HR 4205 EAS
In the Senate of the United States,
July 13, 2000.
Resolved, That the bill from the House of Representatives (H.R. 4205) entitled `An Act 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.', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Defense Authorization Act for Fiscal Year 2001'.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS- This Act is organized into three divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 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. 102. Navy and Marine Corps.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical demilitarization program.
Sec. 107. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for certain programs.
Sec. 112. Reports and limitations relating to Army transformation.
Sec. 113. Rapid intravenous infusion pumps.
Subtitle C--Navy Programs
Sec. 121. CVNX-1 nuclear aircraft carrier program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Virginia class submarine program.
Sec. 124. ADC(X) ship program.
Sec. 125. Refueling and complex overhaul program of the CVN-69 nuclear aircraft carrier.
Sec. 126. Remanufactured AV-8B aircraft.
Sec. 127. Anti-personnel obstacle breaching system.
Subtitle D--Air Force Programs
Sec. 131. Repeal of requirement for annual report on B-2 bomber aircraft program.
Sec. 132. Conversion of AGM-65 Maverick missiles.
Subtitle E--Other Matters
Sec. 141. Pueblo Chemical Depot chemical agent and munitions destruction technologies.
Sec. 142. Integrated bridge systems for naval systems special warfare rigid inflatable boats and high-speed assault craft.
Sec. 143. Repeal of prohibition on use of Department of Defense funds for procurement of nuclear-capable shipyard crane from a foreign source.
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.
Sec. 203. Additional authorization for research, development, test, and evaluation on weathering and corrosion of aircraft surfaces and parts.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Fiscal year 2002 joint field experiment.
Sec. 212. Nuclear aircraft carrier design and production modeling.
Sec. 213. DD-21 class destroyer program.
Sec. 214. F-22 aircraft program.
Sec. 215. Joint strike fighter program.
Sec. 216. Global Hawk high altitude endurance unmanned aerial vehicle.
Sec. 217. Unmanned advanced capability aircraft and ground combat vehicles.
Sec. 218. Army space control technology development.
Sec. 219. Russian American Observation Satellites program.
Sec. 220. Joint biological defense program.
Sec. 221. Report on biological warfare defense vaccine research and development programs.
Sec. 222. Technologies for detection and transport of pollutants attributable to live-fire activities.
Sec. 223. Acoustic mine detection.
Sec. 224. Operational technologies for mounted maneuver forces.
Sec. 225. Air logistics technology.
Sec. 226. Precision Location and Identification Program (PLAID).
Sec. 227. Navy Information Technology Center and Human Resource Enterprise Strategy.
Sec. 228. Joint Technology Information Center Initiative.
Sec. 229. Ammunition risk analysis capabilities.
Sec. 230. Funding for comparisons of medium armored combat vehicles.
Subtitle C--Other Matters
Sec. 241. Mobile offshore base.
Sec. 242. Air Force science and technology planning.
Sec. 243. Enhancement of authorities regarding education partnerships for purposes of encouraging scientific study.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Impact aid for children with disabilities.
Sec. 312. Joint warfighting capabilities assessment teams.
Sec. 313. Weatherproofing of facilities at Keesler Air Force Base, Mississippi.
Sec. 314. Demonstration project for Internet access and services in rural communities.
Sec. 315. Tethered Aerostat Radar System (TARS) sites.
Sec. 316. Mounted Urban Combat Training site, Fort Knox, Kentucky.
Sec. 317. MK-45 overhaul.
Sec. 318. Industrial mobilization capacity at Government-owned, Government-operated Army ammunition facilities and arsenals.
Sec. 319. Close-in weapon system overhauls.
Sec. 320. Spectrum data base upgrades.
Subtitle C--Humanitarian and Civic Assistance
Sec. 321. Increased authority to provide health care services as humanitarian and civic assistance.
Sec. 322. Use of humanitarian and civic assistance funding for pay and allowances of Special Operations Command Reserves furnishing demining training and related assistance as humanitarian assistance.
Subtitle D--Department of Defense Industrial Facilities
Sec. 331. Codification and improvement of armament retooling and manufacturing support programs.
Sec. 332. Centers of Industrial and Technical Excellence.
Sec. 333. Effects of outsourcing on overhead costs of Centers of Industrial and Technical Excellence and ammunition plants.
Sec. 334. Revision of authority to waive limitation on performance of depot-level maintenance.
Sec. 335. Unutilized and underutilized plant-capacity costs of United States arsenals.
Subtitle E--Environmental Provisions
Sec. 341. Environmental restoration accounts.
Sec. 342. Payment of fines and penalties for environmental compliance violations.
Sec. 343. Annual reports under Strategic Environmental Research and Development Program.
Sec. 344. Payment of fines or penalties imposed for environmental compliance violations at certain Department of Defense facilities.
Sec. 345. Reimbursement for certain costs in connection with the Former Nansemond Ordnance Depot Site, Suffolk, Virginia.
Sec. 346. Environmental restoration activities.
Sec. 347. Ship disposal project.
Sec. 348. Report on Defense Environmental Security Corporate Information Management program.
Sec. 349. Report on Plasma Energy Pyrolysis System.
Subtitle F--Other Matters
Sec. 361. Effects of worldwide contingency operations on readiness of certain military aircraft and equipment.
Sec. 362. Realistic budgeting for readiness requirements of the Army.
Sec. 363. Additions to plan for ensuring visibility over all in-transit end items and secondary items.
Sec. 364. Performance of emergency response functions at chemical weapons storage installations.
Sec. 365. Congressional notification of use of radio frequency spectrum by a system entering engineering and manufacturing development.
Sec. 366. Monitoring of value of performance of Department of Defense functions by workforces selected from between public and private workforces.
Sec. 367. Suspension of reorganization of Naval Audit Service.
Sec. 368. Investment of commissary trust revolving fund.
Sec. 369. Economic procurement of distilled spirits.
Sec. 370. Resale of armor-piercing ammunition disposed of by the Army.
Sec. 371. Damage to aviation facilities caused by alkali silica reactivity.
Sec. 372. Reauthorization of pilot program for acceptance and use of landing fees charged for use of domestic military airfields by civil aircraft.
Sec. 373. Reimbursement by civil air carriers for support provided at Johnston Atoll.
Sec. 374. Review of costs of maintaining historical properties.
Sec. 375. Extension of authority to sell certain aircraft for use in wildfire suppression.
Sec. 376. Overseas airlift service on civil reserve air fleet aircraft.
Sec. 377. Defense travel system.
Sec. 378. Review of AH-64 aircraft program.
Sec. 379. 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. 380. Postponement of implementation of Defense Joint Accounting System (DJAS) pending analysis of the system.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2001 limitation on non-dual status technicians.
Sec. 415. Increase in numbers of members in certain grades authorized to be on active duty in support of the reserves.
Subtitle C--Other Matters Relating to Personnel Strengths
Sec. 421. Suspension of strength limitations during war or national emergency.
Sec. 422. Exclusion of certain reserve component members on active duty for more than 180 days from active component end strengths.
Sec. 423. Exclusion of Army and Air Force medical and dental officers from limitation on strengths of reserve commissioned officers in grades below brigadier general.
Sec. 424. Authority for temporary increases in number of reserve personnel serving on active duty or full-time National Guard duty in certain grades.
Sec. 425. Temporary exemption of Director of the National Security Agency from limitations on number of Air Force officers above major general.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Eligibility of Army Reserve colonels and brigadier generals for position vacancy promotions.
Sec. 502. Promotion zones for Coast Guard Reserve officers.
Sec. 503. Time for release of officer promotion selection board reports.
Sec. 504. Clarification of authority for posthumous commissions and warrants.
Sec. 505. Inapplicability of active-duty list promotion, separation, and involuntary retirement authorities to reserve general and flag officers serving in certain positions designated for reserve officers by the Chairman of the Joint Chiefs of Staff.
Sec. 506. Review of actions of selection boards.
Sec. 507. Extension to all Air Force biomedical sciences officers of authority to retain until specified age.
Sec. 508. Termination of application requirement for consideration of officers for continuation on the Reserve Active-Status List.
Sec. 509. Technical corrections relating to retired grade of reserve commissioned officers.
Sec. 510. Grade of chiefs of reserve components and directors of National Guard components.
Sec. 511. Contingent exemption from limitation on number of Air Force officers serving on active duty in grades above major general.
Subtitle B--Joint Officer Management
Sec. 521. Joint specialty designations and additional identifiers.
Sec. 522. Promotion objectives.
Sec. 524. Length of joint duty assignment.
Sec. 525. Annual report to Congress.
Sec. 526. Multiple assignments considered as single joint duty assignment.
Sec. 527. Joint duty requirement for promotion to one-star grades.
Subtitle C--Education and Training
Sec. 541. Eligibility of children of Reserves for Presidential appointment to service academies.
Sec. 542. Selection of foreign students to receive instruction at service academies.
Sec. 543. Repeal of contingent funding increase for Junior Reserve Officers Training Corps.
Sec. 544. Revision of authority for Marine Corps Platoon Leaders Class tuition assistance program.
Subtitle D--Matters Relating to Recruiting
Sec. 551. Army recruiting pilot programs.
Sec. 552. Enhancement of the joint and service recruitment market research and advertising programs.
Sec. 553. Access to secondary schools for military recruiting purposes.
Subtitle E--Military Voting Rights Act of 2000
Sec. 562. Guarantee of residency.
Sec. 563. State responsibility to guarantee military voting rights.
Subtitle F--Other Matters
Sec. 571. Authority for award of Medal of Honor to certain specified persons.
Sec. 572. Waiver of time limitations for award of certain decorations to certain persons.
Sec. 573. Ineligibility for involuntary separation pay upon declination of selection for continuation on active duty.
Sec. 574. Recognition by States of military testamentary instruments.
Sec. 575. Sense of Congress on the court-martial conviction of Captain Charles Butler McVay, Commander of the U.S.S. Indianapolis, and on the courageous service of its crew.
Sec. 576. Senior officers in command in Hawaii on December 7, 1941.
Sec. 577. Verbatim records in special courts-martial.
Sec. 578. Management and per diem requirements for members subject to lengthy or numerous deployments.
Sec. 579. Extension of TRICARE managed care support contracts.
Sec. 580. Preparation, participation, and conduct of athletic competitions and small arms competitions by the National Guard and members of the National Guard.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2001.
Sec. 602. Corrections for basic pay tables.
Sec. 603. Pay in lieu of allowance for funeral honors duty.
Sec. 604. Clarification of service excluded in computation of creditable service as a Marine Corps officer.
Sec. 605. Calculation of basic allowance for housing.
Sec. 606. Eligibility of members in grade E-4 to receive basic allowance for housing while on sea duty.
Sec. 607. Personal money allowance for the senior enlisted members of the Armed Forces.
Sec. 608. Increased uniform allowances for officers.
Sec. 609. Cabinet-level authority to prescribe requirements and allowance for clothing of enlisted members.
Sec. 610. Special subsistence allowance for members eligible to receive food stamp assistance.
Sec. 610A. Restructuring of basic pay tables for certain enlisted members.
Sec. 610B. Basic allowance for housing.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses and special pay authorities for reserve forces.
Sec. 612. Extension of certain bonuses and special pay authorities for nurse officer candidates, registered nurses, and nurse anesthetists.
Sec. 613. Extension of authorities relating to payment of other bonuses and special pays.
Sec. 614. Consistency of authorities for special pay for reserve medical and dental officers.
Sec. 615. Special pay for physician assistants of the Coast Guard.
Sec. 616. Authorization of special pay and accession bonus for pharmacy officers.
Sec. 617. Correction of references to Air Force veterinarians.
Sec. 618. Entitlement of active duty officers of the Public Health Service Corps to special pays and bonuses of health professional officers of the Armed Forces.
Sec. 619. Career sea pay.
Sec. 620. Increased maximum rate of special duty assignment pay.
Sec. 621. Expansion of applicability of authority for critical skills enlistment bonus to include all Armed Forces.
Sec. 622. Entitlement of members of the National Guard and other reserves not on active duty to receive special duty assignment pay.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Advance payments for temporary lodging of members and dependents.
Sec. 632. Incentive for shipping and storing household goods in less than average weights.
Sec. 633. Expansion of funded student travel.
Sec. 634. Benefits for members not transporting personal motor vehicles overseas.
Subtitle D--Retirement Benefits
Sec. 641. Exception to high-36 month retired pay computation for members retired following a disciplinary reduction in grade.
Sec. 642. Automatic participation in reserve component Survivor Benefit Plan unless declined with spouse's consent.
Sec. 643. Participation in Thrift Savings Plan.
Sec. 644. Retirement from active reserve service after regular retirement.
Sec. 645. Same treatment for Federal judges as for other Federal officials regarding payment of military retired pay.
Sec. 646. Policy on increasing minimum survivor benefit plan basic annuities for surviving spouses age 62 or older.
Sec. 647. Survivor benefit plan annuities for survivors of all members who die on active duty.
Sec. 648. Family coverage under servicemembers' group life insurance.
Sec. 649. Fees paid by residents of the Armed Forces Retirement Home.
Sec. 650. Computation of survivor benefits.
Sec. 651. Equitable application of early retirement eligibility requirements to military reserve technicians.
Sec. 652. Concurrent payment to surviving spouses of disability and indemnity compensation and annuities under Survivor Benefit Plan.
Subtitle E--Other Matters
Sec. 661. Reimbursement of recruiting and ROTC personnel for parking expenses.
Sec. 662. Extension of deadline for filing claims associated with capture and internment of certain persons by North Vietnam.
Sec. 663. Settlement of claims for payments for unused accrued leave and for retired pay.
Sec. 664. Eligibility of certain members of the Individual Ready Reserve for Servicemembers' Group Life Insurance.
Sec. 665. Authority to pay gratuity to certain veterans of Bataan and Corregidor.
Sec. 666. Concurrent payment of retired pay and compensation for retired members with service-connected disabilities.
Sec. 667. Travel by reserves on military aircraft to and from locations outside the continental United States for inactive-duty training.
Sec. 668. Additional benefits and protections for personnel incurring injury, illness, or disease in the performance of funeral honors duty.
Sec. 669. Determinations of income eligibility for special supplemental food program.
Sec. 670. Modification of time for use by certain members of the Selected Reserve of entitlement to educational assistance.
Sec. 671. Recognition of members of the Alaska Territorial Guard as veterans.
Sec. 672. Clarification of Department of Veterans Affairs duty to assist.
Sec. 673. Back pay for members of the Navy and Marine Corps approved for promotion while interned as prisoners of war during World War II.
Subtitle F--Education Benefits
Sec. 682. Transfer of entitlement to educational assistance by certain members of the Armed Forces.
Sec. 683. Participation of additional members of the Armed Forces in Montgomery GI Bill program.
Sec. 684. Modification of authority to pay tuition for off-duty training and education.
Sec. 685. Modification of time for use by certain members of Selected Reserve of entitlement to certain educational assistance.
Subtitle G--Additional Benefits For Reserves and Their Dependents
Sec. 691. Sense of Congress.
Sec. 692. Travel by Reserves on military aircraft.
Sec. 693. Billeting services for Reserve members traveling for inactive duty training.
Sec. 694. Increase in maximum number of reserve retirement points that may be credited in any year.
Sec. 695. Authority for provision of legal services to reserve component members following release from active duty.
TITLE VII--HEALTH CARE
Subtitle A--Senior Health Care
Sec. 701. Conditions for eligibility for CHAMPUS upon the attainment of 65 years of age.
Subtitle B--TRICARE Program
Sec. 711. Additional beneficiaries under TRICARE Prime Remote program in CONUS.
Sec. 712. Elimination of copayments for immediate family.
Sec. 713. Improvement in business practices in the administration of the TRICARE program.
Sec. 714. Improvement of access to health care under the TRICARE program.
Sec. 715. Enhancement of access to TRICARE in rural States.
Subtitle C--Joint Initiatives With Department of Veterans Affairs
Sec. 721. Tracking patient safety in military and veterans health care systems.
Sec. 722. Pharmaceutical identification technology.
Sec. 723. Medical informatics.
Subtitle D--Other Matters
Sec. 731. Permanent authority for certain pharmaceutical benefits.
Sec. 732. Provision of domiciliary and custodial care for CHAMPUS beneficiaries.
Sec. 733. Medical and dental care for Medal of Honor recipients and their dependents.
Sec. 734. School-required physical examinations for certain minor dependents.
Sec. 735. Two-year extension of dental and medical benefits for surviving dependents of certain deceased members.
Sec. 736. Extension of authority for contracts for medical services at locations outside medical treatment facilities.
Sec. 737. Transition of chiropractic health care demonstration program to permanent status.
Sec. 738. Use of information technology for enhancement of delivery of administrative services under the Defense Health Program.
Sec. 739. Patient care reporting and management system.
Sec. 740. Health care management demonstration program.
Sec. 741. Studies of accrual financing for health care for military retirees.
Sec. 742. Augmentation of Army Medical Department by reserve officers of the Public Health Service.
Sec. 743. Service areas of transferees of former uniformed services treatment facilities that are included in the uniformed services health care delivery system.
Sec. 744. Blue ribbon advisory panel on Department of Defense policies regarding the privacy of individual medical records.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Sec. 801. Improvements in procurements of services.
Sec. 802. Addition of threshold value requirement for applicability of a reporting requirement relating to multiyear contract.
Sec. 803. Planning for the acquisition of information systems.
Sec. 804. Tracking of information technology purchases.
Sec. 805. Repeal of requirement for contractor assurances regarding the completeness, accuracy, and contractual sufficiency of technical data provided by the contractor.
Sec. 806. Extension of authority for Department of Defense acquisition pilot programs.
Sec. 807. Clarification and extension of authority to carry out certain prototype projects.
Sec. 808. Clarification of authority of Comptroller General to review records of participants in certain prototype projects.
Sec. 809. Eligibility of small business concerns owned and controlled by women for assistance under the Mentor-Protege Program.
Sec. 810. Navy-Marine Corps intranet acquisition.
Sec. 811. Qualifications required for employment and assignment in contracting positions.
Sec. 812. Defense acquisition and support workforce.
Sec. 813. Financial analysis of use of dual rates for quantifying overhead costs at Army industrial facilities.
Sec. 814. Revision of the organization and authority of the Cost Accounting Standards Board.
Sec. 815. Revision of authority for solutions-based contracting pilot program.
Sec. 816. Appropriate use of personnel experience and educational requirements in the procurement of information technology services.
Sec. 817. Study of Office of Management and Budget Circular A-76 process.
Sec. 818. Procurement notice through electronic access to contracting opportunities.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Repeal of limitation on major Department of Defense headquarters activities personnel.
Sec. 902. Overall supervision of Department of Defense activities for combating terrorism.
Sec. 903. National Defense Panel 2001.
Sec. 904. Quadrennial National Defense Panel.
Sec. 905. Inspector General investigations of prohibited personnel actions.
Sec. 906. Network centric warfare.
Sec. 907. Additional duties for the Commission To Assess United States National Security Space Management and Organization.
Sec. 908. Special authority for administration of Navy Fisher Houses.
Sec. 909. Organization and management of the Civil Air Patrol.
Sec. 910. Responsibility for the National Guard Challenge Program.
Sec. 911. Supervisory control of Armed Forces Retirement Home Board by Secretary of Defense.
Sec. 912. Consolidation of certain Navy gift funds.
Sec. 913. Temporary authority to dispose of a gift previously accepted for the Naval Academy.
Sec. 914. Management of Navy research funds by Chief of Naval Research.
Sec. 915. United States Air Force Institute of Technology.
Sec. 916. Expansion of authority to exempt geodetic products of the Department of Defense from public disclosure.
Sec. 917. Coordination and facilitation of development of directed energy technologies, systems, and weapons.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Authorization of emergency supplemental appropriations for fiscal year 2000.
Sec. 1003. United States contribution to NATO common-funded budgets in fiscal year 2001.
Sec. 1004. Annual OMB/CBO joint report on scoring of budget outlays.
Sec. 1005. Prompt payment of contract vouchers.
Sec. 1006. Repeal of certain requirements relating to timing of contract payments.
Sec. 1007. Plan for prompt posting of contractual obligations.
Sec. 1008. Plan for electronic submission of documentation supporting claims for contract payments.
Sec. 1009. Administrative offsets for overpayment of transportation costs.
Sec. 1010. Repeal of certain provisions shifting certain outlays from one fiscal year to another.
Sec. 1010A. Treatment of partial payments under service contracts.
Subtitle B--Counter-Drug Activities
Sec. 1011. Extension and increase of authority to provide additional support for counter-drug activities.
Sec. 1012. Recommendations on expansion of support for counter-drug activities.
Sec. 1013. Review of riverine counter-drug program.
Subtitle C--Strategic Forces
Sec. 1015. Revised nuclear posture review.
Sec. 1016. Plan for the long-term sustainment and modernization of United States strategic nuclear forces.
Sec. 1017. Correction of scope of waiver authority for limitation on retirement or dismantlement of strategic nuclear delivery systems; authority to waive limitation.
Sec. 1018. Report on the defeat of hardened and deeply buried targets.
Sec. 1019. Sense of Senate on the maintenance of the strategic nuclear TRIAD.
Subtitle D--Miscellaneous Reporting Requirements
Sec. 1021. Annual report of the Chairman of the Joint Chiefs of Staff on combatant command requirements.
Sec. 1022. Semiannual report on Joint Requirements Oversight Council.
Sec. 1023. Preparedness of military installation first responders for incidents involving weapons of mass destruction.
Sec. 1024. Date of submittal of reports on shortfalls in equipment procurement and military construction for the reserve components in future-years defense programs.
Sec. 1025. Management review of Defense Logistics Agency.
Sec. 1026. Management review of Defense Information Systems Agency.
Sec. 1027. Report on spare parts and repair parts program of the Air Force for the C-5 aircraft.
Sec. 1028. Report on the status of domestic preparedness against the threat of biological terrorism.
Sec. 1029. Report on global missile launch early warning center.
Sec. 1030. Management review of working-capital fund activities.
Sec. 1031. Report on submarine rescue support vessels.
Sec. 1032. Reports on Federal Government progress in developing information assurance strategies.
Subtitle E--Information Security
Sec. 1041. Institute for Defense Computer Security and Information Protection.
Sec. 1042. Information security scholarship program.
Sec. 1043. Process for prioritizing background investigations for security clearances for Department of Defense personnel.
Sec. 1044. Authority to withhold certain sensitive information from public disclosure.
Sec. 1045. Protection of operational files of the Defense Intelligence Agency.
Subtitle F--Other Matters
Sec. 1051. Commemoration of the fiftieth anniversary of the Uniform Code of Military Justice.
Sec. 1052. Technical corrections.
Sec. 1053. Eligibility of dependents of American Red Cross employees for enrollment in Department of Defense domestic dependent schools in Puerto Rico.
Sec. 1054. Grants to American Red Cross for Armed Forces emergency services.
Sec. 1055. Transit pass program for certain Department of Defense personnel.
Sec. 1056. Fees for providing historical information to the public.
Sec. 1057. Access to criminal history record information for national security purposes.
Sec. 1058. Sense of Congress on the naming of the CVN-77 aircraft carrier.
Sec. 1059. Donation of Civil War cannon.
Sec. 1060. Maximum size of parcel post packages transported overseas for Armed Forces post offices.
Sec. 1061. Aerospace industry Blue Ribbon Commission.
Sec. 1062. Report to Congress regarding extent and severity of child poverty.
Sec. 1063. Improving property management.
Sec. 1064. Sense of the Senate regarding tax treatment of members receiving special pay.
Sec. 1065. Department of Defense process for decisionmaking in cases of false claims.
Sec. 1066. Sense of the Senate concerning long-term economic development aid for communities rebuilding from Hurricane Floyd.
Sec. 1067. Authority to provide headstones or markers for marked graves or otherwise commemorate certain individuals.
Sec. 1068. Comprehensive study and support for criminal investigations and prosecutions by State and local law enforcement officials.
Sec. 1069. Student loan repayment programs.
Sec. 1070. Sense of the Senate on the modernization of Air National Guard F-16A units.
Sec. 1071. Two-year extension of authority to engage in commercial activities as security for intelligence collection activities.
Sec. 1072. Firefighter investment and response enhancement.
Sec. 1073. Breast cancer stamp extension.
Sec. 1074. Personnel security policies.
Sec. 1075. Additional matters for annual report on transfers of militarily sensitive technology to countries and entities of concern.
Sec. 1076. National security implications of United States-China trade relationship.
Sec. 1077. Secrecy policies and worker health.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
Sec. 1101. Computer/electronic accommodations program.
Sec. 1102. Additional special pay for foreign language proficiency beneficial for United States national security interests.
Sec. 1103. Increased number of positions authorized for the Defense Intelligence Senior Executive Service.
Sec. 1104. Extension of authority for tuition reimbursement and training for civilian employees in the defense acquisition workforce.
Sec. 1105. Work safety demonstration program.
Sec. 1106. Employment and compensation of employees for temporary organizations established by law or Executive order.
Sec. 1107. Extension of authority for voluntary separations in reductions in force.
Sec. 1108. Electronic maintenance of performance appraisal systems.
Sec. 1109. Approval authority for cash awards in excess of $10,000.
Sec. 1110. Leave for crews of certain vessels.
Sec. 1111. Life insurance for emergency essential Department of Defense employees.
Sec. 1112. Civilian personnel services public-private competition pilot program.
Sec. 1113. Extension, expansion, and revision of authority for experimental personnel program for scientific and technical personnel.
Sec. 1114. Clarification of personnel management authority under a personnel demonstration project.
Sec. 1115. Extension of authority for voluntary separations in reductions in force.
Sec. 1116. Extension, revision, and expansion of authorities for use of voluntary separation incentive pay and voluntary early retirement.
Sec. 1117. Department of Defense employee voluntary early retirement authority.
Sec. 1118. Restrictions on payments for academic training.
Sec. 1119. Strategic plan.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Authority to transfer naval vessels to certain foreign countries.
Sec. 1202. Support of United Nations-sponsored efforts to inspect and monitor Iraqi weapons activities.
Sec. 1203. Repeal of restriction preventing cooperative airlift support through acquisition and cross-servicing agreements.
Sec. 1204. Western Hemisphere Institute for Professional Education and Training.
Sec. 1205. Biannual report on Kosovo peacekeeping.
Sec. 1206. Mutual assistance for monitoring test explosions of nuclear devices.
Sec. 1207. Annual report on activities and assistance under Cooperative Threat Reduction programs.
Sec. 1208. Limitation on use of funds for construction of a Russian facility for the destruction of chemical weapons.
Sec. 1209. Limitation on use of funds for Elimination of Weapons Grade Plutonium Program.
Sec. 1210. Sense of Congress regarding the use of children as soldiers.
Sec. 1211. Support of consultations on Arab and Israeli arms control and regional security issues.
Sec. 1212. Authority to consent to retransfer of alternative former naval vessel by Government of Greece.
Sec. 1213. United States-Russian Federation joint data exchange center on early warning systems and notification of missile launches.
Sec. 1214. Adjustment of composite theoretical performance levels of high performance computers.
TITLE XIII--NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO
Sec. 1301. Assistance for economic growth on Vieques.
Sec. 1302. Requirement for referendum on continuation of Navy training.
Sec. 1303. Actions if training is approved.
Sec. 1304. Requirements if training is not approved or mandate for referendum is vitiated.
Sec. 1305. Exempt property.
Sec. 1306. Moratorium on improvements at Fort Buchanan.
Sec. 1307. Property transferred to Secretary of the Interior.
Sec. 1308. Live Impact Area.
TITLE XIV--GOVERNMENT INFORMATION SECURITY REFORM
Sec. 1402. Coordination of Federal information policy.
Sec. 1403. Responsibilities of certain agencies.
Sec. 1404. Technical and conforming amendments.
Sec. 1405. Effective date.
TITLE XV--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT OF 2000
Sec. 1503. Definition of hate crime.
Sec. 1504. Support for criminal investigations and prosecutions by State and local law enforcement officials.
Sec. 1505. Grant program.
Sec. 1506. Authorization for additional personnel to assist State and local law enforcement.
Sec. 1507. Prohibition of certain hate crime acts.
Sec. 1508. Duties of Federal Sentencing Commission.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 2000 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 1999 projects.
Sec. 2107. Modification of authority to carry out fiscal year 1998 project.
Sec. 2108. Authority to accept funds for realignment of certain military construction project, Fort Campbell, Kentucky.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Correction in authorized use of funds, Marine Corps Combat Development Command, Quantico, Virginia.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
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. Authorization for contribution 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. Replacement of limitations on space by pay grade of military family housing with requirement for local comparability of military family housing.
Sec. 2804. Modification of lease authority for high-cost military family housing.
Sec. 2805. Applicability of competition policy to alternative authority for acquisition and improvement of military housing.
Sec. 2806. Provision of utilities and services under alternative authority for acquisition and improvement of military housing.
Sec. 2807. Extension of alternative authority for acquisition and improvement of military housing.
Sec. 2808. Inclusion of readiness center in definition of armory for purposes of construction of reserve component facilities.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Increase in threshold for reports to Congress on real property transactions.
Sec. 2812. Enhancements of military lease authority.
Sec. 2813. Expansion of procedures for selection of conveyees under authority to convey utility systems.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Scope of agreements to transfer property to redevelopment authorities without consideration under the base closure laws.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Land conveyance, Charles Melvin Price Support Center, Illinois.
Sec. 2832. Land conveyance, Lieutenant General Malcolm Hay Army Reserve Center, Pittsburgh, Pennsylvania.
Sec. 2833. Land conveyance, Colonel Harold E. Steele Army Reserve Center and Maintenance Shop, Pittsburgh, Pennsylvania.
Sec. 2834. Land conveyance, Fort Lawton, Washington.
Sec. 2835. Land conveyance, Vancouver Barracks, Washington.
Sec. 2836. Land conveyance, Fort Riley, Kansas.
Sec. 2837. Land conveyance, Army Reserve Center, Winona, Minnesota.
Part II--Navy Conveyances
Sec. 2851. Modification of land conveyance, Marine Corps Air Station, El Toro, California.
Sec. 2852. Modification of land conveyance, Defense Fuel Supply Point, Casco Bay, Maine.
Sec. 2853. Modification of land conveyance authority, former Naval Training Center, Bainbridge, Cecil County, Maryland.
Sec. 2854. Land conveyance, Naval Computer and Telecommunications Station, Cutler, Maine.
Sec. 2855. Modification of authority for Oxnard Harbor District, Port Hueneme, California, to use certain Navy property.
Sec. 2856. Regarding land conveyance, Marine Corps Base, Camp Lejeune, North Carolina.
Part III--Air Force Conveyances
Sec. 2861. Modification of land conveyance, Ellsworth Air Force Base, South Dakota.
Sec. 2862. Land conveyance, Los Angeles Air Force Base, California.
Sec. 2863. Land conveyance, Mukilteo Tank Farm, Everett, Washington.
Part IV--Defense Agencies Conveyances
Sec. 2871. Land conveyance, Army and Air Force Exchange Service property, Farmers Branch, Texas.
Part V--Other Conveyances
Sec. 2881. Land conveyance, former National Ground Intelligence Center, Charlottesville, Virginia.
Subtitle E--Other Matters
Sec. 2891. Naming of Army missile testing range at Kwajalein Atoll as the Ronald Reagan Ballistic Missile Defense Test Site at Kwajalein Atoll.
Sec. 2892. Acceptance and use of gifts for construction of third building at United States Air Force Museum, Wright-Patterson Air Force Base, Ohio.
Sec. 2893. Development of Marine Corps Heritage Center at Marine Corps Base, Quantico, Virginia.
Sec. 2894. Activities relating to the greenbelt at Fallon Naval Air Station, Nevada.
Sec. 2895. 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. Energy employees compensation initiative.
Sec. 3106. 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. Transfer of defense environmental management funds.
Subtitle C--National Nuclear Security Administration
Sec. 3131. Term of office of person first appointed as Under Secretary for Nuclear Security of the Department of Energy.
Sec. 3132. Membership of Under Secretary for Nuclear Security on the Joint Nuclear Weapons Council.
Sec. 3133. Scope of authority of Secretary of Energy to modify organization of National Nuclear Security Administration.
Sec. 3134. Prohibition on pay of personnel engaged in concurrent service or duties inside and outside National Nuclear Security Administration.
Sec. 3135. Organization plan for field offices of the National Nuclear Security Administration.
Sec. 3136. Future-years nuclear security program.
Sec. 3137. Cooperative research and development of the National Nuclear Security Administration.
Sec. 3138. Construction of National Nuclear Security Administration operations office complex.
Subtitle D--Program Authorizations, Restrictions, and Limitations
Sec. 3151. Processing, treatment, and disposition of legacy nuclear materials.
Sec. 3152. Formerly Utilized Sites Remedial Action Program.
Sec. 3153. Department of Energy defense nuclear nonproliferation programs.
Sec. 3154. Modification of counterintelligence polygraph program.
Sec. 3155. Employee incentives for employees at closure project facilities.
Sec. 3156. Conceptual design for Subsurface Geosciences Laboratory at Idaho National Engineering and Environmental Laboratory, Idaho Falls, Idaho.
Sec. 3157. Tank Waste Remediation System, Hanford Reservation, Richland, Washington.
Sec. 3158. Report on national ignition facility, Lawrence Livermore National Laboratory, Livermore, California.
Subtitle E--National Laboratories Partnership Improvement Act
Sec. 3163. Technology Infrastructure Pilot Program.
Sec. 3164. Small business advocacy and assistance.
Sec. 3165. Technology partnerships ombudsman.
Sec. 3166. Studies related to improving mission effectiveness, partnerships, and technology transfer at National Laboratories.
Sec. 3167. Other transactions authority.
Sec. 3168. Conformance with NNSA organizational structure.
Sec. 3169. Arctic energy.
Subtitle F--Other Matters
Sec. 3171. Extension of authority for appointment of certain scientific, engineering, and technical personnel.
Sec. 3172. Updates of report on nuclear test readiness postures.
Sec. 3173. Frequency of reports on inadvertent releases of Restricted Data and Formerly Restricted Data.
Sec. 3174. Form of certifications regarding the safety or reliability of the nuclear weapons stockpile.
Sec. 3175. Engineering and manufacturing research, development, and demonstration by plant managers of certain nuclear weapons production plants.
Sec. 3176. Cooperative research and development agreements for Government-owned, contractor-operated laboratories.
Sec. 3177. Commendation of Department of Energy and contractor employees for exemplary service in stockpile stewardship and security.
Sec. 3178. Adjustment of threshold requirement for submission of reports on advanced computer sales to Tier III foreign countries.
Subtitle G--Russian Nuclear Complex Conversion
Sec. 3193. Expansion and enhancement of Nuclear Cities Initiative.
Sec. 3194. Sense of Congress on the establishment of a National Coordinator for Nonproliferation Matters.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Defense Nuclear Facilities Safety Board.
TITLE XXXIII--NAVAL PETROLEUM RESERVES
Sec. 3301. Minimum price of petroleum sold from the naval petroleum reserves.
Sec. 3302. Repeal of authority to contract for cooperative or unit plans affecting Naval Petroleum Reserve Numbered 1.
Sec. 3303. Land transfer and restoration.
TITLE XXXIV--NATIONAL DEFENSE STOCKPILE
Sec. 3401. Authorized uses of stockpile funds.
Sec. 3402. Increased receipts under prior disposal authority.
Sec. 3403. Disposal of titanium.
TITLE XXXV--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
Sec. 3502. Construction with other laws.
Sec. 3504. Expansion of list of beryllium vendors and means of establishing covered beryllium illnesses.
Subtitle A--Beryllium, Silicosis, and Radiation Compensation
Sec. 3511. Exposure to hazards in the performance of duty.
Sec. 3512. Advisory board on radiation and worker health.
Sec. 3513. Designation of additional members of the Special Exposure Cohort.
Sec. 3514. Authority to provide compensation and other assistance.
Sec. 3515. Alternative compensation.
Sec. 3516. Submittal of claims.
Sec. 3517. Adjudication and administration.
Subtitle B--Exposure to Other Toxic Substances
Sec. 3522. Agreements with States.
Subtitle C--General Provisions
Sec. 3531. Treatment of compensation and benefits.
Sec. 3532. Forfeiture of benefits by convicted felons.
Sec. 3533. Limitation on right to receive benefits.
Sec. 3534. Coordination of benefits--State workers' compensation.
Sec. 3535. Coordination of benefits--Federal workers' compensation.
Sec. 3536. Receipt of benefits--other statutes.
Sec. 3537. Dual compensation--Federal employees.
Sec. 3538. Dual compensation--other employees.
Sec. 3539. Exclusivity of remedy against the United States, contractors, and subcontractors.
Sec. 3540 Election of remedy against beryllium vendors and atomic weapons employers.
Sec. 3541. Subrogation of the United States.
Sec. 3542. Energy Employees' Occupational Illness Compensation Fund.
Sec. 3543. Effective date.
Sec. 3544. Technical and conforming amendments.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term `congressional defense committees' means--
(1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement for the Army as follows:
(1) For aircraft, $1,749,662,000.
(2) For missiles, $1,382,328,000.
(3) For weapons and tracked combat vehicles, $2,115,138,000.
(4) For ammunition, $1,224,323,000.
(5) For other procurement, $4,039,670,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY- Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement for the Navy as follows:
(1) For aircraft, $8,685,958,000.
(2) For weapons, including missiles and torpedoes, $1,539,950,000.
(3) For shipbuilding and conversion, $12,900,076,000.
(4) For other procurement, $3,378,311,000.
(b) MARINE CORPS- Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement for the Marine Corps in the amount of $1,191,035,000.
(c) NAVY AND MARINE CORPS AMMUNITION- Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement of ammunition for the Navy and the Marine Corps in the amount of $500,749,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement for the Air Force as follows:
(1) For aircraft, $9,968,371,000.
(2) For ammunition, $666,808,000.
(3) For missiles, $3,005,915,000.
(4) For other procurement, $7,724,527,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2001 for Defense-wide procurement in the amount of $2,203,508,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement for the Inspector General of the Department of Defense in the amount of $3,300,000.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 2001 the amount of $1,003,500,000 for--
(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
SEC. 107. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 2001 for the Department of Defense for procurement for carrying out health care programs, projects, and activities of the Department of Defense in the total amount of $290,006,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR CERTAIN PROGRAMS.
(a) AUTHORITY- Beginning with the fiscal year 2001 program year, the Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into multiyear contracts for procurement of the following:
(1) M2A3 Bradley fighting vehicles.
(2) UH-60L Blackhawk helicopters.
(3) CH-60S Seahawk helicopters.
(b) LIMITATION FOR BRADLEY FIGHTING VEHICLES- The period for a multiyear contract entered into under subsection (a)(1) may not exceed the three consecutive program years beginning with the fiscal year 2001 program year.
(c) REPEAL OF SUPERSEDED AUTHORITY- Section 111 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 531) is amended by striking paragraph (2).
SEC. 112. REPORTS AND LIMITATIONS RELATING TO ARMY TRANSFORMATION.
(a) REPORT ON OBJECTIVE FORCE DEVELOPMENT PROCESS- The Secretary of the Army shall submit to the congressional defense committees a report on the process for developing the objective force in the transformation of the Army. The report shall include the following:
(1) The operational environments envisioned for the objective force.
(2) The threat assumptions on which research and development efforts for transformation of the Army into the objective force are based.
(3) The potential operational and organizational concepts for the objective force.
(4) The key performance parameters anticipated for the objective force and the operational requirements anticipated for the operational requirements document of the objective force.
(5) The schedule of Army transformation activities through fiscal year 2012, together with--
(A) the projected funding requirements through that fiscal year for the research and development activities and the procurement activities;
(B) the specific adjustments that are made for Army programs in the future-years defense program and in the extended planning program in order to program the funding necessary to meet the funding requirements for Army transformation; and
(C) a summary of the anticipated investments of the Defense Advanced Research Projects Agency in programs designed to lead to the fielding of future combat systems for the objective force.
(6) The joint warfighting requirements that will be supported by the fielding of the objective force, together with a description of the adjustments that are planned to be made in the war plans of the commanders of the regional unified combatant commands in relation to the fielding of the objective force.
(7) The changes in lift requirements that result from the establishment and fielding of the combat brigades of the objective force.
(8) The evaluation process that will be used to support decisionmaking on the course of the Army transformation, including a description of the operational evaluations and experimentation that will be used to validate the key performance parameters associated with the objective force and the operational requirements for the operational requirements document of the objective force.
(b) REPORTS ON MEDIUM ARMORED COMBAT VEHICLES FOR THE INTERIM BRIGADE COMBAT TEAMS- (1) The Secretary of the Army shall develop and carry out a plan for comparing--
(A) the costs and operational effectiveness of the medium armored combat vehicles selected for the infantry battalions of the interim brigade combat teams; and
(B) the costs and operational effectiveness of the medium armored vehicles currently in the Army inventory for the use of infantry battalions.
(2) The plan shall provide for the costs and operational effectiveness of the two sets of vehicles to be determined on the basis of the results of an operational analysis that involves the participation of at least one infantry battalion that is fielded with medium armored vehicles currently in the Army inventory and is similar in organization to the infantry battalions of the interim brigade combat teams.
(3) The Director of Operational Test and Evaluation of the Department of Defense shall review the plan developed under paragraph (1) and submit the Director's comments on the plan to the Secretary of the Army.
(4) Not later than February 1, 2001, the Secretary of the Army shall submit to the congressional defense committees a report on the plan developed under paragraph (1). The report shall include the following:
(B) The comments of the Director of Operational Test and Evaluation on the plan.
(C) A discussion of how the results of the operational analysis are to be used to guide future decisions on the acquisition of medium armored combat vehicles for additional interim brigade combat teams.
(D) The specific adjustments that are made for Army programs in the future-years defense program and in the extended planning program in order to program the funding necessary for fielding the interim brigade combat teams.
(5)(A) Not later than March 1, 2002, the Secretary of the Army shall submit to the congressional defense committees a report on the results of the comparison of costs and operational effectiveness of the two sets of medium armored combat vehicles under paragraph (1).
(B) The report under subparagraph (A) shall include a certification by the Secretary of Defense regarding whether the results of the comparison would support the continuation in fiscal year 2003 and beyond of the acquisition of the additional medium armored combat vehicles proposed to be used for equipping the interim brigade combat teams.
(c) LIMITATIONS- (1) Not more than 60 percent of the amount appropriated for the procurement of armored vehicles in the family of new medium armored vehicles pursuant to the authorization of appropriations in section 101(3) may be obligated until the date that is 30 days after the date on which the Secretary of the Army submits the report required under subsection (b)(4) to the congressional defense committees.
(2) Not more than 60 percent of the funds appropriated for the Army for fiscal year 2002 for the procurement of armored vehicles in the family of new medium armored combat vehicles may be obligated until the date that is 30 days after the date on which the Secretary of the Army submits the report required under subsection (b)(5) to the congressional defense committees.
(d) DEFINITIONS- In this section:
(1) The term `transformation', with respect to the Army, means the actions being undertaken to transform the Army, as it is constituted in terms of organization, equipment, and doctrine in 2000, into the objective force.
(2) The term `objective force' means the Army that has the organizational structure, the most advanced equipment that early twenty-first century science and technology can provide, and the appropriate doctrine to ensure that the Army is responsive, deployable, agile, versatile, lethal, survivable, and sustainable for the full spectrum of the operations anticipated to be required of the Army during the early years of the twenty-first century following 2010.
(3) The term `interim brigade combat team' means an Army brigade that is designated by the Secretary of the Army as a brigade combat team and is reorganized and equipped with currently available equipment in a configuration that effectuates an evolutionary advancement toward transformation of the Army to the objective force.
SEC. 113. RAPID INTRAVENOUS INFUSION PUMPS.
Of the amount authorized to be appropriated under section 101(5)--
(1) $6,000,000 shall be available for the procurement of rapid intravenous infusion pumps; and
(2) the amount provided for the family of medium tactical vehicles is hereby reduced by $6,000,000.
Subtitle C--Navy Programs
SEC. 121. CVNX-1 NUCLEAR AIRCRAFT CARRIER PROGRAM.
(a) AUTHORIZATION OF SHIP- The Secretary of the Navy is authorized to procure the aircraft carrier to be designated CVNX-1.
(b) ADVANCE PROCUREMENT AND CONSTRUCTION- The Secretary may enter into one or more contracts for the advance procurement and advance construction of components for the ship authorized under subsection (a).
(c) AMOUNT AUTHORIZED FROM SCN ACCOUNT- Of the amounts authorized to be appropriated under section 102(a)(3) for fiscal year 2001, $21,869,000 is available for the advance procurement and advance construction of components (including nuclear components) for the CVNX-1 aircraft carrier program.
SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) ECONOMICAL MULTIYEAR PROCUREMENT OF PREVIOUSLY AUTHORIZED VESSELS AND ONE ADDITIONAL VESSEL- (1) Subsection (b) of section 122 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2446), as amended by section 122(a) of Public Law 106-65 (113 Stat. 535), is further amended by striking `a total of 18 Arleigh Burke class destroyers' in the first sentence and all that follows through the period at the end of that sentence and inserting `Arleigh Burke class destroyers in accordance with this subsection and subsection (a)(4) at procurement rates not in excess of 3 ships in each of the fiscal years beginning after September 30, 1998, and before October 1, 2005. The authority under the preceding sentence is subject to the availability of appropriations for such destroyers.'.
(2) The heading for such subsection is amended by striking `18'.
(b) ECONOMICAL RATE OF PROCUREMENT- It is the sense of Congress that, for the procurement of the Arleigh Burke class destroyers to be procured after fiscal year 2001 under multiyear contracts authorized under section 122(b) of Public Law 104-201--
(1) the Secretary of the Navy should--
(A) achieve the most economical rate of procurement; and
(B) enter into such contracts for advance procurement as may be necessary to achieve that rate of procurement;
(2) the most economical rate of procurement would be achieved by procuring 3 of the destroyers in each of fiscal years 2002 and 2003 and procuring another destroyer in fiscal year 2004; and
(3) the Secretary has the authority under section 122(b) of Public Law 104-201 (110 Stat. 2446) and subsections (b) and (c) of section 122 of Public Law 106-65 (113 Stat. 534) to provide for procurement at the most economical rate, as described in paragraph (2).
(c) UPDATE OF 1993 REPORT ON DDG-51 CLASS SHIPS- (1) The Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives, not later than November 1, 2000, a report that updates the information provided in the report of the Secretary of the Navy entitled the `Arleigh Burke (DDG-51) Class Industrial Base Study of 1993'. The Secretary shall transmit a copy of the updated report to the Comptroller General not later than the date on which the Secretary submits the report to the committees.
(2) The Comptroller General shall review the updated report submitted under paragraph (1) and, not later than December 1, 2000, submit to the Committees on Armed Services of the Senate and House of Representatives the Comptroller General's comments on the updated report.
SEC. 123. VIRGINIA CLASS SUBMARINE PROGRAM.
(a) AMOUNTS AUTHORIZED FROM SCN ACCOUNT- Of the amounts authorized to be appropriated by section 102(a)(3) for fiscal year 2001, $1,711,234,000 is available for the Virginia class submarine program.
(b) CONTRACT AUTHORITY- (1) The Secretary of the Navy is authorized to enter into a contract for the procurement of up to five Virginia class submarines, including the procurement of material in economic order quantities when cost savings are achievable, during fiscal years 2003 through 2006. The submarines authorized under the preceding sentence are in addition to the submarines authorized under section 121(b) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1648).
(2) A contract entered into under paragraph (1) shall include a clause that states that any obligation of the United States to make a payment under this contract is subject to the availability of appropriations for that purpose.
(c) SHIPBUILDER TEAMING- Paragraphs (2)(A), (3), and (4) of section 121(b) of Public Law 105-85 apply to the procurement of submarines under this section.
(d) LIMITATION OF LIABILITY- If a contract entered into under this section is terminated, the United States shall not be liable for termination costs in excess of the total of the amounts appropriated for the Virginia class submarine program that remain available for the program.
(e) REPORT REQUIREMENT- At that same time that the President submits the budget for fiscal year 2002 to Congress under section 1105(a) of title 31, United States Code, the Secretary of Defense shall submit to the congressional defense committees a report on the Navy's fleet of fast attack submarines. The report shall include the following:
(1) A plan for maintaining at least 55 fast attack submarines in commissioned service through 2015, including, by 2015, 18 Virginia class submarines.
(2) Two assessments of the potential savings that would be achieved under the Virginia class submarine program if the production rate for such program were at least two submarines each fiscal year, as follows:
(A) An assessment if that were the production rate beginning in fiscal year 2004.
(B) An assessment if that were the production rate beginning in fiscal year 2006.
(3) An analysis of the advantages and disadvantages of various contracting strategies for Virginia class submarine program, including one or more multiyear procurement strategies and one or more strategies for block buy with economic order quantity.
SEC. 124. ADC(X) SHIP PROGRAM.
Notwithstanding any other provision of law, the Secretary of the Navy may procure the construction of all ADC(X) class ships in one shipyard if the Secretary determines that it is more cost effective to do so than to procure the construction of such ships from more than one shipyard.
SEC. 125. REFUELING AND COMPLEX OVERHAUL PROGRAM OF THE CVN-69 NUCLEAR AIRCRAFT CARRIER.
(a) AMOUNT AUTHORIZED FROM SCN ACCOUNT- Of the amount authorized to be appropriated by section 102(a)(3) for fiscal year 2001, $703,441,000 is available for the commencement of the nuclear refueling and complex overhaul of the CVN-69 aircraft carrier during fiscal year 2001. The amount made available in the preceding sentence is the first increment in the incremental funding planned for the nuclear refueling and complex overhaul of the CVN-69 aircraft carrier.
(b) CONTRACT AUTHORITY- The Secretary of the Navy is authorized to enter into a contract during fiscal year 2001 for the nuclear refueling and complex overhaul of the CVN-69 nuclear aircraft carrier.
(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS- A contract entered into under subsection (b) shall include a clause that states 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. 126. REMANUFACTURED AV-8B AIRCRAFT.
Of the amount authorized to be appropriated by section 102(a)(1)--
(1) $318,646,000 is available for the procurement of remanufactured AV-8B aircraft;
(2) $15,200,000 is available for the procurement of UC-35 aircraft;
(3) $3,300,000 is available for the procurement of automatic flight control systems for EA-6B aircraft; and
(4) $46,000,000 is available for engineering change proposal 583 for FA-18 aircraft.
SEC. 127. ANTI-PERSONNEL OBSTACLE BREACHING SYSTEM.
Of the total amount authorized to be appropriated under section 102(c), $4,000,000 is available only for the procurement of the anti-personnel obstacle breaching system.
Subtitle D--Air Force Programs
SEC. 131. REPEAL OF REQUIREMENT FOR ANNUAL REPORT ON B-2 BOMBER AIRCRAFT PROGRAM.
Section 112 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1373), as amended by section 141 of Public Law 104-106 (110 Stat. 213), is repealed.
SEC. 132. CONVERSION OF AGM-65 MAVERICK MISSILES.
(a) INCREASE IN AMOUNT- The amount authorized to be appropriated by section 103(3) for procurement of missiles for the Air Force is hereby increased by $2,100,000.
(b) AVAILABILITY OF AMOUNT- (1) Of the amount authorized to be appropriated by section 103(3), as increased by subsection (a), $2,100,000 shall be available for In-Service Missile Modifications for the purpose of the conversion of Maverick missiles in the AGM-65B and AGM-65G configurations to Maverick missiles in the AGM-65H and AGM-65K configurations.
(2) The amount available under paragraph (1) for the purpose specified in that paragraph is in addition to any other amounts available under this Act for that purpose.
(c) OFFSET- The amount authorized to be appropriated by section 103(1) for procurement of aircraft for the Air Force is hereby reduced by $2,100,000, with the amount of the reduction applicable to amounts available under that section for ALE-50 Code Decoys.
Subtitle E--Other Matters
SEC. 141. PUEBLO CHEMICAL DEPOT CHEMICAL AGENT AND MUNITIONS DESTRUCTION TECHNOLOGIES.
(a) LIMITATION- In determining the technologies to be used for the destruction of the stockpile of lethal chemical agents and munitions at Pueblo Chemical Depot, Colorado, whether under the assessment required by section 141(a) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 537; 50 U.S.C. 1521 note), the Assembled Chemical Weapons Assessment, or any other assessment, the Secretary of Defense may consider only the following technologies:
(2) Any technologies demonstrated under the Assembled Chemical Weapons Assessment on or before May 1, 2000.
(b) ASSEMBLED CHEMICAL WEAPONS ASSESSMENT DEFINED- As used in subsection (a), the term `Assembled Chemical Weapons Assessment' means the pilot program carried out under section 8065 of the Department of Defense Appropriations Act, 1997 (section 101(b) of Public Law 104-208; 110 Stat. 3009-101; 50 U.S.C. 1521 note).
SEC. 142. INTEGRATED BRIDGE SYSTEMS FOR NAVAL SYSTEMS SPECIAL WARFARE RIGID INFLATABLE BOATS AND HIGH-SPEED ASSAULT CRAFT.
(a) INCREASE IN AUTHORIZATION FOR PROCUREMENT, DEFENSE-WIDE- The amount authorized to be appropriated by section 104 for procurement, Defense-wide, is hereby increased by $7,000,000.
(b) AVAILABILITY OF AMOUNT- Of the amount authorized to be appropriated by section 104, as increased by subsection (a), $7,000,000 shall be available for the procurement and installation of integrated bridge systems for naval systems special warfare rigid inflatable boats and high-speed assault craft for special operations forces.
(c) OFFSET- The amount authorized to be appropriated by section 103(4), for other procurement for the Air Force, is hereby reduced by $7,000,000.
SEC. 143. REPEAL OF PROHIBITION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR PROCUREMENT OF NUCLEAR-CAPABLE SHIPYARD CRANE FROM A FOREIGN SOURCE.
Section 8093 of the Department of Defense Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1253) is amended by striking subsection (d), relating to a prohibition on the use of Department of Defense funds to procure a nuclear-capable shipyard crane from a foreign source.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2001 for the use of the Department of Defense for research, development, test, and evaluation as follows:
(1) For the Army, $5,501,946,000.
(2) For the Navy, $8,665,865,000.
(3) For the Air Force, $13,887,836,000.
(4) For Defense-wide activities, $11,275,202,000, of which $223,060,000 is authorized for the Director of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) FISCAL YEAR 2001- Of the amounts authorized to be appropriated by section 201, $4,702,604,000 shall be available for basic research and applied research projects.
(b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED- For purposes of this section, the term `basic research and applied research' means work funded in program elements for defense research and development under Department of Defense category 6.1 or 6.2.
SEC. 203. ADDITIONAL AUTHORIZATION FOR RESEARCH, DEVELOPMENT, TEST, AND EVALUATION ON WEATHERING AND CORROSION OF AIRCRAFT SURFACES AND PARTS.
(a) INCREASE IN AUTHORIZATION- The amount authorized to be appropriated by section 201(3) is hereby increased by $1,500,000.
(b) AVAILABILITY OF FUNDS- The amount available under section 201(3), as increased by subsection (a), for research, development, test, and evaluation on weathering and corrosion of aircraft surfaces and parts (PE62102F) is hereby increased by $1,500,000.
(c) OFFSET- The amount authorized to be appropriated by section 201(4) is hereby decreased by $1,500,000, with the amount of such decrease being allocated to Sensor and Guidance Technology (PE63762E).
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. FISCAL YEAR 2002 JOINT FIELD EXPERIMENT.
(a) REQUIREMENTS- The Secretary of Defense shall carry out a joint field experiment in fiscal year 2002. The Secretary shall ensure that the planning for the joint field experiment is carried out during fiscal year 2001.
(b) PURPOSE- The purpose of the joint field experiment is to explore the most critical war fighting challenges at the operational level of war that will confront United States joint military forces after 2010.
(c) PARTICIPATING FORCES- (1) The joint field experiment shall involve elements of Army, Navy, Marine Corps, and Air Force, and shall include special operations forces.
(2) The forces designated to participate in the joint field experiment shall exemplify the concepts for organization, equipment, and doctrine that are conceived for the forces after 2010 under Joint Vision 2010 (issued by the Joint Chiefs of Staff) and the current vision statements of the Chief of Staff of the Army, the Chief of Naval Operations and the Commandant of the Marine Corps, and the Chief of Staff of the Air Force, including the following concepts:
(A) Air Force expeditionary aerospace forces.
(B) Army medium weight brigades.
(C) Navy forward from the sea.
(d) FUNDING- Of the amount authorized to be appropriated under section 201(2) for joint experimentation, $6,000,000 shall be available only for planning the joint field experiment required under this section.
SEC. 212. NUCLEAR AIRCRAFT CARRIER DESIGN AND PRODUCTION MODELING.
Of the amount authorized to be appropriated under section 201(2) for the Navy for nuclear aircraft carrier design and production modeling, $10,000,000 shall be available for the conversion and development of nuclear aircraft carrier design data into an electronic, three-dimensional product model.
SEC. 213. DD-21 CLASS DESTROYER PROGRAM.
(a) AUTHORITY- The Secretary of the Navy is authorized to pursue a technology insertion approach for the construction of the DD-21 destroyer on the following schedule:
(1) Commencement of construction during fiscal year 2004.
(2) Delivery of the completed vessel during fiscal year 2009.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) there are compelling reasons for starting the program for constructing the DD-21 destroyer in fiscal year 2004 and continuing with sequential construction of DD-21 class destroyers during the ensuing fiscal years until 32 DD-21 class destroyers are constructed; and
(2) the Secretary of the Navy, in providing for the acquisition of DD-21 class destroyers, should consider that--
(A) the Marine Corps needs the surface fire support capabilities of the DD-21 class destroyers as soon as possible in order to mitigate the inadequacies of the surface fire support capabilities that are currently available;
(B) the Navy and Marine Corps need to resolve whether there is a requirement for surface fire support missile weapon systems to be easily sustainable by means of replenishment while under way;
(C) the technology insertion approach has been successful for other ship construction programs and is being pursued for the CVN(X) and Virginia class submarine programs;
(D) the establishment of a stable configuration for the first 10 DD-21 class destroyers should enable the construction of the ships with the greatest capabilities at the lowest cost; and
(E) action to acquire DD-21 class destroyers should be taken as soon as possible in order to realize fully the cost savings that can be derived from the construction and operation of DD-21 class destroyers, including--
(i) savings in construction costs that would result from achievement of the Navy's target per-ship cost of $750,000,000 by the fifth ship constructed in each construction yard;
(ii) savings that will result from the estimated reduction of the crews of destroyers by 200 or more personnel for each ship; and
(iii) savings that will result from a reduction in the operating costs for destroyers by an estimated 70 percent.
(c) NAVY PLAN FOR USE OF TECHNOLOGY INSERTION APPROACH FOR CONSTRUCTION OF THE DD-21 SHIP- The Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives, not later than April 18, 2001, a plan for pursuing a technology insertion approach for the construction of the DD-21 destroyer as authorized under subsection (a). The plan shall include estimates of the resources necessary to execute the plan.
(d) REPORT ON ACQUISITION AND MAINTENANCE PLAN FOR DD-21 CLASS SHIPS- The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives, not later than April 18, 2001, a report on the Navy's plan for the acquisition and maintenance of DD-21 class destroyers. The report shall include a discussion of each of the following matters:
(1) The technical feasibility of commencing construction of the DD-21 destroyer in fiscal year 2004 and achieving delivery of the completed ship to the Navy during fiscal year 2009.
(2) An analysis of the advantages and disadvantages of various contracting strategies for the construction of the first 10 DD-21 class destroyers, including one or more multiyear procurement strategies and one or more strategies for block buy in economic order quantity.
(3) The effects on the destroyer industrial base and on costs to other Navy shipbuilding programs of delaying the commencement of construction of the DD-21 destroyer until fiscal year 2005 and delaying the commencement of construction of the next DD-21 class destroyer until fiscal year 2007.
(4) The effects on the fleet maintenance strategies of Navy fleet commanders, on commercial maintenance facilities in fleet concentration areas, and on the administration of funds in compliance with section 2466 of title 10, United States Code, of awarding to a contractor for the construction of a DD-21 class destroyer all maintenance workloads for DD-21 class destroyers that are below depot-level maintenance and above ship-level maintenance.
SEC. 214. F-22 AIRCRAFT PROGRAM.
Section 217(c) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1660) is amended by adding at the end the following:
`(3) With respect to the limitation in subsection (a), an increase by an amount that does not exceed one percent of the total amount of that limitation (taking into account the increases and decreases, if any, under paragraphs (1) and (2)) if the Director of Operational Test and Evaluation, after consulting with the Under Secretary of Defense for Acquisition, Technology, and Logistics, determines that the increase is necessary in order to ensure adequate testing.'.
SEC. 215. JOINT STRIKE FIGHTER PROGRAM.
(a) REPORT- Not later than December 15, 2000, the Secretary shall submit to Congress a report on the joint strike fighter program. The report shall contain the following:
(1) A description of the program as the program has been restructured before the date of the report, including any modified acquisition strategy that has been incorporated into the program.
(2) The exit criteria that have been established to ensure that technical risks are at levels acceptable for entry of the program into engineering and manufacturing development.
(b) TRANSFERS FROM OTHER NAVY AND AIR FORCE ACCOUNTS- (1) Notwithstanding any other provision of this Act, the Secretary may transfer to the joint strike fighter program or within the joint strike fighter program amounts authorized to be appropriated under section 201 for a purpose other than the purpose of the authorization of appropriations to which transferred, as follows:
(A) Of the funds authorized to be appropriated under section 201(2), up to $150,000,000.
(B) Of the funds authorized to be appropriated under section 201(3), up to $150,000,000.
(2) The transfer authority under paragraph (1) is in addition to the transfer authority provided in section 1001.
SEC. 216. GLOBAL HAWK HIGH ALTITUDE ENDURANCE UNMANNED AERIAL VEHICLE.
(a) CONCEPT DEMONSTRATION REQUIRED- The Secretary of Defense shall require and coordinate a concept demonstration of the Global Hawk high altitude endurance unmanned aerial vehicle.
(b) PURPOSE OF DEMONSTRATION- The purpose of the concept demonstration is to demonstrate the capability of the Global Hawk high altitude endurance unmanned aerial vehicle to operate in an airborne surveillance mode, using available, non-developmental technology.
(c) TIME FOR DEMONSTRATION- The demonstration shall take place as early in fiscal year 2001 as the Secretary determines practicable.
(d) PARTICIPATION BY CINCS- The Secretary shall require the Commander in Chief of the United States Joint Forces Command and the Commander in Chief of the United States Southern Command jointly to provide guidance for the demonstration and otherwise to participate in the demonstration.
(e) SCENARIO FOR DEMONSTRATION- The demonstration shall be conducted in a counter-drug surveillance scenario that is designed to replicate factual conditions typically encountered in the performance of the counter-drug surveillance mission of the Commander in Chief of the United States Southern Command within that commander's area of responsibility.
(f) REPORT- Not later than 45 days after the concept demonstration is completed, the Secretary shall submit to Congress a report on the results of the demonstration. The report shall include the following:
(1) The Secretary's assessment of the technical feasibility of using the Global Hawk high altitude endurance unmanned aerial vehicle for airborne air surveillance.
(2) A discussion of the operational concept for the use of the vehicle for that purpose.
SEC. 217. UNMANNED ADVANCED CAPABILITY AIRCRAFT AND GROUND COMBAT VEHICLES.
(a) GOAL- It shall be a goal of the Armed Forces to achieve the fielding of unmanned, remotely controlled technology such that--
(1) by 2010, one-third of the operational deep strike aircraft of the Armed Forces are unmanned; and
(2) by 2015, one-third of the operational ground combat vehicles of the Armed Forces are unmanned.
(b) REPORT ON ADVANCED CAPABILITY GROUND COMBAT VEHICLES- Not later than January 31, 2001, the Secretary of Defense shall submit to the congressional defense committees a report on each of the programs undertaken by the Secretaries of the Army, Navy, and Air Force jointly with the Director of the Defense Advanced Research Projects Agency to demonstrate advanced capability ground combat vehicles. The report shall include the following for the program of each military department:
(1) A schedule for the program, including, in the case of the Army program, a schedule for the demonstration of the capability for unmanned, remotely controlled operation of advanced capability ground combat vehicles for the Army.
(2) An identification of the funding required for fiscal year 2002 and for the future-years defense program to carry out the program and, in the case of the Army program, for the demonstration described in paragraph (1).
(3) A description and assessment of the acquisition strategy for unmanned ground combat vehicles planned by the Secretary of the military department concerned, together with a complete identification of all operation, support, ownership, and other costs required to carry out such strategy through the year 2030.
(c) FUNDS- Of the amount authorized to be appropriated for Defense-wide activities under section 201(4) for the Defense Advanced Research Projects Agency, $200,000,000 shall be available only to carry out the programs referred to in subsection (b).
SEC. 218. ARMY SPACE CONTROL TECHNOLOGY DEVELOPMENT.
(a) KINETIC ENERGY ANTI-SATELLITE TECHNOLOGY PROGRAM- Of the funds authorized to be appropriated under section 201(4), $20,000,000 shall be available for the kinetic energy anti-satellite technology program.
(b) OTHER ARMY SPACE CONTROL TECHNOLOGY DEVELOPMENT- Of the funds authorized to be appropriated under section 201(4), $5,000,000 shall be available for the development of space control technologies that emphasize reversible or temporary effects.
(c) LIMITATION- None of the funds made available pursuant to subsection (b) may be obligated until the funds provided for the kinetic energy anti-satellite technology program under subsection (a) have been released to the kinetic energy anti-satellite technology program manager.
SEC. 219. RUSSIAN AMERICAN OBSERVATION SATELLITES PROGRAM.
None of the funds authorized to be appropriated under section 201(4) for the Russian American Observation Satellites program may be obligated or expended until 30 days after the Secretary of Defense submits to Congress a report explaining how the Secretary plans to protect United States advanced military technology that may be associated with the Russian American Observation Satellites program.
SEC. 220. JOINT BIOLOGICAL DEFENSE PROGRAM.
(a) LIMITATION- Funds authorized to be appropriated by this Act may not be obligated for the procurement of a vaccine for the biological agent anthrax until the Secretary of Defense has submitted to the congressional defense committees the following:
(1) A written notification that the Food and Drug Administration has approved for production of the vaccine the manufacturing source from which the Department of Defense is procuring the vaccine as of the date of the enactment of this Act (hereafter in this section referred to as the `current manufacturer').
(2) A report on the contingencies associated with continuing to rely on the current manufacturer to supply anthrax vaccine.
(b) CONTENT OF REPORT- The report required under subsection (a)(2) shall include the following:
(1) Recommended strategies to mitigate the risk to the Department of Defense of losing the current manufacturer as a source of anthrax vaccine, together with a discussion of the criteria to be applied in determining whether to carry out any of the strategies and which strategy to carry out.
(2) Recommended strategies to ensure that the Department of Defense can procure from any source or sources an anthrax vaccine approved by the Food and Drug Administration that meets the requirements of the department if--
(A) the Food and Drug Administration does not approve the release of the anthrax vaccine available from the current manufacturer; or
(B) the current manufacturer terminates the production of anthrax vaccine permanently.
(3) A five-year budget to support each strategy recommended under paragraph (1) or (2).
SEC. 221. REPORT ON BIOLOGICAL WARFARE DEFENSE VACCINE RESEARCH AND DEVELOPMENT PROGRAMS.
(a) REQUIREMENT FOR REPORT- The Secretary of Defense shall submit to the congressional defense committees, not later than February 1, 2001, a report on the acquisition of biological warfare defense vaccines for the Department of Defense.
(b) CONTENT OF REPORT- The report shall include the following:
(1) The Secretary's evaluation of the implications of reliance on the commercial sector to meet the requirements of the Department of Defense for biological warfare defense vaccines.
(2) A complete design for a facility at an alternative site determined by the Secretary that is designed to be operated under government ownership by a contractor for the production of biological warfare defense vaccines to meet the current and future requirements of the Department of Defense for biological warfare defense vaccines, together with--
(A) an estimation of the cost of contractor operation of such a facility for that purpose;
(B) a determination, developed in consultation with the Surgeon General of the United States, on the utility of such a facility to support civilian vaccine requirements and a discussion of the effects that the use of the facility for that purpose would have on the operating costs for vaccine production at the facility; and
(C) an analysis of the effects that international demand for vaccines would have on the operating costs for vaccine production at such a facility.
(c) BIOLOGICAL WARFARE DEFENSE VACCINE DEFINED- In this section, the term `biological warfare defense vaccine' means a vaccine useful for the immunization of military personnel to protect against biological agents on the Validated Threat List issued by the Joint Chiefs of Staff, whether such vaccine is in production or is being developed.
SEC. 222. TECHNOLOGIES FOR DETECTION AND TRANSPORT OF POLLUTANTS ATTRIBUTABLE TO LIVE-FIRE ACTIVITIES.
(a) INCREASE IN AMOUNT- The amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation Defense-wide is hereby increased by $5,000,000.
(b) AVAILABILITY OF AMOUNT- Of the amount authorized to be appropriated by section 201(4), as increased by subsection (a), the amount available for the Strategic Environmental Research and Development Program (PE6034716D) is hereby increased by $5,000,000, with the amount of such increase available for the development and test of technologies to detect, analyze, and map the presence of, and transport of, pollutants and contaminants at sites undergoing the detection and remediation of constituents attributable to live-fire activities in a variety of hydrogeological scenarios.
(c) ADDITIONAL REQUIREMENT- Performance measures shall be established for the technologies described in subsection (b) for purposes of facilitating the implementation and utilization of such technologies by the Department of Defense.
(d) OFFSET- The amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defense-wide is hereby decreased by $5,000,000, with the amount of such decrease applied to Computing Systems and Communications Technology (PE602301E).
SEC. 223. ACOUSTIC MINE DETECTION.
(a) INCREASE IN AMOUNT- (1) The amount authorized to be appropriated by section 201(1) for research, development, test, and evaluation for the Army is hereby increased by $2,500,000.
(2) Of the amount authorized to be appropriated by section 201(1), as increased by paragraph (1), the amount available for Countermine Systems (PE602712A) is hereby increased by $2,500,000, with the amount of such increase available for research in acoustic mine detection.
(b) OFFSET- The amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation Defense-wide is hereby decreased by $2,500,000, with the amount of such decrease to be applied to Sensor Guidance Technology (PE603762E).
SEC. 224. OPERATIONAL TECHNOLOGIES FOR MOUNTED MANEUVER FORCES.
(a) INCREASE IN AMOUNT- (1) The amount authorized to be appropriated by section 201(1) for research, development, test, and evaluation for the Army is hereby increased by $5,000,000.
(2) Of the amount authorized to be appropriated by section 201(1), as increased by paragraph (1), the amount available for Concepts Experimentation Program (PE605326A) is hereby increased by $5,000,000, with the amount of such increase available for test and evaluation of future operational technologies for use by mounted maneuver forces.
(b) OFFSET- The amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation Defense-wide is hereby decreased by $5,000,000, with the amount of such decrease to be applied to Computing Systems and Communications Technology (PE602301E).
SEC. 225. AIR LOGISTICS TECHNOLOGY.
(a) AVAILABILITY OF AMOUNT- Of the amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation Defense-wide, the amount available for Generic Logistics Research and Development Technology Demonstrations (PE603712S) is hereby increased by $300,000, with the amount of such increase available for air logistics technology.
(b) OFFSET- Of the amount authorized to be appropriated by section 201(4), the amount available for Computing Systems and Communications Technology (PE602301E) is hereby decreased by $300,000.
SEC. 226. PRECISION LOCATION AND IDENTIFICATION PROGRAM (PLAID).
(a) INCREASE IN AMOUNT- (1) The amount authorized to be appropriated by section 201(3) for research, development, test, and evaluation for the Air Force is hereby increased by $8,000,000.
(2) Of the amount authorized to be appropriated by section 201(3), as increased by paragraph (1), the amount available for Electronic Warfare Development (PE604270F) is hereby increased by $8,000,000, with the amount of such increase available for the Precision Location and Identification Program (PLAID).
(b) OFFSET- The amount authorized to be appropriated by section 201(1) for research, development, test, and evaluation for the Army is hereby decreased by $8,000,000, with the amount of the reduction applied to Electronic Warfare Development (PE604270A).
SEC. 227. NAVY INFORMATION TECHNOLOGY CENTER AND HUMAN RESOURCE ENTERPRISE STRATEGY.
(a) AVAILABILITY OF INCREASED AMOUNT- (1) Of the amount authorized to be appropriated by section 201(2), for research, development, test, and evaluation for the Navy, $5,000,000 shall be available for the Navy Program Executive Office for Information Technology for purposes of the Information Technology Center and for the Human Resource Enterprise Strategy implemented under section 8147 of the Department of Defense Appropriations Act, 1999 (Public Law 105-262; 112 Stat. 2341; 10 U.S.C. 113 note).
(2) Amounts made available under paragraph (1) for the purposes specified in that paragraph are in addition to any other amounts made available under this Act for such purposes.
(b) OFFSET- Of the amount authorized to be appropriated by section 201(2), the amount available for Marine Corps Assault Vehicles (PE603611M) is hereby reduced by $5,000,000.
SEC. 228. JOINT TECHNOLOGY INFORMATION CENTER INITIATIVE.
Of the amount authorized to be appropriated under section 201(4)--
(1) $20,000,000 shall be available for the Joint Technology Information Center Initiative; and
(2) the amount provided for cyber attack sensing and warning under the information systems security program (account 0303140G) is reduced by $20,000,000.
SEC. 229. AMMUNITION RISK ANALYSIS CAPABILITIES.
(a) AVAILABILITY OF AMOUNT- Of the amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation Defense-wide, the amount available for Explosives Demilitarization Technology (PE603104D) is hereby increased by $5,000,000, with the amount of such increase available for research into ammunition risk analysis capabilities.
(b) OFFSET- Of the amount authorized to be appropriated by section 201(4), the amount available for Computing Systems and Communications Technology (PE602301E) is hereby decreased by $5,000,000.
SEC. 230. FUNDING FOR COMPARISONS OF MEDIUM ARMORED COMBAT VEHICLES.
Of the amount authorized to be appropriated under section 201(1), $40,000,000 shall be available for the advanced tank armament system program for the development and execution of the plan for comparing costs and operational effectiveness of medium armored combat vehicles required under section 112(b).
Subtitle C--Other Matters
SEC. 241. MOBILE OFFSHORE BASE.
(a) REPORT- Not later than March 1, 2001, the Secretary of Defense shall submit to Congress a report on the mobile offshore base concept.
(b) CONTENT OF REPORT- The report shall contain the following:
(1) A cost-benefit analysis of the mobile offshore base, using operational concepts that would support the National Military Strategy.
(2) A recommendation regarding whether to proceed with the mobile offshore base as a program and, if so--
(A) a statement regarding which of the Armed Forces is to be designated to have the lead responsibility for the program; and
(B) a schedule for the program.
SEC. 242. AIR FORCE SCIENCE AND TECHNOLOGY PLANNING.
(a) REPORT- Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the long-term challenges and short-term objectives of the Air Force science and technology program. The report shall include the following:
(1) An assessment of the budgetary resources that are being used for fiscal year 2001 for addressing the long-term challenges and the short-term objectives.
(2) The budgetary resources that are necessary to address those challenges and objectives adequately.
(3) A course of action for any projected or ongoing Air Force science and technology programs that do not address either the long-term challenges or the short-term objectives.
(4) The matters required under subsection (b)(5) and (c)(6).
(b) LONG-TERM CHALLENGES- (1) The Secretary of the Air Force shall establish an integrated product team to identify high-risk, high-payoff challenges that will provide a long-term focus and motivation for the Air Force science and technology program over the next 20 to 50 years. The integrated product team shall include representatives of the Office of Scientific Research and personnel from the Air Force Research Laboratory.
(2) The team shall solicit views from the entire Air Force science and technology community on the matters under consideration by the team.
(A) shall select for consideration science and technology challenges that involve--
(i) compelling requirements of the Air Force;
(ii) high-risk, high-payoff areas of exploration; and
(iii) very difficult, but probably achievable, results; and
(B) should not include as a selected challenge any linear extension of an ongoing Air Force science and technology program.
(4) The Deputy Assistant Secretary of the Air Force for Science, Technology, and Engineering shall designate a technical coordinator and a management coordinator for each science and technology challenge identified pursuant to this subsection. Each technical coordinator shall have sufficient expertise in fields related to the challenge to be able to identify other experts and affirm the credibility of the program. The coordinator for a science and technology challenge shall conduct workshops within the relevant scientific and technological community to obtain suggestions for possible approaches to addressing the challenge, to identify ongoing work that addresses the challenge, to identify gaps in current work relating to the challenge, and to highlight promising areas of research.
(5) The report required by subsection (a) shall, at a minimum, provide information on each science and technology challenge identified pursuant to this subsection and describe the results of the workshops conducted pursuant to paragraph (4), including any work not currently funded by the Air Force that should be performed to meet the challenge.
(c) SHORT-TERM OBJECTIVES- (1) The Secretary of the Air Force shall establish a task force to identify short-term technological objectives of the Air Force science and technology program. The task force shall be chaired by the Deputy Assistant Secretary of the Air Force for Science, Technology, and Engineering and shall include representatives of the Chief of Staff of the Air Force and the specified combatant commands of the Air Force.
(2) The task force shall solicit views from the entire Air Force requirements community, user community, and acquisition community.
(3) The task force shall select for consideration short-term objectives that involve--
(A) compelling requirements of the Air Force;
(B) support in the user community; and
(C) likely attainment of the desired benefits within a 5-year period.
(4) The Deputy Assistant Secretary of the Air Force for Science, Technology, and Engineering shall establish an integrated product team for each short-term objective identified pursuant to this subsection. Each integrated product team shall include representatives of the requirements community, the user community, and the science and technology community with relevant expertise.
(5) The integrated product team for a short-term objective shall be responsible for--
(A) identifying, defining, and prioritizing the enabling capabilities that are necessary for achieving the objective;
(B) identifying gaps in the enabling capabilities that must be addressed if the short-term objective is to be achieved; and
(C) working with the Air Force science and technology community to identify science and technology projects and programs that should be undertaken to fill each gap in an enabling capability.
(6) The report required by subsection (a) shall, at a minimum, describe each short-term science and technology objective identified pursuant to this subsection and describe the work of the integrated product teams conducted pursuant to paragraph (5), including any gaps identified in enabling capabilities and the science and technology work that should be undertaken to fill each such gap.
SEC. 243. 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 defense laboratory equipment (regardless of the nature of type of such equipment) surplus to the needs of the defense laboratory that is 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:
`(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).'.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2001 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $19,031,031,000.
(2) For the Navy, $23,254,154,000.
(3) For the Marine Corps, $2,746,558,000.
(4) For the Air Force, $22,389,077,000.
(5) For Defense-wide activities, $11,922,069,000.
(6) For the Army Reserve, $1,526,418,000.
(7) For the Naval Reserve, $965,946,000.
(8) For the Marine Corps Reserve, $138,959,000.
(9) For the Air Force Reserve, $1,890,859,000.
(10) For the Army National Guard, $3,222,335,000.
(11) For the Air National Guard, $3,450,875,000.
(12) For the Defense Inspector General, $144,245,000.
(13) For the United States Court of Appeals for the Armed Forces, $8,574,000.
(14) For Environmental Restoration, Army, $389,932,000.
(15) For Environmental Restoration, Navy, $294,038,000.
(16) For Environmental Restoration, Air Force, $376,300,000.
(17) For Environmental Restoration, Defense-wide, $23,412,000.
(18) For Environmental Restoration, Formerly Used Defense Sites, $231,499,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $55,400,000.
(20) For Drug Interdiction and Counter-drug Activities, Defense-wide, $845,300,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Trust Fund, $25,000,000.
(22) For Defense Health Program, $11,401,723,000.
(23) For Cooperative Threat Reduction programs, $458,400,000.
(24) For Overseas Contingency Operations Transfer Fund, $4,100,577,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2001 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $916,276,000.
(2) For the National Defense Sealift Fund, $388,158,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2001 from the Armed Forces Retirement Home Trust Fund the sum of $69,832,000 for the operation of the Armed Forces Retirement Home, including the United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) TRANSFER AUTHORITY- To the extent provided in appropriations Acts, not more than $150,000,000 is authorized to be transferred from the National Defense Stockpile Transaction Fund to operation and maintenance accounts for fiscal year 2001 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT OF TRANSFERS- Amounts transferred under this section--
(1) shall be merged with, and be available for the same purposes and the same period as, the amounts in the accounts to which transferred; and
(2) may not be expended for an item that has been denied authorization of appropriations by Congress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY- The transfer authority provided in this section is in addition to the transfer authority provided in section 1001.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 311. IMPACT AID FOR CHILDREN WITH DISABILITIES.
Of the total amount authorized to be appropriated under section 301(5) for payments under section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703), $20,000,000 is available only for payments for children with disabilities under subsection (d) of such section.
SEC. 312. JOINT WARFIGHTING CAPABILITIES ASSESSMENT TEAMS.
Of the total amount authorized to be appropriated under section 301(5) for the Joint Staff, $4,000,000 is available only for the improvement of the performance of analyses by the joint warfighting capabilities assessment teams of the Joint Requirements Oversight Council.
SEC. 313. WEATHERPROOFING OF FACILITIES AT KEESLER AIR FORCE BASE, MISSISSIPPI.
Of the total amount authorized to be appropriated by section 301(4), $2,800,000 is available for the weatherproofing of facilities at Keesler Air Force Base, Mississippi.
SEC. 314. DEMONSTRATION PROJECT FOR INTERNET ACCESS AND SERVICES IN RURAL COMMUNITIES.
(a) IN GENERAL- The Secretary of the Army, acting through the Chief of the National Guard Bureau, shall carry out a demonstration project to provide Internet access and services to rural communities that are unserved or underserved by the Internet.
(b) PROJECT ELEMENTS- In carrying out the demonstration project, the Secretary shall--
(1) establish and operate distance learning classrooms in communities described in subsection (a), including any support systems required for such classrooms; and
(2) subject to subsection (c), provide Internet access and services in such classrooms through GuardNet, the telecommunications infrastructure of the National Guard.
(c) AVAILABILITY OF ACCESS AND SERVICES- Under the demonstration project, Internet access and services shall be available to the following:
(1) Personnel and elements of governmental emergency management and response entities located in communities served by the demonstration project.
(2) Members and units of the Army National Guard located in such communities.
(3) Businesses located in such communities.
(4) Personnel and elements of local governments in such communities.
(5) Other appropriate individuals and entities located in such communities.
(d) 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 under the demonstration project and include any recommendations for the improvement or expansion of the demonstration project that the Secretary considers appropriate.
(e) FUNDING- (1) The amount authorized to be appropriated by section 301(10) for operation and maintenance of the Army National Guard is hereby increased by $15,000,000.
(2) Of the amount authorized to be appropriated by section 301(10), as increased by paragraph (1), $15,000,000 shall be available for the demonstration project required by this section.
(3) It is the sense of Congress that requests of the President for funds for the National Guard for fiscal years after fiscal year 2001 should provide for sufficient funds for the continuation of the demonstration project required by this section.
SEC. 315. TETHERED AEROSTAT RADAR SYSTEM (TARS) SITES.
(a) FINDINGS- Congress makes the following findings:
(1) Failure to operate and standardize the current Tethered Aerostat Radar System (TARS) sites along the Southwest border of the United States and the Gulf of Mexico will result in a degradation of the counterdrug capability of the United States.
(2) Most of the illicit drugs consumed in the United States enter the United States through the Southwest border, the Gulf of Mexico, and Florida.
(3) The Tethered Aerostat Radar System is a critical component of the counterdrug mission of the United States relating to the detection and apprehension of drug traffickers.
(4) Preservation of the current Tethered Aerostat Radar System network compels drug traffickers to transport illicit narcotics into the United States by more risky and hazardous routes.
(b) AVAILABILITY OF FUNDS- Of the amount authorized to be appropriated by section 301(20) for Drug Interdiction and Counter-drug Activities, Defense-wide, up to $33,000,000 may be made available to Drug Enforcement Policy Support (DEP&S) for purposes of maintaining operations of the 11 current Tethered Aerostat Radar System (TARS) sites and completing the standardization of such sites located along the Southwest border of the United States and in the States bordering the Gulf of Mexico.
SEC. 316. MOUNTED URBAN COMBAT TRAINING SITE, FORT KNOX, KENTUCKY.
Of the total amount authorized to be appropriated under section 301(1) for training range upgrades, $4,000,000 is available for the Mounted Urban Combat Training site, Fort Knox, Kentucky.
SEC. 317. MK-45 OVERHAUL.
Of the total amount authorized to be appropriated under section 301(1) for maintenance, $12,000,000 is available for overhaul of MK-45 5-inch guns.
SEC. 318. INDUSTRIAL MOBILIZATION CAPACITY AT GOVERNMENT-OWNED, GOVERNMENT-OPERATED ARMY AMMUNITION FACILITIES AND ARSENALS.
Of the amount authorized to be appropriated under section 301(1), $51,280,000 shall be available for funding the industrial mobilization capacity at Army ammunition facilities and arsenals that are government owned, government operated.
SEC. 319. CLOSE-IN WEAPON SYSTEM OVERHAULS.
Of the total amount authorized to be appropriated by section 301(2), $391,806,000 is available for weapons maintenance.
SEC. 320. SPECTRUM DATA BASE UPGRADES.
The total amount authorized to be appropriated by section 301(5) for Spectrum data base upgrades is reduced by $10,000,000.
Subtitle C--Humanitarian and Civic Assistance
SEC. 321. INCREASED AUTHORITY TO PROVIDE HEALTH CARE SERVICES AS HUMANITARIAN AND CIVIC ASSISTANCE.
Section 401(e)(1) of title 10, United States Code, is amended by striking `rural areas of a country' and inserting `areas of a country that are rural or are underserved by medical, dental, and veterinary professionals, respectively'.
SEC. 322. USE OF HUMANITARIAN AND CIVIC ASSISTANCE FUNDING FOR PAY AND ALLOWANCES OF SPECIAL OPERATIONS COMMAND RESERVES FURNISHING DEMINING TRAINING AND RELATED ASSISTANCE AS HUMANITARIAN ASSISTANCE.
Section 401(c) of title 10, United States Code, is amended by adding at the end the following:
`(5) Up to 10 percent of the funds available in any fiscal year for humanitarian and civic assistance described in subsection (e)(5) may be expended for the pay and allowances of reserve component personnel of the Special Operations Command for periods of duty for which the personnel, for a humanitarian purpose, furnish education and training on the detection and clearance of landmines or furnish related technical assistance.'.
Subtitle D--Department of Defense Industrial Facilities
SEC. 331. CODIFICATION AND IMPROVEMENT OF ARMAMENT RETOOLING AND MANUFACTURING SUPPORT PROGRAMS.
(a) IN GENERAL- (1) Part IV of subtitle B of title 10, United States Code, is amended by inserting after chapter 433 the following:
`CHAPTER 434--ARMAMENTS INDUSTRIAL BASE
`Sec.
`4552. Armament Retooling and Manufacturing Support Initiative.
`4553. Property management contracts and leases.
`4554. ARMS Initiative loan guarantee program.
`Sec. 4551. Policy
`It is the policy of the United States--
`(1) to encourage, to the maximum extent practicable, commercial firms to use Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army;
`(2) to use such facilities for supporting programs, projects, policies, and initiatives that promote competition in the private sector of the United States economy and that advance United States interests in the global marketplace;
`(3) to increase the manufacture of products inside the United States;
`(4) to support policies and programs that provide manufacturers with incentives to assist the United States in making more efficient and economical use of Government-owned industrial plants and equipment for commercial purposes;
`(5) to provide, as appropriate, small businesses (including socially and economically disadvantaged small business concerns and new small businesses) with incentives that encourage those businesses to undertake manufacturing and other industrial processing activities that contribute to the prosperity of the United States;
`(6) to encourage the creation of jobs through increased investment in the private sector of the United States economy;
`(7) to foster a more efficient, cost-effective, and adaptable armaments industry in the United States;
`(8) to achieve, with respect to armaments manufacturing capacity, an optimum level of readiness of the national technology and industrial base within the United States that is consistent with the projected threats to the national security of the United States and the projected emergency requirements of the Armed Forces of the United States; and
`(9) to encourage facility use contracting where feasible.
`Sec. 4552. Armament Retooling and Manufacturing Support Initiative
`(a) AUTHORITY FOR INITIATIVE- The Secretary of the Army may carry out a program to be known as the `Armament Retooling and Manufacturing Support Initiative' (hereafter in this chapter referred to as the `ARMS Initiative').
`(b) PURPOSES- The purposes of the ARMS Initiative are as follows:
`(1) To encourage commercial firms, to the maximum extent practicable, to use Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army for commercial purposes.
`(2) To increase the opportunities for small businesses (including socially and economically disadvantaged small business concerns and new small businesses) to use such facilities for those purposes.
`(3) To maintain in the United States a work force having the skills in manufacturing processes that are necessary to meet industrial emergency planned requirements for national security purposes.
`(4) To demonstrate innovative business practices, to support Department of Defense acquisition reform, and to serve as both a model and a laboratory for future defense conversion initiatives of the Department of Defense.
`(5) To the maximum extent practicable, to allow the operation of Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army to be rapidly responsive to the forces of free market competition.
`(6) To reduce or eliminate the cost of ownership of ammunition manufacturing facilities by the Department of the Army, including the costs of operations and maintenance, the costs of environmental remediation, and other costs.
`(7) To reduce the cost of products of the Department of Defense produced at ammunition manufacturing facilities of the Department of the Army.
`(8) To leverage private investment at Government-owned, contractor-operated ammunition manufacturing facilities through long-term facility use contracts, property management contracts, leases, or other agreements that support and advance the policies and purposes of this chapter, for the following activities:
`(A) Recapitalization of plant and equipment.
`(B) Environmental remediation.
`(C) Promotion of commercial business ventures.
`(9) To foster cooperation between the Department of the Army, property managers, commercial interests, and State and local agencies in the implementation of sustainable development strategies and investment in facilities made available for purposes of the ARMS Initiative.
`(10) To reduce or eliminate the cost of asset disposal prior to a declaration by the Secretary of the Army that property is excess to the needs of the Department of the Army.
`(c) AVAILABILITY OF FACILITIES- (1) The Secretary of the Army may make any Government-owned, contractor-operated ammunition manufacturing facility of the Department of the Army available for the purposes of the ARMS Initiative.
`(2) The authority under paragraph (1) applies to a facility described in that paragraph without regard to whether the facility is active, inactive, in layaway or caretaker status, or is designated (in whole or in part) as excess property under property classification procedures applicable under title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.).
`(d) PRECEDENCE OF PROVISION OVER CERTAIN PROPERTY MANAGEMENT LAWS- The following provisions of law shall not apply to uses of property or facilities in accordance with this section to the extent that such provisions of law are inconsistent with the exercise of the authority of this section:
`(1) Section 2667(a)(3) of this title.
`(2) The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
`(3) Section 321 of the Act of June 30, 1932 (commonly known as the `Economy Act') (40 U.S.C. 303b).
`(e) PROGRAM SUPPORT- (1) Funds appropriated for purposes of the ARMS Initiative may be used for administrative support and management.
`(2) A full annual accounting of such expenses for each fiscal year shall be provided to the Committees on Armed Services and on Appropriations of the Senate and the House of Representatives not later than March 30 of the following fiscal year.
`Sec. 4553. Property management contracts and leases
`(a) IN GENERAL- In the case of each Government-owned, contractor-operated ammunition manufacturing facility of the Department of the Army that is made available for the ARMS Initiative, the Secretary of the Army--
`(1) shall make full use of facility use contracts, leases, and other such commercial contractual instruments as may be appropriate;
`(2) shall evaluate, on the basis of efficiency, cost, emergency mobilization requirements, and the goals and purposes of the ARMS Initiative, the procurement of services from the property manager, including maintenance, operation, modification, infrastructure, environmental restoration and remediation, and disposal of ammunition manufacturing assets, and other services; and
`(3) may, in carrying out paragraphs (1) and (2)--
`(A) enter into contracts, and provide for subcontracts, for terms up to 25 years, as the Secretary considers appropriate and consistent with the needs of the Department of the Army and the goals and purposes of the ARMS Initiative; and
`(B) use procedures that are authorized to be used under section 2304(c)(5) of this title when the contractor or subcontractor is a source specified in law.
`(b) CONSIDERATION FOR USE- (1) To the extent provided in a contract entered into under this section for the use of property at a Government-owned, contractor-operated ammunition manufacturing facility that is accountable under the contract, the Secretary of the Army may accept consideration for such use that is, in whole or in part, in a form other than--
`(B) revenue generated at the facility.
`(2) Forms of consideration acceptable under paragraph (1) for a use of a facility or any property at a facility include the following:
`(A) The improvement, maintenance, protection, repair, and restoration of the facility, the property, or any property within the boundaries of the installation where the facility is located.
`(B) Reductions in overhead costs.
`(C) Reductions in product cost.
`(3) The authority under paragraph (1) may be exercised without regard to section 3302(b) of title 31 and any other provision of law.
`(c) REPORTING REQUIREMENT- Not later than July 1 each year, the Secretary of the Army shall submit to the Committees on Armed Services and on Appropriations of the Senate and the House of Representatives a report on the procedures and controls implemented to carry out this section.
`Sec. 4554. ARMS Initiative loan guarantee program
`(a) PROGRAM AUTHORIZED- Subject to subsection (b), the Secretary of the Army may carry out a loan guarantee program to encourage commercial firms to use ammunition manufacturing facilities under this chapter. Under any such program, the Secretary may guarantee the repayment of any loan made to a commercial firm to fund, in whole or in part, the establishment of a commercial activity to use any such facility under this chapter.
`(b) ADVANCED BUDGET AUTHORITY- Loan guarantees under this section may not be committed except to the extent that appropriations of budget authority to cover their costs are made in advance, as required by section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).
`(c) PROGRAM ADMINISTRATION- (1) The Secretary may enter into an agreement with any of the officials named in paragraph (2) under which that official may, for the purposes of this section--
`(A) process applications for loan guarantees;
`(B) guarantee repayment of loans; and
`(C) provide any other services to the Secretary to administer the loan guarantee program.
`(2) The officials referred to in paragraph (1) are as follows:
`(A) The Administrator of the Small Business Administration.
`(B) The head of any appropriate agency in the Department of Agriculture, including--
`(i) the Administrator of the Farmers Home Administration; and
`(ii) the Administrator of the Rural Development Administration.
`(3) Each official authorized to do so under an agreement entered into under paragraph (1) may guarantee loans under this section to commercial firms of any size, notwithstanding any limitations on the size of applicants imposed on other loan guarantee programs that the official administers.
`(4) To the extent practicable, each official processing loan guarantee applications under this section pursuant to an agreement entered into under paragraph (1) shall use the same processing procedures as the official uses for processing loan guarantee applications under other loan guarantee programs that the official administers.
`(d) LOAN LIMITS- The maximum amount of loan principal guaranteed during a fiscal year under this section may not exceed--
`(1) $20,000,000, with respect to any single borrower; and
`(2) $320,000,000 with respect to all borrowers.
`(e) TRANSFER OF FUNDS- The Secretary of the Army may transfer to an official providing services under subsection (c), and that official may accept, such funds as may be necessary to administer the loan guarantee program under this section.
`Sec. 4555. Definitions
`(1) The term `property manager' includes any person or entity managing a facility made available under the ARMS Initiative through a property management contract.
`(2) The term `property management contract' includes facility use contracts, site management contracts, leases, and other agreements entered into under the authority of this chapter.'.
(2) The tables of chapters at the beginning of subtitle B of such title and at the beginning of part IV of such subtitle are amended by inserting after the item relating to chapter 433 the following:
4551'.
(b) RELATIONSHIP TO NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE- (1) Subchapter IV of chapter 148 of title 10, United States Code, is amended--
(A) by redesignating section 2525 as section 2521; and
(B) by adding at the end the following:
`Sec. 2522. Armament retooling and manufacturing
`The Secretary of the Army is authorized by chapter 434 of this title to carry out programs for the support of armaments retooling and manufacturing in the national defense industrial and technology base.'.
(2) The table of sections at the beginning of such subchapter is amended by striking the item relating to section 2525 and inserting the following:
`2521. Manufacturing Technology Program.
`2522. Armament retooling and manufacturing.'.
(c) REPEAL OF SUPERSEDED LAW- The Armament Retooling and Manufacturing Support Act of 1992 (subtitle H of title I of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2501 note)) is repealed.
SEC. 332. CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE.
(a) DESIGNATION OF ARMY ARSENALS- (1) Subsection (a) of section 2474 of title 10, United States Code, is amended by striking paragraph (1) and inserting the following:
`(1) The Secretary concerned, or the Secretary of Defense in the case of a Defense Agency, shall designate as a Center of Industrial and Technical Excellence in the recognized core competencies of the designee the following:
`(A) Each depot-level activity of the military departments and the Defense Agencies (other than facilities approved for closure or major realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)).
`(B) Each arsenal of the Army.
`(C) Each government-owned, government-operated ammunition plant of the Army.'.
(2) Paragraph (2) of such subsection is amended--
(A) by inserting `of Defense' after `The Secretary'; and
(B) by striking `depot-level activities' and inserting `Centers of Industrial and Technical Excellence'.
(3) Paragraph (3) of such subsection is amended by striking `the efficiency and effectiveness of depot-level operations, improve the support provided by depot-level activities' and inserting `the efficiency and effectiveness of operations at Centers of Industrial and Technical Excellence, improve the support provided by the Centers'.
(b) PUBLIC-PRIVATE PARTNERSHIPS- Subsection (b) of such section is amended to read as follows:
`(b) PUBLIC-PRIVATE PARTNERSHIPS- (1) To achieve one or more objectives set forth in paragraph (2), the Secretary designating a Center of Industrial and Technical Excellence under subsection (a) shall authorize and encourage the head of the Center to enter into public-private cooperative arrangements that provide any of the following:
`(A) For employees of the Center, private industry, or other entities outside the Department of Defense--
`(i) to perform (under contract, subcontract, or otherwise) work in any of the core competencies of the Center, including any depot-level maintenance and repair work that involves one or more core competencies of the Center; or
`(ii) to perform at the Center depot-level maintenance and repair work that does not involve a core competency of the Center.
`(B) For private industry or other entities outside the Department of Defense to use, for any period of time determined to be consistent with the needs of the Department of Defense, any facilities or equipment of the Center that are not fully utilized by a military department for its own production or maintenance requirements.
`(2) The objectives for exercising the authority provided in paragraph (1) are as follows:
`(A) To maximize the utilization of the capacity of a Center of Industrial and Technical Excellence.
`(B) To reduce or eliminate the cost of ownership of a Center by the Department of Defense in such areas of responsibility as operations and maintenance and environmental remediation.
`(C) To reduce the cost of products of the Department of Defense produced or maintained at a Center.
`(D) To leverage private sector investment in--
`(i) such efforts as plant and equipment recapitalization for a Center; and
`(ii) the promotion of the undertaking of commercial business ventures at a Center.
`(E) To foster cooperation between the armed forces and private industry.
`(3) A public-private cooperative arrangement entered into under this subsection shall be known as a `public-private partnership'.
`(4) The Secretary designating a Center of Industrial and Technical Excellence under subsection (a) may waive the condition in paragraph (1)(A) and subsection (a)(1) of section 2553 of this title that an article or service must be not available (as defined in subsection (g)(2) of such section) from a United States commercial source in the case of a particular article or service of a public-private partnership if the Secretary determines that the waiver is necessary to achieve one or more objectives set forth in paragraph (2).
`(5) In any sale of articles manufactured or services performed by employees of a Center pursuant to a waiver under paragraph (4), the Secretary shall charge the full cost of manufacturing the articles or performing the services, as the case may be. The full cost charged shall include both direct costs and indirect costs.'.
(c) PRIVATE SECTOR USE OF EXCESS CAPACITY- Such section is further amended--
(1) striking subsection (d);
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new subsection (c):
`(c) PRIVATE SECTOR USE OF EXCESS CAPACITY- Any facilities or equipment of a Center of Industrial and Technical Excellence made available to private industry may be used to perform maintenance or to produce goods in order to make more efficient and economical use of Government-owned industrial plants and encourage the creation and preservation of jobs to ensure the availability of a workforce with the necessary manufacturing and maintenance skills to meet the needs of the armed forces.'.
(d) CREDITING OF AMOUNTS FOR PERFORMANCE- Subsection (d) of such section, as redesignated by subsection (c)(2), is amended by adding at the end the following: `Consideration in the form of rental payments or (notwithstanding section 3302(b) of title 31) in other forms may be accepted for a use of property accountable under a contract performed pursuant to this section. Notwithstanding section 2667(d) of this title, revenues generated pursuant to this section shall be available for facility operations, maintenance, and environmental restoration at the Center where the leased property is located.'.
(e) AVAILABILITY OF EXCESS EQUIPMENT TO PRIVATE-SECTOR PARTNERS- Such section is further amended by adding at the end the following:
`(e) AVAILABILITY OF EXCESS EQUIPMENT TO PRIVATE-SECTOR PARTNERS- Equipment or facilities of a Center of Industrial and Technical Excellence may be made available for use by a private-sector entity under this section only if--
`(1) the use of the equipment or facilities will not have a significant adverse effect on the readiness of the armed forces, as determined by the Secretary concerned or, in the case of a Center in a Defense Agency, by the Secretary of Defense; and
`(2) the private-sector entity agrees--
`(A) to reimburse the Department of Defense for the direct and indirect costs (including any rental costs) that are attributable to the entity's use of the equipment or facilities, as determined by that Secretary; and
`(B) to hold harmless and indemnify the United States from--
`(i) any claim for damages or injury to any person or property arising out of the use of the equipment or facilities, except in a case of willful conduct or gross negligence; and
`(ii) any liability or claim for damages or injury to any person or property arising out of a decision by the Secretary concerned or the Secretary of Defense to suspend or terminate that use of equipment or facilities during a war or national emergency.
`(f) 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) LOAN GUARANTEE PROGRAM FOR SUPPORT OF PUBLIC-PRIVATE PARTNERSHIPS- Chapter 146 of title 10, United States Code, is amended by adding at the end the following:
`Sec. 2475. Centers of Industrial and Technical Excellence: loan guarantee program for support of public-private partnerships
`(a) PROGRAM AUTHORIZED- Subject to subsection (b), the Secretary of Defense may carry out a loan guarantee program to encourage commercial firms to use Centers of Industrial and Technical Excellence pursuant to section 2474 of this title. Under any such program, the Secretary may guarantee the repayment of any loan made to a commercial firm to fund, in whole or in part, the establishment of public-private partnerships authorized under subsection (b) of such section.
`(b) ADVANCED BUDGET AUTHORITY- Loan guarantees under this section may not be committed except to the extent that appropriations of budget authority to cover their costs are made in advance, as required by section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).
`(c) PROGRAM ADMINISTRATION- (1) The Secretary may enter into an agreement with any of the officials named in paragraph (2) under which that official may, for the purposes of this section--
`(A) process applications for loan guarantees;
`(B) guarantee repayment of loans; and
`(C) provide any other services to the Secretary to administer the loan guarantee program.
`(2) The officials referred to in paragraph (1) are as follows:
`(A) The Administrator of the Small Business Administration.
`(B) The head of any appropriate agency in the Department of Agriculture, including--
`(i) the Administrator of the Farmers Home Administration; and
`(ii) the Administrator of the Rural Development Administration.
`(3) Each official authorized to do so under an agreement entered into under paragraph (1) may guarantee loans under this section to commercial firms of any size, notwithstanding any limitations on the size of applicants imposed on other loan guarantee programs that the official administers.
`(4) To the extent practicable, each official processing loan guarantee applications under this section pursuant to an agreement entered into under paragraph (1) shall use the same processing procedures as the official uses for processing loan guarantee applications under other loan guarantee programs that the official administers.
`(d) LOAN LIMITS- The maximum amount of loan principal guaranteed during a fiscal year under this section may not exceed--
`(1) $20,000,000, with respect to any single borrower; and
`(2) $320,000,000 with respect to all borrowers.
`(e) TRANSFER OF FUNDS- The Secretary of Defense may transfer to an official providing services under subsection (c), and that official may accept, such funds as may be necessary to administer the loan guarantee program under this section.'.
(g) USE OF WORKING CAPITAL-FUNDED FACILITIES- Section 2208(j) of title 10, United States Code, is amended--
(1) by striking `contract; and' in paragraph (1) and all that follows through `(2) the Department of Defense' in paragraph (2) and inserting the following: `contract, and the Department of Defense';
(2) by striking the period at the end and inserting `; or'; and
(3) by adding at the end the following:
`(2) the Secretary would advance the objectives set forth in section 2474(b)(2) of this title by authorizing the facility to do so.'.
(h) REPEAL OF GENERAL AUTHORITY TO LEASE EXCESS DEPOT-LEVEL EQUIPMENT AND FACILITIES TO OUTSIDE TENANTS- Section 2471 of title 10, United States Code, is repealed.
(i) CLERICAL AMENDMENTS- The table of sections at the beginning of chapter 146 of such title is amended--
(1) by striking the item relating to section 2471; and
(2) by adding at the end the following:
`2475. Centers of Industrial and Technical Excellence: loan guarantee program for support of public-private partnerships.'.
SEC. 333. EFFECTS OF OUTSOURCING ON OVERHEAD COSTS OF CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE AND AMMUNITION PLANTS.
(a) FINDINGS- Congress makes the following findings:
(1) Centers of Industrial and Technical Excellence and ammunition plants of the United States comprise a vital component of the national technology and industrial base that ensures that there is sufficient domestic industrial capacity to meet the needs of the Armed Forces for certain critical defense equipment and supplies in time of war or national emergency.
(2) Underutilization of the Centers of Industrial and Technical Excellence and ammunition plants in peacetime does not diminish the critical importance of those centers and ammunition plants to the national defense.
(b) REQUIREMENT FOR REPORTS- (1) Subchapter V of chapter 148 of title 10, United States Code, is amended by adding at the end the following:
`Sec. 2539c. Centers of Industrial and Technical Excellence and ammunition plants of the United States: effects of outsourcing on overhead costs
`Not later than 30 days before any official of the Department of Defense enters into a contract with a private sector source for the performance of a workload already being performed by more than 50 employees at a Center of Industrial and Technical Excellence designated under section 2474(a) of this title or an ammunition plant of the United States, the Secretary of Defense shall submit to Congress a report describing the effect that the performance and administration of the contract will have on the overhead costs of the center or ammunition plant, as the case may be.'.
(2) The table of sections at the beginning of subchapter V of such chapter is amended by adding at the end the following:
`2539c. Centers of Industrial and Technical Excellence and ammunition plants of the United States: effects of outsourcing on overhead costs.'.
SEC. 334. REVISION OF AUTHORITY TO WAIVE LIMITATION ON PERFORMANCE OF DEPOT-LEVEL MAINTENANCE.
Section 2466(c) of title 10, United States Code, is amended to read as follows:
`(c) WAIVER OF LIMITATION- The President may waive the limitation in subsection (a) for a fiscal year if--
`(1) the President determines that--
`(A) the waiver is necessary for reasons of national security; and
`(B) compliance with the limitation cannot be achieved through effective management of depot operations consistent with those reasons; and
`(2) the President submits to Congress a notification of the waiver together with a discussion of the reasons for the waiver.'.
SEC. 335. UNUTILIZED AND UNDERUTILIZED PLANT-CAPACITY COSTS OF UNITED STATES ARSENALS.
(a) IN GENERAL- (1) The Secretary of the Army shall submit to Congress each year, together with the President's budget for the fiscal year beginning in such year under section 1105(a) of title 31, an estimate of the funds to be required in the fiscal year in order to cover the costs of operating and maintaining unutilized and underutilized plant capacity at United States arsenals.
(2) Funds appropriated to the Secretary for a fiscal year for costs described in paragraph (1) shall be utilized by the Secretary in such fiscal year only to cover such costs.
(3) Notwithstanding any other provision of law, the Secretary shall not include unutilized or underutilized plant-capacity costs when evaluating an arsenal's bid for purposes of the arsenal's contracting to provide a good or service to a United States Government organization. When an arsenal is subcontracting to a private-sector entity on a good or service to be provided to a United States Government organization, the cost charged by the arsenal shall not include unutilized or underutilized plant-capacity costs that are funded by a direct appropriation.
(b) DEFINITION- For purposes of this section, the term `unutilized and underutilized plant-capacity cost' shall mean the cost associated with operating and maintaining arsenal facilities and equipment 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.
Subtitle E--Environmental Provisions
SEC. 341. ENVIRONMENTAL RESTORATION ACCOUNTS.
(a) ADDITIONAL ACCOUNT FOR FORMERLY USED DEFENSE SITES- Subsection (a) of section 2703 of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(5) An account to be known as the `Environmental Restoration Account, Formerly Used Defense Sites'.'.
(b) ACCOUNTS AS SOLE SOURCE OF FUNDS FOR OPERATION AND MONITORING OF ENVIRONMENTAL REMEDIES- That section is further amended by adding at the end the following:
`(f) ACCOUNTS AS SOLE SOURCE OF FUNDS FOR ENVIRONMENTAL REMEDIES- (1) The sole source of funds for the long-term operation and monitoring of an environmental remedy at a facility under the jurisdiction of the Department of Defense shall be the applicable environmental restoration account under subsection (a).
`(2) In this subsection, the term `environmental remedy' shall have the meaning given the term `remedy' under section 101(24) of CERCLA (42 U.S.C. 9601(24)).'.
SEC. 342. PAYMENT OF FINES AND PENALTIES FOR ENVIRONMENTAL COMPLIANCE VIOLATIONS.
(a) PAYMENT OF FINES AND PENALTIES- (1) Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 2710. Environmental compliance: payment of fines and penalties for violations
`(a) IN GENERAL- The Secretary of Defense or the Secretary of a military department may not pay a fine or penalty for an environmental compliance violation that is imposed by a Federal agency against the Department of Defense or such military department, as the case may be, unless the payment of the fine or penalty is specifically authorized by law, if the amount of the fine or penalty (including any supplemental environmental projects carried out as part of such penalty) is $1,500,000 or more.
`(b) DEFINITIONS- In this section:
`(1)(A) Except as provided in subparagraph (B), the term `environmental compliance', in the case of on-going operations, functions, or activities at a Department of Defense facility, means the activities necessary to ensure that such operations, functions, or activities meet requirements under applicable environmental law.
`(B) The term does not include operations, functions, or activities relating to environmental restoration under this chapter that are conducted using funds in an environmental restoration account under section 2703(a) of this title.
`(2) The term `violation', in the case of environmental compliance, means an act or omission resulting in the failure to ensure the compliance.
`(c) EXPIRATION OF PROHIBITION- This section does not apply to any part of a violation described in subsection (a) that occurs on or after the date that is three years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2001.'.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
`2710. Environmental compliance: payment of fines and penalties for violations.'.
(b) APPLICABILITY- (1) Section 2710 of title 10, United States Code (as added by subsection (a)), shall take effect on the date of the enactment of this Act.
(2) Subsection (a)(1) of that section, as so added, shall not apply with respect to any supplemental environmental projects referred to in that subsection that were agreed to before the date of the enactment of this Act.
SEC. 343. ANNUAL REPORTS UNDER STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM.
(a) REPEAL OF REQUIREMENT FOR ANNUAL REPORT FROM SCIENTIFIC ADVISORY BOARD- Section 2904 of title 10, United States Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
(b) INCLUSION OF ACTIONS OF BOARD IN ANNUAL REPORTS OF COUNCIL- Section 2902(d)(3) of such title is amended by adding at the end the following subparagraph:
`(D) A summary of the actions of the Strategic Environmental Research and Development Program Scientific Advisory Board during the year preceding the year in which the report is submitted and any recommendations, including recommendations on program direction and legislation, that the Advisory Board considers appropriate regarding the program.'.
SEC. 344. PAYMENT OF FINES OR PENALTIES IMPOSED FOR ENVIRONMENTAL COMPLIANCE VIOLATIONS AT CERTAIN DEPARTMENT OF DEFENSE FACILITIES.
(a) ARMY- The Secretary of the Army may, from amounts authorized to be appropriated for the Army by this title and available for such purpose, utilize amounts for the purposes and at the locations, as follows:
(1) $993,000 for a Supplemental Environmental Project to implement an installation-wide hazardous substance management system at Walter Reed Army Medical Center, Washington, District of Columbia, in satisfaction of a fine imposed by Environmental Protection Agency Region 3 under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(2) $377,250 for a Supplemental Environmental Project to install new parts washers at Fort Campbell, Kentucky, in satisfaction of a fine imposed by Environmental Protection Agency Region 4 under the Solid Waste Disposal Act.
(3) $20,701 for a Supplemental Environmental Project to upgrade the wastewater treatment plant at Fort Gordon, Georgia, in satisfaction of a fine imposed by the State of Georgia under the Solid Waste Disposal Act.
(4) $78,500 for Supplemental Environmental Projects to reduce the generation of hazardous waste at Pueblo Chemical Depot, Colorado, in satisfaction of a fine imposed by the State of Colorado under the Solid Waste Disposal Act.
(5) $20,000 for a Supplemental Environmental Project to repair cracks in floors of igloos used to store munitions hazardous waste at Deseret Chemical Depot, Utah, in satisfaction of a fine imposed by the State of Utah under the Solid Waste Disposal Act.
(6) $7,975 for payment to the Texas Natural Resource Conservation Commission of a cash fine for permit violations assessed under the Solid Waste Disposal Act.
(b) NAVY- The Secretary of the Navy may, from amounts authorized to be appropriated for the Navy by this title and available for such purpose, utilize amounts for the purposes and at the locations, as follows:
(1) $108,800 for payment to the West Virginia Division of Environmental Protection of a cash penalty with respect to Allegany Ballistics Laboratory, West Virginia, under the Solid Waste Disposal Act.
(2) $5,000 for payment to Environmental Protection Agency Region 6 of a cash penalty with respect to Naval Air Station, Corpus Christi, Texas, under the Clean Air Act (42 U.S.C. 7401).
SEC. 345. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH THE FORMER NANSEMOND ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA.
(a) AUTHORITY- The Secretary of Defense may pay, using funds described in subsection (b), not more than $98,210 to the Former Nansemond Ordnance Depot Site Special Account within the Hazardous Substance Superfund established by section 9507 of the Internal Revenue Code of 1986 (26 U.S.C. 9507) to reimburse the Environmental Protection Agency for costs incurred by the agency in overseeing a time critical removal action under CERCLA being performed by the Department of Defense under the Defense Environmental Restoration Program for ordnance and explosive safety hazards at the Former Nansemond Ordnance Depot Site, Suffolk, Virginia, pursuant to an Interagency Agreement entered into by the Department of the Army and the Environmental Protection Agency on January 3, 2000.
(b) SOURCE OF FUNDS- Any payment under subsection (a) shall be made using amounts authorized to be appropriated by section 301 to the Environmental Restoration Account, Formerly Used Defense Sites, established by paragraph (5) of section 2703(a) of title 10, United States Code, as added by section 341(a) of this Act.
(c) DEFINITIONS- In this section:
(1) The term `CERCLA' means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(2) The term `Defense Environmental Restoration Program' means the program of environmental restoration carried out under chapter 160 of title 10, United States Code.
SEC. 346. ENVIRONMENTAL RESTORATION ACTIVITIES.
(a) AUTHORITY TO USE FUNDS FOR FACILITIES RELOCATION- During the period beginning on October 1, 2000, and ending on September 30, 2003, the Secretary concerned may use funds available under section 2703 of title 10, United States Code, to pay for the costs of permanently relocating facilities because of a release or threatened release of hazardous substances, pollutants, or contaminants from--
(1) real property or facilities currently under the jurisdiction of the Secretary of Defense; or
(2) real property or facilities that were under the jurisdiction of the Secretary of Defense at the time of the actions leading to such release or threatened release.
(b) LIMITATIONS- (1) The Secretary concerned may not pay the costs of permanently relocating facilities under subsection (a) unless the Secretary concerned determines in writing that such permanent relocation of facilities is part of a response action that--
(A) has the support of the affected community;
(B) has the approval of relevant regulatory agencies; and
(C) is the most cost effective response action available.
(2) Not more than 5 percent of the funds available under section 2703 of title 10, United States Code, in any fiscal year may be used to pay the costs of permanently relocating facilities pursuant to the authority in subsection (a).
(c) REPORTS- (1) Not later than November 30 of each of 2001, 2002, and 2003, the Secretary of Defense shall submit to Congress a report on each response action for which a written determination has been made under subsection (b)(1) in the fiscal year ending in such year.
(2) Each report for a fiscal year under paragraph (1) shall contain the following:
(A) A copy of each written determination under subsection (b)(1) during such fiscal year.
(B) A description of the response action taken or to be taken in connection with each such written determination.
(C) A statement of the costs incurred or to be incurred in connection with the permanent relocation of facilities covered by each such written determination.
(d) SECRETARY CONCERNED DEFINED- In this section, the term `Secretary concerned' means the following:
(1) The Secretary of a military department, with regard to real property or facilities for which such military department is the lead agency.
(2) The Secretary of Defense, for any other real property or facilities.
SEC. 347. SHIP DISPOSAL PROJECT.
(a) CONTINUATION OF PROJECT- (1) Subject to the provisions of this subsection, the Secretary of the Navy shall continue to carry out a ship disposal project within the United States during fiscal year 2001.
(2) The scope of the ship disposal project shall be sufficient to permit the Secretary to assemble appropriate data on the cost of scrapping ships.
(3) The Secretary shall use competitive procedures to award all task orders under the primary contracts under the ship disposal project.
(b) REPORT- Not later than December 31, 2000, the Secretary shall submit to the congressional defense committees a report on the ship disposal project referred to in subsection (a). The report shall contain the following:
(1) A description of the competitive procedures used for the solicitation and award of all task orders under the project.
(2) A description of the task orders awarded under the project.
(3) An assessment of the results of the project as of the date of the report, including the performance of contractors under the project.
(4) The proposed strategy of the Navy for future procurement of ship scrapping activities.
SEC. 348. REPORT ON DEFENSE ENVIRONMENTAL SECURITY CORPORATE INFORMATION MANAGEMENT PROGRAM.
(a) REPORT REQUIRED- Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the Defense Environmental Security Corporate Information Management program.
(b) REPORT ELEMENTS- The report under subsection (a) shall include the following elements:
(1) The recommendations of the Secretary for the future mission of the Defense Environmental Security Corporate Information Management program.
(2) A discussion of the means by which the program will address or provide the following:
(A) Information access procedures which keep pace with current and evolving requirements for information access.
(B) Data standardization and systems integration.
(C) Product failures and cost-effective results.
(D) User confidence and utilization.
(F) Program accountability, including accountability for all past, current, and future activities funded under the program.
(G) Program management and oversight.
(H) Program compliance with applicable requirements of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106) and applicable requirements under other provisions of law.
SEC. 349. REPORT ON PLASMA ENERGY PYROLYSIS SYSTEM.
(a) REPORT REQUIRED- Not later than October 1, 2000, the Secretary of the Army shall submit to the congressional defense committees a report on the Plasma Energy Pyrolysis System (PEPS).
(b) REPORT ELEMENTS- The report on the Plasma Energy Pyrolysis System under subsection (a) shall include the following:
(1) An analysis of available information and data on the fixed-transportable unit demonstration phase of the System and on the mobile unit demonstration phase of the System.
(2) Recommendations regarding future applications for each phase of the System described in paragraph (1).
(3) A statement of the projected funding for such future applications.
Subtitle F--Other Matters
SEC. 361. EFFECTS OF WORLDWIDE CONTINGENCY OPERATIONS ON READINESS OF CERTAIN MILITARY AIRCRAFT AND EQUIPMENT.
(a) REQUIREMENT FOR REPORT- The Secretary of Defense shall submit to Congress, not later than 180 days after the date of the enactment of this Act, a report on--
(1) the effects of worldwide contingency operations of the Navy, Marine Corps, and Air Force on the readiness of aircraft of those Armed Forces; and
(2) the effects of worldwide contingency operations of the Army and Marine Corps on the readiness of ground equipment of those Armed Forces.
(b) CONTENT OF REPORT- The report shall contain the Secretary's assessment of the effects of the contingency operations referred to in subsection (a) on the capability of the Department of Defense to maintain a high level of equipment readiness and to manage a high operating tempo for the aircraft and ground equipment.
(c) EFFECTS ON AIRCRAFT- The assessment contained in the report shall address, with respect to aircraft, the following effects:
(1) The effects of the contingency operations carried out during fiscal years 1995 through 2000 on the aircraft of each of the Navy, Marine Corps, and Air Force in each category of aircraft, as follows:
(A) Combat tactical aircraft.
(C) Combat support aircraft.
(D) Combat service support aircraft.
(2) The types of adverse effects on the aircraft of each of the Navy, Marine Corps, and Air Force in each category of aircraft specified in paragraph (1) resulting from contingency operations, as follows:
(A) Patrolling in no-fly zones--
(i) over Iraq in Operation Northern Watch;
(ii) over Iraq in Operation Southern Watch; and
(iii) over the Balkans in Operation Allied Force.
(B) Air operations in the NATO air war against Serbia in Operation Sky Anvil, Operation Noble Anvil, and Operation Allied Force.
(C) Air operations in Operation Shining Hope in Kosovo.
(D) All other activities within the general context of worldwide contingency operations.
(3) Any other effects that the Secretary considers appropriate in carrying out subsection (a).
(d) EFFECTS ON GROUND EQUIPMENT- The assessment contained in the report shall address, with respect to ground equipment, the following effects:
(1) The effects of the contingency operations carried out during fiscal years 1995 through 2000 on the ground equipment of each of the Army and Marine Corps.
(2) Any other effects that the Secretary considers appropriate in carrying out subsection (a).
SEC. 362. REALISTIC BUDGETING FOR READINESS REQUIREMENTS OF THE ARMY.
(a) REQUIREMENT FOR NEW METHODOLOGY- The Secretary of the Army shall develop a new methodology for preparing budget requests for operation and maintenance that can be used to ensure that the budget requests for operation and maintenance for future fiscal years more accurately reflect the Army's requirements than do the budget requests that have been submitted to Congress for fiscal year 2001 and preceding fiscal years.
(b) SENSE OF CONGRESS ON THE NEW METHODOLOGY- It is the sense of Congress that--
(1) the methodology should provide for the determination of the budget levels to request for operation and maintenance to be based on--
(A) the level of training that must be conducted in order to maintain essential readiness;
(B) the cost of conducting the training at that level; and
(C) the costs of all other Army operations, including the cost of meeting infrastructure requirements; and
(2) the Secretary should use the new methodology in the preparation of the budget requests for operation and maintenance for fiscal years after fiscal year 2001.
SEC. 363. ADDITIONS TO PLAN FOR ENSURING VISIBILITY OVER ALL IN-TRANSIT END ITEMS AND SECONDARY ITEMS.
(a) REQUIRED ADDITIONS- Subsection (d) of section 349 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1981; 10 U.S.C. 2458 note) is amended--
(1) by inserting before the period at the end of paragraph (1) `, including specific actions to address underlying weaknesses in the controls over items being shipped'; and
(2) by adding at the end the following:
`(5) The key management elements for monitoring, and for measuring the progress achieved in, the implementation of the plan, including--
`(A) the assignment of oversight responsibility for each action identified pursuant to paragraph (1);
`(B) a description of the resources required for oversight; and
`(C) an estimate of the annual cost of oversight.'.
(b) CONFORMING AMENDMENTS- (1) Subsection (a) of such section is amended by striking `Not later than' and all that follows through `Congress' and inserting `The Secretary of Defense shall prescribe and carry out'.
(2) Such section is further amended by adding at the end the following:
`(f) SUBMISSIONS TO CONGRESS- After the Secretary submits the plan to Congress (on a date not later than March 1, 1999), the Secretary shall submit to Congress any revisions to the plan that are required by any law enacted after October 17, 1998. The revisions so made shall be submitted not later than 180 days after the date of the enactment of the law requiring the revisions.'.
(3) Subsection (e)(1) of such section is amended by striking `submits the plan' and inserting `submits the initial plan'.
SEC. 364. PERFORMANCE OF EMERGENCY RESPONSE FUNCTIONS AT CHEMICAL WEAPONS STORAGE INSTALLATIONS.
(a) RESTRICTION ON CONVERSION- The Secretary of the Army may not convert to contractor performance the emergency response functions of any chemical weapons storage installation that, as of the date of the enactment of this Act, are performed for that installation by employees of the United States until the certification required by subsection (c) has been submitted in accordance with that subsection.
(b) COVERED INSTALLATIONS- For the purposes of this section, a chemical weapons storage installation is any installation of the Department of Defense on which lethal chemical agents or munitions are stored.
(c) CERTIFICATION REQUIREMENT- The Secretary of the Army shall certify in writing to the Committees on Armed Services of the Senate and the House of Representatives that, to ensure that there will be no lapse of capability to perform the chemical weapon emergency response mission at a chemical weapons storage installation during any transition to contractor performance of those functions at that installation, the plan for conversion of the performance of those functions--
(1) is consistent with the recommendation contained in General Accounting Office Report NSIAD-00-88, entitled `DoD Competitive Sourcing', dated March 2000; and
(2) provides for a transition to contractor performance of emergency response functions which ensures an adequate transfer of the relevant knowledge and expertise regarding chemical weapon emergency response to the contractor personnel.
SEC. 365. CONGRESSIONAL NOTIFICATION OF USE OF RADIO FREQUENCY SPECTRUM BY A SYSTEM ENTERING ENGINEERING AND MANUFACTURING DEVELOPMENT.
Before a decision is made to enter into the engineering and manufacturing development phase of a program for the acquisition of a system that is to use the radio frequency spectrum, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the following:
(1) The frequency or frequencies that the system will use.
(2) A statement of whether the Department of Defense is, or is to be, designated as the primary user of the particular frequency or frequencies.
(3) If not, the unique technical characteristics that make it necessary to use the particular frequency or frequencies.
(4) A description of the protections that the Department of Defense has been given to ensure that it will not incur costs as a result of current or future interference from other users of the particular frequency or frequencies.
SEC. 366. MONITORING OF VALUE OF PERFORMANCE OF DEPARTMENT OF DEFENSE FUNCTIONS BY WORKFORCES SELECTED FROM BETWEEN PUBLIC AND PRIVATE WORKFORCES.
(a) REQUIREMENT FOR A MONITORING SYSTEM- (1) Chapter 146 of title 10, United States Code, as amended by section 332(f), is further amended by adding at the end the following:
`Sec. 2476. Public-private workforce selections: system for monitoring value
`(a) SYSTEM FOR MONITORING PERFORMANCE- (1) The Secretary of Defense shall establish a system for monitoring the performance of functions of the Department of Defense that--
`(A) are performed by 50 or more employees of the department; and
`(B) have been subjected to a workforce review.
`(2) In this section, the term `workforce review', with respect to a function, is a review to determine whether the function should be performed by a workforce composed of Federal Government employees or by a private sector workforce, and includes any review for that purpose that is carried out under, or is associated with, the following:
`(A) Office of Management and Budget Circular A-76.
`(B) A strategic sourcing.
`(C) A base closure or realignment.
`(D) Any other reorganization, privatization, or reengineering of an organization.
`(b) PERFORMANCE MEASUREMENTS- The system for monitoring the performance of a function shall provide for the measurement of the costs and benefits resulting from the selection of one workforce over the other workforce pursuant to a workforce review, as follows:
`(2) The savings derived.
`(3) The value of the performance by the selected workforce measured against the costs of the performance of that function by the workforce performing the function as of the beginning of the workforce review, as the workforce then performing the function was organized.
`(c) ANNUAL REPORT- The Secretary shall submit to Congress, not later than February 1 of each fiscal year, a report on the measurable value of the performance during the preceding fiscal year of the functions that have been subjected to a workforce review, as determined under the monitoring system established under subsection (a). The report shall display the findings separately for each of the armed forces and for each Defense Agency.
`(d) CONSIDERATION IN PREPARATION OF FUTURE-YEARS DEFENSE PROGRAM- In preparing the future-years defense program under section 221 of this title, the Secretary of Defense shall, for the fiscal years covered by the program, estimate and take into account the costs to be incurred and the savings to be derived from the performance of functions by workforces selected in workforce reviews. The Secretary shall consider the results of the monitoring under this section in making the estimates.'.
(2) The table of sections at the beginning of such chapter, as amended by section 332(i)(2), is further amended by adding at the end the following:
`2476. Public-private workforce selections: system for monitoring value.'.
(b) CONTENT OF CONGRESSIONAL NOTIFICATION OF CONVERSIONS- Paragraph (1) of section 2461(c) of title 10, United States Code, is amended--
(1) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (F) and (G);
(2) by inserting after subparagraph (B), the following new subparagraph (C):
`(C) The Secretary's certification that the factors considered in the examinations performed under subsection (b)(3), and in the making of the decision to change performance, did not include any predetermined personnel constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees.'; and
(3) by inserting after subparagraph (D), as redesignated by paragraph (1), the following new subparagraph (E):
`(E) A statement of the potential economic effect of the change on each affected local community, as determined in the examination under subsection (b)(3)(B)(ii).'.
SEC. 367. SUSPENSION OF REORGANIZATION OF NAVAL AUDIT SERVICE.
The Secretary of the Navy shall cease any consolidations, involuntary transfers, buy-outs, or reductions in force of the workforce of auditors and administrative support personnel of the Naval Audit Service that are associated with the reorganization or relocation of the performance of the auditing functions of the Navy until 60 days after the date on which the Secretary submits to the congressional defense committees a report that sets forth in detail the Navy's plans and justification for the reorganization or relocation, as the case may be.
SEC. 368. INVESTMENT OF COMMISSARY TRUST REVOLVING FUND.
Section 2486 of title 10, United States Code, is amended--
(1) in subsection (g)(5), by striking `(5) In this subsection' and inserting `(i) COMMISSARY TRUST REVOLVING FUND DEFINED- In this section'; and
(2) by inserting after subsection (g)(4) the following:
`(h) INVESTMENT OF COMMISSARY TRUST REVOLVING FUND- The Secretary of Defense shall invest such portion of the commissary trust revolving fund as is not, in the judgment of the Secretary, required to meet current withdrawals. The investments shall be in public debt securities with maturities suitable to the needs of the fund, as determined by the Secretary, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income derived from the investments shall be credited to and form a part of the fund.'.
SEC. 369. ECONOMIC PROCUREMENT OF DISTILLED SPIRITS.
Subsection 2488(c) of title 10, United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 370. RESALE OF ARMOR-PIERCING AMMUNITION DISPOSED OF BY THE ARMY.
(a) RESTRICTION- (1) Chapter 443 of title 10, United States Code, is amended by adding at the end the following:
`Sec. 4688. Armor-piercing ammunition and components: condition on disposal
`(a) LIMITATION ON RESALE OR OTHER TRANSFER- Except as provided in subsection (b), whenever the Secretary of the Army carries out a disposal (by sale or otherwise) of armor-piercing ammunition, or a component of armor-piercing ammunition, the Secretary shall require as a condition of the disposal that the recipient agree in writing not to sell or otherwise transfer any of the ammunition (reconditioned or otherwise), or any armor-piercing component of that ammunition, to any purchaser in the United States other than a law enforcement or other governmental agency.
`(b) EXCEPTION- Subsection (a) does not apply to a transfer of a component of armor-piercing ammunition solely for the purpose of metal reclamation by means of a destructive process such as melting, crushing, or shredding.
`(c) SPECIAL RULE FOR NON-ARMOR-PIERCING COMPONENTS- A component of the armor-piercing ammunition that is not itself armor-piercing and is not subjected to metal reclamation as described in subsection (b) may not be used as a component in the production of new or remanufactured armor-piercing ammunition other than for sale to a law enforcement or other governmental agency or for a government-to-government sale or commercial export to a foreign government under the Arms Export Control Act.
`(d) DEFINITION- In this section, the term `armor-piercing ammunition' means a center-fire cartridge the military designation of which includes the term `armor penetrator' or `armor-piercing', including a center-fire cartridge designated as armor-piercing incendiary (API) or armor-piercing incendiary-tracer (API-T).'.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following:
`4688. Armor-piercing ammunition and components: condition on disposal.'.
(b) APPLICABILITY- Section 4688 of title 10, United States Code (as added by subsection (a)), shall apply with respect to any disposal of ammunition or components referred to in that section after the date of the enactment of this Act.
SEC. 371. DAMAGE TO AVIATION FACILITIES CAUSED BY ALKALI SILICA REACTIVITY.
(a) ASSESSMENT REQUIRED- The Secretary of Defense shall assess the damage caused to aviation facilities of the Department of Defense by alkali silica reactivity. In making the assessment, the Secretary shall review the department's aviation facilities throughout the world.
(b) DAMAGE PREVENTION AND MITIGATION PLAN- (1) Taking into consideration the assessment under subsection (a), the Secretary may develop and, during fiscal years 2001 through 2006, carry out a plan to prevent and mitigate damage to the aviation facilities of the Department of Defense as a result of alkali silica reactivity.
(2) A plan developed under paragraph shall provide for the following:
(A) Treatment of alkali silica reactivity in pavement and structures at a selected test site.
(B) The demonstration and deployment of technologies capable of mitigating alkali silica reactivity in hardened concrete structures and pavements.
(C) The promulgation of specific guidelines for appropriate testing and use of lithium salts to prevent alkali silica reactivity in new construction.
(c) DELEGATION OF AUTHORITY- The Secretary shall direct the Chief of Engineers of the Army and the Commander of the Naval Facilities Engineering Command to carry out the assessment required by subsection (a) and to develop and carry out the plan required by subsection (b).
(d) FUNDING- Of the amounts authorized to be appropriated under section 301, not more than $5,000,000 is available for carrying out this section.
SEC. 372. REAUTHORIZATION OF PILOT PROGRAM FOR ACCEPTANCE AND USE OF LANDING FEES CHARGED FOR USE OF DOMESTIC MILITARY AIRFIELDS BY CIVIL AIRCRAFT.
(a) REAUTHORIZATION- Subsection (a) of section 377 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1993; 10 U.S.C. 113 note) is amended as follows:
(1) by striking `1999 and 2000' and inserting `2001 through 2010'; and
(2) by striking the second sentence and inserting `The pilot program under this section may not be carried out after September 30, 2010.'.
(b) FEES COLLECTED- Subsection (b) of such section is amended to read as follows:
`(b) LANDING FEE DEFINED- For the purposes of this section, the term `landing fee' means any fee that is established under or in accordance with regulations of the military department concerned (whether prescribed in a fee schedule or imposed under a joint-use agreement) to recover costs incurred for use by civil aircraft of an airfield of the military department in the United States or in a territory or possession of the United States.'.
(c) USE OF PROCEEDS- Subsection (c) of such section is amended by striking `Amounts received for a fiscal year in payment of landing fees imposed under the pilot program for use of a military airfield' and inserting `Amounts received in payment of landing fees for use of a military airfield in a fiscal year of the pilot program'.
(d) REPORT- Subsection (d) of such section is amended--
(1) by striking `March 31, 2000,' and inserting `March 31, 2003,'; and
(2) by striking `December 31, 1999' and inserting `December 31, 2002'.
SEC. 373. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR SUPPORT PROVIDED AT JOHNSTON ATOLL.
(a) IN GENERAL- Chapter 949 of title 10, United States Code, is amended by adding at the end the following:
`Sec. 9783. Johnston Atoll: reimbursement for support provided to civil air carriers
`(a) AUTHORITY OF THE SECRETARY- The Secretary of the Air Force may, under regulations prescribed by the Secretary, require payment by a civil air carrier for support provided by the United States to the carrier at Johnston Atoll that is either--
`(1) requested by the civil air carrier; or
`(2) determined under the regulations as being necessary to accommodate the civil air carrier's use of Johnston Atoll.
`(b) AMOUNT OF CHARGES- Any amount charged an air carrier under subsection (a) for support shall be equal to the total amount of the actual costs to the United States of providing the support. The amount charged may not include any amount for an item of support that does not satisfy a condition described in paragraph (1) or (2) of subsection (a).
`(c) RELATIONSHIP TO LANDING FEES- No landing fee shall be charged an air carrier for a landing of an aircraft of the air carrier at Johnston Atoll if the air carrier is charged under subsection (a) for support provided to the air carrier.
`(d) DISPOSITION OF PAYMENTS- (1) Notwithstanding any other provision of law, amounts collected from an air carrier under this section shall be credited to appropriations available for the fiscal year in which collected, as follows:
`(A) For support provided by the Air Force, to appropriations available for the Air Force for operation and maintenance.
`(B) For support provided by the Army, to appropriations available for the Army for chemical demilitarization.
`(2) Amounts credited to an appropriation under paragraph (1) shall be merged with funds in that appropriation and shall be available, without further appropriation, for the purposes and period for which the appropriation is available.
`(e) DEFINITIONS- In this section:
`(1) The term `civil air carrier' means an air carrier (as defined in section 40101(a)(2) of title 49) that is issued a certificate of public convenience and necessity under section 41102 of such title.
`(2) The term `support' includes fuel, fire rescue, use of facilities, improvements necessary to accommodate use by civil air carriers, police, safety, housing, food, air traffic control, suspension of military operations on the island (including operations at the Johnston Atoll Chemical Agent Demilitarization System), repairs, and any other construction, services, or supplies.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
`9783. Johnston Atoll: reimbursement for support provided to civil air carriers.'.
SEC. 374. REVIEW OF COSTS OF MAINTAINING HISTORICAL PROPERTIES.
(a) REQUIREMENT FOR REVIEW- The Comptroller General of the United States shall conduct a review of the annual costs incurred by the Department of Defense to comply with the requirements of the National Historic Preservation Act (16 U.S.C. 470 et seq.).
(b) REPORT- Not later than February 28, 2001, the Comptroller General shall submit to the congressional defense committees a report on the results of the review. The report shall contain the following:
(1) For each military department and Defense Agency and for the Department of Defense in the aggregate, the cost for fiscal year 2000 and the projected costs for the ensuing 10 fiscal years.
(2) An analysis of the cost to maintain only those properties that qualified as historic properties under the National Historic Preservation Act when such Act was originally enacted.
(3) The accounts used for paying the costs of complying with the requirements of the National Historic Preservation Act.
(4) For each military department and Defense Agency, the identity of all properties that must be maintained in order to comply with the requirements of the National Historic Preservation Act.
SEC. 375. EXTENSION OF AUTHORITY TO SELL CERTAIN AIRCRAFT FOR USE IN WILDFIRE SUPPRESSION.
Section 2 of the Wildfire Suppression Aircraft Transfer Act of 1996 (Public Law 104-307) is amended--
(1) in subsection (a)(1) by striking `September 30, 2000' and inserting `September 30, 2005';
(2) by adding at the end of subsection (d)(1) the following: `After taking effect, the regulations shall be effective until the end of the period specified in subsection (a)(1).';
(3) in subsection (f), by striking `March 31, 2000' and inserting `March 31, 2005'.
SEC. 376. OVERSEAS AIRLIFT SERVICE ON CIVIL RESERVE AIR FLEET AIRCRAFT.
(a) IN GENERAL- Section 41106(a) of title 49, United States Code, is amended--
(1) by striking `GENERAL- (1) Except as provided in subsection (b),' and inserting `INTERSTATE TRANSPORTATION- (1) Except as provided in subsection (d),';
(2) in paragraph (1), by striking `of at least 31 days';
(3) by redesignating subsection (b) as subsection (d); and
(4) by inserting after subsection (a) the following:
`(b) TRANSPORTATION BETWEEN THE UNITED STATES AND FOREIGN LOCATIONS- Except as provided in subsection (d), the transportation of passengers or property by transport category aircraft between a place in the United States and a place outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service may be provided by an air carrier referred to in subsection (a).
`(c) TRANSPORTATION BETWEEN FOREIGN LOCATIONS- The transportation of passengers or property by transport category aircraft between two places outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier that has aircraft in the civil reserve air fleet whenever transportation by such an air carrier is reasonably available.'.
(b) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 2000.
SEC. 377. 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 that has been followed for the testing of the system, including the initial operational test and evaluation and the final operational 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.
(c) LIMITATIONS- (1) Not more than 25 percent of the amount authorized to be appropriated under section 301(5) for the Defense Travel System may be obligated or expended before the date on which the Secretary submits the report required under subsection (a).
(2) Funds appropriated for the Defense Travel System pursuant to the authorization of appropriations referred to in paragraph (1) may not be used for a purpose other than the Defense Travel System unless the Secretary first submits to Congress a written notification of the intended use and the amount to be so used.
SEC. 378. 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 the following:
(1) Whether any of the following conditions exist under the program:
(A) Obsolete spare parts, rather than spare parts for the latest aircraft configuration, are being procured.
(B) There is insufficient sustaining system technical support.
(C) The technical data packages and manuals are obsolete.
(D) There are unfunded requirements for airframe and component upgrades.
(2) Whether the readiness of the aircraft is impaired by conditions described in paragraph (1) that are determined to exist.
(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. 379. 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) GRANTS AUTHORIZED- Chapter 111 of title 10, United States Code, is amended--
(1) by redesignating section 2199 as section 2199a; and
(2) by inserting after section 2198 the following new section:
`Sec. 2199. Quality of life education facilities grants
`(a) REPAIR AND RENOVATION ASSISTANCE- (1) 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 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 $5,000,000 during any period of two fiscal years.
`(b) MAINTENANCE ASSISTANCE- (1) 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 any fiscal year.
`(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 satisfies at least one of the additional eligibility requirements specified in paragraph (2); or
`(B) a school facility that was a former Department of Defense domestic dependent elementary or secondary school, but assistance provided under this subparagraph may only be used to repair and renovate that facility.
`(2) The additional eligibility requirements referred to in paragraph (1) are the following:
`(A) 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.
`(B) 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.
`(C) The State education system and the local educational agency are one and the same.
`(d) NOTIFICATION OF ELIGIBILITY- Not later than June 30 of each fiscal year, the Secretary of Defense shall notify each local educational agency identified under subsection (c) that the local educational agency is eligible during that fiscal year 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 the same fiscal year.
`(f) GRANT CONSIDERATIONS- In determining which eligible local educational agencies will receive a grant under this section for a fiscal year, 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 a 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.
`(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 this title.'.
(b) AMENDMENTS TO CHAPTER HEADING AND TABLES OF CONTENTS- (1) The heading of chapter 111 of title 10, United States Code, is amended to read as follows:
`CHAPTER 111--SUPPORT OF EDUCATION'.
(2) The table of sections at the beginning of such chapter is amended by striking the item relating to section 2199 and inserting the following new items:
`2199. Quality of life education facilities grants.
(3) The tables of chapters at the beginning of subtitle A, and at the beginning of part III of subtitle A, of such title are amended by striking the item relating to chapter 111 and inserting the following:
2191'.
(c) FUNDING FOR FISCAL YEAR 2001- Amounts appropriated in the Department of Defense Appropriations Act, 2001, under the heading `QUALITY OF LIFE ENHANCEMENTS, DEFENSE' may be used by the Secretary of Defense to make grants under section 2199 of title 10, United States Code, as added by subsection (a).
SEC. 380. POSTPONEMENT OF IMPLEMENTATION OF DEFENSE JOINT ACCOUNTING SYSTEM (DJAS) PENDING ANALYSIS OF THE SYSTEM.
(a) POSTPONEMENT- The Secretary of Defense may not grant a Milestone III decision for the Defense Joint Accounting System (DJAS) until the Secretary--
(1) conducts, with the participation of the Inspector General of the Department of Defense and the inspectors general of the military departments, an analysis of alternatives to the system to determine whether the system warrants deployment; and
(2) if the Secretary determines that the system warrants deployment, submits to the congressional defense committees a report certifying that the system meets Milestone I and Milestone II requirements and applicable requirements of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106).
(b) DEADLINE FOR REPORT- The report referred to in subsection (a)(2) shall be submitted, if at all, not later than March 30, 2001.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2001, as follows:
(3) The Marine Corps, 172,600.
(4) The Air Force, 357,000.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2001, as follows:
(1) The Army National Guard of the United States, 350,088.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 88,900.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States, 108,022.
(6) The Air Force Reserve, 74,300.
(7) The Coast Guard Reserve, 8,500.
(b) ADJUSTMENTS- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--
(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized strengths of such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2001, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 22,974.
(2) The Army Reserve, 12,806.
(3) The Naval Reserve, 14,649.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,170.
(6) The Air Force Reserve, 1,278.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the last day of fiscal year 2001 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
(1) For the Army Reserve, 5,249.
(2) For the Army National Guard of the United States, 24,728.
(3) For the Air Force Reserve, 9,733.
(4) For the Air National Guard of the United States, 22,221.
SEC. 414. FISCAL YEAR 2001 LIMITATION ON NON-DUAL STATUS TECHNICIANS.
(a) LIMITATION- The number of non-dual status technicians employed by the reserve components of the Army and the Air Force as of September 30, 2001, may not exceed the following:
(1) For the Army Reserve, 1,195.
(2) For the Army National Guard of the United States, 1,600.
(3) For the Air Force Reserve, 0.
(4) For the Air National Guard of the United States, 326.
(b) NON-DUAL STATUS TECHNICIANS DEFINED- In this section, the term `non-dual status technician' has the meaning given the term in section 10217(a) of title 10, United States Code.
(c) POSTPONEMENT OF PERMANENT LIMITATION- Section 10217(c)(2) of title 10, United States Code, is amended by striking `October 1, 2001' and inserting `October 1, 2002'.
SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) OFFICERS- The table in section 12011(a) of title 10, United States Code, is amended to read as follows:
-----------------------------------------------------------------------------
`Grade Army Navy Air Force Marine Corps
-----------------------------------------------------------------------------
Major or Lieutenant Commander 3,227 1,071 898 140
Lieutenant Colonel or Commander 1,687 520 844 90
Colonel or Navy Captain 511 188 317 30'.
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(b) SENIOR ENLISTED MEMBERS- The table in section 12012(a) of title 10, United States Code, is amended to read as follows:
-----------------------------------------------
`Grade Army Navy Air Force Marine Corps
-----------------------------------------------
E-9 662 202 501 20
E-8 2,676 429 1,102 94'.
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Subtitle C--Other Matters Relating to Personnel Strengths
SEC. 421. SUSPENSION OF STRENGTH LIMITATIONS DURING WAR OR NATIONAL EMERGENCY.
(a) SENIOR ENLISTED MEMBERS- Section 517 of title 10, United States Code, is amended by adding at the end the following new subsection (c):
`(c) The Secretary of Defense may suspend the operation of this section in time of war or of national emergency declared by the Congress or by the President. Any suspension shall, if not sooner ended, end on the last day of the 2-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the 1-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. Title II of the National Emergencies Act (50 U.S.C. 1621-1622) shall not apply to an extension under this subsection.'.
(b) SENIOR AGR PERSONNEL- (1) Chapter 1201 of such title is amended by adding at the end the following:
`Sec. 12013. Authority to suspend sections 12011 and 12012
`The Secretary of Defense may suspend the operation of section 12011 or 12012 of this title in time of war or of national emergency declared by the Congress or by the President. Any suspension shall, if not sooner ended, end on the last day of the 2-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the 1-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. Title II of the National Emergencies Act (50 U.S.C. 1621-1622) shall not apply to an extension under this subsection.'.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following:
`12013. Authority to suspend sections 12011 and 12012.'.
SEC. 422. EXCLUSION OF CERTAIN RESERVE COMPONENT MEMBERS ON ACTIVE DUTY FOR MORE THAN 180 DAYS FROM ACTIVE COMPONENT END STRENGTHS.
Section 115(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(9) Members of reserve components (not described in paragraph (8)) on active duty for more than 180 days to perform special work in support of the armed forces (other than in support of the Coast Guard) and the combatant commands, except that the number of the members excluded under this paragraph may not exceed the number equal to two-tenths of one percent of the end strength authorized for active-duty personnel under subsection (a)(1)(A).'.
SEC. 423. EXCLUSION OF ARMY AND AIR FORCE MEDICAL AND DENTAL OFFICERS FROM LIMITATION ON STRENGTHS OF RESERVE COMMISSIONED OFFICERS IN GRADES BELOW BRIGADIER GENERAL.
Section 12005(a) of title 10, United States Code, is amended by adding at the end the following:
`(3) Medical officers and dental officers shall not be counted for the purposes of this subsection.'.
SEC. 424. AUTHORITY FOR TEMPORARY INCREASES IN NUMBER OF RESERVE PERSONNEL SERVING ON ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY IN CERTAIN GRADES.
(a) OFFICERS- Section 12011 of title 10, United States Code, is amended by adding at the end the following new subsection:
`(c) Upon increasing under subsection (c)(2) of section 115 of this title the end strength that is authorized under subsection (a)(1)(B) of that section for a fiscal year for active-duty personnel and full-time National Guard duty personnel of an armed force who are to be paid from funds appropriated for reserve personnel, the Secretary of Defense may increase for that fiscal year the limitation that is set forth in subsection (a) of this section for the number of officers of that armed force serving in any grade if the Secretary determines that such action is in the national interest. The percent of the increase may not exceed the percent by which the Secretary increases that end strength.'.
(b) ENLISTED PERSONNEL- Section 12012 of title 10, United States Code, is amended by adding at the end the following new subsection:
`(c) Upon increasing under subsection (c)(2) of section 115 of this title the end strength that is authorized under subsection (a)(1)(B) of that section for a fiscal year for active-duty personnel and full-time National Guard duty personnel of an armed force who are to be paid from funds appropriated for reserve personnel, the Secretary of Defense may increase for that fiscal year the limitation that is set forth in subsection (a) of this section for the number of enlisted members of that armed force serving in any grade if the Secretary determines that such action is in the national interest. The percent of the increase may not exceed the percent by which the Secretary increases that end strength.'.
SEC. 425. TEMPORARY EXEMPTION OF DIRECTOR OF THE NATIONAL SECURITY AGENCY FROM LIMITATIONS ON NUMBER OF AIR FORCE OFFICERS ABOVE MAJOR GENERAL.
Section 525(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(8) An Air Force officer while serving as Director of the National Security Agency is in addition to the number that would otherwise be permitted for the Air Force for officers serving on active duty in grades above major general under paragraph (1) and the number that would otherwise be permitted for the Air Force for officers serving on active duty in grades above brigadier general under subsection (a). This paragraph shall not be effective after September 30, 2005.'.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2001 a total of $75,632,266,000. The authorization in the preceding sentence supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2001.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. ELIGIBILITY OF ARMY RESERVE COLONELS AND BRIGADIER GENERALS FOR POSITION VACANCY PROMOTIONS.
Section 14315(b)(1) of title 10, United States Code, is amended by inserting after `(A) is assigned to the duties of a general officer of the next higher reserve grade in the Army Reserve' the following: `or is recommended for such an assignment under regulations prescribed by the Secretary of the Army'.
SEC. 502. PROMOTION ZONES FOR COAST GUARD RESERVE OFFICERS.
(a) FLEXIBLE AUTHORITY TO MEET COAST GUARD NEEDS- Section 729(d) of title 14, United States Code, is amended to read as follows:
`(d)(1) Before convening a selection board to recommend Reserve officers for promotion, the Secretary shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. The Secretary shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category.
`(2) Before convening a selection board to recommend Reserve officers for promotion to a grade above lieutenant (junior grade), the Secretary shall determine the maximum number of officers in that grade and competitive category that the board may recommend for promotion. The Secretary shall make the determination under the preceding sentence of the maximum number that may be recommended with a view to having in an active status a sufficient number of Reserve officers in each grade and competitive category to meet the needs of the Coast Guard for Reserve officers in an active status. In order to make that determination, the Secretary shall determine (A) the number of positions needed to accomplish mission objectives which require officers of such competitive category in the grade to which the board will recommend officers for promotion, (B) the estimated number of officers needed to fill vacancies in such positions during the period in which it is anticipated that officers selected for promotion will be promoted, (C) the number of officers authorized by the Secretary to serve in an active status in the grade and competitive category under consideration, and (D) any statutory limitation on the number of officers in any grade or category (or combination thereof) authorized to be in an active status.
`(3)(A) The Secretary may, when the needs of the Coast Guard require, authorize the consideration of officers in a grade above lieutenant (junior grade) for promotion to the next higher grade from below the promotion zone.
`(B) When selection from below the promotion zone is authorized, the Secretary shall establish the number of officers that may be recommended for promotion from below the promotion zone in each competitive category to be considered. That number may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to recommend for promotion in such competitive category, except that the Secretary may authorize a greater number, not to exceed 15 percent of the total number of officers that the board is authorized to recommend for promotion, if the Secretary determines that the needs of the Coast Guard so require. If the maximum number determined under this paragraph is less than one, the board may recommend one officer for promotion from below the promotion zone.
`(C) The number of officers recommended for promotion from below the promotion zone does not increase the maximum number of officers that the board is authorized to recommend for promotion under paragraph (2).'.
(b) RUNNING MATE SYSTEM- (1) Section 731 of such title is amended--
(A) by designating the text of such section as subsection (b);
(B) by inserting after the section heading the following:
`(a) AUTHORITY TO USE RUNNING MATE SYSTEM- The Secretary may by regulation implement section 729(d)(1) of this title by requiring that the promotion zone for consideration of Reserve officers in an active status for promotion to the next higher grade be determined in accordance with a running mate system as provided in subsection (b).';
(C) in subsection (b), as designated by subparagraph (A), by striking `Subject to the eligibility requirements of this subchapter, a Reserve officer shall' and inserting the following: `CONSIDERATION FOR PROMOTION- If promotion zones are determined as authorized under subsection (a), a Reserve officer shall, subject to the eligibility requirements of this subchapter,'; and
(D) by adding at the end the following:
`(c) CONSIDERATION OF OFFICERS BELOW THE ZONE- If the Secretary authorizes the selection of officers for promotion from below the promotion zone in accordance with section 729(d)(3) of this title, the number of officers to be considered from below the zone may be established through the application of the running mate system under this subchapter or otherwise as the Secretary determines to be appropriate to meet the needs of the Coast Guard.'.
(2)(A) The heading for such section is amended to read as follows:
`Sec. 731. Establishment of promotion zones: running mate system'.
(B) The item relating to such section in the table of sections at the beginning of chapter 21 of title 14, United States Code, is amended to read as follows:
`731. Establishment of promotion zones: running mate system.'.
(c) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on October 1, 2000, and shall apply with respect to selection boards convened under section 730 of title 14, United States Code, on or after that date.
SEC. 503. TIME FOR RELEASE OF OFFICER PROMOTION SELECTION BOARD REPORTS.
(a) ACTIVE-DUTY LIST OFFICER BOARDS- Section 618(e) of title 10, United States Code, is amended to read as follows:
`(e)(1) The names of the officers recommended for promotion in the report of a selection board may be disseminated to the armed force concerned as follows:
`(A) In the case of officers recommended for promotion to a grade below brigadier general or rear admiral (lower half), upon the transmittal of the report to the President.
`(B) In the case of officers recommended for promotion to a grade above colonel or, in the case of the Navy, captain, upon the approval of the report by the President.
`(C) In the case of officers whose names have not been sooner disseminated, upon confirmation by the Senate.
`(2) A list of names of officers disseminated under paragraph (1) may not include--
`(A) any name removed by the President from the report of the selection board containing that name, if dissemination is under the authority of subparagraph (B) of such paragraph; or
`(B) the name of any officer whose promotion the Senate failed to confirm, if dissemination is under the authority of subparagraph (C) of such paragraph.'.
(b) RESERVE ACTIVE-STATUS LIST OFFICER BOARDS- The text of section 14112 of title 10, United States Code, is amended to read as follows:
`(a) TIME FOR DISSEMINATION- The names of the officers recommended for promotion in the report of a selection board may be disseminated to the armed force concerned as follows:
`(1) In the case of officers recommended for promotion to a grade below brigadier general or rear admiral (lower half), upon the transmittal of the report to the President.
`(2) In the case of officers recommended for promotion to a grade above colonel or, in the case of the Navy, captain, upon the approval of the report by the President.
`(3) In the case of officers whose names have not been sooner disseminated, upon confirmation by the Senate.
`(b) NAMES NOT DISSEMINATED- A list of names of officers disseminated under subsection (a) may not include--
`(1) any name removed by the President from the report of the selection board containing that name, if dissemination is under the authority of paragraph (2) of such subsection; or
`(2) the name of any officer whose promotion the Senate failed to confirm, if dissemination is under the authority of paragraph (3) of such subsection.'.
SEC. 504. CLARIFICATION OF AUTHORITY FOR POSTHUMOUS COMMISSIONS AND WARRANTS.
Section 1521(a)(3) of title 10, United States Code, is amended to read as follows:
`(3) was officially recommended for appointment or promotion to a commissioned grade but died in line of duty before the appointment or promotion was approved by the Secretary concerned or before accepting the appointment or promotion.'.
SEC. 505. INAPPLICABILITY OF ACTIVE-DUTY LIST PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT AUTHORITIES TO RESERVE GENERAL AND FLAG OFFICERS SERVING IN CERTAIN POSITIONS DESIGNATED FOR RESERVE OFFICERS BY THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF.
Section 641(1)(B) of title 10, United States Code, is amended by inserting `526(b)(2)(A),' after `on active duty under section'.
SEC. 506. REVIEW OF ACTIONS OF SELECTION BOARDS.
(a) IN GENERAL- (1) Chapter 79 of title 10, United States Code, is amended by adding at the end the following:
`Sec. 1558. Exclusive remedies in cases involving selection boards
`(a) CORRECTION OF MILITARY RECORDS- The Secretary concerned may correct a person's military records in accordance with a recommendation made by a special board. Any such correction shall be effective, retroactively, as of the effective date of the action taken on a report of a previous selection board that resulted in the action corrected in the person's military records.
`(b) RELIEF ASSOCIATED WITH CORRECTIONS OF CERTAIN ACTIONS- (1) The Secretary concerned shall ensure that a person receives relief under paragraph (2) or (3), as the person may elect, if the person--
`(A) was separated or retired from an armed force, or transferred to the retired reserve or to inactive status in a reserve component, as a result of a recommendation of a selection board; and
`(B) becomes entitled to retention on or restoration to active duty or active status in a reserve component as a result of a correction of the person's military records under subsection (a).
`(2)(A) With the consent of a person referred to in paragraph (1), the person shall be retroactively and prospectively restored to the same status, rights, and entitlements (less appropriate offsets against back pay and allowances) in the person's armed force as the person would have had if the person had not been selected to be separated, retired, or transferred to the retired reserve or to inactive status in a reserve component, as the case may be, as a result of an action corrected under subsection (a). An action under this subparagraph is subject to subparagraph (B).
`(B) Nothing in subparagraph (A) shall be construed to permit a person to be on active duty or in an active status in a reserve component after the date on which the person would have been separated, retired, or transferred to the retired reserve or to inactive status in a reserve component if the person had not been selected to be separated, retired, or transferred to the retired reserve or to inactive status in a reserve component, as the case may be, in an action of a selection board that is corrected under subsection (a).
`(3) If the person does not consent to a restoration of status, rights, and entitlements under paragraph (2), the person shall receive back pay and allowances (less appropriate offsets) and service credit for the period beginning on the date of the person's separation, retirement, or transfer to the retired reserve or to inactive status in a reserve component, as the case may be, and ending on the earlier of--
`(A) the date on which the person would have been so restored under paragraph (2), as determined by the Secretary concerned; or
`(B) the date on which the person would otherwise have been separated, retired, or transferred to the retired reserve or to inactive status in a reserve component, as the case may be.
`(c) FINALITY OF UNFAVORABLE ACTION- If a special board makes a recommendation not to correct the military records of a person regarding action taken in the case of that person on the basis of a previous report of a selection board, the action previously taken on that report shall be considered as final as of the date of the action taken on that report.
`(d) REGULATIONS- (1) The Secretary concerned may prescribe regulations to carry out this section (other than subsection (e)) with respect to the armed force or armed forces under the jurisdiction of the Secretary.
`(2) The Secretary may prescribe in the regulations the circumstances under which consideration by a special board may be provided for under this section, including the following:
`(A) The circumstances under which consideration of a person's case by a special board is contingent upon application by or for that person.
`(B) Any time limits applicable to the filing of an application for consideration.
`(3) Regulations prescribed by the Secretary of a military department under this subsection shall be subject to the approval of the Secretary of Defense.
`(e) JUDICIAL REVIEW- (1) A person challenging for any reason the action or recommendation of a selection board, or the action taken by the Secretary concerned on the report of a selection board, is not entitled to relief in any judicial proceeding unless the person has first been considered by a special board under this section or the Secretary concerned has denied such consideration.
`(2) In reviewing an action or recommendation of a special board or an action of the Secretary concerned on the report of a special board, a court may hold unlawful and set aside the recommendation or action, as the case may be, only if the court finds that recommendation or action was contrary to law or involved a material error of fact or a material administrative error.
`(3) In reviewing a decision by the Secretary concerned to deny consideration by a special board in any case, a court may hold unlawful and set aside the decision only if the court finds the decision to be arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law.
`(f) EXCLUSIVITY OF REMEDIES- Notwithstanding any other provision of law, but subject to subsection (g), the remedies provided under this section are the only remedies available to a person for correcting an action or recommendation of a selection board regarding that person or an action taken on the report of a selection board regarding that person.
`(g) EXISTING JURISDICTION- (1) Nothing in this section limits the jurisdiction of any court of the United States under any provision of law to determine the validity of any statute, regulation, or policy relating to selection boards, except that, in the event that any such statute, regulation, or policy is held invalid, the remedies prescribed in this section shall be the sole and exclusive remedies available to any person challenging the recommendation of a special board on the basis of the invalidity.
`(2) Nothing in this section limits authority to correct a military record under section 1552 of this title.
`(h) INAPPLICABILITY TO COAST GUARD- This section does not apply to the Coast Guard when it is not operating as a service in the Navy.
`(i) DEFINITIONS- In this section:
`(1) The term `special board'--
`(A) means a board that the Secretary concerned convenes under any authority to consider whether to recommend a person for appointment, enlistment, reenlistment, assignment, promotion, retention, separation, retirement, or transfer to inactive status in a reserve component instead of referring the records of that person for consideration by a previously convened selection board which considered or should have considered that person;
`(B) includes a board for the correction of military or naval records convened under section 1552 of this title, if designated as a special board by the Secretary concerned; and
`(C) does not include a promotion special selection board convened under section 628 or 14502 of this title.
`(2) The term `selection board'--
`(A) means a selection board convened under section 573(c), 580, 580a, 581, 611(b), 637, 638, 638a, 14101(b), 14701, 14704, or 14705 of this title, and any other board convened by the Secretary concerned under any authority to recommend persons for appointment, enlistment, reenlistment, assignment, promotion, or retention in the armed forces or for separation, retirement, or transfer to inactive status in a reserve component for the purpose of reducing the number of persons serving in the armed forces; and
`(i) a promotion board convened under section 573(a), 611(a), or 14101(a) of this title;
`(iii) a special selection board convened under section 628 of this title; or
`(iv) a board for the correction of military records convened under section 1552 of this title.'.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following:
`1558. Exclusive remedies in cases involving selection boards .'.
(b) SPECIAL SELECTION BOARDS- Section 628 of such title is amended--
(1) by redesignating subsection (g) as subsection (j); and
(2) by inserting after subsection (f) the following:
`(g) LIMITATIONS OF OTHER JURISDICTION- No official or court of the United States may--
`(1) consider any claim based to any extent on the failure of an officer or former officer of the armed forces to be selected for promotion by a promotion board until--
`(A) the claim has been referred by the Secretary concerned to a special selection board convened under this section and acted upon by that board and the report of the board has been approved by the President; or
`(B) the claim has been rejected by the Secretary concerned without consideration by a special selection board; or
`(2) grant any relief on such a claim unless the officer or former officer has been selected for promotion by a special selection board convened under this section to consider the officer's claim and the report of the board has been approved by the President.
`(h) JUDICIAL REVIEW- (1) A court of the United States may review a determination by the Secretary concerned under subsection (a)(1) or (b)(1) not to convene a special selection board. If a court finds the determination to be arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law, it shall remand the case to the Secretary concerned, who shall provide for consideration of the officer or former officer by a special selection board under this section.
`(2) A court of the United States may review the action of a special selection board convened under this section on a claim of an officer or former officer and any action taken by the President on the report of the board. If a court finds that the action was contrary to law or involved a material error of fact or a material administrative error, it shall remand the case to the Secretary concerned, who shall provide for reconsideration of the officer or former officer by another special selection board.
`(i) EXISTING JURISDICTION- (1) Nothing in this section limits the jurisdiction of any court of the United States under any provision of law to determine the validity of any statute, regulation, or policy relating to selection boards, except that, in the event that any such statute, regulation, or policy is held invalid, the remedies prescribed in this section shall be the sole and exclusive remedies available to any person challenging the recommendation of a selection board on the basis of the invalidity.
`(2) Nothing in this section limits authority to correct a military record under section 1552 of this title.'.
(c) EFFECTIVE DATE AND APPLICABILITY- (1) The amendments made by this section shall take effect on the date of the enactment of this Act and, except as provided in paragraph (2), shall apply with respect to any proceeding pending on or after that date without regard to whether a challenge to an action of a selection board of any of the Armed Forces being considered in such proceeding was initiated before, on, or after that date.
(2) The amendments made by this section shall not apply with respect to any action commenced in a court of the United States before the date of the enactment of this Act.
SEC. 507. EXTENSION TO ALL AIR FORCE BIOMEDICAL SCIENCES OFFICERS OF AUTHORITY TO RETAIN UNTIL SPECIFIED AGE.
Section 14703(a)(3) of title 10, United States Code, is amended to read as follows:
`(3) the Secretary of the Air Force may, with the officer's consent, retain in an active status any reserve officer who is designated as a medical officer, dental officer, Air Force nurse, Medical Service Corps officer, biomedical sciences officer, or chaplain.'.
SEC. 508. TERMINATION OF APPLICATION REQUIREMENT FOR CONSIDERATION OF OFFICERS FOR CONTINUATION ON THE RESERVE ACTIVE-STATUS LIST.
Section 14701(a)(1) of title 10, United States Code, is amended by striking `Upon application, a reserve officer' and inserting `A reserve officer'.
SEC. 509. TECHNICAL CORRECTIONS RELATING TO RETIRED GRADE OF RESERVE COMMISSIONED OFFICERS.
(a) ARMY- Section 3961(a) of title 10, United States Code, is amended by striking `or for nonregular service under chapter 1223 of this title'.
(b) AIR FORCE- Section 8961(a) of title 10, United States Code, is amended by striking `or for nonregular service under chapter 1223 of this title'.
(c) EFFECTIVE DATE- The amendments made by subsections (a) and (b) shall apply to Reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion by a board convened under chapter 36 or 1403 of title 10, United States Code, or having been found qualified for Federal recognition in a higher grade under chapter 3 of title 32, United States Code, after October 1, 1996.
SEC. 510. GRADE OF CHIEFS OF RESERVE COMPONENTS AND DIRECTORS OF NATIONAL GUARD COMPONENTS.
(a) CHIEF OF ARMY RESERVE- Section 3038(c) of title 10, United States Code, is amended--
(1) by striking `major general' in the third sentence and inserting `lieutenant general'; and
(2) by striking the fourth sentence.
(b) CHIEF OF NAVAL RESERVE- Section 5143(c)(2) of such title is amended--
(1) by striking `rear admiral' in the first sentence and inserting `vice admiral'; and
(2) by striking the second sentence.
(c) CHIEF OF AIR FORCE RESERVE- Section 8038(c) of such title is amended--
(1) by striking `major general' in the third sentence and inserting `lieutenant general'; and
(2) by striking the fourth sentence.
(d) DIRECTORS IN THE NATIONAL GUARD BUREAU- Subparagraphs (A) and (B) of section 10506(a)(1) of such title are each amended by striking `the grade of major general or, if appointed to that position in accordance with section 12505(a)(2) of this title,'.
(e) COMMANDER, MARINE FORCES RESERVE- (1) Section 5144(c)(2) of such title is amended to read as follows:
`(2)(A) The Commander, Marine Forces Reserve, while so serving, has the grade of major general, without vacating the officer's permanent grade. An officer may, however, be assigned to the position of Commander, Marine Forces Reserve, in the grade of lieutenant general if appointed to that grade for service in that position by the President, by and with the advice and consent of the Senate. An officer may be recommended to the President for such an appointment if selected for appointment to that position in accordance with subparagraph (B).
`(B) An officer shall be considered to have been selected for appointment to the position of Commander, Marine Forces Reserve, in accordance with this subparagraph if--
`(i) the officer is recommended for that appointment by the Secretary of the Navy;
`(ii) the officer is determined by the Chairman of the Joint Chiefs of Staff, in accordance with criteria and as a result of a process established by the Chairman, to have significant joint duty experience; and
`(iii) the officer is recommended by the Secretary of Defense to the President for the appointment.'.
(2) Until October 1, 2002, the Secretary of Defense may, on a case-by-case basis, waive clause (ii) of section 5144(c)(2)(B) of title 10, United States Code (as added by paragraph (1)), with respect to the appointment of an officer to the position of Commander, Marine Forces Reserve, if in the judgment of the Secretary--
(A) the officer is qualified for service in the position; and
(B) the waiver is necessary for the good of the service.
(f) REPEAL OF SUPERSEDED AUTHORITY- (1) Section 12505 of title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 1213 of such title is amended by striking the item relating to section 12505.
(g) VICE CHIEF OF NATIONAL GUARD BUREAU- (1) The Secretary of Defense shall conduct a study of the advisability of increasing the grade authorized for the Vice Chief of the National Guard Bureau 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 authorized for the Vice Chief should be increased.
(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 increased to Lieutenant General.
(h) EFFECTIVE DATES- Subsection (g) shall take effect on the date of the enactment of this Act. Except for that subsection, this section and the amendments made by this section shall take effect on the earlier of--
(1) the date that is 90 days after the date of the enactment of this Act; or
SEC. 511. CONTINGENT EXEMPTION FROM LIMITATION ON NUMBER OF AIR FORCE OFFICERS SERVING ON ACTIVE DUTY IN GRADES ABOVE MAJOR GENERAL.
Section 525(b) of title 10, United States Code, is amended by adding at the end the following:
`(8) While an officer of the Army, Navy, or Marine Corps is serving as Commander in Chief of the United States Transportation Command, an officer of the Air Force, while serving as Commander of the Air Mobility Command, if serving in the grade of general, is in addition to the number that would otherwise be permitted for the Air Force for officers serving on active duty in grades above major general under paragraph (1).
`(9) While an officer of the Army, Navy, or Marine Corps is serving as Commander in Chief of the United States Space Command, an officer of the Air Force, while serving as Commander of the Air Force Space Command, if serving in the grade of general, is in addition to the number that would otherwise be permitted for the Air Force for officers serving on active duty in grades above major general under paragraph (1).'.
Subtitle B--Joint Officer Management
SEC. 521. JOINT SPECIALTY DESIGNATIONS AND ADDITIONAL IDENTIFIERS.
Section 661 of title 10, United States Code, is amended to read as follows:
`Sec. 661. Management policies for joint specialty officers
`(a) ESTABLISHMENT- The Secretary of Defense shall establish policies, procedures, and practices for the effective management of officers of the Army, Navy, Air Force, and Marine Corps on the active-duty list who are particularly trained in, and oriented toward, joint matters (as defined in section 668 of this title). Such officers shall be identified or designated (in addition to their principal military occupational specialty) in such manner as the Secretary of Defense directs. For purposes of this chapter, officers to be managed by such policies, procedures, and practices are those who have been designated under subsection (b) as joint specialty officers.
`(b) JOINT SPECIALTY OFFICER DESIGNATION- (1) The purpose for designation of officers as joint specialty officers is to provide a quickly identifiable group of officers who have the joint service experience and education in joint matters that are especially required for any particular organizational staff or joint task force operation.
`(2) To qualify for the joint specialty designation, an officer shall--
`(A) have successfully completed--
`(i) a program of education in residence at a joint professional military education school accredited as such by the Chairman of the Joint Chiefs of Staff; and
`(ii) a full tour of duty in a joint duty assignment; or
`(B) have successfully completed two full tours of duty in joint duty assignments.
`(3) The requirements set forth in paragraph (2)(A) may be satisfied in any sequence.
`(4) The Secretary of Defense shall prescribe the standards for characterizing the completion of a requirement under paragraph (2) as successful.
`(5) An officer may not be designated as a joint specialty officer unless qualified under paragraph (2).
`(c) ADDITIONAL IDENTIFIER- An officer designated as a joint specialty officer may be awarded an additional joint specialty identifier as directed by the Secretary under subsection (a).
`(d) WAIVER AUTHORITY FOR AWARD OF ADDITIONAL IDENTIFIER- (1) The Secretary of Defense may waive the applicability of a requirement for a qualification set forth in subsection (b) for a designation of a particular officer as a joint specialty officer upon the Secretary's determination that, by reason of unusual circumstances applicable in the officer's case, the officer has one or more qualifications that are comparable to the qualification waived.
`(2) The Secretary may grant a waiver for a general or flag officer under paragraph (1) only upon the Secretary's determination that it is necessary to do so in order to meet a critical need of the armed forces.
`(3) The Secretary may delegate authority under this subsection only to the Deputy Secretary of Defense or the Chairman of the Joint Chiefs of Staff.
`(4) The Secretary of the military department concerned may request a waiver under this subsection. A request shall include a full justification for the requested waiver on the basis of the criterion described in paragraph (1) and, in the case of a general or flag officer, the additional criterion described in paragraph (2).
`(e) GENERAL AND FLAG OFFICER POSITIONS- (1) The Secretary of Defense shall designate the joint duty assignments for general or flag officers that must be filled by joint specialty officers.
`(2) Only a joint specialty officer may be assigned to a joint duty assignment designated under paragraph (1).
`(3) The Secretary may waive the limitation in paragraph (2) if the Secretary determines that it is necessary to do so in the interest of national security.
`(f) JOINT PROFESSIONAL MILITARY EDUCATION SCHOOLS- The Chairman of the Joint Chiefs of Staff shall accredit as joint professional military education schools for the purposes of this chapter the schools that the Chairman determines as being qualified for the accreditation. A school may not be considered a joint professional military education school for any such purpose unless the school is so accredited.'.
SEC. 522. PROMOTION OBJECTIVES.
(a) OBJECTIVES- Section 662 of title 10, United States Code, is amended to read as follows:
`Sec. 662. Promotion policy objectives for joint officers
`(a) QUALIFICATIONS- The Secretary of Defense shall ensure that the qualifications of officers assigned to joint duty assignments and officers whose previous assignment was a joint duty assignment are such that those officers are expected, as a group, to be promoted to the next higher grade at a rate not less than the rate for officers of the same armed force in the same grade and competitive category who are serving on the headquarters staff of that armed force.
`(b) VALIDATION OF QUALIFICATIONS- (1) The Secretary of a military department shall validate the qualifications of officers under the jurisdiction of the Secretary for eligibility for joint duty assignments.
`(2) The Secretary shall ensure that, under the process prescribed under paragraph (3), an adequate number of the colonels or, in the case of the Navy, captains validated as qualified for joint duty assignments satisfy the requirements under section 619a of this title for promotion to brigadier general or rear admiral (lower half), respectively.
`(3) The Secretary shall prescribe the process for validating qualifications of officers under the jurisdiction of the Secretary in accordance with this subsection.
`(c) CONSIDERATION OF JOINT SPECIALTY OFFICERS- (1) The Secretary of Defense shall prescribe policies for ensuring that joint specialty officers eligible for consideration for promotion are appropriately considered for promotion.
`(2) The policies shall require the following:
`(A) That at least one member of a board convened for the selection of officers for promotion to a grade above major or, in the case of the Navy, lieutenant commander is serving in a joint duty assignment and has been approved by the Chairman of the Joint Chiefs of Staff for appointment to membership on that board.
`(B) That the Chairman of the Joint Chiefs of Staff has the opportunity to review the report of each promotion selection board referred to in subparagraph (A), and to submit comments on the report to the Secretary of Defense and the Secretary of the military department concerned, before the Secretary of that military department takes action on the report.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 38 of title 10, United States Code, is amended by striking the item relating to section 662 and inserting the following:
`662. Promotion policy objectives for joint officers.'.
SEC. 523. EDUCATION.
(a) OFFICERS ELIGIBLE FOR WAIVER OF CAPSTONE COURSE REQUIREMENT- Subsection (a)(1)(C) of section 663 of title 10, United States Code, is amended by striking `scientific and technical qualifications' and inserting `career field specialty qualifications'.
(b) REPEAL OF REQUIREMENT FOR POST-EDUCATION JOINT DUTY ASSIGNMENT- Such section is further amended by striking subsection (d).
SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENT.
(a) IN GENERAL- Section 664 of title 10, United States Code, is amended--
(1) by striking subsections (a) through (h);
(2) by redesignating subsection (i) as subsection (f); and
(3) by inserting after the section heading the following:
`(a) IN GENERAL- The length of a joint duty assignment at an installation or other place of duty shall be equivalent to the standard length of the assignments (other than joint duty assignments) of officers at that installation or other place of duty.
`(b) WAIVER AUTHORITY- The Secretary of Defense may waive the requirement in subsection (a) for the length of a joint duty assignment in the case of any officer upon a determination by the Secretary that the waiver is critical in the case of that specific officer for meeting military personnel management requirements.
`(c) CURTAILMENT OF ASSIGNMENT- The Secretary of Defense may, upon the request of the Secretary of the military department concerned, authorize a curtailment of a joint duty assignment of more than two years for an officer who has served in that assignment for at least two years.
`(d) FULL TOUR OF DUTY- Subject to subsection (e), an officer shall be considered to have completed a full tour of duty in a joint duty assignment upon the completion of service performed in a grade not lower than major or, in the case of the Navy, lieutenant commander, as follows:
`(1) Service in a joint duty assignment that meets the standard set forth in subsection (a).
`(2) Service in a joint duty assignment under the circumstances described in subsection (c).
`(3) Cumulative service in one or more joint task force headquarters that is substantially equivalent to a standard length of assignment determined under subsection (a).
`(4) Service in a joint duty assignment with respect to which the Secretary of Defense has granted a waiver under subsection (b), but only in a case in which the Secretary directs that the service completed by the officer in that duty assignment be considered to be a full tour of duty in a joint duty assignment.
`(5) Service in a second joint duty assignment that is less than the period required under subsection (a), but is not less than two years, without regard to whether a waiver was granted for such assignment under subsection (b).'.
(b) JOINT DUTY CREDIT FOR CERTAIN JOINT TASK FORCE ASSIGNMENTS- Subsection (f) of such section, as redesignated by subsection (a)(2), is amended--
(1) in paragraph (4)(B), by inserting before the period at the end the following: `, except that cumulative service of less than one year in more than one such assignment in the headquarters of a joint task force may not be credited';
(2) in paragraph (4)(E)--
(A) by striking `combat or combat-related'; and
(B) by inserting before the period at the end the following: `, as approved by the Secretary of Defense';
(3) in paragraph (5), by striking `any of the following provisions of this title:' and all that follows and inserting `section 662 of this title or paragraph (2), (4), or (7) of section 667(a) of this title.'; and
(4) by striking paragraph (6).
SEC. 525. ANNUAL REPORT TO CONGRESS.
Section 667 of title 10, United States Code, is amended by striking paragraph (1) and all that follows and inserting the following:
`(1) The number of joint specialty officers, reported by grade and by branch or specialty.
`(2) An assessment of the extent to which the Secretary of each military department is assigning personnel to joint duty assignments in accordance with this chapter and the policies, procedures, and practices established by the Secretary of Defense under section 661(a) of this title.
`(3) The number of waivers granted under section 619a(b)(1) of this title for officers in the grade of colonel or, in the case of the Navy, captain for each of the years preceding the year in which the report is submitted.
`(4) The officers whose service in joint duty assignments during the year covered by the report terminated before the officers completed the full tour of duty in those assignments, expressed as a percent of the total number of officers in joint duty assignments during that year.
`(5) The percentage of fill of student quotas for each course of the National Defense University for the year covered by the report.
`(6) A list of the joint task force headquarters in which service was approved for crediting as a joint duty assignment for the year covered by the report.
`(7) The following comparisons:
`(i) the promotion rates for officers who are officers serving in joint duty assignments or officers whose previous assignment was a joint duty assignment and were considered for promotion within the promotion zone, with
`(ii) the promotion rates for other officers in the same grade and the same competitive category who are serving on the headquarters staff of the armed force concerned and were considered for promotion within the promotion zone.
`(i) the promotion rates for officers who are officers serving in joint duty assignments or officers whose previous assignment was a joint duty assignment and were considered for promotion from above the promotion zone, with
`(ii) the promotion rates for other officers in the same grade and the same competitive category who are serving on the headquarters staff of the armed force concerned and were considered for promotion from above the promotion zone.
`(i) the promotion rates for officers who are officers serving in joint duty assignments or officers whose previous assignment was a joint duty assignment and were considered for promotion from below the promotion zone, with
`(ii) the promotion rates for other officers in the same grade and the same competitive category who are serving on the headquarters staff of the armed force concerned and were considered for promotion from below the promotion zone.
`(8) If any of the comparisons in paragraph (7) indicate that the promotion rates for officers referred to in subparagraph (A)(i), (B)(i), or (C)(i) of such paragraph fail to meet the objective set forth in section 662(a) of this title, information on the failure and on what action the Secretary has taken or plans to take to prevent further failures.
`(9) Any other information relating to joint officer management that the Secretary of Defense considers significant.'.
SEC. 526. MULTIPLE ASSIGNMENTS CONSIDERED AS SINGLE JOINT DUTY ASSIGNMENT.
(a) DEFINITION OF JOINT DUTY ASSIGNMENT- Subsection (b) of section 668 of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new paragraph (2):
`(2) An assignment not qualifying as a joint duty assignment within the definition prescribed under paragraph (1) shall be treated as a joint duty assignment for the purposes of this subchapter if the assignment is considered under subsection (c)(2) as part of a single tour of duty in a joint duty assignment.'.
(b) MULTIPLE ASSIGNMENTS CONSIDERED AS SINGLE TOUR OF DUTY- Subsection (c) of such section is amended to read as follows:
`(c) MULTIPLE ASSIGNMENTS CONSIDERED AS SINGLE TOUR OF DUTY- For purposes of this chapter, service in more than one assignment shall be considered to be a single tour of duty in a joint duty assignment, as follows:
`(1) Continuous service in two or more consecutive joint duty assignments, as defined under subsection (b)(1).
`(2) Continuous service, in any order, in--
`(A) at least one joint duty assignment, as defined under subsection (b)(1); and
`(B) one or more assignments not satisfying the definition prescribed under subsection (b)(1) but involving service that provides significant experience in joint matters, as determined under policies prescribed by the Secretary of Defense under section 661(a) of this title.'.
SEC. 527. JOINT DUTY REQUIREMENT FOR PROMOTION TO ONE-STAR GRADES.
Section 619a of title 10, United States Code, is amended--
(1) in subsection (a), by striking `section 664(f)' and inserting `section 664(d); and
(A) in paragraph (2), by striking `scientific and technical qualifications' and inserting `career field specialty qualifications'; and
(B) in paragraph (4), by striking `if--' and all that follows and inserting a period.
Subtitle C--Education and Training
SEC. 541. ELIGIBILITY OF CHILDREN OF RESERVES FOR PRESIDENTIAL APPOINTMENT TO SERVICE ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY- Section 4342(b)(1) of title 10, United States Code, is amended--
(1) in subparagraph (B), by striking `, other than those granted retired pay under section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)'; and
(2) by inserting after subparagraph (B) the following:
`(C) are serving as members of reserve components and are credited with at least eight years of service computed under section 12733 of this title; or
`(D) would be, or who died while they would have been, entitled to retired pay under chapter 1223 of this title except for not having attained 60 years of age;'.
(b) UNITED STATES NAVAL ACADEMY- Section 6954(b)(1) of such title is amended--
(1) in subparagraph (B), by striking `, other than those granted retired pay under section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)'; and
(2) by inserting after subparagraph (B) the following:
`(C) are serving as members of reserve components and are credited with at least eight years of service computed under section 12733 of this title; or
`(D) would be, or who died while they would have been, entitled to retired pay under chapter 1223 of this title except for not having attained 60 years of age;'.
(c) UNITED STATES AIR FORCE ACADEMY- Section 9342(b)(1) of such title is amended--
(1) in subparagraph (B), by striking `, other than those granted retired pay under section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)'; and
(2) by inserting after subparagraph (B) the following:
`(C) are serving as members of reserve components and are credited with at least eight years of service computed under section 12733 of this title; or
`(D) would be, or who died while they would have been, entitled to retired pay under chapter 1223 of this title except for not having attained 60 years of age;'.
SEC. 542. SELECTION OF FOREIGN STUDENTS TO RECEIVE INSTRUCTION AT SERVICE ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY- Section 4344(a) of title 10, United States Code, is amended by adding at the end the following:
`(3) In selecting persons to receive instruction under this section from among applicants from the countries approved under paragraph (2), the Secretary shall give a priority to persons who have a national service obligation to their countries upon graduation from the Academy.'.
(b) UNITED STATES NAVAL ACADEMY- Section 6957(a) of such title is amended by adding at the end the following:
`(3) In selecting persons to receive instruction under this section from among applicants from the countries approved under paragraph (2), the Secretary shall give a priority to persons who have a national service obligation to their countries upon graduation from the Academy.'.
(c) UNITED STATES AIR FORCE ACADEMY- Section 9344(a) of such title is amended by adding at the end the following:
`(3) In selecting persons to receive instruction under this section from among applicants from the countries approved under paragraph (2), the Secretary shall give a priority to persons who have a national service obligation to their countries upon graduation from the Academy.'.
(d) EFFECTIVE DATE AND APPLICABILITY- This section and the amendments made by this section shall take effect on October 1, 2000, and shall apply with respect to academic years that begin after that date.
SEC. 543. REPEAL OF CONTINGENT FUNDING INCREASE FOR JUNIOR RESERVE OFFICERS TRAINING CORPS.
(a) REPEAL- (1) Section 2033 of title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 102 of such title is amended by striking the item relating to section 2033.
(b) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on October 1, 2000.
SEC. 544. REVISION OF AUTHORITY FOR MARINE CORPS PLATOON LEADERS CLASS TUITION ASSISTANCE PROGRAM.
(a) ELIGIBILITY OF OFFICERS- Section 16401 of title 10, United States Code, is amended--
(1) in subsection (a), by striking `enlisted' in the matter preceding paragraph (1); and
(2) in subsection (b)(1)--
(A) by striking `an enlisted member' in the matter preceding subparagraph (A) and inserting `a member'; and
(B) by striking `an officer candidate in' in subparagraph (A) and inserting `a member of'.
(b) REPEAL OF AGE LIMITATIONS- Subsection (b) of such section is amended--
(A) by striking subparagraph (B);
(B) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and
(C) in subparagraph (C), as so redesignated, by striking `paragraph (3)' and inserting `paragraph (2)';
(2) by striking subparagraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2), as so redesignated, by striking `paragraph (1)(D)' and inserting `paragraph (1)(C)'.
(c) CANDIDATES FOR LAW DEGREES- Subsection (a)(2) of such section is amended by striking `three' and inserting `four'.
(d) INAPPLICABILITY OF SANCTION TO OFFICERS- Subsection (f)(1) of such section is amended by striking `A member' and inserting `An enlisted member'.
(e) AMENDMENTS OF HEADINGS- (1) The heading for such section is amended to read as follows:
`Sec. 16401. Marine Corps Platoon Leaders Class tuition assistance program'.
(2) The heading for subsection (a) of such section is amended by striking `FOR FINANCIAL ASSISTANCE PROGRAM'.
(f) CLERICAL AMENDMENT- The item relating to such section in the table of chapters at the beginning of chapter 1611 of title 10, United States Code, is amended to read as follows:
`16401. Marine Corps Platoon Leaders Class tuition assistance program.'.
Subtitle D--Matters Relating to Recruiting
SEC. 551. ARMY RECRUITING PILOT PROGRAMS.
(a) REQUIREMENT FOR PROGRAMS- The Secretary of the Army shall carry out pilot programs to test various recruiting approaches under this section for the following purposes:
(1) To assess the effectiveness of the recruiting approaches for creating enhanced opportunities for recruiters to make direct, personal contact with potential recruits.
(2) To improve the overall effectiveness and efficiency of Army recruiting activities.
(b) OUTREACH THROUGH MOTOR SPORTS- (1) One of the pilot programs shall be a pilot program of public outreach that associates the Army with motor sports competitions to achieve the objectives set forth in paragraph (2).
(2) The events and activities undertaken under the pilot program shall be designed to provide opportunities for Army recruiters to make direct, personal contact with high school students to achieve the following objectives:
(A) To increase enlistments by students graduating from high school.
(B) To reduce attrition in the Delayed Entry Program of the Army by sustaining the personal commitment of students who have elected delayed entry into the Army under the program.
(3) Under the pilot program, the Secretary shall provide for the following:
(A) For Army recruiters or other Army personnel--
(i) to organize Army sponsored career day events in association with national motor sports competitions; and
(ii) to arrange for or encourage attendance at the competitions by high school students, teachers, guidance counselors, and administrators of high schools located near the competitions.
(B) For Army recruiters and other soldiers to attend national motor sports competitions--
(i) to display exhibits depicting the contemporary Army and career opportunities in the Army; and
(ii) to discuss those opportunities with potential recruits.
(C) For the Army to sponsor a motor sports racing team as part of an integrated program of recruitment and publicity for the Army.
(D) For the Army to sponsor motor sports competitions for high school students at which recruiters meet with potential recruits.
(E) For Army recruiters or other Army personnel to compile in an Internet accessible database the names, addresses, telephone numbers, and electronic mail addresses of persons who are identified as potential recruits through activities under the pilot program.
(F) Any other activities associated with motor sports competition that the Secretary determines appropriate for Army recruitment purposes.
(c) OUTREACH AT VOCATIONAL SCHOOLS AND COMMUNITY COLLEGES- (1) One of the pilot programs shall be a pilot program under which Army recruiters are assigned at postsecondary vocational institutions and community colleges for the purpose of recruiting students graduating from those institutions and colleges, recent graduates of those institutions and colleges, and students withdrawing from enrollments in those institutions and colleges.
(2) The Secretary shall select the institutions and colleges to be invited to participate in the pilot program.
(3) The conduct of the pilot program at an institution or college shall be subject to an agreement which the Secretary shall enter into with the governing body or authorized official of the institution or college, as the case may be.
(4) Under the pilot program, the Secretary shall provide for the following:
(A) For Army recruiters to be placed in postsecondary vocational institutions and community colleges to serve as a resource for guidance counselors and to recruit for the Army.
(B) For Army recruiters to recruit from among students and graduates described in paragraph (1).
(C) For the use of telemarketing, direct mail, interactive voice response systems, and Internet website capabilities to assist the recruiters in the postsecondary vocational institutions and community colleges.
(D) For any other activities that the Secretary determines appropriate for recruitment activities in postsecondary vocational institutions and community colleges.
(5) In this subsection, the term `postsecondary vocational institution' has the meaning given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)).
(d) CONTRACT RECRUITING INITIATIVES- (1) One of the pilot programs shall be a program that expands in accordance with this subsection the scope of the Army's contract recruiting initiatives that are ongoing as of the date of the enactment of this Act. Under the pilot program, the Secretary shall select at least five recruiting battalions to apply the initiatives in efforts to recruit personnel for the Army.
(2) Under the pilot program, the Secretary shall provide for the following:
(A) For replacement of the Regular Army recruiters by contract recruiters in the five recruiting battalions selected under paragraph (1).
(B) For operation of the five battalions under the same rules and chain of command as the other Army recruiting battalions.
(C) For use of the offices, facilities, and equipment of the five battalions by the contract recruiters.
(D) For reversion to performance of the recruiting activities by Regular Army soldiers in the five battalions upon termination of the pilot program.
(E) For any other uses of contractor personnel for Army recruiting activities that the Secretary determines appropriate.
(e) DURATION OF PILOT PROGRAMS- The pilot programs required by this section shall be carried out during the period beginning on October 1, 2000, and, subject to subsection (f), ending on December 31, 2005.
(f) AUTHORITY TO EXPAND OR EXTEND PILOT PROGRAMS- The Secretary may expand the scope of any of the pilot programs (under subsection (b)(3)(F), (c)(4)(D), (d)(2)(E), or otherwise) or extend the period for any of the pilot programs. Before doing so in the case of a pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification of the expansion of the pilot program (together with the scope of the expansion) or the continuation of the pilot program (together with the period of the extension), as the case may be.
(g) RELATIONSHIP TO OTHER LAW- The Secretary may exercise the authority to carry out a pilot program under this section without regard to any other provision of law that, except for this subsection, would otherwise restrict the actions taken by the Secretary under that authority.
(h) REPORTS- Not later than February 1, 2006, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a separate report on each of the pilot programs carried out under this section. The report on a pilot program shall include the following:
(1) The Secretary's assessment of the value of the actions taken in the administration of the pilot program for increasing the effectiveness and efficiency of Army recruiting.
(2) Any recommendations for legislation or other action that the Secretary considers appropriate to increase the effectiveness and efficiency of Army recruiting.
SEC. 552. ENHANCEMENT OF THE JOINT AND SERVICE RECRUITMENT MARKET RESEARCH AND ADVERTISING PROGRAMS.
The Secretary of Defense shall take appropriate actions to enhance the effectiveness of the Joint and Service Recruiting and Advertising Programs through an aggressive program of advertising and market research targeted to prospective recruits for the Armed Forces and to persons who influence prospective recruits. Chapter 35 of title 44, United States Code, shall not apply to actions taken under this section.
SEC. 553. ACCESS TO SECONDARY SCHOOLS FOR MILITARY RECRUITING PURPOSES.
(a) REQUIREMENT FOR ACCESS- Section 503(c) of title 10, United States Code, is amended to read as follows:
`(c) ACCESS TO SECONDARY SCHOOLS- (1) Each local educational agency shall provide to the Department of Defense, upon a request made for military recruiting purposes, the same access to secondary school students, and to directory information concerning such students, as is provided generally to post-secondary educational institutions or to prospective employers of those students, except as provided in paragraph (5).
`(2) If a local educational agency denies a request for recruiting access that must be granted under paragraph (1), the Secretary of the military department for which the request is made shall designate a general or flag officer of the armed force concerned or a senior executive of that military department to visit the local educational agency for the purpose of arranging for recruiting access. The designated officer or senior executive shall make the visit within 120 days after the date of the denial of the request.
`(3) Upon a determination by the Secretary of Defense that, after the actions under paragraph (2) have been taken with respect to a local educational agency, the agency continues to deny recruiting access, the Secretary shall transmit to the Chief Executive of the State in which the local educational agency is located a notification of the denial of access and a request for assistance in obtaining the requested access. The notification shall be transmitted within 60 days after the date of the determination. The Secretary shall provide copies of communications between the Secretary and a Chief Executive under this subparagraph to the Secretary of Education.
`(4) If a local educational agency continues to deny recruiting access one year after the date of the transmittal of a notification regarding that agency under paragraph (3), the Secretary shall--
`(A) determine whether the agency denies recruiting access to at least two of the armed forces (other than the Coast Guard when it is not operating as a service in the Navy); and
`(B) upon making an affirmative determination under subparagraph (A), transmit a notification of the denial of recruiting access to--
`(i) the Committees on Armed Services of the Senate and the House of Representatives;
`(ii) the Senators of the State in which the local educational agency operates; and
`(iii) the member of the House of Representatives who represents the district in which the local educational agency operates.
`(5) The requirements of this subsection do not apply to a local educational agency with respect to access to secondary school students or access to directory information concerning such students during any period that there is in effect a policy of the agency, established by majority vote of the governing body of the agency, to deny access to the students or to the directory information, respectively, for military recruiting purposes.
`(A) The term `local educational agency' includes a private secondary educational institution.
`(B) The term `recruiting access' means access requested as described in paragraph (1).
`(C) The term `senior executive' has the meaning given that term in section 3132(a)(3) of title 5.
`(D) The term `State' includes the District of Columbia, American Samoa, the Federated States of Micronesia, Guam, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Republic of Palau, and the United States Virgin Islands.'.
(b) TECHNICAL AMENDMENTS- Section 503 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting `RECRUITING CAMPAIGNS- ' after `(a)';
(2) in subsection (b), by inserting `COMPILATION OF DIRECTORY INFORMATION- ' after `(b)'; and
(3) in subsection (c), by inserting `ACCESS TO SECONDARY SCHOOLS- ' after `(c)'.
(c) EFFECTIVE DATES- (1) The amendment made by subsection (a) shall take effect on July 1, 2002.
(2) The amendments made by subsection (b) shall take effect on the date of the enactment of this Act.
Subtitle E--Military Voting Rights Act of 2000
SEC. 561. SHORT TITLE.
This subtitle may be cited as the `Military Voting Rights Act of 2000'.
SEC. 562. GUARANTEE OF RESIDENCY.
Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. 700 et seq.) is amended by adding at the end the following:
`SEC. 704. (a) For purposes of voting for an office of the United States or of a State, a person who is absent from a State in compliance with military or naval orders shall not, solely by reason of that absence--
`(1) be deemed to have lost a residence or domicile in that State;
`(2) be deemed to have acquired a residence or domicile in any other State; or
`(3) be deemed to have become resident in or a resident of any other State.
`(b) In this section, the term `State' includes a territory or possession of the United States, a political subdivision of a State, territory, or possession, and the District of Columbia.'.
SEC. 563. STATE RESPONSIBILITY TO GUARANTEE MILITARY VOTING RIGHTS.
(a) REGISTRATION AND BALLOTING- Section 102 of the Uniformed and Overseas Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
(1) by inserting `(a) ELECTIONS FOR FEDERAL OFFICES- ' before `Each State shall--'; and
(2) by adding at the end the following:
`(b) ELECTIONS FOR STATE AND LOCAL OFFICES- Each State shall--
`(1) permit absent uniformed services voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and run-off elections for State and local offices; and
`(2) accept and process, with respect to any election described in paragraph (1), any otherwise valid voter registration application from an absent uniformed services voter if the application is received by the appropriate State election official not less than 30 days before the election.'.
(b) CONFORMING AMENDMENT- The heading for title I of such Act is amended by striking out `FOR FEDERAL OFFICE'.
Subtitle F--Other Matters
SEC. 571. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO CERTAIN SPECIFIED PERSONS.
(a) INAPPLICABILITY OF TIME LIMITATIONS- Notwithstanding the time limitations in section 3744(b) of title 10, United States Code, or any other time limitation, the President may award the Medal of Honor under section 3741 of such title to the persons specified in subsection (b) for the acts specified in that subsection, the award of the Medal of Honor to such persons having been determined by the Secretary of the Army to be warranted in accordance with section 1130 of such title.
(b) PERSONS ELIGIBLE TO RECEIVE THE MEDAL OF HONOR- The persons referred to in subsection (a) are the following:
(1) Ed W. Freeman, for conspicuous acts of gallantry and intrepidity at the risk of his life and beyond the call of duty on November 14, 1965, as flight leader and second-in-command of a helicopter lift unit at landing zone X-Ray in the Battle of the Ia Drang Valley, Republic of Vietnam, during the Vietnam War, while serving in the grade of Captain in Alpha Company, 229th Assault Helicopter Battalion, 101st Cavalry Division (Airmobile).
(2) James K. Okubo, for conspicuous acts of gallantry and intrepidity at the risk of his life and beyond the call of duty on October 28 and 29, and November 4, 1944, at Foret Domaniale de Champ, near Biffontaine, France, during World War II, while serving as an Army medic in the grade of Technician Fifth Grade in the medical detachment, 442d Regimental Combat Team.
(3) Andrew J. Smith, for conspicuous acts of gallantry and intrepidity at the risk of his life and beyond the call of duty on November 30, 1864, in the Battle of Honey Hill, South Carolina, during the Civil War, while serving as a corporal in the 55th Massachusetts Voluntary Infantry Regiment.
(c) POSTHUMOUS AWARD- The Medal of Honor may be awarded under this section posthumously, as provided in section 3752 of title 10, United States Code.
(d) PRIOR AWARD- The Medal of Honor may be awarded under this section for service for which a Silver Star, or other award, has been awarded.
SEC. 572. 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. 573. INELIGIBILITY FOR INVOLUNTARY SEPARATION PAY UPON DECLINATION OF SELECTION FOR CONTINUATION ON ACTIVE DUTY.
(a) INELIGIBILITY- Section 1174(a)(1) of title 10, United States Code, is amended--
(1) by inserting `, 637(a)(4),' after `section 630(1)(A)'; and
(2) by inserting `(except under section 580(e)(2))' after `section 580'.
(b) EFFECTIVE DATE AND APPLICABILITY- The amendments made by subsection (a) shall take effect on October 1, 2000, and shall apply with respect to discharges and retirements from active duty that take effect under section 580(e)(2) or 637(a)(4) of title 10, United States Code, on or after that date.
SEC. 574. 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. 575. SENSE OF CONGRESS ON THE COURT-MARTIAL CONVICTION OF CAPTAIN CHARLES BUTLER McVAY, COMMANDER OF THE U.S.S. INDIANAPOLIS, AND ON THE COURAGEOUS SERVICE OF ITS CREW.
(a) FINDINGS- Congress makes the following findings:
(1) Shortly after midnight on the morning of July 30, 1945, the United States Navy heavy cruiser U.S.S. Indianapolis (CA-35) was torpedoed and sunk by the Japanese submarine I-58 in what became the worst sea disaster in the history of the United States Navy.
(2) Although approximately 900 of the ship's crew of 1,196 survived the actual sinking, only 316 of those courageous sailors survived when rescued after four and a half days adrift in the open sea.
(3) Nearly 600 of the approximately 900 men who survived the sinking perished from battle wounds, drowning, predatory shark attacks, exposure to the elements, and lack of food and potable water.
(4) Rescue came for the remaining 316 sailors when they were spotted by chance by Navy Lieutenant Wilbur C. Gwinn while flying a routine naval air patrol mission.
(5) After the end of World War II, the commanding officer of the U.S.S. Indianapolis, Captain Charles Butler McVay, who was rescued with the other survivors, was court-martialed for `suffering a vessel to be hazarded through negligence' by failing to zigzag (a naval tactic employed to help evade submarine attacks), and was convicted even though--
(A) the choice to zigzag was left to Captain McVay's discretion in his orders; and
(B) Motchisura Hashimoto, the commander of the Japanese submarine that sank the U.S.S. Indianapolis, and Glynn R. Donaho, a United States Navy submarine commander highly decorated for his service during World War II, both testified at Captain McVay's court-martial trial that the Japanese submarine could have sunk the U.S.S. Indianapolis whether or not it had been zigzagging, an assertion that the Japanese submarine commander has since reaffirmed in a letter to the Chairman of the Committee on Armed Services of the Senate.
(6) Although not argued by Captain McVay's defense counsel in the court-martial trial, poor visibility on the night of the sinking (as attested in surviving crew members' handwritten accounts recently discovered at the National Archives) justified Captain McVay's choice not to zigzag as that choice was consistent with the applicable Navy directives in force in 1945, which stated that, `During thick weather and at night, except on very clear nights or during bright moonlight, vessels normally cease zig-zagging.'.
(7) Naval officials failed to provide Captain McVay with available support that was critical to the safety of the U.S.S. Indianapolis and its crew on what became its final mission by--
(A) disapproving a request made by Captain McVay for a destroyer escort for the U.S.S. Indianapolis across the Philippine Sea as being `not necessary';
(B) not informing Captain McVay that naval intelligence sources, through signal intelligence (the Japanese code having been broken earlier in World War II), had become aware that the Japanese submarine I-58 was operating in the area of the U.S.S. Indianapolis' course (as disclosed in evidence presented in a hearing of the Committee on Armed Services of the Senate); and
(C) not informing Captain McVay of the sinking of the destroyer escort U.S.S. Underhill by a Japanese submarine within range of the course of the U.S.S. Indianapolis four days before the U.S.S. Indianapolis departed Guam on its fatal voyage.
(8) Captain McVay's court-martial initially was opposed by his immediate command superiors, Fleet Admiral Chester Nimitz (CINCPAC) and Vice Admiral Raymond Spruance of the 5th fleet, for which the U.S.S. Indianapolis served as flagship, but, despite their recommendations, Secretary of the Navy James Forrestal ordered the court-martial, largely on the basis of the recommendation of Admiral King, Chief of Naval Operations.
(9) There is no explanation on the public record for Secretary Forestal's overruling of the recommendations made by Admirals Nimitz and Spruance.
(10) Captain McVay was the only commander of a United States Navy vessel lost in combat to enemy action during World War II who was subjected to a court-martial trial for such a loss, even though several hundred United States Navy ships were lost in combat to enemy action during World War II.
(11) The survivors of the U.S.S. Indianapolis overwhelmingly conclude that McVay was not at fault and have dedicated their lives to vindicating their Captain, Charles McVay, but time is running out for the 130 remaining members of the crew in their united and steadfast quest to clear their Captain's name.
(12) Although Captain McVay was promoted to Rear Admiral upon retirement from the Navy, he never recovered from the stigma of his post-war court-martial and in 1968, tragically, took his own life.
(13) Captain McVay was a graduate of the United States Naval Academy, was an exemplary career naval officer with an outstanding record (including participation in the amphibious invasions of North Africa, the assault on Iwo Jima, and the assault on Okinawa where he survived a fierce kamikaze attack), was a recipient of the Silver Star earned for courage under fire during the Solomon Islands campaign, and, with his crew, had so thoroughly demonstrated proficiency in naval warfare that the Navy entrusted Captain McVay and the crew with transporting, on their fatal cruise, the components necessary for assembling the atomic bombs that were exploded over Hiroshima and Nagasaki to end the war with Japan.
(b) SENSE OF CONGRESS- (1) It is the sense of Congress, on the basis of the facts presented in a public hearing conducted by the Committee on Armed Services of the Senate on September 14, 1999, including evidence not available at the time of Captain Charles Butler McVay's court-martial, and on the basis of extensive interviews and questioning of witnesses and knowledgeable officials and a review of the record of the court-martial for and in that hearing, that--
(A) recognizing that the Secretary of the Navy remitted the sentence of the court-martial and that Admiral Nimitz, as Chief of Naval Operations, restored Captain McVay to active duty, the American people should now recognize Captain McVay's lack of culpability for the tragic loss of the U.S.S. Indianapolis and the lives of the men who died as a result of her sinking; and
(B) knowing that vital information was not available to the court-martial board and that, as a result, Captain McVay was convicted, Captain McVay's military record should now reflect that he is exonerated for the loss of the ship and its crew.
(2) It is, further, the sense of Congress that Congress strongly encourages the Secretary of the Navy to award a Navy Unit Commendation to the U.S.S. Indianapolis and its final crew.
SEC. 576. SENIOR OFFICERS IN COMMAND IN HAWAII ON DECEMBER 7, 1941.
(a) FINDINGS- Congress makes the following findings:
(1) Rear Admiral Husband E. Kimmel, formerly the Commander in Chief of the United States Fleet and the Commander in Chief, United States Pacific Fleet, had an excellent and unassailable record throughout his career in the United States Navy prior to the December 7, 1941, attack on Pearl Harbor.
(2) Major General Walter C. Short, formerly the Commander of the United States Army Hawaiian Department, had an excellent and unassailable record throughout his career in the United States Army prior to the December 7, 1941, attack on Pearl Harbor.
(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 ranks of rear admiral and major general.
(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 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'; 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, 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 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'; detailed information and intelligence about Japanese intentions and war plans were available in `abundance' but were not shared with the General Short's Hawaii command; and 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) The then Chief of Naval Personnel, Admiral J. L. Holloway, Jr., on April 27, 1954, recommended that 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 Lieutenant 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 then Chief of Naval Operations, Admiral Carlisle Trost, withdrew his 1988 recommendation against the advancement of Admiral Kimmel and recommended that the case of Admiral Kimmel 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 that `Army and Navy officials in Washington were privy to intercepted Japanese diplomatic communications . . . which provided crucial confirmation of the imminence of war'; 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, 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 eligible officers from World War II who were excluded from the list of retired officers presented for advancement on the retired lists to their highest wartime ranks under the terms of the Officer Personnel Act of 1947.
(19) This singular exclusion 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 ranks as were their fellow veterans 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 to the grade of admiral on the retired list of the Navy; and
(B) to advance the late Major General Walter C. Short 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 that--
(1) the late Rear Admiral Husband E. Kimmel performed his duties as Commander in Chief, United States Pacific Fleet, competently and professionally, and, therefore, 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 the then Admiral Kimmel; and
(2) the late Major General Walter C. Short performed his duties as Commanding General, Hawaiian Department, competently and professionally, and, therefore, 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 the then Lieutenant General Short.
SEC. 577. VERBATIM RECORDS IN SPECIAL COURTS-MARTIAL.
(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) RETROACTIVE 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 courts-martial.
SEC. 578. MANAGEMENT AND PER DIEM REQUIREMENTS FOR MEMBERS SUBJECT TO LENGTHY OR NUMEROUS DEPLOYMENTS.
(a) MANAGEMENT OF DEPLOYMENTS OF MEMBERS- Section 586(a) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 637) is amended in the text of section 991 of title 10, United States Code, set forth in such section 586(a)--
(1) in subsection (a), by striking `an officer in the grade of general or admiral' in the second sentence and inserting `the designated component commander for the member's armed force'; and
(A) in paragraph (1), by inserting `or homeport, as the case may' before the period at the end;
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(C) 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
`(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
(D) in paragraph (3), as redesignated by subparagraph (B) of this paragraph--
(i) by striking `or' at the end of subparagraph (A);
(ii) by striking the period at the end of subparagraph (B) and inserting `; or'; and
(iii) by adding at the end the following:
`(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.'.
(b) ASSOCIATED PER DIEM ALLOWANCE- Section 586(b) of that Act (113 Stat. 638) is amended in the text of section 435 of title 37, United States Code, set forth in such section 586(b)--
(1) in subsection (a), by striking `251 days or more out of the preceding 365 days' and inserting `501 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)'.
(c) 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 (as added by section 586(a) of the National Defense Authorization Act for Fiscal Year 2000), during the first year that such section 991 is in effect. 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 991 that the Secretary considers appropriate.
SEC. 579. EXTENSION OF TRICARE MANAGED CARE SUPPORT CONTRACTS.
(a) AUTHORITY- Notwithstanding any other provision of law, the TRICARE managed care support contracts in effect, or in final stages of acquisition as of September 30, 1999, may be extended for four years, subject to subsection (b).
(b) CONDITIONS- Any extension of a contract under paragraph (1)--
(1) may be made only if the Secretary of Defense determines that it is in the best interest of the Government 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 Government.
SEC. 580. PREPARATION, PARTICIPATION, AND CONDUCT OF ATHLETIC COMPETITIONS AND SMALL ARMS COMPETITIONS BY THE NATIONAL GUARD AND MEMBERS OF THE NATIONAL GUARD.
(a) PREPARATION AND PARTICIPATION OF MEMBERS GENERALLY- Subsection (a) of section 504 of title 32, United States Code, is amended--
(1) by striking `or' at the end of paragraph (2);
(A) by inserting `prepare for and' before `participate'; and
(B) by striking the period at the end and inserting `; or'; and
(3) by adding at the end the following:
`(4) prepare for and participate in qualifying athletic competitions.'.
(b) CONDUCT OF COMPETITIONS- That section is further amended by adding at the end the following new subsection:
`(c)(1) Units of the National Guard may conduct small arms competitions and athletic competitions in conjunction with training required under this chapter if such activities would meet the requirements set forth in paragraphs (1), (3), and (4) of section 508(a) of this title if such activities were services to be provided under that section.
`(2) Facilities and equipment of the National Guard, including military property and vehicles described in section 508(c) of this title, may be used in connection with activities under paragraph (1).'.
(c) AVAILABILITY OF FUNDS- That section is further amended by adding at the end the following new subsection:
`(d) Subject to provisions of appropriations Acts, amounts appropriated for the National Guard may be used in order to cover the costs of activities under subsection (c) and of expenses of members of the National Guard under paragraphs (3) and (4) of subsection (a), including expenses of attendance and participation fees, travel, per diem, clothing, equipment, and related expenses.'.
(d) QUALIFYING ATHLETIC COMPETITIONS DEFINED- That section is further amended by adding at the end the following new subsection:
`(e) In this section, the term `qualifying athletic competition' means a competition in athletic events that require skills relevant to military duties or involve aspects of physical fitness that are evaluated by the armed forces in determining whether a member of the National Guard is fit for military duty.'.
(e) CONFORMING AND CLERICAL AMENDMENTS- (1) The section heading of such section is amended to read as follows:
`Sec. 504. National Guard schools; small arms competitions; athletic competitions'.
(2) The table of sections at the beginning of chapter 5 of that title is amended by striking the item relating to section 504 and inserting the following new item:
`504. National Guard schools; small arms competitions; athletic competitions.'.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2001.
(a) WAIVER OF SECTION 1009 ADJUSTMENT- The adjustment to become effective during fiscal year 2001 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.
(b) INCREASE IN BASIC PAY- Effective on January 1, 2001, the rates of monthly basic pay for members of the uniformed services are increased by 3.7 percent.
SEC. 602. CORRECTIONS FOR BASIC PAY TABLES.
Section 601(c) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65) is amended--
(1) in footnote 2 under the first table (113 Stat. 646), relating to commissioned officers, by striking `$12,441.00' and inserting `$12,488.70'; and
(2) in footnote 2 under the fourth table (113 Stat. 648), relating to enlisted members, by striking `$4,701.00' and inserting `$4,719.00'.
SEC. 603. PAY IN LIEU OF ALLOWANCE FOR FUNERAL HONORS DUTY.
(a) COMPENSATION AT RATE FOR INACTIVE-DUTY TRAINING- (1) Section 115(b)(2) of title 32, United States Code, is amended to read as follows:
`(2) as directed by the Secretary concerned, either--
`(A) the allowance under section 435 of title 37; or
`(B) compensation under section 206 of title 37.'.
(2) Section 12503(b)(2) of title 10, United States Code, is amended to read as follows:
`(2) as directed by the Secretary concerned, either--
`(A) the allowance under section 435 of title 37; or
`(B) compensation under section 206 of title 37.'.
(b) CONFORMING REPEAL- Section 435 of title 37, United States Code, is amended by striking subsection (c).
(c) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on October 1, 2000, and shall apply with respect to months beginning on or after that date.
SEC. 604. CLARIFICATION OF SERVICE EXCLUDED IN COMPUTATION OF CREDITABLE SERVICE AS A MARINE CORPS OFFICER.
(a) SERVICE AS RESERVE ENLISTED MEMBER IN PLATOON LEADERS CLASS- Section 205(f) of title 37, United States Code, is amended by striking `that the officer performed concurrently as a member' and inserting `that the officer performed concurrently as an enlisted member'.
(b) CORRECTION OF REFERENCE- Such section 205(f) is further amended by striking `section 12209' and inserting `section 12203'.
SEC. 605. CALCULATION OF BASIC ALLOWANCE FOR HOUSING.
(a) RATES- Subsection (b) of section 403 of title 37, United States Code, is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraph (1) as paragraph (2);
(3) by inserting after `(b) BASIC ALLOWANCE FOR HOUSING INSIDE THE UNITED STATES- ' the following: `(1) The Secretary of Defense shall prescribe the rates of the basic allowance for housing that are applicable for the various military housing areas in the United States. The rates for an area shall be based on the costs of adequate housing determined for the area under paragraph (2).'; and
(4) in paragraph (6), by striking `, changes in the national average monthly cost of housing,'.
(b) REPEAL OF LIMITATION ON TOTAL PAYMENTS- Subsection (b) of such section is further amended--
(1) by striking paragraphs (3) and (5); and
(2) by redesignating paragraphs (4), (6), and (7) as paragraphs (3), (4), and (5), respectively.
SEC. 606. ELIGIBILITY OF MEMBERS IN GRADE E-4 TO RECEIVE BASIC ALLOWANCE FOR HOUSING WHILE ON SEA DUTY.
(a) PAYMENT AUTHORIZED- Subsection (f)(2)(B) of section 403 of title 37, United States Code, is amended--
(1) by striking `E-5' in the first sentence and inserting `E-4 or E-5'; and
(2) by striking `grade E-5' in the second sentence and inserting `grades E-4 and E-5'.
(b) CONFORMING AMENDMENT- Subsection (m)(1)(B) of such section is amended by striking `E-4' and inserting `E-3'.
SEC. 607. PERSONAL MONEY ALLOWANCE FOR THE SENIOR ENLISTED MEMBERS OF THE ARMED FORCES.
(a) AUTHORITY- Section 414 of title 37, United States Code, is amended by adding at the end the following:
`(c) In addition to other pay or allowances authorized by this title, a noncommissioned officer is entitled to a personal money allowance of $2,000 a year while serving as the Sergeant Major of the Army, the Master Chief Petty Officer of the Navy, the Chief Master Sergeant of the Air Force, the Sergeant Major of the Marine Corps, or the Master Chief Petty Officer of the Coast Guard.'.
(b) EFFECTIVE DATE- This section and the amendment made by this section shall take effect on October 1, 2000.
SEC. 608. INCREASED UNIFORM ALLOWANCES FOR OFFICERS.
(a) INITIAL ALLOWANCE- Section 415(a) of title 37, United States Code, is amended by striking `$200' and inserting `$400'.
(b) ADDITIONAL ALLOWANCE- Section 416(a) of such title is amended by striking `$100' and inserting `$200'.
(c) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on October 1, 2000.
SEC. 609. CABINET-LEVEL AUTHORITY TO PRESCRIBE REQUIREMENTS AND ALLOWANCE FOR CLOTHING OF ENLISTED MEMBERS.
Section 418 of title 37, United States Code, is amended--
(1) in subsection (a), by striking `The President' and inserting `The Secretary of Defense and the Secretary of Transportation, with respect to the Coast Guard when it is not operating as a service in the Navy,'; and
(2) in subsection (b), by striking `the President' and inserting `the Secretary of Defense'.
SEC. 610. SPECIAL SUBSISTENCE ALLOWANCE FOR MEMBERS ELIGIBLE TO RECEIVE FOOD STAMP ASSISTANCE.
(a) ALLOWANCE- (1) Chapter 7 of title 37, United States Code, is amended by inserting after section 402 the following new section:
`Sec. 402a. Special subsistence allowance
`(a) ENTITLEMENT- (1) Upon the application of an eligible member of a uniformed service described in subsection (b), the Secretary concerned shall pay the member a special subsistence allowance for each month for which the member is eligible to receive food stamp assistance.
`(2) In determining the eligibility of a member to receive food stamp assistance for purposes of this section, the amount of any special subsistence allowance paid the member under this section shall not be taken into account.
`(b) COVERED MEMBERS- An enlisted member referred to in subsection (a) is an enlisted member in pay grade E-5 or below.
`(c) TERMINATION OF ENTITLEMENT- The entitlement of a member to receive payment of a special subsistence allowance terminates upon the occurrence of any of the following events:
`(1) Termination of eligibility for food stamp assistance.
`(2) Payment of the special subsistence allowance for 12 consecutive months.
`(3) Promotion of the member to a higher grade.
`(4) Transfer of the member in a permanent change of station.
`(d) REESTABLISHED ENTITLEMENT- (1) After a termination of a member's entitlement to the special subsistence allowance under subsection (c), the Secretary concerned shall resume payment of the special subsistence allowance to the member if the Secretary determines, upon further application of the member, that the member is eligible to receive food stamps.
`(2) Payments resumed under this subsection shall terminate under subsection (c) upon the occurrence of an event described in that subsection after the resumption of the payments.
`(3) The number of times that payments are resumed under this subsection is unlimited.
`(e) DOCUMENTATION OF ELIGIBILITY- A member of the uniformed services applying for the special subsistence allowance under this section shall furnish the Secretary concerned with such evidence of the member's eligibility for food stamp assistance as the Secretary may require in connection with the application.
`(f) AMOUNT OF ALLOWANCE- The monthly amount of the special subsistence allowance under this section is $180.
`(g) RELATIONSHIP TO BASIC ALLOWANCE FOR SUBSISTENCE- The special subsistence allowance under this section is in addition to the basic allowance for subsistence under section 402 of this title.
`(h) FOOD STAMP ASSISTANCE DEFINED- In this section, the term `food stamp assistance' means assistance under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
`(i) TERMINATION OF AUTHORITY- No special subsistence allowance may be made under this section for any month beginning after September 30, 2005.'.
(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. Special subsistence allowance.'.
(b) EFFECTIVE DATE- Section 402a of title 37, United States Code, shall take effect on the first day of the first month that begins on or after the date of the enactment of this Act.
(c) ANNUAL REPORT- (1) Not later than March 1 of each year after 2000, the Comptroller General of the United States shall submit to Congress a report setting forth the number of members of the uniformed services who are eligible for assistance under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
(2) In preparing the report, the Comptroller General shall consult with the Secretary of Defense, the Secretary of Transportation (with respect to the Coast Guard), the Secretary of Health and Human Services (with respect to the commissioned corps of the Public Health Service), and the Secretary of Commerce (with respect to the commissioned officers of the National Oceanic and Atmospheric Administration), who shall provide the Comptroller General with any information that the Comptroller General determines necessary to prepare the report.
(3) No report is required under this subsection after March 1, 2005.
SEC. 610A. RESTRUCTURING OF BASIC PAY TABLES FOR CERTAIN ENLISTED MEMBERS.
(a) IN GENERAL- The table under the heading `ENLISTED MEMBERS' in section 601(c) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 105-65; 113 Stat. 648) is amended by striking the amounts relating to pay grades E-7, E-6, and E-5 and inserting the amounts for the corresponding years of service specified in the following table:
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 1,765.80 1,927.80 2,001.00 2,073.00 2,148.60
E-6 1,518.90 1,678.20 1,752.60 1,824.30 1,899.40
E-5 1,332.60 1,494.00 1,566.00 1,640.40 1,715.70
Over 8 Over 10 Over 12 Over 14 Over 16
E-7 2,277.80 2,350.70 2,423.20 2,495.90 2,570.90
E-6 2,022.60 2,096.40 2,168.60 2,241.90 2,294.80
E-5 1,821.00 1,893.00 1,967.10 1,967.60 1,967.60
Over 18 Over 20 Over 22 Over 24 Over 26
E-7 2,644.20 2,717.50 2,844.40 2,926.40 3,134.40
E-6 2,332.00 2,332.00 2,335.00 2,335.00 2,335.00
E-5 1,967.60 1,967.60 1,967.60 1,967.60 1,967.60
-----------------------------------------------------------
(b) APPLICATION OF AMENDMENTS- The amendments made by subsection (a) shall take effect as of October 1, 2000, and shall apply with respect to months beginning on or after that date.
SEC. 610B. BASIC ALLOWANCE FOR HOUSING.
(a) APPLICABILITY OF LOW-COST AND NO-COST REASSIGNMENTS TO MEMBERS WITH DEPENDENTS- Subsection (b)(7) of section 403 of title 37, United States Code, is amended by striking `without dependents'.
(b) ALLOWANCE WHEN DEPENDENTS ARE UNABLE TO ACCOMPANY MEMBERS- Subsection (d) of such section is amended by striking paragraph (3) and inserting the following:
`(3) In the case of a member with dependents who is assigned to duty in an area that is different from the area in which the member's dependents reside--
`(A) the member shall receive a basic allowance for housing as provided in subsection (b) or (c), as appropriate;
`(B) if the member is assigned to duty in an area or under circumstances that, as determined by the Secretary concerned, require the member's dependents to reside in a different area, the member shall receive a basic allowance for housing as if the member were assigned to duty in the area in which the dependents reside or at the member's last duty station, whichever the Secretary concerned determines to be equitable; or
`(C) if the member is assigned to duty in that area under the conditions of low-cost or no-cost permanent change of station or permanent change of assignment and the Secretary concerned determines that it would be inequitable to base the member's entitlement to, and amount of, a basic allowance for housing on the cost of housing in the area to which the member is reassigned, the member shall receive a basic allowance for housing as if the member were assigned to duty at the member's last duty station.'.
(c) EFFECTIVE DATE- The amendments made by subsections (a) and (b) shall take effect on October 1, 2000, and shall apply with respect to pay periods beginning on and after that date.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES.
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES- Section 302g(f) of title 37, United States Code, is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
(b) SELECTED RESERVE REENLISTMENT BONUS- Section 308b(f) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
(c) SELECTED RESERVE ENLISTMENT BONUS- Section 308c(e) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN HIGH PRIORITY UNITS- Section 308d(c) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
(e) SELECTED RESERVE AFFILIATION BONUS- Section 308e(e) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
(f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS- Section 308h(g) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
(g) PRIOR SERVICE ENLISTMENT BONUS- Section 308i(f) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE- Section 16302(d) of title 10, United States Code, is amended by striking `January 1, 2001' and inserting `January 1, 2002'.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE ANESTHETISTS.
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM- Section 2130a(a)(1) of title 10, United States Code, is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
(b) ACCESSION BONUS FOR REGISTERED NURSES- Section 302d(a)(1) of title 37, United States Code, is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS- Section 302e(a)(1) of title 37, United States Code, is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES AND SPECIAL PAYS.
(a) AVIATION OFFICER RETENTION BONUS- Section 301b(a) of title 37, United States Code, is amended by striking `December 31, 2000,' and inserting `December 31, 2001,'.
(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS- Section 308(g) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
(c) ENLISTMENT BONUS FOR PERSONS WITH CRITICAL SKILLS- Section 308a(d) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
(d) ARMY ENLISTMENT BONUS- Section 308f(c) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
(e) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE SERVICE- Section 312(e) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
(f) NUCLEAR CAREER ACCESSION BONUS- Section 312b(c) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
(g) NUCLEAR CAREER ANNUAL INCENTIVE BONUS- Section 312c(d) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.
SEC. 614. CONSISTENCY OF AUTHORITIES FOR SPECIAL PAY FOR RESERVE MEDICAL AND DENTAL OFFICERS.
(a) RESERVE MEDICAL OFFICERS SPECIAL PAY- Section 302(h)(1) of title 37, United States Code, is amended by adding at the end: `, including active duty in the form of annual training, active duty for training, and active duty for special work'.
(b) RESERVE DENTAL OFFICERS SPECIAL PAY AMENDMENT- Subsection (d) of section 302f of title 37, United States Code, is amended to read as follows:
`(d) SPECIAL RULE FOR RESERVE MEDICAL AND DENTAL OFFICERS- While a Reserve medical or dental officer receives a special pay under section 302 or 302b of this title by reason of subsection (a), the officer shall not be entitled to special pay under section 302(h) or 302b(h) of this title.'.
SEC. 615. SPECIAL PAY FOR PHYSICIAN ASSISTANTS OF THE COAST GUARD.
Section 302c(d)(1) of title 37, United States Code, is amended by inserting after `nurse,' the following: `an officer of the Coast Guard or Coast Guard Reserve designated as a physician assistant,'.
SEC. 616. AUTHORIZATION OF SPECIAL PAY AND ACCESSION BONUS FOR PHARMACY OFFICERS.
(a) AUTHORIZATION OF SPECIAL PAY- Chapter 5 of title 37, United States Code, is amended by inserting after section 302h the following new section:
`Sec. 302i. Special pay: pharmacy officers
`(a) ARMY, NAVY, AND AIR FORCE PHARMACY OFFICERS- Under regulations prescribed pursuant to section 303a of this title, the Secretary of the military department concerned may, subject to subsection (c), pay special pay at the rates specified in subsection (d) to an officer who--
`(1) is a pharmacy officer in the Medical Service Corps of the Army or Navy or the Biomedical Sciences Corps of the Air Force; and
`(2) is on active duty under a call or order to active duty for a period of not less than one year.
`(b) PUBLIC HEALTH SERVICE CORPS- Subject to subsection (c), the Secretary of Health and Human Services may pay special pay at the rates specified in subsection (d) to an officer who--
`(1) is an officer in the Regular or Reserve Corps of the Public Health Service and is designated as a pharmacy officer; and
`(2) is on active duty under a call or order to active duty for a period of not less than one year.
`(c) LIMITATION- Special pay may not be paid under this section to an officer serving in a pay grade above pay grade O-6.
`(d) RATE OF SPECIAL PAY- The rate of special pay paid to an officer subsection (a) or (b) is as follows:
`(1) $3,000 per year, if the officer is undergoing pharmacy internship training or has less than 3 years of creditable service.
`(2) $7,000 per year, if the officer has at least 3 but less than 6 years of creditable service and is not undergoing pharmacy internship training.
`(3) $7,000 per year, if the officer has at least 6 but less than 8 years of creditable service.
`(4) $12,000 per year, if the officer has at least 8 but less than 12 years of creditable service.
`(5) $10,000 per year, if the officer has at least 12 but less than 14 years of creditable service.
`(6) $9,000 per year, if the officer has at least 14 but less than 18 years of creditable service.
`(7) $8,000 per year, if the officer has 18 or more years of creditable service.'.
(b) AUTHORIZATION OF ACCESSION BONUSES- Chapter 5 of that title is further amended by inserting after section 302i, as added by subsection (a) of this section, the following new section:
`Sec. 302j. Special pay: accession bonus for pharmacy officers
`(a) ACCESSION BONUS AUTHORIZED- A person who is a graduate of an accredited pharmacy school and who, during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2001 and ending on September 30, 2004, executes a written agreement described in subsection (c) to accept a commission as an officer of a uniformed service and remain on active duty for a period of not less than 4 years may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary concerned.
`(b) LIMITATION ON AMOUNT OF BONUS- The amount of an accession bonus under subsection (a) may not exceed $30,000.
`(c) LIMITATION ON ELIGIBILITY FOR BONUS- A person may not be paid a bonus under subsection (a) if--
`(1) the person, in exchange for an agreement to accept an appointment as a warrant or commissioned officer, received financial assistance from the Department of Defense or the Department of Health and Human Services to pursue a course of study in pharmacy; or
`(2) the Secretary concerned determines that the person is not qualified to become and remain licensed as a pharmacist.
`(d) AGREEMENT- The agreement referred to in subsection (a) shall provide that, consistent with the needs of the uniformed service concerned, the person executing the agreement shall be assigned to duty, for the period of obligated service covered by the agreement, as a pharmacy officer in the Medical Service Corps of the Army or Navy, a biomedical sciences officer in the Air Force designated as a pharmacy officer, or a pharmacy officer of the Public Health Service.
`(e) REPAYMENT- (1) An officer who receives a payment under subsection (a) and who fails to become and remain licensed as a pharmacist during the period for which the payment is made shall refund to the United States an amount equal to the full amount of such payment.
`(2) An officer who voluntarily terminates service on active duty before the end of the period agreed to be served under subsection (a) shall refund to the United States an amount that bears the same ratio to the amount paid to the officer as the unserved part of such period bears to the total period agreed to be served.
`(3) An obligation to reimburse the United States under paragraph (1) or (2) is for all purposes a debt owed to the United States.
`(4) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under such agreement or this subsection. This paragraph applies to any case commenced under title 11 after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2001.'.
(c) ADMINISTRATION- Section 303a of title 37, United States Code, is amended by striking `302h' each place it appears and inserting `302j'.
(d) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 302h the following new items:
`302i. Special pay: pharmacy officers.
`302j. Special pay: accession bonus for pharmacy officers.'.
SEC. 617. CORRECTION OF REFERENCES TO AIR FORCE VETERINARIANS.
Section 303(a) of title 37, United States Code, is amended--
(1) in paragraph (1)(B), by striking `who is designated as a veterinary officer' and inserting `who is an officer in the Biomedical Sciences Corps and holds a degree in veterinary medicine'; and
(2) in paragraph (2), by striking subparagraph (B) and inserting the following:
`(B) of a reserve component of the Air Force, of the Army or the Air Force without specification of component, or of the National Guard, who--
`(i) is designated as a veterinary officer; or
`(ii) is an officer in the Biomedical Sciences Corps of the Air Force and holds a degree in veterinary medicine; or'.
SEC. 618. ENTITLEMENT OF ACTIVE DUTY OFFICERS OF THE PUBLIC HEALTH SERVICE CORPS TO SPECIAL PAYS AND BONUSES OF HEALTH PROFESSIONAL OFFICERS OF THE ARMED FORCES.
(a) IN GENERAL- Section 303a of title 37, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections (c) and (d); and
(2) by inserting after subsection (a) the following new subsection (b):
`(b)(1) Except as provided in paragraph (2) or as otherwise provided under a provision of this chapter, commissioned officers in the Regular or Reserve Corps of the Public Health Service shall be entitled to special pay under the provisions of this chapter in the same amounts, and under the same terms and conditions, as commissioned officers of the armed forces are entitled to special pay under the provisions of this chapter.
`(2) A commissioned medical officer in the Regular or Reserve Corps of the Public Health Service (other than an officer serving in the Indian Health Service) may not receive additional special pay under section 302(a)(4) of this title for any period during which the officer is providing obligated service under the following provisions of law:
`(A) Section 338B of the Public Health Service Act (42 U.S.C. 254l-1).
`(B) Section 225(e) of the Public Health Service Act, as that section was in effect before 1, 1977.
`(C) Section 752 of the Public Health Service Act, as that section was in effect between October 1, 1977, and August 13, 1981.'.
(b) REPEAL OF SUPERSEDED PROVISIONS- Section 208(a) of the Public Health Service Act (42 U.S.C. 210(a)) is amended--
(1) by striking paragraphs (2) and (3); and
(2) by inserting after paragraph (1) the following new paragraph (2):
`(2) For provisions relating to the receipt of special pay by commissioned officers of the Regular and Reserve Corps while on active duty, see section 303a(b) of title 37, United States Code.'.
SEC. 619. CAREER SEA PAY.
(a) REFORM OF AUTHORITIES- Section 305a of title 37, United States Code, is amended--
(1) in subsection (a), by striking `Under regulations prescribed by the President, a member' and inserting `A member';
(2) by redesignating subsection (d) as subsection (e); and
(3) by striking subsections (b) and (c) and inserting the following:
`(b) The Secretary concerned shall prescribe the monthly rates for special pay applicable to members of each armed force under the Secretary's jurisdiction. No monthly rate may exceed $750.
`(c) A member of a uniformed service entitled to career sea pay under this section who has served 36 consecutive months of sea duty is also entitled to a career sea pay premium for the thirty-seventh consecutive month and each subsequent consecutive month of sea duty served by such member. The monthly amount of the premium shall be prescribed by the Secretary concerned, but may not exceed $350.
`(d) The Secretary concerned shall prescribe regulations for the administration of this section for the armed force or armed forces under the jurisdiction of the Secretary. The entitlements under this section shall be subject to the regulations.'.
(b) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 2000, and shall apply with respect to months beginning on or after that date.
SEC. 620. INCREASED MAXIMUM RATE OF SPECIAL DUTY ASSIGNMENT PAY.
Section 307(a) of title 37, United States Code, is amended--
(1) by striking `$275' and inserting `$600'; and
(2) by striking the second sentence.
SEC. 621. EXPANSION OF APPLICABILITY OF AUTHORITY FOR CRITICAL SKILLS ENLISTMENT BONUS TO INCLUDE ALL ARMED FORCES.
(a) EXPANSION OF AUTHORITY- Section 308f of title 37, United States Code, is amended--
(1) by striking `Secretary of the Army' each place it appears and inserting `Secretary concerned'; and
(2) by striking `the Army' in subsections (a)(3) and (c) and inserting `an armed force'.
(b) CONFORMING AMENDMENT- The heading for such section is amended to read as follows:
`Sec. 308f. Special pay: bonus for enlistment'.
(c) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by striking the item relating to section 308f and inserting the following:
`308f. Special pay: bonus for enlistment.'.
(d) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on October 1, 2000, and shall apply with respect to months beginning on or after that date.
SEC. 622. ENTITLEMENT OF MEMBERS OF THE NATIONAL GUARD AND OTHER RESERVES NOT ON ACTIVE DUTY TO RECEIVE SPECIAL DUTY ASSIGNMENT PAY.
(a) AUTHORITY- Section 307(a) of title 37, United States Code, is amended by inserting after `is entitled to basic pay' in the first sentence the following: `, or is entitled to compensation under section 206 of this title in the case of a member of a reserve component not on active duty,'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the first day of the first month that begins on or after the date of the enactment of this Act.
Subtitle C--Travel and Transportation Allowances
SEC. 631. ADVANCE PAYMENTS FOR TEMPORARY LODGING OF MEMBERS AND DEPENDENTS.
(a) SUBSISTENCE EXPENSES- Section 404a of title 37, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and
(2) by striking subsection (a) and inserting the following:
`(a)(1) Under regulations prescribed by the Secretaries concerned, a member of a uniformed service who is ordered to make a change of permanent station described in paragraph (2) shall be paid or reimbursed for subsistence expenses of the member and the member's dependents for the period (subject to subsection (c)) for which the member and dependents occupy temporary quarters incident to that change of permanent station.
`(2) Paragraph (1) applies to the following:
`(A) A permanent change of station from any duty station to a duty station in the United States (other than Hawaii or Alaska).
`(B) A permanent change of station from a duty station in the United States (other than Hawaii or Alaska) to a duty station outside the United States or in Hawaii or Alaska.
`(b) The Secretary concerned may make any payment for subsistence expenses to a member under this section in advance of the incurrence of the expenses. The amount of an advance payment made to a member shall be computed on the basis of the Secretary's determination of the average number of days that members and their dependents occupy temporary quarters under the circumstances applicable to the member and the member's dependents.
`(c)(1) In the case of a change of permanent station described in subsection (a)(2)(A), the period for which subsistence expenses are to be paid or reimbursed under this section may not exceed 10 days.
`(2) In the case of a change of permanent station described in subsection (a)(2)(B)--
`(A) the period for which such expenses are to be paid or reimbursed under this section may not exceed five days; and
`(B) such payment or reimbursement may be provided only for expenses incurred before leaving the United States (other than Hawaii or Alaska).'.
(b) PER DIEM- Section 405 of such title is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by striking subsection (a) and inserting the following:
`(a) Without regard to the monetary limitation of this title, the Secretary concerned may pay a per diem to a member who is on duty outside of the United States or in Hawaii or Alaska, whether or not the member is in a travel status. The Secretary may pay the per diem in advance of the accrual of the per diem.
`(b) In determining the per diem to be paid under this section, the Secretary concerned shall consider all elements of the cost of living to members of the uniformed services under the Secretary's jurisdiction and their dependents, including the cost of quarters, subsistence, and other necessary incidental expenses. However, dependents may not be considered in determining the per diem allowance for a member in a travel status.'.
SEC. 632. INCENTIVE FOR SHIPPING AND STORING HOUSEHOLD GOODS IN LESS THAN AVERAGE WEIGHTS.
Section 406(b)(1) of title 37, United States Code, is amended by adding at the end the following new subparagraph:
`(G) The Secretary concerned may pay a member a share (determined by the Secretary) of the amount of the savings resulting to the United States for less than average shipping and storage of the member's baggage and household effects under subparagraph (A). Shipping and storage of a member's baggage and household effects for a member shall be considered as less than average if the total weights of the baggage and household effects shipped and stored are less than the average weights of the baggage and household effects that are shipped and stored, respectively, by members of the same grade and status with respect to dependents as the member in connection with changes of station that are comparable to the member's change of station. The amount of the savings shall be the amount equal to the excess of the cost of shipping and cost of storing such average weights of baggage and household effects, respectively, over the corresponding costs associated with the weights of the member's baggage and household effects. For the administration of this subparagraph, the Secretary of Defense shall annually determine the average weights of baggage and household effects shipped and stored.'.
SEC. 633. EXPANSION OF FUNDED STUDENT TRAVEL.
Section 430 of title 37, United States Code, is amended--
(1) in subsection (a)(3), by striking `for the purpose of obtaining a secondary or undergraduate college education' and inserting `for the purpose of obtaining a formal education';
(2) in subsection (b), by striking `for the purpose of obtaining a secondary or undergraduate college education' and inserting `for the purpose of obtaining a formal education'; and
(A) by striking `In this section, the term' and insert the following:
(B) by adding at the end the following:
`(2) The term `formal education' means the following:
`(A) A secondary education.
`(B) An undergraduate college education.
`(C) A graduate education pursued on a full-time basis at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
`(D) Vocational education pursued on a full-time basis at a post-secondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))).'.
SEC. 634. BENEFITS FOR MEMBERS NOT TRANSPORTING PERSONAL MOTOR VEHICLES OVERSEAS.
(a) INCENTIVES- Section 2634 of title 10, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new subsection (h):
`(h)(1) If a member of an armed force authorized the transportation of a motor vehicle under subsection (a) elects not to have the vehicle transported and not (if eligible) to have the vehicle stored under subsection (b), the Secretary concerned may pay the member a share (determined by the Secretary) of the amount of the savings resulting to the United States. The Secretary may make the payment in advance of the member's change of permanent station.
`(2) The Secretary of Defense shall determine annually the rates of savings to the United States that are associated with elections of a member described in paragraph (1).'.
(b) STORAGE AS ALTERNATIVE TO TRANSPORTATION FOR UNACCOMPANIED ASSIGNMENTS- Subsection (b) of such section--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new paragraph (3):
`(3) If a member authorized the transportation of a motor vehicle under subsection (a) is not authorized under reassignment orders to be accompanied by dependents on a command-sponsored basis, the member may elect, in lieu of that transportation, to have the motor vehicle stored at a location approved by the Secretary concerned. If storage is elected, the Secretary shall pay the expenses associated with the storage of the vehicle, as authorized under paragraph (4), up to the amount equal to the cost that would have been incurred by the United States for transportation of the vehicle under subsection (a). The member shall be responsible for the payment of the costs of the storage in excess of that amount.'.
Subtitle D--Retirement Benefits
SEC. 641. EXCEPTION TO HIGH-36 MONTH RETIRED PAY COMPUTATION FOR MEMBERS RETIRED FOLLOWING A DISCIPLINARY REDUCTION IN GRADE.
Section 1407 of title 10, United States Code, is amended--
(1) in subsection (b), by striking `The retired pay base' and inserting `Except as provided in subsection (f), the retired pay base'; and
(2) by adding at the end the following new subsection:
`(f) EXCEPTION FOR ENLISTED MEMBERS REDUCED IN GRADE AND OFFICERS WHO DO NOT SERVE SATISFACTORILY IN HIGHEST GRADE HELD-
`(1) COMPUTATION BASED ON PRE-HIGH-THREE RULES- In the case of a member or former member described in paragraph (2), the retired pay base or retainer pay base is determined under section 1406 of this title in the same manner as if the member or former member first became a member of a uniformed service before September 8, 1980.
`(2) AFFECTED MEMBERS- A member or former member referred to in paragraph (1) is a member or former member who by reason of conduct occurring after the date of the enactment of this subsection--
`(A) in the case of a member retired in an enlisted grade or transferred to the Fleet Reserve or Fleet Marine Corps Reserve, was at any time reduced in grade as the result of a court-martial sentence, nonjudicial punishment, or an administrative action, unless the member was subsequently promoted to a higher enlisted grade or appointed to a commissioned or warrant grade; and
`(B) in the case of an officer, is retired in a grade lower than the highest grade in which served by reason of denial of a determination or certification under section 1370 of this title that the officer served on active duty satisfactorily in that grade.
`(3) SPECIAL RULE FOR ENLISTED MEMBERS- In the case of a member who retires within three years after having been reduced in grade as described in paragraph (2)(A), who retires in an enlisted grade that is lower than the grade from which reduced, and who would be subject to paragraph (2)(A) but for a subsequent promotion to a higher enlisted grade or a subsequent appointment to a warrant or commissioned grade, the rates of basic pay used in the computation of the member's high-36 average for the period of the member's service in a grade higher than the grade in which retired shall be the rates of pay that would apply if the member had been serving for that period in the grade in which retired.'.
SEC. 642. AUTOMATIC PARTICIPATION IN RESERVE COMPONENT SURVIVOR BENEFIT PLAN UNLESS DECLINED WITH SPOUSE'S CONSENT.
(a) INITIAL OPPORTUNITY TO DECLINE- Paragraph (2)(B) of section 1448(a) of title 10, United States Code, is amended to read as follows:
`(B) RESERVE-COMPONENT ANNUITY PARTICIPANTS- A person who is--
`(i) eligible to participate in the Plan under paragraph (1)(B); and
`(ii) married or has a dependent child when he is notified under section 12731(d) of this title that he has completed the years of service required for eligibility for reserve-component retired pay, unless the person elects (with his spouse's concurrence, if required under paragraph (3)) not to participate in the Plan before the end of the 90-day period beginning on the date he receives such notification.
A person who elects not to participate in the Plan as described in the foregoing sentence remains eligible, upon reaching 60 years of age and otherwise becoming entitled to retired pay, to participate in the Plan in accordance with eligibility under paragraph (1)(A).'.
(b) SPOUSAL CONSENT REQUIREMENT- Paragraph (3)(B) of such section is amended--
(1) by striking `who elects to provide' and inserting `who is eligible to provide';
(2) by redesignating clauses (i) and (ii) as clauses (iii) and (iv), respectively; and
(3) by inserting before clause (iii), as so redesignated, the following:
`(i) not to participate in the Plan;
`(ii) to defer the effective date of annuity payments to the 60th anniversary of the member's birth pursuant to subsection (e)(2);'.
(c) IRREVOCABILITY OF ELECTION NOT TO PARTICIPATE MADE UPON RECEIPT OF 20-YEAR LETTER- Paragraph (4)(B) of such section is amended by striking `to participate in the Plan is irrevocable' and inserting `not to participate in the Plan is, subject to the sentence following clause (ii) of paragraph (2)(B), irrevocable'.
(d) DESIGNATION OF COMMENCEMENT OF RESERVE-COMPONENT ANNUITY- (1) Section 1448(e) of title 10, United States Code, is amended by striking `a person electing to participate' and all that follows through `making such election' and inserting `a person is required to make a designation under this subsection, the person'.
(2) Section 1450(j)(1) of such title is amended to read as follows:
`(1) PERSON MAKING SECTION 1448(e) DESIGNATION- A reserve-component annuity shall be effective in accordance with the designation made under section 1448(e) of this title by the person providing the annuity.'.
(e) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on October 1, 2000.
SEC. 643. PARTICIPATION IN THRIFT SAVINGS PLAN.
(a) EFFECTIVE DATE OF PARTICIPATION AUTHORITY- Section 663 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 673; 5 U.S.C. 8440 note) is amended to read as follows:
`SEC. 663. EFFECTIVE DATE.
`(a) IN GENERAL- The amendments made by this subtitle shall take effect 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2001.
`(b) POSTPONEMENT AUTHORITY- (1) The Secretary of Defense may postpone the authority of members of the Ready Reserve to participate in the Thrift Savings Plan under section 211 of title 37, United States Code (as amended by this subtitle) up to 360 days after the date referred to in subsection (a) if the Secretary, after consultation with the Executive Director (appointed by the Federal Retirement Thrift Investment Board), determines that permitting such members to participate in the Thrift Savings Plan earlier would place an excessive burden on the administrative capacity of the Board to accommodate participants in the Thrift Savings Plan.
`(2) The Secretary shall notify the congressional defense committees, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate of any determination made under paragraph (1).'.
(b) REGULATIONS- Section 661(b) of such Act (113 Stat. 672; 5 U.S.C. 8440e) is amended by striking `the date on which' and all that follows through `later,' and inserting `the effective date of the amendments made by this subtitle (determined under section 663(a)),'.
SEC. 644. RETIREMENT FROM ACTIVE RESERVE SERVICE AFTER REGULAR RETIREMENT.
(a) CONVERSION TO RESERVE RETIREMENT- (1) Chapter 1223 of title 10, United States Code, is amended by adding at the end the following:
`Sec. 12741. Retirement from active reserve service performed after regular retirement
`(a) RESERVE RETIREMENT- Upon the election of a member or former member of a reserve component under subsection (b), the Secretary concerned shall--
`(1) treat the person as being entitled to retired pay under this chapter;
`(2) terminate the person's entitlement to retired pay that is payable out of the Department of Defense Military Retirement Fund under any other provision of law other than this chapter; and
`(3) in the case of a reserve commissioned officer, transfer the officer to the Retired Reserve.
`(b) ELIGIBILITY AND ELECTION- A person who, after being retired under chapter 65, 367, 571, or 867 of this title, serves in an active status in a reserve component of the armed forces may elect to receive retired pay under this chapter if--
`(1) the person would, except for paragraph (4) of section 12731(a) of this title, otherwise be entitled to retired pay under this chapter; and
`(2) during that reserve service, the person served satisfactorily as--
`(A) a reserve commissioned officer; or
`(B) a reserve noncommissioned officer.
`(c) TIME AND FORM OF ELECTION- An election under subsection (b) shall be made within such time and in such form as the Secretary concerned requires.
`(d) EFFECTIVE DATE OF ELECTION- An election made by a person under subsection (b) shall be effective--
`(1) except as provided in paragraph (2)(B), as of the date on which the person attains 60 years of age, if the election is made in accordance with this section within 180 days after that date; or
`(2) on the first day of the first month that begins after the date on which the election is made in accordance with this section, if--
`(A) the election is made more than 180 days after the date on which the person attains 60 years of age; or
`(B) the person retires from active reserve service within that 180-day period.'.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following:
`12741. Retirement from active service performed after regular retirement.'.
(b) EFFECTIVE DATE AND APPLICABILITY- (1) This section and the amendments made by this section shall take effect 180 days after the date of the enactment of this Act.
(2) No benefits shall accrue under section 12741 of title 10, United States Code (as added by subsection (a)), for any period before the first day of the first month that begins on or after the effective date of this section.
SEC. 645. SAME TREATMENT FOR FEDERAL JUDGES AS FOR OTHER FEDERAL OFFICIALS REGARDING PAYMENT OF MILITARY RETIRED PAY.
(a) REPEAL OF REQUIREMENT FOR SUSPENSION DURING REGULAR ACTIVE SERVICE- Section 371 of title 28, United States Code, is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(b) CONFORMING AMENDMENTS- Subsection (b) of such section is amended by striking `subsection (f)' each place it appears and inserting `subsection (e)'.
(c) RETROACTIVE EFFECTIVE DATE- The amendments made by this section shall take effect as of October 1, 1999.
SEC. 646. POLICY ON INCREASING MINIMUM SURVIVOR BENEFIT PLAN BASIC ANNUITIES FOR SURVIVING SPOUSES AGE 62 OR OLDER.
It is the sense of Congress that there should be enacted during the 106th Congress legislation that increases the minimum basic annuities provided under the Survivor Benefit Plan for surviving spouses of members of the uniformed services who are 62 years of age or older.
SEC. 647. SURVIVOR BENEFIT PLAN ANNUITIES FOR SURVIVORS OF ALL MEMBERS WHO DIE ON ACTIVE DUTY.
(a) ENTITLEMENT- (1) Subsection (d)(1) of section 1448 of title 10, United States Code, is amended to read as follows:
`(1) SURVIVING SPOUSE ANNUITY- The Secretary concerned shall pay an annuity under this subchapter to the surviving spouse of--
`(A) a member who dies on active duty after--
`(i) becoming eligible to receive retired pay;
`(ii) qualifying for retired pay except that he has not applied for or been granted that pay; or
`(iii) completing 20 years of active service but before he is eligible to retire as a commissioned officer because he has not completed 10 years of active commissioned service; or
`(B) a member not described in subparagraph (A) who dies on active duty, except in the case of a member whose death, as determined by the Secretary concerned--
`(i) is a direct result of the member's intentional misconduct or willful neglect; or
`(ii) occurs during a period of unauthorized absence.'.
(2) The heading for subsection (d) of such section is amended by striking `RETIREMENT-ELIGIBLE'.
(b) AMOUNT OF ANNUITY- Section 1451(c)(1) of such title is amended to read as follows:
`(1) IN GENERAL- In the case of an annuity provided under section 1448(d) or 1448(f) of this title, the amount of the annuity shall be determined as follows:
`(A) BENEFICIARY UNDER 62 YEARS OF AGE- If the person receiving the annuity is under 62 years of age or is a dependent child when the member or former member dies, the monthly annuity shall be the amount equal to 55 percent of the retired pay imputed to the member or former member. The retired pay imputed to a member or former member is as follows:
`(i) Except in a case described in clause (ii), the retired pay to which the member or former member would have been entitled if the member or former member had been entitled to that pay based upon his years of active service when he died.
`(ii) In the case of a deceased member referred to in subparagraph (A)(iii) or (B) of section 1448(d)(1) of this title, the retired pay to which the member or former member would have been entitled if the member had been entitled to that pay based upon a retirement under section 1201 of this title (if on active duty for more than 30 days when the member died) or section 1204 of this title (if on active duty for 30 days or less when the member died) for a disability rated as total.
`(B) BENEFICIARY 62 YEARS OF AGE OR OLDER-
`(i) GENERAL RULE- If the person receiving the annuity (other than a dependent child) is 62 years of age or older when the member or former member dies, the monthly annuity shall be the amount equal to 35 percent of the retired pay imputed to the member or former member as described in clause (i) or (ii) of the second sentence of subparagraph (A).
`(ii) RULE IF BENEFICIARY ELIGIBLE FOR SOCIAL SECURITY OFFSET COMPUTATION- If the beneficiary is eligible to have the annuity computed under subsection (e) and if, at the time the beneficiary becomes entitled to the annuity, computation of the annuity under that subsection is more favorable to the beneficiary than computation under clause (i), the annuity shall be computed under that subsection rather than under clause (i).'.
(c) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on October 1, 2000, and shall apply with respect to deaths occurring on or after that date.
SEC. 648. FAMILY COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE.
(a) INSURABLE DEPENDENTS- Section 1965 of title 38, United States Code, is amended by adding at the end the following:
`(10) The term `insurable dependent', with respect to a member, means the following:
`(A) The member's spouse.
`(B) A child of the member for so long as the child is unmarried and the member is providing over 50 percent of the support of the child.'.
(b) INSURANCE COVERAGE- (1) Subsection (a) of section 1967 of title 38, United States Code, is amended to read as follows:
`(a)(1) Subject to an election under paragraph (2), any policy of insurance purchased by the Secretary under section 1966 of this title shall automatically insure the following persons against death:
`(A) In the case of any member of a uniformed service on active duty (other than active duty for training)--
`(ii) each insurable dependent of the member.
`(B) Any member of a uniformed service on active duty for training or inactive duty training scheduled in advance by competent authority.
`(C) Any member of the Ready Reserve of a uniformed service who meets the qualifications set forth in section 1965(5)(B) of this title.
`(2)(A) A member may elect in writing not to be insured under this subchapter.
`(B) A member referred to in subparagraph (A) may also make either or both of the following elections in writing:
`(i) An election not to insure a dependent spouse under this subchapter.
`(ii) An election to insure none of the member's children under this subchapter.
`(3)(A) Subject to an election under subparagraph (B), the amount for which a person is insured under this subchapter is as follows:
`(i) In the case of a member, $200,000.
`(ii) In the case of a member's spouse, the amount equal to 50 percent of the amount for which the member is insured under this subchapter.
`(iii) In the case of a member's child, $10,000.
`(B) A member may elect in writing to be insured or to insure an insurable dependent in an amount less than the amount provided under subparagraph (A). The amount of insurance so elected shall, in the case of a member or spouse, be evenly divisible by $10,000 and, in the case of a child, be evenly divisible by $5,000.
`(4) No dependent of a member is insured under this chapter unless the member is insured under this subchapter.
`(5) The insurance shall be effective with respect to a member and the member's dependents on the first day of active duty or active duty for training, or the beginning of a period of inactive duty training scheduled in advance by competent authority, or the first day a member of the Ready Reserve meets the qualifications set forth in section 1965(5)(B) of this title, or the date certified by the Secretary to the Secretary concerned as the date Servicemembers' Group Life Insurance under this subchapter for the class or group concerned takes effect, whichever is the later date.'.
(2) Subsection (c) of such section is amended by striking out the first sentence and inserting the following: `If a person eligible for insurance under this subchapter is not so insured, or is insured for less than the maximum amount provided for the person under subparagraph (A) of subsection (a)(3), by reason of an election made by a member under subparagraph (B) of that subsection, the person may thereafter be insured under this subchapter in the maximum amount or any lesser amount elected as provided in such subparagraph (B) upon written application by the member, proof of good health of each person to be so insured, and compliance with such other terms and conditions as may be prescribed by the Secretary.'.
(c) TERMINATION OF COVERAGE- (1) Subsection (a) of section 1968 of such title is amended--
(A) in the matter preceding paragraph (1), by inserting `and any insurance thereunder on any insurable dependent of such a member,' after ` any insurance thereunder on any member of the uniformed services,';
(B) by striking `and' at the end of paragraph (3);
(C) by striking the period at the end of paragraph (4) and inserting `; and'; and
(D) by adding at the end the following:
`(5) with respect to an insurable dependent of the member--
`(A) upon election made in writing by the member to terminate the coverage; or
`(i) the date of the member's death;
`(ii) the date of termination of the insurance on the member's life under this subchapter;
`(iii) the date of the dependent's death; or
`(iv) the termination of the dependent's status as an insurable dependent of the member.
(2) Subsection (b)(1)(A) of such section is amended by inserting `(to insure against death of the member only)' after `converted to Veterans' Group Life Insurance'.
(d) PREMIUMS- Section 1969 of such title is amended by adding at the end the following:
`(g)(1) During any period in which any insurable dependent of a member is insured under this subchapter, there shall be deducted each month from the member's basic or other pay until separation or release from active duty an amount determined by the Secretary (which shall be the same for all such members) as the premium allocable to the pay period for providing that insurance coverage.
`(2)(A) The Secretary shall determine the premium amounts to be charged for life insurance coverage for dependents of members under this subchapter.
`(B) The premium amounts shall be determined on the basis of sound actuarial principles and shall include an amount necessary to cover the administrative costs to the insurer or insurers providing such insurance.
`(C) Each premium rate for the first policy year shall be continued for subsequent policy years, except that the rate may be adjusted for any such subsequent policy year on the basis of the experience under the policy, as determined by the Secretary in advance of that policy year.
`(h) Any overpayment of a premium for insurance coverage for an insurable dependent of a member that is terminated under section 1968(a)(5) of this title shall be refunded to the member.'.
(e) PAYMENTS OF INSURANCE PROCEEDS- Section 1970 of such title is amended by adding at the end the following:
`(h) Any amount of insurance in force on an insurable dependent of a member under this subchapter on the date of the dependent's death shall be paid, upon the establishment of a valid claim therefor, to the member or, in the event of the member's death before payment to the member can be made, then to the person or persons entitled to receive payment of the proceeds of insurance on the member's life under this subchapter.'.
(f) EFFECTIVE DATE AND INITIAL IMPLEMENTATION- (1) This section and the amendments made by this section shall take effect on the first day of the first month that begins more than 120 days after the date of the enactment of this Act, except that paragraph (2) shall take effect on the date of the enactment of this Act.
(2) The Secretary of Veterans Affairs, in consultation with the Secretaries of the military departments, the Secretary of Transportation, the Secretary of Commerce and the Secretary of Health and Human Services, shall take such action as is necessary to ensure that each member of the uniformed services on active duty (other than active duty for training) during the period between the date of the enactment of this Act and the effective date determined under paragraph (1) is furnished an explanation of the insurance benefits available for dependents under the amendments made by this section and is afforded an opportunity before such effective date to make elections that are authorized under those amendments to be made with respect to dependents.
SEC. 649. FEES PAID BY RESIDENTS OF THE ARMED FORCES RETIREMENT HOME.
(a) NAVAL HOME- Section 1514 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 414) is amended by striking subsection (d) and inserting the following:
`(d) NAVAL HOME- The monthly fee required to be paid by a resident of the Naval Home under subsection (a) shall be as follows:
`(1) For a resident in an independent living status, $500.
`(2) For a resident in an assisted living status, $750.
`(3) For a resident of a skilled nursing facility, $1,250.'.
(b) UNITED STATES SOLDIERS' AND AIRMEN'S HOME- Subsection (c) of such section is amended--
(1) by striking `(c) FIXING FEES- ' and inserting `(c) UNITED STATES SOLDIERS' AND AIRMEN'S HOME- ';
(A) by striking `the fee required by subsection (a) of this section' and inserting `the fee required to be paid by residents of the United States Soldiers' and Airmen's Home under subsection (a)'; and
(B) by striking `needs of the Retirement Home' and inserting `needs of that establishment'; and
(3) in paragraph (2), by striking the second sentence.
(c) SAVINGS PROVISION- Such section is further amended by adding at the end the following:
`(e) RESIDENTS BEFORE FISCAL YEAR 2001- A resident of the Retirement Home on September 30, 2000, may not be charged a monthly fee under this section in an amount that exceeds the amount of the monthly fee charged that resident for the month of September 2000.'.
(d) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 2000.
SEC. 650. COMPUTATION OF SURVIVOR BENEFITS.
(a) INCREASED BASIC ANNUITY- (1) Subsection (a)(1)(B)(i) of section 1451 of title 10, United States Code, is amended by striking `35 percent of the base amount.' and inserting `the product of the base amount and the percent applicable for the month. The percent applicable for a month is 35 percent for months beginning on or before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2001, 40 percent for months beginning after such date and before October 2004, and 45 percent for months beginning after September 2004.'.
(2) Subsection (a)(2)(B)(i)(I) of such section is amended by striking `35 percent' and inserting `the percent specified under subsection (a)(1)(B)(i) as being applicable for the month'.
(3) Subsection (c)(1)(B)(i) of such section is amended--
(A) by striking `35 percent' and inserting `the applicable percent'; and
(B) by adding at the end the following: `The percent applicable for a month under the preceding sentence is the percent specified under subsection (a)(1)(B)(i) as being applicable for the month.'.
(4) The heading for subsection (d)(2)(A) of such section is amended to read as follows: `COMPUTATION OF ANNUITY- '.
(b) ADJUSTED SUPPLEMENTAL ANNUITY- Section 1457(b) of title 10, United States Code, is amended--
(1) by striking `5, 10, 15, or 20 percent' and inserting `the applicable percent'; and
(2) by inserting after the first sentence the following: `The percent used for the computation shall be an even multiple of 5 percent and, whatever the percent specified in the election, may not exceed 20 percent for months beginning on or before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2001, 15 percent for months beginning after that date and before October 2004, and 10 percent for months beginning after September 2004.'.
(c) RECOMPUTATION OF ANNUITIES- (1) Effective on the first day of each month referred to in paragraph (2)--
(A) each annuity under section 1450 of title 10, United States Code, that commenced before that month, is computed under a provision of section 1451 of that title amended by subsection (a), and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that provision, as so amended, had been used for the initial computation of the annuity; and
(B) each supplemental survivor annuity under section 1457 of such title that commenced before that month and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that section, as amended by this section, had been used for the initial computation of the supplemental survivor annuity.
(2) The requirements for recomputation of annuities under paragraph (1) apply with respect to the following months:
(A) The first month that begins after the date of the enactment of this Act.
(d) RECOMPUTATION OF RETIRED PAY REDUCTIONS FOR SUPPLEMENTAL SURVIVOR ANNUITIES- The Secretary of Defense shall take such actions as are necessitated by the amendments made by subsection (b) and the requirements of subsection (c)(1)(B) to ensure that the reductions in retired pay under section 1460 of title 10, United States Code, are adjusted to achieve the objectives set forth in subsection (b) of that section.
SEC. 651. EQUITABLE APPLICATION OF EARLY RETIREMENT ELIGIBILITY REQUIREMENTS TO MILITARY RESERVE TECHNICIANS.
(a) TECHNICIANS COVERED BY FERS- Paragraph (1) of section 8414(c) of title 5, United States Code, is amended by striking `after becoming 50 years of age and completing 25 years of service' and inserting `after completing 25 years of service or after becoming 50 years of age and completing 20 years of service'.
(b) TECHNICIANS COVERED BY CSRS- Section 8336 of title 5, United States Code, is amended by adding at the end the following new subsection:
`(p) Section 8414(c) of this title applies--
`(1) under paragraph (1) of such section to a military reserve technician described in that paragraph for purposes of determining entitlement to an annuity under this subchapter; and
`(2) under paragraph (2) of such section to a military technician (dual status) described in that paragraph for purposes of determining entitlement to an annuity under this subchapter.'.
(c) TECHNICAL AMENDMENT- Section 1109(a)(2) of Public Law 105-261 (112 Stat. 2143) is amended by striking `adding at the end' and inserting `inserting after subsection (n)'.
(d) APPLICABILITY- Subsection (c) of section 8414 of such title (as amended by subsection (a)), and subsection (p) of section 8336 of title 5, United States Code (as added by subsection (b)), shall apply according to the provisions thereof with respect to separations from service referred to in such subsections that occur on or after October 5, 1999.
SEC. 652. CONCURRENT PAYMENT TO SURVIVING SPOUSES OF DISABILITY AND INDEMNITY COMPENSATION AND ANNUITIES UNDER SURVIVOR BENEFIT PLAN.
(a) CONCURRENT PAYMENT- Section 1450 of title 10, United States Code, is amended by striking subsection (c).
(b) CONFORMING AMENDMENTS- That section is further amended by striking subsections (e) and (k).
(c) EFFECTIVE DATE- The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to the payment of annuities under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, for months beginning on or after that date.
(d) RECOMPUTATION OF ANNUITIES- The Secretary of Defense shall provide for the readjustment of any annuities to which subsection (c) of section 1450 of title 10, United States Code, applies as of the date before the date of the enactment of this Act, as if the adjustment otherwise provided for under such subsection (c) had never been made.
(e) PROHIBITION ON RETROACTIVE BENEFITS- No benefits shall be paid to any person by virtue of the amendments made by this section for any period before the effective date of the amendments as specified in subsection (c).
Subtitle E--Other Matters
SEC. 661. REIMBURSEMENT OF RECRUITING AND ROTC PERSONNEL FOR PARKING EXPENSES.
(a) IN GENERAL- Chapter 53 of title 10, United States Code, is amended by inserting after section 1053 the following new section:
`Sec. 1053a. Reimbursement of recruiting and ROTC personnel: parking expenses
`(a) AUTHORITY- The Secretary concerned may, under regulations prescribed by the Secretary of Defense, reimburse eligible Department of Defense personnel for expenses incurred for parking a privately owned vehicle at a place of duty.
`(b) ELIGIBILITY- A member of the armed forces or employee of the Department of Defense is eligible for reimbursement under subsection (a) while--
`(1) assigned to duty as a recruiter for any of the armed forces;
`(2) assigned to duty at a military entrance processing facility of the armed forces; or
`(3) detailed for instructional and administrative duties at any institution where a unit of the Senior Reserve Officers' Training Corps is maintained.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1053 the following:
`1053a. Reimbursement of recruiting and ROTC personnel: parking expenses.'.
SEC. 662. EXTENSION OF DEADLINE FOR FILING CLAIMS ASSOCIATED WITH CAPTURE AND INTERNMENT OF CERTAIN PERSONS BY NORTH VIETNAM.
Section 657(d)(1) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2585) is amended by adding at the end the following: `The Secretary may extend the time limitation under the preceding sentence for up to 18 months in the case of any claim for which the Secretary determines that the extension is necessary to prevent an injustice or that a failure to file within the time limitation is due to excusable neglect.'.
SEC. 663. SETTLEMENT OF CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED LEAVE AND FOR RETIRED PAY.
(a) CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED LEAVE- Subsection (a)(1) of section 3702 of title 31, United States Code, is amended by inserting `payments for unused accrued leave,' after `transportation,'.
(b) WAIVER OF TIME LIMITATIONS- Subsection (e)(1) of such section is amended by striking `claim for pay or allowances under title 37' and inserting `claim for pay, allowances, or payment for unused accrued leave under title 37 or a claim for retired pay under title 10'.
SEC. 664. ELIGIBILITY OF CERTAIN MEMBERS OF THE INDIVIDUAL READY RESERVE FOR SERVICEMEMBERS' GROUP LIFE INSURANCE.
Section 1965(5) of title 38, United States Code, is amended--
(1) by striking `and' at the end of subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (D); and
(3) by inserting after subparagraph (B) the following new subparagraph (C):
`(C) a person who volunteers for assignment to a category in the Individual Ready Reserve of a uniformed service that is subject to an involuntary call to active duty under section 12304 of title 10; and'.
SEC. 665. AUTHORITY TO PAY GRATUITY TO CERTAIN VETERANS OF BATAAN AND CORREGIDOR.
(a) PAYMENT OF GRATUITY AUTHORIZED- The Secretary of Veterans Affairs may pay a gratuity to a covered veteran, or to the surviving spouse of a covered veteran, in the amount of $20,000.
(b) COVERED VETERAN DEFINED- For purposes of subsection (a), the term `covered veteran' means any veteran of the Armed Forces who--
(1) served at Bataan or Corregidor in the Philippines during World War II;
(2) was captured and held as a prisoner of war by Japan as a result of such service; and
(3) was required by Japan to perform slave labor in Japan during World War II.
(c) RELATIONSHIP TO OTHER PAYMENTS- Any amount paid a person under this section for activity described in subsection (b) is in addition to any other amount paid such person for such activity under any other provision of law.
SEC. 666. CONCURRENT PAYMENT OF RETIRED PAY AND COMPENSATION FOR RETIRED MEMBERS WITH SERVICE-CONNECTED DISABILITIES.
(a) CONCURRENT PAYMENT- Section 5304(a) of title 38, United States Code, is amended by adding at the end the following new paragraph:
`(3) Notwithstanding the provisions of paragraph (1) and section 5305 of this title, compensation under chapter 11 of this title may be paid to a person entitled to receive retired or retirement pay described in such section 5305 concurrently with such person's receipt of such retired or retirement pay.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and apply with respect to payments of compensation for months beginning on or after that date.
(c) PROHIBITION ON RETROACTIVE BENEFITS- No benefits shall be paid to any person by virtue of the amendment made by subsection (a) for any period before the effective date of this Act as specified in subsection (b).
SEC. 667. TRAVEL BY RESERVES ON MILITARY AIRCRAFT TO AND FROM LOCATIONS OUTSIDE THE CONTINENTAL UNITED STATES FOR INACTIVE-DUTY TRAINING.
(a) SPACE-REQUIRED TRAVEL- Subsection (a) of section 18505 of title 10, United States Code, is amended--
(1) by inserting `residence or' after `In the case of a member of a reserve component whose'; and
(2) by inserting after `(including a place' the following: `of inactive-duty training'.
(b) CLERICAL AMENDMENTS- (1) The heading of such section is amended to read as follows:
`Sec. 18505. Space-required travel: Reserves traveling to inactive-duty training'.
(2) The item relating to such section in the table of sections at the beginning of such chapter is amended to read as follows:
`18505. Space-required travel: Reserves traveling to inactive-duty training.'.
SEC. 668. 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 this title 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 this title 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. 669. 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: `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. 670. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF THE SELECTED RESERVE OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE.
(a) IN GENERAL- Subsection (a) of section 16133 of title 10, United States Code, is amended by striking `(1) at the end' and all that follows through the end and inserting `on the date the person is separated from the Selected Reserve.'.
(b) CERTAIN MEMBERS- Paragraph (1) of subsection (b) of that section is amended in the flush matter following subparagraph (B) by striking `shall be determined' and all that follows through the end and inserting `shall expire on the later of (i) the 10-year period beginning on the date on which such person becomes entitled to educational assistance under this chapter, or (ii) the end of the 4-year period beginning on the date such person is separated from, or ceases to be, a member of the Selected Reserve.'.
(c) CONFORMING AMENDMENTS- Subsection (b) of that section is further amended--
(1) in paragraph (2), by striking `subsection (a)' and inserting `subsections (a) and (b)(1)';
(2) in paragraph (3), by striking `subsection (a)' and inserting `subsection (b)(1)'; and
(A) in subparagraph (A), by striking `subsection (a)' and inserting `subsections (a) and (b)(1)'; and
(B) in subparagraph (B), by striking `clause (2) of such subsection' and inserting `subsection (a)'.
SEC. 671. RECOGNITION OF MEMBERS OF THE ALASKA TERRITORIAL GUARD AS VETERANS.
(a) IN GENERAL- Section 106 of title 38, United States Code, is amended by adding at the end the following new subsection:
`(f) Service as a member of the Alaska Territorial Guard during World War II of any individual who was honorably discharged therefrom under section 656(b) of the National Defense Authorization Act for Fiscal Year 2001 shall be considered active duty for purposes of all laws administered by the Secretary.'.
(b) DISCHARGE- (1) The Secretary of Defense shall issue to each individual who served as a member of the Alaska Territorial Guard during World War II a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants.
(2) A discharge under paragraph (1) shall designate the date of discharge. The date of discharge shall be the date, as determined by the Secretary, of the termination of service of the individual concerned as described in that paragraph.
(c) PROHIBITION ON RETROACTIVE BENEFITS- No benefits shall be paid to any individual for any period before the date of the enactment of this Act by reason of the enactment of this section.
SEC. 672. CLARIFICATION OF DEPARTMENT OF VETERANS AFFAIRS DUTY TO ASSIST.
(a) IN GENERAL- Section 5107 of title 38, United States Code, is amended to read as follows:
`Sec. 5107 Assistance to claimants; benefit of the doubt; burden of proof
`(a) The Secretary shall assist a claimant in developing all facts pertinent to a claim for benefits under this title. Such assistance shall include requesting information as described in section 5106 of this title. The Secretary shall provide a medical examination when such examination may substantiate entitlement to the benefits sought. The Secretary may decide a claim without providing assistance under this subsection when no reasonable possibility exists that such assistance will aid in the establishment of entitlement.
`(b) The Secretary shall consider all evidence and material of record in a case before the Department with respect to benefits under laws administered by the Secretary and shall give the claimant the benefit of the doubt when there is an approximate balance of positive and negative evidence regarding any issue material to the determination of the matter.
`(c) Except when otherwise provided by this title or by the Secretary in accordance with the provisions of this title, a person who submits a claim for benefits under a law administered by the Secretary shall have the burden of proof.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 51 of that title is amended by striking the item relating to section 5017 and inserting the following new item:
`5107 Assistance to claimants; benefit of the doubt; burden of proof.'.
SEC. 673. BACK PAY FOR MEMBERS OF THE NAVY AND MARINE CORPS APPROVED 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 back pay to a claimant 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 claimant was approved.
(b) PROPER CLAIMANT FOR DECEASED FORMER MEMBER- In the case of a person described in subsection (a) who is deceased, the back pay for that deceased person under this section shall be paid to a member or members of the family of the deceased person determined appropriate in the same manner as is provided in section 6(c) of the War Claims Act of 1948 (50 U.S.C. App. 2005(c)).
(c) AMOUNT OF BACK PAY- The amount of back pay payable to or for a person described in subsection (a) is the amount equal to the excess of--
(1) the total amount of basic pay that would have been paid to that person for service in the Navy or the Marine Corps if the person had been promoted on the date on which the promotion was approved, over
(2) the total amount of basic pay that was paid to or for that person for such service on and after that date.
(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 Defense within two years after the effective date of the regulations implementing 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- The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall include procedures by which persons may submit claims for payment under this section. Such regulations shall be prescribed not later than six months after the date of the enactment of this Act.
(f) LIMITATION ON DISBURSEMENT- (1) Notwithstanding any power of attorney, assignment of interest, contract, or other agreement, the actual disbursement of a payment under this section may be made only to each person who is eligible for the payment under subsection (a) or (b) and only--
(A) upon the appearance of that person, in person, at any designated disbursement office in the United States or its territories; or
(B) at such other location or in such other manner as that person may request in writing.
(2) In the case of a claim approved for payment but not disbursed as a result of operation of paragraph (1), the Secretary of Defense 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 the term in section 101(8) of title 38, United States Code.
Subtitle F--Education Benefits
SEC. 681. SHORT TITLE.
This subtitle may be cited as the `Helping Our Professionals Educationally (HOPE) Act of 2000'.
SEC. 682. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE BY CERTAIN MEMBERS OF THE ARMED FORCES.
(a) AUTHORITY TO TRANSFER TO FAMILY MEMBERS- (1) Subchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section:
`Sec. 3020. Transfer of entitlement to basic educational assistance: members of the Armed Forces
`(a)(1) Subject to the provisions of this section, the Secretary of each military department may, for the purpose of enhancing recruiting and retention and at such Secretary's sole discretion, permit an individual described in paragraph (2) who is entitled to basic educational assistance under this subchapter to elect to transfer such individual's entitlement to such assistance, in whole or in part, to the dependents specified in subsection (b).
`(2) An individual referred to in paragraph (1) is any individual who is a member of the Armed Forces at the time of the approval by the Secretary of the military department concerned of the individual's request to transfer entitlement to educational assistance under this section.
`(3) The Secretary of the military department concerned may not approve an individual's request to transfer entitlement to educational assistance under this section until the individual has completed six years of service in the Armed Forces.
`(4) Subject to the time limitation for use of entitlement under section 3031 of this title, an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement at any time after the approval of individual's request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed.
`(b) An individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual's entitlement to such assistance as follows:
`(1) To the individual's spouse.
`(2) To one or more of the individual's children.
`(3) To a combination of the individuals referred to in paragraphs (1) and (2).
`(c)(1) An individual transferring an entitlement to basic educational assistance under this section shall--
`(A) designate the dependent or dependents to whom such entitlement is being transferred and the percentage of such entitlement to be transferred to each such dependent; and
`(B) specify the period for which the transfer shall be effective for each dependent designated under subparagraph (A).
`(2) The aggregate amount of the entitlement transferable by an individual under this section may not exceed the aggregate amount of the entitlement of such individual to basic educational assistance under this subchapter.
`(3) An individual transferring an entitlement under this section may modify or revoke the transfer at any time before the use of the transferred entitlement begins. An individual shall make the modification or revocation by submitting written notice of the action to the Secretary of the military department concerned.
`(d)(1) A dependent to whom entitlement to educational assistance is transferred under this section may not commence the use of the transferred entitlement until the completion by the individual making the transfer of 10 years of service in the Armed Forces.
`(2) The use of any entitlement transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used.
`(3) Except as provided in under subsection (c)(1)(B) and subject to paragraphs (4) and (5), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this subchapter in the same manner and at the same rate as the individual from whom the entitlement was transferred.
`(4) Notwithstanding section 3031 of this title, a child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years.
`(5) The administrative provisions of this chapter (including the provisions set forth in section 3034(a)(1) of this title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions.
`(e) In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of this title.
`(f) The Secretary of a military department may approve transfers of entitlement to educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in the fiscal year for purposes of making transfers of funds under section 2006 of title 10 with respect to such transfers of entitlement.
`(g) The Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (c)(3) and shall specify the manner of the applicability of the administrative provisions referred to in subsection (d)(5) to a dependent to whom entitlement is transferred under this section.
`(h)(1) Not later than January 31, 2002, and each year thereafter, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the transfers of entitlement under this section that were approved by such Secretary during the preceding year.
`(2) Each report shall set forth--
`(A) the number of transfers of entitlement under this section that were approved by such Secretary during the preceding year; or
`(B) if no transfers of entitlement under this section were approved by such Secretary during that year, a justification for such Secretary's decision not to approve any such transfers of entitlement during that year.'.
(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3019 the following new item:
`3020. Transfer of entitlement to basic educational assistance: members of the Armed Forces.'.
(b) TREATMENT UNDER DEPARTMENT OF DEFENSE EDUCATION BENEFITS FUND- Section 2006(b)(2) of title 10, United States Code, is amended by adding at the end the following:
`(D) The present value of the future benefits payable from the Fund as a result of transfers under section 3020 of title 38 of entitlement to basic educational assistance under chapter 30 of title 38.'
(c) PLAN FOR IMPLEMENTATION- Not later than June 30, 2001, the Secretary of Defense shall submit to Congress a report describing the manner in which the Secretaries of the military departments propose to exercise the authority granted by section 3020 of title 38, United States Code, as added by subsection (a).
SEC. 683. PARTICIPATION OF ADDITIONAL MEMBERS OF THE ARMED FORCES IN MONTGOMERY GI BILL PROGRAM.
(a) PARTICIPATION AUTHORIZED- (1) Subchapter II of chapter 30 of title 38, United States Code, as amended by section 682(a) of this Act, is further amended by inserting after section 3018C the following new section:
`Sec. 3018D. Opportunity to enroll: certain VEAP participants; active duty personnel not previously enrolled
`(a)(1) Notwithstanding any other provision of law and subject to the provisions of this section, the Secretary concerned may, for the purpose of enhancing recruiting and retention and at such Secretary's sole discretion, permit an individual described in subsection (b) to elect under subsection (c) to become entitled to basic educational assistance under this chapter.
`(2) The Secretary concerned may permit an individual to elect to become entitled to basic educational assistance under this section only if sufficient funds are available in accordance with this section for purposes of payments by the Secretary of Defense into the Department of Defense Education Benefits Fund under section 2006 of title 10 with respect to such election.
`(3) An individual who makes an election to become entitled to basic educational assistance under this section shall be entitled to basic educational assistance under this chapter.
`(b) An individual eligible to be permitted to make an election under this section is an individual who--
`(A)(i) is a participant on the date of the enactment of this section in the educational benefits program provided by chapter 32 of this title; or
`(ii) disenrolled from participation in that program before that date; or
`(B) has made an election under section 3011(c)(1) or 3012(d)(1) of this title not to receive educational assistance under this chapter and has not withdrawn that election under section 3018(a) of this title as of that date;
`(2) is serving on active duty (excluding periods referred to in section 3202(1)(C) of this title in the case of an individual described in paragraph (1)(A)) on that date; and
`(3) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed the equivalent of 12 semester hours in a program of education leading to a standard college degree.
`(c) An individual permitted to make an election under this section to become entitled to basic educational assistance under this chapter shall make an irrevocable election to receive benefits under this section in lieu of benefits under chapter 32 of this title or withdraw the election made under section 3011(c)(1) or 3012(d)(1) of this title, as the case may be, pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Transportation shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy.
`(d)(1) Except as provided in paragraphs (2) and (3), in the case of an individual who makes an election under this section to become entitled to basic educational assistance under this chapter, the basic pay of the individual shall be reduced (in a manner determined by the Secretary of Defense) until the total amount by which such basic pay is reduced is--
`(A) $1,200, in the case of an individual described in subsection (b)(1)(A); or
`(B) $1,500, in the case of an individual described in subsection (b)(1)(B).
`(2) In the case of an individual previously enrolled in the educational benefits program provided by chapter 32 of this title, the total amount of the reduction in basic pay otherwise required by paragraph (1) shall be reduced by an amount equal to so much of the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account under section 3222(a) of this title as do not exceed $1,200.
`(3) An individual may at any time pay the Secretary concerned an amount equal to the difference between the total of the reductions otherwise required with respect to the individual under this subsection and the total amount of the reductions made with respect to the individual under this subsection as of the time of the payment.
`(4) The Secretary concerned shall transfer to the Secretary of Defense amounts retained with respect to individuals under paragraph (1) and amounts, if any, paid by individuals under paragraph (3).
`(e)(1) An individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (c) shall be disenrolled from the program as of the date of such election.
`(2) For each individual who is disenrolled from such program, the Secretary shall transfer to Secretary of Defense any amounts in the Post-Vietnam Era Veterans Education Account that are attributable to the individual, including amounts in the Account that are attributable to the individual by reason of contributions made by the Secretary of Defense under section 3222(c) of this title.
`(f) With respect to each individual electing under this section to become entitled to basic educational assistance under this chapter, the Secretary concerned shall transfer to the Secretary of Defense, from appropriations for military personnel that are available for transfer, an amount equal to the difference between--
`(1) the amount required to be paid by the Secretary of Defense into the Department of Defense Education Benefits Fund with respect to such election; and
`(2) the aggregate amount transferred to the Secretary of Defense with respect to the individual under subsections (d) and (e).
`(g) The Secretary of Defense shall utilize amounts transferred to such Secretary under this section for purposes of payments into the Department of Defense Education Benefits Fund with respect to the provision of benefits under this chapter for individuals making elections under this section.
`(h)(1) The requirements of sections 3011(a)(3) and 3012(a)(3) of this title shall apply to an individual who makes an election under this section, except that the completion of service referred to in such section shall be the completion of the period of active duty being served by the individual on the date of the enactment of this section.
`(2) The procedures provided in regulations referred to in subsection (c) shall provide for notice of the requirements of subparagraphs (B), (C), and (D) of section 3011(a)(3) of this title and of subparagraphs (B), (C), and (D) of section 3012(a)(3) of this title. Receipt of such notice shall be acknowledged in writing.
`(i)(1) Not later than January 31, 2002, and each year thereafter, each Secretary concerned shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the members of the Armed Forces under the jurisdiction of such Secretary who were permitted to elect to become entitled to basic educational assistance under this section during the preceding year.
`(2) Each report shall set forth--
`(A) the number of members who were permitted to elect to become entitled to basic educational assistance under this section during the preceding year;
`(B) the number of members so permitted who elected to become entitled to basic educational assistance during that year; and
`(C) if no members were so permitted during that year, a justification for such Secretary's decision not to permit any members to elect to become so entitled during that year.'.
(2) The table of sections at the beginning of chapter 30 of that title, as amended by section 682(a) of this Act, is further amended by inserting after the item relating to section 3018C the following new item:
`3018D. Opportunity to enroll: certain VEAP participants; active duty personnel not previously enrolled.'.
(b) CONFORMING AMENDMENT- Section 3015(f) of that title is amended by striking `or 3018C' and inserting `3018C, or 3018D'.
(c) TREATMENT UNDER DEPARTMENT OF DEFENSE EDUCATION BENEFITS FUND- Section 2006(b)(2) of title 10, United States Code, as amended by section 682(b) of this Act, is further amended by adding at the end the following:
`(E) The present value of the future benefits payable from the Fund as a result of elections under section 3018D of title 38 of entitlement to basic educational assistance under chapter 30 of title 38.'.
(d) PLANS FOR IMPLEMENTATION- (1) Not later than June 30, 2001, the Secretary of Defense shall submit to Congress a report describing the manner in which the Secretaries of the military departments propose to exercise the authority granted by section 3018A of title 38, United States Code, as added by subsection (a).
(2) Not later than June 30, 2001, the Secretary of Transportation shall submit to Congress a report describing the manner in which that Secretary proposes to exercise the authority granted by such section 3018A with respect to members of the Coast Guard.
SEC. 684. MODIFICATION OF AUTHORITY TO PAY TUITION FOR OFF-DUTY TRAINING AND EDUCATION.
(a) AUTHORITY TO PAY ALL CHARGES- Section 2007 of title 10, United States Code, is amended--
(1) by striking subsections (a) and (b) and inserting the following new subsections:
`(a) Subject to subsection (b), the Secretary of a military department may pay all or a portion of the charges of an educational institution for the tuition or expenses of a member of the armed forces enrolled in such educational institution for education or training during the member's off-duty periods.
`(b) In the case of a commissioned officer on active duty, the Secretary of the military department concerned may not pay charges under subsection (a) unless the officer agrees to remain on active duty for a period of at least two years after the completion of the training or education for which the charges are paid.'; and
(A) by striking `(within the limits set forth in subsection (a))' in the matter preceding paragraph (1); and
(B) in paragraph (3), by striking `subsection (a)(3)' and inserting `subsection (b)'.
(b) USE OF ENTITLEMENT TO ASSISTANCE UNDER MONTGOMERY GI BILL FOR PAYMENT OF CHARGES- (1) That section is further amended by adding at the end the following new subsection:
`(e)(1) A member of the armed forces who is entitled to basic educational assistance under chapter 30 of title 38 may use such entitlement for purposes of paying any portion of the charges described in subsection (a) or (c) that are not paid for by the Secretary of the military department concerned under such subsection.
`(2) The use of entitlement under paragraph (1) shall be governed by the provisions of section 3014(b) of title 38.'.
(2) Section 3014 of title 38, United States Code, is amended--
(A) by inserting `(a)' before `The Secretary'; and
(B) by adding at the end the following new subsection:
`(b)(1) In the case of an individual entitled to basic educational assistance who is pursuing education or training described in subsection (a) or (c) of section 2007 of title 10, the Secretary shall, at the election of the individual, pay the individual a basic educational assistance allowance to meet all or a portion of the charges of the educational institution for the education or training that are not paid by the Secretary of the military department concerned under such subsection.
`(2)(A) The amount of the basic educational assistance allowance payable to an individual under this subsection for a month shall be the amount of the basic educational assistance allowance to which the individual would be entitled for the month under section 3015 of this title (without regard to subsection (g) of that section) were payment made under that section instead of under this subsection.
`(B) The maximum number of months for which an individual may be paid a basic educational assistance allowance under paragraph (1) is 36.'.
(3) Section 3015 of title 38, United States Code, is amended--
(A) by striking `subsection (g)' each place it appears in subsections (a) and (b);
(B) by redesignating subsection (g) as subsection (h); and
(C) by inserting after subsection (f) the following new subsection (g):
`(g) In the case of an individual who has been paid a basic educational assistance allowance under section 3014(b) of this title, the rate of the basic educational assistance allowance applicable to the individual under this section shall be the rate otherwise applicable to the individual under this section reduced by an amount equal to--
`(1) the aggregate amount of such allowances paid the individual under such section 3014(b); divided by
SEC. 685. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF SELECTED RESERVE OF ENTITLEMENT TO CERTAIN EDUCATIONAL ASSISTANCE.
Section 16133(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(5)(A) In the case of a person who continues to serve as member of the Selected Reserve as of the end of the 10-year period applicable to the person under subsection (a), as extended, if at all, under paragraph (4), the period during which the person may use the person's entitlement shall expire at the end of the 5-year period beginning on the date the person is separated from the Selected Reserve.
`(B) The provisions of paragraph (4) shall apply with respect to any period of active duty of a person referred to in subparagraph (A) during the 5-year period referred to in that subparagraph.'.
Subtitle G--Additional Benefits For Reserves and Their Dependents
SEC. 691. SENSE OF CONGRESS.
It is the sense of Congress that it is in the national interest for the President to provide the funds for the reserve components of the Armed Forces (including the National Guard and Reserves) that are sufficient to ensure that the reserve components meet the requirements specified for the reserve components in the National Military Strategy, including training requirements.
SEC. 692. TRAVEL BY RESERVES ON MILITARY AIRCRAFT.
(a) SPACE-REQUIRED TRAVEL FOR TRAVEL TO DUTY STATIONS INCONUS AND OCONUS- (1) 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 to a place of annual training duty or inactive-duty training (including a place other than 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 such duty or training.'.
(2) The heading of such section is amended to read as follows:
`Sec. 18505. Reserves traveling to annual training duty or inactive-duty training: authority for space-required travel'.
(b) SPACE-AVAILABLE TRAVEL FOR MEMBERS OF SELECTED RESERVE AND DEPENDENTS- Chapter 1805 of such title is amended by adding at the end the following new section:
`Sec. 18506. Space-available travel: Selected Reserve members and dependents
`(a) ELIGIBILITY FOR SPACE-AVAILABLE TRAVEL- The Secretary of Defense shall prescribe regulations to allow persons described in subsection (b) to receive transportation on aircraft of the Department of Defense on a space-available basis under the same terms and conditions (including terms and conditions applicable to travel outside the United States) as apply to members of the armed forces entitled to retired pay.
`(b) PERSONS ELIGIBLE- Subsection (a) applies to a person who is a member of the Selected Reserve in good standing (as determined by the Secretary concerned) or who is a participating member of the Individual Ready Reserve of the Navy or Coast Guard in good standing (as determined by the Secretary concerned).
`(c) DEPENDENTS- A dependent of a person described in subsection (b) shall be provided transportation under this section on the same basis as dependents of members of the armed forces entitled to retired pay.
`(d) LIMITATION ON REQUIRED IDENTIFICATION- Neither the `Authentication of Reserve Status for Travel Eligibility' form (DD Form 1853), nor or any other form, other than the presentation of military identification and duty orders upon request, or other methods of identification required of active duty personnel, shall be required of reserve component personnel using space-available transportation within or outside the continental United States under this section.'.
(c) CLERICAL AMENDMENTS- The table of sections at the beginning of such chapter is amended by striking the item relating to section 18505 and inserting the following new items:
`18505. Reserves traveling to annual training duty or inactive-duty training: authority for space-required travel.
`18506. Space-available travel: Selected Reserve members and dependents.'.
(d) IMPLEMENTING REGULATIONS- Regulations under section 18506 of title 10, United States Code, as added by subsection (b), shall be prescribed not later than 180 days after the date of the enactment of this Act.
SEC. 693. 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. 694. 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 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 National Defense Authorization Act for Fiscal Year 2001 and in any subsequent year of service.'.
SEC. 695. 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 of the armed forces 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), but only during the period that begins on the date of the release and is equal to at least twice the length of the period served on active duty under such 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.
TITLE VII--HEALTH CARE
Subtitle A--Senior Health Care
SEC. 701. CONDITIONS FOR ELIGIBILITY FOR CHAMPUS UPON THE ATTAINMENT OF 65 YEARS OF AGE.
(a) ELIGIBILITY OF MEDICARE ELIGIBLE PERSONS- Section 1086(d) of title 10, United States Code, is amended--
(1) 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
(2) 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'.
(b) EXTENSION OF TRICARE SENIOR PRIME DEMONSTRATION PROGRAM- Paragraph (4) of section 1896(b) of the Social Security Act (42 U.S.C. 1395ggg(b)) is amended by striking `3-year period beginning on January 1, 1998' and inserting `period beginning on January 1, 1998, and ending on December 31, 2001'.
(c) EFFECTIVE DATES- (1) The amendments made by subsection (a) shall take effect on October 1, 2001.
(2) The amendment made by subsection (b) shall take effect on the date of the enactment of this Act.
(d) ADJUSTMENT FOR BUDGET-RELATED RESTRICTIONS- Effective on October 1, 2003, section 1086(d)(2) of title 10, United States Code, as amended by subsection (a), is further amended by striking `in the case of a person under 65 years of age,' and inserting `is under 65 years of age and'.
Subtitle B--TRICARE Program
SEC. 711. ADDITIONAL BENEFICIARIES UNDER TRICARE PRIME REMOTE PROGRAM IN CONUS.
(a) COVERAGE OF OTHER UNIFORMED SERVICES- (1) Section 1074(c) of title 10, United States Code, is amended--
(A) by striking `armed forces' each place it appears, except in paragraph (3)(A), and inserting `uniformed services';
(B) in paragraph (1), by inserting after `military department' in the first sentence the following: `, the Department of Transportation (with respect to the Coast Guard when it is not operating as a service in the Navy), or the Department of Health and Human Services (with respect to the National Oceanic and Atmospheric Administration and the Public Health Service)';
(C) in paragraph (2), by adding at the end the following:
`(C) The Secretary of Defense shall consult with the other administering Secretaries in the administration of this paragraph.'; and
(D) in paragraph (3)(A), by striking `The Secretary of Defense may not require a member of the armed forces described in subparagraph (B)' and inserting `A member of the uniformed services described in subparagraph (B) may not be required'.
(2)(A) Subsections (b), (c), and (d)(3) of section 731 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1811; 10 U.S.C. 1074 note) are amended by striking `Armed Forces' and inserting `uniformed services'.
(B) Subsection (b) of such section is further amended by adding at the end the following:
`(4) The Secretary of Defense shall consult with the other administering Secretaries in the administration of this subsection.'.
(C) Subsection (f) of such section is amended by adding at the end the following:
`(3) The terms `uniformed services' and `administering Secretaries' have the meanings given those terms in section 1072 of title 10, United States Code.'.
(3) Section 706(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 684) is amended by striking `Armed Forces' and inserting `uniformed services (as defined in section 1072(1) of title 10, United States Code)'.
(b) COVERAGE OF IMMEDIATE FAMILY- (1) Section 1079 of title 10, United States Code, is amended by adding at the end the following:
`(p)(1) Subject to such exceptions as the Secretary of Defense considers necessary, coverage for medical care under this section for the dependents referred to in subsection (a) of a member of the uniformed services referred to in section 1074(c)(3) of this title who are residing with the member, and standards with respect to timely access to such care, shall be comparable to coverage for medical care and standards for timely access to such care under the managed care option of the TRICARE program known as TRICARE Prime.
`(2) The Secretary of Defense shall enter into arrangements with contractors under the TRICARE program or with other appropriate contractors for the timely and efficient processing of claims under this subsection.
`(3) The Secretary of Defense shall consult with the other administering Secretaries in the administration of this subsection.'.
(2) Section 731(b) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1811; 10 U.S.C. 1074 note) is amended--
(A) in paragraph (1), by adding at the end the following: `A dependent of the member, as described in subparagraph (A), (D), or (I) of section 1072(2) of title 10, United States Code, who is residing with the member shall have the same entitlement to care and to waiver of charges as the member.'; and
(B) in paragraph (2), by inserting `or dependent of the member, as the case may be,' after `(2) A member'.
(c) EFFECTIVE DATE- (1) The amendments made by subsection (a)(2), with respect to members of the uniformed services, and the amendments made by subsection (b)(2), with respect to dependents of members, shall take effect on the date of the enactment of this Act and shall expire with respect to a member or the dependents of a member, respectively, on the later of the following:
(A) The date that is one year after the date of the enactment of this Act.
(B) The date on which the amendments subsection (a)(1) or (b)(1) apply with respect to the coverage of medical care for and provision of such care to the member or dependents, respectively.
(2) Section 731(b)(3) of Public Law 105-85 does not apply to a member of the Coast Guard, the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service, or to a dependent of a member of a uniformed service.
SEC. 712. ELIMINATION OF COPAYMENTS FOR IMMEDIATE FAMILY.
(a) NO COPAYMENT FOR IMMEDIATE FAMILY- Section 1097a of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new subsection (e):
`(e) NO COPAYMENT FOR IMMEDIATE FAMILY- No copayment shall be charged a member for care provided under TRICARE Prime to a dependent of a member of the uniformed services described in subparagraph (A), (D), or (I) of section 1072 of this title.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect on October 1, 2000, and shall apply with respect to care provided on or after that date.
SEC. 713. IMPROVEMENT IN BUSINESS PRACTICES IN THE ADMINISTRATION OF THE TRICARE PROGRAM.
(a) REQUIREMENT- Not later than October 1, 2001, the Secretary of Defense shall take actions that the Secretary considers appropriate to improve the business practices used in administering the access of eligible persons to health care services through the TRICARE program under chapter 55 of title 10, United States Code, including the practices relating to the following:
(1) The availability and scheduling of appointments.
(2) The filing, processing, and payment of claims.
(3) Public relations efforts that are focused on outreach to eligible persons.
(4) The continuation of enrollments without expiration.
(5) The portability of enrollments nationwide.
(b) CONSULTATION- The Secretary of Defense shall consult with the other administering Secretaries in the development of the actions to be taken under subsection (a).
(c) REPORT- Not later than March 15, 2001, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the actions to be taken under subsection (a).
(d) DEFINITIONS- In this section the terms `administering Secretaries' and `TRICARE program' shall have the meanings given such terms in section 1072 of title 10, United States Code.
SEC. 714. 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 cost avoidance for specific procedures at the affected military medical treatment facilities;
(2) the Secretary determines that a specific procedure must be maintained 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. 715. ENHANCEMENT OF ACCESS TO TRICARE IN RURAL STATES.
(a) HIGHER MAXIMUM ALLOWABLE CHARGE- Section 1079(h) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking `paragraphs (2) and (3)' in the first sentence and inserting `paragraphs (2), (3), and (4)';
(2) by redesignating paragraph (4) as paragraph (5);
(3) by inserting after paragraph (3) the following new paragraph (4):
`(4)(A) The amount payable for a charge for a service provided by an individual health care professional or other noninstitutional health care provider in a rural State for which a claim is submitted under a plan contracted for under subsection (a) shall be equal to 80 percent of the customary and reasonable charge for services of that type when provided by such a professional or other provider, as the case may be, in that State.
`(B) A customary and reasonable charge shall be determined for the purposes of subparagraph (A) under regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries. In prescribing the regulations, the Secretary may also consult with the Administrator of the Health Care Financing Administration of the Department of Health and Human Services.'; and
(4) by adding at the end the following:
`(6) In this subsection the term `rural State' means a State that has, on average, as determined by the Bureau of the Census in the latest decennial census--
`(A) less than 76 residents per square mile; and
`(B) less than 211 actively practicing physicians (not counting physicians employed by the United States) per 100,000 residents.'.
(b) REPORT- (1) 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.
(2) The report shall include the following:
(A) The number of physicians in rural States who are withdrawing from participation, or otherwise refusing to participate, in the health care contracts.
(B) The reasons for the withdrawals and refusals.
(C) The actions that the Secretary of Defense can take to encourage more physicians to participate in the health care contracts.
(D) Any recommendations for legislation that the Secretary considers necessary to encourage more physicians to participate in the health care contracts.
(3) In this subsection, the term `rural State' has the meaning given that term in section 1079(h)(6) of title 10, United States Code (as added by subsection (a)).
Subtitle C--Joint Initiatives With Department of Veterans Affairs
SEC. 721. TRACKING PATIENT SAFETY IN MILITARY AND VETERANS HEALTH CARE SYSTEMS.
(a) CENTRALIZED TRACKING PROCESS- The Secretary of Defense and the Secretary of Veterans Affairs shall jointly prescribe a centralized process for the reporting, compiling, and analysis of errors in the provision of health care under the Defense Health Program and the Department of Veterans Affairs health care system that endanger patients beyond the normal risks associated with the care and treatment of the patients.
(b) SAFETY INDICATORS, ET CETERA- The process shall include such indicators, standards, and protocols as the Secretary of Defense and the Secretary of Veterans Affairs consider necessary for the establishment and administration of an effective process.
SEC. 722. PHARMACEUTICAL IDENTIFICATION TECHNOLOGY.
(a) BAR CODE IDENTIFICATION TECHNOLOGY- The Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop a system for the use of bar codes for the identification of pharmaceuticals.
(b) USE IN MAIL ORDER PHARMACEUTICALS PROGRAM- The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall experiment with the use of bar code identification of pharmaceuticals in the administration of the mail order pharmaceuticals program carried out under section 1110(a) of title 10, United States Code (as added by section 731).
SEC. 723. MEDICAL INFORMATICS.
(a) ADDITION MATTERS FOR ANNUAL REPORT ON MEDICAL INFORMATICS ADVISORY COMMITTEE- Section 723(d)(5) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 697; 10 U.S.C. 1071 note) is amended to read as follows:
`(5) The Secretary of Defense shall submit to Congress an annual report on medical informatics. The report shall include a discussion of the following matters:
`(A) The activities of the Committee.
`(B) The coordination of development, deployment, and maintenance of health care informatics systems within the Federal Government, and between the Federal Government and the private sector.
`(C) The progress or growth occurring in medical informatics.
`(D) How the TRICARE program and the Department of Veterans Affairs health care system can use the advancement of knowledge in medical informatics to raise the standards of health care and treatment and the expectations for improving health care and treatment.'.
(b) FISCAL YEAR 2001 FUNDING FOR PHARMACEUTICALS-RELATED MEDICAL INFORMATICS- Of the amount authorized to be appropriated under section 301(22)--
(1) $64,000,000 is available for the commencement of the implementation of a new computerized medical record, including an automated entry order system for pharmaceuticals, that makes all relevant clinical information on a patient under the Defense Health Program available when and where it is needed; and
(2) $9,000,000 is available for the implementation of an integrated pharmacy system under the Defense Health Program that creates a single profile for all of the prescription medications a patient takes, regardless of whether the prescriptions for those medications were filled at military or private pharmacies serving Department of Defense beneficiaries worldwide.
Subtitle D--Other Matters
SEC. 731. PERMANENT AUTHORITY FOR CERTAIN PHARMACEUTICAL BENEFITS.
(a) AUTHORITY- (1) Chapter 55 of title 10, United States Code, is amended by adding at the end the following:
`Sec. 1110. Pharmaceutical benefits
`(a) PHARMACEUTICALS BY MAIL- The Secretary of Defense shall carry out a program to provide eligible persons with prescription pharmaceuticals by mail.
`(b) RETAIL PHARMACY NETWORK- To the maximum extent practicable, the Secretary of Defense shall include in each managed health care program under this chapter, a program to supply prescription pharmaceuticals to eligible persons through a managed care network of community retail pharmacies in the area covered by the managed health care program.
`(c) ELIGIBLE PERSONS- A person is eligible to obtain pharmaceuticals under the program of pharmaceuticals by mail under subsection (a) or through a retail pharmacy network included in a managed health care program under subsection (b) as follows:
`(1) A person who is eligible for medical care under a contract for medical care entered into by the Secretary of Defense under section 1079 or 1086 of this title.
`(2) A person who would be eligible for medical care under a contract for medical care entered into under section 1086 of this title except for the operation of subsection (d)(1) of such section.
`(d) PHARMACEUTICALS OFFERED- The Secretary of Defense shall determine the pharmaceuticals that may be obtained by eligible persons under subsection (a) or (b).
`(e) FEES- The Secretary of Defense shall prescribe an appropriate fee, charge, or copayment to be paid by persons for pharmaceuticals obtained under subsection (a) or (b).
`(f) CONSULTATION REQUIREMENT- The Secretary of Defense shall consult with the other administering Secretaries in the administration of this section.'.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following:
`1110. Pharmaceutical benefits.'.
(b) REPEAL OF SUPERSEDED AUTHORITY- Section 702 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2431; 10 U.S.C. 1079 note) is repealed.
(c) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on January 1, 2001.
SEC. 732. PROVISION OF DOMICILIARY AND CUSTODIAL CARE FOR CHAMPUS BENEFICIARIES.
(a) CONTINUATION OF CARE FOR CERTAIN CHAMPUS BENEFICIARIES- Section 703(a)(1) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 682; 10 U.S.C. 1077 note) is amended by inserting before the period at the end the following: `or by the prohibition in section 1086(d)(1) of such title'.
(b) COST LIMITATION FOR INDIVIDUAL CASE MANAGEMENT PROGRAM- (1) Section 1079(a)(17) of title 10, United States Code, is amended--
(A) by inserting `(A)' after `(17)'; and
(B) by adding at the end the following:
`(B) The total amount expended under subparagraph (A) for a fiscal year may not exceed $100,000,000.'.
(2) Section 703 of the National Defense Authorization Act for Fiscal Year 2000 is amended by adding at the end the following:
`(e) COST LIMITATION- The total amount paid for services for eligible beneficiaries under subsection (a) for a fiscal year (together with the costs of administering the authority under that subsection) shall be included in the expenditures limited by section 1079(a)(17)(B) of title 10, United States Code.'.
(c) APPLICABILITY OF COST LIMITATION- The amendments made by subsection (b) shall apply to fiscal years after fiscal year 1999.
SEC. 733. MEDICAL AND DENTAL CARE FOR MEDAL OF HONOR RECIPIENTS AND THEIR DEPENDENTS.
(a) MEDAL RECIPIENTS- Section 1074 of title 10, United States Code, is amended by adding at the end the following:
`(d)(1) A medal of honor recipient is entitled to medical and dental care under this chapter to the same extent as a person referred to in subsection (b).
`(2) In this subsection, the term `medal of honor recipient' means a person awarded a medal of honor under section 3741, 6241, or 8741 of this title, or section 491 of title 14.'.
(b) DEPENDENTS- Section 1076 of such title is amended by adding at the end the following:
`(f)(1) The immediate dependents of a medal of honor recipient are entitled to medical and dental care under this chapter to the same extent as a person referred to in subsection (b).
`(A) The term `medal of honor recipient' has the meaning given the term in section 1074(d)(2) of this title.
`(B) The term `immediate dependent' means a dependent described in subparagraphs (A), (B), (C), and (D) of section 1072(2) of this title.'.
SEC. 734. SCHOOL-REQUIRED PHYSICAL EXAMINATIONS FOR CERTAIN MINOR DEPENDENTS.
Section 1076 of title 10, United States Code, as amended by section 733(b), is further amended by adding at the end the following:
`(g)(1) The administering Secretaries shall furnish an eligible dependent a physical examination that is required by a school in connection with the enrollment of the dependent as a student in that school.
`(2) A dependent is eligible for a physical examination under paragraph (1) if the dependent--
`(A) is entitled to receive medical care under subsection (a) or is authorized to receive medical care under subsection (b); and
`(B) is at least 5 years of age and less than 12 years of age.
`(3) Nothing in paragraph (2) may be construed to prohibit the furnishing of a school-required physical examination to any dependent who, except for not satisfying the age requirement under that paragraph, would otherwise be eligible for a physical examination required to be furnished under this subsection.'.
SEC. 735. TWO-YEAR EXTENSION OF DENTAL AND MEDICAL BENEFITS FOR SURVIVING DEPENDENTS OF CERTAIN DECEASED MEMBERS.
(a) DENTAL BENEFITS- Section 1076a(k)(2) of title 10, United States Code, is amended by striking `one-year period' and inserting `three-year period'.
(b) MEDICAL BENEFITS- Section 1079(g) of title 10, United States Code, is amended by striking `one-year period' in the second sentence and inserting `three-year period'.
SEC. 736. EXTENSION OF AUTHORITY FOR CONTRACTS FOR MEDICAL SERVICES AT LOCATIONS OUTSIDE MEDICAL TREATMENT FACILITIES.
Section 1091(a)(2) of title 10, United States Code, is amended by striking `December 31, 2000' and inserting `September 30, 2002'.
SEC. 737. TRANSITION OF CHIROPRACTIC HEALTH CARE DEMONSTRATION PROGRAM TO PERMANENT STATUS.
(a) TRICARE PRIME BENEFITS- The Secretary of Defense shall complete the development and implementation of a program to provide chiropractic health care services and benefits for all TRICARE Prime enrollees as a permanent part of the military health care system for the enrollees in that plan, as follows:
(1) At the military medical treatment facilities designated pursuant to section 731(a)(2)(A) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 1092 note), not later than 180 days after the date of the enactment of this Act.
(2) At the other military medical treatment facilities considered by the Secretary of Defense to be major military medical treatment facilities, not later than October 1, 2001.
(b) PRIMARY CARE MANAGEMENT- The Secretary shall ensure that the primary care manager model, which requires referral by a primary care manager, is used for providing the chiropractic health care services and benefits under the program referred to in subsection (a).
(c) CONTINUATION OF EXISTING CHIROPRACTIC BENEFITS- Section 731(a)(4) of the National Defense Authorization Act for Fiscal Year 1995 is amended--
(1) by striking `During fiscal year 2000, the' and inserting `The'; and
(2) by adding at the end the following: `The requirement under the preceding sentence shall cease to apply with respect to a military medical treatment facility on the date on which the Secretary of Defense completes the implementation of a program to provide chiropractic health care services and benefits at that facility for all TRICARE Prime enrollees as a permanent part of the military health care system for the enrollees in that plan.'.
SEC. 738. USE OF INFORMATION TECHNOLOGY FOR ENHANCEMENT OF DELIVERY OF ADMINISTRATIVE SERVICES UNDER THE DEFENSE HEALTH PROGRAM.
(a) REQUIREMENT- The Secretary of Defense shall take the actions that the Secretary determines necessary to use, in at least one TRICARE program region, commercially available information technology systems and products to simplify the critical administrative processes of the defense health program (including TRICARE), to enhance the efficiency of the performance of administrative services under the program, to match commercially recognized standards of performance of the services, and otherwise to improve the performance of the services.
(b) IMPLEMENTATION- In carrying out subsection (a), the Secretary shall ensure that--
(1) the use of Internet technology is incorporated into the processes referred to in that subsection; and
(2) conversions to new or different computer technologies incorporate data requirements that are widely used in the marketplace (including those used by medicare or commercial insurers) for the performance of administrative services.
(c) ADMINISTRATIVE SERVICES DEFINED- In this section, the term `administrative services' includes the performance of the following functions:
(3) Program education of beneficiaries.
(4) Program education of health care providers.
(5) Scheduling of appointments.
(6) Processing of claims.
SEC. 739. PATIENT CARE REPORTING AND MANAGEMENT SYSTEM.
(a) ESTABLISHMENT- The Secretary of Defense shall establish a patient care error reporting and management system.
(b) PURPOSES OF SYSTEM- The purposes of the system are as follows:
(1) To study the occurrences of errors in the patient care provided under chapter 55 of title 10, United States Code.
(2) To identify the systemic factors that are associated with such occurrences.
(3) To provide for action to be taken to correct the identified systemic factors.
(c) REQUIREMENTS FOR SYSTEM- The patient care error reporting and management system shall include the following:
(1) A hospital-level patient safety center, within the quality assurance department of each health care organization of the Department of Defense, to collect, assess, and report on the nature and frequency of errors related to patient care.
(2) For each health care organization of the Department of Defense and for the entire Defense health program, the patient safety baselines that are necessary for the development of a full understanding of patient safety issues in each such organization and the entire program, including the nature and types of errors and the systemic causes of the errors.
(3) A Department of Defense Patient Safety Center within the Armed Forces Institute of Pathology to have the following missions:
(A) To analyze information on patient care errors that is submitted to the Center by each military health care organization.
(B) To develop action plans for addressing patterns of patient care errors.
(C) To execute those action plans to mitigate and control errors in patient care with a goal of ensuring that the health care organizations of the Department of Defense provide highly reliable patient care with virtually no error.
(D) To provide, through the Assistant Secretary of Defense for Health Affairs, to the Agency for Healthcare Research and Quality of the Department of Health and Human Services any reports that the Assistant Secretary determines appropriate.
(E) To review and integrate processes for reducing errors associated with patient care and for enhancing patient safety.
(F) To contract with a qualified and objective external organization to manage the national patient safety database of the Department of Defense.
(d) MEDTEAMS PROGRAM- The Secretary shall expand the health care team coordination program to integrate that program into all Department of Defense health care operations. In carrying out this subsection, the Secretary shall take the following actions:
(1) Establish not less than two Centers of Excellence for the development, validation, proliferation, and sustainment of the health care team coordination program, one of which shall support all fixed military health care organizations, the other of which shall support all combat casualty care organizations.
(2) Deploy the program to all fixed and combat casualty care organizations of each of the Armed Forces, at the rate of not less than 10 organizations in each fiscal year.
(3) Expand the scope of the health care team coordination program from a focus on emergency department care to a coverage that includes care in all major medical specialties, at the rate of not less than one specialty in each fiscal year.</