States or a housing facility under the
jurisdiction of a uniformed service.
``(3) In the case of a member described in subsection (b)
who establishes to the satisfaction of the Secretary concerned
that the allotment of the member's household under the food
stamp program, calculated in the absence of the supplemental
subsistence allowance, would exceed the amount established by
the Secretary concerned under paragraph (2), the amount of the
supplemental subsistence allowance for the member shall be
equal to the lesser of the following:
``(A) The value of that allotment.
``(B) $500.
``(b) Members Entitled to Allowance.--(1) Subject to
subsection (d), a member of the armed forces is entitled to
receive the supplemental subsistence allowance if the Secretary
concerned determines that the member's income, together with
the income of the rest of the member's household (if any), is
within the highest income standard of eligibility, as then in
effect under section 5(c) of the Food Stamp Act of 1977 (7
U.S.C. 2014(c)) and without regard to paragraph (1) of such
section, for participation in the food stamp program.
``(2) In determining whether a member meets the eligibility
criteria under paragraph (1), the Secretary--
``(A) shall not take into consideration the amount
of the supplemental subsistence allowance payable under
this section; but
``(B) shall take into consideration the amount of
the basic allowance for housing that the member
receives under section 403 of this title or would
otherwise receive under such section, in the case of a
member who is not entitled to that allowance as a
result of assignment to quarters of the United States
or a housing facility under the jurisdiction of a
uniformed service.
``(c) Application for Allowance.--To request the
supplemental subsistence allowance, a member shall submit an
application to the Secretary concerned in such form and
containing such information as the Secretary concerned may
prescribe. A member applying for the supplemental subsistence
allowance shall furnish such evidence regarding the member's
satisfaction of the eligibility criteria under subsection (b)
as the Secretary concerned may require.
``(d) Effective Period.--The entitlement of a member to
receive the supplemental subsistence allowance terminates upon
the occurrence of any of the following events, even though the
member continues to meet the eligibility criteria described in
subsection (b):
``(1) Payment of the supplemental subsistence
allowance for 12 consecutive months.
``(2) Promotion of the member to a higher grade.
``(3) Transfer of the member in a permanent change
of station.
``(e) Reapplication.--Upon the termination of the effective
period of the supplemental subsistence allowance for a member,
or in anticipation of the imminent termination of the
allowance, a member may reapply for the allowance under
subsection (c), and the Secretary concerned shall approve the
application and resume payment of the allowance to the member,
if the member continues to meet, or once again meets, the
eligibility criteria described in subsection (b).
``(f) Reporting Requirement.--Not later than March 1 of
each year after 2001, the Secretary of Defense shall submit to
Congress a report specifying the number of members of the armed
forces who received, at any time during the preceding year, the
supplemental subsistence allowance. In preparing the report,
the Secretary of Defense shall consult with the Secretary of
Transportation. No report is required under this subsection
after March 1, 2006.
``(g) Definitions.--In this section:
``(1) The term `Secretary concerned' means--
``(A) the Secretary of Defense; and
``(B) the Secretary of Transportation, with
respect to the Coast Guard when it is not
operating as a service in the Navy.
``(2) The terms `allotment' and `household' have
the meanings given those terms in section 3 of the Food
Stamp Act of 1977 (7 U.S.C. 2012).
``(3) The term `food stamp program' means the
program established pursuant to section 4 of the Food
Stamp Act of 1977 (7 U.S.C. 2013).
``(h) Termination of Authority.--No supplemental
subsistence allowance may be provided under this section after
September 30, 2006.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 402
the following:
``402a. Supplemental subsistence allowance for low-income members with
dependents.''.
(b) Effective Date.--Section 402a of title 37, United
States Code, as added by subsection (a), shall take effect on
the first day of the first month that begins not less than 180
days after the date of the enactment of this Act.
SEC. 605. BASIC ALLOWANCE FOR HOUSING.
(a) Calculation of Rates.--Subsection (b) of section 403 of
title 37, United States Code, is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraph (1) as paragraph
(2); and
(3) by inserting after the subsection heading the
following: ``(1) The Secretary of Defense shall
prescribe the rates of the basic allowance for housing
that are applicable for the various military housing
areas in the United States. The rates for an area shall
be based on the costs of adequate housing determined
for the area under paragraph (2).''.
(b) Minimum Annual Amount Available for Housing
Allowances.--Subsection (b) of such section is further
amended--
(1) by striking paragraphs (3) and (5); and
(2) by inserting after paragraph (2) the following
new paragraph:
``(3) The total amount that may be paid for a fiscal year
for the basic allowance for housing under this subsection may
not be less than the product of--
``(A) the total amount authorized to be paid for
such allowance for the preceding fiscal year; and
``(B) a fraction--
``(i) the numerator of which is the index
of the national average monthly cost of housing
for June of the preceding fiscal year; and
``(ii) the denominator of which is the
index of the national average monthly cost of
housing for June of the second preceding fiscal
year.''.
(c) Limitations on Reduction in Member's Allowance.--(1)
Paragraph (6) of such subsection is amended by striking ``,
changes in the national average monthly cost of housing,''.
(2) Paragraph (7) of such subsection is amended by striking
``without dependents''.
(d) Allowance When Dependents Are Unable To Accompany
Members.--Subsection (d) of such section is amended by striking
paragraph (3) and inserting the following new paragraph:
``(3) If a member with dependents is assigned to duty in an
area that is different from the area in which the member's
dependents reside, the member is entitled to a basic allowance
for housing as provided in subsection (b) or (c), whichever
applies to the member, subject to the following:
``(A) If the member's assignment to duty in that
area, or the circumstances of that assignment, require
the member's dependents to reside in a different area,
as determined by the Secretary concerned, the amount of
the basic allowance for housing for the member shall be
based on the area in which the dependents reside or the
member's last duty station, whichever the Secretary
concerned determines to be most equitable.
``(B) If the member's assignment to duty in that
area is under the conditions of a low-cost or no-cost
permanent change of station or permanent change of
assignment, the amount of the basic allowance for
housing for the member shall be based on the member's
last duty station if the Secretary concerned determines
that it would be inequitable to base the allowance on
the cost of housing in the area to which the member is
reassigned.''.
(e) Extension of Transition Period.--Section 603(b) of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 37 U.S.C. 403 note) is amended by striking ``six
years'' and inserting ``eight years''.
(f) Effective Date; Application.--(1) The amendments made
by this section shall take effect on October 1, 2000.
(2) In the case of the amendment made by subsection (c)(2),
the amendment shall apply with respect to pay periods beginning
on and after October 1, 2000, for a member of the uniformed
services covered by the provision of law so amended regardless
of the date on which the member was first reassigned to duty
under the conditions of a low-cost or no-cost permanent change
of station or permanent change of assignment.
(3) In the case of the amendment made by subsection (d),
the amendment shall apply with respect to pay periods beginning
on and after October 1, 2000, for a member of the uniformed
services covered by the provision of law so amended regardless
of the date on which the member was first assigned to duty in
an area that is different from the area in which the member's
dependents reside.
SEC. 606. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL YEAR 2001 INCREASE IN
BASIC ALLOWANCE FOR HOUSING INSIDE THE UNITED
STATES.
In addition to the amount determined by the Secretary of
Defense under section 403(b)(3) of title 37, United States
Code, as amended by section 605(b), to be the total amount to
be paid during fiscal year 2001 for the basic allowance for
housing for military housing areas inside the United States,
$30,000,000 of the amount authorized to be appropriated by
section 421 for military personnel shall be used by the
Secretary to further increase the total amount available for
the basic allowance for housing for military housing areas
inside the United States.
SEC. 607. EQUITABLE TREATMENT OF JUNIOR ENLISTED MEMBERS IN COMPUTATION
OF BASIC ALLOWANCE FOR HOUSING.
(a) Determination of Costs of Adequate Housing.--Paragraph
(2) of subsection (b) of section 403 of title 37, United States
Code, as redesignated by section 605(a)(2), is amended by
adding at the end the following new sentence: ``After June 30,
2001, the Secretary may not differentiate between members with
dependents in pay grades E-1 through E-4 in determining what
constitutes adequate housing for members.''.
(b) Single Rate; Minimum.--Subsection (b) of such section,
as amended by section 605(b)(1), is amended by inserting after
paragraph (4) the following new paragraph:
``(5) On and after July 1, 2001, the Secretary of Defense
shall establish a single monthly rate for members of the
uniformed services with dependents in pay grades E-1 through E-
4 in the same military housing area. The rate shall be
consistent with the rates paid to members in pay grades other
than pay grades E-1 through E-4 and shall be based on the
following:
``(A) The average cost of a two-bedroom apartment
in that military housing area.
``(B) One-half of the difference between the
average cost of a two-bedroom townhouse in that area
and the amount determined in subparagraph (A).''.
SEC. 608. ELIGIBILITY OF MEMBERS IN GRADE E-4 TO RECEIVE BASIC
ALLOWANCE FOR HOUSING WHILE ON SEA DUTY.
(a) Payment Authorized.--Subsection (f)(2)(B) of section
403 of title 37, United States Code, is amended--
(1) by striking ``E-5'' in the first sentence and
inserting ``E-4 or E-5''; and
(2) by striking ``grade E-5'' in the second
sentence and inserting ``grades E-4 and E-5''.
(b) Conforming Amendment.--Subsection (m)(1)(B) of such
section is amended by striking ``E-4'' and inserting ``E-3''.
SEC. 609. PERSONAL MONEY ALLOWANCE FOR SENIOR ENLISTED MEMBERS OF THE
ARMED FORCES.
(a) Authority.--Section 414 of title 37, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Allowance for Senior Enlisted Members.--In addition
to other pay or allowances authorized by this title, a
noncommissioned officer is entitled to a personal money
allowance of $2,000 a year while serving as the Sergeant Major
of the Army, the Master Chief Petty Officer of the Navy, the
Chief Master Sergeant of the Air Force, the Sergeant Major of
the Marine Corps, or the Master Chief Petty Officer of the
Coast Guard.''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Allowance for
Officers Serving in Certain Ranks or Positions.--''
after ``(a)''; and
(2) in subsection (b), by inserting ``Allowance for
Certain Naval Officers.--'' after ``(b)''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2000.
SEC. 610. INCREASED UNIFORM ALLOWANCES FOR OFFICERS.
(a) Initial Allowance.--Section 415(a) of title 37, United
States Code, is amended by striking ``$200'' and inserting
``$400''.
(b) Additional Allowance.--Section 416(a) of such title is
amended by striking ``$100'' and inserting ``$200''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2000.
SEC. 611. CABINET-LEVEL AUTHORITY TO PRESCRIBE REQUIREMENTS AND
ALLOWANCE FOR CLOTHING OF ENLISTED MEMBERS.
Section 418 of title 37, United States Code, is amended--
(1) in subsection (a), by striking ``The
President'' and inserting ``The Secretary of Defense
and the Secretary of Transportation, with respect to
the Coast Guard when it is not operating as a service
in the Navy,''; and
(2) in subsection (b), by striking ``the
President'' and inserting ``the Secretary of Defense''.
SEC. 612. INCREASE IN MONTHLY SUBSISTENCE ALLOWANCE FOR MEMBERS OF
PRECOMMISSIONING PROGRAMS.
(a) Pay Rates for Cadets and Midshipmen.--Section 203(c) of
title 37, United States Code, is amended by striking ``at the
rate of $600.00.'' and inserting ``at the monthly rate equal to
35 percent of the basic pay of a commissioned officer in the
pay grade O-1 with less than two years of service.''.
(b) Subsistence Allowance Rates.--Subsection (a) of section
209 of such title is amended--
(1) by inserting ``(1)'' before ``Except'';
(2) by striking ``subsistence allowance of $200 a
month'' and inserting ``monthly subsistence allowance
at a rate prescribed under paragraph (2)'';
(3) by striking ``Subsistence'' and inserting the
following:
``(3) A subsistence''; and
(4) by inserting after the first sentence the
following:
``(2) The Secretary of Defense shall prescribe by
regulation the monthly rates for subsistence allowances
provided under this section. The rate may not be less than $250
per month, but may not exceed $674 per month.''.
(c) Conforming and Stylistic Amendments.--Section 209 of
such title is further amended--
(1) in subsection (a), by inserting ``Senior ROTC
Members in Advanced Training.--'' after ``(a)'';
(2) in subsection (b)--
(A) by inserting ``Senior ROTC Members
Appointed in Reserves.--'' after ``(b)''; and
(B) by striking ``in the amount provided in
subsection (a)'' and inserting ``at a rate
prescribed under subsection (a)'';
(3) in subsection (c), by inserting ``Pay While
Attending Training or Practice Cruise.--'' after
``(c)'' the first place it appears; and
(4) in subsection (d)--
(A) by inserting ``Members of Marine Corps
Officer Candidate Program.--'' after ``(d)'';
and
(B) by striking ``the same rate as that
prescribed by subsection (a),'' and inserting
``a monthly rate prescribed under subsection
(a)''.
(d) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect October 1, 2001.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 621. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR
RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically
Short Wartime Specialties.--Section 302g(f) of title 37, United
States Code, is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f)
of such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of
such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(d) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of such title is amended
by striking ``December 31, 2000'' and inserting ``December 31,
2001''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of
such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of such title is amended by striking ``December
31, 2000'' and inserting ``December 31, 2001''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of
such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(h) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of title 10, United States Code, is amended by
striking ``January 1, 2001'' and inserting ``January 1, 2002''.
SEC. 622. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR
NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND
NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking ``December 31, 2000'' and inserting ``December 31,
2001''.
(b) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2000'' and inserting ``December 31,
2001''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2000'' and inserting ``December 31,
2001''.
SEC. 623. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking ``December
31, 2000,'' and inserting ``December 31, 2001,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(c) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(e) of such title is
amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(d) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(e) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
SEC. 624. REVISION OF ENLISTMENT BONUS AUTHORITY.
(a) Bonus Authorized.--(1) Title 37, United States Code, is
amended by inserting after section 308i the following new
section:
``Sec. 309. Special pay: enlistment bonus
``(a) Bonus Authorized; Bonus Amount.--A person who enlists
in an armed force for a period of at least 2 years may be paid
a bonus in an amount not to exceed $20,000. The bonus may be
paid in a single lump sum or in periodic installments.
``(b) Repayment of Bonus.--(1) A member of the armed forces
who voluntarily, or because of the member's misconduct, does
not complete the term of enlistment for which a bonus was paid
under this section, or a member who is not technically
qualified in the skill for which the bonus was paid, if any
(other than a member who is not qualified because of injury,
illness, or other impairment not the result of the member's
misconduct), shall refund to the United States that percentage
of the bonus that the unexpired part of member's enlistment is
of the total enlistment period for which the bonus was paid.
``(2) An obligation to reimburse the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
``(3) A discharge in bankruptcy under title 11 that is
entered less than 5 years after the termination of an
enlistment for which a bonus was paid under this section does
not discharge the person receiving the bonus from the debt
arising under paragraph (1).
``(c) Relation to Prohibition on Bounties.--The enlistment
bonus authorized by this section is not a bounty for purposes
of section 514(a) of title 10.
``(d) Regulations.--This section shall be administered
under regulations prescribed by the Secretary of Defense for
the armed forces under the jurisdiction of the Secretary of
Defense and by the Secretary of Transportation for the Coast
Guard when the Coast Guard is not operating as a service in the
Navy.
``(e) Duration of Authority.--No bonus shall be paid under
this section with respect to any enlistment in the armed forces
made after December 31, 2001.''.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by inserting after the item relating to
section 308i the following new item:
``309. Special pay: enlistment bonus.''.
(b) Repeal of Superseded Enlistment Bonus Authorities.--(1)
Sections 308a and 308f of title 37, United States Code, are
repealed.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the items relating to such
sections.
(c) Effective Date.--(1) The amendments made by subsection
(a) shall take effect on October 1, 2000, and applywith respect
to enlistments in the Armed Forces made on or after that date.
(2) The amendments made by subsection (b) shall take effect
on October 1, 2000. The repeal of sections 308a and 308f of
title 37, United States Code, by such subsection shall not
affect the validity or terms of any bonus provided under such
sections for enlistments in the Armed Forces made before that
date.
SEC. 625. CONSISTENCY OF AUTHORITIES FOR SPECIAL PAY FOR RESERVE
MEDICAL AND DENTAL OFFICERS.
(a) Consistent Descriptions of Active Duty.--Section
302(h)(1) of title 37, United States Code, is amended by
inserting before the period at the end the following: ``,
including active duty in the form of annual training, active
duty for training, and active duty for special work''.
(b) Relation to Other Special Pay Authorities.--Subsection
(d) of section 302f of such title is amended to read as
follows:
``(d) Special Rule for Reserve Medical and Dental
Officers.--While a reserve medical or dental officer receives a
special pay under section 302 or 302b of this title by reason
of subsection (a), the officer shall not be entitled to special
pay under section 302(h) or 302b(h) of this title.''.
SEC. 626. ELIMINATION OF REQUIRED CONGRESSIONAL NOTIFICATION BEFORE
IMPLEMENTATION OF CERTAIN SPECIAL PAY AUTHORITY.
(a) Retention Special Pay for Optometrists.--(1) Section
302a(b)(1) of title 37, United States Code, is amended by
striking ``an officer described in paragraph (2) may be paid''
and inserting ``the Secretary concerned may pay an officer
described in paragraph (2) a''.
(2) Section 617 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 302a note)
is amended by striking subsection (b).
(b) Special Pay for Officers in Nursing Specialties.--(1)
Section 302e(b)(2)(A) of title 37, United States Code, is
amended by striking ``the Secretary'' and inserting ``the
Secretary of the military department concerned''.
(2) Section 614 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 302e note)
is amended by striking subsection (c).
SEC. 627. SPECIAL PAY FOR PHYSICIAN ASSISTANTS OF THE COAST GUARD.
Section 302c(d)(1) of title 37, United States Code, is
amended by inserting after ``nurse,'' the following: ``an
officer of the Coast Guard or Coast Guard Reserve designated as
a physician assistant,''.
SEC. 628. AUTHORIZATION OF SPECIAL PAY AND ACCESSION BONUS FOR PHARMACY
OFFICERS.
(a) Authorization of Special Pay and Bonus.--Chapter 5 of
title 37, United States Code, is amended by inserting after
section 302h the following new sections:
``Sec. 302i. Special pay: pharmacy officers
``(a) Army, Navy, and Air Force Pharmacy Officers.--Under
regulations prescribed pursuant to section 303a of this title,
the Secretary of the military department concerned may, subject
to subsection (c), pay special pay at the rates specified in
subsection (d) to an officer who--
``(1) is a pharmacy officer in the Medical Service
Corps of the Army or Navy or the Biomedical Sciences
Corps of the Air Force; and
``(2) is on active duty under a call or order to
active duty for a period of not less than one year.
``(b) Public Health Service Corps.--Subject to subsection
(c), the Secretary of Health and Human Services may pay special
pay at the rates specified in subsection (d) to an officer
who--
``(1) is an officer in the Regular or Reserve Corps
of the Public Health Service and is designated as a
pharmacy officer; and
``(2) is on active duty under a call or order to
active duty for a period of not less than one year.
``(c) Limitation.--Special pay may not be paid under this
section to an officer serving in a pay grade above pay grade O-
6.
``(d) Rate of Special Pay.--The rate of special pay paid to
an officer under subsection (a) or (b) is as follows:
``(1) $3,000 per year, if the officer is undergoing
pharmacy internship training or has less than 3 years
of creditable service.
``(2) $7,000 per year, if the officer has at least
3 but less than 6 years of creditable service and is
not undergoing pharmacy internship training.
``(3) $7,000 per year, if the officer has at least
6 but less than 8 years of creditable service.
``(4) $12,000 per year, if the officer has at least
8 but less than 12 years of creditable service.
``(5) $10,000 per year, if the officer has at least
12 but less than 14 years of creditable service.
``(6) $9,000 per year, if the officer has at least
14 but less than 18 years of creditable service.
``(7) $8,000 per year, if the officer has 18 or
more years of creditable service.
``Sec. 302j. Special pay: accession bonus for pharmacy officers
``(a) Accession Bonus Authorized.--A person who is a
graduate of an accredited pharmacy school and who, during the
period beginning on the date of the enactment of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001
and ending on September 30, 2004, executes a written agreement
described in subsection (c) to accept a commission as an
officer of a uniformed service and remain on active duty for a
period of not less than 4 years may, upon acceptance of the
agreement by the Secretary concerned, be paid an accession
bonus in an amount determined by the Secretary concerned.
``(b) Limitation on Amount of Bonus.--The amount of an
accession bonus under subsection (a) may not exceed $30,000.
``(c) Limitation on Eligibility for Bonus.--A person may
not be paid a bonus under subsection (a) if--
``(1) the person, in exchange for an agreement to
accept an appointment as a warrant or commissioned
officer, received financial assistance from the
Department of Defense or the Department of Health and
Human Services to pursue a course of study in pharmacy;
or
``(2) the Secretary concerned determines that the
person is not qualified to become and remain licensed
as a pharmacist.
``(d) Agreement.--The agreement referred to in subsection
(a) shall provide that, consistent with the needs of the
uniformed service concerned, the person executing the agreement
shall be assigned to duty, for the period of obligated service
covered by the agreement, as a pharmacy officer in the Medical
Service Corps of the Army or Navy, a biomedical sciences
officer in the Air Force designated as a pharmacy officer, or a
pharmacy officer of the Public Health Service.
``(e) Repayment.--(1) An officer who receives a payment
under subsection (a) and who fails to become and remain
licensed as a pharmacist during the period for which the
payment is made shall refund to the United States an amount
equal to the full amount of such payment.
``(2) An officer who voluntarily terminates service on
active duty before the end of the period agreed to be served
under subsection (a) shall refund to the United States an
amount that bears the same ratio to the amount paid to the
officer as the unserved part of such period bears to the total
period agreed to be served.
``(3) An obligation to reimburse the United States under
paragraph (1) or (2) is for all purposes a debt owed to the
United States.
``(4) A discharge in bankruptcy under title 11 that is
entered less than 5 years after the termination of an agreement
under this section does not discharge the person signing such
agreement from a debt arising under such agreement or this
subsection. This paragraph applies to any case commenced under
title 11 after the date of the enactment of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001.''.
(b) Administration.--Section 303a of title 37, United
States Code, is amended by striking ``302h'' each place it
appears and inserting ``302j''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 302h the following new
items:
``302i. Special pay: pharmacy officers.
``302j. Special pay: accession bonus for pharmacy officers.''.
SEC. 629. CORRECTION OF REFERENCES TO AIR FORCE VETERINARIANS.
Section 303(a) of title 37, United States Code, is
amended--
(1) in paragraph (1)(B), by striking ``who is
designated as a veterinary officer'' and inserting
``who is an officer in the Biomedical Sciences Corps
and holds a degree in veterinary medicine''; and
(2) in paragraph (2), by striking subparagraph (B)
and inserting the following:
``(B) of a reserve component of the Air
Force, of the Army or the Air Force without
specification of component, or of the National
Guard, who--
``(i) is designated as a veterinary
officer; or
``(ii) is an officer in the
Biomedical Sciences Corps of the Air
Force and holds a degree in veterinary
medicine; or''.
SEC. 630. CAREER SEA PAY.
(a) Reform of Authorities.--Section 305a of title 37,
United States Code, is amended--
(1) in subsection (a), by striking ``(a) Under
regulations prescribed by the President, a member'' and
inserting ``(a) Availability of Special Pay.--A
member'';
(2) by redesignating subsection (d) as subsection
(e); and
(3) by striking subsections (b) and (c) and
inserting the following new subsections:
``(b) Rates; Maximum.--The Secretary concerned shall
prescribe the monthly rates for special pay applicable to
members of each armed force under the Secretary's jurisdiction.
No monthly rate may exceed $750.
``(c) Premium.--A member of a uniformed service entitled to
career sea pay under this section who has served 36 consecutive
months of sea duty is also entitled to a career sea pay premium
for the thirty-seventh consecutive month and each subsequent
consecutive month of sea duty served by such member. The
monthly amount of the premium shall be prescribed by the
Secretary concerned, but may not exceed $350.
``(d) Regulations.--The Secretary concerned shall prescribe
regulations for the administration of this section for the
armed force or armed forces under the jurisdiction of the
Secretary. The entitlements under this section shall be subject
to the regulations.''.
(b) Stylistic Amendment.--Subsection (e) of such section,
as redesignated by subsection (a)(2), is amended by inserting
before ``(1)'' in paragraph (1) the following: ``Definition of
Sea
Duty.--''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2000, and shall apply with
respect to months beginning on or after that date.
SEC. 631. INCREASED MAXIMUM RATE OF SPECIAL DUTY ASSIGNMENT PAY.
Section 307(a) of title 37, United States Code, is
amended--
(1) by striking ``$275'' and inserting ``$600'';
and
(2) by striking the second sentence.
SEC. 632. ENTITLEMENT OF MEMBERS OF THE NATIONAL GUARD AND OTHER
RESERVES NOT ON ACTIVE DUTY TO RECEIVE SPECIAL DUTY
ASSIGNMENT PAY.
(a) Authority.--Section 307 of title 37, United States
Code, is amended by adding at the end the following new
subsection:
``(d)(1) Under regulations prescribed by the Secretary
concerned and to the extent provided for by appropriations,
when an enlisted member of the National Guard or a reserve
component of a uniformed service who is entitled to
compensation under section 206 of this title performs duty for
which a member described in subsection (a) is entitled to
special pay under such subsection, the member of the National
Guard or reserve component is entitled to an increase in
compensation equal to \1/30\ of the monthly special duty
assignment pay prescribed by the Secretary concerned for the
performance of that same duty by members described in
subsection (a).
``(2) A member of the National Guard or a reserve component
entitled to an increase in compensation under paragraph (1) is
entitled to the increase--
``(A) for each regular period of instruction, or
period of appropriate duty, at which the member is
engaged for at least two hours, including that
performed on a Sunday or holiday; or
``(B) for the performance of such other equivalent
training, instruction, duty, or appropriate duties, as
the Secretary may prescribe under section 206(a) of
this title.
``(3) This subsection does not apply to a member of the
National Guard or a reserve component who is entitled to basic
pay under section 204 of this title.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 2000.
SEC. 633. AUTHORIZATION OF RETENTION BONUS FOR MEMBERS OF THE ARMED
FORCES QUALIFIED IN A CRITICAL MILITARY SKILL.
(a) Bonus Authorized.--(1) Chapter 5 of title 37, United
States Code, is amended by adding at the end the following new
section:
``Sec. 323. Special pay: retention incentives for members qualified in
a critical military skill
``(a) Retention Bonus Authorized.--An officer or enlisted
member of the armed forces who is serving on active duty and is
qualified in a designated critical military skill may be paid a
retention bonus as provided in this section if--
``(1) in the case of an officer, the member
executes a written agreement to remain on active duty
for at least 1 year; or
``(2) in the case of an enlisted member, the member
reenlists or voluntarily extends the member's
enlistment for a period of at least 1 year.
``(b) Designation of Critical Skills.--(1) A designated
critical military skill referred to in subsection (a) is a
military skill designated as critical by the Secretary of
Defense, or by the Secretary of Transportation with respect to
the Coast Guard when it is not operating as a service in the
Navy.
``(2) The Secretary of Defense, and the Secretary of
Transportation with respect to the Coast Guard when it is not
operating as a service in the Navy, shall notify Congress, in
advance, of each military skill to be designated by the
Secretary as critical for purposes of this section. The notice
shall be submitted at least 90 days before any bonus with
regard to that critical skill is offered under subsection (a)
and shall include a discussion of the necessity for the bonus,
the amount and method of payment of the bonus, and the
retention results that the bonus is expected to achieve.
``(c) Payment Methods.--A bonus under this section may be
paid in a single lump sum or in periodic installments.
``(d) Maximum Bonus Amount.--A member may enter into an
agreement under this section, or reenlist or voluntarily extend
the member's enlistment, more than once to receive a bonus
under this section. However, a member may not receive a total
of more than $200,000 in payments under this section.
``(e) Certain Members Ineligible.--A retention bonus may
not be provided under subsection (a) to a member of the armed
forces who--
``(1) has completed more than 25 years of active
duty; or
``(2) will complete the member's twenty-fifth year
of active duty before the end of the period of active
duty for which the bonus is being offered.
``(f) Relationship to Other Incentives.--A retention bonus
paid under this section is in addition to any other pay and
allowances to which a member is entitled.
``(g) Repayment of Bonus.--(1) If an officer who has
entered into a written agreement under subsection (a) fails to
complete the total period of active duty specified in the
agreement, or an enlisted member who voluntarily or because of
misconduct does not complete the term of enlistment for which a
bonus was paid under this section, the Secretary of Defense,
and the Secretary of Transportation with respect to members of
the Coast Guard when it is not operating as a service in the
Navy, may require the member to repay the United States, on a
pro rata basis and to the extent that the Secretary determines
conditions and circumstances warrant, all sums paid under this
section.
``(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
``(3) A discharge in bankruptcy under title 11 that is
entered less than 5 years after the termination of a written
agreement entered into under subsection (a) does not discharge
the member from a debt arising under paragraph (2).
``(h) Annual Report.--Not later than February 15 of each
year, the Secretary of Defense and the Secretary of
Transportation shall submit to Congress a report--
``(1) analyzing the effect, during the preceding
fiscal year, of the provision of bonuses under this
section on the retention of members qualified in the
critical military skills for which the bonuses were
offered; and
``(2) describing the intentions of the Secretary
regarding the continued use of the bonus authority
during the current and next fiscal years.
``(i) Termination of Bonus Authority.--No bonus may be paid
under this section with respect to any reenlistment, or
voluntary extension of an enlistment, in the armed forces
entered into after December 31, 2001, and no agreement under
this section may be entered into after that date.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``323. Special pay: retention incentives for members qualified in a
critical military skill.''.
(b) Effective Date.--Section 323 of title 10, United States
Code, as added by subsection (a), shall take effect on October
1, 2000.
SEC. 634. ENTITLEMENT OF ACTIVE DUTY OFFICERS OF THE PUBLIC HEALTH
SERVICE CORPS TO SPECIAL PAYS AND BONUSES OF HEALTH
PROFESSIONAL OFFICERS OF THE ARMED FORCES.
(a) In General.--Section 303a of title 37, United States
Code, is amended--
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d); and
(2) by inserting after subsection (a) the following
new subsection (b):
``(b)(1) Except as provided in paragraph (2) or as
otherwise provided under a provision of this chapter, a
commissioned officer in the Regular or Reserve Corps of the
Public Health Service is entitled to special pay under a
provision of this chapter in the same amounts, and under the
same terms and conditions, as a commissioned officer of the
armed forces is entitled to special pay under that provision.
``(2) A commissioned medical officer in the Regular or
Reserve Corps of the Public Health Service (other than an
officer serving in the Indian Health Service) may not receive
additional special pay under section 302(a)(4) of this title
for any period during which the officer is providing obligated
service under the following provisions of law:
``(A) Section 338B of the Public Health Service Act
(42 U.S.C. 254l-1).
``(B) Section 225(e) of the Public Health Service
Act, as that section was in effect before October 1,
1977.
``(C) Section 752 of the Public Health Service Act,
as that section was in effect between October 1, 1977,
and August 13, 1981.''.
(b) Repeal of Superseded Provisions.--Section 208(a) of the
Public Health Service Act (42 U.S.C. 210(a)) is amended--
(1) by striking paragraphs (2) and (3); and
(2) by inserting after paragraph (1) the following
new paragraph (2):
``(2) For provisions relating to the receipt of special pay
by commissioned officers of the Regular and Reserve Corps while
on active duty, see section 303a(b) of title 37, United States
Code.''.
Subtitle C--Travel and Transportation Allowances
SEC. 641. ADVANCE PAYMENTS FOR TEMPORARY LODGING OF MEMBERS AND
DEPENDENTS.
(a) Subsistence Expenses.--Section 404a of title 37, United
States Code, is amended--
(1) by redesignating subsections (b) and (c) as
subsections (d) and (e), respectively; and
(2) by striking subsection (a) and inserting the
following:
``(a) Payment or Reimbursement of Subsistence Expenses.--
(1) Under regulations prescribed by the Secretaries concerned,
a member of a uniformed service who is ordered to make a change
of permanent station described in paragraph (2) shall be paid
or reimbursed for subsistence expenses of the member and the
member's dependents for the period (subject to subsection (c))
for which the member and dependents occupy temporary quarters
incident to that change of permanent station.
``(2) Paragraph (1) applies to the following:
``(A) A permanent change of station from any duty
station to a duty station in the United States (other
than Hawaii or Alaska).
``(B) A permanent change of station from a duty
station in the United States (other than Hawaii or
Alaska) to a duty station outside the United States or
in Hawaii or Alaska.
``(C) In the case of an enlisted member who is
reporting to the member's first permanent duty station,
the change from the member's home of record or initial
technical school to that first permanent duty station.
``(b) Payment in Advance.--The Secretary concerned may make
any payment for subsistence expenses to a member under this
section in advance of the member actually incurring the
expenses. The amount of an advance payment made to a member
shall be computed on the basis of the Secretary's determination
of the average number of days that members and their dependents
occupy temporary quarters under the circumstances applicable to
the member and the member's dependents.
``(c) Maximum Payment Period.--(1) In the case of a change
of permanent station described in subparagraph (A) or (C) of
subsection (a)(2), the period for which subsistence expenses
are to be paid or reimbursed under this section may not exceed
10 days.
``(2) In the case of a change of permanent station
described in subsection (a)(2)(B)--
``(A) the period for which such expenses are to be
paid or reimbursed under this section may not exceed
five days; and
``(B) such payment or reimbursement may be provided
only for expenses incurred before leaving the United
States (other than Hawaii or Alaska).''.
(b) Per Diem.--Section 405 of such title is amended to read
as follows:
``Sec. 405. Travel and transportation allowances: per diem while on
duty outside the United States or in Hawaii or
Alaska
``(a) Per Diem Authorized.--Without regard to the monetary
limitation of this title, the Secretary concerned may pay a per
diem to a member of the uniformed services who is on duty
outside of the United States or in Hawaii or Alaska, whether or
not the member is in a travel status. The Secretary may pay the
per diem in advance of the accrual of the per diem.
``(b) Determination of Per Diem.--In determining the per
diem to be paid under this section, the Secretary concerned
shall consider all elements of the cost of living to members of
the uniformed services under the Secretary's jurisdiction and
their dependents, including the cost of quarters, subsistence,
and other necessary incidental expenses. However, dependents
may not be considered in determining the per diem allowance for
a member in a travel status.
``(c) Treatment of Housing Cost and Allowance.--Housing
cost and allowance may be disregarded in prescribing a station
cost of living allowance under this section.''.
(c) Stylistic Amendments.--Section 404a of such title is
further amended--
(1) in subsection (d), as redesignated by
subsection (a), by striking ``(d)'' and inserting ``(d)
Daily Subsistence
Rates.--''; and
(2) in subsection (e), as redesignated by
subsection (a), by striking ``(e)'' and inserting ``(e)
Maximum Daily Payment.--''.
SEC. 642. ADDITIONAL TRANSPORTATION ALLOWANCE REGARDING BAGGAGE AND
HOUSEHOLD EFFECTS.
(a) Pet Quarantine Fees.--Section 406(a)(1) of title 37,
United States Code, is amended by adding at the end the
following new sentence: ``The Secretary concerned may also
reimburse the member for mandatory pet quarantine fees for
household pets, but not to exceed $275 per change of station,
when the member incurs the fees incident to such change of
station.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 2000.
SEC. 643. INCENTIVE FOR SHIPPING AND STORING HOUSEHOLD GOODS IN LESS
THAN AVERAGE WEIGHTS.
Section 406(b)(1) of title 37, United States Code, is
amended by adding at the end the following new subparagraph:
``(G) Under regulations prescribed by the Secretary of
Defense, the Secretary concerned may pay a member a share
(determined pursuant to such regulations) of the savings
resulting to the United States when the total weights of the
member's baggage and household effects shipped and stored under
subparagraph (A) are less than the average weights of the
baggage and household effects that are shipped and stored,
respectively, by other members in the same grade and with the
same dependents status as the member in connection with changes
of station that are comparable to the member's change of
station. The total savings shall be equal to the difference
between the cost of shipping and cost of storing such average
weights of baggage and household effects, respectively, and the
corresponding costs associated with the weights of the member's
baggage and household effects. For the administration of this
subparagraph, the Secretary of Defense shall annually determine
the average weights of baggage and household effects shipped
and stored in connection with a change of temporary or
permanent station.''.
SEC. 644. EQUITABLE DISLOCATION ALLOWANCES FOR JUNIOR ENLISTED MEMBERS.
Section 407(c)(1) of title 37, United States Code, is
amended by inserting before the period at the end the
following: ``, except that the Secretary concerned may not
differentiate between members with dependents in pay grades E-1
through E-5''.
SEC. 645. AUTHORITY TO REIMBURSE MILITARY RECRUITERS, SENIOR ROTC
CADRE, AND MILITARY ENTRANCE PROCESSING PERSONNEL
FOR CERTAIN PARKING EXPENSES.
(a) Reimbursement Authority.--Chapter 7 of title 37, United
States Code, is amended by inserting after section 411h the
following new section:
``Sec. 411i. Travel and transportation allowances: parking expenses
``(a) Reimbursement Authority.--Under regulations
prescribed by the Secretary of Defense, the Secretary of a
military department may reimburse eligible Department of
Defense personnel for expenses incurred after October 1, 2001,
for parking a privately owned vehicle at a place of duty
described in subsection (b).
``(b) Eligibility.--A member of the Army, Navy, Air Force,
or Marine Corps or an employee of the Department of Defense may
be reimbursed under subsection (a) for parking expenses while--
``(1) assigned to duty as a recruiter for any of
the armed forces;
``(2) assigned to duty at a military entrance
processing facility of the armed forces; or
``(3) detailed for instructional and administrative
duties at any institution where a unit of the Senior
Reserve Officers' Training Corps is maintained.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 411h the following new item:
``411i. Travel and transportation allowances: parking expenses.''.
SEC. 646. EXPANSION OF FUNDED STUDENT TRAVEL FOR DEPENDENTS.
Section 430 of title 37, United States Code, is amended--
(1) in subsections (a)(3) and (b)(1), by striking
``for the purpose of obtaining a secondary or
undergraduate college education'' and inserting ``for
the purpose of obtaining a formal education''; and
(2) in subsection (f)--
(A) by striking ``In this section, the
term'' and inserting the following:
``In this section:
``(1) The term''; and
(B) by adding at the end the following new
subparagraph:
``(2) The term `formal education' means the
following:
``(A) A secondary education.
``(B) An undergraduate college education.
``(C) A graduate education pursued on a
full-time basis at an institution of higher
education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)).
``(D) Vocational education pursued on a
full-time basis at a post-secondary vocational
institution (as defined in section 102(c) of
the Higher Education Act of 1965 (20 U.S.C.
1002(c))).''.
Subtitle D--Retirement and Survivor Benefit Matters
SEC. 651. EXCEPTION TO HIGH-36 MONTH RETIRED PAY COMPUTATION FOR
MEMBERS RETIRED FOLLOWING A DISCIPLINARY REDUCTION
IN GRADE.
Section 1407 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``The retired
pay base'' and inserting ``Except as provided in
subsection (f), the retired pay base''; and
(2) by adding at the end the following new
subsection:
``(f) Exception for Enlisted Members Reduced in Grade and
Officers Who Do Not Serve Satisfactorily in Highest Grade
Held.--
``(1) Computation based on pre-high-three rules.--
In the case of a member or former member described in
paragraph (2), the retired pay base or retainer pay
base is determined under section 1406 of this title in
the same manner as if the member or former member first
became a member of a uniformed service before September
8, 1980.
``(2) Affected members.--A member or former member
referred to in paragraph (1) is a member or former
member who by reason of conduct occurring after the
date of the enactment of this subsection--
``(A) in the case of a member retired in an
enlisted grade or transferred to the Fleet
Reserve or Fleet Marine Corps Reserve, was at
any time reduced in grade as the result of a
court-martial sentence, nonjudicial punishment,
or an administrative action, unless the member
was subsequently promoted to a higher enlisted
grade or appointed to a commissioned or warrant
grade; and
``(B) in the case of an officer, is retired
in a grade lower than the highest grade in
which served by reason of denial of a
determination or certification under section
1370 of this title that the officer served on
active duty satisfactorily in that grade.
``(3) Special rule for enlisted members.--In the
case of a member who retires within three years after
having been reduced in grade as described in paragraph
(2)(A), who retires in an enlisted grade that is lower
than the grade from which reduced, and who would be
subject to paragraph (1) but for a subsequent promotion
to a higher enlisted grade or a subsequent appointment
to a warrant or commissioned grade, the rates of basic
pay used in the computation of the member's high-36
average for the period of the member's service in a
grade higher than the grade in which retired shall be
the rates of pay that would apply if the member had
been serving for that period in the grade in which
retired.''.
SEC. 652. INCREASE IN MAXIMUM NUMBER OF RESERVE RETIREMENT POINTS THAT
MAY BE CREDITED IN ANY YEAR.
Section 12733(3) of title 10, United States Code, is
amended by striking ``but not more than'' and all that follows
and inserting ``but not more than--
``(A) 60 days in any one year of service
before the year of service that includes
September 23, 1996;
``(B) 75 days in the year of service that
includes September 23, 1996, and in any
subsequent year of service before the year of
service that includes the date of the enactment
of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001; and
``(C) 90 days in the year of service that
includes the date of the enactment of the Floyd
D. Spence National Defense Authorization Act
for Fiscal Year 2001 and in any subsequent year
of service.''.
SEC. 653. RETIREMENT FROM ACTIVE RESERVE SERVICE AFTER REGULAR
RETIREMENT.
(a) Conversion to Reserve Retirement.--(1) Chapter 1223 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 12741. Retirement from active reserve service performed after
regular retirement
``(a) Election of Reserve Retired Pay.--A person who, after
becoming entitled to retired or retainer pay under chapter 65,
367, 571, or 867 of this title, serves in an active status in a
reserve component is entitled to retired pay under this chapter
if--
``(1) the person would, but for paragraphs (3) and
(4) of section 12731(a) of this title, otherwise be
entitled to retired pay under this chapter;
``(2) the person elects under this section to
receive retired pay under this chapter; and
``(3) the person's service in an active status
after having become entitled to retired or retainer pay
under that chapter is determined by the Secretary
concerned to have been satisfactory.
``(b) Actions To Effectuate Election.--As of the effective
date of an election made by a person under subsection (a), the
Secretary concerned shall--
``(1) terminate the person's entitlement to retired
or retainer pay under the applicable chapter of this
title referred to in subsection (a); and
``(2) in the case of a reserve commissioned
officer, transfer the officer to the Retired Reserve.
``(c) Time and Form of Election.--An election under
subsection (b) shall be made within such time and in such form
as the Secretary concerned requires.
``(d) Effective Date of Election.--An election made by a
person under subsection (b) shall be effective--
``(1) except as provided in paragraph (2)(B), as of
the date on which the person attains 60 years of age,
if the Secretary concerned receives the election in
accordance with this section within 180 days after that
date; or
``(2) on the first day of the first month that
begins after the date on which the Secretary concerned
receives the election in accordance with this section,
if--
``(A) the date of the receipt of the
election is more than 180 days after the date
on which the person attains 60 years of age; or
``(B) the person retires from service in an
active status within that 180-day period.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``12741. Retirement from active service performed after regular
retirement.''.
(b) Effective Date.--Section 12741 of title 10, United
States Code, as added by subsection (a), shall take effect 180
days after the date of the enactment of this Act and shall
apply with respect to retired pay payable for months beginning
on of after that effective date.
SEC. 654. SAME TREATMENT FOR FEDERAL JUDGES AS FOR OTHER FEDERAL
OFFICIALS REGARDING PAYMENT OF MILITARY RETIRED
PAY.
(a) Article III Judges.--(1) Section 371 of title 28,
United States Code, is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e).
(2) Subsection (b) of such section is amended by striking
``subsection (f)'' each place it appears and inserting
``subsection (e)''.
(b) Judges of United States Court of Federal Claims.--(1)
Section 180 of title 28, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 7 of
such title is amended by striking the item relating to section
180.
(c) Retroactive Effective Date.--The amendments made by
this section shall take effect as of October 1, 1999.
SEC. 655. RESERVE COMPONENT SURVIVOR BENEFIT PLAN SPOUSAL CONSENT
REQUIREMENT.
(a) Eligible Participants.--Subsection (a)(2)(B) of section
1448 of title 10, United States Code, is amended to read as
follows:
``(B) Reserve-component annuity
participants.--A person who (i) is eligible to
participate in the Plan under paragraph (1)(B),
and (ii) is married or has a dependent child
when he is notified under section 12731(d) of
this title that he has completed the years of
service required for eligibility for reserve-
component retired pay, unless the person elects
(with his spouse's concurrence, if required
under paragraph (3)) not to participate in the
Plan before the end of the 90-day period
beginning on the date on which he receives that
notification.''.
(b) Subsequent Election To Participate.--Subsection
(a)(3)(B) of such section is amended--
(1) by striking ``who elects to provide'' and
inserting ``who is eligible to provide'';
(2) by redesignating clauses (i) and (ii) as
clauses (iii) and (iv), respectively; and
(3) by inserting before clause (iii) (as so
redesignated) the following new clauses:
``(i) not to participate in the
Plan;
``(ii) to designate under
subsection (e)(2) the effective date
for commencement of annuity payments
under the Plan in the event that the
member dies before becoming 60 years of
age to be the 60th anniversary of the
member's birth (rather than the day
after the date of the member's
death);''.
(c) Conforming Amendments.--Subchapter II of chapter 73 of
such title is further amended--
(1) in section 1448(a)(2), by striking ``described
in clauses (i) and (ii)'' in the sentence following
subparagraph (B) (as amended by subsection (a)) and all
that follows through ``that clause'' and inserting
``who elects under subparagraph (B) not to participate
in the Plan'';
(2) in section 1448(a)(4)--
(A) by striking ``not to participate in the
Plan'' in subparagraph (A); and
(B) by striking ``to participate in the
Plan'' in subparagraph (B);
(3) in section 1448(e), by striking ``a person
electing to participate'' and all that follows through
``making such election'' and inserting ``a person is
required to make a designation under this subsection,
the person''; and
(4) in section 1450(j)(1), by striking ``An
annuity'' and all that follows through the period and
inserting ``A reserve-component annuity shall be
effective in accordance with the designation made under
section 1448(e) of this title by the person providing
the annuity.''.
(d) Effective Date.--The amendments made by this section
apply only with respect to a notification under section
12731(d) of title 10, United States Code, made after January 1,
2001, that a member of a reserve component has completed the
years of service required for eligibility for reserve-component
retired pay.
SEC. 656. SENSE OF CONGRESS ON INCREASING SURVIVOR BENEFIT PLAN
ANNUITIES FOR SURVIVING SPOUSES AGE 62 OR OLDER.
(a) Sense of Congress.--It is the sense of Congress that,
subject to the requirements and limitations of congressional
budget procedures relating to the enactment of new (or
increased) entitlement authority, there should be enacted
legislation that increases the annuities provided under the
Survivor Benefit Plan program for surviving spouses who are 62
years of age or older in order to reduce (and eventually
eliminate) the different levels of annuities under that program
for surviving spouses who are under age 62 and those who are 62
years of age and older.
(b) Survivor Benefit Plan.--For purposes of this section,
the term ``Survivor Benefit Plan program'' means the program of
annuities for survivors of members of the uniformed services
provided under subchapter II of chapter 73 of title 10, United
States Code.
SEC. 657. REVISION TO SPECIAL COMPENSATION AUTHORITY TO REPEAL
EXCLUSION OF UNIFORMED SERVICES RETIREES IN RECEIPT
OF DISABILITY RETIRED PAY.
(a) Eligibility for Chapter 61 Retirees.--Section 1413(c)
of title 10, United States Code, is amended by striking
``(other than a member who is retired under chapter 61 of this
title)''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2001, and shall apply to months
that begin on or after that date. No benefit may be paid under
section 1413 of title 10, United States Code, to any person by
reason of the amendment made by subsection (a) for any period
before that date.
Subtitle E--Other Matters
SEC. 661. PARTICIPATION IN THRIFT SAVINGS PLAN.
(a) Effective Date of Authority To Participate.--Section
663 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65; 113 Stat. 673; 5 U.S.C. 8440 note) is
amended to read as follows:
``SEC. 663. EFFECTIVE DATE.
``(a) In General.--Except as provided in subsection (b),
the amendments made by this subtitle shall take effect 180 days
after the date of the enactment of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001.
``(b) Postponement Authority.--(1) The Secretary of Defense
may postpone by up to 180 days after the date that would
otherwise apply under subsection (a)--
``(A) the date as of which the amendments made by
this subtitle shall take effect; or
``(B) the date as of which section 211(a)(2) of
title 37, United States Code (as added by this
subtitle) shall take effect.
``(2) Postponement authority under this subsection may be
exercised only to the extent that the failure to do so would
prevent the Federal Retirement Thrift Investment Board from
being able to provide timely and accurate services to investors
or would place an excessive burden on the administrative
capacity of the Board to accommodate participants in the Thrift
Savings Plan, as determined by the Secretary of Defense after
consultation with the Executive Director (appointed by the
Board).
``(3) Paragraph (1) includes the authority to postpone the
effective date of the amendments made by this subtitle (apart
from section 211(a)(2) of title 37, United States Code), and
the effective date of such section 211(a)(2), by different
lengths of time.
``(4) The Secretary shall notify the congressional defense
committees, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of
the Senate of any determination made under this subsection.''.
(b) Regulations.--Section 661(b) of such Act (113 Stat.
672; 5 U.S.C. 8440e note) is amended by striking ``the date on
which'' and all that follows through ``later,'' and inserting
``the 180th day after the date of the enactment of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001,''.
(c) Conforming Amendment.--Section 8440e(b)(2)(B)(i) of
title 5, United States Code, is amended by striking ``as of''
and all that follows through ``thereof)'' and inserting ``as of
the effective date that applies with respect to such individual
under section 663 of the National Defense Authorization Act for
Fiscal Year 2000''.
SEC. 662. DETERMINATIONS OF INCOME ELIGIBILITY FOR SPECIAL SUPPLEMENTAL
FOOD PROGRAM.
Section 1060a(c)(1)(B) of title 10, United States Code, is
amended by striking the second sentence and inserting the
following new sentence: ``In the application of such criterion,
the Secretary shall exclude from income any basic allowance for
housing as permitted under section 17(d)(2)(B) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)).''.
SEC. 663. BILLETING SERVICES FOR RESERVE MEMBERS TRAVELING FOR
INACTIVE-DUTY TRAINING.
(a) In General.--(1) Chapter 1217 of title 10, United
States Code, is amended by inserting after section 12603 the
following new section:
``Sec. 12604. Billeting in Department of Defense facilities: Reserves
attending inactive-duty training
``(a) Authority for Billeting on Same Basis as Active Duty
Members Traveling Under Orders.--The Secretary of Defense shall
prescribe regulations authorizing a Reserve traveling to
inactive-duty training at a location more than 50 miles from
that Reserve's residence to be eligible for billeting in
Department of Defense facilities on the same basis and to the
same extent as a member of the armed forces on active duty who
is traveling under orders away from the member's permanent duty
station.
``(b) Proof of Reason for Travel.--The Secretary shall
include in the regulations the means for confirming a Reserve's
eligibility for billeting under subsection (a).''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
12603 the following new item:
``12604. Billeting in Department of Defense facilities: Reserves
attending inactive-duty training.''.
(b) Effective Date.--Section 12604 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to periods of inactive-duty training beginning more
than 180 days after the date of the enactment of this Act.
SEC. 664. SETTLEMENT OF CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED LEAVE
AND FOR RETIRED PAY.
(a) Claims for Payments for Unused Accrued Leave.--
Subsection (a)(1)(A) of section 3702 of title 31, United States
Code, is amended by inserting ``payments for unused accrued
leave,'' after ``transportation,''.
(b) Waiver of Time Limitations.--Subsection (e)(1) of such
section is amended by striking ``claim for pay or allowances
provided under title 37'' and inserting ``claim for pay,
allowances, or payment for unused accrued leave under title 37
or a claim for retired pay under title 10''.
SEC. 665. ADDITIONAL BENEFITS AND PROTECTIONS FOR PERSONNEL INCURRING
INJURY, ILLNESS, OR DISEASE IN THE PERFORMANCE OF
FUNERAL HONORS DUTY.
(a) Incapacitation Pay.--Section 204 of title 37, United
States Code, is amended--
(1) in subsection (g)(1)--
(A) by striking ``or'' at the end of
subparagraph (C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; or''; and
(C) by adding at the end the following:
``(E) in line of duty while--
``(i) serving on funeral honors duty under
section 12503 of title 10 or section 115 of
title 32;
``(ii) traveling to or from the place at
which the duty was to be performed; or
``(iii) remaining overnight at or in the
vicinity of that place immediately before so
serving, if the place is outside reasonable
commuting distance from the member's
residence.''; and
(2) in subsection (h)(1)--
(A) by striking ``or'' at the end of
subparagraph (C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; or''; and
(C) by adding at the end the following:
``(E) in line of duty while--
``(i) serving on funeral honors duty under
section 12503 of title 10 or section 115 of
title 32;
``(ii) traveling to or from the place at
which the duty was to be performed; or
``(iii) remaining overnight at or in the
vicinity of that place immediately before so
serving, if the place is outside reasonable
commuting distance from the member's
residence.''.
(b) Tort Claims.--Section 2671 of title 28, United States
Code, is amended by inserting ``115,'' in the second paragraph
after ``members of the National Guard while engaged in training
or duty under section''.
(c) Applicability.--(1) The amendments made by subsection
(a) shall apply with respect to months beginning on or after
the date of the enactment of this Act.
(2) The amendment made by subsection (b) shall apply with
respect to acts and omissions occurring before, on, or after
the date of the enactment of this Act.
SEC. 666. AUTHORITY FOR EXTENSION OF DEADLINE FOR FILING CLAIMS
ASSOCIATED WITH CAPTURE AND INTERNMENT OF CERTAIN
PERSONS BY NORTH VIETNAM.
Section 657(d)(1) of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2585) is
amended by adding at the end the following new sentence: ``The
Secretary may, in the case of any claim under this section,
extend the time limitation under the preceding sentence by up
to 18 months if the Secretary determines that such an extension
in the case of that claim is necessary to prevent an injustice
or that failure of the claimant to file the claim within that
time limitation is due to excusable neglect.''.
SEC. 667. BACK PAY FOR MEMBERS OF THE NAVY AND MARINE CORPS SELECTED
FOR PROMOTION WHILE INTERNED AS PRISONERS OF WAR
DURING WORLD WAR II.
(a) Entitlement of Former Prisoners of War.--Upon receipt
of a claim made in accordance with this section, the Secretary
of the Navy shall pay, from any appropriation currently
available to the Secretary, back pay to any person who, by
reason of being interned as a prisoner of war while serving as
a member of the Navy or the Marine Corps during World War II,
was not available to accept a promotion for which the person
had been selected.
(b) Payment to Surviving Spouse of Deceased Former
Member.--In the case of a person described in subsection (a)
who is deceased, the back pay for that person under this
section shall be paid to the living surviving spouse of that
person, if any. If there is no living surviving spouse, no
claim may be paid under this section with respect to that
person.
(c) Amount of Back Pay.--(1) The amount of back pay payable
to or for a person described in subsection (a) is the amount
equal to the difference between--
(A) the total amount of basic pay that would have
been paid to that person for service in the Navy or the
Marine Corps for the back-pay computation period if the
person had been promoted to the grade to which selected
to be promoted; and
(B) the total amount of basic pay that was actually
paid to or for that person for such service for the
back-pay computation period.
(2) For purposes of paragraph (1), the back-pay computation
period for a person covered by subsection (a) is the period--
(A) beginning on the date (as determined by the
Secretary of the Navy) as of when that person's
promotion would have been effective for pay purposes
but for the person's internment as a prisoner of war;
and
(B) ending on the earliest of--
(i) the date of the person's discharge or
release from active duty;
(ii) the date on which the person's
promotion to that grade in fact became
effective for pay purposes; and
(iii) the end of World War II.
(d) Time Limitations.--(1) To be eligible for a payment
under this section, a claimant must file a claim for such
payment with the Secretary of the Navy within two years after
the effective date of the regulations prescribed to carry out
this section.
(2) Not later than 18 months after receiving a claim for
payment under this section, the Secretary shall determine the
eligibility of the claimant for payment of the claim. Subject
to subsection (f), if the Secretary determines that the
claimant is eligible for the payment, the Secretary shall
promptly pay the claim.
(e) Regulations.--Not later than six months after the date
of the enactment of this Act, the Secretary of the Navy shall
prescribe regulations to carry out this section. Such
regulations shall include procedures by which persons may
submit claims for payment under this section.
(f) Limitation on Disbursement.--(1) Notwithstanding any
power of attorney, assignment of interest, contract, or other
agreement, the actual disbursement of a payment of back pay
under this section may be made only to a person who is eligible
for the payment under subsection (a) or (b).
(2) In the case of a claim approved for payment but not
disbursed as a result of paragraph (1), the Secretary shall
hold the funds in trust for the person in an interest bearing
account until such time as the person makes an election under
such paragraph.
(g) Attorney Fees.--Notwithstanding any contract, the
representative of a person may not receive, for services
rendered in connection with the claim of, or with respect to, a
person under this section, more than 10 percent of the amount
of a payment made under this section on that claim.
(h) Outreach.--The Secretary of the Navy shall take such
actions as are necessary to ensure that the benefits and
eligibility for benefits under this section are widely
publicized by means designed to provide actual notice of the
availability of the benefits in a timely manner to the maximum
number of eligible persons practicable.
(i) Definition.--In this section, the term ``World War II''
has the meaning given that term in section 101(8) of title 38,
United States Code.
SEC. 668. SENSE OF CONGRESS CONCERNING FUNDING FOR RESERVE COMPONENTS.
It is the sense of Congress that it is in the national
interest for the President, in the President's Budget for each
fiscal year, to provide funds for the reserve components of the
Armed Forces at a level sufficient to ensure that the reserve
components are able to meet the requirements, including
training requirements, specified for them in the National
Military Strategy.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Provision of domiciliary and custodial care for CHAMPUS
beneficiaries and certain former CHAMPUS beneficiaries.
Sec. 702. Chiropractic health care for members on active duty.
Sec. 703. School-required physical examinations for certain minor
dependents.
Sec. 704. Two-year extension of dental and medical benefits for
surviving dependents of certain deceased members.
Sec. 705. Two-year extension of authority for use of contract physicians
at military entrance processing stations and elsewhere outside
medical treatment facilities.
Sec. 706. Medical and dental care for Medal of Honor recipients.
Subtitle B--Senior Health Care
Sec. 711. Implementation of TRICARE senior pharmacy program.
Sec. 712. Conditions for eligibility for CHAMPUS and TRICARE upon the
attainment of age 65; expansion and modification of medicare
subvention project.
Sec. 713. Accrual funding for health care for medicare-eligible retirees
and dependents.
Subtitle C--TRICARE Program
Sec. 721. Improvement of access to health care under the TRICARE
program.
Sec. 722. Additional beneficiaries under TRICARE Prime Remote program in
the continental United States.
Sec. 723. Modernization of TRICARE business practices and increase of
use of military treatment facilities.
Sec. 724. Extension of TRICARE managed care support contracts.
Sec. 725. Report on protections against health care providers seeking
direct reimbursement from members of the uniformed services.
Sec. 726. Voluntary termination of enrollment in TRICARE retiree dental
program.
Sec. 727. Claims processing improvements.
Sec. 728. Prior authorizations for certain referrals and
nonavailability-of-health-care statements.
Subtitle D--Demonstration Projects
Sec. 731. Demonstration project for expanded access to mental health
counselors.
Sec. 732. Teleradiology demonstration project.
Sec. 733. Health care management demonstration program.
Subtitle E--Joint Initiatives With Department of Veterans Affairs
Sec. 741. VA-DOD sharing agreements for health services.
Sec. 742. Processes for patient safety in military and veterans health
care systems.
Sec. 743. Cooperation in developing pharmaceutical identification
technology.
Subtitle F--Other Matters
Sec. 751. Management of anthrax vaccine immunization program.
Sec. 752. Elimination of copayments for immediate family.
Sec. 753. Medical informatics.
Sec. 754. Patient care reporting and management system.
Sec. 755. Augmentation of Army Medical Department by detailing Reserve
officers of the Public Health Service.
Sec. 756. Privacy of Department of Defense medical records.
Sec. 757. Authority to establish special locality-based reimbursement
rates; reports.
Sec. 758. Reimbursement for certain travel expenses.
Sec. 759. Reduction of cap on payments.
Sec. 760. Training in health care management and administration.
Sec. 761. Studies on feasibility of sharing biomedical research
facility.
Sec. 762. Study on comparability of coverage for physical, speech, and
occupational therapies.
Subtitle A--Health Care Services
SEC. 701. PROVISION OF DOMICILIARY AND CUSTODIAL CARE FOR CHAMPUS
BENEFICIARIES AND CERTAIN FORMER CHAMPUS
BENEFICIARIES.
(a) Continuation of Care for Certain CHAMPUS
Beneficiaries.--Section 703(a)(1) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 682; 10 U.S.C. 1077 note) is amended by inserting before
the period at the end the following: ``or by the prohibition in
section 1086(d)(1) of such title''.
(b) Reimbursement for Services Provided.--Section 703(a) of
such Act is further amended by adding at the end the following
new paragraph:
``(4) The Secretary may provide payment for domiciliary or
custodial care services provided to an eligible beneficiary for
which payment was discontinued by reason of section 1086(d) of
title 10, United States Code, and subsequently reestablished
under other legal authority. Such payment is authorized for the
period beginning on the date of discontinuation of payment for
domiciliary or custodial care services and ending on the date
of reestablishment of payment for such services.''.
(c) Cost Limitation for Individual Case Management
Program.--(1) Section 1079(a)(17) of title 10, United States
Code, is amended--
(A) by inserting ``(A)'' after ``(17)''; and
(B) by adding at the end the following:
``(B) The total amount expended under subparagraph
(A) for a fiscal year may not exceed $100,000,000.''.
(2) Section 703 of the National Defense Authorization Act
for Fiscal Year 2000 is further amended by adding at the end
the following:
``(e) Cost Limitation.--The total amount paid for services
for eligible beneficiaries under subsection (a) for a fiscal
year (together with the costs of administering the authority
under that subsection) shall be included in the expenditures
limited by section 1079(a)(17)(B) of title 10, United States
Code.''.
(3) The amendments made by paragraphs (1) and (2) shall
apply to fiscal years after fiscal year 1999.
(d) Study Required.--(1) Not later than the date that is
three months after the date of the enactment of this Act, the
Comptroller General of the United States shall undertake a
study to evaluate the coordination and effectiveness of the
supplemental disability health care programs of the Department
of Defense, the Program for Persons with Disabilities and the
Individual Case Management Program for Persons with
Disabilities, as such programs relate to other elements of the
TRICARE program in meeting the health care needs of disabled
dependents of members of the Armed Forces on active duty. The
Comptroller General shall examine--
(A) the number of such dependents who receive
services under the Program for Persons with
Disabilities, and the number of beneficiaries receiving
care under the Individual Case Management Program for
Persons with Disabilities, and a description of the
patterns of use and expenditures for services provided
under such programs;
(B) the effectiveness of the existing system for
coordinating the provision of services under the
TRICARE program and the supplemental disability
programs of the Department of Defense, including the
comprehensiveness of services and the cost
effectiveness of providing services;
(C) the extent to which the monthly maximum benefit
imposed under current law under the Program for Persons
with Disabilities affects the ability of beneficiaries
to obtain needed health care services;
(D) the number of beneficiaries who are receiving
services that supplement services to the TRICARE
program under the Program for Persons with Disabilities
and the Individual Case Management Program for Persons
with Disabilities; and
(E) the extent to which costs or lack of coverage
for health care services for disabled dependents of
members of the Armed Forces on active duty under
existing military health care programs has caused
increased enrollment of such dependents in medicaid
programs.
(2) Not later than April 16, 2001, the Comptroller General
shall submit to Congress a report on the results of the study
under this section, including recommendations for legislative
or administrative changes for providing a comprehensive,
efficient, and complete system of health care services for
disabled dependents of members of the Armed Forces on active
duty.
SEC. 702. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.
(a) Plan Required.--(1) Not later than March 31, 2001, the
Secretary of Defense shall complete development of a plan to
provide chiropractic health care services and benefits, as a
permanent part of the Defense Health Program (including the
TRICARE program), for all members of the uniformed services who
are entitled to care under section 1074(a) of title 10, United
States Code.
(2) The plan shall provide for the following:
(A) Access, at designated military medical
treatment facilities, to the scope of chiropractic
services as determined by the Secretary, which
includes, at a minimum, care for neuro-musculoskeletal
conditions typical among military personnel on active
duty.
(B) A detailed analysis of the projected costs of
fully integrating chiropractic health care services
into the military health care system.
(C) An examination of the proposed military medical
treatment facilities at which such services would be
provided.
(D) An examination of the military readiness
requirements for chiropractors who would provide such
services.
(E) An examination of any other relevant factors
that the Secretary considers appropriate.
(F) Phased-in implementation of the plan over a 5-
year period, beginning on October 1, 2001.
(b) Consultation Requirements.--The Secretary of Defense
shall consult with the other administering Secretaries
described in section 1073 of title 10, United States Code, and
the oversight advisory committee established under section 731
of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 10 U.S.C. 1092 note) regarding the
following:
(1) The development and implementation of the plan
required under subsection (a).
(2) Each report that the Secretary is required to
submit to Congress regarding the plan.
(3) The selection of the military medical treatment
facilities at which the chiropractic services described
in subsection (a)(2)(A) are to be provided.
(c) Continuation of Current Services.--Until the plan
required under subsection (a) is implemented, the Secretary
shall continue to furnish the same level of chiropractic health
care services and benefits under the Defense Health Program
that is provided during fiscal year 2000 at military medical
treatment facilities that provide such services and benefits.
(d) Report Required.--Not later than January 31, 2001, the
Secretary of Defense shall submit a report on the plan required
under subsection (a), together with appropriate appendices and
attachments, to the Committees on Armed Services of the Senate
and the House of Representatives.
(e) GAO Reports.--The Comptroller General shall monitor the
development and implementation of the plan required under
subsection (a), including the administration of services and
benefits under the plan, and periodically submit to the
committees referred to in subsection (d) written reports on
such development and implementation.
SEC. 703. SCHOOL-REQUIRED PHYSICAL EXAMINATIONS FOR CERTAIN MINOR
DEPENDENTS.
Section 1076 of title 10, United States Code is amended by
adding at the end the following:
``(f)(1) The administering Secretaries shall furnish an
eligible dependent a physical examination that is required by a
school in connection with the enrollment of the dependent as a
student in that school.
``(2) A dependent is eligible for a physical examination
under paragraph (1) if the dependent--
``(A) is entitled to receive medical care under
subsection (a) or is authorized to receive medical care
under subsection (b); and
``(B) is at least 5 years of age and less than 12
years of age.
``(3) Nothing in paragraph (2) may be construed to prohibit
the furnishing of a school-required physical examination to any
dependent who, except for not satisfying the age requirement
under that paragraph, would otherwise be eligible for a
physical examination required to be furnished under this
subsection.''.
SEC. 704. TWO-YEAR EXTENSION OF DENTAL AND MEDICAL BENEFITS FOR
SURVIVING DEPENDENTS OF CERTAIN DECEASED MEMBERS.
(a) Dental Benefits.--Section 1076a(k)(2) of title 10,
United States Code, is amended by striking ``one-year period''
and inserting ``three-year period''.
(b) Medical Benefits.--Section 1079(g) of title 10, United
States Code, is amended by striking ``one-year period'' in the
second sentence and inserting ``three-year period''.
SEC. 705. TWO-YEAR EXTENSION OF AUTHORITY FOR USE OF CONTRACT
PHYSICIANS AT MILITARY ENTRANCE PROCESSING STATIONS
AND ELSEWHERE OUTSIDE MEDICAL TREATMENT FACILITIES.
Section 1091(a)(2) of title 10, United States Code, is
amended by striking ``December 31, 2000'' in the second
sentence and inserting ``December 31, 2002''.
SEC. 706. MEDICAL AND DENTAL CARE FOR MEDAL OF HONOR RECIPIENTS.
(a) In General.--(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074g the following
new section:
``Sec. 1074h. Medical and dental care: medal of honor recipients;
dependents
``(a) Medal of Honor Recipients.--A former member of the
armed forces who is a Medal of Honor recipient and who is not
otherwise entitled to medical and dental benefits under this
chapter may, upon request, be given medical and dental care
provided by the administering Secretaries in the same manner as
if entitled to retired pay.
``(b) Immediate Dependents.--A person who is an immediate
dependent of a Medal of Honor recipient and who is not
otherwise entitled to medical and dental benefits under this
chapter may, upon request, be given medical and dental care
provided by the administering Secretaries in the same manner as
if the Medal of Honor recipient were, or (if deceased) was at
the time of death, entitled to retired pay.
``(c) Definitions--In this section:
``(1) The term `Medal of Honor recipient' means a
person who has been awarded a medal of honor under
section 3741, 6241, or 8741 of this title or section
491 of title 14.
``(2) The term `immediate dependent' means a
dependent described in subparagraph (A), (B), (C), or
(D) of section 1072(2) of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1074g the following new item:
``1074h. Medical and dental care: medal of honor recipients;
dependents.''.
(b) Effective Date.--Section 1074h of title 10, United
States Code, shall apply with respect to medical and dental
care provided on or after the date of the enactment of this
Act.
Subtitle B--Senior Health Care
SEC. 711. IMPLEMENTATION OF TRICARE SENIOR PHARMACY PROGRAM.
(a) Expansion of TRICARE Senior Pharmacy Program.--Section
723 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2068; 10
U.S.C. 1073 note) is amended--
(1) in subsection (a)--
(A) by striking ``October 1, 1999'' and
inserting ``April 1, 2001''; and
(B) by striking ``who reside in an area
selected under subsection (f)'';
(2) by amending subsection (b) to read as follows:
``(b) Program Requirements.--The same coverage for pharmacy
services and the same requirements for cost sharing and
reimbursement as are applicable under section 1086 of title 10,
United States Code, shall apply with respect to the program
required by subsection (a).'';
(3) in subsection (d)--
(A) by striking ``December 31, 2000'' and
inserting ``December 31, 2001''; and
(B) by striking ``December 31, 2002'' and
inserting ``December 31, 2003'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (B), by
inserting ``and'' after the semicolon;
(ii) in subparagraph (C), by
striking ``; and'' and inserting a
period; and
(iii) by striking subparagraph (D);
and
(B) in paragraph (2), by striking ``at the
time'' and all that follows through
``facility'' and inserting ``, before April 1,
2001, has attained the age of 65 and did not
enroll in the program described in such
paragraph''; and
(5) by striking subsection (f).
(b) Termination of Demonstration Project and Retail
Pharmacy Network Requirements.--Section 702 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 10 U.S.C. 1079 note) is amended by adding at the end the
following:
``(h) Termination.--This section shall cease to apply to
the Secretary of Defense on the date after the implementation
of section 711 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 that the Secretary
determines appropriate, with a view to minimizing instability
with respect to the provision of pharmacy benefits, but in no
case later than the date that is one year after the date of the
enactment of such Act.''.
SEC. 712. CONDITIONS FOR ELIGIBILITY FOR CHAMPUS AND TRICARE UPON THE
ATTAINMENT OF AGE 65; EXPANSION AND MODIFICATION OF
MEDICARE SUBVENTION PROJECT.
(a) Eligibility of Medicare Eligible Persons.--(1) Section
1086(d) of title 10, United States Code, is amended--
(A) by striking paragraph (2) and inserting the
following:
``(2) The prohibition contained in paragraph (1) shall not
apply to a person referred to in subsection (c) who--
``(A) is enrolled in the supplementary medical
insurance program under part B of such title (42 U.S.C.
1395j et seq.); and
``(B) in the case of a person under 65 years of
age, is entitled to hospital insurance benefits under
part A of title XVIII of the Social Security Act
pursuant to subparagraph (A) or (C) of section
226(b)(2) of such Act (42 U.S.C. 426(b)(2)) or section
226A(a) of such Act (42 U.S.C. 426-1(a)).''; and
(B) in paragraph (4), by striking ``paragraph (1)
who satisfy only the criteria specified in
subparagraphs (A) and (B) of paragraph (2), but not
subparagraph (C) of such paragraph,'' and inserting
``subparagraph (B) of paragraph (2) who do not satisfy
the condition specified in subparagraph (A) of such
paragraph''.
(2) Subsection (a)(4)(A) of section 1896 of the Social
Security Act (42 U.S.C. 1395ggg) is amended to read as follows:
``(A) is eligible for health benefits under
section 1086 of such title by reason of
subsection (c)(1) of such section;''.
(3) The amendments made by paragraphs (1) and (2) shall
take effect on October 1, 2001.
(b) 1-Year Extension of Medicare Subvention Project.--
Section 1896 of the Social Security Act (42 U.S.C. 1395ggg) is
amended--
(1) in subsection (b)(4), by striking ``3-year
period'' and inserting ``4-year period''; and
(2) in subsection (i)(4)--
(A) by striking ``and'' at the end of
subparagraph (B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) $70,000,000 for calendar year
2001.''.
(c) Further Extension of Medicare Subvention Project.--(1)
Subsection (b)(4) of section 1896 of the Social Security Act
(42 U.S.C. 1395ggg) is amended by striking the period at the
end and inserting the following: ``, except that the
administering Secretaries may negotiate and (subject to section
701(f) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001) enter into a new or revised agreement
under paragraph (1)(A) to continue the project after the end of
such period. If the project is so continued, the administering
Secretaries may terminate the agreement under which the program
operates after providing notice to Congress in accordance with
subsection (k)(2)(B)(v).''.
(2) Such section is further amended--
(A) in the heading, by striking ``demonstration
project'' and inserting ``program'';
(B) by amending paragraph (2) of subsection (a) to
read as follows:
``(2) Program.--The term `program' means the program
carried out under this section.'';
(C) by striking ``Demonstration Project'' and
``demonstration project'' and ``project'' each place
each appears and inserting ``Program'', ``program'',
and ``program'' respectively; and
(D) by striking ``demonstration'' in the heading of
subsection (j)(1).
(3) Subsection (i)(4) of such section is amended to read as
follows:
``(4) Cap on amount.--The maximum aggregate
expenditures from the trust funds under this subsection
pursuant to the agreement entered into between the
administering Secretaries under subsection (b) for a
fiscal year (before fiscal year 2006) shall not exceed
the amount agreed by the Secretaries to be the amount
that would have been expended from the trust funds on
beneficiaries who enroll in the program, had the
program not been established, plus the following:
``(A) $35,000,000 for fiscal year 2002.
``(B) $55,000,000 for fiscal year 2003.
``(C) $75,000,000 for fiscal year 2004.
``(D) $100,000,000 for fiscal year 2005.''.
(d) Authorizing Program Expansion and Modifications.--(1)
Paragraph (2) of subsection (b) of such section 1896 is amended
to read as follows:
``(2) Location of sites.--Subject to subsection
(k)(2)(B), the program shall be conducted in any site
that is designated jointly by the administering
Secretaries.''.
(2) Subsection (d)(2) of such section is amended by
inserting ``, or (subject to subsection (k)(2)(B)) such
comparable requirements as are included in the agreement under
subsection (b)(1)(A)'' after ``the following areas''.
(3) Subsection (i) of such section is amended--
(A) in paragraph (2), by inserting ``subject to
paragraph (4),'' after ``paragraph (1)''; and
(B) by striking paragraph (4) and inserting the
following:
``(4) Modification of payment methodology.--The
administering Secretaries may, subject to subsection
(k)(2)(B), modify the payment methodology provided
under paragraphs (1) and (2) so long as the amount of
the reimbursement provided to the Secretary of Defense
fully reimburses the Department of Defense for its cost
of providing services under the program but does not
exceed an amount that is estimated to be equivalent to
the amount that otherwise would have been expended
under this title for such services if provided other
than under the program (not including amounts described
in paragraph (2)). Such limiting amount may be based
for any site on the amount that would be payable to
Medicare+Choice organizations under part C for the area
of the site or the amounts that would be payable under
parts A and B.''.
(e) Change in Reports.--Paragraph (2) of subsection (k) of
such section 1896 is amended to read as follows:
``(2) Reports on program operation and changes.--
``(A) Annual report.--The administering
Secretaries shall submit to the Committees on
Armed Services and Finance of the Senate and
the Committees on Armed Services and Ways and
Means of the House of Representatives an annual
report on the program and its impact on costs
and the provision of health services under this
title and title 10, United States Code.
``(B) Before making certain program
changes.--The administering Secretaries shall
submit to such Committees a report at least 60
days before--
``(i) changing the designation of a
site under subsection (b)(2);
``(ii) applying comparable
requirements under subsection (d)(2);
``(iii) making significant changes
in payment methodology or amounts under
subsection (i)(4);
``(iv) making other significant
changes in the operation of the
program; or
``(v) terminating the agreement
under the second sentence of subsection
(b)(4).
``(C) Explanation.--Each report under
subparagraph (B) shall include justifications
for the changes or termination to which the
report refers.''.
(f) Conditional Effective Date.--(1) Upon negotiating an
agreement under the amendment made by subsection (c)(1), the
Secretary of Defense and the Secretary of Health and Human
Services shall jointly transmit a notification of the proposed
agreement to the Committee on Armed Services and the Committee
on Finance of the Senate and the Committee on Armed Services
and the Committee on Ways and Means of the House of
Representatives, and shall include with the transmittal a copy
of the proposed agreement and all related agreements and
supporting documents.
(2) Such proposed agreement shall take effect, and the
amendments made by subsections (c)(2), (c)(3), (d), and (e)
shall take effect, on such date as is provided for in such
agreement and in an Act enacted after the date of the enactment
of this Act.
SEC. 713. ACCRUAL FUNDING FOR HEALTH CARE FOR MEDICARE-ELIGIBLE
RETIREES AND DEPENDENTS.
(a) Establishment of Fund.--(1) Part II of subtitle A of
title 10, United States Code, is amended by inserting after
chapter 55 the following new chapter:
``CHAPTER 56--DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH
CARE FUND
``Sec.
``1111. Establishment and purpose of Fund; definitions.
``1112. Assets of Fund.
``1113. Payments from the Fund.
``1114. Board of Actuaries.
``1115. Determination of contributions to the Fund.
``1116. Payments into the Fund.
``1117. Investment of assets of Fund.
``Sec. 1111. Establishment and purpose of Fund; definitions
``(a) There is established on the books of the Treasury a
fund to be known as the Department of Defense Medicare-Eligible
Retiree Health Care Fund (hereinafter in this chapter referred
to as the ``Fund''), which shall be administered by the
Secretary of the Treasury. The Fund shall be used for the
accumulation of funds in order to finance on an actuarially
sound basis liabilities of the Department of Defense under
Department of Defense retiree health care programs for
medicare-eligible beneficiaries.
``(b) In this chapter:
``(1) The term `Department of Defense retiree
health care programs for medicare-eligible
beneficiaries' means the provisions of this title or
any other provision of law creating entitlement to
health care for a medicare-eligible member or former
member of the uniformed services entitled to retired or
retainer pay, or a medicare-eligible dependent of a
member or former member of the uniformed services
entitled to retired or retainer pay.
``(2) The term `medicare-eligible' means entitled
to benefits under part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.).
``(3) The term `dependent' means a dependent (as
such term is defined in section 1072 of this title)
described in section 1076(b)(1) of this title.
``Sec. 1112. Assets of Fund
``There shall be deposited into the Fund the following,
which shall constitute the assets of the Fund:
``(1) Amounts paid into the Fund under section 1116
of this title.
``(2) Any amount appropriated to the Fund.
``(3) Any return on investment of the assets of the
Fund.
``Sec. 1113. Payments from the Fund
``(a) There shall be paid from the Fund amounts payable for
Department of Defense retiree health care programs for
medicare-eligible beneficiaries.
``(b) The assets of the Fund are hereby made available for
payments under subsection (a).
``Sec. 1114. Board of Actuaries
``(a)(1) There is established in the Department of Defense
a Department of Defense Medicare-Eligible Retiree Health Care
Board of Actuaries (hereinafter in this chapter referred to as
the ``Board''). The Board shall consist of three members who
shall be appointed by the Secretary of Defense from among
qualified professional actuaries who are members of the Society
of Actuaries.
``(2)(A) Except as provided in subparagraph (B), the
members of the Board shall serve for a term of 15 years, except
that a member of the Board appointed to fill a vacancy
occurring before the end of the term for which his predecessor
was appointed shall only serve until the end of such term. A
member may serve after the end of his term until his successor
has taken office. A member of the Board may be removed by the
Secretary of Defense for misconduct or failure to perform
functions vested in the Board, and for no other reason.
``(B) Of the members of the Board who are first appointed
under this paragraph, one each shall be appointed for terms
ending five, ten, and 15 years, respectively, after the date of
appointment, as designated by the Secretary of Defense at the
time of appointment.
``(3) A member of the Board who is not otherwise an
employee of the United States is entitled to receive pay at the
daily equivalent of the annual rate of basic pay of the highest
rate of basic pay under the General Schedule of subchapter III
of chapter 53 of title 5, for each day the member is engaged in
the performance of duties vested in the Board, and is entitled
to travel expenses, including a per diem allowance, in
accordance with section 5703 of title 5.
``(b) The Board shall report to the Secretary of Defense
annually on the actuarial status of the Fund and shall furnish
its advice and opinion on matters referred to it by the
Secretary.
``(c) The Board shall review valuations of the Fund under
section 1115(c) of this title and shall report periodically,
not less than once every four years, to the President and
Congress on the status of the Fund. The Board shall include in
such reports recommendations for such changes as in the Board's
judgment are necessary to protect the public interest and
maintain the Fund on a sound actuarial basis.
``Sec. 1115. Determination of contributions to the Fund
``(a) The Board shall determine the amount that is the
present value (as of October 1, 2002) of future benefits
payable from the Fund that are attributable to service in the
uniformed services performed before October 1, 2002. That
amount is the original unfunded liability of the Fund. The
Board shall determine the period of time over which the
original unfunded liability should be liquidated and shall
determine an amortization schedule for the liquidation of such
liability over that period. Contributions to the Fund for the
liquidation of the original unfunded liability in accordance
with such schedule shall be made as provided in section 1116(b)
of this title.
``(b)(1) The Secretary of Defense shall determine each
year, in sufficient time for inclusion in budget requests for
the following fiscal year, the total amount of Department of
Defense contributions to be made to the Fund during that fiscal
year under section 1116(a) of this title. That amount shall be
the sum of the following:
``(A) The product of--
``(i) the current estimate of the value of
the single level dollar amount to be determined
under subsection (c)(1)(A) at the time of the
next actuarial valuation under subsection (c);
and
``(ii) the expected average force strength
during that fiscal year for members of the
uniformed services on active duty (other than
active duty for training) and full-time
National Guard duty (other than full-time
National Guard duty for training only).
``(B) The product of--
``(i) the current estimate of the value of
the single level dollar amount to be determined
under subsection (c)(1)(B) at the time of the
next actuarial valuation under subsection (c);
and
``(ii) the expected average force strength
during that fiscal year for members of the
Ready Reserve of the uniformed services other
than members on full-time National Guard duty
other than for training) who are not otherwise
described in subparagraph (A)(ii).
``(2) The amount determined under paragraph (1) for any
fiscal year is the amount needed to be appropriated to the
Department of Defense for that fiscal year for payments to be
made to the Fund during that year under section 1116(a) of this
title. The President shall include not less than the full
amount so determined in the budget transmitted to Congress for
that fiscal year under section 1105 of title 31. The President
may comment and make recommendations concerning any such
amount.
``(c)(1) Not less often than every four years, the
Secretary of Defense shall carry out an actuarial valuation of
the Fund. Each such actuarial valuation shall include--
``(A) a determination (using the aggregate entry-
age normal cost method) of a single level dollar amount
for members of the uniformed services on active duty
(other than active duty for training) or full-time
National Guard duty (other than full-time National
Guard duty for training only); and
``(B) a determination (using the aggregate entry-
age normal cost method) of a single level dollar amount
for members of the Ready Reserve of the uniformed
services and other than members on full-time National
Guard duty other than for training) who are not
otherwise described by subparagraph (A).
Such single level dollar amounts shall be used for the purposes
of subsection (b) and section 1116(a) of this title.
``(2) If at the time of any such valuation there has been a
change in benefits under the Department of Defense retiree
health care programs for medicare-eligible beneficiaries that
has been made since the last such valuation and such change in
benefits increases or decreases the present value of amounts
payable from the Fund, the Secretary of Defense shall determine
an amortization methodology and schedule for the amortization
of the cumulative unfunded liability (or actuarial gain to the
Fund) created by such change and any previous such changes so
that the present value of the sum of the amortization payments
(or reductions in payments that would otherwise be made) equals
the cumulative increase (or decrease) in the present value of
such amounts.
``(3) If at the time of any such valuation the Secretary of
Defense determines that, based upon changes in actuarial
assumptions since the last valuation, there has been an
actuarial gain or loss to the Fund, the Secretary shall
determine an amortization methodology and schedule for the
amortization of the cumulative gain or loss to the Fund created
by such change in assumptions and any previous such changes in
assumptionsthrough an increase or decrease in the payments that
would otherwise be made to the Fund.
``(4) If at the time of any such valuation the Secretary of
Defense determines that, based upon the Fund's actuarial
experience (other than resulting from changes in benefits or
actuarial assumptions) since the last valuation, there has been
an actuarial gain or loss to the Fund, the Secretary shall
determine an amortization methodology and schedule for the
amortization of the cumulative gain or loss to the Fund created
by such actuarial experience and any previous actuarial
experience through an increase or decrease in the payments that
would otherwise be made to the Fund.
``(5) Contributions to the Fund in accordance with
amortization schedules under paragraphs (2), (3), and (4) shall
be made as provided in section 1116(b) of this title.
``(d) All determinations under this section shall be made
using methods and assumptions approved by the Board of
Actuaries (including assumptions of interest rates and medical
inflation) and in accordance with generally accepted actuarial
principles and practices.
``(e) The Secretary of Defense shall provide for the
keeping of such records as are necessary for determining the
actuarial status of the Fund.
``Sec. 1116. Payments into the Fund
``(a) The Secretary of Defense shall pay into the Fund at
the end of each month as the Department of Defense contribution
to the Fund for that month the amount that is the sum of the
following:
``(1) The product of--
``(A) the monthly dollar amount determined
using all the methods and assumptions approved
for the most recent (as of the first day of the
current fiscal year) actuarial valuation under
section 1115(c)(1)(A) of this title (except
that any statutory change in the Department of
Defense retiree health care programs for
medicare-eligible beneficiaries that is
effective after the date of that valuation and
on or before the first day of the current
fiscal year shall be used in such
determination); and
``(B) the total end strength for that month
for members of the uniformed services on active
duty (other than active duty for training) and
full-time National Guard duty (other than full-
time National Guard duty for training only).
``(2) The product of--
``(A) the level monthly dollar amount
determined using all the methods and
assumptions approved for the most recent (as of
the first day of the current fiscal year)
actuarial valuation under section 1115(c)(1)(B)
of this title (except that any statutory change
in the Department of Defense retiree health
care programs for medicare-eligible
beneficiaries that is effective after the date
of that valuation and on or before the first
day of the current fiscal year shall be used in
such determination); and
``(B) the total end strength for that month
for members of the Ready Reserve of the
uniformed services other than members on full-
time National Guard duty other than for
training) who are not otherwise described in
paragraph (1)(B). Amounts paid into the Fund
under this subsection shall be paid from funds
available for the Defense Health Program.
``(b)(1) At the beginning of each fiscal year the Secretary
of the Treasury shall promptly pay into the Fund from the
General Fund of the Treasury the amount certified to the
Secretary by the Secretary of Defense under paragraph (3). Such
payment shall be the contribution to the Fund for that fiscal
year required by sections 1115(a) and 1115(c) of this title.
``(2) At the beginning of each fiscal year the Secretary of
Defense shall determine the sum of the following:
``(A) The amount of the payment for that year under
the amortization schedule determined by the Board of
Actuaries under section 1115(a) of this title for the
amortization of the original unfunded liability of the
Fund.
``(B) The amount (including any negative amount)
for that year under the most recent amortization
schedule determined by the Secretary of Defense under
section 1115(c)(2) of this title for the amortization
of any cumulative unfunded liability (or any gain) to
the Fund resulting from changes in benefits.
``(C) The amount (including any negative amount)
for that year under the most recent amortization
schedule determined by the Secretary of Defense under
section 1115(c)(3) of this title for the amortization
of any cumulative actuarial gain or loss to the Fund
resulting from actuarial assumption changes.
``(D) The amount (including any negative amount)
for that year under the most recent amortization
schedule determined by the Secretary of Defense under
section 111(c)(4) of this title for the amortization of
any cumulative actuarial gain or loss to the Fund
resulting from actuarial experience.
``(3) The Secretary of Defense shall promptly certify the
amount determined under paragraph (2) each year to the
Secretary of the Treasury.
``Sec. 1117. Investment of assets of Fund
``The Secretary of the Treasury shall invest such portion
of the Fund as is not in the judgment of the Secretary of
Defense required to meet current withdrawals. Such investments
shall be in public debt securities with maturities suitable to
the needs of the Fund, as determined by the Secretary of
Defense, and bearing interest at rates determined by the
Secretary of the Treasury, taking into consideration current
market yields on outstanding marketable obligations of the
United States of comparable maturities. The income on such
investments shall be credited to and form a part of the
Fund.''.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part II of subtitle A, of title 10,
United States Code, are amended by inserting after the item
relating to chapter 55 the following new item:
``56. Department of Defense Medicare-Eligible Retiree Health Care
Fund........................................................1111.''.
(b) Delayed Effective Dates for Certain Provisions.--(1)
Sections 1113 and 1116 of title 10, United States Code (as
added by subsection (a)), shall take effect on October 1, 2002.
(2) Section 1115 of such title (as added by such
subsection) shall take effect on October 1, 2001.
Subtitle C--TRICARE Program
SEC. 721. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE TRICARE
PROGRAM.
(a) Waiver of Nonavailability Statement or
Preauthorization.--In the case of a covered beneficiary under
chapter 55 of title 10, United States Code, who is enrolled in
TRICARE Standard, the Secretary of Defense may not require with
regard to authorized health care services (other than mental
health services) under any new contract for the provision of
health care services under such chapter that the beneficiary--
(1) obtain a nonavailability statement or
preauthorization from a military medical treatment
facility in order to receive the services from a
civilian provider; or
(2) obtain a nonavailability statement for care in
specialized treatment facilities outside the 200-mile
radius of a military medical treatment facility.
(b) Notice.--The Secretary may require that the covered
beneficiary inform the primary care manager of the beneficiary
of any health care received from a civilian provider or in a
specialized treatment facility.
(c) Exceptions.--Subsection (a) shall not apply if--
(1) the Secretary demonstrates significant costs
would be avoided by performing specific procedures at
the affected military medical treatment facilities;
(2) the Secretary determines that a specific
procedure must be provided at the affected military
medical treatment facility to ensure the proficiency
levels of the practitioners at the facility; or
(3) the lack of nonavailability statement data
would significantly interfere with TRICARE contract
administration.
(d) Effective Date--This section shall take effect on
October 1, 2001.
SEC. 722. ADDITIONAL BENEFICIARIES UNDER TRICARE PRIME REMOTE PROGRAM
IN THE CONTINENTAL UNITED STATES.
(a) Coverage of Other Uniformed Services.--(1) Section
1074(c) of title 10, United States Code, is amended--
(A) by striking ``armed forces'' each place it
appears, except in paragraph (3)(A), and inserting
``uniformed services'';
(B) in paragraph (1), by inserting after ``military
department'' in the first sentence the following: ``,
the Department of Transportation (with respect to the
Coast Guard when it is not operating as a service in
the Navy), or the Department of Health and Human
Services (with respect to the National Oceanic and
Atmospheric Administration and the Public Health
Service)'';
(C) in paragraph (2), by adding at the end the
following:
``(C) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this
paragraph.''; and
(D) in paragraph (3)(A), by striking ``The
Secretary of Defense may not require a member of the
armed forces described in subparagraph (B)'' and
inserting ``A member of the uniformed services
described in subparagraph (B) may not be required''.
(2)(A) Subsections (b), (c), and (d)(3) of section 731 of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1811; 10 U.S.C. 1074 note) are
amended by striking ``Armed Forces'' and inserting ``uniformed
services''.
(B) Subsection (b) of such section is further amended by
adding at the end the following:
``(4) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this
subsection.''.
(C) Subsection (f) of such section is amended by adding at
the end the following:
``(3) The terms `uniformed services' and
`administering Secretaries' have the meanings given
those terms in section 1072 of title 10, United States
Code.''.
(3) Section 706(b) of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 684) is
amended by striking ``Armed Forces'' and inserting ``uniformed
services (as defined in section 1072(1) of title 10, United
States Code)''.
(b) Coverage of Immediate Family.--(1) Section 1079 of
title 10, United States Code, is amended by adding at the end
the following:
``(p)(1) Subject to such exceptions as the Secretary of
Defense considers necessary, coverage for medical care under
this section for the dependents referred to in subsection (a)
of a member of the uniformed services referred to in section
1074(c)(3) of this title who are residing with the member, and
standards with respect to timely access to such care, shall be
comparable to coverage for medical care and standards for
timely access to such care under the managed care option of the
TRICARE program known as TRICARE Prime.
``(2) The Secretary of Defense shall enter into
arrangements with contractors under the TRICARE program or with
other appropriate contractors for the timely and efficient
processing of claims under this subsection.
``(3) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this
subsection.''.
(2) Section 731(b) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1811; 10
U.S.C. 1074 note) is amended--
(A) in paragraph (1), by adding at the end the
following: ``A dependent of the member, as described in
subparagraph (A), (D), or (I) of section 1072(2) of
title 10, United States Code, who is residing with the
member shall have the same entitlement to care and to
waiver of charges as the member.''; and
(B) in paragraph (2), by inserting ``or dependent
of the member, as the case may be,'' after ``(2) A
member''.
(c) Effective Dates; Applicability.--(1) The amendments
made by subsections (a)(1) and (b)(1) shall take effect on
October 1, 2001.
(2) The amendments made by subsection (a)(2), with respect
to members of the uniformed services, and the amendments made
by subsection (b)(2), with respect to dependents of members,
shall take effect on the date of the enactment of this Act and
shall expire with respect to a member or the dependents of a
member, respectively, on the later of the following:
(A) The date that is one year after the date of the
enactment of this Act.
(B) The date on which the policies required by the
amendments made by subsection (a)(1) or (b)(1) are
implemented with respect to the coverage of medical
care for and provision of such care to the member or
dependents, respectively.
(3) Section 731(b)(3) of Public Law 105-85 does not apply
to a member of the Coast Guard, the National Oceanic and
Atmospheric Administration, or the Commissioned Corps of the
Public Health Service, or to a dependent of a member of a
uniformed service.
SEC. 723. MODERNIZATION OF TRICARE BUSINESS PRACTICES AND INCREASE OF
USE OF MILITARY TREATMENT FACILITIES.
(a) Requirement To Implement Internet-Based System.--Not
later than October 1, 2001, the Secretary of Defense shall
implement a system to simplify and make accessible through the
use of the Internet, through commercially available systems and
products, critical administrative processes within the military
health care system and the TRICARE program. The purposes of the
system shall be to enhance efficiency, improve service, and
achieve commercially recognized standards of performance.
(b) Elements of System.--The system required by subsection
(a)--
(1) shall comply with patient confidentiality and
security requirements, and incorporate data
requirements, that are currently widely used by
insurers under medicare and commercial insurers;
(2) shall be designed to achieve improvements with
respect to--
(A) the availability and scheduling of
appointments;
(B) the filing, processing, and payment of
claims;
(C) marketing and information initiatives;
(D) the continuation of enrollments without
expiration;
(E) the portability of enrollments
nationwide;
(F) education of beneficiaries regarding
the military health care system and the TRICARE
program; and
(G) education of health care providers
regarding such system and program; and
(3) may be implemented through a contractor under
TRICARE Prime.
(c) Areas of Implementation.--The Secretary shall implement
the system required by subsection (a) in at least one region
under the TRICARE program.
(d) Plan for Improved Portability of Benefits.--Not later
than March 15, 2001, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a plan to provide portability and reciprocity
of benefits for all enrollees under the TRICARE program
throughout all TRICARE regions.
(e) Increase of Use of Military Medical Treatment
Facilities.--The Secretary shall initiate a program to maximize
the use of military medical treatment facilities by improving
the efficiency of health care operations in such facilities.
(f) Definition.--In this section the term ``TRICARE
program'' has the meaning given such term in section 1072 of
title 10, United States Code.
SEC. 724. EXTENSION OF TRICARE MANAGED CARE SUPPORT CONTRACTS.
(a) Authority.--Notwithstanding any other provision of law
and subject to subsection (b), any TRICARE managed care support
contract in effect, or in the final stages of acquisition, on
September 30, 1999, may be extended for four years.
(b) Conditions.--Any extension of a contract under
subsection (a)--
(1) may be made only if the Secretary of Defense
determines that it is in the best interest of the
United States to do so; and
(2) shall be based on the price in the final best
and final offer for the last year of the existing
contract as adjusted for inflation and other factors
mutually agreed to by the contractor and the Federal
Government.
SEC. 725. REPORT ON PROTECTIONS AGAINST HEALTH CARE PROVIDERS SEEKING
DIRECT REIMBURSEMENT FROM MEMBERS OF THE UNIFORMED
SERVICES.
Not later than January 31, 2001, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report recommending
practices to discourage or prohibit health care providers under
the TRICARE program, and individuals or entities working on
behalf of such providers, from seeking direct reimbursement
from members of the uniformed services or their dependents for
health care received by such members or dependents.
SEC. 726. VOLUNTARY TERMINATION OF ENROLLMENT IN TRICARE RETIREE DENTAL
PROGRAM.
(a) Procedures.--Section 1076c of title 10, United States
Code, is amended--
(1) by redesignating subsection (i) as subsection
(j); and
(2) by inserting after subsection (h) the following
new subsection (i):
``(i) Voluntary Disenrollment.--(1) With respect to
enrollment in the dental insurance plan established under
subsection (a), the Secretary of Defense--
``(A) shall allow for a period of up to 30 days at
the beginning of the prescribed minimum enrollment
period during which an enrollee may disenroll; and
``(B) shall provide for limited circumstances under
which disenrollment shall be permitted during the
prescribed enrollment period, without jeopardizing the
fiscal integrity of the dental program.
``(2) The circumstances described in paragraph (1)(B) shall
include--
``(A) a case in which a retired member, surviving
spouse, or dependent of a retired member who is also a
Federal employee is assigned to a location outside the
jurisdiction of the dental insurance plan established
under subsection (a) that prevents utilization of
dental benefits under the plan;
``(B) a case in which a retired member, surviving
spouse, or dependent of a retired member is prevented
by a serious medical condition from being able to
obtain benefits under the plan;
``(C) a case in which severe financial hardship
would result; and
``(D) any other circumstances which the Secretary
considers appropriate.
``(3) The Secretary shall establish procedures for timely
decisions on requests for disenrollment under this section and
for appeal to the TRICARE Management Activity of adverse
decisions.''
(b) Clarifying Amendment.--The heading for subsection (f)
is amended by striking ``Termination'' and inserting ``Required
Terminations''.
SEC. 727. CLAIMS PROCESSING IMPROVEMENTS.
Beginning on the date of the enactment of this Act, the
Secretary of Defense shall, to the maximum extent practicable,
take all necessary actions to implement the following
improvements with respect to processing of claims under the
TRICARE program:
(1) Use of the TRICARE encounter data information
system rather than the health care service record in
maintaining information on covered beneficiaries under
chapter 55 of title 10, United States Code.
(2) Elimination of all delays in payment of claims
to health care providers that may result from the
development of the health care service record or
TRICARE encounter data information.
(3) Requiring all health care providers under the
TRICARE program that the Secretary determines are high-
volume providers to submit claims electronically.
(4) Processing 50 percent of all claims by health
care providers and institutions under the TRICARE
program by electronic means.
(5) Authorizing managed care support contractors
under the TRICARE program to require providers to
access information on the status of claims through the
use of telephone automated voice response units.
SEC. 728. PRIOR AUTHORIZATIONS FOR CERTAIN REFERRALS AND
NONAVAILABILITY-OF-HEALTH-CARE STATEMENTS.
(a) Prohibition Regarding Prior Authorization for
Referrals.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1095e the following new
section:
``Sec. 1095f. TRICARE program: referrals for specialty health care
``The Secretary of Defense shall ensure that no contract
for managed care support under the TRICARE program includes any
requirement that a managed care support contractor require a
primary care or specialty care provider to obtain prior
authorization before referring a patient to a specialty care
provider that is part of the network of health care providers
or institutions of the contractor.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1095e the following new item:
``1095f. TRICARE program: referrals for specialty health care.''.
(b) Report.--Not later than February 1, 2001, the
Comptroller General shall submit to Congress a report on the
financial and management implications of eliminating the
requirement to obtain nonavailability-of-health-care statements
under section 1080 of title 10, United States Code.
(c) Effective Date.--Section 1095f of title 10, United
States Code, as added by subsection (a), shall apply with
respect to a TRICARE managed care support contract entered into
by the Department of Defense after the date of the enactment of
this Act.
Subtitle D--Demonstration Projects
SEC. 731. DEMONSTRATION PROJECT FOR EXPANDED ACCESS TO MENTAL HEALTH
COUNSELORS.
(a) Requirement To Conduct Demonstration Project.--The
Secretary of Defense shall conduct a demonstration project
under which licensed and certified professional mental health
counselors who meet eligibility requirements for participation
as providers under the Civilian Health and Medical Program of
the Uniformed Services (hereafter in this section referred to
as ``CHAMPUS'') or the TRICARE program may provide services to
covered beneficiaries under chapter 55 of title 10, United
States Code, without referral by physicians or adherence to
supervision requirements.
(b) Duration and Location of Project.--The Secretary shall
conduct the demonstration project required by subsection (a)--
(1) during the 2-year period beginning October 1,
2001; and
(2) in one established TRICARE region.
(c) Regulations.--The Secretary shall prescribe regulations
regarding participation in the demonstration project required
by subsection (a).
(d) Plan for Project.--Not later than March 31, 2001, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a plan to carry out
the demonstration project. The plan shall include, but not be
limited to, a description of the following:
(1) The TRICARE region in which the project will be
conducted.
(2) The estimated funds required to carry out the
demonstration project.
(3) The criteria for determining which professional
mental health counselors will be authorized to
participate under the demonstration project.
(4) The plan of action, including critical
milestone dates, for carrying out the demonstration
project.
(e) Report.--Not later than February 1, 2003, the Secretary
shall submit to Congress a report on the demonstration project
carried out under this section. The report shall include the
following:
(1) A description of the extent to which
expenditures for reimbursement of licensed or certified
professional mental health counselors change as a
result of allowing the independent practice of such
counselors.
(2) Data on utilization and reimbursement regarding
non-physician mental health professionals other than
licensed or certified professional mental health
counselors under CHAMPUS and the TRICARE program.
(3) Data on utilization and reimbursement regarding
physicians who make referrals to, and supervise, mental
health counselors.
(4) A description of the administrative costs
incurred as a result of the requirement for
documentation of referral to mental health counselors
and supervision activities for such counselors.
(5) For each of the categories described in
paragraphs (1) through (4), a comparison of data for a
1-year period for the area in which the demonstration
project is being implemented with corresponding data
for a similar area in which the demonstration project
is not being implemented.
(6) A description of the ways in which allowing for
independent reimbursement of licensed or certified
professional mental health counselors affects the
confidentiality of mental health and substance abuse
services for covered beneficiaries under CHAMPUS and
the TRICARE program.
(7) A description of the effect, if any, of
changing reimbursement policies on the health and
treatment of covered beneficiaries under CHAMPUS and
the TRICARE program, including a comparison of the
treatment outcomes of covered beneficiaries who receive
mental health services from licensed or certified
professional mental health counselors acting under
physician referral and supervision, other non-physician
mental health providers recognized under CHAMPUS and
the TRICARE program, and physicians, with treatment
outcomes under the demonstration project allowing
independent practice of professional counselors on the
same basis as other non-physician mental health
providers.
(8) The effect of policies of the Department of
Defense on the willingness of licensed or certified
professional mental health counselors to participate as
health care providers in CHAMPUS and the TRICARE
program.
(9) Any policy requests or recommendations
regarding mental health counselors made by health care
plans and managed care organizations participating in
CHAMPUS or the TRICARE program.
SEC. 732. TELERADIOLOGY DEMONSTRATION PROJECT.
(a) Authority To Conduct Project.--(1) The Secretary of
Defense may conduct a demonstration project for the purposes of
increasing efficiency of operations with respect to
teleradiology at military medical treatment facilities,
supporting remote clinics, and increasing coordination with
respect to teleradiology between such facilities and clinics.
Under the project, a military medical treatment facility and
each clinic supported by such facility shall be linked by a
digital radiology network through which digital radiology X-
rays may be sent electronically from clinics to the military
medical treatment facility.
(2) The demonstration project may be conducted at several
multispecialty tertiary-care military medical treatment
facilities affiliated with a university medical school. One of
such facilities shall be supported by at least 5 geographically
dispersed remote clinics of the Departments of the Army, Navy,
and Air Force, and clinics of the Department of Veterans
Affairs and the Coast Guard. Another of such facilities shall
be in an underserved rural geographic region served under
established telemedicine contracts between the Department of
Defense, the Department of Veterans Affairs, and a local
university.
(b) Duration of Project.--The Secretary shall conduct the
project during the 2-year period beginning on the date of the
enactment of this Act.
SEC. 733. HEALTH CARE MANAGEMENT DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary of Defense shall carry
out a demonstration program on health care management to
explore opportunities for improving the planning, programming,
budgeting systems, and management of the Department of Defense
health care system.
(b) Test Models.--Under the demonstration program, the
Secretary shall test the use of the following planning and
management models:
(1) A health care simulation model for studying
alternative delivery policies, processes,
organizations, and technologies.
(2) A health care simulation model for studying
long term disease management.
(c) Demonstration Sites.--The Secretary shall test each
model separately at one or more sites.
(d) Period for Program.--The demonstration program shall
begin not later than 180 days after the date of the enactment
of this Act and shall terminate on December 31, 2001.
(e) Reports.--The Secretary of Defense shall submit a
report on the demonstration program to the Committees on Armed
Services of the Senate and the House of Representatives not
later than March 15, 2002. The report shall include the
Secretary's assessment of the value of incorporating the use of
the tested planning and management models throughout the
planning, programming, budgeting systems, and management of the
Department of Defense health care system.
(f) Funding.--Of the amount authorized to be appropriated
under section 301(22), $6,000,000 shall be available for the
demonstration program under this section.
Subtitle E--Joint Initiatives With Department of Veterans Affairs
SEC. 741. VA-DOD SHARING AGREEMENTS FOR HEALTH SERVICES.
(a) Primacy of Sharing Agreements.--The Secretary of
Defense shall--
(1) give full force and effect to any agreement
into which the Secretary or the Secretary of a military
department entered under section 8111 of title 38,
United States Code, or under section 1535 of title 31,
United States Code, which was in effect on September
30, 1999; and
(2) ensure that the Secretary of the military
department concerned directly reimburses the Secretary
of Veterans Affairs for any services or resources
provided under such agreement in accordance with the
terms of such agreement, including terms providing for
reimbursement from funds available for that military
department.
(b) Modification or Termination.--Any agreement described
in subsection (a) shall remain in effect in accordance with
such subsection unless, during the 12-month period following
the date of the enactment of this Act, such agreement is
modified or terminated in accordance with the terms of such
agreement.
SEC. 742. PROCESSES FOR PATIENT SAFETY IN MILITARY AND VETERANS HEALTH
CARE SYSTEMS.
(a) Error Tracking Process.--The Secretary of Defense shall
implement a centralized process for reporting, compilation, and
analysis of errors in the provision of health care under the
defense health program that endanger patients beyond the normal
risks associated with the care and treatment of such patients.
To the extent practicable, that process shall emulate the
system established by the Secretary of Veterans Affairs for
reporting, compilation, and analysis of errors in the provision
of health care under the Department of Veterans Affairs health
care system that endanger patients beyond such risks.
(b) Sharing of Information.--The Secretary of Defense and
the Secretary of Veterans Affairs--
(1) shall share information regarding the designs
of systems or protocols established to reduce errors in
the provision of health care described in subsection
(a); and
(2) shall develop such protocols as the Secretaries
consider necessary for the establishment and
administration of effective processes for the
reporting, compilation, and analysis of such errors.
SEC. 743. COOPERATION IN DEVELOPING PHARMACEUTICAL IDENTIFICATION
TECHNOLOGY.
The Secretary of Defense and the Secretary of Veterans
Affairs shall cooperate in developing systems for the use of
bar codes for the identification of pharmaceuticals in the
health care programs of the Department of Defense and the
Department of Veterans Affairs. In any case in which a common
pharmaceutical is used in such programs, the bar codes for
those pharmaceuticals shall, to the maximum extent practicable,
be identical.
Subtitle F--Other Matters
SEC. 751. MANAGEMENT OF ANTHRAX VACCINE IMMUNIZATION PROGRAM.
(a) System and Procedures for Tracking Separations.--(1)
Chapter 59 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 1178. System and procedures for tracking separations resulting
from refusal to participate in anthrax vaccine
immunization program
``(a) Requirement To Establish System.--The Secretary of
each military department shall establish a system for tracking,
recording, and reporting separations of members of the armed
forces under the Secretary's jurisdiction that result from
procedures initiated as a result of a refusal to participate in
the anthrax vaccine immunization program.
``(b) Report.--The Secretary of Defense shall consolidate
the information recorded under the system described in
subsection (a) and shall submit to the Committees on Armed
Services of the Senate and the House of Representatives not
later than April 1 of each year a report on such information.
Each such report shall include a description of--
``(1) the number of members separated, categorized
by military department, grade, and active-duty or
reserve status; and
``(2) any other information determined appropriate
by the Secretary.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``1178. System and procedures for tracking separations resulting from
refusal to participate in anthrax vaccine immunization
program.''.
(b) Procedures for Exemptions; Monitoring Adverse
Reactions.--(1) Chapter 55 of such title is amended by adding
at the end the following new section:
``Sec. 1110. Anthrax vaccine immunization program; procedures for
exemptions and monitoring reactions
``(a) Procedures for Medical and Administrative
Exemptions.--(1) The Secretary of Defense shall establish
uniform procedures under which members of the armed forces may
be exempted from participating in the anthrax vaccine
immunization program for either administrative or medical
reasons.
``(2) The Secretaries of the military departments shall
provide for notification of all members of the armed forces of
the procedures established pursuant to paragraph (1).
``(b) System for Monitoring Adverse Reactions.--(1) The
Secretary shall establish a system for monitoring adverse
reactions of members of the armed forces to the anthrax
vaccine. That system shall include the following:
``(A) Independent review of Vaccine Adverse Event
Reporting System reports.
``(B) Periodic surveys of personnel to whom the
vaccine is administered.
``(C) A continuing longitudinal study of a pre-
identified group of members of the armed forces
(including men and women and members from all
services).
``(D) Active surveillance of a sample of members to
whom the anthrax vaccine has been administered that is
sufficient to identify, at the earliest opportunity,
any patterns of adverse reactions, the discovery of
which might be delayed by reliance solely on the
Vaccine Adverse Event Reporting System.
``(2) The Secretary may extend or expand any ongoing or
planned study or analysis of trends in adverse reactions of
members of the armed forces to the anthrax vaccine in order to
meet any of the requirements in paragraph (1).
``(3) The Secretary shall establish guidelines under which
members of the armed forces who are determined by an
independent expert panel to be experiencing unexplained adverse
reactions may obtain access to a Department of Defense Center
of Excellence treatment facility for expedited treatment and
follow up.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``1110. Anthrax vaccine immunization program; procedures for exemptions
and monitoring reactions.''.
(c) Emergency Essential Employees.--(1) Chapter 81 of such
title is amended by inserting after section 1580 the following
new section:
``Sec. 1580a. Emergency essential employees: notification of required
participation in anthrax vaccine immunization
program
``The Secretary of Defense shall--
``(1) prescribe regulations for the purpose of
ensuring that any civilian employee of the Department
of Defense who is determined to be an emergency
essential employee and who is required to participate
in the anthrax vaccine immunization program is notified
of the requirement to participate in the program and
the consequences of a decision not to participate; and
``(2) ensure that any individual who is being
considered for a position as such an employee is
notified of the obligation to participate in the
program before being offered employment in such
position.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1580
the following new item:
``1580a. Emergency essential employees: notification of required
participation in anthrax vaccine immunization program.''.
(d) Comptroller General Report.--(1) Not later than April
1, 2002, the Comptroller General shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the effect of the Department of
Defense anthrax vaccine immunization program on the recruitment
and retention of active duty and reserve military personnel and
civilian personnel of the Department of Defense. The study
shall cover the period beginning on the date of the enactment
of this Act and ending on December 31, 2001.
(2) The Comptroller General shall include in the report
required by paragraph (1) a description of any personnel
actions (including transfer, termination, or reassignment of
any personnel) taken as a result of the refusal of any civilian
employee of the Department of Defense to participate in the
anthrax vaccine immunization program.
(e) Deadlines for Establishment and Implementation.--The
Secretary of Defense shall--
(1) not later than April 1, 2001, establish the
uniform procedures for exemption from participation in
the anthrax vaccine immunization program of the
Department of Defense required under subsection (a) of
section 1110 of title 10, United States Code (as added
by subsection (b));
(2) not later than July 1, 2001, establish the
system for monitoring adverse reactions of members of
the Armed Forces to the anthrax vaccine required under
subsection (b)(1) of such section;
(3) not later than April 1, 2001, establish the
guidelines under which members of the Armed Forces may
obtain access to a Department of Defense Center of
Excellence treatment facility for expedited treatment
and follow up required under subsection (b)(3) of such
section; and
(4) not later than July 1, 2001, prescribe the
regulations regarding emergency essential employees of
the Department of Defense required under subsection (a)
of section 1580a of such title (as added by
subsection(c)).
SEC. 752. ELIMINATION OF COPAYMENTS FOR IMMEDIATE FAMILY.
(a) No Copayment for Immediate Family.--Section 1097a of
title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection (e):
``(e) No Copayment for Immediate Family.--No copayment
shall be charged a member for care provided under TRICARE Prime
to a dependent of a member of the uniformed services described
in subparagraph (A), (D), or (I) of section 1072 of this
title.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect 180 days after the date of the enactment of
this Act, and shall apply with respect to care provided on or
after that date.
SEC. 753. MEDICAL INFORMATICS.
(a) Additional Matters for Annual Report on Medical
Informatics Advisory Committee.--Section 723(d)(5) of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 697; 10 U.S.C. 1071 note) is amended to
read as follows:
``(5) The Secretary of Defense shall submit to Congress an
annual report on medical informatics. The report shall include
a discussion of the following matters:
``(A) The activities of the Committee.
``(B) The coordination of development, deployment,
and maintenance of health care informatics systems
within the Federal Government, and between the Federal
Government and the private sector.
``(C) The progress or growth occurring in medical
informatics.
``(D) How the TRICARE program and the Department of
Veterans Affairs health care system can use the
advancement of knowledge in medical informatics to
raise the standards of health care and treatment and
the expectations for improving health care and
treatment.''.
(b) Limitation on Fiscal Year 2001 Funding for
Pharmaceuticals-Related Medical Informatics.--Of the funds
authorized to be appropriated under section 301(22), any
amounts used for pharmaceuticals-related informatics may be
used only for the following:
(1) Commencement of the implementation of a new
computerized medical record, including an automated
entry order system for pharmaceuticals and an
infrastructure network that is compliant with the
provisions enacted in the Health Insurance Portability
and Accountability Act of 1996 (Public Law 104-191; 110
Stat. 1936), to make all relevant clinical information
on beneficiaries under the Defense Health Program
available when needed.
(2) An integrated pharmacy system under the Defense
Health Program that creates a single profile for all
pharmaceuticals for such beneficiaries prescribed at
military medical treatment facilities or private
pharmacies that are part of the Department of Defense
pharmacy network.
SEC. 754. PATIENT CARE REPORTING AND MANAGEMENT SYSTEM.
(a) Establishment.--The Secretary of Defense shall
establish a patient care error reporting and management system.
(b) Purposes of System.--The purposes of the system are as
follows:
(1) To study the occurrences of errors in the
patient care provided under chapter 55 of title 10,
United States Code.
(2) To identify the systemic factors that are
associated with such occurrences.
(3) To provide for action to be taken to correct
the identified systemic factors.
(c) Requirements for System.--The patient care error
reporting and management system shall include the following:
(1) A hospital-level patient safety center, within
the quality assurance department of each health care
organization of the Department of Defense, to collect,
assess, and report on the nature and frequency of
errors related to patient care.
(2) For each health care organization of the
Department of Defense and for the entire Defense health
program, patient safety standards that are necessary
for the development of a full understanding of patient
safety issues in each such organization and the entire
program, including the nature and types of errors and
the systemic causes of the errors.
(3) Establishment of a Department of Defense
Patient Safety Center within the Armed Forces Institute
of Pathology, which shall have the following missions:
(A) To analyze information on patient care
errors that is submitted to the Center by each
military health care organization.
(B) To develop action plans for addressing
patterns of patient care errors.
(C) To execute those action plans to
mitigate and control errors in patient care
with a goal of ensuring that the health care
organizations of the Department of Defense
provide highly reliable patient care with
virtually no error.
(D) To provide, through the Assistant
Secretary of Defense for Health Affairs, to the
Agency for Healthcare Research and Quality of
the Department of Health and Human Services any
reports that the Assistant Secretary determines
appropriate.
(E) To review and integrate processes for
reducing errors associated with patient care
and for enhancing patient safety.
(F) To contract with a qualified and
objective external organization to manage the
national patient safety database of the
Department of Defense.
(d) MedTeams Program.--The Secretary shall expand the
health care team coordination program to integrate that program
into all Department of Defense health care operations. In
carrying out this subsection, the Secretary shall take the
following actions:
(1) Establish not less than two Centers of
Excellence for the development, validation,
proliferation, and sustainment of the health care team
coordination program, one of which shall support all
fixed military health care organizations, the other of
which shall support all combat casualty care
organizations.
(2) Deploy the program to all fixed and combat
casualty care organizations of each of the Armed
Forces, at the rate of not less than 10 organizations
in each fiscal year.
(3) Expand the scope of the health care team
coordination program from a focus on emergency
department care to a coverage that includes care in all
major medical specialties, at the rate of not less than
one specialty in each fiscal year.
(4) Continue research and development investments
to improve communication, coordination, and team work
in the provision of health care.
(e) Consultation.--The Secretary shall consult with the
other administering Secretaries (as defined in section 1072(3)
of title 10, United States Code) in carrying out this section.
SEC. 755. AUGMENTATION OF ARMY MEDICAL DEPARTMENT BY DETAILING RESERVE
OFFICERS OF THE PUBLIC HEALTH SERVICE.
(a) Authority.--The Secretary of the Army and the Secretary
of Health and Human Services may jointly conduct a program to
augment the Army Medical Department by exercising any
authorities provided to those officials in law for the
detailing of reserve commissioned officers of the Public Health
Service not in an active status to the Army Medical Department
for that purpose.
(b) Agreement.--The Secretary of the Army and the Secretary
of Health and Human Services shall enter into an agreement
governing any program conducted under subsection (a).
(c) Assessment.--(1) The Secretary of the Army shall review
the laws providing the authorities described in subsection (a)
and assess the adequacy of those laws for authorizing--
(A) the Secretary of Health and Human Services to
detail reserve commissioned officers of the Public
Health Service not in an active status to the Army
Medical Department to augment that department; and
(B) the Secretary of the Army to accept the detail
of such officers for that purpose.
(2) The Secretary shall complete the review and assessment
under paragraph (1) not later than 90 days after the date of
the enactment of this Act.
(d) Report to Congress.--Not later than March 1, 2001, the
Secretary of the Army shall submit a report on the results of
the review and assessment under subsection (c) to the
Committees on Armed Services of the Senate and the House of
Representatives. The report shall include the following:
(1) The findings resulting from the review and
assessment.
(2) Any proposal for legislation that the Secretary
recommends to strengthen the authority of the Secretary
of Health and Human Services and the authority of the
Secretary of the Army to take the actions described in
subparagraphs (A) and (B), respectively, of subsection
(c)(1).
(e) Consultation Requirement.--The Secretary of the Army
shall consult with the Secretary of Health and Human Services
in carrying out the review and assessment under subsection (c)
and in preparing the report (including making recommendations)
under subsection (d).
SEC. 756. PRIVACY OF DEPARTMENT OF DEFENSE MEDICAL RECORDS.
(a) Comprehensive Plan.--Not later than April 1, 2001, the
Secretary of Defense shall submit to Congress a comprehensive
plan to improve privacy protections for medical records
maintained by the Department of Defense. Such plan shall be
consistent with the regulations promulgated under section
264(c) of the Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191; 42 U.S.C. 1320d-2 note).
(b) Interim Regulations.--(1) Notwithstanding any other
provision of law, the Secretary shall prescribe interim
regulations, pending full implementation of the comprehensive
plan described in subsection (a), to improve privacy
protections for medical records maintained by the Department of
Defense.
(2) The regulations prescribed under paragraph (1) shall
provide maximum protections for privacy consistent with such
actions that the Secretary determines are necessary for
purposes of national security, law enforcement, patient
treatment, public health reporting, accreditation and licensure
review activities, external peer review and other quality
assurance program activities, payment for health care services,
fraud and abuse prevention, judicial and administrative
proceedings, research consistent with regulations on
Governmentwide protection of human subjects, Department of
Veterans Affairs benefit programs, and any other purposes
identified by the Secretary for the responsible management of
the military health care system.
SEC. 757. AUTHORITY TO ESTABLISH SPECIAL LOCALITY-BASED REIMBURSEMENT
RATES; REPORTS.
(a) In General.--Section 1079(h) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(5) To assure access to care for all covered
beneficiaries, the Secretary of Defense, in consultation with
the other administering Secretaries, shall designate specific
rates for reimbursement for services in certain localities if
the Secretary determines that without payment of such rates
access to health care services would be severely impaired. Such
a determination shall be based on consideration of the number
of providers in a locality who provide the services, the number
of such providers who are CHAMPUS participating providers, the
number of covered beneficiaries under CHAMPUS in the locality,
the availability of military providers in the location or a
nearby location, and any other factors determined to be
relevant by the Secretary.''.
(b) Reports.--(1) Not later than March 31, 2001, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives and the
General Accounting Office a report on actions taken to carry
out section 1079(h)(5) of title 10, United States Code (as
added by subsection (a)) and section 1097b of such title.
(2) Not later than May 1, 2001, the Comptroller General
shall submit to Congress a report analyzing the utility of--
(A) increased reimbursement authorities with
respect to ensuring the availability of network
providers and nonnetwork providers under the TRICARE
program to covered beneficiaries under chapter 55 of
such title; and
(B) requiring a reimbursement limitation of 70
percent of usual and customary rates rather than 115
percent of maximum allowable charges under the Civilian
Health and Medical Program of the Uniformed Services.
(3)(A) Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the extent to which physicians are
choosing not to participate in contracts for the furnishing of
health care in rural States under chapter 55 of title 10,
United States Code. The report shall include the following:
(i) The number of physicians in rural States who
are withdrawing from participation, or otherwise
refusing to participate, in the health care contracts.
(ii) The reasons for the withdrawals and refusals.
(iii) The actions that the Secretary of Defense can
take to encourage more physicians to participate in the
health care contracts.
(iv) Any recommendations for legislation that the
Secretary considers necessary to encourage more
physicians to participate in the health care contracts.
(B) In this paragraph, the term ``rural State'' means a
State that has, on average, as determined by the Bureau of the
Census in the latest decennial census--
(i) fewer than 76 residents per square mile; and
(ii) fewer than 211 actively practicing physicians
(not counting physicians employed by the United States)
per 100,000 residents.
SEC. 758. REIMBURSEMENT FOR CERTAIN TRAVEL EXPENSES.
(a) In General.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074h (as added by
section 706) the following new section:
``Sec. 1074i. Reimbursement for certain travel expenses
``In any case in which a covered beneficiary is referred by
a primary care physician to a specialty care provider who
provides services more than 100 miles from the location in
which the primary care provider provides services to the
covered beneficiary, the Secretary shall provide reimbursement
for reasonable travel expenses for the covered beneficiary.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1074g the following new item:
``1074i. Reimbursement for certain travel expenses.''.
SEC. 759. REDUCTION OF CAP ON PAYMENTS.
Section 1086(b)(4) of title 10, United States Code, is
amended by striking ``$7,500'' and inserting ``$3,000''.
SEC. 760. TRAINING IN HEALTH CARE MANAGEMENT AND ADMINISTRATION.
(a) Expansion of Program.--Section 715(a) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 110 Stat 375; 10 U.S.C. 1073 note) is amended--
(1) in the matter preceding paragraph (1), by
striking ``Not later than six months after the date of
the enactment of this Act, the'' and inserting ``The'';
(2) in paragraph (1)--
(A) by inserting ``, deputy commander, and
managed care coordinator'' after ``commander'';
and
(B) by inserting ``, and any other
person,'' after ``Defense''; and
(3) by amending subsection (b) to read as follows:
``(b) Limitation on Assignment Until Completion of
Training.--No person may be assigned as the commander, deputy
commander, or managed care coordinator of a military medical
treatment facility or as a TRICARE lead agent or senior member
of the staff of a TRICARE lead agent office until the Secretary
of the military department concerned submits a certification to
the Secretary of Defense that such person has completed the
training described in subsection (a).''.
(b) Report Requirement.--(1) Not later than 18 months after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on progress in meeting the
requirements of section 715 of such Act (as amended by
subsection (a)) by implementing a professional educational
program to provide appropriate training in health care
management and administration.
(2) The report required by paragraph (1) shall include the
following:
(A) A survey of professional civilian
certifications and credentials which demonstrate
achievement of the requirements of such section.
(B) A description of the continuing education
activities required to obtain initial certification and
periodic required recertification.
(C) A description of the prominence of such
credentials or certifications among senior civilian
health care executives.
(c) Applicability.--The amendments made by subsection (a)
to section 715 of such Act--
(1) shall apply to a deputy commander, a managed
care coordinator of a military medical treatment
facility, or a lead agent for coordinating the delivery
of health care by military and civilian providers under
the TRICARE program, who is assigned to such position
on or after the date that is one year after the date of
the enactment of this Act; and
(2) may apply, in the discretion of the Secretary
of Defense, to a deputy commander, a managed care
coordinator of such a facility, or a lead agent for
coordinating the delivery of such health care, who is
assigned to such position before the date that is one
year after the date of the enactment of this Act.
SEC. 761. STUDIES ON FEASIBILITY OF SHARING BIOMEDICAL RESEARCH
FACILITY.
(a) Studies Required.--(1) The Secretary of the Army shall
conduct a study on the feasibility of the Tripler Army Medical
Center, Hawaii, sharing a biomedical research facility with the
Department of Veterans Affairs and the School of Medicine at
the University of Hawaii for the purpose of making more
efficient use of funding for biomedical research.
(2) The Secretary of the Air Force shall conduct a study on
the feasibility of the Little Rock Medical Facility, Arkansas,
sharing a biomedical research facility with the Department of
Veterans Affairs and the School of Medicine at the University
of Arkansas for the purpose of making more efficient use of
funding for biomedical research.
(3) The biomedical research facilities described in
paragraphs (1) and (2) would include a clinical research center
and facilities for educational, academic, and laboratory
research.
(b) Reports.--Not later than March 1, 2001--
(1) the Secretary of the Army shall submit to the
Committees on Armed Services of the House of
Representatives and the Senate a report on the study
conducted under subsection (a)(1); and
(2) the Secretary of the Air Force shall submit to
such committees a report on the study conducted under
subsection (a)(2).
SEC. 762. STUDY ON COMPARABILITY OF COVERAGE FOR PHYSICAL, SPEECH, AND
OCCUPATIONAL THERAPIES.
(a) Study Required.--The Secretary of Defense shall conduct
a study comparing coverage and reimbursement for covered
beneficiaries under chapter 55 of title 10, United States Code,
for physical, speech, and occupational therapies under the
TRICARE program and the Civilian Health and Medical Program of
the Uniformed Services to coverage and reimbursement for such
therapies by insurers under Medicareand the Federal Employees
Health Benefits Program. The study shall examine the following:
(1) Types of services covered.
(2) Whether prior authorization is required to
receive such services.
(3) Reimbursement limits for services covered.
(4) Whether services are covered on both an
inpatient and outpatient basis.
(b) Report.--Not later than March 31, 2001, the Secretary
shall submit a report on the findings of the study conducted
under this section to the Committees on Armed Services of the
Senate and the House of Representatives.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Department of Defense acquisition pilot programs.
Sec. 802. Multiyear services contracts.
Sec. 803. Clarification and extension of authority to carry out certain
prototype projects.
Sec. 804. Clarification of authority of Comptroller General to review
records of participants in certain prototype projects.
Sec. 805. Extension of time period of limitation on procurement of ball
bearings and roller bearings.
Sec. 806. Reporting requirements relating to multiyear contracts.
Sec. 807. Eligibility of small business concerns owned and controlled by
women for assistance under the mentor-protege program.
Sec. 808. Qualifications required for employment and assignment in
contracting positions.
Sec. 809. Revision of authority for solutions-based contracting pilot
program.
Sec. 810. Procurement notice of contracting opportunities through
electronic means.
Subtitle B--Information Technology
Sec. 811. Acquisition and management of information technology.
Sec. 812. Tracking and management of information technology purchases.
Sec. 813. Appropriate use of requirements regarding experience and
education of contractor personnel in the procurement of
information technology services.
Sec. 814. Navy-Marine Corps Intranet.
Sec. 815. Sense of Congress regarding information technology systems for
Guard and Reserve components.
Subtitle C--Other Acquisition-Related Matters
Sec. 821. Improvements in procurements of services.
Sec. 822. Financial analysis of use of dual rates for quantifying
overhead costs at Army ammunition plants.
Sec. 823. Repeal of prohibition on use of Department of Defense funds
for procurement of nuclear-capable shipyard crane from a
foreign source.
Sec. 824. Extension of waiver period for live-fire survivability testing
for MH-47E and MH-60K helicopter modification programs.
Sec. 825. Compliance with existing law regarding purchases of equipment
and products.
Sec. 826. Requirement to disregard certain agreements in awarding
contracts for the purchase of firearms or ammunition.
Subtitle D--Studies and Reports
Sec. 831. Study on impact of foreign sourcing of systems on long-term
military readiness and related industrial infrastructure.
Sec. 832. Study of policies and procedures for transfer of commercial
activities.
Sec. 833. Study and report on practice of contract bundling in military
construction contracts.
Sec. 834. Requirement to conduct study on contract bundling.
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. DEPARTMENT OF DEFENSE ACQUISITION PILOT PROGRAMS.
(a) Extension of Authority.--Section 5064(d)(2) of the
Federal Acquisition Streamlining Act of 1994 (Public Law 103-
355; 108 Stat. 3361; 10 U.S.C. 2430 note) is amended by
striking ``45 days after the date of the enactment of this Act
and ends on September 30, 1998'' and inserting ``on October 13,
1994, and ends on October 1, 2007''.
(b) Expansion of JDAM Program.--Section 5064(a)(2) of such
Act is amended by striking ``1000-pound and 2000-pound bombs''
and inserting ``500-pound, 1000-pound, and 2000-pound bombs''.
(c) Report Required.--(1) Not later than January 1, 2001,
the Secretary of Defense shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a
report on the acquisition pilot programs of the Department of
Defense. The report shall describe, for each acquisition
program identified in section 5064(a) of the Federal
Acquisition Streamlining Act of 1994, the following:
(A) Each quantitative measure and goal established
for each item described in paragraph (2), which of such
goals have been achieved, and the extent to which the
use of the authorities in section 809 of the National
Defense Authorization Act for Fiscal Year 1991 (Public
Law 101-510; 10 U.S.C. 2430 note) and section 5064 of
the Federal Acquisition Streamlining Act of 1994 was a
factor in achieving each of such goals.
(B) Recommended revisions to statutes or the
Federal Acquisition Regulation as a result of
participation in the pilot program.
(C) Any innovative business practices developed as
a result of participation in the pilot program, whether
such business practices could be applied to other
acquisition programs, and any impediments to
application of such practices to other programs.
(D) Technological changes to the program, and to
what extent those changes affected the items in
paragraph (2).
(E) Any other information determined appropriate by
the Secretary.
(2) The items under this paragraph are, with respect to
defense acquisition programs, the following:
(A) The acquisition management costs.
(B) The unit cost of the items procured.
(C) The acquisition cycle.
(D) The total cost of carrying out the contract.
(E) Staffing necessary to carry out the program.
SEC. 802. MULTIYEAR SERVICES CONTRACTS.
(a) In General.--(1) Chapter 137 of title 10, United States
Code, is amended by inserting after section 2306b the
following:
``Sec. 2306c. Multiyear contracts: acquisition of services
``(a) Authority.--Subject to subsections (d) and (e), the
head of an agency may enter into contracts for periods of not
more than five years for services described in subsection (b),
and for items of supply related to such services, for which
funds would otherwise be available for obligation only within
the fiscal year for which appropriated whenever the head of the
agency finds that--
``(1) there will be a continuing requirement for
the services consonant with current plans for the
proposed contract period;
``(2) the furnishing of such services will require
a substantial initial investment in plant or equipment,
or the incurrence of substantial contingent liabilities
for the assembly, training, or transportation of a
specialized work force; and
``(3) the use of such a contract will promote the
best interests of the United States by encouraging
effective competition and promoting economies in
operation.
``(b) Covered Services.--The authority under subsection (a)
applies to the following types of services:
``(1) Operation, maintenance, and support of
facilities and installations.
``(2) Maintenance or modification of aircraft,
ships, vehicles, and other highly complex military
equipment.
``(3) Specialized training necessitating high
quality instructor skills (for example, pilot and air
crew members; foreign language training).
``(4) Base services (for example, ground
maintenance; in-plane refueling; bus transportation;
refuse collection and disposal).
``(c) Applicable Principles.--In entering into multiyear
contracts for services under the authority of this section, the
head of the agency shall be guided by the following principles:
``(1) The portion of the cost of any plant or
equipment amortized as a cost of contract performance
should not exceed the ratio between the period of
contract performance and the anticipated useful
commercial life of such plant or equipment. Useful
commercial life, for this purpose, means the commercial
utility of the facilities rather than the physical life
thereof, with due consideration given to such factors
as location of facilities, specialized nature thereof,
and obsolescence.
``(2) Consideration shall be given to the
desirability of obtaining an option to renew the
contract for a reasonable period not to exceed three
years, at prices not to include charges for plant,
equipment and other nonrecurring costs, already
amortized.
``(3) Consideration shall be given to the
desirability of reserving in the agency the right, upon
payment of theunamortized portion of the cost of the
plant or equipment, to take title thereto under appropriate
circumstances.
``(d) Restrictions Applicable Generally.--(1) The head of
an agency may not initiate under this section a contract for
services that includes an unfunded contingent liability in
excess of $20,000,000 unless the committees of Congress named
in paragraph (5) are notified of the proposed contract at least
30 days in advance of the award of the proposed contract.
``(2) The head of an agency may not initiate a multiyear
contract for services under this section if the value of the
multiyear contract would exceed $500,000,000 unless authority
for the contract is specifically provided by law.
``(3) The head of an agency may not terminate a multiyear
procurement contract for services until 10 days after the date
on which notice of the proposed termination is provided to the
committees of Congress named in paragraph (5).
``(4) Before any contract described in subsection (a) that
contains a clause setting forth a cancellation ceiling in
excess of $100,000,000 may be awarded, the head of the agency
concerned shall give written notification of the proposed
contract and of the proposed cancellation ceiling for that
contract to the committees of Congress named in paragraph (5),
and such contract may not then be awarded until the end of a
period of 30 days beginning on the date of such notification.
``(5) The committees of Congress referred to in paragraphs
(1), (3), and (4) are as follows:
``(A) The Committee on Armed Services and the
Committee on Appropriations of the Senate.
``(B) The Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.
``(e) Cancellation or Termination for Insufficient Funding
After First Year.--In the event that funds are not made
available for the continuation of a multiyear contract for
services into a subsequent fiscal year, the contract shall be
canceled or terminated, and the costs of cancellation or
termination may be paid from--
``(1) appropriations originally available for the
performance of the contract concerned;
``(2) appropriations currently available for
procurement of the type of services concerned, and not
otherwise obligated; or
``(3) funds appropriated for those payments.
``(f) Multiyear Contract Defined.--For the purposes of this
section, a multiyear contract is a contract for the purchase of
services for more than one, but not more than five, program
years. Such a contract may provide that performance under the
contract during the second and subsequent years of the contract
is contingent upon the appropriation of funds and (if it does
so provide) may provide for a cancellation payment to be made
to the contractor if such appropriations are not made.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2306b the following:
``2306c. Multiyear contracts: acquisition of services.''.
(b) Reference to Relocated Authority.--Subsection (g) of
section 2306 of such title is amended to read as follows:
``(g) Multiyear contracting authority for the acquisition
of services is provided in section 2306c of this title.''.
(c) Conforming Amendment.--Section 2306b(k) of title 10,
United States Code, is amended by striking ``or services''.
(d) Applicability.--Section 2306c of title 10, United
States Code (as added by subsection (a)), shall apply with
respect to contracts for which solicitations of offers are
issued after the date of the enactment of this Act.
SEC. 803. CLARIFICATION AND EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
(a) Amendments to Authority.--Section 845 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2371 note) is amended--
(1) by redesignating subsection (d) as subsection
(f); and
(2) by inserting after subsection (c) the following
new subsections:
``(d) Appropriate Use of Authority.--(1) The Secretary of
Defense shall ensure that no official of an agency enters into
a transaction (other than a contract, grant, or cooperative
agreement) for a prototype project under the authority of this
section unless--
``(A) there is at least one nontraditional defense
contractor participating to a significant extent in the
prototype project; or
``(B) no nontraditional defense contractor is
participating to a significant extent in the prototype
project, but at least one of the following
circumstances exists:
``(i) At least one third of the total cost
of the prototype project is to be paid out of
funds provided by parties to the transaction
other than the Federal Government.
``(ii) The senior procurement executive for
the agency (as designated for the purposes of
section 16(3) of the Office of Federal
Procurement Policy Act (41 U.S.C. 414(3))
determines in writing that exceptional
circumstances justify the use of a transaction
that provides for innovative business
arrangements or structures that would not be
feasible or appropriate under a contract.
``(2)(A) Except as provided in subparagraph (B), the
amounts counted for the purposes of this subsection as being
provided, or to be provided, by a party to a transaction with
respect to a prototype project that is entered into under this
section other than the Federal Government do not include costs
that were incurred before the date on which the transaction
becomes effective.
``(B) Costs that were incurred for a prototype project by a
party after the beginning of negotiations resulting in a
transaction (other than a contract, grant, or cooperative
agreement) with respect to the project before the date on which
the transaction becomes effective may be counted for purposes
of this subsection as being provided, or to be provided, by the
party to the transaction if and to the extent that the official
responsible for entering into the transaction determines in
writing that--
``(i) the party incurred the costs in anticipation
of entering into the transaction; and
``(ii) it was appropriate for the party to incur
the costs before the transaction became effective in
order to ensure the successful implementation of the
transaction.
``(e) Nontraditional Defense Contractor Defined.--In this
section, the term `nontraditional defense contractor' means an
entity that has not, for a period of at least one year prior to
the date that a transaction (other than a contract, grant, or
cooperative agreement) for a prototype project under the
authority of this section is entered into, entered into or
performed with respect to--
``(1) any contract that is subject to full coverage
under the cost accounting standards prescribed pursuant
to section 26 of the Office of Federal Procurement
Policy Act (41 U.S.C. 422) and the regulations
implementing such section; or
``(2) any other contract in excess of $500,000 to
carry out prototype projects or to perform basic,
applied, or advanced research projects for a Federal
agency, that is subject to the Federal Acquisition
Regulation.''.
(b) Extension of Authority.--Subsection (f) of such
section, as redesignated by subsection (a)(1), is amended by
striking ``September 30, 2001'' and inserting ``September 30,
2004''.
SEC. 804. CLARIFICATION OF AUTHORITY OF COMPTROLLER GENERAL TO REVIEW
RECORDS OF PARTICIPANTS IN CERTAIN PROTOTYPE
PROJECTS.
(a) Comptroller General Review.--Section 845(c) of the
National Defense Authorization Act for Fiscal Year 1994 (10
U.S.C. 2371 note) is amended--
(1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(2) by inserting after paragraph (2) the following
new paragraph (3):
``(3)(A) The right provided to the Comptroller General in a
clause of an agreement under paragraph (1) is limited as
provided in subparagraph (B) in the case of a party to the
agreement, an entity that participates in the performance of
the agreement, or a subordinate element of that party or entity
if the only agreements or other transactions that the party,
entity, or subordinate element entered into with Government
entities in the year prior to the date of that agreement are
cooperative agreements or transactions that were entered into
under this section or section 2371 of title 10, United States
Code.
``(B) The only records of a party, other entity, or
subordinate element referred to in subparagraph (A) that the
Comptroller General may examine in the exercise of the right
referred to in that subparagraph are records of the same type
as the records that the Government has had the right to examine
under the audit access clauses of the previous agreements or
transactions referred to in such subparagraph that were entered
into by that particular party, entity, or subordinate
element.''.
SEC. 805. EXTENSION OF TIME PERIOD OF LIMITATION ON PROCUREMENT OF BALL
BEARINGS AND ROLLER BEARINGS.
Section 2534(c)(3) of title 10, United States Code, is
amended by striking ``October 1, 2000'' and inserting ``October
1, 2005''.
SEC. 806. REPORTING REQUIREMENTS RELATING TO MULTIYEAR CONTRACTS.
Section 2306b(l) of title 10, United States Code, is
amended--
(1) in paragraph (4)--
(A) in the matter preceding subparagraph
(A), by striking ``The head of an agency'' and
all that follows through ``following
information'' and inserting ``Not later than
the date of the submission of the President's
budget request under section 1105 of title 31,
the Secretary of Defense shall submit a report
to the congressional defense committees each
year, providing the following information with
respect to each multiyear contract (and each
extension of an existing multiyear contract)
entered into, or planned to be entered into, by
the head of an agency during the current or
preceding year''; and
(B) in subparagraph (B), by striking ``in
effect immediately before the contract (or
contract extension) is entered into'' and
inserting ``in effect at the time the report is
submitted'';
(2) by redesignating paragraphs (5) through (9) as
paragraphs (6) through (10), respectively; and
(3) by inserting after paragraph (4) the following
new paragraph (5):
``(5) The head of an agency may not enter into a multiyear
contract (or extend an existing multiyear contract), the value
of which would exceed $500,000,000 (when entered into or when
extended, as the case may be), until the Secretary of Defense
submits to the congressional defense committees a report
containing the information described in paragraph (4) with
respect to the contract (or contract extension).''.
SEC. 807. ELIGIBILITY OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED
BY WOMEN FOR ASSISTANCE UNDER THE MENTOR-PROTEGE
PROGRAM.
Section 831(m)(2) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note)
is amended--
(1) by striking ``or'' at the end of subparagraph
(C);
(2) by striking the period at the end of
subparagraph (D) and inserting ``; or''; and
(3) by adding at the end the following:
``(E) a small business concern owned and
controlled by women, as defined in section
8(d)(3)(D) of the Small Business Act (15 U.S.C.
637(d)(3)(D)).''.
SEC. 808. QUALIFICATIONS REQUIRED FOR EMPLOYMENT AND ASSIGNMENT IN
CONTRACTING POSITIONS.
(a) Applicability of Requirements to Members of the Armed
Forces.--Section 1724 of title 10, United States Code, is
amended in the first sentence of subsection (d)--
(1) by striking ``employee of'' and inserting
``employee or member of''; and
(2) by striking ``employee possesses'' and
inserting ``employee or member possesses''.
(b) Mandatory Academic Qualifications.--(1) Subsection
(a)(3) of such section is amended--
(A) by inserting ``and'' before ``(B)''; and
(B) by striking ``, or (C)'' and all that follows
through ``listed in subparagraph (B)''.
(2) Subsection (b) of such section is amended to read as
follows:
``(b) GS-1102 Series Positions and Similar Military
Positions.--The Secretary of Defense shall require that a
person meet the requirements set forth in paragraph (3) of
subsection (a), but not the other requirements set forth in
that subsection, in order to qualify to serve in a position in
the Department of Defense in--
``(1) the GS-1102 occupational series; or
``(2) a similar occupational specialty if the
position is to be filled by a member of the armed
forces.''.
(c) Exception.--Subsection (c) of such section is amended
to read as follows:
``(c) Exception.--The requirements imposed under subsection
(a) or (b) shall not apply to a person for the purpose of
qualifying to serve in a position in which the person is
serving on September 30, 2000.''.
(d) Deletion of Unnecessary Cross References.--Subsection
(a) of such section is amended by striking ``(except as
provided in subsections (c) and (d))'' in the matter preceding
paragraph (1).
(e) Effective Date.--This section, and the amendments made
by this section, shall take effect on October 1, 2000, and
shall apply to appointments and assignments to contracting
positions made on or after that date.
SEC. 809. REVISION OF AUTHORITY FOR SOLUTIONS-BASED CONTRACTING PILOT
PROGRAM.
(a) Pilot Projects Under the Program.--Section 5312 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1492) is amended--
(1) in subsection (a), by striking ``subsection
(d)(2)'' and inserting ``subsection (d)''; and
(2) by striking subsection (d) and inserting the
following:
``(d) Pilot Program Projects.--The Administrator shall
authorize to be carried out under the pilot program--
``(1) not more than 10 projects, each of which has
an estimated cost of at least $25,000,000 and not more
than $100,000,000; and
``(2) not more than 10 projects for small business
concerns, each of which has an estimated cost of at
least $1,000,000 and not more than $5,000,000.''.
(b) Elimination of Requirement for Federal Funding of
Program Definition Phase.--Subsection (c)(9)(B) of such section
is amended by striking ``program definition phase (funded, in
the case of the source ultimately awarded the contract, by the
Federal Government)--'' and inserting ``program definition
phase--''.
SEC. 810. PROCUREMENT NOTICE OF CONTRACTING OPPORTUNITIES THROUGH
ELECTRONIC MEANS.
(a) Publication by Electronic Means.--Subsection (a) of
section 18 of the Office of Federal Procurement Policy Act (41
U.S.C. 416) is amended--
(1) in paragraph (1)(A), by striking ``furnish for
publication by the Secretary of Commerce'' and
inserting ``publish'';
(2) by striking paragraph (2) and inserting the
following:
``(2)(A) A notice of solicitation required to be published
under paragraph (1) may be published--
``(i) by electronic means that meets the
requirements for accessibility under paragraph (7); or
``(ii) by the Secretary of Commerce in the Commerce
Business Daily.
``(B) The Secretary of Commerce shall promptly publish in
the Commerce Business Daily each notice or announcement
received under this subsection for publication by that
means.''; and
(3) by adding at the end the following:
``(7) A publication of a notice of solicitation by
electronic means meets the requirements for accessibility under
this paragraph if the notice is electronically accessible in a
form that allows convenient and universal user access through
the single Government-wide point of entry designated in the
Federal Acquisition Regulation.''.
(b) Waiting Period for Issuance of Solicitation.--Paragraph
(3) of such subsection is amended--
(1) in the matter preceding subparagraph (A), by
striking ``furnish a notice to the Secretary of
Commerce'' and inserting ``publish a notice of
solicitation''; and
(2) in subparagraph (A), by striking ``by the
Secretary of Commerce''.
(c) Conforming Amendments To Small Business Act.--
Subsection (e) of section 8 of the Small Business Act (15
U.S.C. 637) is amended--
(1) in paragraph (1)(A), by striking ``furnish for
publication by the Secretary of Commerce'' and
inserting ``publish'';
(2) by striking paragraph (2) and inserting the
following:
``(2)(A) A notice of solicitation required to be published
under paragraph (1) may be published--
``(i) by electronic means that meet the
accessibility requirements under section 18(a)(7) of
the Office of Federal Procurement Policy Act (41 U.S.C.
416(a)(7)); or
``(ii) by the Secretary of Commerce in the Commerce
Business Daily.
``(B) The Secretary of Commerce shall promptly publish in
the Commerce Business Daily each notice or announcement
received under this subsection for publication by that
means.''; and
(3) in paragraph (3)--
(A) in the matter preceding subparagraph
(A), by striking ``furnish a notice to the
Secretary of Commerce'' and inserting ``publish
a notice of solicitation''; and
(B) in subparagraph (A), by striking ``by
the Secretary of Commerce''.
(d) Periodic Reports on Implementation of Electronic
Commerce in Federal Procurement.--Section 30(e) of the Office
of Federal Procurement Policy Act (41 U.S.C. 426(e)) is
amended--
(1) in the first sentence, by striking ``Not later
than March 1, 1998, and every year afterward through
2003'' and inserting ``Not later than March 1 of each
even-numbered year through 2004''; and
(2) in paragraph (4)--
(A) by striking ``Beginning with the report
submitted on March 1, 1999, an'' and inserting
``An''; and
(B) by striking ``calendar year'' and
inserting ``two fiscal years''.
(e) Effective Date; Applicability.--The amendments made by
this section shall take effect on October 1, 2000. The
amendments made by subsections (a), (b), and (c) shall apply
with respect to solicitations issued on or after that date.
Subtitle B--Information Technology
SEC. 811. ACQUISITION AND MANAGEMENT OF INFORMATION TECHNOLOGY.
(a) Responsibility of DOD Chief Information Officer
Relating to Mission Critical and Mission Essential Information
Technology Systems.--Section 2223(a) of title 10, United States
Code, is amended--
(1) by striking ``and'' at the end of paragraph
(3);
(2) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(3) by adding at the end the following:
``(5) maintain a consolidated inventory of
Department of Defense mission critical and mission
essential information systems, identify interfaces
between those systems and other information systems,
and develop and maintain contingency plans for
responding to a disruption in the operation of any of
those information systems.''.
(b) Minimum Planning Requirements for the Acquisition of
Information Technology Systems.--(1) Not later than 60 days
after the date of the enactment of this Act, Department of
Defense Directive 5000.1 shall be revised to establish minimum
planning requirements for the acquisition of information
technology systems.
(2) The revised directive required by (1) shall--
(A) include definitions of the terms ``mission
critical information system'' and ``mission essential
information system'';
(B) prohibit the award of any contract for the
acquisition of a mission critical or mission essential
information technology system until--
(i) the system has been registered with the
Chief Information Officer of the Department of
Defense;
(ii) the Chief Information Officer has
received all information on the system that is
required under the directive to be provided to
that official; and
(iii) the Chief Information Officer has
determined that there is in place for the
system an appropriate information assurance
strategy; and
(C) require that, in the case of each system
registered pursuant to subparagraph (B)(i), the
information required under subparagraph (B)(ii) to be
submitted as part of the registration shall be updated
on not less than a quarterly basis.
(c) Milestone Approval for Major Automated Information
Systems.--The revised directive required by subsection (b)
shall prohibit Milestone I approval, Milestone II approval, or
Milestone III approval (or the equivalent) of a major automated
information system within the Department of Defense until the
Chief Information Officer has determined that--
(1) the system is being developed in accordance
with the requirements of division E of the Clinger-
Cohen Act of 1996 (40 U.S.C. 1401 et seq.);
(2) appropriate actions have been taken with
respect to the system in the areas of business process
reengineering, analysis of alternatives, economic
analysis, and performance measures; and
(3) the system has been registered as described in
subsection (b)(2)(B).
(d) Notice of Redesignation of Systems.--(1) Whenever
during fiscal year 2001, 2002, or 2003 the Chief Information
Officer designates a system previously designated as a major
automated information system to be in a designation category
other than a major automated information system, the Chief
Information Officer shall notify the congressional defense
committees of that designation. The notice shall be provided
not later than 30 days after the date of that designation. Any
such notice shall include the rationale for the decision to
make the designation and a description of the program
management oversight that will be implemented for the system so
designated.
(2) Not later than 60 days after the date of the enactment
of this Act, the Chief Information Officer shall submit to the
congressional defense committees a report specifying each
information system of the Department of Defense previously
designated as a major automated information system that is
currently designated in a designation category other than a
major automated information system including designation as a
``special interest major technology initiative''. The report
shall include for each such system the information specified in
the third sentence of paragraph (1).
(e) Annual Implementation Report.--(1) The Secretary of
Defense shall submit to the congressional defense committees,
not later than April 1 of each of fiscal years 2001, 2002, and
2003, a report on the implementation of the requirements of
this section during the preceding fiscal year.
(2) The report for a fiscal year under paragraph (1) shall
include, at a minimum, for each major automated information
system that was approved during such preceding fiscal year
under Department of Defense Directive 5000.1 (as revised
pursuant to subsection (b)), the following:
(A) The funding baseline.
(B) The milestone schedule.
(C) The actions that have been taken to ensure
compliance with the requirements of this section and
the directive.
(3) The first report shall include, in addition to the
information required by paragraph (2), an explanation of the
manner in which the responsible officials within the Department
of Defense have addressed, or intend to address, the following
acquisition issues for each major automated information system
planned to be acquired after that fiscal year:
(A) Requirements definition.
(B) Presentation of a business case analysis,
including an analysis of alternatives and a calculation
of return on investment.
(C) Performance measurement.
(D) Test and evaluation.
(E) Interoperability.
(F) Cost, schedule, and performance baselines.
(G) Information assurance.
(H) Incremental fielding and implementation.
(I) Risk mitigation.
(J) The role of integrated product teams.
(K) Issues arising from implementation of the
Command, Control, Communications, Computers,
Intelligence, Surveillance, and Reconnaissance Plan
required by Department of Defense Directive 5000.1 and
Chairman of the Joint Chiefs of Staff Instruction
3170.01.
(L) Oversight, including the Chief Information
Officer's oversight of decision reviews.
(f) Definitions.--In this section:
(1) The term ``Chief Information Officer'' means
the senior official of the Department of Defense
designated by the Secretary of Defense pursuant to
section 3506 of title 44, United States Code.
(2) The term ``information technology system'' has
the meaning given the term ``information technology''
in section 5002 of the Clinger-Cohen Act of 1996 (40
U.S.C. 1401).
(3) The term ``major automated information system''
has the meaning given that term in Department of
Defense Directive 5000.1.
SEC. 812. TRACKING AND MANAGEMENT OF INFORMATION TECHNOLOGY PURCHASES.
(a) In General.--(1) Chapter 131 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2225. Information technology purchases: tracking and management
``(a) Collection of Data Required.--To improve tracking and
management of information technology products and services by
the Department of Defense, the Secretary of Defense shall
provide for the collection of the data described in subsection
(b) for each purchase of such products or services made by a
military department or Defense Agency in excess of the
simplified acquisition threshold, regardless of whether such a
purchase is made in the form of a contract, task order,
delivery order, military interdepartmental purchase request, or
any other form of interagency agreement.
``(b) Data To Be Collected.--The data required to be
collected under subsection (a) includes the following:
``(1) The products or services purchased.
``(2) Whether the products or services are
categorized as commercially available off-the-shelf
items, other commercial items, nondevelopmental items
other than commercial items, other noncommercial items,
or services.
``(3) The total dollar amount of the purchase.
``(4) The form of contracting action used to make
the purchase.
``(5) In the case of a purchase made through an
agency other than the Department of Defense--
``(A) the agency through which the purchase
is made; and
``(B) the reasons for making the purchase
through that agency.
``(6) The type of pricing used to make the purchase
(whether fixed price or another type of pricing).
``(7) The extent of competition provided in making
the purchase.
``(8) A statement regarding whether the purchase
was made from--
``(A) a small business concern;
``(B) a small business concern owned and
controlled by socially and economically
disadvantaged individuals; or
``(C) a small business concern owned and
controlled by women.
``(9) A statement regarding whether the purchase
was made in compliance with the planning requirements
under sections 5122 and 5123 of the Clinger-Cohen Act
of 1996 (40 U.S.C. 1422, 1423).
``(c) Responsibility To Ensure Fairness of Certain
Prices.--The head of each contracting activity in the
Department of Defense shall have responsibility for ensuring
the fairness and reasonableness of unit prices paid by the
contracting activity for information technology products and
services that are frequently purchased commercially available
off-the-shelf items.
``(d) Limitation on Certain Purchases.--No purchase of
information technology products or services in excess of the
simplified acquisition threshold shall be made for the
Department of Defense from a Federal agency outside the
Department of Defense unless--
``(1) the purchase data is collected in accordance
with subsection (a); or
``(2)(A) in the case of a purchase by a Defense
Agency, the purchase is approved by the Under Secretary
of Defense for Acquisition, Technology, and Logistics;
or
``(B) in the case of a purchase by a military
department, the purchase is approved by the senior
procurement executive of the military department.
``(e) Annual Report.--Not later than March 15 of each year,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report containing a summary of the data collected in accordance
with subsection (a).
``(f) Definitions.--In this section:
``(1) The term `senior procurement executive', with
respect to a military department, means the official
designated as the senior procurement executive for the
military department for the purposes of section 16(3)
of the Office of Federal Procurement Policy Act (41
U.S.C. 414(3)).
``(2) The term `simplified acquisition threshold'
has the meaning given the term in section 4(11) of the
Office of Federal Procurement Policy Act (41 U.S.C.
403(11)).
``(3) The term `small business concern' means a
business concern that meets the applicable size
standards prescribed pursuant to section 3(a) of the
Small Business Act (15 U.S.C. 632(a)).
``(4) The term `small business concern owned and
controlled by socially and economically disadvantaged
individuals' has the meaning given that term in section
8(d)(3)(C) of the Small Business Act (15 U.S.C.
637(d)(3)(C)).
``(5) The term `small business concern owned and
controlled by women' has the meaning given that term in
section 8(d)(3)(D) of the Small Business Act (15 U.S.C.
637(d)(3)(D)).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
``2225. Information technology purchases: tracking and management.''.
(b) Time for Implementation; Applicability.--(1) The
Secretary of Defense shall collect data as required under
section 2225 of title 10, United States Code (as added by
subsection (a)) for all contractual actions covered by such
section entered into on or after the date that is one year
after the date of the enactment of this Act.
(2) Subsection (d) of such section shall apply with respect
to purchases described in that subsection for which
solicitations of offers are issued on or after the date that is
one year after the date of the enactment of this Act.
(c) GAO Report.--Not later than 15 months after the date of
the enactment of this Act, the Comptroller General shall submit
to the congressional defense committees a report on the
collection of data under such section 2225. The report shall
include the Comptroller General's assessment of the extent to
which the collection of data meets the requirements of that
section.
SEC. 813. APPROPRIATE USE OF REQUIREMENTS REGARDING EXPERIENCE AND
EDUCATION OF CONTRACTOR PERSONNEL IN THE
PROCUREMENT OF INFORMATION TECHNOLOGY SERVICES.
(a) Amendment of the Federal Acquisition Regulation.--Not
later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulation issued in accordance
with sections 6 and 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 405 and 421) shall be amended to address
the use, in the procurement of information technology services,
of requirements regarding the experience and education of
contractor personnel.
(b) Content of Amendment.--The amendment issued pursuant to
subsection (a) shall, at a minimum, provide that solicitations
for the procurement of information technology services shall
not set forth any minimum experience or educational requirement
for proposed contractor personnel in order for a bidder to be
eligible for award of a contract unless--
(1) the contracting officer first determines that
the needs of the executive agency cannot be met without
any such requirement; or
(2) the needs of the executive agency require the
use of a type of contract other than a performance-
based contract.
(c) GAO Report.--Not later than one year after the date on
which the regulations required by subsection (a) are published
in the Federal Register, the Comptroller General shall submit
to Congress an evaluation of--
(1) executive agency compliance with the
regulations; and
(2) conformance of the regulations with existing
law, together with any recommendations that the
Comptroller General considers appropriate.
(d) Definitions.--In this section:
(1) The term ``executive agency'' has the meaning
given that term in section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
(2) The term ``information technology'' has the
meaning given that term in section 5002(3) of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)).
(3) The term ``performance-based'', with respect to
a contract, means that the contract includes the use of
performance work statements that set forth contract
requirements in clear, specific, and objective terms
with measurable outcomes.
SEC. 814. NAVY-MARINE CORPS INTRANET.
(a) Limitation.--None of the funds authorized to be
appropriated for the Department of the Navy may be obligated or
expended to carry out a Navy-Marine Corps Intranet contract
before--
(1) the Comptroller of the Department of Defense
and the Director of the Office of Management and
Budget--
(A) have reviewed--
(i) the Report to Congress on the
Navy-Marine Corps Intranet submitted by
the Department of the Navy on June 30,
2000; and
(ii) the Business Case Analysis
Supplement for the Report to Congress
on the Navy-Marine Corps Intranet
submitted by the Department of the Navy
on July 15, 2000; and
(B) have provided their written comments to
the Secretary of the Navy and the Chief of
Naval Operations; and
(2) the Secretary of the Navy and the Chief of
Naval Operations have submitted to Congress a joint
certification that they have reviewed the business case
for the contract and the comments provided by the
Comptroller of the Department of Defense and the
Director of the Office of Management and Budget and
that they have determined that the implementation of
the contract is in the best interest of the Department
of the Navy.
(b) Phased Implementation--(1) Upon the submission of the
certification under subsection (a)(2), the Secretary of the
Navy may commence a phased implementation of a Navy-Marine
Corps Intranet contract.
(2) Not more than 15 percent of the total number of work
stations to be provided under the Navy-Marine Corps Intranet
program may be provided in the first increment of
implementation of the Navy-Marine Corps Intranet contract.
(3) No work stations in excess of the number permitted by
paragraph (2) may be provided under the program until--
(A) the Secretary of the Navy has conducted
operational testing and cost review of the increment
covered by that paragraph;
(B) the Chief Information Officer of the Department
of Defense has certified to the Secretary of the Navy
that the results of the operational testing of the
Intranet are acceptable;
(C) the Comptroller of the Department of Defense
has certified to the Secretary of the Navy that the
cost review provides a reliable basis for forecasting
the cost impact of continued implementation; and
(D) the Secretary of the Navy and the Chief of
Naval Operations have submitted to Congress a joint
certification that they have reviewed the
certifications submitted under subparagraphs (B) and
(C) and have determined that the continued
implementation of the contract is in the best interest
of the Department of the Navy.
(4) No increment of the Navy-Marine Corps Intranet that is
implemented during fiscal year 2001 may include any activities
of the Marine Corps, the naval shipyards, or the naval aviation
depots. Funds available for fiscal year 2001 for activities of
the Marine Corps, the naval shipyards, or the naval aviation
depots may not be expended for any contract for the Navy-Marine
Corps Intranet.
(c) Prohibition on Increase of Rates Charged.--The
Secretary of the Navy shall ensure t
