106 th Congress 2d Session
HOUSE OF REPRESENTATIVES
Report
106 945
ENACTMENT OF PROVISIONS OF
H.R. 5408, THE FLOYD D. SPENCE
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2001
CONFERENCE REPORT
to accompany
H.R. 4205
[Graphic Image Not Available]
October 6, 2000.--Ordered to be printed
ENACTMENT OF PROVISIONS OF H.R. 5408, THE FLOYD D. SPENCE NATIONAL
DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001
66 636
2000
106 th Congress 2d Session
HOUSE OF REPRESENTATIVES
Report
106 945
ENACTMENT OF PROVISIONS OF
H.R. 5408, THE FLOYD D. SPENCE
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2001
CONFERENCE REPORT
to accompany
H.R. 4205
[Graphic Image Not Available]
October 6, 2000.--Ordered to be printed
CONTENTS
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE 7
Summary Statement of Conference Action 534
Summary Table of Authorizations 534
Congressional Defense Committees 540
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS 540
Title I--Procurement 540
Procurement Overview
540
Overview
543
UH 60 Blackhawk
546
TH 67 training helicopter
546
Longbow
546
AH 64 modifications
546
UH 60 modifications
547
Aircraft Survivability Equipment (ASE)
547
Aircrew integrated systems
547
Overview
547
Army tactical missile system
550
Overview
550
Bradley base sustainment
553
Improved recovery vehicle
553
Heavy assault bridge system modifications
553
Army Transformation
553
Machine gun, squad automatic weapon
554
Overview
554
155MM Sense and Destroy Armor Munition M898
558
Overview
558
Tactical trailers/dolly sets
567
High mobility multipurpose-wheeled vehicle
567
Family of medium tactical vehicles
567
Fire trucks and associated firefighting equipment
567
M915/M916 line haul truck tractor
567
Weapons of Mass Destruction Civil Support Teams
568
Army data distribution system
568
Single channel ground and airborne radio systems family
569
Area common user system modification program
569
Night vision devices
569
Combat identification/aiming light
570
Standard integrated command post system
570
Automated data processing equipment
570
Ribbon bridge
570
Laundries, showers, and latrines
571
Combat support medical
571
Roller, vibratory, self-propelled
571
Hydraulic excavator
571
Deployable universal combat earth mover
572
Construction equipment service life extension program
572
Small tug
572
Combat training center instrumentation support
572
Nonsystem training devices
573
Overview
573
Chemical Agents and Munitions Destruction, Army
575
Overview
577
F/A 18E/F aircraft
581
SH 60R helicopter
581
UC 35 aircraft
581
18 series modifications
581
AH 1 series modifications
582
H 53 series modifications
582
H 1 series modifications
582
EP 3 aircraft modifications
583
Overview
583
Trident II advance procurement
586
Drones and decoys
586
Weapons industrial facilities
586
Mark 48 advanced capability torpedo modifications
586
Close-in weapons system modifications
587
Gun mount modifications
587
Overview
587
Overview
590
DDG 51 destroyers
593
LHD 8 advance procurement
593
Ship outfitting
593
Overview
593
Surveillance and security for military sealift ships
602
AN/WSN 7 inertial navigation system
602
Integrated condition assessment system
602
AN/SPS 73(V) surface search radar
602
Nuclear attack submarine acoustics
602
Sonar support equipment
603
Shipboard indications and warnings exploit
603
Side-scanning sonar for forward deployed minesweepers
603
Shallow water mine countermeasures
603
Other training equipment
604
Joint tactical terminal
604
Joint engineering data management and information control system
604
Naval shore communications equipment
604
Sonobuoys
604
Weapons range support equipment
605
Rolling airframe guided missile launcher
605
Cruiser smart ship
605
NULKA anti-ship missile decoy system
605
SSN combat control systems
606
Civil engineering support equipment
606
Education support equipment
606
Overview
606
Communications and electronic infrastructure support
611
Night vision equipment
611
Radio systems
611
5/4 ton truck high mobility multipurpose wheeled vehicles
611
Material handling equipment
611
Overview
612
16C aircraft
617
C 17 aircraft
617
C 17 advance procurement
617
EC 130J aircraft
617
B 52 aircraft modifications
618
A 10 aircraft integrated flight and fire control computer
618
15 modifications
618
16 aircraft modifications
619
Defense airborne reconnaissance program modifications
619
Other aircraft modifications
620
Defense airborne reconnaissance program aircraft support equipment
620
Overview
621
Overview
624
Overview
627
Intelligence communications equipment
633
Combat training ranges
633
Items less than $5.0 million
633
Overview
633
MH 60 aerial refueling probes and 200 gallon fuel tanks
638
Special operations forces small arms and support equipment
638
Items of Special Interest
638
Air Mobility Command
638
Intelligence, surveillance and reconnaissance programs
639
LPD 17 amphibious ships
639
Multipurpose individual munition
640
Shipbuilding overview
641
Legislative Provisions Adopted
642
Subtitle A--Authorization of Appropriations
642
Authorization of appropriations (secs. 101 106)
642
Subtitle B--Army Programs
642
Multiyear procurement authority (sec. 111)
642
Increase in limitation on number of bunker defeat munitions that may
be acquired (sec. 112)
642
Reports and limitations relating to Army transformation (sec. 113)
642
Subtitle C--Navy Programs
643
CVNX 1 nuclear aircraft carrier program (sec. 121)
643
Arleigh Burke class destroyer program (sec. 122)
644
Virginia class submarine program (sec. 123)
644
Limitation during fiscal year 2001 on changes in submarine force
structure (sec. 124)
644
ADC(X) ship program (sec. 125)
645
Refueling and complex overhaul program of the U.S.S. Dwight D.
Eisenhower (sec. 126)
645
Analysis of certain shipbuilding programs (sec. 127)
645
Helicopter support of FFG 7 frigates during fiscal year 2001 (sec. 128)
645
V 22 cockpit aircraft voice and flight data recorders (sec. 129)
645
Subtitle D--Air Force Programs
646
Annual Report on the B 2 bomber (sec. 131)
646
Report on modernization of Air National Guard F 16A units (sec. 132)
646
Subtitle E--Joint Programs
647
Study of final assembly and checkout alternatives for the joint
strike fighter program (sec. 141)
647
Subtitle F--Chemical Demilitarization
647
Pueblo Chemical Depot chemical agent ammunitions destruction
technologies (sec. 151)
647
Report on assessment of need for Federal economic assistance for
communities impacted by chemical demilitarization activities (sec. 152)
647
Prohibition against disposal of non-stockpile chemical warfare
material at Anniston chemical stockpile disposal facility (sec. 153)
647
Legislative Provisions not Adopted
647
AGM 65 modifications
647
Anti-personnel obstacle breaching system
648
C 135 modifications
648
Integrated bridge system for Naval systems special warfare rigid
inflatable boats and high-speed assault craft
648
Rapid intravenous infusion pumps
648
Remanufactured AV 8B aircraft
649
Title II--Research, Development, Test, and Evaluation
649
Research, Development, Test, and Evaluation Overview
649
Overview
651
Tactical High Energy Laser
660
Emergency preparedness training
660
High energy laser research and development
660
Advanced tank armament system
661
Defense manufacturing technology program
661
Overview
662
Biodegradable polymers
674
Torpedoes and unmanned undersea vehicles
674
DP 2 thrust vectoring system proof-of-concept demonstration
674
Virtual test bed for reconfigurable ship
675
Fleet health technology and occupational lung disease
675
Common towed array
676
Advanced land attack missile
676
Joint strike fighter
677
Nonlethal research and technologies
678
Power node control centers
678
Advanced food service technology
678
14 tactical reconnaissance
678
Marine Corps ground combat/supporting arms systems
679
Tactical unmanned aerial vehicles
679
Overview
680
XSS 10 micro-satellite technology demonstration
691
Specialty aerospace metals
691
Space-based radar
692
Space maneuver vehicle
692
Space Based Laser program
693
Electronic warfare development
693
Satellite control network
693
Manned reconnaissance systems
694
Overview
694
Chemical and Biological Defense Program
704
Nuclear sustainment and counterproliferation technologies
705
Blast mitigation testing
705
Chemical and biological detectors
705
Facial recognition access control technology
705
Weapons of mass destruction attack-effects-response assessment
capability at U.S. Joint Forces Command
707
Ballistic Missile Defense Organization funding and programmatic guidance
707
Defense imagery and mapping program
710
Special operations tactical systems development
710
Common imagery processor
711
Defense Space Reconnaissance Program
711
Future scout and cavalry system
712
Modernized hellfire/common missile
713
National Imagery and Mapping Agency pre-acquisition activities
713
Nuclear Detonation Detection System
715
Radar technology insertion program
716
Space launch ranges
716
Subtitle A--Authorization of Appropriations
716
Authorization of appropriations (secs. 201 202)
716
Subtitle B--Program Requirements, Restrictions, and Limitations
717
Management of Space-Based Infrared System-Low (sec. 211)
717
Joint strike fighter program (sec. 212)
717
Fiscal year 2002 joint field experiment (sec. 213)
717
Nuclear aircraft carrier design and production modeling (sec. 214)
718
DD 21 class destroyer program (sec. 215)
718
Limitation on Russian American Observation Satellites program (sec. 216)
718
Joint Biological Defense Program (sec. 217)
719
Report on biological warfare defense vaccine research and development
programs (sec. 218)
719
Cost limitations applicable to F 22 aircraft program (sec. 219)
720
Unmanned advanced capability combat aircraft and ground combat
vehicles (sec. 220)
720
Global Hawk high altitude endurance unmanned aerial vehicle (sec. 221)
721
Army space control technology development (sec. 222)
722
Subtitle C--Ballistic Missile Defense
722
Funding for fiscal year 2001 (sec. 231)
722
Reports on ballistic missile threat posed by North Korea (sec. 232)
722
Plan to modify ballistic missile defense architecture (sec. 233)
722
Management of Airborne Laser program (sec. 234)
723
Subtitle D--High Energy Laser Programs
723
High energy laser programs (secs. 241 250)
723
Subtitle E--Other Matters
724
Reports on mobile offshore base concept and potential use for certain
purposes of technologies associated with that concept (sec. 251)
724
Air Force science and technology planning (sec. 252)
724
Enhancement of authorities regarding education partnerships for
purposes of encouraging scientific study (sec. 253)
724
Recognition of those individuals instrumental to naval research
efforts during the period from before World War II through the end of
the Cold War (sec. 254)
724
Legislative Provisions not Adopted
725
Acoustic mine detection technology
725
Additional authorization for weathering and corrosion technology for
aircraft surfaces and parts
725
Air logistics technology
725
Ammunition risk analysis research
725
Funding for comparisons of medium armored vehicles
726
Joint technology information center initiative
726
Navy information technology center and human resource enterprise
strategy
726
Sense of Congress concerning commitment to deployment of National
Missile Defense System
726
Technology for mounted maneuver forces
726
Title III--Operation and Maintenance
727
Overview
727
Battlefield Mobility Enhancement System
756
Cultural and historic activities
756
MOCAS enhancements
756
Items of Special Interest
757
Funding for Formerly Used Defense Sites and the Conway Bombing and
Gunnery Range, Horry County, South Carolina
757
United States Army marksmanship program
757
Water quality issues at installations in Kaiserslautern, Germany
758
Legislative Provisions Adopted
758
Subtitle A--Authorization of Appropriations
758
Authorization of appropriations (secs. 301 302)
758
Armed Forces Retirement Home (sec. 303)
758
Transfer from National Defense Stockpile Transaction Fund (sec. 304)
758
Joint warfighting capabilities assessment teams (sec. 305)
759
Subtitle B--Environmental Provisions
759
Establishment of additional environmental restoration account and use
of accounts for operation and monitoring of environmental remedies (sec.
311)
759
Certain environmental restoration activities (sec. 312)
759
Annual reports under Strategic Environmental Research and Development
Program (sec. 313)
760
Payment of fines and penalties for environmental compliance at Fort
Wainwright, Alaska (sec. 314)
760
Payment of fines or penalties imposed for environmental compliance
violations at other Department of Defense facilities (sec. 315)
760
Reimbursement for certain costs in connection with the former
Nansemond Ordnance Depot Site, Suffolk, Virginia (sec. 316)
761
Necessity of military low-level flight training to protect national
security and enhance military readiness (sec. 317)
761
Ship disposal project (sec. 318)
761
Defense Environmental Security Corporate Information Management
Program (sec. 319)
762
Report on Plasma Energy Pyrolysis System (sec. 320)
762
Sense of Congress regarding environmental restoration of former
defense manufacturing site, Santa Clarita, California (sec. 321)
762
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
763
Use of appropriated funds to cover operating expenses of commissary
stores (sec. 331)
763
Adjustment of sales prices of commissary store goods and services to
cover certain expenses (sec. 332)
763
Use of surcharges for construction and improvement of commissary
stores (sec. 333)
763
Inclusion of magazines and other periodicals as an authorized
commissary merchandise category (sec. 334)
763
Use of most economical distribution method for distilled spirits
(sec. 335)
763
Report on effects of availability of slot machines on United States
military installations overseas (sec. 336)
764
Subtitle D--Department of Defense Industrial Facilities
764
Designation of Centers of Industrial and Technical Excellence and
public-private partnerships to increase utilization of such centers
(sec. 341)
764
Unutilized and underutilized plant-capacity costs of United States
arsenals (sec. 342)
765
Arsenal support program initiative (sec. 343)
765
Codification and improvement of armament retooling and manufacturing
support programs (sec. 344)
765
Subtitle E--Performance of Functions by Private-Sector Sources
765
Inclusion of additional information in reports to Congress required
before conversion of commercial or industrial type functions to
contractor performance (sec. 351)
765
Effects of outsourcing on overhead costs of Centers of Industrial and
Technical Excellence and Army ammunition plants (sec. 352)
766
Consolidation, restructuring, or re-engineering of Department of
Defense organizations, functions, or activities (sec. 353)
766
Monitoring of savings resulting from workforce reductions as part of
conversion of functions to performance by private sector or other
strategic sourcing initiatives (sec. 354)
767
Performance of emergency response functions at chemical weapons
storage installations (sec. 355)
767
Suspension of reorganization or relocation of Naval Audit Service
(sec. 356)
767
Subtitle F--Defense Dependents Education
768
Eligibility of dependents of American Red Cross employees for
enrollment in Department of Defense domestic dependent schools in Puerto
Rico (sec. 361)
768
Assistance to local educational agencies that benefit dependents of
members of the armed forces and Department of Defense civilian employees
(sec. 362)
768
Impact aid for children with severe disabilities (sec. 363)
768
Assistance for maintenance, repair, and renovation of school
facilities that serve dependents of members of the Armed Forces and
Department of Defense civilian employees (sec. 364)
768
Subtitle G--Military Readiness Issues
769
Measuring cannibalization of parts, supplies, and equipment under
readiness reporting system (sec. 371)
769
Reporting requirements regarding transfers from high-priority
readiness appropriations (sec. 372)
769
Effects of worldwide contingency operations on readiness of military
aircraft and equipment (sec. 373)
769
Identification of requirements to reduce backlog in maintenance and
repair of defense facilities (sec. 374)
769
New methodology for preparing budget requests to satisfy Army
readiness requirements (sec. 375)
770
Review of AH 64 aircraft program (sec. 376)
770
Report on Air Force spare and repair parts program for C 5 (sec. 377)
770
Subtitle H--Other Matters
770
Annual report on public sale of certain military equipment identified
on United States Munitions List (sec. 381)
770
Resale of armor-piercing ammunition disposed of by the Army (sec. 382)
771
Reimbursement by civil air carriers for support provided at Johnston
Atoll (sec. 383)
771
Travel by Reserves on military aircraft (sec. 384)
771
Overseas airlift service on Civil Reserve Air Fleet aircraft (sec. 385)
771
Additions to plan for ensuring visibility over all in-transit end
items and secondary items (sec. 386)
772
Reauthorization of pilot program for acceptance and use of landing
fees charged for use of domestic military airfields by civil aircraft
(sec. 387)
772
Extension of authority to sell certain aircraft for use in wildfire
suppression (sec. 388)
772
Damage to aviation facilities caused by alkali silica reactivity
(sec. 389)
772
Demonstration project to increase reserve component internet access
and services in rural communities (sec. 390)
772
Additional conditions on implementation of Defense Joint Accounting
System (sec. 391)
773
Report on Defense Travel System (sec. 392)
773
Review of Department of Defense costs of maintaining historical
properties (sec. 393)
773
Legislative Provisions not Adopted
774
Authority to ensure demilitarization of significant military
equipment formerly owned by the Department of Defense
774
Close-in weapon system overhauls
774
Industrial mobilization capacity at government-owned,
government-operated army ammunition facilities and arsenals
774
Investment of commissary trust revolving fund
774
MK 45 overhaul
774
Mounted urban combat training site, Fort Knox
775
National Guard assistance for certain youth and charitable organizations
775
Notice of use of radio frequency spectrum by a system entering
engineering and manufacturing development
775
Revision of authority to waive limitation on performance of
depot-level maintenance
776
Spectrum data base upgrades
776
Use of humanitarian and civic assistance funding for pay and
allowances of special operations command reserves furnishing demining
training and related assistance as humanitarian assistance
776
Weatherproofing of facilities at Keesler Air Force Base
776
Title IV--Military Personnel Authorizations
777
Items of Special Interest
777
Funding for Army Reserve Individual Mobilization Augmentees
777
Legislative Provisions Adopted
777
Subtitle A--Active Forces
777
End strengths for active forces (sec. 401)
777
Revision in permanent end strength minimum levels (sec. 402)
777
Adjustment to end strength flexibility authority (sec. 403)
778
Subtitle B--Reserve Forces
778
End strengths for Selected Reserve (sec. 411)
778
End strengths for Reserves on active duty in support of the reserves
(sec. 412)
778
End strengths for military technicians (dual status) (sec. 413)
779
Fiscal year 2001 limitation on non-dual status technicians (sec. 414)
780
Increase in numbers of members in certain grades authorized to be on
active duty in support of the Reserves (sec. 415)
780
Subtitle C--Other Matters Relating to Personnel Strengths
781
Authority for Secretary of Defense to suspend certain personnel
strength limitations during war or national emergency (sec. 421)
781
Exclusion from active component end strengths of certain reserve
component members on active duty in support of the combatant commands
(sec. 422)
782
Exclusion of Army and Air Force medical and dental officers from
limitation on strengths of reserve comissioned officers in grades below
brigadier general (sec. 423)
782
Authority for temporary increases in number of reserve component
personnel serving on active duty or full-time national guard duty in
certain grades (sec. 424)
782
Subtitle D--Authorization of Appropriations
782
Authorization of appropriations for military personnel (sec. 431)
782
Legislative Provisions not Adopted
784
Temporary exemption of Director of the National Security Agency from
limitations on number of Air Force officers above major general
784
Title V--Military Personnel Policy
785
Legislative Provisions Adopted
785
Subtitle A--Officer Personnel Policy
785
Eligibility of Army and Air Force reserve colonels and brigadier
generals for position vacancy promotions (sec. 501)
785
Flexibility in establishing promotion zones for Coast Guard Reserve
officers (sec. 502)
785
Time for release of reports of officer promotion selection boards
(sec. 503
785
Clarification of requirements for composition of active-duty list
selection boards when reserve officers are under consideration (sec.
504)
785
Authority to issue posthumous commissions in case of members dying
before official recommendation for appointment or promotion is approved
by Secretary concerned (sec. 505)
785
Technical corrections relating to retired grade rule for Army and Air
Force officers (sec. 506)
786
Grade of chiefs of reserve components and directors of National Guard
components (sec. 507)
786
Revision to rules for entitlement to separation pay for regular and
reserve officers (sec. 508)
786
Subtitle B--Reserve Component Personnel Policy
787
Exemption from active-duty list for reserve officers on active duty
for a period of three years or less (sec. 521)
787
Termination of application requirement for consideration of officers
for continuation on the reserve active-status list (sec. 522)
787
Authority to retain Air Force reserve officers in all medical
specialties until specified age (sec. 523)
787
Authority for provision of legal services to reserve component
members following release from active duty (sec. 524)
787
Extension of involuntary civil service retirement date for certain
reserve technicians (sec. 525)
787
Subtitle C--Education and Training
788
Eligibility of children of reserves for presidential appointment to
service academies (sec. 531)
788
Selection of foreign students to receive instruction at service
academies (sec. 532)
788
Revision of college tuition assistance program for members of Marine
Corps Platoon Leaders Class program (sec. 533)
788
Review of allocation of Junior Reserve Officers Training Corps units
among the services (sec. 534)
788
Authority for Naval Postgraduate School to enroll certain defense
industry civilians in specified programs relating to defense product
development (sec. 535)
789
Subtitle D--Decorations, Awards, and Commendations
789
Limitation on award of Bronze Star to members in receipt of Imminent
Danger Pay (sec. 541)
789
Consideration of proposals for posthumous or honorary promotions or
appointments of members or former members of the armed forces and other
qualified persons (sec. 542)
789
Waiver of time limitations for award of certain decorations to
certain persons (sec. 543)
789
Addition of certain information to markers on graves containing
remains of certain unknowns from the U.S.S. Arizona who died in the
Japanese attack on Pearl Harbor on December 7, 1941 (sec. 544)
790
Sense of Congress on the court-martial conviction of Captain Charles
Butler McVay, commander of the U.S.S. Indianapolis, and on the
courageous service of the crew of that vessel (sec. 545)
790
Posthumous advancement on retired list of Rear Admiral Husband E.
Kimmel and Major General Walter C. Short, senior officers in command in
Hawaii on December 7, 1941 (sec. 546)
790
Commendation of citizens of Remy, France, for World War II actions
(sec. 547)
791
Authority for award of the medal of honor to William H. Pitsenbarger
for valor during the Vietnam War (sec. 548)
791
Subtitle E--Military Justice and Legal Aissitance Matters
791
Recognition by states of military testamentary instruments (sec. 551)
791
Policy concerning rights of individuals whose names have been entered
into Department of Defense official criminal investigative reports (sec.
552)
791
Limitation on secretarial authority to grant clemency for military
prisoners serving sentence of confinement for life without eligibility
for parole (sec. 553)
792
Authority for civilian special agents of the military department
criminal investigative organizations to execute warrants and make
arrests (sec. 554)
792
Requirement for verbatim record in certain special court-martial
cases (sec. 555)
792
Commemoration of the fiftieth anniversary of the Uniform Code of
Military Justice (sec. 556)
793
Subtitle F--Matters Relating to Recruiting
793
Army recruiting pilot programs (sec. 561)
793
Enhancement of recruitment market research and advertising programs
(sec. 562)
793
Access to secondary schools for military recruiting purposes (sec. 563)
793
Pilot program to enhance military recruiting by improving military
awareness of school counselors and educators (sec. 564)
794
Subtitle G--Other Matters
794
Extension to end of calendar year of expiration date for certain
force drawdown transition authorities (sec. 571)
794
Voluntary separation incentive (sec. 572)
794
Congressional review period for assignment of women to duty on
submarines and for any proposed reconfiguration or design of submarines
to accommodate female crew members (sec. 573)
795
Management and per diem requirements for members subject to lengthy
or numerous deployments (sec. 574)
795
Pay in lieu of allowance for funeral honors duty (sec. 575)
795
Test of ability of reserve component intelligence units and personnel
to meet current and emerging defense intelligence needs (sec. 576)
796
National Guard Challenge Program (sec. 577)
796
Study of use of civilian contractor pilots for operational support
missions (sec. 578)
796
Reimbursement for expenses incurred by members in connection with
cancellation of leave on short notice (sec. 579)
797
Legislative Provisions not Adopted
797
Authority for award of the Medal of Honor
797
Collection and use of deoxyribonucleic acid identification
information from violent and sexual offenders in the armed forces
797
Contingent exemption from limitation on number of Air Force officers
serving on active duty in grades above major general
798
Joint Officer Management
798
Military Voting Rights Act of 2000
798
Preparation, participation, and conduct of athletic competitions and
small arms competitions by the National Guard and members of the
National Guard
798
Repeal of contingent funding increase for Junior Reserve Officers
Training Corps
798
Review of actions of selection boards
799
Title VI--Compensation and other Personnel Benefits
799
Legislative Provisions Adopted
799
Subtitle A--Pay and Allowances
799
Increase in basic pay for fiscal year 2001 (sec. 601)
799
Additional restructuring of basic pay rates for enlisted members
(sec. 602)
799
Revised method for calculation of basic allowance for subsistence
(sec. 603)
800
Family subsistence supplemental allowance for low-income members of
the Armed Forces (sec. 604)
800
Basic allowance for housing (sec. 605)
800
Additional amount available for fiscal year 2001 increase in basic
allowance for housing inside the United States (sec. 606)
801
Equitable treatment of junior enlisted members in computation of
basic allowance for housing (sec. 607)
801
Eligibility of members in grade E 4 to receive basic allowance for
housing while on sea duty (sec. 608)
801
Personal money allowance for senior enlisted members of the armed
forces (sec. 609)
801
Increased uniform allowances for officers (sec. 610)
801
Cabinet-level authority to prescribe requirements and allowance for
clothing of enlisted members (sec. 611)
802
Increase in monthly subsistence allowance for members of
precommissioning programs (sec. 612)
802
Subtitle B--Bonuses and Special and Incentive Pays
802
Extension of certain bonuses and special pay authorities for reserve
forces (sec. 621)
802
Extension of certain bonuses and special pay authorities for nurse
officer candidates, registered nurses, and nurse anesthetists (sec. 622)
802
Extension of authorities relating to payment of other bonuses and
special pays (sec. 623)
803
Revision of enlistment bonus authority (sec. 624)
803
Consistency of authorities for special pay for reserve medical and
dental officers (sec. 625)
803
Elimination of required congressional notification before
implementation of certain special pay authority (sec. 626)
803
Special pay for physician assistants of the Coast Guard (sec. 627)
803
Authorization of special pay and accession bonus for pharmacy
officers (sec. 628)
804
Correction of references to Air Force veterinarians (sec. 629)
804
Career sea pay (sec. 630)
804
Increased maximum rate of special duty assignment pay (sec. 631)
804
Entitlement of members of the National Guard and other reserves not
on active duty to receive special duty assignment pay (sec. 632)
804
Authorization of retention bonus for members of the armed forces
qualified in a critical military skill (sec. 633)
805
Entitlement of active duty officers of the Public Health Service
Corps to special pays and bonuses of health professional officers of the
armed forces (sec. 634)
805
Subtitle C--Travel and Transportation Allowances
805
Advance payments for temporary lodging of members and dependents
(sec. 641)
805
Additional transportation allowance regarding baggage and household
effects (sec. 642)
805
Incentive for shipping and storing household goods in less than
average weights (sec. 643)
805
Equitable dislocation allowances for junior enlisted members (sec. 644)
806
Authority to reimburse military recruiters, senior ROTC cadre, and
Military Entrance Processing personnel for certain parking expenses
(sec. 645)
806
Expansion of funded student travel for dependents (sec. 646)
806
Subtitle D--Retirement and Survivor Benefit Matters
806
Exception to high-36-month retired pay computation for members
retired following a disciplinary reduction in grade (sec. 651)
806
Increase in maximum number of reserve retirement points that may be
credited in any year (sec. 652)
806
Retirement from active reserve service after regular retirement (sec.
653)
807
Same treatment for federal judges as for other federal officials
regarding payment of military retired pay (sec. 654)
807
Reserve Component Survivor Benefit Plan spousal consent requirement
(sec. 655)
807
Sense of Congress on increasing Survivor Benefit Plan annuities for
surviving spouses age 62 or older (sec. 656)
807
Revision to special compensation authority to repeal exclusion of
uniformed services retirees in receipt of disability retired pay (sec.
657)
807
Subtitle E--Other Matters
808
Participation in Thrift Savings Plan (sec. 661)
808
Determinations of income eligibility for special supplemental food
program (sec. 662)
808
Billeting services for reserve members traveling for inactive-duty
training (sec. 663)
808
Settlement of claims for payments for unused accrued leave and for
retired pay (sec. 664)
808
Additional benefits and protections for personnel incurring injury,
illness, or disease in the performance of funeral honors duty (sec. 665)
809
Authority for extension of deadline for filing claims associated with
capture and interment of certain persons by North Vietnam (sec. 666)
809
Back pay for members of the Navy and Marine Corps selected for
promotion while interned as prisoners of war during World War II (sec.
667)
809
Sense of Congress concerning funding for reserve components (sec. 668)
809
Legislative Provisions Not Adopted
809
Authority to pay gratuity to certain veterans of Bataan and Corregidor
809
Benefits for members not transporting personal motor vehicles overseas
810
Computation of survivor benefits
810
Concurrent payment of retired pay and compensation for retired
members with service-connected disabilities
810
Concurrent payment to surviving spouses of Disability and Indemnity
Compensation and annuities under Survivor Benefit Plan
810
Effective date of disability retirement for members dying in civilian
medical facilities
810
Eligibility of certain members of the Individual Ready Reserve for
Servicemembers' Group Life Insurance
811
Equitable application of early retirement eligibility requirements to
military reserve technicians
811
Family coverage under Servicemembers' Group Life Insurance
811
Fees paid by residents of the Armed Forces Retirement Home
811
Recognition of members of the Alaska Territorial Guard as veterans
811
Survivor benefit plan annuities for survivors of all members who die
on active duty
812
Travel by reservists on military aircraft to and from locations
outside the continental United States for inactive-duty training
812
Title VII--Health Care Provisions
812
Legislative Provisions Adopted
812
Subtitle A--Health Care Services
812
Provision of domiciliary and custodial care for CHAMPUS beneficiaries
and certain former CHAMPUS beneficiaries (sec. 701)
812
Chiropractic health care for members on active duty (sec. 702)
812
School-required physical examinations for certain minor dependents
(sec. 703)
813
Two-year extension of dental and medical benefits for surviving
dependents of certain deceased members (sec. 704)
813
Two-year extension of authority for use of contract physicians at
military entrance processing stations and elsewhere outside medical
treatment facilities (sec. 705)
813
Medical and dental care for medal of honor recipients (sec. 706)
813
Subtitle B--Senior Health Care
814
Implementation of TRICARE senior pharmacy program (sec. 711)
814
Conditions for eligibility for CHAMPUS and TRICARE upon the
attainment of age 65; expansion and modification of medicare subvention
project (sec. 712)
814
Accrual funding for health care for Medicare-eligible retirees and
dependents (sec. 713)
815
Subtitle C--TRICARE Program
815
Improvement of access to health care under the TRICARE program (sec.
721)
815
Additional beneficiaries under TRICARE prime remote program in the
continental United States (sec. 722)
816
Modernization of TRICARE business practices and increase of use of
military treatment facilities (sec. 723)
816
Extension of TRICARE managed care support contracts (sec. 724)
816
Report on protections against health care providers seeking direct
reimbursement from members of the uniformed services (sec. 725)
817
Voluntary termination of enrollment in TRICARE retiree dental program
(sec. 726)
817
Claims processing improvements (sec. 727)
817
Prior authorizations for certain referrals and
nonavailability-of-health-care statements (sec. 728)
817
Subtitle D--Demonstration Projects
818
Demonstration project for expanded access to mental health counselors
(sec. 731)
818
Teleradiology demonstration project (sec. 732)
818
Health care management demonstration program (sec. 733)
818
Subtitle E--Joint Initiatives With Department of Veterans Affairs
818
VA DOD sharing agreements for health services (sec. 741)
818
Processes for patient safety in military and veterans health care
systems (sec. 742)
819
Cooperation in developing pharmaceutical identification technology
(sec. 743)
819
Subtitle F--Other Matters
819
Management of anthrax vaccine immunization program (sec. 751)
819
Elimination of copayments for immediate family (sec. 752)
819
Medical informatics (sec. 753)
820
Patient care reporting and management system (sec. 754)
820
Augmentation of Army medical department by detailing reserve officers
of the Public Health Service (sec. 755)
820
Privacy of Department of Defense medical records (sec. 756)
820
Authority to establish special locality-based reimbursement rates;
reports (sec. 757)
821
Reimbursement for certain travel expenses (sec. 758)
821
Reduction of cap on payments (sec. 759)
821
Training in health care management and administration (sec. 760)
821
Study on feasibility of sharing biomedical research facility (sec. 761)
821
Study on comparability of coverage for physical, speech, and
occupational therapies (sec. 762)
822
Legislative Provisions not Adopted
822
Extended coverage under the Federal Employees Health Benefits Program
822
Extension of TRICARE senior supplement program
822
Service areas of transferees of former uniformed services treatment
facilities
822
Study of accrual financing for health care for military retirees
822
Study of accrual financing for health care for retirees of the
uniformed services
823
Study on health care options for medicare-eligible military retirees
823
Title VIII--Acquisition Policy, Acquisition Management, and Related
Matters
823
Items of Special Interest
823
Acquisition programs at the National Security Agency
823
Legislative Provisions Adopted
824
Subtitle A--Amendments to General Contracting Authorities,
Procedures, and Limitations
824
Department of Defense acquisition pilot programs (sec. 801)
824
Multiyear services contracts (sec. 802)
824
Clarification and extension of authority to carry out certain
prototype projects (sec. 803)
825
Clarification of authority of Comptroller General to review records
of participants in certain prototype projects (sec. 804)
825
Extension of time period of limitation on procurement of ball
bearings and roller bearings (sec. 805)
826
Reporting requirements relating to multiyear contracts (sec. 806)
826
Eligibility of small business concerns owned and controlled by women
for assistance under the mentor-protege program (sec. 807)
826
Qualifications required for employment and assignment in contracting
positions (sec. 808)
826
Revision of authority for solutions-based contracting pilot program
(sec. 809)
827
Procurement notice of contracting opportunities through electronic
means (sec. 810)
827
Subtitle B--Information Technology
827
Acquisition and management of information technology (sec. 811)
827
Tracking and management of information technology purchases (sec. 812)
827
Appropriate use of requirements regarding experience and education of
contractor personnel in the procurement of information technology
services (sec. 813)
828
Navy-Marine Corps Intranet (sec. 814)
828
Sense of Congress regarding information technology systems for guard
and reserve components (sec. 815)
829
Subtitle C--Other Acquisition-Related Matters
829
Improvements in procurements of services (sec. 821)
829
Financial analysis of use of dual rate for quantifying overhead costs
at army ammunition plants (sec. 822)
830
Repeal of prohibition on use of Department of Defense funds for the
procurement of nuclear-capable shipyard crane from a foreign source
(sec. 823)
830
Extension of waiver period for live-fire survivability testing for MH
47E and MH 60K helicopter modifications programs (sec. 824)
830
Compliance with existing law regarding purchases of equipment and
products (sec. 825)
830
Requirement to disregard certain agreements in awarding contracts for
the purchase of firearms or ammunition (sec. 826)
831
Subtitle D--Studies and Reports
831
Study on impact of foreign sourcing of systems on long-term military
readiness and related industrial infrastructure (sec. 831)
831
Study of policies and procedures for transfer of commercial
activities (sec. 832)
831
Study and report on practice of contract bundling in military
construction contracts (sec. 833)
831
Requirement to conduct study on contract bundling (sec. 834)
831
Legislative Provisions not Adopted
832
Management of acquisition of mission-essential software for major
defense acquisition programs
832
Repeal of requirement for contractor assurances regarding the
completeness, accuracy, and contractual sufficiency of technical data
provided by contractor
832
Revision of the organization and authority of the cost accounting
standards board
832
Technical data rights for items developed exclusively at private expense
832
Title IX--Department of Defense Organization and Management
833
Legislative Provisions Adopted
833
Subtitle A--Duties and Functions of Department of Defense Officers
833
Overall supervision of Department of Defense activities for combating
terrorism (sec. 901)
833
Change of title of certain positions in the Headquarters, Marine
Corps (sec. 902)
834
Clarification of scope of Inspector General authorities under
military whistleblower law (sec. 903)
834
Policy to ensure conduct of science and technology programs so as to
foster the transition of science and technology to higher levels of
research, development, test, and evaluation (sec. 904)
834
Additional components of Chairman of the Joint Chiefs of Staff annual
report on combatant command requirements (sec. 905)
835
Subtitle B--Department of Defense Organization
835
Western Hemisphere Institute for Security Cooperation (sec. 911)
835
Department of Defense regional centers for security studies (sec. 912)
836
Change in name of Armed Forces Staff College to Joint Forces Staff
College (sec. 913)
836
Special authority for administration of Navy Fisher Houses (sec. 914)
836
Supervisory control of Armed Forces Retirement Home Board by
Secretary of Defense (sec. 915)
837
Semiannual report on the Joint Requirements Oversight Council reform
initiative (sec. 916)
837
Comptroller General review of operations of Defense Logistics Agency
(sec. 917)
837
Comptroller General review of operations of Defense Information
Systems Agency (sec. 918)
837
Subtitle C--Information Security
838
Institute for Defense Computer Security and Information Protection
(sec. 921)
838
Information security scholarship program (sec. 922)
838
Subtitle D--Reports
838
Date of submittal of reports on shortfalls in equipment procurement
and military construction for reserve components in future-years defense
programs (sec. 931)
838
Report on number of personnel assigned to legislative liaison
functions (sec. 932)
838
Joint report on establishment of national collaborative information
analysis capability (sec. 933)
839
Network centric warfare (sec. 934)
839
Report on Air Force Institute of Technology (sec. 935)
839
Subtitle E--Other Matters
840
Flexibility in implementation of limitation on major Department of
Defense headquarters activities personnel (sec. 941)
840
Consolidation of certain Navy gift funds (sec. 942)
840
Temporary authority to dispose of a gift previously accepted for the
Naval Academy (sec. 943)
840
Legislative Provisions not Adopted
840
Defense acquisition workforce
840
National Defense Panel 2001
841
Quadrennial National Defense Panel
841
Title X--General Provisions
841
Legislative Provisions Adopted
841
Subtitle A--Financial Matters
841
Transfer authority (sec. 1001)
841
Incorporation of classified annex (sec. 1002)
841
Authorization of emergency supplemental appropriations for fiscal
year 2000 (sec. 1003)
841
United States contribution to NATO common-funded budgets in fiscal
year 2001 (sec. 1004)
842
Limitation on funds for Bosnia and Kosovo peacekeeping operations for
fiscal year (sec. 1005)
842
Requirement for prompt payment of contract vouchers (sec. 1006)
842
Plan for the prompt recording of obligations of funds for contractual
transactions (sec. 1007)
843
Electronic submission and processing of claims for contract payments
(sec. 1008)
843
Administrative offsets for overpayment of transportation costs (sec.
1009)
843
Interest penalties for late payments of interim payments due under
Government service contracts (sec. 1010)
843
Subtitle B--Naval Vessels and Shipyards
844
Revisions to national defense features program (sec. 1011)
844
Sense of Congress on the naming of the CVN 77 aircraft carrier (sec.
1012)
844
Authority to transfer naval vessels to certain foreign countries
(sec. 1013)
844
Authority to consent to retransfer of alternative former naval vessel
by Government of Greece (sec. 1014)
844
Subtitle C--Counter-Drug Activities
845
Extension of authority to provide additional support for counter-drug
activities of Colombia (sec. 1021)
846
Report on Department of Defense expenditures to support foreign
counter-drug activities (sec. 1022)
846
Recommendations on expansion of support for counter-drug activities
(sec. 1023)
846
Review of riverine counter-drug program (sec. 1024)
847
Report on tethered aerostat radar system (sec. 1025)
847
Sense of Congress regarding use of the armed forces for counter-drug
and counter-terrorism activities (sec. 1026)
847
Subtitle D--Counterterrorism and Domestic Preparedness
848
Preparedness of military installation first responders for incidents
involving weapons of mass destruction (sec. 1031)
848
Additional weapons of mass destruction civil support teams (sec. 1032)
848
Authority to provide loan guarantees to improve domestic preparedness
to combat cyberterrorism (sec. 1033)
849
Report on the status of domestic preparedness against the threat of
biological terrorism (sec. 1034)
849
Report on strategy, policies, and programs to combat domestic
terrorism (sec. 1035)
849
Subtitle E--Strategic Forces
850
Revised nuclear posture review (sec. 1041)
850
Plan for the long-term sustainment and modernization of United States
strategic nuclear forces (sec. 1042)
850
Modification of scope of waiver authority for limitation on
retirement or dismantlement of strategic nuclear delivery systems (sec.
1043)
850
Report on the defeat of hardened and deeply buried targets (sec. 1044)
851
Sense of Congress on the maintenance of the Strategic Nuclear Triad
(sec. 1045)
851
Subtitle F--Miscellaneous Reporting Requirements
851
Management review of working-capital fund activities (sec. 1051)
851
Report on submarine rescue support vessels (sec. 1052)
851
Report on Federal Government progress in developing information
assurance strategies (sec. 1053)
852
Department of Defense process for decisionmaking in cases of false
claims (sec. 1054)
852
Subtitle G--Government Information Security Reform
852
Government information security reform (secs. 1061 1065)
852
Subtitle H--Security Matters
853
Limitation on granting of security clearances (sec. 1071)
853
Process for prioritizing background investigations for security
clearances for Department of Defense personnel and defense contractor
personnel (sec. 1072)
853
Authority to withhold certain sensitive information from public
disclosure (sec. 1073)
853
Expansion of authority to exempt geodetic products of the Department
of Defense from public disclosure (sec. 1074)
854
Expenditures for declassification activities (sec. 1075)
854
Enhanced access to criminal history record information for national
security and other purposes (sec. 1076)
854
Two-year extension of authority to engage in commercial activities as
security for intelligence collection activities (sec. 1077)
854
Coordination of nuclear weapons secrecy policies and consideration of
health of workers at former Department of Defense nuclear facilities
(sec. 1078)
855
Subtitle I--Other Matters
855
Funds for administrative expenses under Defense Export Loan Guarantee
program (sec. 1081)
855
Transit pass program Department of Defense personnel in poor air
quality areas (sec. 1082)
855
Transfer of Vietnam-era TA 4 aircraft to a non-profit foundation
(sec. 1083)
856
Transfer of 19th century cannon to museum (sec. 1084)
856
Fees for providing historical information to the public (sec. 1085)
856
Grants to American Red Cross for Armed Forces emergency services
(sec. 1086)
856
Technical and clerical amendments (sec. 1087)
857
Maximum size of parcel post packages transported overseas for Armed
Forces post offices (sec. 1088)
857
Sense of Congress regarding tax treatment of members receiving
special pay for duty subject to hostile fire or imminent danger (sec.
1089)
857
Organization and management of the civil air patrol (sec. 1090)
857
Additional duties for the Commission to Assess United States National
Security Space Management and Organization (sec. 1091)
858
Commission on the future of the United States aerospace industry
(sec. 1092)
858
Drug addiction treatment (sec. 1093)
858
Legislative Provisions not Adopted
858
Annual OMB/CBO joint report on scoring budget outlays
858
Authority to provide headstones or markers for marked graves or
otherwise commemorate certain individuals
858
Breast cancer stamp extension
859
Comprehensive study and support for criminal investigations and
prosecutions by state and local law enforcement officials
859
Local Law Enforcement Enhancement Act of 2000
859
Plan to ensure compliance with financial management requirements
859
Protection of operational files of the Defense Intelligence Agency
859
Repeal of certain provisions shifting outlays from one fiscal year to
another
860
Report to the Congress regarding extent and severity of child poverty
860
Sense of the Senate concerning long-term economic development aid for
communities rebuilding from hurricane Floyd
860
Title XI--Department of Defense Civilian Personnel
860
Legislative Provisions Adopted
860
Subtitle A--Civilian Personnel Management Generally
860
Employment and compensation of employees for temporary organizations
established by law or executive order (sec. 1101)
860
Assistive technology accommodations program (sec. 1102)
861
Extension of authority for voluntary separations in reductions in
force (sec. 1103)
861
Electronic maintenance of performance appraisal systems (sec. 1104)
861
Study on civilian personnel services (sec. 1105)
861
Subtitle B--Demonstration and Pilot Programs
862
Pilot program for reengineering the equal employment opportunity
complaint process (sec. 1111)
862
Work safety demonstration program (sec. 1112)
862
Extension, expansion, and revision of authority for experimental
personnel program for scientific and technical personnel (sec. 1113)
862
Clarification of personnel management authority under personnel
demonstration project (sec. 1114)
862
Subtitle C--Educational Assistance
863
Restructuring the restriction on degree training (sec. 1121)
863
Student loan repayment programs (sec. 1122)
863
Extension of authority for tuition reimbursement and training for
civilian employees in the defense acquisition workforce (sec. 1123)
863
Subtitle D--Other Benefits
864
Additional special pay for foreign language proficiency beneficial
for United States national security interests (sec. 1131)
864
Approval authority for cash awards in excess of $10,000 (sec. 1132)
864
Leave for crews of certain vessels (sec. 1133)
864
Life insurance for emergency essential Department of Defense
employees (sec. 1134)
864
Subtitle E--Intelligence Civilian Personnel
864
Expansion of defense civilian intelligence personnel system positions
(sec. 1141)
864
Increase in number of positions authorized for the Defense
Intelligence Senior Executive Service (sec. 1142)
865
Subtitle F--Voluntary Separation Incentive Pay and Early Retirement
Authority
865
Voluntary separation incentive pay and early retirement authority
(secs. 1151 1153)
865
Legislative Provisions not Adopted
865
Department of Defense employee voluntary early retirement authority
865
Extension of authority for voluntary separations in reductions in force
866
Extension, revision, and expansion of authorities for use of
voluntary separation incentive pay and voluntary early retirement
866
Strategic plan
866
Title XII--Matters Relating to Other Nations
866
Legislative Provisions Adopted
866
Subtitle A--Matters Related to Arms Control
866
Support of United Nations-sponsored efforts to inspect and monitor
Iraqi weapons activities (sec. 1201)
866
Support of consultations on Arab and Israeli arms control and
regional security issues (sec. 1202)
866
Furnishing of nuclear test monitoring equipment to foreign
governments (sec. 1203)
867
Additional matters for annual report on transfers of militarily
sensitive technology to countries and entities of concern (sec. 1204)
867
Subtitle B--Matters Relating to the Balkans
867
Annual report assessing effect of continued operations in the Balkans
region on readiness to execute the national military strategy (sec.
1211)
867
Situation in the Balkans (sec. 1212)
868
Semiannual report on Kosovo peacekeeping (sec. 1213)
868
Subtitle C--North Atlantic Treaty Organization and United States
Forces in Europe
869
NATO fair burdensharing (sec. 1221)
869
Repeal of restriction preventing cooperative airlift support through
acquisition and cross-servicing agreements (sec. 1222)
870
GAO study on the benefits and costs of the United States military
engagement in Europe (sec. 1223)
870
Subtitle D--Other Matters
870
Joint data exchange center with Russian Federation on early warning
systems and notification of ballistic missile launches (sec. 1231)
870
Report on sharing and exchange of ballistic missile launch early
warning data (sec. 1232)
871
Annual report of Communist Chinese military companies operating in
the United States (sec. 1233)
871
Adjustment of composite theoretical performance levels of high
performance computers (sec. 1234)
871
Increased authority to provide healthcare services as humanitarian
and civic assistance (sec. 1235)
872
Sense of Congress regarding the use of children as soldiers (sec. 1236)
872
Sense of Congress regarding undersea rescue and recovery (sec. 1237)
873
United States-China Security Review Commission (sec. 1238)
873
Legislative Provisions not Adopted
873
Limitation on number of military personnel in Colombia
873
Prohibition on assumption by United States Government of liability
for nuclear accidents in North Korea
874
Title XIII--Cooperative Threat Reduction With States of the Former
Soviet Union
874
Legislative Provisions Adopted
874
Specification of cooperative threat reduction programs and funds
(sec. 1301)
874
Funding allocations (sec. 1302)
874
Prohibition on use of funds for elimination of conventional weapons
(sec. 1303)
875
Limitations on use of funds for fissile material storage facility
(sec. 1304)
875
Limitation on use of funds to support warhead dismantlement
processing (sec. 1305)
875
Agreement on nuclear weapons storage sites (sec. 1306)
875
Limitation on use of funds for construction of fossil fuel energy
plants; report (sec. 1307)
876
Reports on activities and assistance under cooperative threat
reduction programs (sec. 1308)
876
Russian chemical weapons elimination (sec. 1309)
877
Limitation on use of funds for elimination of weapons grade plutonium
program (sec. 1310)
878
Report on audits of Cooperative Threat Reduction programs (sec. 1311)
878
Legislative Provisions Not Adopted
878
Limitation on use of funds for prevention of biological weapons
proliferation in Russia
878
Title XIV--Commission to Assess the Threat to the United States from
Electromagnetic Pulse (EMP) Attack
879
Legislative Provisions Adopted
879
Commission to assess the threat to the United States from
electromagnetic pulse (EMP) attack (secs. 1401 1409)
879
Title XV--Navy Activities on the Island of Vieques, Puerto Rico
879
Legislative Provisions Adopted
879
Navy activities on the island of Vieques, Puerto Rico (secs. 1501 1508)
879
Title XVI--Veterans Education Benefits
881
Legislative Provisions Adopted
881
Additional opportunity for certain VEAP participants to enroll in
basic educational assistance under Montgomery G.I. Bill (sec. 1601)
881
Modification of authority to pay tuition for off-duty training and
education (sec. 1602)
882
Clarification of Department of Veterans Affairs duty to assist (sec.
1611)
882
Legislative Provisions not Adopted
882
Modification of time for use by certain members of the Selected
Reserve of entitlement to educational assistance
882
Modification of time for use by certain members of Selected Reserve
of entitlement to certain educational assistance
882
Short title
882
Transfer of entitlement to educational assistance by certain members
of the armed forces
882
Title XVII--Assistance to Firefighters
883
Legislative Provisions Adopted
883
Assistance to Firefighters (secs. 1701 1707)
883
Title XVIII--Impact Aid
885
Legislative Provisions Adopted
885
Impact Aid Reauthorization Act of 2000 (secs. 1801 1818)
885
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
885
Overview
885
Title XXI--Army
905
Overview
905
Legislative Provisions Adopted
905
Authorized Army construction and land acquisition projects (sec. 2101)
905
Family housing (sec. 2102)
905
Improvements to military family housing units (sec. 2103)
906
Authorization of appropriations, Army (sec. 2104)
906
Modification of authority to carry out certain fiscal year 2000
projects (sec. 2105)
906
Modification of authority to carry out certain fiscal year 1999
projects (sec. 2106)
906
Modification of authority to carry out fiscal year 1998 project (sec.
2107)
907
Authority to accept funds for realignment of certain military
construction project, Fort Campbell, Kentucky (sec. 2108)
907
Title XXII--Navy
907
Overview
907
Items of Special Interest
908
Improvements to military family housing, Navy
908
Legislative Provisions Adopted
908
Authorized Navy construction and land acquisition projects (sec. 2201)
908
Family housing (sec. 2202)
908
Improvements to military family housing units (sec. 2203)
908
Authorization of appropriations, Navy (sec. 2204)
908
Modification of authority to carry out fiscal year 1997 project at
Marine Corps Combat Development Command, Quantico, Virginia (sec. 2205)
909
Title XXIII--Air Force
909
Overview
909
Legislative Provisions Adopted
909
Authorized Air Force construction and land acquisition projects (sec.
2301)
909
Family housing (sec. 2302)
909
Improvements to military family housing units (sec. 2303)
910
Authorization of appropriations, Air Force (sec. 2304)
910
Title XXIV--Defense Agencies
910
Overview
910
Items of Special Interest
910
Military construction projects, Manta Air Base, Ecuador
910
Legislative Provisions Adopted
911
Authorized Defense Agencies construction and land acquisition
projects (sec. 2401)
911
Energy conservation projects (sec. 2402)
911
Authorization of appropriations, Defense Agencies (sec. 2403)
911
Modification of authority to carry out certain fiscal year 1990
project (sec. 2404)
911
Title XXV--North Atlantic Treaty Organization Security Investment
Program
912
Overview
912
Legislative Provisions Adopted
912
Authorized NATO construction and land acquisition projects (sec. 2501)
912
Authorization of appropriations, NATO (sec. 2502)
912
Title XXVI--Guard and Reserve Forces Facilities
912
Overview
912
Items of Special Interest
913
Support for Weapons of Mass Destruction Civil Support Teams
913
Legislative Provisions Adopted
913
Authorized Guard and Reserve construction and land acquisition
projects (sec. 2601)
913
Authority to contribute to construction of airport tower, Cheyenne
Airport, Cheyenne, Wyoming (sec. 2602)
913
Title XXVII--Expiration and Extension of Authorizations
913
Legislative Provisions Adopted
913
Expiration of authorizations and amounts required to be specified by
law (sec. 2701)
913
Extension of authorizations of certain fiscal year 1998 projects
(sec. 2702)
914
Extension of authorizations of certain fiscal year 1997 projects
(sec. 2703)
914
Effective date (sec. 2704)
914
Title XXVIII--General Provisions
914
Subtitle A--Military Construction Program and Military Family Housing
Changes
914
Joint use military construction projects (sec. 2801)
914
Exclusion of certain costs from determination of applicability of
limitation on use of funds for improvement of family housing (sec. 2802)
915
Revision of space limitations for military family housing (sec. 2803)
915
Modification of lease authority for high-cost military family housing
(sec. 2804)
915
Provision of utilities and services under alternative authority for
acquisition and improvement of military housing (sec. 2805)
916
Extension of alternative authority for acquisition and improvement of
military housing (sec. 2806)
916
Expansion of definition of armory to include readiness centers (sec.
2807)
916
Subtitle B--Real Property and Facilities Administration
917
Increase in threshold for notice and wait requirements for real
property transactions (sec. 2811)
917
Enhancement of authority of military departments to lease non-excess
property (sec. 2812)
917
Conveyance authority regarding utility systems of military
departments (sec. 2813)
917
Permanent conveyance authority to improve property management (sec.
2814)
918
Subtitle C--Defense Base Closure and Realignment
918
Scope of agreements to transfer property to redevelopment authorities
without consideration under the base closure laws (sec. 2821)
918
Subtitle D--Land Conveyances
919
Part I--Army Conveyances
919
Transfer of jurisdiction, Rock Island Arsenal, Illinois (sec. 2831)
919
Land conveyance, Army Reserve Center, Galesburg, Illinois (sec. 2832)
919
Land conveyance, Charles Melvin Price Support Center, Illinois (sec.
2833)
919
Land conveyance, Fort Riley, Kansas (sec. 2834)
919
Land conveyance, Fort Polk, Louisiana (sec. 2835)
920
Land conveyance, Army Reserve Center, Winona, Minnesota (sec. 2836)
920
Land conveyance, Fort Dix, New Jersey (sec. 2837)
920
Land conveyance, Nike Site 43, Elrama, Pennsylvania (sec. 2838)
920
Land exchange, Army Reserve Local Training Center, Chattanooga,
Tennessee (sec. 2839)
920
Land exchange, Fort Hood, Texas (sec. 2840)
921
Land conveyance, Fort Pickett, Virginia (sec. 2841)
921
Land conveyance, Fort Lawton, Washington (sec. 2842)
921
Land conveyance, Vancouver Barracks, Washington (sec. 2843)
921
Part II--Navy Conveyances
922
Modification of land conveyance, Marine Corps Air Station, El Toro,
California (sec. 2846)
922
Modification of authority for Oxnard Harbor District, Port Hueneme,
California, to use certain Navy property (sec. 2847)
922
Transfer of jurisdiction, Marine Corps Air Station, Miramar,
California (sec. 2848)
922
Land exchange, Marine Corps Recruit Depot, San Diego, California
(sec. 2849)
922
Lease of property, Naval Air Station, Pensacola, Florida (sec. 2850)
923
Land conveyance, Naval Reserve Center, Tampa, Florida (sec. 2851)
923
Modification of land conveyance, Defense Fuel Supply Point, Casco
Bay, Maine (sec. 2852)
923
Land conveyance, Naval Computer and Telecommunications Station,
Cutler, Maine (sec. 2853)
923
Modification of land conveyance authority, former Naval Training
Center, Bainbridge, Cecil County, Maryland (sec. 2854)
924
Land conveyance, Marine Corps Base, Camp Lejeune, North Carolina
(sec. 2855)
924
Land exchange, Naval Air Reserve Center, Columbus, Ohio (sec. 2856)
924
Land conveyance, Naval Station, Bremerton, Washington (sec. 2857)
924
Part III--Air Force Conveyances
925
Land conveyance, Los Angeles Air Force Base, California (sec. 2861)
925
Land conveyance, Point Arena Air Force Station, California (sec. 2862)
925
Land conveyance, Lowry Air Force Base, Colorado (sec. 2863)
925
Land conveyance, Wright Patterson Air Force Base, Ohio (sec. 2864)
926
Modification of land conveyance, Ellsworth Air Force Base, South
Dakota (sec. 2865)
926
Land conveyance, Mukilteo Tank Farm, Everett, Washington (sec. 2866)
926
Part IV--Other Conveyances
926
Land conveyance, Army and Air Force Exchange Service property,
Farmers Branch, Texas (sec. 2871)
926
Land conveyance, former National Ground Intelligence Center,
Charlottesville, Virginia (sec. 2872)
927
Subtitle E--Other Matters
927
Relation of easement authority to leased parkland, Marine Corps Base,
Camp Pendleton, California (sec. 2881)
927
Extension of demonstration project for purchase of fire, security,
police, public works, and utility services from local government
agencies (sec. 2882)
927
Acceptance and use of gifts for construction of third building at
United States Air Force Museum, Wright-Patterson Air Force Base, Ohio
(sec. 2883)
928
Development of Marine Corps Heritage Center at Marine Corps Base,
Quantico, Virginia (sec. 2884)
928
Activities relating to the greenbelt at Fallon Naval Air Station,
Nevada (sec. 2885)
928
Establishment of World War II Memorial on Guam (sec. 2886)
929
Naming of Army Missile Testing Range at Kwajalein Atoll as the Ronald
Reagan Ballistic Missile Defense Test Site at Kwajalein Atoll (sec.
2887)
929
Designation of Building at Fort Belvoir, Virginia, in honor of Andrew
T. McNamara (sec. 2888)
929
Designation of Balboa Naval Hospital, San Diego, California, in honor
of Bob Wilson, a former member of the House of Representatives (sec.
2889)
929
Sense of Congress regarding importance of expansion of National
Training Center, Fort Irwin, California (sec. 2890)
929
Sense of Congress regarding land transfers at Melrose Range, New
Mexico, and Yakima Training Center, Washington (sec. 2891)
930
Legislative Provisions not Adopted
930
Applicability of competition policy to alternative authority for
acquisition and improvement of military family housing
930
Land conveyance, Colonel Harold E. Steele Army Reserve Center and
Maintenance Shop, Pittsburgh, Pennsylvania
930
Land conveyance, Lieutenant General Malcolm Hay Army Reserve Center,
Pittsburgh, Pennsylvania
931
Lease of property, Marine Corps Air Station, Miramar, California
931
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
931
Title XXXI--Department of Energy National Security Programs
931
Overview
931
Items of Special Interest
946
Report on authorities and limitations in general recurring provisions
946
Legislative Provisions Adopted
946
Subtitle A--National Security Programs Authorizations
946
National Nuclear Security Administration (sec. 3101)
946
Defense environmental restoration and waste management (sec. 3102)
951
Other defense activities (sec. 3103)
953
Defense environmental management privatization (sec. 3104)
955
Defense nuclear waste disposal (sec. 3105)
956
Subtitle B--Recurring General Provisions
956
Reprogramming (sec. 3121)
956
Limits on general plant projects (sec. 3122)
956
Limits on construction projects (sec. 3123)
956
Fund transfer authority (sec. 3124)
957
Authority for conceptual and construction design (sec. 3125)
957
Authority for emergency planning, design, and construction activities
(sec. 3126)
957
Funds available for all national security programs of the Department
of Energy (sec. 3127)
957
Availability of funds (sec. 3128)
958
Transfers of defense environmental management funds (sec. 3129)
958
Subtitle C--Program Authorizations, Restrictions, and Limitations
958
Funding for termination costs of River Protection Project, Richland,
Washington (sec. 3131)
958
Enhanced cooperation between National Nuclear Security Administration
and Ballistic Missile Defense Organization (sec. 3132)
959
Reprogramming of funds available for infrastructure upgrades or
maintenance in certain accounts of the National Nuclear Security
Administration (sec. 3133)
959
Adjustment of composite theoretical performance levels for
post-shipment verification reports on advanced supercomputers sales to
certain foreign nations (sec. 3134)
959
Modification of counterintelligence polygraph program (sec. 3135)
959
Employee incentives for employees at closure project facilities (sec.
3136)
960
Continuation of processing, treatment, and disposition of legacy
nuclear materials (sec. 3137)
960
Limitation on use of certain funds pending certifications of
compliance with Formerly Utilized Sites Remedial Action Program funding
prohibition (sec. 3138)
961
Conceptual design for Subsurface Geosciences Laboratory at Idaho
National Engineering and Environmental Laboratory, Idaho Falls, Idaho
(sec. 3139)
961
Report on National Ignition Facility, Lawrence Livermore National
Laboratory, Livermore, California (sec. 3140)
962
River Protection Project, Richland, Washington (sec. 3141)
962
Report on tank waste remediation system, Hanford Reservation,
Richland, Washington (sec. 3142)
963
Subtitle D--Matters Relating to Management of National Nuclear
Security Administration
963
Term of office of person first appointed as Under Secretary for
Nuclear Security of the Department of Energy (sec. 3151)
963
Membership of Under Secretary for Nuclear Security on the Joint
Nuclear Weapons Council (sec. 3152)
963
Organization plan for field offices of the National Nuclear Security
Administration (sec. 3153)
963
Required contents of future-years nuclear security program (sec. 3154)
964
Future-years nuclear security program for fiscal year 2001 (sec. 3155)
964
Engineering and manufacturing research, development, and
demonstration by plant managers of certain nuclear weapons production
plants (sec. 3156)
965
Prohibition on individuals engaging in concurrent service or duties
within National Nuclear Security Administration and outside that
Administration but within Department of Energy (sec. 3157)
965
Annual plan for obligation of funds of the National Nuclear Security
Administration (sec. 3158)
966
Authority to reorganize National Nuclear Security Administration
(sec. 3159)
966
Subtitle E--National Laboratories Partnership Improvement
966
Technology Infrastructure Pilot Program (sec. 3161)
966
Report on small business participation in National Nuclear Security
Administration activities (sec. 3162)
967
Study and report related to improving mission effectiveness,
partnerships, and technology transfer at national security laboratories
and nuclear weapons production facilities (sec. 3163)
967
Report on effectiveness of National Nuclear Security Administration
technology development partnerships with non-Federal entities (sec.
3164)
968
Definitions (sec. 3165)
969
Subtitle F--Matters Relating to Defense Nuclear Nonproliferation
969
Matters Relating to Defense Nuclear Nonproliferation (secs. 3171 3175)
969
Subtitle G--Other Matters
970
Extension of authority for appointment of certain scientific,
engineering, and technical personnel (sec. 3191)
970
Biennial report containing update on nuclear test readiness postures
(sec. 3192)
971
Frequency of reports on inadvertent releases of restricted data and
formerly restricted data (sec. 3193)
971
Form of certifications regarding the safety or reliability of the
nuclear weapons stockpile (sec. 3194)
971
Authority to provide certificate of commendation to Department of
Energy and contractor employees for exemplary service in stockpile
stewardship and security (sec. 3195)
971
Cooperative research and development agreements for government-owned,
contractor-operated laboratories (sec. 3196)
972
Office of Arctic Energy (sec. 3197)
972
Legislative Provisions not Adopted
972
Conformance with National Nuclear Security Administration
organizational structure
972
Construction of National Nuclear Security Administration Operations
Office Complex
973
Energy employees compensation initiative
973
Environmental management closure projects
973
Other transactions
973
Sense of the Congress regarding compensation and health care for
personnel of the Department of Energy and its contractors and vendors
who have sustained beryllium, silica, and radiation-related injury
974
Short title
974
Technology partnerships ombudsman
974
Title XXXII--Defense Nuclear Facilities Safety Board
974
Legislative Provisions Adopted
974
Defense Nuclear Facilities Safety Board (sec. 3201)
974
Title XXXIII--National Defense Stockpile
975
Legislative Provisions Adopted
975
Authorized uses of stockpile funds (sec. 3301)
975
Increased receipts under prior disposal authority (sec. 3302)
975
Disposal of titanium (sec. 3303)
975
Title XXXIV--Naval Petroleum Reserves
976
Legislative Provisions Adopted
976
Minimum price of petroleum sold from certain naval petroleum reserves
(sec. 3401)
976
Repeal of authority to contract for cooperative or unit plans
affecting Naval Petroleum Reserve Numbered 1 (sec. 3402)
976
Disposal of Oil Shale Reserve Numbered 2 (sec. 3403)
976
Title XXXV--Maritime Administration
977
Legislative Provisions Adopted
977
Authorization of appropriations for fiscal year 2001 (sec. 3501)
977
Scrapping of National Defense Reserve Fleet vessels (sec. 3502)
977
Authority to convey National Defense Reserve Fleet vessel, Glacier
(sec. 3503)
978
Maritime intermodal research (sec. 3504)
978
Maritime research and technology development (sec. 3505)
979
Reporting of administered and oversight funds (sec. 3506)
979
Legislative Provisions not Adopted
979
Authority to convey offshore drill rig Ocean Star
979
Title XXXVI--Energy Employees Occupational Illness Compensation Program
979
Legislative Provisions Adopted
980
Short title (sec. 3601)
980
Findings; sense of Congress (sec. 3602)
980
Subtitle A--Establishment of Compensation Program and Compensation Fund
980
Establishment of Energy Employees Occupational Illness Compensation
Program (sec. 3611)
980
Establishment of Energy Employees Occupational Illness Compensation
Fund (sec. 3612)
980
Legislative proposal (sec. 3613)
980
Authorization of appropriations (sec. 3614)
981
Subtitle B--Program Administration
981
Definitions for program administration (sec. 3621)
981
Expansion of list of beryllium vendors (sec. 3622)
981
Exposure in the performance of duty (sec. 3623)
981
Advisory Board on Radiation and Worker Health (sec. 3624)
981
Responsibilities of Secretary of Health and Human Services (sec. 3625)
981
Designation of additional members of Special Exposure Cohort (sec. 3626)
981
Separate treatment of chronic silicosis (sec. 3627)
982
Compensation and benefits to be provided (sec. 3628)
982
Medical benefits (sec. 3629)
982
Separate treatment of certain uranium employees (sec. 3630)
982
Assistance for claimants and potential claimants (sec. 3631)
983
Subtitle C--Treatment, Coordination, and Forfeiture of Compensation
and Benefits
983
Offset for certain payments (sec. 3641)
983
Subrogation of the United States (sec. 3642)
983
Payment in full settlement of claims (sec. 3643)
983
Exclusivity of remedy against the United States and against
contractors and subcontractors (sec. 3644)
983
Election of remedy for beryllium employees and atomic weapons
employees (sec. 3645)
983
Certification of treatment of payments under other laws (sec. 3646)
983
Claims not assignable or transferrable; choice of remedies (sec. 3647)
984
Attorney fees (sec. 3648)
984
Certain claims not affected by awards of damages (sec. 3649)
984
Forfeiture of benefits by convicted felons (sec. 3650)
984
Coordination with other Federal radiation compensation laws (sec. 3651)
984
Subtitle D--Assistance in State Workers' Compensation Proceedings
984
Agreements with States (sec. 3661)
984
66 636
106 th Congress
Report
HOUSE OF REPRESENTATIVES
2d Session
106 945
ENACTMENT OF PROVISIONS OF H.R. 5408, THE FLOYD D. SPENCE
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001
October 6, 2000.--Ordered to be printed
Mr. Spence , from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 4205]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 4205), to
authorize appropriations for fiscal year 2001 for military activities of
the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other purposes,
having met, after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of the
Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE
AUTHORIZATION ACT.
The provisions of H.R. 5408 of the 106th Congress, as introduced on
October 6, 2000, are hereby enacted into law.
SEC. 2. PUBLICATION OF ACT.
In publishing this Act in slip form and in the United States
Statutes at Large pursuant to section 112 of title 1, United States
Code, the Archivist of the United States shall include after the date of
approval an appendix setting forth the text of the bill referred to in
section 1.
And the Senate agree to the same.
From the Committee on Armed Services, for
consideration of the House bill and the Senate amendment, and
modifications committed to conference:
Floyd Spence,
Bob Stump,
Duncan Hunter,
John R. Kasich,
James V. Hansen,
Curt Weldon,
Joel Hefley,
Jim Saxton,
Steve Buyer,
Tillie K. Fowler,
John M. McHugh,
James M. Talent,
Terry Everett,
Roscoe G. Bartlett,
Howard ``Buck'' McKeon,
J.C. Watts, J r.,
Mack Thornberry,
John N. Hostettler,
Saxby Chambliss,
Ike Skelton,
Norman Sisisky
John Spratt,
Solomon P. Ortiz,
Owen B. Pickett,
Lane Evans,
Gene Taylor,
Neil Abercrombie,
Martin T. Meehan,
Robert A. Underwood,
Thomas Allen,
Vic Snyder,
James H. Maloney,
Mike McIntyre,
Ellen O. Tauscher,
Mike Thompson,
Provided that Mr. Kuykendall is appointed in lieu of
Mr. Kasich for consideration of section 2863 of the House
bill, and section 2862 of the Senate amendment, and
modifications committed to conference:
Steven T. Kuykendall,
From the Permanent Select Committee on Intelligence,
for consideration of matters within the jurisdiction of that
committee under clause 11 of rule X:
Porter J. Goss,
Jerry Lewis,
Julian C. Dixon,
From the Committee on Commerce, for consideration of
sections 601, 725, and 1501 of the House bill, and sections
342, 601, 618, 701, 1073, 1402, 2812, 3131, 3133, 3134, 3138,
3152, 3154, 3155, 3167 3169, 3171, 3201, and 3301 3303 of the
Senate amendment, and modifications committed to conference:
Tom Bliley,
Joe Barton,
John D. Dingell,
Provided that Mr. Bilirakis is appointed in lieu of
Mr. Barton of Texas for consideration of sections 601 and 725
of the House bill, and sections 601, 618, 701, and 1073 of the
Senate amendment, and modifications committed to conference:
Mike Bilirakis,
Provided that Mr. Oxley is appointed in lieu of Mr.
Barton of Texas for consideration of section 1501 of the House
bill, and sections 342 and 2812 of the Senate amendment, and
modifications committed to conference:
Michael G. Oxley,
From the Committee on Education and the Workforce,
for consideration of sections 341, 342, 504, and 1106 of the
House bill, and sections 311, 379, 553, 669, 1053, and title
XXXV of the Senate amendment, and modifications committed to
conference:
Bill Goodling,
Van Hilleary,
Patsy T. Mink,
From the Committee on Government Reform, for
consideration of sections 518, 651, 723, 801, 906, 1101 1104,
1106, 1107, and 3137 of the House bill, and sections 643, 651,
801, 806, 810, 814 816, 1010A 1044, 1045, 1057, 1063, 1069,
1073, 1101, 1102, 1104, and 1106 1118, title XIV, and sections
2871, 2881, 3155, and 3171 of the Senate amendment, and
modifications committed to conference:
Dan Burton,
Joe Scarborough,
Henry A. Waxman,
Provided that Mr. Horn is appointed in lieu of Mr.
Scarborough for consideration of section 801 of the House
bill, and sections 801, 806, 810, 814 816, 1010A, 1044, 1045,
1057, 1063, and 1101, title XIV, and sections 2871 and 2881 of
the Senate amendment, and modifications committee to
conference:
Stephen Horn,
Provided that Mr. McHugh is appointed in lieu of Mr.
Scarborough for consideration of section 1073 of the Senate
amendment, and modifications committed to conference:
John M. McHugh,
From the Committee on House Administration, for
consideration of sections 561 563 of the Senate amendment, and
modifications committed to conference:
William M. Thomas,
John Boehner,
Steny H. Hoyer,
From the Committee on International Relations, for
consideration of sections 1201, 1205, 1209, and 1210, title
XIII, and section 3136 of the House bill, and sections 1011,
1201 1203, 1206 1208, 1209, 1212, 1214, 3178, and 3193 of the
Senate amendment, and modifications committed to conference:
Bill Goodling,
From the Committee on the Judiciary, for
consideration of sections 543 and 906 of the House bill, and
sections 506, 645, 663, 668, 909, 1068, and 1106, title XV,
and title XXXV of the Senate amendment, and modifications
committed to conference:
Henry Hyde,
Charles T. Canady,
From the Committee on Resources, for consideration
of sections 312, 601, 1501, 2853, 2883, and 3402 of the House
bill, and sections 601 and 1059, title XIII, and sections
2871, 2893, and 3303 of the Senate amendment, and
modifications committed to conference:
Don Young,
Billy Tauzin,
From the Committee on Transportation and
Infrastructure, for consideration of sections 601, 2839, and
2881 of the House bill, and sections 502, 601, and 1072 of the
Senate amendment, and modifications committed to conference:
Bud Shuster,
Wayne T. Gilchrest
Brian Baird,
Provided that Mr. Pascrell is appointed in lieu of
Mr. Baird for consideration of section 1072 of the Senate
amendment, and modifications committed to conference:
Bill Pascrell, Jr.,
From the Committee on Veterans' Affairs, for
consideration of sections 535, 738, and 2831 of the House
bill, and sections 561 563, 648, 664 666, 671, 672, 682 684,
721, 722, and 1067 of the Senate amendment, and modifications
committed to conference:
Michael Bilirakis,
Jack Quinn,
Corrine Brown,
From the Committee on Ways and Means, for
consideration of section 725 of the House bill, and section
701 of the Senate amendment, and modifications committed to
conference:
William M. Thomas,
Managers on the Part of the House.
John W. Warner,
Strom Thurmond,
John McCain,
Bob Smith,
James Inhofe,
Rick Santorum,
Olympia J. Snowe,
Pat Roberts,
Wayne Allard,
Tim Hutchinson,
Jeff Sessions,
Carl Levin,
Edward Kennedy,
Jeff Bingaman,
Robert C. Byrd,
Chuck Robb,
Joe Lieberman,
Max Cleland,
Mary L. Landrieu,
Jack Reed,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill (H.R. 4205) to authorize appropriations for
fiscal year 2001 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes, submit the following joint
statement to the House and the Senate in explanation of the effect of
the action agreed upon by the managers and recommended in the
accompanying conference report:
The Senate amendment struck out all of the House bill after the
enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of the
Senate with an amendment which is a substitute for the House bill and
the Senate amendment. The differences between the House bill, the Senate
amendment, and the substitute agreed to in conference are noted below,
except for clerical corrections, conforming changes made necessary by
agreements reached by the conferees, and minor drafting and clarifying
changes.
The conference agreement would enact the provisions of H.R. 5408 as
introduced on October 6, 2000. The text of that bill follows:
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001''.
(b) Findings.--Congress makes the following findings:
(1) Representative Floyd D. Spence of South Carolina was elected to
the House of Representatives in 1970, for service in the 92d Congress,
after serving in the South Carolina legislature for 10 years, and he has
been reelected to each subsequent Congress.
(2) Representative Spence came to Congress as a distinguished
veteran of service in the Armed Forces of the United States.
(3) Upon graduation from college in 1952, Representative Spence was
commissioned as an ensign in the United States Naval Reserve. After
entering active duty, he served with distinction aboard the USS CARTER
HALL and the USS LSM 397 during the Korean War and later served as
commanding officer of a Naval Reserve Surface Division and as group
commander of all Naval Reserve units in Columbia, South Carolina.
Representative Spence retired from the Naval Reserve in 1988 in the
grade of captain, after 41 years of dedicated service.
(4) Upon election to the House of Representatives, Representative
Spence became a member of the Committee on Armed Services of that body.
During 30 years of service on that committee (4 years of which were
served while the committee was known as the Committee on National
Security), Representative Spence's contributions to the national defense
and security of the United States have been profound and long lasting.
(5) Representative Spence served as chairman of that committee while
known as the Committee on National Security during the 104th and 105th
Congresses and serves as chairman of that committee for the 106th
Congress. In addition, Representative Spence served as the ranking
minority member of the Committee on Armed Services during the 103d
Congress.
(6) Dozens of awards from active duty and reserve military, veterans
service, military retiree, and industry organizations and associations
have recognized the distinguished character of Representative Spence's
service to the Nation.
(7) Representative Spence has been a leading figure in the debate
over many of the most critical military readiness, health care,
recruiting, and retention issues currently confronting the Nation's
military. His concern for the men and women in uniform has been
unwavering, and his accomplishments in promoting and gaining support for
those issues that preserve the combat effectiveness, morale, and quality
of life of the Nation's military personnel have been unparalleled.
(8) During his tenure as chairman of the Committee on National
Security and the Committee on Armed Services of the House of
Representatives, Representative Spence has--
(A) led efforts to identify and reverse the effect that declining
resources and rising commitments have had on military quality of life
for service members and their families, on combat readiness, and on
equipment modernization, with a direct result of those diligent efforts
and of his willingness to be an outspoken proponent for America's
military being that Congress has added nearly $50,000,000,000 to the
President's defense budgets over the past 5 years;
(B) been a leading proponent of the need to expeditiously develop
and field a national missile defense to protect American citizens and
forward deployed military forces from growing ballistic missile threats;
(C) advocated reversing the growing disparity between actual
military capability and the requirements associated with the National
Military Strategy; and
(D) led efforts in Congress to reform Department of Defense
acquisition and management headquarters and infrastructure and business
practices.
(9) This Act is the 30th annual authorization bill for the
Department of Defense for which Representative Spence has taken a major
responsibility as a member of the Committee on Armed Services of the
House of Representatives (including 4 years while that committee was
known as the Committee on National Security).
(10) In light of the findings in the preceding paragraphs, it is
altogether fitting and proper that this Act be named in honor of
Representative Floyd D. Spence of South Carolina, as provided in
subsection (a).
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
SUBTITLE B--ARMY PROGRAMS
Sec. 111. Multiyear procurement authority.
Sec. 112. Increase in limitation on number of bunker defeat
munitions that may be acquired.
Sec. 113. Reports and limitations relating to Army transformation.
SUBTITLE C--NAVY PROGRAMS
Sec. 121. CVNX 1 nuclear aircraft carrier program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Virginia class submarine program.
Sec. 124. Limitation during fiscal year 2001 on changes in
submarine force structure.
Sec. 125. ADC(X) ship program.
Sec. 126. Refueling and complex overhaul program of the U.S.S.
Dwight D. Eisenhower.
Sec. 127. Analysis of certain shipbuilding programs.
Sec. 128. Helicopter support of FFG 7 frigates during fiscal year 2001.
Sec. 129. V 22 cockpit aircraft voice and flight data recorders.
SUBTITLE D--AIR FORCE PROGRAMS
Sec. 131. Annual report on B 2 bomber.
Sec. 132. Report on modernization of Air National Guard F 16A units.
SUBTITLE E--JOINT PROGRAMS
Sec. 141. Study of final assembly and checkout alternatives for
the Joint Strike Fighter program.
SUBTITLE F--CHEMICAL DEMILITARIZATION
Sec. 151. Pueblo Chemical Depot chemical agent and munitions
destruction technologies.
Sec. 152. Report on assessment of need for Federal economic
assistance for communities impacted by chemical demilitarization
activities.
Sec. 153. Prohibition against disposal of non-stockpile chemical
warfare material at Anniston chemical stockpile disposal facility.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
SUBTITLE B--PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
Sec. 211. Management of Space-Based Infrared System--Low.
Sec. 212. Joint Strike Fighter program.
Sec. 213. Fiscal year 2002 joint field experiment.
Sec. 214. Nuclear aircraft carrier design and production modeling.
Sec. 215. DD 21 class destroyer program.
Sec. 216. Limitation on Russian American Observation Satellites program.
Sec. 217. Joint biological defense program.
Sec. 218. Report on biological warfare defense vaccine research
and development programs.
Sec. 219. Cost limitations applicable to F 22 aircraft program.
Sec. 220. Unmanned advanced capability combat aircraft and ground
combat vehicles.
Sec. 221. Global Hawk high altitude endurance unmanned aerial vehicle.
Sec. 222. Army space control technology development.
SUBTITLE C--BALLISTIC MISSILE DEFENSE
Sec. 231. Funding for fiscal year 2001.
Sec. 232. Reports on ballistic missile threat posed by North Korea.
Sec. 233. Plan to modify ballistic missile defense architecture.
Sec. 234. Management of Airborne Laser program.
SUBTITLE D--HIGH ENERGY LASER PROGRAMS
Sec. 241. Funding.
Sec. 242. Implementation of High Energy Laser Master Plan.
Sec. 243. Designation of senior official for high energy laser programs.
Sec. 244. Site for Joint Technology Office.
Sec. 245. High energy laser infrastructure improvements.
Sec. 246. Cooperative programs and activities.
Sec. 247. Technology plan.
Sec. 248. Annual report.
Sec. 249. Definition.
Sec. 250. Review of defense-wide directed energy programs.
SUBTITLE E--OTHER MATTERS
Sec. 251. Reports on mobile offshore base concept and potential
use for certain purposes of technologies associated with that concept.
Sec. 252. Air Force science and technology planning.
Sec. 253. Enhancement of authorities regarding education
partnerships for purposes of encouraging scientific study.
Sec. 254. Recognition of those individuals instrumental to naval
research efforts during the period from before World War II through the
end of the Cold War.
TITLE III--OPERATION AND MAINTENANCE
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Joint warfighting capabilities assessment teams.
SUBTITLE B--ENVIRONMENTAL PROVISIONS
Sec. 311. Establishment of additional environmental restoration
account and use of accounts for operation and monitoring of
environmental remedies.
Sec. 312. Certain environmental restoration activities.
Sec. 313. Annual reports under Strategic Environmental Research
and Development Program.
Sec. 314. Payment of fines and penalties for environmental
compliance at Fort Wainwright, Alaska.
Sec. 315. Payment of fines or penalties imposed for environmental
compliance violations at other Department of Defense facilities.
Sec. 316. Reimbursement for certain costs in connection with the
former Nansemond Ordnance Depot Site, Suffolk, Virginia.
Sec. 317. Necessity of military low-level flight training to
protect national security and enhance military readiness.
Sec. 318. Ship disposal project.
Sec. 319. Defense Environmental Security Corporate Information
Management Program.
Sec. 320. Report on Plasma Energy Pyrolysis System.
Sec. 321. Sense of Congress regarding environmental restoration of
former defense manufacturing site, Santa Clarita, California.
SUBTITLE C--COMMISSARIES AND NONAPPROPRIATED FUND INSTRUMENTALITIES
Sec. 331. Use of appropriated funds to cover operating expenses of
commissary stores.
Sec. 332. Adjustment of sales prices of commissary store goods and
services to cover certain expenses.
Sec. 333. Use of surcharges for construction and improvement of
commissary stores.
Sec. 334. Inclusion of magazines and other periodicals as an
authorized commissary merchandise category.
Sec. 335. Use of most economical distribution method for distilled
spirits.
Sec. 336. Report on effects of availability of slot machines on
United States military installations overseas.
SUBTITLE D--DEPARTMENT OF DEFENSE INDUSTRIAL FACILITIES
Sec. 341. Designation of Centers of Industrial and Technical
Excellence and public-private partnerships to increase utilization of
such centers.
Sec. 342. Unutilized and underutilized plant-capacity costs of
United States arsenals.
Sec. 343. Arsenal support program initiative.
Sec. 344. Codification and improvement of armament retooling and
manufacturing support programs.
SUBTITLE E--PERFORMANCE OF FUNCTIONS BY PRIVATE-SECTOR SOURCES
Sec. 351. Inclusion of additional information in reports to
Congress required before conversion of commercial or industrial type
functions to contractor performance.
Sec. 352 Effects of outsourcing on overhead costs of Centers of
Industrial and Technical Excellence and Army ammunition plants.
Sec. 353. Consolidation, restructuring, or reengineering of
Department of Defense organizations, functions, or activities.
Sec. 354. Monitoring of savings resulting from workforce
reductions as part of conversion of functions to performance by private
sector or other strategic sourcing initiatives.
Sec. 355. Performance of emergency response functions at chemical
weapons storage installations.
Sec. 356. Suspension of reorganization or relocation of Naval
Audit Service.
SUBTITLE F--DEFENSE DEPENDENTS EDUCATION
Sec. 361. Eligibility of dependents of American Red Cross
employees for enrollment in Department of Defense domestic dependent
schools in Puerto Rico.
Sec. 362. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 363. Impact aid for children with severe disabilities.
Sec. 364. Assistance for maintenance, repair, and renovation of
school facilities that serve dependents of members of the Armed Forces
and Department of Defense civilian employees.
SUBTITLE G--MILITARY READINESS ISSUES
Sec. 371. Measuring cannibalization of parts, supplies, and
equipment under readiness reporting system.
Sec. 372. Reporting requirements regarding transfers from
high-priority readiness appropriations.
Sec. 373. Effects of worldwide contingency operations on readiness
of military aircraft and equipment.
Sec. 374. Identification of requirements to reduce backlog in
maintenance and repair of defense facilities.
Sec. 375. New methodology for preparing budget requests to satisfy
Army readiness requirements.
Sec. 376. Review of AH 64 aircraft program.
Sec. 377. Report on Air Force spare and repair parts program for C
5 aircraft.
SUBTITLE H--OTHER MATTERS
Sec. 381. Annual report on public sale of certain military
equipment identified on United States Munitions List.
Sec. 382. Resale of armor-piercing ammunition disposed of by the Army.
Sec. 383. Reimbursement by civil air carriers for support provided
at Johnston Atoll.
Sec. 384. Travel by Reserves on military aircraft.
Sec. 385. Overseas airlift service on Civil Reserve Air Fleet aircraft.
Sec. 386. Additions to plan for ensuring visibility over all
in-transit end items and secondary items.
Sec. 387. Reauthorization of pilot program for acceptance and use
of landing fees charged for use of domestic military airfields by civil
aircraft.
Sec. 388. Extension of authority to sell certain aircraft for use
in wildfire suppression.
Sec. 389. Damage to aviation facilities caused by alkali silica
reactivity.
Sec. 390. Demonstration project to increase reserve component
internet access and services in rural communities.
Sec. 391. Additional conditions on implementation of Defense Joint
Accounting System.
Sec. 392. Report on Defense Travel System.
Sec. 393. Review of Department of Defense costs of maintaining
historical properties.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
SUBTITLE A--ACTIVE FORCES
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Adjustment to end strength flexibility authority.
SUBTITLE B--RESERVE FORCES
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of
the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2001 limitation on non-dual status technicians.
Sec. 415. Increase in numbers of members in certain grades
authorized to be on active duty in support of the Reserves.
SUBTITLE C--OTHER MATTERS RELATING TO PERSONNEL STRENGTHS
Sec. 421. Authority for Secretary of Defense to suspend certain
personnel strength limitations during war or national emergency.
Sec. 422. Exclusion from active component end strengths of certain
reserve component members on active duty in support of the combatant
commands.
Sec. 423. Exclusion of Army and Air Force medical and dental
officers from limitation on strengths of reserve commissioned officers
in grades below brigadier general.
Sec. 424. Authority for temporary increases in number of reserve
component personnel serving on active duty or full-time national guard
duty in certain grades.
SUBTITLE D--AUTHORIZATION OF APPROPRIATIONS
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
SUBTITLE A--OFFICER PERSONNEL POLICY
Sec. 501. Eligibility of Army and Air Force Reserve colonels and
brigadier generals for position vacancy promotions.
Sec. 502. Flexibility in establishing promotion zones for Coast
Guard Reserve officers.
Sec. 503. Time for release of reports of officer promotion
selection boards.
Sec. 504. Clarification of requirements for composition of
active-duty list selection boards when reserve officers are under
consideration.
Sec. 505. Authority to issue posthumous commissions in the case of
members dying before official recommendation for appointment or
promotion is approved by Secretary concerned.
Sec. 506. Technical corrections relating to retired grade of
reserve commissioned officers.
Sec. 507. Grade of chiefs of reserve components and directors of
National Guard components.
Sec. 508. Revision to rules for entitlement to separation pay for
regular and reserve officers.
SUBTITLE B--RESERVE COMPONENT PERSONNEL POLICY
Sec. 521. Exemption from active-duty list for reserve officers on
active duty for a period of three years or less.
Sec. 522. Termination of application requirement for consideration
of officers for continuation on the reserve active-status list.
Sec. 523. Authority to retain Air Force Reserve officers in all
medical specialties until specified age.
Sec. 524. Authority for provision of legal services to reserve
component members following release from active duty.
Sec. 525. Extension of involuntary civil service retirement date
for certain reserve technicians.
SUBTITLE C--EDUCATION AND TRAINING
Sec. 531. Eligibility of children of Reserves for Presidential
appointment to service academies.
Sec. 532. Selection of foreign students to receive instruction at
service academies.
Sec. 533. Revision of college tuition assistance program for
members of Marine Corps Platoon Leaders Class program.
Sec. 534. Review of allocation of Junior Reserve Officers Training
Corps units among the services.
Sec. 535. Authority for Naval Postgraduate School to enroll
certain defense industry civilians in specified programs relating to
defense product development.
SUBTITLE D--DECORATIONS, AWARDS, AND COMMENDATIONS
Sec. 541. Limitation on award of Bronze Star to members in receipt
of imminent danger pay.
Sec. 542. Consideration of proposals for posthumous or honorary
promotions or appointments of members or former members of the Armed
Forces and other qualified persons.
Sec. 543. Waiver of time limitations for award of certain
decorations to certain persons.
Sec. 544. Addition of certain information to markers on graves
containing remains of certain unknowns from the U.S.S. Arizona who died
in the Japanese attack on Pearl Harbor on December 7, 1941.
Sec. 545. Sense of Congress on the court-martial conviction of
Captain Charles Butler McVay, Commander of the U.S.S. Indianapolis, and
on the courageous service of the crew of that vessel.
Sec. 546. Posthumous advancement on retired list of Rear Admiral
Husband E. Kimmel and Major General Walter C. Short, senior officers in
command in Hawaii on December 7, 1941.
Sec. 547. Commendation of citizens of Remy, France, for World War
II actions.
Sec. 548. Authority for Award of the Medal of Honor to William H.
Pitsenbarger for valor during the Vietnam War.
SUBTITLE E--MILITARY JUSTICE AND LEGAL ASSISTANCE MATTERS
Sec. 551. Recognition by States of military testamentary instruments.
Sec. 552. Policy concerning rights of individuals whose names have
been entered into Department of Defense official criminal investigative
reports.
Sec. 553. Limitation on Secretarial authority to grant clemency
for military prisoners serving sentence of confinement for life without
eligibility for parole.
Sec. 554. Authority for civilian special agents of military
department criminal investigative organizations to execute warrants and
make arrests.
Sec. 555. Requirement for verbatim record in certain special
court-martial cases.
Sec. 556. Commemoration of the 50th anniversary of the Uniform
Code of Military Justice.
SUBTITLE F--MATTERS RELATING TO RECRUITING
Sec. 561. Army recruiting pilot programs.
Sec. 562. Enhancement of recruitment market research and
advertising programs.
Sec. 563. Access to secondary schools for military recruiting purposes.
Sec. 564. Pilot program to enhance military recruiting by
improving military awareness of school counselors and educators.
SUBTITLE G--OTHER MATTERS
Sec. 571. Extension to end of calendar year of expiration date for
certain force drawdown transition authorities.
Sec. 572. Voluntary separation incentive.
Sec. 573. Congressional review period for assignment of women to
duty on submarines and for any proposed reconfiguration or design of
submarines to accommodate female crew members.
Sec. 574. Management and per diem requirements for members subject
to lengthy or numerous deployments.
Sec. 575. Pay in lieu of allowance for funeral honors duty.
Sec. 576. Test of ability of reserve component intelligence units
and personnel to meet current and emerging defense intelligence needs.
Sec. 577. National Guard Challenge Program.
Sec. 578. Study of use of civilian contractor pilots for
operational support missions.
Sec. 579. Reimbursement for expenses incurred by members in
connection with cancellation of leave on short notice.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
SUBTITLE A--PAY AND ALLOWANCES
Sec. 601. Increase in basic pay for fiscal year 2001.
Sec. 602. Additional restructuring of basic pay rates for enlisted
members.
Sec. 603. Revised method for calculation of basic allowance for
subsistence.
Sec. 604. Family subsistence supplemental allowance for low-income
members of the Armed Forces.
Sec. 605. Basic allowance for housing.
Sec. 606. Additional amount available for fiscal year 2001
increase in basic allowance for housing inside the United States.
Sec. 607. Equitable treatment of junior enlisted members in
computation of basic allowance for housing.
Sec. 608. Eligibility of members in grade E 4 to receive basic
allowance for housing while on sea duty.
Sec. 609. Personal money allowance for senior enlisted members of
the Armed Forces.
Sec. 610. Increased uniform allowances for officers.
Sec. 611. Cabinet-level authority to prescribe requirements and
allowance for clothing of enlisted members.
Sec. 612. Increase in monthly subsistence allowance for members of
precommissioning programs.
SUBTITLE B--BONUSES AND SPECIAL AND INCENTIVE PAYS
Sec. 621. Extension of certain bonuses and special pay authorities
for reserve forces.
Sec. 622. Extension of certain bonuses and special pay authorities
for nurse officer candidates, registered nurses, and nurse anesthetists.
Sec. 623. Extension of authorities relating to payment of other
bonuses and special pays.
Sec. 624. Revision of enlistment bonus authority.
Sec. 625. Consistency of authorities for special pay for reserve
medical and dental officers.
Sec. 626. Elimination of required congressional notification
before implementation of certain special pay authority.
Sec. 627. Special pay for physician assistants of the Coast Guard.
Sec. 628. Authorization of special pay and accession bonus for
pharmacy officers.
Sec. 629. Correction of references to Air Force veterinarians.
Sec. 630. Career sea pay.
Sec. 631. Increased maximum rate of special duty assignment pay.
Sec. 632. Entitlement of members of the National Guard and other
reserves not on active duty to receive special duty assignment pay.
Sec. 633. Authorization of retention bonus for members of the
Armed Forces qualified in a critical military skill.
Sec. 634. Entitlement of active duty officers of the Public Health
Service Corps to special pays and bonuses of health professional
officers of the Armed Forces.
SUBTITLE C--TRAVEL AND TRANSPORTATION ALLOWANCES
Sec. 641. Advance payments for temporary lodging of members and
dependents.
Sec. 642. Additional transportation allowance regarding baggage
and household effects.
Sec. 643. Incentive for shipping and storing household goods in
less than average weights.
Sec. 644. Equitable dislocation allowances for junior enlisted members.
Sec. 645. Authority to reimburse military recruiters, Senior ROTC
cadre, and military entrance processing personnel for certain parking
expenses.
Sec. 646. Expansion of funded student travel for dependents.
SUBTITLE D--RETIREMENT AND SURVIVOR BENEFIT MATTERS
Sec. 651. Exception to high-36 month retired pay computation for
members retired following a disciplinary reduction in grade.
Sec. 652. Increase in maximum number of Reserve retirement points
that may be credited in any year.
Sec. 653. Retirement from active reserve service after regular
retirement.
Sec. 654. Same treatment for Federal judges as for other Federal
officials regarding payment of military retired pay.
Sec. 655. Reserve component Survivor Benefit Plan spousal consent
requirement.
Sec. 656. Sense of Congress on increasing Survivor Benefit Plan
annuities for surviving spouses age 62 or older.
Sec. 657. Revision to special compensation authority to repeal
exclusion of uniformed services retirees in receipt of disability
retired pay.
SUBTITLE E--OTHER MATTERS
Sec. 661. Participation in Thrift Savings Plan.
Sec. 662. Determinations of income eligibility for special
supplemental food program.
Sec. 663. Billeting services for reserve members traveling for
inactive-duty training.
Sec. 664. Settlement of claims for payments for unused accrued
leave and for retired pay.
Sec. 665. Additional benefits and protections for personnel
incurring injury, illness, or disease in the performance of funeral
honors duty.
Sec. 666. Authority for extension of deadline for filing claims
associated with capture and internment of certain persons by North
Vietnam.
Sec. 667. Back pay for members of the Navy and Marine Corps
selected for promotion while interned as prisoners of war during World
War II.
Sec. 668. Sense of Congress concerning funding for reserve components.
TITLE VII--HEALTH CARE PROVISIONS
SUBTITLE A--HEALTH CARE SERVICES
Sec. 701. Provision of domiciliary and custodial care for CHAMPUS
beneficiaries and certain former CHAMPUS beneficiaries.
Sec. 702. Chiropractic health care for members on active duty.
Sec. 703. School-required physical examinations for certain minor
dependents.
Sec. 704. Two-year extension of dental and medical benefits for
surviving dependents of certain deceased members.
Sec. 705. Two-year extension of authority for use of contract
physicians at military entrance processing stations and elsewhere
outside medical treatment facilities.
Sec. 706. Medical and dental care for Medal of Honor recipients.
SUBTITLE B--SENIOR HEALTH CARE
Sec. 711. Implementation of TRICARE senior pharmacy program.
Sec. 712. Conditions for eligibility for CHAMPUS and TRICARE upon
the attainment of age 65; expansion and modification of medicare
subvention project.
Sec. 713. Accrual funding for health care for medicare-eligible
retirees and dependents.
SUBTITLE C--TRICARE PROGRAM
Sec. 721. Improvement of access to health care under the TRICARE
program.
Sec. 722. Additional beneficiaries under TRICARE Prime Remote
program in the continental United States.
Sec. 723. Modernization of TRICARE business practices and increase
of use of military treatment facilities.
Sec. 724. Extension of TRICARE managed care support contracts.
Sec. 725. Report on protections against health care providers
seeking direct reimbursement from members of the uniformed services.
Sec. 726. Voluntary termination of enrollment in TRICARE retiree
dental program.
Sec. 727. Claims processing improvements.
Sec. 728. Prior authorizations for certain referrals and
nonavailability-of-health-care statements.
SUBTITLE D--DEMONSTRATION PROJECTS
Sec. 731. Demonstration project for expanded access to mental
health counselors.
Sec. 732. Teleradiology demonstration project.
Sec. 733. Health care management demonstration program.
SUBTITLE E--JOINT INITIATIVES WITH DEPARTMENT OF VETERANS AFFAIRS
Sec. 741. VA-DOD sharing agreements for health services.
Sec. 742. Processes for patient safety in military and veterans
health care systems.
Sec. 743. Cooperation in developing pharmaceutical identification
technology.
SUBTITLE F--OTHER MATTERS
Sec. 751. Management of anthrax vaccine immunization program.
Sec. 752. Elimination of copayments for immediate family.
Sec. 753. Medical informatics.
Sec. 754. Patient care reporting and management system.
Sec. 755. Augmentation of Army Medical Department by detailing
Reserve officers of the Public Health Service.
Sec. 756. Privacy of Department of Defense medical records.
Sec. 757. Authority to establish special locality-based
reimbursement rates; reports.
Sec. 758. Reimbursement for certain travel expenses.
Sec. 759. Reduction of cap on payments.
Sec. 760. Training in health care management and administration.
Sec. 761. Studies on feasibility of sharing biomedical research
facility.
Sec. 762. Study on comparability of coverage for physical, speech,
and occupational therapies.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
SUBTITLE A--AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES, PROCEDURES,
AND LIMITATIONS
Sec. 801. Department of Defense acquisition pilot programs.
Sec. 802. Multiyear services contracts.
Sec. 803. Clarification and extension of authority to carry out
certain prototype projects.
Sec. 804. Clarification of authority of Comptroller General to
review records of participants in certain prototype projects.
Sec. 805. Extension of time period of limitation on procurement of
ball bearings and roller bearings.
Sec. 806. Reporting requirements relating to multiyear contracts.
Sec. 807. Eligibility of small business concerns owned and
controlled by women for assistance under the mentor-protege program.
Sec. 808. Qualifications required for employment and assignment in
contracting positions.
Sec. 809. Revision of authority for solutions-based contracting
pilot program.
Sec. 810. Procurement notice of contracting opportunities through
electronic means.
SUBTITLE B--INFORMATION TECHNOLOGY
Sec. 811. Acquisition and management of information technology.
Sec. 812. Tracking and management of information technology purchases.
Sec. 813. Appropriate use of requirements regarding experience and
education of contractor personnel in the procurement of information
technology services.
Sec. 814. Navy-Marine Corps Intranet.
Sec. 815. Sense of Congress regarding information technology
systems for Guard and Reserve components.
SUBTITLE C--OTHER ACQUISITION-RELATED MATTERS
Sec. 821. Improvements in procurements of services.
Sec. 822. Financial analysis of use of dual rates for quantifying
overhead costs at Army ammunition plants.
Sec. 823. Repeal of prohibition on use of Department of Defense
funds for procurement of nuclear-capable shipyard crane from a foreign
source.
Sec. 824. Extension of waiver period for live-fire survivability
testing for MH 47E and MH 60K helicopter modification programs.
Sec. 825. Compliance with existing law regarding purchases of
equipment and products.
Sec. 826. Requirement to disregard certain agreements in awarding
contracts for the purchase of firearms or ammunition.
SUBTITLE D--STUDIES AND REPORTS
Sec. 831. Study on impact of foreign sourcing of systems on
long-term military readiness and related industrial infrastructure.
Sec. 832. Study of policies and procedures for transfer of
commercial activities.
Sec. 833. Study and report on practice of contract bundling in
military construction contracts.
Sec. 834. Requirement to conduct study on contract bundling.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SUBTITLE A--DUTIES AND FUNCTIONS OF DEPARTMENT OF DEFENSE OFFICERS
Sec. 901. Overall supervision of Department of Defense activities
for combating terrorism.
Sec. 902. Change of title of certain positions in the
Headquarters, Marine Corps.
Sec. 903. Clarification of scope of Inspector General authorities
under military whistleblower law.
Sec. 904. Policy to ensure conduct of science and technology
programs so as to foster the transition of science and technology to
higher levels of research, development, test, and evaluation.
Sec. 905. Additional components of Chairman of the Joint Chiefs of
staff annual report on combatant command requirements.
SUBTITLE B--DEPARTMENT OF DEFENSE ORGANIZATIONS
Sec. 911. Western Hemisphere Institute for Security Cooperation.
Sec. 912. Department of Defense regional centers for security studies.
Sec. 913. Change in name of Armed Forces Staff College to Joint
Forces Staff College.
Sec. 914. Special authority for administration of Navy Fisher Houses.
Sec. 915. Supervisory control of Armed Forces Retirement Home
board by Secretary of Defense.
Sec. 916. Semiannual report on Joint Requirements Oversight
Council reform initiative.
Sec. 917. Comptroller General review of operations of Defense
Logistics Agency.
Sec. 918. Comptroller General review of operations of Defense
Information Systems Agency.
SUBTITLE C--INFORMATION SECURITY
Sec. 921. Institute for Defense Computer Security and Information
Protection.
Sec. 922. Information security scholarship program.
SUBTITLE D--REPORTS
Sec. 931. Date of submittal of reports on shortfalls in equipment
procurement and military construction for the reserve components in
future-years defense programs.
Sec. 932. Report on number of personnel assigned to legislative
liaison functions.
Sec. 933. Joint report on establishment of national collaborative
information analysis capability.
Sec. 934. Network centric warfare.
Sec. 935. Report on Air Force Institute of Technology.
SUBTITLE E--OTHER MATTERS
Sec. 941. Flexibility in implementation of limitation on major
Department of Defense headquarters activities personnel.
Sec. 942. Consolidation of certain Navy gift funds.
Sec. 943. Temporary authority to dispose of a gift previously
accepted for the Naval Academy.
TITLE X--GENERAL PROVISIONS
SUBTITLE A--FINANCIAL MATTERS
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations
for fiscal year 2000.
Sec. 1004. United States contribution to NATO common-funded
budgets in fiscal year 2001.
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping
operations for fiscal year 2001.
Sec. 1006. Requirement for prompt payment of contract vouchers.
Sec. 1007. Plan for prompt recording of obligations of funds for
contractual transactions.
Sec. 1008. Electronic submission and processing of claims for
contract payments.
Sec. 1009. Administrative offsets for overpayment of
transportation costs.
Sec. 1010. Interest penalties for late payment of interim payments
due under Government service contracts.
SUBTITLE B--NAVAL VESSELS AND SHIPYARDS
Sec. 1011. Revisions to national defense features program.
Sec. 1012. Sense of Congress on the naming of the CVN 77 aircraft
carrier.
Sec. 1013. Authority to transfer naval vessels to certain foreign
countries.
Sec. 1014. Authority to consent to retransfer of alternative
former naval vessel by Government of Greece.
SUBTITLE C--COUNTER-DRUG ACTIVITIES
Sec. 1021. Extension of authority to provide support for
counter-drug activities of Colombia.
Sec. 1022. Report on Department of Defense expenditures to support
foreign counter-drug activities.
Sec. 1023. Recommendations on expansion of support for
counter-drug activities.
Sec. 1024. Review of riverine counter-drug program.
Sec. 1025. Report on tethered aerostat radar system.
Sec. 1026. Sense of Congress regarding use of Armed Forces for
counter-drug and counter-terrorism activities.
SUBTITLE D--COUNTERTERRORISM AND DOMESTIC PREPAREDNESS
Sec. 1031. Preparedness of military installation first responders
for incidents involving weapons of mass destruction.
Sec. 1032. Additional weapons of mass destruction civil support teams.
Sec. 1033. Authority to provide loan guarantees to improve
domestic preparedness to combat cyberterrorism.
Sec. 1034. Report on the status of domestic preparedness against
the threat of biological terrorism.
Sec. 1035. Report on strategy, policies, and programs to combat
domestic terrorism.
SUBTITLE E--STRATEGIC FORCES
Sec. 1041. Revised nuclear posture review.
Sec. 1042. Plan for the long-term sustainment and modernization of
United States strategic nuclear forces.
Sec. 1043. Modification of scope of waiver authority for
limitation on retirement or dismantlement of strategic nuclear delivery
systems.
Sec. 1044. Report on the defeat of hardened and deeply buried targets.
Sec. 1045. Sense of Congress on the maintenance of the strategic
nuclear triad.
SUBTITLE F--MISCELLANEOUS REPORTING REQUIREMENTS
Sec. 1051. Management review of working-capital fund activities.
Sec. 1052. Report on submarine rescue support vessels.
Sec. 1053. Report on Federal Government progress in developing
information assurance strategies.
Sec. 1054. Department of Defense process for decisionmaking in
cases of false claims.
SUBTITLE G--GOVERNMENT INFORMATION SECURITY REFORM
Sec. 1061. Coordination of Federal information policy.
Sec. 1062. Responsibilities of certain agencies.
Sec. 1063. Relationship of Defense Information Assurance Program
to Government-wide information security program.
Sec. 1064. Technical and conforming amendments.
Sec. 1065. Effective date.
SUBTITLE H--SECURITY MATTERS
Sec. 1071. Limitation on granting of security clearances.
Sec. 1072. Process for prioritizing background investigations for
security clearances for Department of Defense personnel and defense
contractor personnel.
Sec. 1073. Authority to withhold certain sensitive information
from public disclosure.
Sec. 1074. Expansion of authority to exempt geodetic products of
the Department of Defense from public disclosure.
Sec. 1075. Expenditures for declassification activities.
Sec. 1076. Enhanced access to criminal history record information
for national security and other purposes
Sec. 1077. Two-year extension of authority to engage in commercial
activities as security for intelligence collection activities.
Sec. 1078. Coordination of nuclear weapons secrecy policies and
consideration of health of workers at former Department of Defense
nuclear facilities.
SUBTITLE I--OTHER MATTERS
Sec. 1081. Funds for administrative expenses under Defense Export
Loan Guarantee program.
Sec. 1082. Transit pass program for Department of Defense
personnel in poor air quality areas.
Sec. 1083. Transfer of Vietnam era TA 4 aircraft to nonprofit
foundation.
Sec. 1084. Transfer of 19th century cannon to museum.
Sec. 1085. Fees for providing historical information to the public.
Sec. 1086. Grants to American Red Cross for Armed Forces emergency
services.
Sec. 1087. Technical and clerical amendments.
Sec. 1088. Maximum size of parcel post packages transported
overseas for Armed Forces post offices.
Sec. 1089. Sense of Congress regarding tax treatment of members
receiving special pay for duty subject to hostile fire or imminent
danger.
Sec. 1090. Organization and management of Civil Air Patrol.
Sec. 1091. Additional duties for Commission to Assess United
States National Security Space Management and Organization.
Sec. 1092. Commission on the Future of the United States Aerospace
Industry.
Sec. 1093. Drug addiction treatment.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SUBTITLE A--CIVILIAN PERSONNEL MANAGEMENT GENERALLY
Sec. 1101. Employment and compensation of employees for temporary
organizations established by law or Executive order.
Sec. 1102. Assistive technology accommodations program.
Sec. 1103. Extension of authority for voluntary separations in
reductions in force.
Sec. 1104. Electronic maintenance of performance appraisal systems.
Sec. 1105. Study on civilian personnel services.
SUBTITLE B--DEMONSTRATION AND PILOT PROGRAMS
Sec. 1111. Pilot program for reengineering the equal employment
opportunity complaint process.
Sec. 1112. Work safety demonstration program.
Sec. 1113. Extension, expansion, and revision of authority for
experimental personnel program for scientific and technical personnel.
Sec. 1114. Clarification of personnel management authority under
personnel demonstration project.
SUBTITLE C--EDUCATIONAL ASSISTANCE
Sec. 1121. Restructuring the restriction on degree training.
Sec. 1122. Student loan repayment programs.
Sec. 1123. Extension of authority for tuition reimbursement and
training for civilian employees in the defense acquisition workforce.
SUBTITLE D--OTHER BENEFITS
Sec. 1131. Additional special pay for foreign language proficiency
beneficial for United States national security interests.
Sec. 1132. Approval authority for cash awards in excess of $10,000.
Sec. 1133. Leave for crews of certain vessels.
Sec. 1134. Life insurance for emergency essential Department of
Defense employees.
SUBTITLE E--INTELLIGENCE CIVILIAN PERSONNEL
Sec. 1141. Expansion of defense civilian intelligence personnel
system positions.
Sec. 1142. Increase in number of positions authorized for the
Defense Intelligence Senior Executive Service.
SUBTITLE F--VOLUNTARY SEPARATION INCENTIVE PAY AND EARLY RETIREMENT
AUTHORITY
Sec. 1151. Extension, revision, and expansion of authorities for
use of voluntary separation incentive pay and voluntary early
retirement.
Sec. 1152. Department of Defense employee voluntary early
retirement authority.
Sec. 1153. Limitations.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SUBTITLE A--MATTERS RELATED TO ARMS CONTROL
Sec. 1201. Support of United Nations-sponsored efforts to inspect
and monitor Iraqi weapons activities.
Sec. 1202. Support of consultations on Arab and Israeli arms
control and regional security issues.
Sec. 1203. Furnishing of nuclear test monitoring equipment to
foreign governments.
Sec. 1204. Additional matters for annual report on transfers of
militarily sensitive technology to countries and entities of concern.
SUBTITLE B--MATTERS RELATING TO THE BALKANS
Sec. 1211. Annual report assessing effect of continued operations
in the Balkans region on readiness to execute the national military
strategy.
Sec. 1212. Situation in the Balkans.
Sec. 1213. Semiannual report on Kosovo peacekeeping.
SUBTITLE C--NORTH ATLANTIC TREATY ORGANIZATION AND UNITED STATES FORCES
IN EUROPE
Sec. 1221. NATO fair burdensharing.
Sec. 1222. Repeal of restriction preventing cooperative airlift
support through acquisition and cross-servicing agreements.
Sec. 1223. GAO study on the benefits and costs of United States
military engagement in Europe.
SUBTITLE D--OTHER MATTERS
Sec. 1231. Joint data exchange center with Russian Federation on
early warning systems and notification of ballistic missile launches.
Sec. 1232. Report on sharing and exchange of ballistic missile
launch early warning data.
Sec. 1233. Annual report of Communist Chinese military companies
operating in the United States.
Sec. 1234. Adjustment of composite theoretical performance levels
of high performance computers.
Sec. 1235. Increased authority to provide health care services as
humanitarian and civic assistance.
Sec. 1236. Sense of Congress regarding the use of children as soldiers.
Sec. 1237. Sense of Congress regarding undersea rescue and recovery.
Sec. 1238. United States-China Security Review Commission.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of cooperative threat reduction programs
and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for elimination of
conventional weapons.
Sec. 1304. Limitations on use of funds for fissile material
storage facility.
Sec. 1305. Limitation on use of funds to support warhead
dismantlement processing.
Sec. 1306. Agreement on nuclear weapons storage sites.
Sec. 1307. Limitation on use of funds for construction of fossil
fuel energy plants; report.
Sec. 1308. Reports on activities and assistance under cooperative
threat reduction programs.
Sec. 1309. Russian chemical weapons elimination.
Sec. 1310. Limitation on use of funds for elimination of weapons
grade plutonium program.
Sec. 1311. Report on audits of Cooperative Threat Reduction programs.
TITLE XIV--COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM
ELECTROMAGNETIC PULSE (EMP) ATTACK
Sec. 1401. Establishment of commission.
Sec. 1402. Duties of commission.
Sec. 1403. Reports.
Sec. 1404. Powers.
Sec. 1405. Commission procedures.
Sec. 1406. Personnel matters.
Sec. 1407. Miscellaneous administrative provisions.
Sec. 1408. Funding.
Sec. 1409. Termination of the commission.
TITLE XV--NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO
Sec. 1501. Assistance for economic growth on Vieques.
Sec. 1502. Conveyance of Naval Ammunition Support Detachment,
Vieques Island.
Sec. 1503. Determination regarding continuation of Navy training.
Sec. 1504. Actions if training is approved.
Sec. 1505. Requirements if training is not approved or mandate for
referendum is vitiated.
Sec. 1506. Certain properties exempt from conveyance or transfer.
Sec. 1507. Moratorium on improvements at Fort Buchanan.
Sec. 1508. Transfer and management of Conservation Zones.
TITLE XVI--GI BILL EDUCATIONAL ASSISTANCE AND VETERANS CLAIMS
ASSISTANCE
SUBTITLE A--VETERANS EDUCATION BENEFITS
Sec. 1601. Additional opportunity for certain VEAP participants to
enroll in basic educational assistance under Montgomery GI Bill.
Sec. 1602. Modification of authority to pay tuition for off-duty
training and education.
SUBTITLE B--VETERANS CLAIMS ASSISTANCE
Sec. 1611. Clarification of Department of Veterans Affairs duty to
assist.
TITLE XVII--ASSISTANCE TO FIREFIGHTERS
Sec. 1701. Firefighter assistance.
Sec. 1702. Volunteer fire assistance program.
Sec. 1703. Burn research.
Sec. 1704. Study and demonstration projects regarding cases of
hepatitis C among certain emergency response employees.
Sec. 1705. Report on progress on spectrum sharing.
Sec. 1706. Sale or donation of excess defense property to assist
firefighting agencies.
Sec. 1707. Identification of defense technologies suitable for
use, or conversion for use, in providing fire and emergency medical
services.
TITLE XVIII--IMPACT AID
Sec. 1801. Short title.
Sec. 1802. Purpose.
Sec. 1803. Payments relating to Federal acquisition of real property.
Sec. 1804. Payments for eligible federally connected children.
Sec. 1805. Maximum amount of basic support payments.
Sec. 1806. Basic support payments for heavily impacted local
educational agencies.
Sec. 1807. Basic support payments for local educational agencies
affected by removal of Federal property.
Sec. 1808. Additional payments for local educational agencies with
high concentrations of children with severe disabilities.
Sec. 1809. Application for payments under sections 8002 and 8003.
Sec. 1810. Payments for sudden and substantial increases in
attendance of military dependents.
Sec. 1811. Construction.
Sec. 1812. State consideration of payments in providing State aid.
Sec. 1813. Federal administration.
Sec. 1814. Administrative hearings and judicial review.
Sec. 1815. Forgiveness of overpayments.
Sec. 1816. Definitions.
Sec. 1817. Authorization of appropriations.
Sec. 1818. Effective date.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal
year 2000 projects.
Sec. 2106. Modification of authority to carry out certain fiscal
year 1999 projects.
Sec. 2107. Modification of authority to carry out fiscal year 1998
project.
Sec. 2108. Authority to accept funds for realignment of certain
military construction project, Fort Campbell, Kentucky.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out fiscal year 1997
project at Marine Corps Combat Development Command, Quantico, Virginia.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal
year 1990 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authority to contribute to construction of airport
tower, Cheyenne Airport, Cheyenne, Wyoming.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1998
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1997
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
SUBTITLE A--MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY HOUSING
CHANGES
Sec. 2801. Joint use military construction projects.
Sec. 2802. Exclusion of certain costs from determination of
applicability of limitation on use of funds for improvement of family
housing.
Sec. 2803. Revision of space limitations for military family housing.
Sec. 2804. Modification of lease authority for high-cost military
family housing.
Sec. 2805. Provision of utilities and services under alternative
authority for acquisition and improvement of military housing.
Sec. 2806. Extension of alternative authority for acquisition and
improvement of military housing.
Sec. 2807. Expansion of definition of armory to include readiness
centers.
SUBTITLE B--REAL PROPERTY AND FACILITIES ADMINISTRATION
Sec. 2811. Increase in threshold for notice and wait requirements
for real property transactions.
Sec. 2812. Enhancement of authority of military departments to
lease non-excess property.
Sec. 2813. Conveyance authority regarding utility systems of
military departments.
Sec. 2814. Permanent conveyance authority to improve property
management.
SUBTITLE C--DEFENSE BASE CLOSURE AND REALIGNMENT
Sec. 2821. Scope of agreements to transfer property to
redevelopment authorities without consideration under the base closure
laws.
SUBTITLE D--LAND CONVEYANCES
PART I--ARMY CONVEYANCES
Sec. 2831. Transfer of jurisdiction, Rock Island Arsenal, Illinois.
Sec. 2832. Land conveyance, Army Reserve Center, Galesburg, Illinois.
Sec. 2833. Land conveyance, Charles Melvin Price Support Center,
Illinois.
Sec. 2834. Land conveyance, Fort Riley, Kansas.
Sec. 2835. Land conveyance, Fort Polk, Louisiana.
Sec. 2836. Land conveyance, Army Reserve Center, Winona, Minnesota.
Sec. 2837. Land conveyance, Fort Dix, New Jersey.
Sec. 2838. Land conveyance, Nike Site 43, Elrama, Pennsylvania.
Sec. 2839. Land exchange, Army Reserve Local Training Center,
Chattanooga, Tennessee.
Sec. 2840. Land exchange, Fort Hood, Texas.
Sec. 2841. Land conveyance, Fort Pickett, Virginia.
Sec. 2842. Land conveyance, Fort Lawton, Washington.
Sec. 2843. Land conveyance, Vancouver Barracks, Washington.
PART II--NAVY CONVEYANCES
Sec. 2846. Modification of land conveyance, Marine Corps Air
Station, El Toro, California.
Sec. 2847. Modification of authority for Oxnard Harbor District,
Port Hueneme, California, to use certain Navy property.
Sec. 2848. Transfer of jurisdiction, Marine Corps Air Station,
Miramar, California.
Sec. 2849. Land exchange, Marine Corps Recruit Depot, San Diego,
California.
Sec. 2850. Lease of property, Naval Air Station, Pensacola, Florida.
Sec. 2851. Land conveyance, Naval Reserve Center, Tampa, Florida.
Sec. 2852. Modification of land conveyance, Defense Fuel Supply
Point, Casco Bay, Maine.
Sec. 2853. Land conveyance, Naval Computer and Telecommunications
Station, Cutler, Maine.
Sec. 2854. Modification of land conveyance authority, former Naval
Training Center, Bainbridge, Cecil County, Maryland.
Sec. 2855. Land conveyance, Marine Corps Base, Camp Lejeune, North
Carolina.
Sec. 2856. Land exchange, Naval Air Reserve Center, Columbus, Ohio.
Sec. 2857. Land conveyance, Naval Station, Bremerton, Washington.
PART III--AIR FORCE CONVEYANCES
Sec. 2861. Land conveyance, Los Angeles Air Force Base, California.
Sec. 2862. Land conveyance, Point Arena Air Force Station, California.
Sec. 2863. Land conveyance, Lowry Air Force Base, Colorado.
Sec. 2864. Land conveyance, Wright Patterson Air Force Base, Ohio.
Sec. 2865. Modification of land conveyance, Ellsworth Air Force
Base, South Dakota.
Sec. 2866. Land conveyance, Mukilteo Tank Farm, Everett, Washington.
PART IV--OTHER CONVEYANCES
Sec. 2871. Land conveyance, Army and Air Force Exchange Service
property, Farmers Branch, Texas.
Sec. 2872. Land conveyance, former National Ground Intelligence
Center, Charlottesville, Virginia.
SUBTITLE E--OTHER MATTERS
Sec. 2881. Relation of easement authority to leased parkland,
Marine Corps Base, Camp Pendleton, California.
Sec. 2882. Extension of demonstration project for purchase of
fire, security, police, public works, and utility services from local
government agencies.
Sec. 2883. Acceptance and use of gifts for construction of third
building at United States Air Force Museum, Wright-Patterson Air Force
Base, Ohio.
Sec. 2884. Development of Marine Corps Heritage Center at Marine
Corps Base, Quantico, Virginia.
Sec. 2885. Activities relating to greenbelt at Fallon Naval Air
Station, Nevada.
Sec. 2886. Establishment of World War II memorial on Guam.
Sec. 2887. Naming of Army missile testing range at Kwajalein Atoll
as the Ronald Reagan Ballistic Missile Defense Test Site at Kwajalein
Atoll.
Sec. 2888. Designation of building at Fort Belvoir, Virginia, in
honor of Andrew T. McNamara.
Sec. 2889. Designation of Balboa Naval Hospital, San Diego,
California, in honor of Bob Wilson, a former member of the House of
Representatives.
Sec. 2890. Sense of Congress regarding importance of expansion of
National Training Center, Fort Irwin, California.
Sec. 2891. Sense of Congress regarding land transfers at Melrose
Range, New Mexico, and Yakima Training Center, Washington.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SUBTITLE A--NATIONAL SECURITY PROGRAMS AUTHORIZATIONS
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
SUBTITLE B--RECURRING GENERAL PROVISIONS
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and
construction activities.
Sec. 3127. Funds available for all national security programs of
the Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
SUBTITLE C--PROGRAM AUTHORIZATIONS, RESTRICTIONS, AND LIMITATIONS
Sec. 3131. Funding for termination costs of River Protection
Project, Richland, Washington.
Sec. 3132. Enhanced cooperation between National Nuclear Security
Administration and Ballistic Missile Defense Organization.
Sec. 3133. Reprogramming of funds available for infrastructure
upgrades or maintenance in certain accounts of the National Nuclear
Security Administration.
Sec. 3134. Adjustment of composite theoretical performance levels
for post-shipment verification reports on advanced supercomputer sales
to certain foreign nations.
Sec. 3135. Modification of counterintelligence polygraph program.
Sec. 3136. Employee incentives for employees at closure project
facilities.
Sec. 3137. Continuation of processing, treatment, and disposition
of legacy nuclear materials.
Sec. 3138. Limitation on use of certain funds pending
certification of compliance with Formerly Utilized Sites Remedial Action
Program funding prohibition.
Sec. 3139. Conceptual design for Subsurface Geosciences Laboratory
at Idaho National Engineering and Environmental Laboratory, Idaho Falls,
Idaho.
Sec. 3140. Report on National Ignition Facility, Lawrence
Livermore National Laboratory, Livermore, California.
Sec. 3141. River Protection Project, Richland, Washington.
Sec. 3142. Report on tank waste remediation system, Hanford
Reservation, Richland, Washington.
SUBTITLE D--MATTERS RELATING TO MANAGEMENT OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION
Sec. 3151. Term of office of person first appointed as Under
Secretary for Nuclear Security of the Department of Energy.
Sec. 3152. Membership of Under Secretary for Nuclear Security on
the Joint Nuclear Weapons Council.
Sec. 3153. Organization plan for field offices of the National
Nuclear Security Administration.
Sec. 3154. Required contents of future-years nuclear security program.
Sec. 3155. Future-years nuclear security program for fiscal year 2001.
Sec. 3156. Engineering and manufacturing research, development,
and demonstration by plant managers of certain nuclear weapons
production plants.
Sec. 3157. Prohibition on individuals engaging in concurrent
service or duties within National Nuclear Security Administration and
outside that Administration but within Department of Energy.
Sec. 3158. Annual plan for obligation of funds of the National
Nuclear Security Administration.
Sec. 3159. Authority to reorganize National Nuclear Security
Administration.
SUBTITLE E--NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT
Sec. 3161. Technology Infrastructure Pilot Program.
Sec. 3162. Report on small business participation in National
Nuclear Security Administration activities.
Sec. 3163. Study and report related to improving mission
effectiveness, partnerships, and technology transfer at national
security laboratories and nuclear weapons production facilities.
Sec. 3164. Report on effectiveness of National Nuclear Security
Administration technology development partnerships with non-Federal
entities.
Sec. 3165. Definitions.
SUBTITLE F--MATTERS RELATING TO DEFENSE NUCLEAR NONPROLIFERATION
Sec. 3171. Annual report on status of nuclear materials
protection, control, and accounting program.
Sec. 3172. Nuclear Cities Initiative.
Sec. 3173. Department of Energy nonproliferation monitoring.
Sec. 3174. Sense of Congress on the need for coordination of
nonproliferation programs.
Sec. 3175. Limitation on use of funds for International Nuclear
Safety Program.
SUBTITLE G--OTHER MATTERS
Sec. 3191. Extension of authority for appointment of certain
scientific, engineering, and technical personnel.
Sec. 3192. Biennial report containing update on nuclear test
readiness postures.
Sec. 3193. Frequency of reports on inadvertent releases of
Restricted Data and Formerly Restricted Data.
Sec. 3194. Form of certifications regarding the safety or
reliability of the nuclear weapons stockpile.
Sec. 3195. Authority to provide certificate of commendation to
Department of Energy and contractor employees for exemplary service in
stockpile stewardship and security.
Sec. 3196. Cooperative research and development agreements for
government-owned, contractor-operated laboratories.
Sec. 3197. Office of Arctic Energy.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Increased receipts under prior disposal authority.
Sec. 3303. Disposal of titanium.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Minimum price of petroleum sold from certain naval
petroleum reserves.
Sec. 3402. Repeal of authority to contract for cooperative or unit
plans affecting Naval Petroleum Reserve Numbered 1.
Sec. 3403. Disposal of Oil Shale Reserve Numbered 2.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2001.
Sec. 3502. Scrapping of National Defense Reserve Fleet vessels.
Sec. 3503. Authority to convey National Defense Reserve Fleet
vessel, Glacier.
Sec. 3504. Maritime intermodal research.
Sec. 3505. Maritime research and technology development.
Sec. 3506. Reporting of administered and oversight funds.
TITLE XXXVI--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM
Sec. 3601. Short title.
Sec. 3602. Findings; sense of Congress.
SUBTITLE A--ESTABLISHMENT OF COMPENSATION PROGRAM AND COMPENSATION FUND
Sec. 3611. Establishment of Energy Employees Occupational Illness
Compensation Program.
Sec. 3612. Establishment of Energy Employees Occupational Illness
Compensation Fund.
Sec. 3613. Legislative proposal.
Sec. 3614. Authorization of appropriations.
SUBTITLE B--PROGRAM ADMINISTRATION
Sec. 3621. Definitions for program administration.
Sec. 3622. Expansion of list of beryllium vendors.
Sec. 3623. Exposure in the performance of duty.
Sec. 3624. Advisory Board on Radiation and Worker Health.
Sec. 3625. Responsibilities of Secretary of Health and Human Services.
Sec. 3626. Designation of additional members of Special Exposure Cohort.
Sec. 3627. Separate treatment of chronic silicosis.
Sec. 3628. Compensation and benefits to be provided.
Sec. 3629. Medical benefits.
Sec. 3630. Separate treatment of certain uranium employees.
Sec. 3631. Assistance for claimants and potential claimants.
SUBTITLE C--TREATMENT, COORDINATION, AND FORFEITURE OF COMPENSATION AND
BENEFITS
Sec. 3641. Offset for certain payments.
Sec. 3642. Subrogation of the United States.
Sec. 3643. Payment in full settlement of claims.
Sec. 3644. Exclusivity of remedy against the United States and
against contractors and subcontractors.
Sec. 3645. Election of remedy for beryllium employees and atomic
weapons employees.
Sec. 3646. Certification of treatment of payments under other laws.
Sec. 3647. Claims not assignable or transferable; choice of remedies.
Sec. 3648. Attorney fees.
Sec. 3649. Certain claims not affected by awards of damages.
Sec. 3650. Forfeiture of benefits by convicted felons.
Sec. 3651. Coordination with other Federal radiation compensation laws.
SUBTITLE D--ASSISTANCE IN STATE WORKERS' COMPENSATION PROCEEDINGS
Sec. 3661. Agreements with States.
SEC. . CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
TITLE I--PROCUREMENT
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
SUBTITLE B--ARMY PROGRAMS
Sec. 111. Multiyear procurement authority.
Sec. 112. Increase in limitation on number of bunker defeat
munitions that may be acquired.
Sec. 113. Reports and limitations relating to Army transformation.
SUBTITLE C--NAVY PROGRAMS
Sec. 121. CVNX 1 nuclear aircraft carrier program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Virginia class submarine program.
Sec. 124. Limitation during fiscal year 2001 on changes in
submarine force structure.
Sec. 125. ADC(X) ship program.
Sec. 126. Refueling and complex overhaul program of the U.S.S.
Dwight D. Eisenhower.
Sec. 127. Analysis of certain shipbuilding programs.
Sec. 128. Helicopter support of FFG 7 frigates during fiscal year 2001.
Sec. 129. V 22 cockpit aircraft voice and flight data recorders.
SUBTITLE D--AIR FORCE PROGRAMS
Sec. 131. Annual report on B 2 bomber.
Sec. 132. Report on modernization of Air National Guard F 16A units.
SUBTITLE E--JOINT PROGRAMS
Sec. 141. Study of final assembly and checkout alternatives for
the Joint Strike Fighter program.
SUBTITLE F--CHEMICAL DEMILITARIZATION
Sec. 151. Pueblo Chemical Depot chemical agent and munitions
destruction technologies.
Sec. 152. Report on assessment of need for Federal economic
assistance for communities impacted by chemical demilitarization
activities.
Sec. 153. Prohibition against disposal of non-stockpile chemical
warfare material at Anniston chemical stockpile disposal facility.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2001
for procurement for the Army as follows:
(1) For aircraft, $1,550,012,000.
(2) For missiles, $1,320,681,000.
(3) For weapons and tracked combat vehicles, $2,436,324,000.
(4) For ammunition, $1,179,916,000.
(5) For other procurement, $4,235,719,000.
(6) For chemical agents and munitions destruction, $980,100,000, for--
(A) the destruction of lethal chemical agents and munitions in
accordance with section 1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the United
States that is not covered by section 1412 of such Act.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for fiscal
year 2001 for procurement for the Navy as follows:
(1) For aircraft, $8,394,338,000.
(2) For weapons, including missiles and torpedoes, $1,443,600,000.
(3) For shipbuilding and conversion, $12,826,919,000.
(4) For other procurement, $3,380,680,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated for
fiscal year 2001 for procurement for the Marine Corps in the amount of
$1,212,768,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized to
be appropriated for fiscal year 2001 for procurement of ammunition for
the Navy and the Marine Corps in the amount of $487,749,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2001
for procurement for the Air Force as follows:
(1) For aircraft, $9,923,868,000.
(2) For missiles, $2,863,778,000.
(3) For ammunition, $646,808,000.
(4) For other procurement, $7,711,647,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
(a) Amount Authorized.--Funds are hereby authorized to be
appropriated for fiscal year 2001 for Defense-wide procurement in the
amount of $2,278,408,000.
(b) Amount for National Missile Defense.--Of the funds authorized to
be appropriated in subsection (a), $74,530,000 shall be available for
the National Missile Defense program.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2001
for procurement for the Inspector General of the Department of Defense
in the amount of $3,300,000.
SEC. 106. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 2001
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $290,006,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY.
(a) M 2 A 3 Bradley Fighting Vehicle.--(1) Beginning with the fiscal
year 2001 program year, the Secretary of the Army may, in accordance
with section 2306b of title 10, United States Code, enter into one or
more multiyear contracts for procurement of M2A3 Bradley fighting
vehicles.
(2) The Secretary of the Army may execute a contract authorized by
paragraph (1) only after--
(A) there is a successful completion of a M2A3 Bradley initial
operational test and evaluation (IOT&E); and
(B) the Secretary certifies in writing to the congressional defense
committees that the vehicle met all required test parameters.
(b) Utility Helicopters.--Beginning with the fiscal year 2002 program
year, the Secretary of the Army may, in accordance with section 2306b of
title 10, United States Code, enter into one or more multiyear contracts
for procurement of UH 60 Blackhawk utility helicopters and, acting as
executive agent for the Department of the Navy, CH 60 Knighthawk utility
helicopters.
SEC. 112. INCREASE IN LIMITATION ON NUMBER OF BUNKER DEFEAT
MUNITIONS THAT MAY BE ACQUIRED.
Section 116(2) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103 337; 108 Stat. 2682) is amended by striking
``6,000'' and inserting ``8,500''.
SEC. 113. REPORTS AND LIMITATIONS RELATING TO ARMY TRANSFORMATION.
(a) Secretary of the Army Report on Objective Force Development
Process.--The Secretary of the Army shall submit to the congressional
defense committees a report on the process for developing the objective
force in the transformation of the Army. The report shall include the
following:
(1) The operational environments envisioned for the objective force.
(2) The threat assumptions on which research and development efforts
for transformation of the Army into the objective force are based.
(3) The potential operational and organizational concepts for the
objective force.
(4) The operational requirements anticipated for the operational
requirements document of the objective force.
(5) The anticipated schedule of Army transformation activities
through fiscal year 2012, together with--
(A) the projected funding requirements through that fiscal year for
research and development activities and procurement activities related
to transition to the objective force; and
(B) a summary of the anticipated investments of the Defense Advanced
Research Projects Agency in programs designed to lead to the fielding of
future combat systems for the objective force.
(6) A proposed plan for the comparison referred to in subsection (c).
If any of the information required by paragraphs (1) through (5) is
not available at the time the report is submitted, the Secretary shall
include in the report the anticipated schedule for the availability of
that information.
(b) Secretary of Defense Report on Objective Force Development
Process.--Not later than March 1, 2001, the Secretary of Defense shall
submit to the congressional defense committees a report on the process
for developing the objective force in the transformation of the Army.
The report shall include the following:
(1) The joint warfighting requirements that will be supported by the
fielding of the objective force, together with a description of the
adjustments that are planned to be made in the war plans of the
commanders of the unified combatant commands in relation to the fielding
of the objective force.
(2) The changes in lift requirements that may result from the
establishment and fielding of the combat brigades of the objective
force.
(3) The evaluation process that will be used to support
decisionmaking on the course of the Army transformation, including a
description of the operational evaluations and experimentation that will
be used to validate the operational requirements for the operational
requirements document of the objective force.
If any of the information required by paragraphs (1) through (3) is
not available at the time the report is submitted, the Secretary shall
include in the report the anticipated schedule for the availability of
that information.
(c) Costs and Effectiveness of Medium Armored Combat Vehicles for the
Interim Brigade Combat Teams.--(1) The Secretary of the Army shall
develop a plan for comparing--
(A) the costs and operational effectiveness of the infantry carrier
variant of the interim armored vehicles selected for the infantry
battalions of the interim brigade combat teams; and
(B) the costs and operational effectiveness of the troop-carrying
medium armored vehicles currently in the Army inventory for the use of
infantry battalions.
(2) The Secretary of the Army may not carry out the comparison
described in paragraph (1) until the Director of Operational Test and
Evaluation of the Department of Defense approves the plan for that
comparison developed under that paragraph.
(d) Limitation Pending Receipt of Secretary of the Army Report.--Not
more than 80 percent of the amount appropriated for fiscal year 2001 for
the procurement of armored vehicles in the family of new medium armored
vehicles may be obligated until--
(1) the Secretary of the Army submits to the congressional defense
committees the report required under subsection (a); and
(2) a period of 30 days has elapsed from the date of the submittal
of such report.
(e) Limitation Pending Comparison and Certification.--No funds
appropriated or otherwise made available to the Department of the Army
for any fiscal year may be obligated for acquisition of medium armored
combat vehicles to equip a third interim brigade combat team until--
(1) the plan for a comparison of costs and operational effectiveness
developed under subsection (c)(1), as approved under subsection (c)(2),
is carried out;
(2) the Secretary of Defense submits to the congressional defense
committees, after the completion of the comparison referred to in
paragraph (1), a certification that--
(A) the Secretary approves of the obligation of funds for that
purpose; and
(B) the force structure resulting from the acquisition and
subsequent operational capability of interim brigade combat teams will
not diminish the combat power of the Army; and
(3) a period of 30 days has elapsed from the date of the
certification under paragraph (2).
(f) Definitions.--In this section:
(1) The term ``transformation'', with respect to the Army, means the
actions being undertaken to transform the Army, as it is constituted in
terms of organization, equipment, and doctrine in 2000, into the
objective force.
(2) The term ``objective force'' means the Army that has the
organizational structure, the most advanced equipment that early
twenty-first century science and technology can provide, and the
appropriate doctrine to ensure that the Army is responsive, deployable,
agile, versatile, lethal, survivable, and sustainable for the full
spectrum of the operations anticipated to be required of the Army during
the early years of the twenty-first century following 2010.
(3) The term ``interim brigade combat team'' means an Army brigade
that is designated by the Secretary of the Army as a brigade combat team
and is reorganized and equipped with currently available equipment in a
configuration that effectuates an evolutionary advancement toward
transformation of the Army to the objective force.
Subtitle C--Navy Programs
SEC. 121. CVNX 1 NUCLEAR AIRCRAFT CARRIER PROGRAM.
(a) Authorization of Ship.--The Secretary of the Navy is authorized
to procure the aircraft carrier to be designated CVNX 1.
(b) Advance Procurement and Construction.--The Secretary may enter
into one or more contracts for the advance procurement and advance
construction of components for the ship authorized under subsection (a).
(c) Amount Authorized From SCN Account.--Of the amounts authorized to
be appropriated under section 102(a)(3) for fiscal year 2001,
$21,869,000 is available for the advance procurement and advance
construction of components (including nuclear components) for the CVNX 1
aircraft carrier program.
SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) Economical Multiyear Procurement of Previously Authorized Vessels
and One Additional Vessel.--(1) Subsection (b) of section 122 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law 104
201; 110 Stat. 2446), as amended by section 122(a) of Public Law 106 65
(113 Stat. 534), is further amended by striking ``a total of 18 Arleigh
Burke class destroyers'' in the first sentence and all that follows
through the period at the end of that sentence and inserting ``Arleigh
Burke class destroyers in accordance with this subsection and subsection
(a)(4) at procurement rates not in excess of three ships in each of the
fiscal years beginning after September 30, 1998, and before October 1,
2005. The authority under the preceding sentence is subject to the
availability of appropriations for such destroyers.''.
(2) The heading for such subsection is amended by striking ``18''.
(b) Economical Rate of Procurement.--It is the sense of Congress
that, for the procurement of the Arleigh Burke class destroyers to be
procured after fiscal year 2001 under multiyear contracts authorized
under section 122(b) of Public Law 104 201, as amended by subsection
(a)--
(1) the Secretary of the Navy should--
(A) achieve the most economical rate of procurement; and
(B) enter into such contracts for advance procurement as may be
necessary to achieve that rate of procurement;
(2) the most economical rate of procurement would be achieved by
procuring three of those vessels in each of fiscal years 2002 and 2003
and procuring another vessel in fiscal year 2004; and
(3) the Secretary has the authority under section 122(b) of Public
Law 104 201 (110 Stat. 2446) and subsections (b) and (c) of section 122
of Public Law 106 65 (113 Stat. 534) to provide for procurement at the
most economical rate, as described in paragraph (2).
(c) Update of 1993 Report on DDG 51 Class Ships.--(1) The Secretary
of the Navy shall submit to the Committees on Armed Services of the
Senate and the House of Representatives, not later than November 1,
2000, a report that updates the information provided in the report of
the Secretary of the Navy entitled the ``Arleigh Burke (DDG 51) Class
Industrial Base Study of 1993''. The Secretary shall transmit a copy of
the updated report to the Comptroller General not later than the date on
which the Secretary submits the report to the committees.
(2) The Comptroller General shall review the updated report submitted
under paragraph (1) and, not later than December 1, 2000, submit to the
Committees on Armed Services of the Senate and House of Representatives
the Comptroller General's comments on the updated report.
SEC. 123. VIRGINIA CLASS SUBMARINE PROGRAM.
(a) Amounts Authorized From SCN Account.--Of the amounts authorized
to be appropriated by section 102(a)(3) for fiscal year 2001,
$1,706,234,000 is available for the Virginia class submarine program.
(b) Contract Authority.--(1) The Secretary of the Navy is authorized
to enter into a contract for the procurement of up to five Virginia
class submarines, including the procurement of material in economic
order quantities when cost savings are achievable, during fiscal years
2003 through 2006. The submarines authorized under the preceding
sentence are in addition to the submarines authorized under section
121(b) of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105 85; 111 Stat. 1648).
(2) A contract entered into under paragraph (1) shall provide that
any obligation of the United States to make a payment under the contract
is subject to the availability of appropriations for that purpose.
(c) Shipbuilder Teaming.--Paragraphs (2)(A), (3), and (4) of section
121(b) of Public Law 105 85 apply to the procurement of submarines under
this section.
(d) Limitation of Liability.--If a contract entered into under this
section is terminated, the United States shall not be liable for
termination costs in excess of the total of the amounts appropriated for
the Virginia class submarine program that remain available for the
program.
(e) Report Requirement.--At that same time that the President submits
the budget for fiscal year 2002 to Congress under section 1105(a) of
title 31, United States Code, the Secretary of Defense shall submit to
the congressional defense committees a report on the Navy's fleet of
fast attack submarines. The report shall include the following:
(1) A plan for maintaining at least 55 fast attack submarines in
commissioned service through 2015, including, by 2015, 18 Virginia class
submarines.
(2) Two assessments of the potential savings that would be achieved
under the Virginia class submarine program if the production rate for
that program were at least two submarines each fiscal year, as follows:
(A) An assessment if that were the production rate beginning in
fiscal year 2004.
(B) An assessment if that were the production rate beginning in
fiscal year 2006.
(3) An analysis of the advantages and disadvantages of various
contracting strategies for the Virginia class submarine program,
including one or more multiyear procurement strategies and one or more
strategies for block buy with economic order quantity.
SEC. 124. LIMITATION DURING FISCAL YEAR 2001 ON CHANGES IN
SUBMARINE FORCE STRUCTURE.
(a) Limitation on Retirement of Submarines.--During fiscal year 2001,
the Secretary of the Navy may not retire from the active force structure
of the Navy any Los Angeles class nuclear-powered attack submarine or
any Ohio class nuclear-powered ballistic missile submarine unless the
Secretary of the Navy certifies to Congress in writing that he cannot
assure the continued safe and militarily effective operation of that
submarine.
(b) Report.--Not later than April 15, 2001, the President shall
submit to Congress a report on the required force structure for
nuclear-powered submarines, including attack submarines (SSNs),
ballistic missile submarines (SSBNs), and cruise missile submarines
(SSGNs), to support the national military strategy through 2020. The
report shall include a detailed discussion of the acquisition strategy
and fleet maintenance requirements to achieve and maintain that force
structure through--
(1) the procurement of new construction submarines;
(2) the refueling of Los Angeles class attack submarines (SSNs) to
achieve the maximum amount of operational useful service; and
(3) the conversion of Ohio class submarines that are no longer
required for the strategic deterrence mission from their current
ballistic missile (SSBN) configuration to a cruise-missile (SSGN)
configuration.
SEC. 125. ADC(X) SHIP PROGRAM.
The Secretary of the Navy may procure the construction of all ADC(X)
class ships in one shipyard if the Secretary determines that it is more
cost effective to do so than to procure the construction of such ships
from more than one shipyard.
SEC. 126. REFUELING AND COMPLEX OVERHAUL PROGRAM OF THE U.S.S.
DWIGHT D. EISENHOWER.
(a) Amount Authorized From SCN Account.--Of the amount authorized to
be appropriated by section 102(a)(3) for fiscal year 2001, $698,441,000
is available for the commencement of the nuclear refueling and complex
overhaul of the U.S.S. Dwight D. Eisenhower (CVN 69) during fiscal year
2001. The amount made available in the preceding sentence is the first
increment in the incremental funding planned for the nuclear refueling
and complex overhaul of that vessel.
(b) Contract Authority.--The Secretary of the Navy is authorized to
enter into a contract during fiscal year 2001 for the nuclear refueling
and complex overhaul of the U.S.S. Dwight D. Eisenhower.
(c) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (b) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2001 is subject to the availability of appropriations
for that purpose for that later fiscal year.
SEC. 127. ANALYSIS OF CERTAIN SHIPBUILDING PROGRAMS.
(a) Alternative Funding Analysis.--The Secretary of the Navy shall
conduct an analysis on the potential benefits and risks associated with
alternative funding mechanisms for the procurement of various classes of
naval vessels and other naval capabilities beginning in fiscal year
2002.
(b) Alternative Funding Mechanisms.--For purposes of this section,
the term ``alternative funding mechanism'' means any of the following:
(1) The use of multiyear procurement.
(2) The use of advance procurement for block buys of materials in
economic order quantities.
(3) The use of advance procurement and advance construction required
in the number of years appropriate to minimize the cost of ship
construction.
(4) The use of advance procurement and advance construction
apportioned roughly evenly across some number of fiscal years.
(5) The use of resources from the National Defense Sealift Fund to
budget for auxiliary ships and strategic lift ships.
(6) The use of the resources from the National Defense Sealift Fund
to provide advance payments for national defense features to establish
an active Ready Reserve Force.
(c) Report.--The Secretary shall submit to the congressional defense
committees a report providing the results of the analysis under
subsection (a). The report shall be submitted concurrently with the
submission of the President's budget for fiscal year 2002, but in no
event later than February 5, 2001. The report shall include the
following:
(1) A detailed description of the funding mechanisms considered.
(2) The potential savings or costs associated with each such funding
mechanism.
(3) The year-to-year effect of each such funding mechanism on
production stability of other shipbuilding programs funded within the
Shipbuilding and Conversion, Navy, account, given the current
acquisition plan of the Navy through fiscal year 2010.
(4) The variables and constants used in the analysis which should
include economic, industrial base, and budget realities.
(5) A description and discussion of any statutory or regulatory
restrictions that would preclude the use of any of the funding
mechanisms considered.
SEC. 128. HELICOPTER SUPPORT OF FFG 7 FRIGATES DURING FISCAL YEAR 2001.
During fiscal year 2001, the Secretary of the Navy shall operate one
squadron of six SH 2G helicopters to provide organic helicopter assets
for operational support of missions that are to be carried out by FFG 7
Flight I and Flight II frigates during that fiscal year.
SEC. 129. V 22 COCKPIT AIRCRAFT VOICE AND FLIGHT DATA RECORDERS.
The Secretary of Defense shall require that all V 22 Osprey aircraft
be equipped with a state-of-the-art cockpit voice recorder and a
state-of-the-art flight data recorder each of which meets, at a minimum,
the standards for such devices recommended by the National
Transportation Safety Board.
Subtitle D--Air Force Programs
SEC. 131. ANNUAL REPORT ON B 2 BOMBER.
(a) In General.--(1) Chapter 136 of title 10, United States Code, is
amended by adding at the end the following new section:
``2282. B 2 bomber: annual report
``Not later than March 1 of each year, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the B 2 bomber aircraft. Each such report shall include the following:
``(1) Identification of the average full-mission capable rate of B 2
aircraft for the preceding fiscal year and the Secretary's overall
assessment of the implications of that full-mission capable rate on
mission accomplishment for the B 2 aircraft, together with the
Secretary's determination as to whether that rate is adequate for the
accomplishment of each of the missions assigned to the B 2 aircraft as
of the date of the assessment.
``(2) An assessment of the technical capabilities of the B 2
aircraft and whether these capabilities are adequate to accomplish each
of the missions assigned to that aircraft as of the date of the
assessment.
``(3) Identification of all ongoing and planned development of
technologies to enhance the capabilities of that aircraft.
``(4) Identification and assessment of additional technologies that
would make that aircraft more capable or survivable against known and
evolving threats.
``(5) A fiscally phased program for each technology identified in
paragraphs (3) and (4) for the budget year and the future-years defense
program, based on the following three funding situations:
``(A) The President's current budget.
``(B) The President's current budget and the current Department of
Defense unfunded priority list.
``(C) The maximum executable funding for the B 2 aircraft given the
requirement to maintain enough operationally ready aircraft to
accomplish missions assigned to the B-2 aircraft.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``2282. B 2 bomber: annual report.''.
(b) Repeal of Superseded Reporting Requirement.--Section 112 of the
National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101 189) is repealed.
SEC. 132. REPORT ON MODERNIZATION OF AIR NATIONAL GUARD F 16A UNITS.
The Secretary of the Air Force shall, not later than February 1,
2001, submit to Congress a plan to modernize and upgrade the combat
capabilities of those Air National Guard units that, as of the date of
the enactment of this Act, are assigned F 16A aircraft so that those
units can be deployed as part of Air Expeditionary Forces.
Subtitle E--Joint Programs
SEC. 141. STUDY OF FINAL ASSEMBLY AND CHECKOUT ALTERNATIVES
FOR THE JOINT STRIKE FIGHTER PROGRAM.
(a) Report Required.--Not later than 180 days after the date of the
award of a contract for engineering and manufacturing development for
the Joint Strike Fighter aircraft program, the Secretary of Defense
shall submit to Congress a report providing the results of a study of
final assembly and checkout alternatives for that aircraft.
(b) Matters To Be Included.--The report under subsection (a) shall
include the following:
(1) Examination of alternative final assembly and checkout
strategies for the program, including--
(A) final assembly and checkout of all aircraft under the program at
one location;
(B) final assembly and checkout at dual locations; and
(C) final assembly and checkout at multiple locations.
(2) Identification of each Government and industry facility that is
a potential location for such final assembly and checkout.
(3) Identification of the anticipated costs of final assembly and
checkout at each facility identified pursuant to paragraph (2), based
upon a reasonable profile for the annual procurement of that aircraft
once it enters production.
(4) A comparison of the anticipated costs of carrying out such final
assembly and checkout at each such location.
(c) Cost Comparison.--In identifying costs under subsection (b)(3)
and carrying out the cost comparisons required by subsection (b)(4), the
Secretary shall include consideration of each of the following factors:
(1) State tax credits.
(2) State and local incentives.
(3) Skilled resident workforce.
(4) Supplier and technical support bases.
(5) Available stealth production facilities.
(6) Environmental standards.
Subtitle F--Chemical Demilitarization
SEC. 151. PUEBLO CHEMICAL DEPOT CHEMICAL AGENT AND MUNITIONS
DESTRUCTION TECHNOLOGIES.
(a) Limitation.--In determining the technologies to be used for the
destruction of the stockpile of lethal chemical agents and munitions at
Pueblo Chemical Depot, Colorado, whether under the assessment required
by section 141(a) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106 65; 113 Stat. 537; 50 U.S.C. 1521 note), the
Assembled Chemical Weapons Assessment, or any other assessment, the
Secretary of Defense may consider only the following technologies:
(1) Incineration.
(2) Any technologies demonstrated under the Assembled Chemical
Weapons Assessment on or before May 1, 2000.
(b) Assembled Chemical Weapons Assessment Defined.--As used in
subsection (a), the term ``Assembled Chemical Weapons Assessment'' means
the pilot program carried out under section 8065 of the Department of
Defense Appropriations Act, 1997 (as contained in section 101(b) of
Public Law 104 208; 110 Stat. 3009 101; 50 U.S.C. 1521 note).
SEC. 152. REPORT ON ASSESSMENT OF NEED FOR FEDERAL ECONOMIC
ASSISTANCE FOR COMMUNITIES IMPACTED BY CHEMICAL DEMILITARIZATION
ACTIVITIES.
(a) Report Required.--Not later than April 1, 2001, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and of the House of Representatives a report on the impact of the
Department of Defense chemical agents and munitions destruction program
on the communities in the vicinity of the chemical weapons stockpile
storage sites and associated chemical agent demilitarization activities
at the following facilities:
(1) Anniston Chemical Activity, Alabama.
(2) Blue Grass Chemical Activity, Kentucky.
(3) Deseret Chemical Depot, Utah.
(4) Edgewood Chemical Activity, Maryland.
(5) Newport Chemical Activity, Indiana.
(6) Pine Bluff Chemical Activity, Arkansas.
(7) Pueblo Chemical Activity, Colorado.
(8) Umatilla Chemical Depot, Oregon.
(b) Recommendation.--The Secretary shall include in the report a
recommendation regarding whether Federal economic assistance for any or
all of those communities to assist in meeting the impact of that program
is needed and appropriate. If the Secretary's recommendation is that
such economic assistance is needed and appropriate for any or all of
such communities, the Secretary shall include in the report criteria for
determining the amount of such economic assistance.
(c) Matters To Be Considered in Assessing Impact.--In assessing the
impact of the program referred to in subsection (a) for purposes of
preparing the report required by that subsection and the recommendation
required by subsection (b), the Secretary shall consider the following:
(1) The impact that any change in population as a result of chemical
agent demilitarization activities would have on the community.
(2) The possible temporary nature of such a change in population and
the long-range financial impact of such a change in population on the
permanent residents of the community.
(3) The initial capitalization required for the services,
facilities, or infrastructure to support any increase in population.
(4) The operating costs for sustaining or upgrading the services,
facilities, or infrastructure to support any increase in population.
(5) The costs incurred by local government entities for improvements
to emergency evacuation routes required by the chemical demilitarization
activities.
(6) Such other factors as the Secretary considers appropriate.
SEC. 153. PROHIBITION AGAINST DISPOSAL OF NON-STOCKPILE
CHEMICAL WARFARE MATERIAL AT ANNISTON CHEMICAL STOCKPILE DISPOSAL
FACILITY.
No funds authorized to be made available under this or any other Act
may be used to facilitate the disposal using the chemical stockpile
disposal facility at Anniston, Alabama, of any non-stockpile chemical
warfare material that is not stored (as of the date of the enactment of
this Act) at the Anniston Army Depot.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
SUBTITLE B--PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
Sec. 211. Management of Space-Based Infrared System--Low.
Sec. 212. Joint Strike Fighter program.
Sec. 213. Fiscal year 2002 joint field experiment.
Sec. 214. Nuclear aircraft carrier design and production modeling.
Sec. 215. DD 21 class destroyer program.
Sec. 216. Limitation on Russian American Observation Satellites program.
Sec. 217. Joint biological defense program.
Sec. 218. Report on biological warfare defense vaccine research
and development programs.
Sec. 219. Cost limitations applicable to F 22 aircraft program.
Sec. 220. Unmanned advanced capability combat aircraft and ground
combat vehicles.
Sec. 221. Global Hawk high altitude endurance unmanned aerial vehicle.
Sec. 222. Army space control technology development.
SUBTITLE C--BALLISTIC MISSILE DEFENSE
Sec. 231. Funding for fiscal year 2001.
Sec. 232. Reports on ballistic missile threat posed by North Korea.
Sec. 233. Plan to modify ballistic missile defense architecture.
Sec. 234. Management of Airborne Laser program.
SUBTITLE D--HIGH ENERGY LASER PROGRAMS
Sec. 241. Funding.
Sec. 242. Implementation of High Energy Laser Master Plan.
Sec. 243. Designation of senior official for high energy laser programs.
Sec. 244. Site for Joint Technology Office.
Sec. 245. High energy laser infrastructure improvements.
Sec. 246. Cooperative programs and activities.
Sec. 247. Technology plan.
Sec. 248. Annual report.
Sec. 249. Definition.
Sec. 250. Review of Defense-wide directed energy programs.
SUBTITLE E--OTHER MATTERS
Sec. 251. Reports on mobile offshore base concept and potential
use for certain purposes of technologies associated with that concept.
Sec. 252. Air Force science and technology planning.
Sec. 253. Enhancement of authorities regarding education
partnerships for purposes of encouraging scientific study.
Sec. 254. Recognition of those individuals instrumental to naval
research efforts during the period from before World War II through the
end of the Cold War.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2001
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $5,568,482,000.
(2) For the Navy, $8,715,335,000.
(3) For the Air Force, $13,779,144,000.
(4) For Defense-wide activities, $10,873,712,000, of which
$192,060,000 is authorized for the Director of Operational Test and
Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 2001.--Of the amounts authorized to be appropriated
by section 201, $4,557,188,000 shall be available for basic research and
applied research projects.
(b) Basic Research and Applied Research Defined.--For purposes of
this section, the term ``basic research and applied research'' means
work funded in program elements for defense research and development
under Department of Defense category 6.1 or 6.2.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MANAGEMENT OF SPACE-BASED INFRARED SYSTEM--LOW.
Not later than October 1, 2001, the Secretary of Defense shall direct
that the Director of the Ballistic Missile Defense Organization shall
have authority for program management for the ballistic missile defense
program known on the date of the enactment of this Act as the
Space-Based Infrared System--Low.
SEC. 212. JOINT STRIKE FIGHTER PROGRAM.
(a) Report.--Not later than December 15, 2000, the Secretary of
Defense shall submit to the congressional defense committees a report on
the Joint Strike Fighter aircraft program describing the criteria for
exit of the program from the demonstration and validation phase, and
entry of the program into the engineering and manufacturing development
phase, of the acquisition process.
(b) Certification.--The Joint Strike Fighter program may not be
approved for entry into the engineering and manufacturing development
phase of the acquisition process until the Secretary of Defense
certifies to the congressional defense committees that--
(1) the exit criteria established in the report submitted under
subsection (a) have been accomplished;
(2) the technological maturity of key technologies for the program
is sufficient to warrant entry of the program into the engineering and
manufacturing development phase; and
(3) the short take-off, vertical-landing aircraft variant selected
for engineering and manufacturing development has successfully flown at
least 20 hours.
(c) Transfers Within the Joint Strike Fighter Navy and Air Force
Accounts.--(1) The Secretary of Defense may, subject to established
congressional notification and reprogramming procedures, transfer within
the Joint Strike Fighter program the following amounts:
(A) Of the funds authorized to be appropriated for PE 64800N, up to
$100,000,000 to PE 63800N.
(B) Of the funds authorized to be appropriated for PE 64800F, up to
$100,000,000 to PE 63800F.
(2) The transfer authority authorized in paragraph (1) is in addition
to the transfer authority provided in section 1001.
SEC. 213. FISCAL YEAR 2002 JOINT FIELD EXPERIMENT.
(a) Requirements.--The Secretary of Defense shall carry out a joint
field experiment in fiscal year 2002. The Secretary shall ensure that
the planning for the joint field experiment is carried out in fiscal
year 2001.
(b) Purpose.--The purpose of the joint field experiment is to explore
critical war fighting challenges at the operational level of war that
will confront United States joint military forces after 2010.
(c) Participating Forces.--(1) The joint field experiment shall
involve elements of the Army, Navy, Marine Corps, and Air Force, and
shall include special operations forces.
(2) The forces designated to participate in the joint field
experiment shall exemplify the concepts for organization, equipment, and
doctrine that are conceived for the forces after 2010 under Joint Vision
2010 and Joint Vision 2020 (issued by the Joint Chiefs of Staff) and the
current vision statements of the Chief of Staff of the Army, the Chief
of Naval Operations, the Commandant of the Marine Corps, and the Chief
of Staff of the Air Force, including the following concepts:
(A) Army medium weight brigades.
(B) Navy Forward-From-The-Sea.
(C) Air Force expeditionary aerospace forces.
(d) Report.--Not later than March 1, 2001, the Secretary shall submit
to the congressional defense committees a report on the concept plan for
the joint field experiment required under subsection (a). The report
shall include the following:
(1) The objectives of the experiment.
(2) The forces participating in the experiment.
(3) The schedule and location of the experiment.
(4) For each joint command, defense agency, and service component
participating in the experiment, an identification of--
(A) the funding required for the experiment by that command, agency,
or component; and
(B) any shortfall in the budget request for the Department of
Defense for fiscal year 2002 for that funding for that command, agency,
or component.
SEC. 214. NUCLEAR AIRCRAFT CARRIER DESIGN AND PRODUCTION MODELING.
(a) Assessment Required.--The Secretary of the Navy shall conduct an
assessment of the cost-effectiveness of--
(1) converting design data for the Nimitz-class aircraft carrier
from non-electronic to electronic form; and
(2) developing an electronic, three-dimensional design product model
for the CVNX class aircraft carrier.
(b) Conduct of the Assessment.--The Secretary of the Navy shall carry
out the assessment in a manner that ensures the participation of the
nuclear aircraft carrier shipbuilding industry.
(c) Report.--The Secretary of the Navy shall submit a report to the
congressional defense committees on the assessment. The report shall
include the results of the assessment and plans and funding requirements
for developing the model specified in subsection (a)(2). The report
shall be submitted with the submission of the budget request for the
Department of Defense for fiscal year 2002.
(d) Funding.--Of the amount authorized to be appropriated under
section 201(2) for research, development, test, and evaluation for the
Navy, $8,000,000 shall be available to initiate the conversion and
development of nuclear aircraft carrier design data into an electronic,
three-dimensional product model.
SEC. 215. DD 21 CLASS DESTROYER PROGRAM.
(a) Authority.--The Secretary of the Navy is authorized to pursue a
technology insertion approach for the construction of the DD 21
destroyer that is based on the assumption of the following schedule:
(1) Award of a contract for advance procurement for construction of
components for the DD 21 destroyer during fiscal year 2004.
(2) Delivery of the completed ship during fiscal year 2009.
(b) Sense of Congress.--It is the sense of Congress that--
(1) there are compelling reasons for starting the program for
constructing the DD 21 destroyer during fiscal year 2004 with available
procurement funds and continuing with sequential construction of DD 21
class destroyers during the ensuing fiscal years until 32 DD 21 class
destroyers have been constructed; and
(2) the Secretary of the Navy, in providing for the acquisition of
DD 21 class destroyers, should consider that--
(A) the Marine Corps needs the surface fire-support capabilities of
the DD 21 class destroyers as soon as possible in order to mitigate the
inadequacies of the surface fire-support capabilities that are currently
available;
(B) the Navy and Marine Corps need to resolve whether there is a
requirement for surface fire-support missile weapon systems to be easily
sustainable by means of replenishment while under way;
(C) the technology insertion approach has been successful for other
ship construction programs and is being pursued for the CVNX aircraft
carrier program and the Virginia class submarine program;
(D) the establishment of a stable configuration for the first 10 DD
21 class destroyers should enable the construction of those ships with
the greatest capabilities at the lowest cost; and
(E) action to acquire DD 21 class destroyers should be taken as soon
as possible in order to realize fully the cost savings that can be
derived from the construction and operation of DD 21 class destroyers,
including--
(i) savings in construction costs that would result from achievement
of the Navy's target per-ship cost of $750,000,000 by the fifth ship
constructed in each construction yard;
(ii) savings that would result from the estimated reduction of the
crews of destroyers by 200 or more personnel for each ship; and
(iii) savings that would result from a reduction in the operating
costs for destroyers by an estimated 70 percent.
(c) Navy Plan for Use of Technology Insertion Approach for
Construction of the DD 21 Ship.--The Secretary of the Navy shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives, not later than April 18, 2001, a plan for pursuing a
technology insertion approach for the construction of the DD 21
destroyer as authorized under subsection (a). The plan shall include
estimates of the resources necessary to carry out the plan.
(d) Report on Acquisition and Maintenance Plan for DD 21 Class
Ships.--The Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives, not later than
April 18, 2001, a report on the Navy's plan for the acquisition and
maintenance of DD 21 class destroyers. The report shall include a
discussion of each of the following matters:
(1) The technical feasibility of contracting for, and commencing
construction of, the first destroyer in that class during fiscal year
2004 and achieving delivery of the completed ship during fiscal year
2009.
(2) An analysis of alternative contracting strategies for the
construction of the first 10 destroyers in that class, including one or
more multiyear procurement strategies and one or more strategies for
block buy in economic order quantity.
(3) A comparison of the effects on the destroyer industrial base and
on costs to other Navy shipbuilding programs of the following two
options:
(A) Commencing construction of the first destroyer in that class
during fiscal year 2004, with delivery of the completed ship during
fiscal year 2009, and delaying commencement of construction of the next
destroyer in that class until fiscal year 2006.
(B) Commencing construction of the first destroyer in that class
during fiscal year 2005 (rather than fiscal year 2004), with advance
procurement during fiscal year 2004 and delivery of the completed ship
during fiscal year 2010, and delaying commencement of construction of
the next destroyer in that class until fiscal year 2007 (rather than
fiscal year 2006).
(4) The effects on the fleet maintenance strategies of Navy fleet
commanders, on commercial maintenance facilities in fleet concentration
areas, and on the administration of funds in compliance with section
2466 of title 10, United States Code, of awarding to a contractor for
the construction of a destroyer in that class all maintenance workloads
for destroyers in that class that are below depot-level maintenance and
above ship-level maintenance.
SEC. 216. LIMITATION ON RUSSIAN AMERICAN OBSERVATION SATELLITES PROGRAM.
None of the funds authorized to be appropriated under section 201(4)
for the Russian American Observation Satellites program may be obligated
or expended until 30 days after the Secretary of Defense submits to
Congress a report explaining how the Secretary plans to protect United
States advanced military technology that may be associated with the
Russian American Observation Satellites program.
SEC. 217. JOINT BIOLOGICAL DEFENSE PROGRAM.
(a) Limitation.--Subject to subsection (c), funds authorized to be
appropriated by this Act may not be obligated for the procurement of a
vaccine for the biological agent anthrax until the Secretary of Defense
has submitted to the congressional defense committees each of the
following:
(1) A written notification that the Food and Drug Administration has
approved the current manufacturer for production of the vaccine.
(2) A report on the contingencies associated with continuing to rely
on the current manufacturer to supply the vaccine.
(b) Content of Report.--The report required under subsection (a)(2)
shall include each of the following:
(1) Recommended strategies to mitigate the risk to the Department of
Defense of losing the current manufacturer as a source of anthrax
vaccine, together with a discussion of the criteria to be applied in
determining whether to carry out any of the strategies and which
strategy to carry out.
(2) Recommended strategies to ensure that the Department of Defense
can procure, from one or more sources other than the current
manufacturer, an anthrax vaccine approved by the Food and Drug
Administration that meets the requirements of the Department if--
(A) the Food and Drug Administration does not approve the release of
the anthrax vaccine available from the current manufacturer; or
(B) the current manufacturer terminates the production of anthrax
vaccine permanently.
(3) A five-year budget to support each strategy recommended under
paragraph (1) or (2).
(c) Permissible Obligations.--(1) This section does not limit the
obligation of funds for any of the following purposes:
(A) The support of any action that is necessary for the current
manufacturer to comply with standards of the Food and Drug
Administration (including those purposes necessary to obtain or maintain
a biological license application) applicable to anthrax vaccine.
(B) Establishing an additional source (other than or in conjunction
with the current manufacturer) for the production of anthrax vaccine.
(C) Any action that the Secretary determines necessary to ensure
production of anthrax vaccine for meeting an urgent and immediate
national defense requirement.
(2) Not later than seven days after the total amount of the funds
obligated (or obligated and expended) for purposes specified in
paragraph (1) exceeds $5,000,000, the Secretary shall submit to Congress
a notification that the total obligations exceed that amount, together
with a written justification for the obligation of funds in excess of
that amount.
(d) Current Manufacturer.--In this section, the term ``current
manufacturer'' means the manufacturing source from which the Department
of Defense is procuring anthrax vaccine as of the date of the enactment
of this Act.
SEC. 218. REPORT ON BIOLOGICAL WARFARE DEFENSE VACCINE
RESEARCH AND DEVELOPMENT PROGRAMS.
(a) Report Required.--Not later than February 1, 2001, the Secretary
of Defense shall submit to the congressional defense committees a report
on the acquisition of biological warfare defense vaccines for the
Department of Defense.
(b) Contents.--The report shall include the following:
(1) The Secretary's evaluation of the implications of reliance on
the commercial sector to meet the requirements of the Department of
Defense for biological warfare defense vaccines.
(2) A design for a government-owned, contractor-operated facility
for the production of biological warfare defense vaccines that meets the
requirements of the Department for such vaccines, and the assumptions on
which that design is based.
(3) A preliminary cost estimate of, and schedule for, establishing
and bringing into operation such a facility, and the estimated annual
cost of operating such a facility thereafter.
(4) A determination, developed in consultation with the Surgeon
General, of the utility of such a facility to support the production of
vaccines for the civilian sector, and a discussion of the effects that
the use of such a facility for that purpose might have on--
(A) the production of vaccines for the Armed Forces; and
(B) the annual cost of operating such a facility.
(5) An analysis of the effects that international requirements for
vaccines, and the production of vaccines in response to those
requirements, might have on--
(A) the production of vaccines for the Armed Forces; and
(B) the annual cost of operating such a facility.
(c) Biological Warfare Defense Vaccine Defined.--In this section, the
term ``biological warfare defense vaccine'' means a vaccine useful for
the immunization of military personnel to protect against biological
agents on the Validated Threat List issued by the Joint Chiefs of Staff,
whether such vaccine is in production or is being developed.
SEC. 219. COST LIMITATIONS APPLICABLE TO F 22 AIRCRAFT PROGRAM.
(a) Flexibility in Engineering and Manufacturing Development Cost
Cap.--Section 217(c) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105 85; 111 Stat. 1660) is amended by
adding at the end the following new paragraph:
``(3) With respect to the limitation in subsection (a), an increase
by an amount that does not exceed 1\1/2\ percent of the total amount of
that limitation (taking into account the increases and decreases, if
any, under paragraphs (1) and (2)) if the Director of Operational Test
and Evaluation, after consulting with the Under Secretary of Defense for
Acquisition, Technology, and Logistics, determines that the increase is
necessary in order to ensure adequate testing.''.
(b) Reestablishment of Separate Engineering and Manufacturing
Development Cost Cap and Production Cost Cap.--The provisions of
subsections (a) and (b) of section 217 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105 85; 111 Stat.
1660) shall continue to apply with respect to amounts obligated and
expended for engineering and manufacturing development, and for
production, respectively, for the F 22 aircraft program without regard
to any provision of law establishing a single limitation on amounts
obligated and expended for engineering and manufacturing development and
for production for that program.
SEC. 220. UNMANNED ADVANCED CAPABILITY COMBAT AIRCRAFT AND
GROUND COMBAT VEHICLES.
(a) Goal.--It shall be a goal of the Armed Forces to achieve the
fielding of unmanned, remotely controlled technology such that--
(1) by 2010, one-third of the aircraft in the operational deep
strike force aircraft fleet are unmanned; and
(2) by 2015, one-third of the operational ground combat vehicles are
unmanned.
(b) Report on Unmanned Advanced Capability Combat Aircraft and Ground
Combat Vehicles.--(1) Not later than January 31, 2001, the Secretary of
Defense shall submit to the congressional defense committees a report on
the programs to demonstrate unmanned advanced capability combat aircraft
and ground combat vehicles undertaken jointly between the Director of
the Defense Advanced Research Projects Agency and any of the following:
(A) The Secretary of the Army.
(B) The Secretary of the Navy.
(C) The Secretary of the Air Force.
(2) The report shall include, for each program referred to in
paragraph (1), the following:
(A) A schedule for the demonstration to be carried out under that
program.
(B) An identification of the funding required for fiscal year 2002
and for the future-years defense program to carry out that program and
for the demonstration to be carried out under that program.
(C) In the case of the program relating to the Army, the plan for
modification of the existing memorandum of agreement with the Defense
Advanced Research Projects Agency for demonstration and development of
the Future Combat System to reflect an increase in unmanned, remotely
controlled enabling technologies.
(3) The report shall also include, for each Secretary referred to in
paragraphs (1)(A), (1)(B), and (1)(C), a description and assessment of
the acquisition strategy for unmanned advanced capability combat
aircraft and ground combat vehicles planned by that Secretary, which
shall include a detailed estimate of all research and development,
procurement, operation, support, ownership, and other costs required to
carry out such strategy through the year 2030, and--
(A) in the case of the acquisition strategy relating to the Army,
the transition from the planned acquisition strategy for the Future
Combat System to an acquisition strategy capable of meeting the goal
specified in subsection (a)(2);
(B) in the case of the acquisition strategy relating to the Navy--
(i) the plan to implement a program that examines the ongoing Air
Force unmanned combat air vehicle program and identifies an approach to
develop a Navy unmanned combat air vehicle program that has the goal of
developing an aircraft that is suitable for aircraft carrier use and has
maximum commonality with the aircraft under the Air Force program; and
(ii) an analysis of alternatives between the operational deep strike
force aircraft fleet and that fleet together with an additional 10 to 20
unmanned advanced capability combat aircraft that are suitable for
aircraft carrier use and capable of penetrating fully operational enemy
air defense systems; and
(C) in the case of the acquisition strategy relating to the Air
Force--
(i) the schedule for evaluation of demonstration results for the
ongoing unmanned combat air vehicle program and the earliest possible
transition of that program into engineering and manufacturing
development and procurement; and
(ii) an analysis of alternatives between the currently planned deep
strike force aircraft fleet and the operational deep strike force
aircraft fleet that could be acquired by fiscal year 2010 to meet the
goal specified in subsection (a)(1).
(c) Funds.--Of the amount authorized to be appropriated for
Defense-wide activities under section 201(4) for the Defense Advanced
Research Projects Agency, $100,000,000 shall be available only to carry
out the programs referred to in subsection (b)(1).
(d) Definitions.--For purposes of this section:
(1) An aircraft or ground combat vehicle has ``unmanned advanced
capability'' if it is an autonomous, semi-autonomous, or remotely
controlled system that can be deployed, re-tasked, recovered, and
re-deployed.
(2) The term ``currently planned deep strike force aircraft fleet''
means the early entry, deep strike aircraft fleet (composed of F 117
stealth aircraft and B 2 stealth aircraft) that is currently planned for
fiscal year 2010.
(3) The term ``operational deep strike force aircraft fleet'' means
the currently planned deep strike force aircraft fleet, together with at
least 30 unmanned advanced capability combat aircraft that are capable
of penetrating fully operational enemy air defense systems.
(4) The term ``operational ground combat vehicles'' means ground
combat vehicles acquired through the Future Combat System acquisition
program of the Army to equip the future objective force, as outlined in
the vision statement of the Chief of Staff of the Army.
SEC. 221. GLOBAL HAWK HIGH ALTITUDE ENDURANCE UNMANNED AERIAL VEHICLE.
(a) Concept Demonstration Required.--The Secretary of Defense shall
require and coordinate a concept demonstration of the Global Hawk high
altitude endurance unmanned aerial vehicle.
(b) Purpose of Demonstration.--The purpose of the concept
demonstration is to demonstrate the capability of the Global Hawk high
altitude endurance unmanned aerial vehicle to operate in an airborne
surveillance mode, using available, non-developmental technology.
(c) Time for Demonstration.--The Secretary shall initiate the
demonstration not later than March 1, 2001.
(d) Participation by CINCs.--The Secretary shall require the
commander of the United States Joint Forces Command and the commander of
the United States Southern Command jointly to provide guidance for the
demonstration and otherwise to participate in the demonstration.
(e) Scenario for Demonstration.--The demonstration shall be conducted
in a counter-drug surveillance scenario that is designed to replicate
factual conditions typically encountered in the performance of the
counter-drug surveillance mission of the commander of the United States
Southern Command within that commander's area of responsibility.
(f) Report.--Not later than 45 days after the demonstration is
completed, the Secretary shall submit to Congress a report on the
results of the demonstration. The report shall include the following:
(1) The Secretary's assessment of the technical feasibility of using
the Global Hawk high altitude endurance unmanned aerial vehicle for
airborne air surveillance.
(2) A discussion of the operational concept for the use of the
vehicle for that purpose.
(g) Funding.--Of the funds authorized to be appropriated by section
301(20) for Drug Interdiction and Counter-drug Activities, Defense-wide,
$18,000,000 shall be available for the concept demonstration required by
subsection (a), including initiation of concurrent development for an
improved surveillance radar.
SEC. 222. ARMY SPACE CONTROL TECHNOLOGY DEVELOPMENT.
Of the funds authorized to be appropriated under section 201(1) for
Army space control technology, $3,000,000 shall be available for the
kinetic energy anti-satellite technology program.
Subtitle C--Ballistic Missile Defense
SEC. 231. FUNDING FOR FISCAL YEAR 2001.
Of the funds authorized to be appropriated in section 201(4),
$1,875,238,000 shall be available for the National Missile Defense
program.
SEC. 232. REPORTS ON BALLISTIC MISSILE THREAT POSED BY NORTH KOREA.
(a) Report on Ballistic Missile Threat.--Not later than two weeks
after the next flight test by North Korea of a long-range ballistic
missile, the President shall submit to Congress, in classified and
unclassified form, a report on the North Korean ballistic missile threat
to the United States. The report shall include the following:
(1) An assessment of the current North Korean missile threat to the
United States.
(2) An assessment of whether the United States is capable of
defeating the North Korean long-range missile threat to the United
States as of the date of the report.
(3) An assessment of when the United States will be capable of
defeating the North Korean missile threat to the United States.
(4) An assessment of the potential for proliferation of North Korean
missile technologies to other states and whether such proliferation will
accelerate the development of additional long-range ballistic missile
threats to the United States.
(b) Report on Reducing Vulnerability.--Not later than two weeks after
the next flight test by North Korea of a long-range ballistic missile,
the President shall submit to Congress a report providing the following:
(1) Any additional steps the President intends to take to reduce the
period of time during which the Nation is vulnerable to the North Korean
long-range ballistic missile threat.
(2) The technical and programmatic viability of testing any other
missile defense systems against targets with flight characteristics
similar to the North Korean long-range missile threat, and plans to do
so if such tests are considered to be a viable alternative.
(c) Definition.--For purposes of this section, the term ``United
States'', when used in a geographic sense, means the 50 States, the
District of Columbia, and any Commonwealth, territory, or possession of
the United States.
SEC. 233. PLAN TO MODIFY BALLISTIC MISSILE DEFENSE ARCHITECTURE.
(a) Plan.--The Director of the Ballistic Missile Defense Organization
shall develop a plan to adapt ballistic missile defense systems and
architectures to counter potential threats to the United States, United
States forces deployed outside the United States, and other United
States national security interests that are posed by longer range
medium-range ballistic missiles and intermediate-range ballistic
missiles.
(b) Use of Space-Based Sensors Included.--The plan shall include--
(1) potential use of space-based sensors, including the Space-Based
Infrared System (SBIRS) Low and Space-Based Infrared System (SBIRS)
High, Navy theater missile defense assets, upgrades of land-based
theater missile defenses, the airborne laser, and other assets available
in the European theater; and
(2) a schedule for ground and flight testing against the identified
threats.
(c) Report.--The Secretary of Defense shall assess the plan and, not
later than February 15, 2001, shall submit to the congressional defense
committees a report on the results of the assessment.
SEC. 234. MANAGEMENT OF AIRBORNE LASER PROGRAM.
(a) Oversight of Funding, Schedule, and Technical Requirements.--With
respect to the program known as of the date of the enactment of this Act
as the ``Airborne Laser'' program, the Secretary of Defense shall
require that the Secretary of the Air Force obtain the concurrence of
the Director of the Ballistic Missile Defense Organization before the
Secretary--
(1) makes any change to the funding plan or schedule for that
program that would delay to a date later than September 30, 2003, the
first test of the airborne laser that is intended to destroy a ballistic
missile in flight;
(2) makes any change to the funding plan for that program in the
future-years defense program that would delay the initial operational
capability of the airborne laser; and
(3) makes any change to the technical requirements of the airborne
laser that would significantly reduce its ballistic missile defense
capabilities.
(b) Report.--Not later than February 15, 2001, the Director of the
Ballistic Missile Defense Organization shall submit to the congressional
defense committees a report, to be prepared in coordination with the
Secretary of the Air Force, on the role of the airborne laser in the
family of systems missile defense architecture developed by the Director
of the Ballistic Missile Defense Organization and the Director of the
Joint Theater Air and Missile Defense Organization. The report shall be
submitted in unclassified and, if necessary, classified form. The report
shall include the following:
(1) An assessment by the Secretary of the Air Force and the Director
of the Ballistic Missile Defense Organization of the funding plan for
that program required to achieve the schedule identified in paragraphs
(1) and (2) of subsection (a).
(2) Potential future airborne laser roles in that architecture.
(3) An assessment of the effect of deployment of the airborne laser
on requirements for theater ballistic missile defense systems.
(4) An assessment of the cost effectiveness of the airborne laser
compared to other ballistic missile defense systems.
(5) An assessment of the relative significance of the airborne laser
in the family of systems missile defense architecture.
Subtitle D--High Energy Laser Programs
SEC. 241. FUNDING.
(a) Funding for Fiscal Year 2001.--(1) Of the amount authorized to be
appropriated by section 201(4), $30,000,000 is authorized for high
energy laser development.
(2) Funds available under this subsection are available to supplement
the high energy laser programs of the military departments and Defense
Agencies, as determined by the official designated under section 243.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense should establish funding for high
energy laser programs within the science and technology programs of each
of the military departments and the Ballistic Missile Defense
Organization; and
(2) the Secretary of Defense should establish a goal that basic,
applied, and advanced research in high energy laser technology should
constitute at least 4.5 percent of the total science and technology
budget of the Department of Defense by fiscal year 2004.
SEC. 242. IMPLEMENTATION OF HIGH ENERGY LASER MASTER PLAN.
The Secretary of Defense shall implement the management and
organizational structure specified in the Department of Defense High
Energy Laser Master Plan of March 24, 2000.
SEC. 243. DESIGNATION OF SENIOR OFFICIAL FOR HIGH ENERGY LASER PROGRAMS.
(a) Designation.--The Secretary of Defense shall designate a single
senior civilian official in the Office of the Secretary of Defense (in
this subtitle referred to as the ``designated official'') to chair the
High Energy Laser Technology Council called for in the master plan
referred to in section 242 and to carry out responsibilities for the
programs for which funds are provided under this subtitle. The
designated official shall report directly to the Under Secretary of
Defense for Acquisition, Technology, and Logistics for matters
concerning the responsibilities specified in subsection (b).
(b) Responsibilities.--The primary responsibilities of the designated
official shall include the following:
(1) Establishment of priorities for the high energy laser programs
of the military departments and the Defense Agencies.
(2) Coordination of high energy laser programs among the military
departments and the Defense Agencies.
(3) Identification of promising high energy laser technologies for
which funding should be a high priority for the Department of Defense
and establishment of priority for funding among those technologies.
(4) Preparation, in coordination with the Secretaries of the
military departments and the Directors of the Defense Agencies, of a
detailed technology plan to develop and mature high energy laser
technologies.
(5) Planning and programming appropriate to rapid evolution of high
energy laser technology.
(6) Ensuring that high energy laser programs of each military
department and the Defense Agencies are initiated and managed
effectively and are complementary with programs managed by the other
military departments and Defense Agencies and by the Office of the
Secretary of Defense.
(7) Ensuring that the high energy laser programs of the military
departments and the Defense Agencies comply with the requirements
specified in subsection (c).
(c) Coordination and Funding Balance.--In carrying out the
responsibilities specified in subsection (b), the designated official
shall ensure that--
(1) high energy laser programs of each military department and of
the Defense Agencies are consistent with the priorities identified in
the designated official's planning and programming activities;
(2) funding provided by the Office of the Secretary of Defense for
high energy laser research and development complements high energy laser
programs for which funds are provided by the military departments and
the Defense Agencies;
(3) programs, projects, and activities to be carried out by the
recipients of such funds are selected on the basis of appropriate
competitive procedures or Department of Defense peer review process;
(4) beginning with fiscal year 2002, funding from the Office of the
Secretary of Defense in applied research and advanced technology
development program elements is not applied to technology efforts in
support of high energy laser programs that are not funded by a military
department or the Defense Agencies; and
(5) funding from the Office of the Secretary of Defense to
complement an applied research or advanced technology development high
energy laser program for which funds are provided by one of the military
departments or the Defense Agencies do not exceed the amount provided by
the military department or the Defense Agencies for that program.
SEC. 244. SITE FOR JOINT TECHNOLOGY OFFICE.
(a) Deadline for Selection of Site.--The Secretary of Defense shall
locate the Joint Technology Office called for in the High Energy Laser
Master Plan referred to in section 242 at a location determined
appropriate by the Secretary not later than 30 days after the date of
the enactment of this Act.
(b) Consideration of Site.--In determining the location of the Joint
Technology Office, the Secretary shall, in consultation with the Deputy
Under Secretary of Defense for Science and Technology, assess--
(1) cost;
(2) accessibility between the Office and the Armed Forces and senior
Department of Defense leaders; and
(3) the advantages and disadvantages of locating the Office at a
site at which occurs a substantial proportion of the directed energy
research, development, test, and evaluation activities of the Department
of Defense.
SEC. 245. HIGH ENERGY LASER INFRASTRUCTURE IMPROVEMENTS.
(a) Enhancement of Industrial Base.--The Secretary of Defense shall
consider, evaluate, and undertake to the extent appropriate initiatives,
including investment initiatives, to enhance the industrial base to
support military applications of high energy laser technologies and
systems.
(b) Enhancement of Test and Evaluation Capabilities.--The Secretary
of Defense shall consider modernizing the High Energy Laser Test
Facility at White Sands Missile Range, New Mexico, in order to enhance
the test and evaluation capabilities of the Department of Defense with
respect to high energy laser weapons.
SEC. 246. COOPERATIVE PROGRAMS AND ACTIVITIES.
(a) Memorandum of Agreement With NNSA.--(1) The Secretary of Defense
and the Administrator for Nuclear Security of the Department of Energy
shall enter into a memorandum of agreement to conduct joint research and
development on military applications of high energy lasers.
(2) The projects pursued under the memorandum of agreement--
(A) shall be of mutual benefit to the national security programs of
the Department of Defense and the National Nuclear Security
Administration of the Department of Energy;
(B) shall be prioritized jointly by officials designated to do so by
the Secretary of Defense and the Administrator; and
(C) shall be consistent with the technology plan prepared pursuant
to section 243(b)(4) and the requirements identified in section 243(c).
(3) The costs of each project pursued under the memorandum of
agreement shall be shared equally by the Department of Defense and the
National Nuclear Security Administration.
(4) The memorandum of agreement shall provide for appropriate peer
review of projects pursued under the memorandum of agreement.
(b) Evaluation of Other Cooperative Programs and Activities.--The
Secretary of Defense shall evaluate the feasibility and advisability of
entering into cooperative programs or activities with other Federal
agencies, institutions of higher education, and the private sector for
the purpose of enhancing the programs, projects, and activities of the
Department of Defense relating to high energy laser technologies,
systems, and weapons.
SEC. 247. TECHNOLOGY PLAN.
The designated official shall submit to the congressional defense
committees by February 15, 2001, the technology plan prepared pursuant
to section 243(b)(4). The report shall be submitted in unclassified and,
if necessary, classified form.
SEC. 248. ANNUAL REPORT.
Not later than February 15 of 2001, 2002, and 2003, the Secretary of
Defense shall submit to the congressional defense committees a report on
the high energy laser programs of the Department of Defense. Each report
shall include an assessment of the following:
(1) The adequacy of the management structure of the Department of
Defense for the high energy laser programs.
(2) The funding available for the high energy laser programs.
(3) The technical progress achieved for the high energy laser
programs.
(4) The extent to which goals and objectives of the high energy
laser technology plan have been met.
SEC. 249. DEFINITION.
For purposes of this subtitle, the term ``high energy laser'' means a
laser that has average power in excess of one kilowatt and that has
potential weapons applications.
SEC. 250. REVIEW OF DEFENSE-WIDE DIRECTED ENERGY PROGRAMS.
(a) Evaluation.--The Secretary of Defense, in consultation with the
Deputy Under Secretary of Defense for Science and Technology, shall
evaluate expansion of the High Energy Laser management structure
specified in section 242 for possible inclusion in that management
structure of science and technology programs in related areas, including
the following:
(1) High power microwave technologies.
(2) Low energy and nonlethal laser technologies.
(3) Other directed energy technologies.
(b) Consideration of Prior Study.--The evaluation under subsection
(a) shall take into consideration the July 1999 Department of Defense
study on streamlining and coordinating science and technology and
research, development, test, and evaluation within the Department of
Defense.
(c) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the findings of the
evaluation under subsection (a). The report shall be submitted not later
than March 15, 2001.
Subtitle E--Other Matters
SEC. 251. REPORTS ON MOBILE OFFSHORE BASE CONCEPT AND
POTENTIAL USE FOR CERTAIN PURPOSES OF TECHNOLOGIES ASSOCIATED WITH THAT
CONCEPT.
(a) Report on Merits of Mobile Offshore Base Concept.--Not later than
March 1, 2001, the Secretary of Defense shall submit to the
congressional defense committees a report on the mobile offshore base
concept. The report shall include the following:
(1) A cost-benefit analysis of the mobile offshore base, using
operational concepts that would support the National Military Strategy.
(2) A recommendation regarding whether to proceed with the mobile
offshore base as a program and, if so--
(A) a statement regarding which of the Armed Forces is to be
designated to have the lead responsibility for the program; and
(B) a schedule for the program.
(b) Report on Potential Use for Certain Purposes of Associated
Technologies.--Not later than March 1, 2001, the Secretary of the Navy
shall submit to the congressional defense committees a report on the
potential use of technologies associated with the mobile offshore base
concept. The report shall include an assessment of the potential
application and feasibility of using existing technologies, including
those technologies associated with the mobile offshore base concept, to
a sea-based landing platform for support of naval aviation training.
SEC. 252. AIR FORCE SCIENCE AND TECHNOLOGY PLANNING.
(a) Requirement for Review.--The Secretary of the Air Force shall
conduct a review of the long-term challenges and short-term objectives
of the Air Force science and technology programs. The Secretary shall
complete the review not later than one year after the date of the
enactment of this Act.
(b) Matters To Be Reviewed.--The review shall include the following:
(1) An assessment of the budgetary resources that are being used for
fiscal year 2001 for addressing the long-term challenges and the
short-term objectives of the Air Force science and technology programs.
(2) The budgetary resources that are necessary to address those
challenges and objectives adequately.
(3) A course of action for each projected or ongoing Air Force
science and technology program that does not address either the
long-term challenges or the short-term objectives.
(4) The matters required under subsection (c)(5) and (d)(6).
(c) Long-Term Challenges.--(1) The Secretary of the Air Force shall
establish an integrated product team to identify high-risk, high-payoff
challenges that will provide a long-term focus and motivation for the
Air Force science and technology programs over the next 20 to 50 years
following the enactment of this Act. The integrated product team shall
include representatives of the Office of Scientific Research and
personnel from the Air Force Research Laboratory.
(2) The team shall solicit views from the entire Air Force science
and technology community on the matters under consideration by the team.
(3) The team--
(A) shall select for consideration science and technology challenges
that involve--
(i) compelling requirements of the Air Force;
(ii) high-risk, high-payoff areas of exploration; and
(iii) very difficult, but probably achievable, results; and
(B) should not select a linear extension of any ongoing Air Force
science and technology program for consideration as a science and
technology challenge under subparagraph (A).
(4) The Deputy Assistant Secretary of the Air Force for Science,
Technology, and Engineering shall designate a technical coordinator and
a management coordinator for each science and technology challenge
identified pursuant to this subsection. Each technical coordinator shall
have sufficient expertise in fields related to the challenge to be able
to identify other experts in such fields and to affirm the credibility
of the challenge. The coordinator for a science and technology challenge
shall conduct workshops within the relevant scientific and technological
community to obtain suggestions for possible approaches to addressing
the challenge and to identify ongoing work that addresses the challenge,
deficiencies in current work relating to the challenge, and promising
areas of research.
(5) In carrying out subsection (a), the Secretary of the Air Force
shall review the science and technology challenges identified pursuant
to this subsection and, for each such challenge, at a minimum--
(A) consider the results of the workshops conducted pursuant to
paragraph (4); and
(B) identify any work not currently funded by the Air Force that
should be performed to meet the challenge.
(d) Short-Term Objectives.--(1) The Secretary of the Air Force shall
establish a task force to identify short-term technological objectives
of the Air Force science and technology programs. The task force shall
be chaired by the Deputy Assistant Secretary of the Air Force for
Science, Technology, and Engineering and shall include representatives
of the Chief of Staff of the Air Force and the specified combatant
commands of the Air Force.
(2) The task force shall solicit views from the entire Air Force
requirements community, user community, and acquisition community.
(3) The task force shall select for consideration short-term
objectives that involve--
(A) compelling requirements of the Air Force;
(B) support in the user community; and
(C) likely attainment of the desired benefits within a five-year
period.
(4) The Deputy Assistant Secretary of the Air Force for Science,
Technology, and Engineering shall establish an integrated product team
for each short-term objective identified pursuant to this subsection.
Each integrated product team shall include representatives of the
requirements community, the user community, and the science and
technology community with relevant expertise.
(5) The integrated product team for a short-term objective shall be
responsible for--
(A) identifying, defining, and prioritizing the enabling
capabilities that are necessary for achieving the objective;
(B) identifying deficiencies in the enabling capabilities that must
be addressed if the short-term objective is to be achieved; and
(C) working with the Air Force science and technology community to
identify science and technology projects and programs that should be
undertaken to eliminate each deficiency in an enabling capability.
(6) In carrying out subsection (a), the Secretary of the Air Force
shall review the short-term science and technology objectives identified
pursuant to this subsection and, for each such objective, at a minimum--
(A) consider the work of the integrated product team conducted
pursuant to paragraph (5); and
(B) identify the science and technology work of the Air Force that
should be undertaken to eliminate each deficiency in enabling
capabilities that is identified by the integrated product team pursuant
to subparagraph (B) of that paragraph.
(e) Comptroller General Review.--(1) Not later than 90 days after the
Secretary of the Air Force completes the review required by subsection
(a), the Comptroller General shall submit to Congress a report on the
results of the review. The report shall include the Comptroller
General's assessment regarding the extent to which the review was
conducted in compliance with the requirements of this section.
(2) Immediately upon completing the review required by subsection
(a), the Secretary of Defense shall notify the Comptroller General of
the completion of the review. For the purposes of paragraph (1), the
date of the notification shall be considered the date of the completion
of the review.
SEC. 253. ENHANCEMENT OF AUTHORITIES REGARDING EDUCATION
PARTNERSHIPS FOR PURPOSES OF ENCOURAGING SCIENTIFIC STUDY.
(a) Assistance in Support of Partnerships.--Subsection (b) of section
2194 of title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting ``, and is
encouraged to provide,'' after ``may provide'';
(2) in paragraph (1), by inserting before the semicolon the
following: ``for any purpose and duration in support of such agreement
that the director considers appropriate''; and
(3) by striking paragraph (2) and inserting the following new
paragraph (2):
``(2) notwithstanding the provisions of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) or any
provision of law or regulation relating to transfers of surplus
property, transferring to the institution any computer equipment, or
other scientific equipment, that is--
``(A) commonly used by educational institutions;
``(B) surplus to the needs of the defense laboratory; and
``(C) determined by the director to be appropriate for support of
such agreement;''.
(b) Defense Laboratory Defined.--Subsection (e) of that section is
amended to read as follows:
``(e) In this section:
``(1) The term `defense laboratory' means any laboratory, product
center, test center, depot, training and educational organization, or
operational command under the jurisdiction of the Department of Defense.
``(2) The term `local educational agency' has the meaning given such
term in section 14101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8801).''.
SEC. 254. RECOGNITION OF THOSE INDIVIDUALS INSTRUMENTAL TO
NAVAL RESEARCH EFFORTS DURING THE PERIOD FROM BEFORE WORLD WAR II
THROUGH THE END OF THE COLD WAR.
(a) Findings.--Congress makes the following findings:
(1) The contributions of the Nation's scientific community and of
science research to the victory of the United States and its allies in
World War II resulted in the understanding that science and technology
are of critical importance to the future security of the Nation.
(2) Academic institutions and oceanographers provided vital support
to the Navy and the Marine Corps during World War II.
(3) Congress created the Office of Naval Research in the Department
of the Navy in 1946 to ensure the availability of resources for research
in oceanography and other fields related to the missions of the Navy and
Marine Corps.
(4) The Office of Naval Research of the Department of the Navy, in
addition to its support of naval research within the Federal Government,
has also supported the conduct of oceanographic and scientific research
through partnerships with educational and scientific institutions
throughout the Nation.
(5) These partnerships have long been recognized as among the most
innovative and productive research partnerships ever established by the
Federal Government and have resulted in a vast improvement in
understanding of basic ocean processes and the development of new
technologies critical to the security and defense of the Nation.
(b) Congressional Recognition and Appreciation.--Congress--
(1) applauds the commitment and dedication of the officers,
scientists, researchers, students, and administrators who were
instrumental to the program of partnerships for oceanographic and
scientific research between the Federal Government and academic
institutions, including those individuals who helped forge that program
before World War II, implement it during World War II, and improve it
throughout the Cold War;
(2) recognizes that the Nation, in ultimately prevailing in the Cold
War, relied to a significant extent on research supported by, and
technologies developed through, those partnerships and, in particular,
on the superior understanding of the ocean environment generated through
that research;
(3) supports efforts by the Secretary of the Navy and the Chief of
Naval Research to honor those individuals, who contributed so greatly
and unselfishly to the naval mission and the national defense, through
those partnerships during the period beginning before World War II and
continuing through the end of the Cold War; and
(4) expresses appreciation for the ongoing efforts of the Office of
Naval Research to support oceanographic and scientific research and the
development of researchers in those fields, to ensure that such
partnerships will continue to make important contributions to the
defense and the general welfare of the Nation.
TITLE III--OPERATION AND MAINTENANCE
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Joint warfighting capabilities assessment teams.
SUBTITLE B--ENVIRONMENTAL PROVISIONS
Sec. 311. Establishment of additional environmental restoration
account and use of accounts for operation and monitoring of
environmental remedies.
Sec. 312. Certain environmental restoration activities.
Sec. 313. Annual reports under Strategic Environmental Research
and Development Program.
Sec. 314. Payment of fines and penalties for environmental
compliance at Fort Wainwright, Alaska.
Sec. 315. Payment of fines or penalties imposed for environmental
compliance violations at other Department of Defense facilities.
Sec. 316. Reimbursement for certain costs in connection with the
former Nansemond Ordnance Depot Site, Suffolk, Virginia.
Sec. 317. Necessity of military low-level flight training to
protect national security and enhance military readiness.
Sec. 318. Ship disposal project.
Sec. 319. Defense Environmental Security Corporate Information
Management Program.
Sec. 320. Report on Plasma Energy Pyrolysis System.
Sec. 321. Sense of Congress regarding environmental restoration of
former defense manufacturing site, Santa Clarita, California.
SUBTITLE C--COMMISSARIES AND NONAPPROPRIATED FUND INSTRUMENTALITIES
Sec. 331. Use of appropriated funds to cover operating expenses of
commissary stores.
Sec. 332. Adjustment of sales prices of commissary store goods and
services to cover certain expenses.
Sec. 333. Use of surcharges for construction and improvement of
commissary stores.
Sec. 334. Inclusion of magazines and other periodicals as an
authorized commissary merchandise category.
Sec. 335. Use of most economical distribution method for distilled
spirits.
Sec. 336. Report on effects of availability of slot machines on
United States military installations overseas.
SUBTITLE D--DEPARTMENT OF DEFENSE INDUSTRIAL FACILITIES
Sec. 341. Designation of Centers of Industrial and Technical
Excellence and public-private partnerships to increase utilization of
such centers.
Sec. 342. Unutilized and underutilized plant-capacity costs of
United States arsenals.
Sec. 343. Arsenal support program initiative.
Sec. 344. Codification and improvement of armament retooling and
manufacturing support programs.
SUBTITLE E--PERFORMANCE OF FUNCTIONS BY PRIVATE-SECTOR SOURCES
Sec. 351. Inclusion of additional information in reports to
Congress required before conversion of commercial or industrial type
functions to contractor performance.
Sec. 352. Effects of outsourcing on overhead costs of Centers of
Industrial and Technical Excellence and Army ammunition plants.
Sec. 353. Consolidation, restructuring, or reengineering of
Department of Defense organizations, functions, or activities.
Sec. 354. Monitoring of savings resulting from workforce
reductions as part of conversion of functions to performance by private
sector or other strategic sourcing initiatives.
Sec. 355. Performance of emergency response functions at chemical
weapons storage installations.
Sec. 356. Suspension of reorganization or relocation of Naval
Audit Service.
SUBTITLE F--DEFENSE DEPENDENTS EDUCATION
Sec. 361. Eligibility of dependents of American Red Cross
employees for enrollment in Department of Defense domestic dependent
schools in Puerto Rico.
Sec. 362. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 363. Impact aid for children with severe disabilities.
Sec. 364. Assistance for maintenance, repair, and renovation of
school facilities that serve dependents of members of the Armed Forces
and Department of Defense civilian employees.
SUBTITLE G--MILITARY READINESS ISSUES
Sec. 371. Measuring cannibalization of parts, supplies, and
equipment under readiness reporting system.
Sec. 372. Reporting requirements regarding transfers from
high-priority readiness appropriations.
Sec. 373. Effects of worldwide contingency operations on readiness
of military aircraft and equipment.
Sec. 374. Identification of requirements to reduce backlog in
maintenance and repair of defense facilities.
Sec. 375. New methodology for preparing budget requests to satisfy
Army readiness requirements.
Sec. 376. Review of AH 64 aircraft program.
Sec. 377. Report on Air Force spare and repair parts program for C
5 aircraft.
SUBTITLE H--OTHER MATTERS
Sec. 381. Annual report on public sale of certain military
equipment identified on United States Munitions List.
Sec. 382. Resale of armor-piercing ammunition disposed of by the Army.
Sec. 383. Reimbursement by civil air carriers for support provided
at Johnston Atoll.
Sec. 384. Travel by Reserves on military aircraft.
Sec. 385. Overseas airlift service on Civil Reserve Air Fleet aircraft.
Sec. 386. Additions to plan for ensuring visibility over all
in-transit end items and secondary items.
Sec. 387. Reauthorization of pilot program for acceptance and use
of landing fees charged for use of domestic military airfields by civil
aircraft.
Sec. 388. Extension of authority to sell certain aircraft for use
in wildfire suppression.
Sec. 389. Damage to aviation facilities caused by alkali silica
reactivity.
Sec. 390. Demonstration project to increase reserve component
internet access and services in rural communities.
Sec. 391. Additional conditions on implementation of Defense Joint
Accounting System.
Sec. 392. Report on Defense Travel System.
Sec. 393. Review of Department of Defense costs of maintaining
historical properties.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2001
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $19,280,381,000.
(2) For the Navy, $23,766,610,000.
(3) For the Marine Corps, $2,826,291,000.
(4) For the Air Force, $22,395,221,000.
(5) For Defense-wide activities, $11,740,569,000.
(6) For the Army Reserve, $1,561,418,000.
(7) For the Naval Reserve, $978,946,000.
(8) For the Marine Corps Reserve, $144,159,000.
(9) For the Air Force Reserve, $1,903,859,000.
(10) For the Army National Guard, $3,233,835,000.
(11) For the Air National Guard, $3,468,375,000.
(12) For the Defense Inspector General, $144,245,000.
(13) For the United States Court of Appeals for the Armed Forces,
$8,574,000.
(14) For Environmental Restoration, Army, $389,932,000.
(15) For Environmental Restoration, Navy, $294,038,000.
(16) For Environmental Restoration, Air Force, $376,300,000.
(17) For Environmental Restoration, Defense-wide, $21,412,000.
(18) For Environmental Restoration, Formerly Used Defense Sites,
$231,499,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid programs,
$55,900,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $869,000,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $25,000,000.
(22) For Defense Health Program, $11,480,123,000.
(23) For Cooperative Threat Reduction programs, $443,400,000.
(24) For Overseas Contingency Operations Transfer Fund,
$4,100,577,000.
(25) For Quality of Life Enhancements, Defense-Wide, $10,500,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2001
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $916,276,000.
(2) For the National Defense Sealift Fund, $388,158,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2001
from the Armed Forces Retirement Home Trust Fund the sum of $69,832,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in appropriations
Acts, not more than $150,000,000 is authorized to be transferred from
the National Defense Stockpile Transaction Fund to operation and
maintenance accounts for fiscal year 2001 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this section--
(1) shall be merged with, and be available for the same purposes and
the same period as, the amounts in the accounts to which transferred;
and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer authority
provided in this section is in addition to the transfer authority
provided in section 1001.
SEC. 305. JOINT WARFIGHTING CAPABILITIES ASSESSMENT TEAMS.
Of the total amount authorized to be appropriated under section
301(5) for operation and maintenance for Defense-wide activities for the
Joint Staff, $4,000,000 is available only for the improvement of the
performance of analyses by the joint warfighting capabilities assessment
teams of the Joint Requirements Oversight Council.
Subtitle B--Environmental Provisions
SEC. 311. ESTABLISHMENT OF ADDITIONAL ENVIRONMENTAL
RESTORATION ACCOUNT AND USE OF ACCOUNTS FOR OPERATION AND MONITORING OF
ENVIRONMENTAL REMEDIES.
(a) Account for Formerly Used Defense Sites.--Subsection (a) of
section 2703 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(5) An account to be known as the `Environmental Restoration
Account, Formerly Used Defense Sites'.''.
(b) Operation and Monitoring of Environmental Remedies.--Such section
is further amended by adding at the end the following new subsection:
``(f) Sole Source of Funds for Operation and Monitoring of
Environmental Remedies.--(1) The sole source of funds for all phases of
an environmental remedy at a site under the jurisdiction of the
Department of Defense or a formerly used defense site shall be the
applicable environmental restoration account established under
subsection (a).
``(2) In this subsection, the term `environmental remedy' has the
meaning given the term `remedy' in section 101 of CERCLA (42 U.S.C.
9601).''.
SEC. 312. CERTAIN ENVIRONMENTAL RESTORATION ACTIVITIES.
Subsection (b) of section 2703 of title 10, United States Code, is
amended to read as follows:
``(b) Obligation of Authorized Amounts.--(1) Funds authorized for
deposit in an account under subsection (a) may be obligated or expended
from the account only--
``(A) to carry out the environmental restoration functions of the
Secretary of Defense and the Secretaries of the military departments
under this chapter and under any other provision of law; and
``(B) to pay for the costs of permanently relocating a facility
because of a release or threatened release of hazardous substances,
pollutants, or contaminants from--
``(i) real property on which the facility is located and that is
currently under the jurisdiction of the Secretary of Defense or the
Secretary of a military department; or
``(ii) real property on which the facility is located and that was
under the jurisdiction of the Secretary of Defense or the Secretary of a
military department at the time of the actions leading to the release or
threatened release.
``(2) The authority provided by paragraph (1)(B) expires September
30, 2003. The Secretary of Defense or the Secretary of a military
department may not pay the costs of permanently relocating a facility
under such paragraph unless the Secretary--
``(A) determines that permanent relocation--
``(i) is the most cost effective method of responding to the release
or threatened release of hazardous substances, pollutants, or
contaminants from the real property on which the facility is located;
``(ii) has the approval of relevant regulatory agencies; and
``(iii) is supported by the affected community; and
``(B) submits to Congress written notice of the determination before
undertaking the permanent relocation of the facility, including a
description of the response action taken or to be taken in connection
with the permanent relocation and a statement of the costs incurred or
to be incurred in connection with the permanent relocation.
``(3) If relocation costs are to be paid under paragraph (1)(B) with
respect to a facility located on real property described in clause (ii)
of such paragraph, the Secretary of Defense or the Secretary of the
military department concerned may use only fund transfer mechanisms
otherwise available to the Secretary.
``(4) Funds authorized for deposit in an account under subsection (a)
shall remain available until expended. Not more than 5 percent of the
funds deposited in an account under subsection (a) for a fiscal year may
be used to pay relocation costs under paragraph (1)(B).''.
SEC. 313. ANNUAL REPORTS UNDER STRATEGIC ENVIRONMENTAL
RESEARCH AND DEVELOPMENT PROGRAM.
(a) Repeal of Requirement for Annual Report From Scientific Advisory
Board.--Section 2904 of title 10, United States Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
(b) Inclusion of Actions of Board in Annual Reports of
Council.--Section 2902(d)(3) of such title is amended by adding at the
end the following new subparagraph:
``(D) A summary of the actions of the Strategic Environmental
Research and Development Program Scientific Advisory Board during the
year preceding the year in which the report is submitted and any
recommendations, including recommendations on program direction and
legislation, that the Advisory Board considers appropriate regarding the
program.''.
SEC. 314. PAYMENT OF FINES AND PENALTIES FOR ENVIRONMENTAL
COMPLIANCE AT FORT WAINWRIGHT, ALASKA.
The Secretary of Defense, or the Secretary of the Army, may pay, as
part of a settlement of liability, a fine or penalty of not more than
$2,000,000 for matters addressed in the Notice of Violation issued on
March 5, 1999, by the Administrator of the Environmental Protection
Agency to Fort Wainwright, Alaska.
SEC. 315. PAYMENT OF FINES OR PENALTIES IMPOSED FOR
ENVIRONMENTAL COMPLIANCE VIOLATIONS AT OTHER DEPARTMENT OF DEFENSE
FACILITIES.
(a) Army Violations.--Using amounts authorized to be appropriated by
section 301(1) for operation and maintenance for the Army, the Secretary
of the Army may pay the following amounts in connection with
environmental compliance violations at the following locations:
(1) $993,000 for a supplemental environmental project to implement
an installation-wide hazardous substance management system at Walter
Reed Army Medical Center, Washington, District of Columbia, in
satisfaction of a fine imposed by Environmental Protection Agency Region
3 under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(2) $377,250 for a supplemental environmental project to install new
parts washers at Fort Campbell, Kentucky, in satisfaction of a fine
imposed by Environmental Protection Agency Region 4 under the Solid
Waste Disposal Act.
(3) $20,701 for a supplemental environmental project to upgrade the
wastewater treatment plant at Fort Gordon, Georgia, in satisfaction of a
fine imposed by the State of Georgia under the Solid Waste Disposal Act.
(4) $78,500 for supplemental environmental projects to reduce the
generation of hazardous waste at Pueblo Chemical Depot, Colorado, in
satisfaction of a fine imposed by the State of Colorado under the Solid
Waste Disposal Act.
(5) $20,000 for a supplemental environmental project to repair
cracks in floors of igloos used to store munitions hazardous waste at
Deseret Chemical Depot, Utah, in satisfaction of a fine imposed by the
State of Utah under the Solid Waste Disposal Act.
(6) $7,975 for payment to the Texas Natural Resource Conservation
Commission of a cash penalty for permit violations assessed with respect
to Fort Sam Houston, Texas, under the Solid Waste Disposal Act.
(b) Navy Violations.--Using amounts authorized to be appropriated by
section 301(2) for operation and maintenance for the Navy, the Secretary
of the Navy may pay the following amounts in connection with
environmental compliance violations at the following locations:
(1) $108,800 for payment to the West Virginia Division of
Environmental Protection of a cash penalty with respect to Allegany
Ballistics Laboratory, West Virginia, under the Solid Waste Disposal
Act.
(2) $5,000 for payment to Environmental Protection Agency Region 6
of a cash penalty with respect to Naval Air Station, Corpus Christi,
Texas, under the Clean Air Act (42 U.S.C. 7401).
(3) $1,650 for payment to Environmental Protection Agency Region 3
of a cash penalty with respect to Marine Corps Combat Development
Command, Quantico, Virginia, under the Clean Air Act.
SEC. 316. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH
THE FORMER NANSEMOND ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA.
(a) Authority.--The Secretary of Defense may pay, using funds
described in subsection (b), not more than $98,210 to the Former
Nansemond Ordnance Depot Site Special Account within the Hazardous
Substance Superfund established by section 9507 of the Internal Revenue
Code of 1986 (26 U.S.C. 9507) to reimburse the Environmental Protection
Agency for costs incurred by the agency in overseeing a time critical
removal action under CERCLA being performed by the Department of Defense
under the Defense Environmental Restoration Program for ordnance and
explosive safety hazards at the Former Nansemond Ordnance Depot Site,
Suffolk, Virginia, pursuant to an Interagency Agreement entered into by
the Department of the Army and the Environmental Protection Agency on
January 3, 2000.
(b) Source of Funds.--Any payment under subsection (a) shall be made
using amounts authorized to be appropriated by section 301 to the
Environmental Restoration Account, Formerly Used Defense Sites,
established by paragraph (5) of section 2703(a) of title 10, United
States Code, as added by section 311(a) of this Act.
(c) Definitions.--In this section:
(1) The term ``CERCLA'' means the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
(2) The term ``Defense Environmental Restoration Program'' means the
program of environmental restoration carried out under chapter 160 of
title 10, United States Code.
SEC. 317. NECESSITY OF MILITARY LOW-LEVEL FLIGHT TRAINING TO
PROTECT NATIONAL SECURITY AND ENHANCE MILITARY READINESS.
Nothing in the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or the regulations implementing such law shall require the
Secretary of Defense or the Secretary of
a military department to prepare a programmatic, nation-wide
environmental impact statement for low-level flight training as a
precondition to the use by the Armed Forces of an airspace for the
performance of low-level training flights.
SEC. 318. SHIP DISPOSAL PROJECT.
(a) Continuation of Project; Purpose.--During fiscal year 2001, the
Secretary of the Navy shall continue to carry out the ship disposal
project within the United States to permit the Secretary to assemble
appropriate data on the cost of scrapping naval vessels.
(b) Use of Competitive Procedures.--The Secretary shall use
competitive procedures to award all task orders under the primary
contracts under the ship disposal project.
(c) Report.--Not later than December 31, 2000, the Secretary shall
submit to the congressional defense committees a report on the ship
disposal project. The report shall contain the following:
(1) A description of the competitive procedures used for the
solicitation and award of all task orders under the project.
(2) A description of the task orders awarded under the project.
(3) An assessment of the results of the project as of the date of
the report, including the performance of contractors under the project.
(4) The proposed strategy of the Navy for future procurement of ship
scrapping activities.
SEC. 319. DEFENSE ENVIRONMENTAL SECURITY CORPORATE INFORMATION
MANAGEMENT PROGRAM.
(a) Management and Oversight of Program.--The Chief Information
Officer of the Department of Defense shall ensure that management and
oversight of the Defense Environmental Security Corporate Information
Management Program is consistent with the requirements of the
Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104 106),
section 2223 of title 10, United States Code, Department of Defense
Directives 5000.1, 5000.2 R, and 5137.1, and all other laws, directives,
regulations, and management controls applicable to investment in
information technology and related services.
(b) Program Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the Defense
Environmental Security Corporate Information Management Program.
(c) Mission.--The report shall include a mission statement and
strategic objectives for the Defense Environmental Security Corporate
Information Management Program, including the recommendations of the
Secretary for the future mission and objectives of the Program.
(d) Personnel, Organization, and Oversight.--The report shall
include--
(1) the personnel requirements and organizational structure of the
Defense Environmental Security Corporate Information Management Program
to carry out the mission statement; and
(2) a discussion of--
(A) the means by which the Program will ensure program
accountability, including accountability for all past, current, and
future activities funded under the Program; and
(B) the role of the Chief Information Officer of the Department of
Defense in ensuring program accountability as required by subsection
(a).
(e) Program Activities.--The report shall include a discussion of the
means by which the Defense Environmental Security Corporate Information
Management Program will address or provide--
(1) information access procedures that keep pace with current and
evolving requirements for information access;
(2) data standardization and systems integration;
(3) product failures and cost-effective results;
(4) user confidence and utilization; and
(5) program continuity.
SEC. 320. REPORT ON PLASMA ENERGY PYROLYSIS SYSTEM.
(a) Report Required.--Not later than February 1, 2001, the Secretary
of the Army shall submit to the congressional defense committees a
report on the Plasma Energy Pyrolysis System.
(b) Report Elements.--The report on the Plasma Energy Pyrolysis
System shall include the following:
(1) An analysis of available information and data on the
fixed-transportable unit demonstration phase of the System and on the
mobile unit demonstration phase of the System.
(2) Recommendations regarding future applications for each phase of
the System described in paragraph (1).
(3) A statement of the projected funding for such future applications.
SEC. 321. SENSE OF CONGRESS REGARDING ENVIRONMENTAL
RESTORATION OF FORMER DEFENSE MANUFACTURING SITE, SANTA CLARITA,
CALIFORNIA.
It is the sense of the Congress that--
(1) there exists a 1,000-acre former defense manufacturing site in
Santa Clarita, California (known as the ``Santa Clarita site''), that
could be environmentally restored to serve a future role in the
community, and every effort should be made to apply all known public and
private sector innovative technologies to restore the Santa Clarita site
to productive use for the benefit of the community; and
(2) the experience gained from environmental restoration at the
Santa Clarita site by private and public sector partnerships has the
potential to benefit not only the community of Santa Clarita, but all
sites in need of environmental restoration.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 331. USE OF APPROPRIATED FUNDS TO COVER OPERATING
EXPENSES OF COMMISSARY STORES.
(a) In General.--(1) Section 2484 of title 10, United States Code, is
amended to read as follows:
``2484. Commissary stores: use of appropriated funds to cover
operating expenses
``(a) Operation of Agency and System.--Except as otherwise provided
in this title, the operation of the Defense Commissary Agency and the
defense commissary system may be funded using such amounts as are
appropriated for such purpose.
``(b) Operating Expenses of Commissary Stores.--Appropriated funds
may be used to cover the expenses of operating commissary stores and
central product processing facilities of the defense commissary system.
For purposes of this subsection, operating expenses include the
following:
``(1) Salaries and wages of employees of the United States, host
nations, and contractors supporting commissary store operations.
``(2) Utilities.
``(3) Communications.
``(4) Operating supplies and services.
``(5) Second destination transportation costs within or outside the
United States.
``(6) Any cost associated with above-store-level management or other
indirect support of a commissary store or a central product processing
facility, including equipment maintenance and information technology
costs.''.
(2) The table of sections at the beginning of chapter 147 of such
title is amended by striking the item relating to section 2484 and
inserting the following new item:
``2484. Commissary stores: use of appropriated funds to cover
operating expenses.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2001.
SEC. 332. ADJUSTMENT OF SALES PRICES OF COMMISSARY STORE GOODS
AND SERVICES TO COVER CERTAIN EXPENSES.
(a) Adjustment Required.--Section 2486 of title 10, United States
Code, is amended--
(1) in subsection (c), by striking ``section 2484(b) or'' and
inserting ``subsection (d) or section''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``sections 2484 and'' and
inserting ``section''; and
(B) by adding at the end the following new paragraph:
``(3) The sales price of merchandise and services sold in, at, or by
commissary stores shall be adjusted to cover the following:
``(A) The cost of first destination commercial transportation of the
merchandise in the United States to the place of sale.
``(B) The actual or estimated cost of shrinkage, spoilage, and
pilferage of merchandise under the control of commissary stores.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2001.
SEC. 333. USE OF SURCHARGES FOR CONSTRUCTION AND IMPROVEMENT
OF COMMISSARY STORES.
(a) Expansion of Authorized Uses.--Subsection (b) of section 2685 of
title 10, United States Code, is amended to read as follows:
``(b) Use for Construction, Repair, Improvement, and
Maintenance.--(1) The Secretary of Defense may use the proceeds from the
adjustments or surcharges authorized by subsection (a) only--
``(A) to acquire (including acquisition by lease), construct,
convert, expand, improve, repair, maintain, and equip the physical
infrastructure of commissary stores and central product processing
facilities of the defense commissary system; and
``(B) to cover environmental evaluation and construction costs
related to activities described in paragraph (1), including costs for
surveys, administration, overhead, planning, and design.
``(2) In paragraph (1), the term `physical infrastructure' includes
real property, utilities, and equipment (installed and free standing and
including computer equipment), necessary to provide a complete and
usable commissary store or central product processing facility.''.
(b) Authority of Secretary of Defense.--Such section is further
amended--
(1) in subsection (a), by striking ``Secretary of a military
department, under regulations established by him and approved by the
Secretary of Defense,'' and inserting ``Secretary of Defense'';
(2) in subsection (c)--
(A) by striking ``Secretary of a military department, with the
approval of the Secretary of Defense and'' and inserting ``Secretary of
Defense, with the approval of''; and
(B) by striking ``Secretary of the military department determines''
and inserting ``Secretary determines''; and
(3) in subsection (d)(1), by striking ``Secretary of a military
department'' and inserting ``Secretary of Defense''.
(c) Effective Date.--The amendment made by subsection (a) shall take
effect on October 1, 2001.
SEC. 334. INCLUSION OF MAGAZINES AND OTHER PERIODICALS AS AN
AUTHORIZED COMMISSARY MERCHANDISE CATEGORY.
(a) Additional Authorized Category.--Subsection (b) of section 2486
of title 10, United States Code, is amended--
(1) by redesignating paragraph (11) as paragraph (12); and
(2) by inserting after paragraph (10) the following new paragraph:
``(11) Magazines and other periodicals.''.
(b) Conforming Amendments.--Subsection (f) of such section is
amended--
(1) by striking ``(1)'' before ``Notwithstanding'';
(2) by striking ``items in the merchandise categories specified in
paragraph (2)'' and inserting ``tobacco products''; and
(3) by striking paragraph (2).
SEC. 335. USE OF MOST ECONOMICAL DISTRIBUTION METHOD FOR
DISTILLED SPIRITS.
Section 2488(c) of title 10, United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 336. REPORT ON EFFECTS OF AVAILABILITY OF SLOT MACHINES
ON UNITED STATES MILITARY INSTALLATIONS OVERSEAS.
(a) Report Required.--Not later than March 31, 2001, the Secretary of
Defense shall submit to Congress a report evaluating the effect that the
ready availability of slot machines as a morale, welfare, and recreation
activity on United States military installations outside of the United
States has on members of the Armed Forces, their dependents, and other
persons who use such slot machines, the morale of military communities
overseas, and the personal financial stability of members of the Armed
Forces.
(b) Matters To Be Included.--The Secretary shall include in the
report--
(1) an estimate of the number of persons who used such slot machines
during the preceding two years and, of such persons, the percentage who
were enlisted members (shown both in the aggregate and by pay grade),
officers (shown both in the aggregate and by pay grade), Department of
Defense civilians, other United States persons, and foreign nationals;
(2) to the extent feasible, information with respect to military
personnel referred to in paragraph (1) showing the number (as a
percentage and by pay grade) who have--
(A) sought financial services counseling at least partially due to
the use of such slot machines;
(B) qualified for Government financial assistance at least partially
due to the use of such slot machines; or
(C) had a personal check returned for insufficient funds or received
any other nonpayment notification from a creditor at least partially due
to the use of such slot machines; and
(3) to the extent feasible, information with respect to the average
amount expended by each category of persons referred to in paragraph (1)
in using such slot machines per visit, to be shown by pay grade in the
case of military personnel.
Subtitle D--Department of Defense Industrial Facilities
SEC. 341. DESIGNATION OF CENTERS OF INDUSTRIAL AND TECHNICAL
EXCELLENCE AND PUBLIC-PRIVATE PARTNERSHIPS TO INCREASE UTILIZATION OF
SUCH CENTERS.
(a) Designation Method.--Subsection (a) of section 2474 of title 10,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``The Secretary of Defense'' and inserting ``The
Secretary concerned, or the Secretary of Defense in the case of a
Defense Agency,''; and
(B) by striking ``of the activity'' and inserting ``of the designee'';
(2) in paragraph (2)--
(A) by inserting ``of Defense'' after ``The Secretary''; and
(B) by striking ``depot-level activities'' and inserting ``Centers
of Industrial and Technical Excellence''; and
(3) in paragraph (3)--
(A) by striking ``depot-level operations'' and inserting
``operations at Centers of Industrial and Technical Excellence'';
(B) by striking ``depot-level activities'' and inserting ``the
Centers''; and
(C) by striking ``such activities'' and inserting ``the Centers''.
(b) Public-Private Partnerships.--Subsection (b) of such section is
amended to read as follows:
``(b) Public-Private Partnerships.--(1) To achieve one or more
objectives set forth in paragraph (2), the Secretary designating a
Center of Industrial and Technical Excellence under subsection (a) may
authorize and encourage the head of the Center to enter into
public-private cooperative arrangements (in this section referred to as
a `public-private partnership') to provide for any of the following:
``(A) For employees of the Center, private industry, or other
entities outside the Department of Defense to perform (under contract,
subcontract, or otherwise) work related to the core competencies of the
Center, including any depot-level maintenance and repair work that
involves one or more core competencies of the Center.
``(B) For private industry or other entities outside the Department
of Defense to use, for any period of time determined to be consistent
with the needs of the Department of Defense, any facilities or equipment
of the Center that are not fully utilized for a military department's
own production or maintenance requirements.
``(2) The objectives for exercising the authority provided in
paragraph (1) are as follows:
``(A) To maximize the utilization of the capacity of a Center of
Industrial and Technical Excellence.
``(B) To reduce or eliminate the cost of ownership of a Center by
the Department of Defense in such areas of responsibility as operations
and maintenance and environmental remediation.
``(C) To reduce the cost of products of the Department of Defense
produced or maintained at a Center.
``(D) To leverage private sector investment in--
``(i) such efforts as plant and equipment recapitalization for a
Center; and
``(ii) the promotion of the undertaking of commercial business
ventures at a Center.
``(E) To foster cooperation between the armed forces and private
industry.
``(3) If the Secretary concerned, or the Secretary of Defense in the
case of a Defense Agency, authorizes the use of public-private
partnerships under this subsection, the Secretary shall submit to
Congress a report evaluating the need for loan guarantee authority,
similar to the ARMS Initiative loan guarantee program under section 4555
of this title, to facilitate the establishment of public-private
partnerships and the achievement of the objectives set forth in
paragraph (2).''.
(c) Private Sector Use of Excess Capacity.--Such section is further
amended--
(1) by striking subsection (d);
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new subsection
(c):
``(c) Private Sector Use of Excess Capacity.--Any facilities or
equipment of a Center of Industrial and Technical Excellence made
available to private industry may be used to perform maintenance or to
produce goods in order to make more efficient and economical use of
Government-owned industrial plants and encourage the creation and
preservation of jobs to ensure the availability of a workforce with the
necessary manufacturing and maintenance skills to meet the needs of the
armed forces.''.
(d) Crediting of Amounts for Performance.--Subsection (d) of such
section, as redesignated by subsection (c)(2), is amended by adding at
the end the following new sentences: ``Consideration in the form of
rental payments or (notwithstanding section 3302(b) of title 31) in
other forms may be accepted for a use of property accountable under a
contract performed pursuant to this section. Notwithstanding section
2667(d) of this title, revenues generated pursuant to this section shall
be available for facility operations, maintenance, and environmental
restoration at the Center where the leased property is located.''.
(e) Availability of Excess Equipment to Private-Sector
Partners.--Such section is further amended by adding at the end the
following new subsections:
``(e) Availability of Excess Equipment to Private-Sector
Partners.--Equipment or facilities of a Center of Industrial and
Technical Excellence may be made available for use by a private-sector
entity under this section only if--
``(1) the use of the equipment or facilities will not have a
significant adverse effect on the readiness of the armed forces, as
determined by the Secretary concerned or, in the case of a Center in a
Defense Agency, by the Secretary of Defense; and
``(2) the private-sector entity agrees--
``(A) to reimburse the Department of Defense for the direct and
indirect costs (including any rental costs) that are attributable to the
entity's use of the equipment or facilities, as determined by that
Secretary; and
``(B) to hold harmless and indemnify the United States from--
``(i) any claim for damages or injury to any person or property
arising out of the use of the equipment or facilities, except in a case
of willful conduct or gross negligence; and
``(ii) any liability or claim for damages or injury to any person or
property arising out of a decision by the Secretary concerned or the
Secretary of Defense to suspend or terminate that use of equipment or
facilities during a war or national emergency.
``(f) Construction of Provision.--Nothing in this section may be
construed to authorize a change, otherwise prohibited by law, from the
performance of work at a Center of Industrial and Technical Excellence
by Department of Defense personnel to performance by a contractor.''.
(f) Use of Working Capital-Funded Facilities.--Section 2208(j)(1) of
title 10, United States Code, is amended--
(1) by striking ``contract; and'' at the end of subparagraph (A) and
all that follows through ``(B) the solicitation'' and inserting
``contract, and the solicitation'';
(2) by striking the period at the end and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(B) the Secretary would advance the objectives set forth in
section 2474(b)(2) of this title by authorizing the facility to do
so.''.
(g) Repeal of General Authority To Lease Excess Depot-Level Equipment
and Facilities to Outside Tenants.--(1) Section 2471 of title 10, United
States Code, is repealed.
(2) The table of sections at the beginning of chapter 146 of such
title is amended by striking the item relating to section 2471.
SEC. 342. UNUTILIZED AND UNDERUTILIZED PLANT-CAPACITY COSTS OF
UNITED STATES ARSENALS.
(a) Treatment of Unutilized and Underutilized Plant-Capacity
Costs.--Chapter 433 of title 10, United States Code, is amended by
inserting after section 4540 the following new section:
``4541. Army arsenals: treatment of unutilized or
underutilized plant-capacity costs
``(a) Estimate of Costs.--The Secretary of the Army shall include in
the budget justification documents submitted to Congress in support of
the President's budget for a fiscal year submitted under section 1105 of
title 31 an estimate of the funds to be required in that fiscal year to
cover unutilized and underutilized plant-capacity costs at Army
arsenals.
``(b) Use of Funds.--Funds appropriated to the Secretary of the Army
for a fiscal year to cover unutilized and underutilized plant-capacity
costs at Army arsenals shall be used in such fiscal year only for such
costs.
``(c) Treatment of Costs.--(1) The Secretary of the Army shall not
include unutilized and underutilized plant-capacity costs when
evaluating the bid of an Army arsenal for purposes of the arsenal's
contracting to provide a good or service to a Government agency.
``(2) When an Army arsenal is serving as a subcontractor to a
private-sector entity with respect to a good or service to be provided
to a Government agency, the cost charged by the arsenal shall not
include unutilized and underutilized plant-capacity costs that are
funded by a direct appropriation.
``(d) Definitions.--In this section:
``(1) The term `Army arsenal' means a Government-owned,
Government-operated defense plant of the Department of the Army that
manufactures weapons, weapon components, or both.
``(2) The term `unutilized and underutilized plant-capacity costs'
means the costs associated with operating and maintaining the facilities
and equipment of an Army arsenal that the Secretary of the Army
determines are required to be kept for mobilization needs, in those
months in which the facilities and equipment are not used or are used
only 20 percent or less of available work days.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
4540 the following new item:
``4541. Army arsenals: treatment of unutilized or underutilized
plant-capacity costs.''.
SEC. 343. ARSENAL SUPPORT PROGRAM INITIATIVE.
(a) Demonstration Program Required.--To help maintain the viability
of the Army manufacturing arsenals and the unique capabilities of these
arsenals to support the national security interests of the United
States, the Secretary of the Army shall carry out a demonstration
program under this section during fiscal years 2001 and 2002 at each
manufacturing arsenal of the Department of the Army.
(b) Purposes of Demonstration Program.--The purposes of the
demonstration program are as follows:
(1) To provide for the utilization of the existing skilled workforce
at the Army manufacturing arsenals by commercial firms.
(2) To provide for the reemployment and retraining of skilled
workers who, as a result of declining workload and reduced Army spending
on arsenal production requirements at these Army arsenals, are idled or
underemployed.
(3) To encourage commercial firms, to the maximum extent
practicable, to use these Army arsenals for commercial purposes.
(4) To increase the opportunities for small businesses (including
socially and economically disadvantaged small business concerns and new
small businesses) to use these Army arsenals for those purposes.
(5) To maintain in the United States a work force having the skills
in manufacturing processes that are necessary to meet industrial
emergency planned requirements for national security purposes.
(6) To demonstrate innovative business practices, to support
Department of Defense acquisition reform, and to serve as both a model
and a laboratory for future defense conversion initiatives of the
Department of Defense.
(7) To the maximum extent practicable, to allow the operation of
these Army arsenals to be rapidly responsive to the forces of free
market competition.
(8) To reduce or eliminate the cost of Government ownership of these
Army arsenals, including the costs of operations and maintenance, the
costs of environmental remediation, and other costs.
(9) To reduce the cost of products of the Department of Defense
produced at these Army arsenals.
(10) To leverage private investment at these Army arsenals through
long-term facility use contracts, property management contracts, leases,
or other agreements that support and advance the demonstration program
for the following activities:
(A) Recapitalization of plant and equipment.
(B) Environmental remediation.
(C) Promotion of commercial business ventures.
(D) Other activities approved by the Secretary of the Army.
(11) To foster cooperation between the Department of the Army,
property managers, commercial interests, and State and local agencies in
the implementation of sustainable development strategies and investment
in these Army arsenals.
(c) Contract Authority.--(1) In the case of each Army manufacturing
arsenal, the Secretary of the Army may enter into contracts with
commercial firms to authorize the contractors, consistent with section
4543 of title 10, United States Code--
(A) to use the arsenal, or a portion of the arsenal, and the skilled
workforce at the arsenal to manufacture weapons, weapon components, or
related products consistent with the purposes of the program; and
(B) to enter into subcontracts for the commercial use of the arsenal
consistent with such purposes.
(2) A contract under paragraph (1) shall require the contractor to
contribute toward the operation and maintenance of the Army
manufacturing arsenal covered by the contract.
(3) In the event an Army manufacturing arsenal is converted to
contractor operation, the Secretary may enter into a contract with the
contractor to authorize the contractor, consistent with section 4543 of
title 10, United States Code--
(A) to use the facility during the period of the program in a manner
consistent with the purposes of the program; and
(B) to enter into subcontracts for the commercial use of the
facility consistent with such purposes.
(d) Loan Guarantees.--(1) Subject to paragraph (2), the Secretary of
the Army may guarantee the repayment of any loan made to a commercial
firm to fund, in whole or in part, the establishment of a commercial
activity at an Army manufacturing arsenal under this section.
(2) Loan guarantees under this subsection may not be committed except
to the extent that appropriations of budget authority to cover their
costs are made in advance, as required by section 504 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661c).
(3) The Secretary of the Army may enter into agreements with the
Administrator of the Small Business Administration or the Administrator
of the Farmers Home Administration, the Administrator of the Rural
Development Administration, or the head of other appropriate agencies of
the Department of Agriculture, under which such Administrators may,
under this subsection--
(A) process applications for loan guarantees;
(B) guarantee repayment of loans; and
(C) provide any other services to the Secretary of the Army to
administer this subsection.
(4) An Administrator referred to in paragraph (3) may guarantee loans
under this section to commercial firms of any size, notwithstanding any
limitations on the size of applicants imposed on other loan guarantee
programs that the Administrator administers. To the extent practicable,
each Administrator shall use the same procedures for processing loan
guarantee applications under this subsection as the Administrator uses
for processing loan guarantee applications under other loan guarantee
programs that the Administrator administers.
(e) Loan Limits.--The maximum amount of loan principal guaranteed
during a fiscal year under subsection (d) may not exceed--
(1) $20,000,000, with respect to any single borrower; and
(2) $320,000,000 with respect to all borrowers.
(f) Transfer of Funds.--The Secretary of the Army may transfer to an
Administrator providing services under subsection (d), and the
Administrator may accept, such funds as may be necessary to administer
loan guarantees under such subsection.
(g) Reporting Requirements.--(1) Not later than July 1 of each year
in which a guarantee issued under subsection (d) is in effect, the
Secretary of the Army shall submit to Congress a report specifying the
amounts of loans guaranteed under such subsection during the preceding
calendar year. No report is required after fiscal year 2002.
(2) Not later than July 1, 2001, the Secretary of the Army shall
submit to the congressional defense committees a report on the
implementation of the demonstration program. The report shall contain a
comprehensive review of contracting at the Army manufacturing arsenals
covered by the program and such recommendations as the Secretary
considers appropriate regarding changes to the program.
SEC. 344. CODIFICATION AND IMPROVEMENT OF ARMAMENT RETOOLING
AND MANUFACTURING SUPPORT PROGRAMS.
(a) In General.--(1) Part IV of subtitle B of title 10, United States
Code, is amended by inserting after chapter 433 the following new
chapter:
``CHAPTER 434--ARMAMENTS INDUSTRIAL BASE
``Sec.
``4551. Definitions.
``4552. Policy.
``4553. Armament Retooling and Manufacturing Support Initiative.
``4554. Property management contracts and leases.
``4555. ARMS Initiative loan guarantee program.
``4551. Definitions
``In this chapter:
``(1) The term `ARMS Initiative' means the Armament Retooling and
Manufacturing Support Initiative authorized by this chapter.
``(2) The term `eligible facility' means a Government-owned,
contractor-operated ammunition manufacturing facility of the Department
of the Army that is in an active, inactive, layaway, or caretaker
status.
``(3) The term `property manager' includes any person or entity
managing an eligible facility made available under the ARMS Initiative
through a property management contract.
``(4) The term `property management contract' includes facility use
contracts, site management contracts, leases, and other agreements
entered into under the authority of this chapter.
``(5) The term `Secretary' means the Secretary of the Army.
``4552. Policy
``It is the policy of the United States--
``(1) to encourage, to the maximum extent practicable, commercial
firms to use Government-owned, contractor-operated ammunition
manufacturing facilities of the Department of the Army;
``(2) to use such facilities for supporting programs, projects,
policies, and initiatives that promote competition in the private sector
of the United States economy and that advance United States interests in
the global marketplace;
``(3) to increase the manufacture of products inside the United
States;
``(4) to support policies and programs that provide manufacturers
with incentives to assist the United States in making more efficient and
economical use of eligible facilities for commercial purposes;
``(5) to provide, as appropriate, small businesses (including
socially and economically disadvantaged small business concerns and new
small businesses) with incentives that encourage those businesses to
undertake manufacturing and other industrial processing activities that
contribute to the prosperity of the United States;
``(6) to encourage the creation of jobs through increased investment
in the private sector of the United States economy;
``(7) to foster a more efficient, cost-effective, and adaptable
armaments industry in the United States;
``(8) to achieve, with respect to armaments manufacturing capacity,
an optimum level of readiness of the national technology and industrial
base within the United States that is consistent with the projected
threats to the national security of the United States and the projected
emergency requirements of the armed forces; and
``(9) to encourage facility use contracting where feasible.
``4553. Armament Retooling and Manufacturing Support Initiative
``(a) Authority for Initiative.--The Secretary may carry out a
program to be known as the `Armament Retooling and Manufacturing Support
Initiative'.
``(b) Purposes.--The purposes of the ARMS Initiative are as follows:
``(1) To encourage commercial firms, to the maximum extent
practicable, to use eligible facilities for commercial purposes.
``(2) To increase the opportunities for small businesses (including
socially and economically disadvantaged small business concerns and new
small businesses) to use eligible facilities for those purposes.
``(3) To maintain in the United States a work force having the
skills in manufacturing processes that are necessary to meet industrial
emergency planned requirements for national security purposes.
``(4) To demonstrate innovative business practices, to support
Department of Defense acquisition reform, and to serve as both a model
and a laboratory for future defense conversion initiatives of the
Department of Defense.
``(5) To the maximum extent practicable, to allow the operation of
eligible facilities to be rapidly responsive to the forces of free
market competition.
``(6) To reduce or eliminate the cost of Government ownership of
eligible facilities, including the costs of operations and maintenance,
the costs of environmental remediation, and other costs.
``(7) To reduce the cost of products of the Department of Defense
produced at eligible facilities.
``(8) To leverage private investment at eligible facilities through
long-term facility use contracts, property management contracts, leases,
or other agreements that support and advance the policies and purposes
of this chapter, for the following activities:
``(A) Recapitalization of plant and equipment.
``(B) Environmental remediation.
``(C) Promotion of commercial business ventures.
``(D) Other activities approved by the Secretary.
``(9) To foster cooperation between the Department of the Army,
property managers, commercial interests, and State and local agencies in
the implementation of sustainable development strategies and investment
in eligible facilities made available for purposes of the ARMS
Initiative.
``(10) To reduce or eliminate the cost of asset disposal that would
be incurred if property at an eligible facility was declared excess to
the needs of the Department of the Army.
``(c) Availability of Facilities.--The Secretary may make any
eligible facility available for the purposes of the ARMS Initiative.
``(d) Consideration for Leases.--Section 321 of the Act of June 30,
1932 (40 U.S.C. 303b), shall not apply to uses of property or facilities
in accordance with the ARMS Initiative.
``(e) Program Support.--(1) Funds appropriated for purposes of the
ARMS Initiative may be used for administrative support and management.
``(2) A full annual accounting of such expenses for each fiscal year
shall be provided to the Committee on Armed Services and the Committee
on Appropriations of the Senate and the Committee on Armed Services and
the Committee on Appropriations of the House of Representatives not
later than March 30 of the following fiscal year.
``4554. Property management contracts and leases
``(a) In General.--In the case of each eligible facility that is made
available for the ARMS Initiative, the Secretary--
``(1) shall make full use of facility use contracts, leases, and
other such commercial contractual instruments as may be appropriate;
``(2) shall evaluate, on the basis of efficiency, cost, emergency
mobilization requirements, and the goals and purposes of the ARMS
Initiative, the procurement of services from the property manager,
including maintenance, operation, modification, infrastructure,
environmental restoration and remediation, and disposal of ammunition
manufacturing assets, and other services; and
``(3) may, in carrying out paragraphs (1) and (2)--
``(A) enter into contracts, and provide for subcontracts, for terms
up to 25 years, as the Secretary considers appropriate and consistent
with the needs of the Department of the Army and the goals and purposes
of the ARMS Initiative; and
``(B) use procedures that are authorized to be used under section
2304(c)(5) of this title when the contractor or subcontractor is a
source specified in law.
``(b) Consideration for Use.--(1) To the extent provided in a
contract entered into under this section for the use of property at an
eligible facility that is accountable under the contract, the Secretary
may accept consideration for such use that is, in whole or in part, in a
form other than--
``(A) rental payments; or
``(B) revenue generated at the facility.
``(2) Forms of consideration acceptable under paragraph (1) for a use
of an eligible facility or any property at an eligible facility include
the following:
``(A) The improvement, maintenance, protection, repair, and
restoration of the facility, the property, or any property within the
boundaries of the installation where the facility is located.
``(B) Reductions in overhead costs.
``(C) Reductions in product cost.
``(3) The authority under paragraph (1) may be exercised without
regard to section 3302(b) of title 31 and any other provision of law.
``4555. ARMS Initiative loan guarantee program
``(a) Program Authorized.--Subject to subsection (b), the Secretary
may carry out a loan guarantee program to encourage commercial firms to
use eligible facilities under this chapter. Under any such program, the
Secretary may guarantee the repayment of any loan made to a commercial
firm to fund, in whole or in part, the establishment of a commercial
activity to use an eligible facility under this chapter.
``(b) Advanced Budget Authority.--Loan guarantees under this section
may not be committed except to the extent that appropriations of budget
authority to cover their costs are made in advance, as required by
section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).
``(c) Program Administration.--(1) The Secretary may enter into an
agreement with any of the officials named in paragraph (2) under which
that official may, for the purposes of this section--
``(A) process applications for loan guarantees;
``(B) guarantee repayment of loans; and
``(C) provide any other services to the Secretary to administer the
loan guarantee program.
``(2) The officials referred to in paragraph (1) are as follows:
``(A) The Administrator of the Small Business Administration.
``(B) The head of any appropriate agency in the Department of
Agriculture, including--
``(i) the Administrator of the Farmers Home Administration; and
``(ii) the Administrator of the Rural Development Administration.
``(3) Each official authorized to do so under an agreement entered
into under paragraph (1) may guarantee loans under this section to
commercial firms of any size, notwithstanding any limitations on the
size of applicants imposed on other loan guarantee programs that the
official administers.
``(4) To the extent practicable, each official processing loan
guarantee applications under this section pursuant to an agreement
entered into under paragraph (1) shall use the same processing
procedures as the official uses for processing loan guarantee
applications under other loan guarantee programs that the official
administers.
``(d) Loan Limits.--The maximum amount of loan principal guaranteed
during a fiscal year under this section may not exceed--
``(1) $20,000,000, with respect to any single borrower; and
``(2) $320,000,000 with respect to all borrowers.
``(e) Transfer of Funds.--The Secretary may transfer to an official
providing services under subsection (c), and that official may accept,
such funds as may be necessary to administer the loan guarantee program
under this section.''.
(2) The tables of chapters at the beginning of subtitle B of such
title and at the beginning of part IV of such subtitle are amended by
inserting after the item relating to chapter 433 the following new item:
``434. Armaments Industrial Base
4551''.
(b) Implementation Report.--Not later than July 1, 2001, the
Secretary of Defense shall submit to the congressional defense
committees a report on the procedures and controls implemented to carry
out section 4554 of title 10, United States Code, as added by subsection
(a).
(c) Relationship to National Defense Technology and Industrial
Base.--(1) Subchapter IV of chapter 148 of title 10, United States Code,
is amended--
(A) by redesignating section 2525 as section 2521; and
(B) by adding at the end the following new section:
``2522. Armament retooling and manufacturing
``The Secretary of the Army is authorized by chapter 434 of this
title to carry out programs for the support of armaments retooling and
manufacturing in the national defense industrial and technology base.''.
(2) The table of sections at the beginning of such subchapter is
amended by striking the item relating to section 2525 and inserting the
following new items:
``2521. Manufacturing Technology Program.
``2522. Armament retooling and manufacturing.''.
(d) Repeal of Superseded Law.--The Armament Retooling and
Manufacturing Support Act of 1992 (subtitle H of title I of Public Law
102 484; 10 U.S.C. 2501 note) is repealed.
Subtitle E--Performance of Functions by Private-Sector Sources
SEC. 351. INCLUSION OF ADDITIONAL INFORMATION IN REPORTS TO
CONGRESS REQUIRED BEFORE CONVERSION OF COMMERCIAL OR INDUSTRIAL TYPE
FUNCTIONS TO CONTRACTOR PERFORMANCE.
(a) Information Required Before Commencement of Conversion
Analysis.--Subsection (b)(1)(D) of section 2461 of title 10, United
States Code, is amended by inserting before the period the following:
``, and a specific identification of the budgetary line item from which
funds will be used to cover the cost of the analysis''.
(b) Information Required in Notification of Decision.--Subsection
(c)(1) of such section is amended--
(1) by redesignating subparagraphs (A), (B), (C), (D), and (E) as
subparagraphs (B), (C), (F), (H), and (I), respectively;
(2) by inserting before subparagraph (B), as so redesignated, the
following new subparagraph:
``(A) The date when the analysis of that commercial or industrial
type function for possible change to performance by the private sector
was commenced.'';
(3) by inserting after subparagraph (C), as so redesignated, the
following new subparagraphs:
``(D) The number of Department of Defense civilian employees who
were performing the function when the analysis was commenced, the number
of such employees whose employment was terminated or otherwise affected
in implementing the most efficient organization of the function, and the
number of such employees whose employment would be terminated or
otherwise affected by changing to performance of the function by the
private sector.
``(E) The Secretary's certification that the factors considered in
the examinations performed under subsection (b)(3), and in the making of
the decision to change performance, did not include any predetermined
personnel constraint or limitation in terms of man years, end strength,
full-time equivalent positions, or maximum number of employees.''; and
(4) by inserting after subparagraph (F), as so redesignated, the
following new subparagraph:
``(G) A statement of the potential economic effect of the change on
each affected local community, as determined in the examination under
subsection (b)(3)(B)(ii).''.
SEC. 352. EFFECTS OF OUTSOURCING ON OVERHEAD COSTS OF CENTERS
OF INDUSTRIAL AND TECHNICAL EXCELLENCE AND ARMY AMMUNITION PLANTS.
Section 2461(c) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new paragraph:
``(2) If the commercial or industrial type function to be changed to
performance by the private sector is performed at a Center of Industrial
and Technical Excellence designated under section 2474(a) of this title
or an Army ammunition plant--
``(A) the report required by this subsection shall also include a
description of the effect that the performance and administration of the
resulting contract will have on the overhead costs of the center or
ammunition plant, as the case may be; and
``(B) notwithstanding paragraph (3), the change of the function to
contractor performance may not begin until at least 60 days after the
submission of the report.''.
SEC. 353. CONSOLIDATION, RESTRUCTURING, OR REENGINEERING OF
DEPARTMENT OF DEFENSE ORGANIZATIONS, FUNCTIONS, OR ACTIVITIES.
(a) In General.--Chapter 146 of title 10, United States Code, is
amended by adding at the end the following new section:
``2475. Consolidation, restructuring, or reengineering of
organizations, functions, or activities: notification requirements
``(a) Requirement To Submit Plan Annually. --Concurrently with the
submission of the President's annual budget request under section 1105
of title 31, the Secretary of Defense shall submit to Congress each
Strategic Sourcing Plan of Action for the Department of Defense (as
identified in the Department of Defense Interim Guidance dated February
29, 2000, or any successor Department of Defense guidance or directive),
for the following year.
``(b) Notification of Decision To Execute Plan.--If a decision is
made to consolidate, restructure, or reengineer an organization,
function, or activity of the Department of Defense pursuant to a
Strategic Sourcing Plan of Action described in subsection (a), and such
consolidation, restructuring, or reengineering would result in a
manpower reduction affecting 50 or more personnel of the Department of
Defense (including military and civilian personnel)--
``(1) the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
describing that decision, including--
``(A) a projection of the savings that will be realized as a result
of the consolidation, restructuring, or reengineering, compared with the
cost incurred by the Department of Defense to perform the function or to
operate the organization or activity prior to such proposed
consolidation, restructuring, or reengineering;
``(B) a description of all missions, duties, or military
requirements that will be affected as a result of the decision to
consolidate, restructure, or reengineer the organization, function, or
activity that was analyzed;
``(C) the Secretary's certification that the consolidation,
restructuring, or reengineering will not result in any diminution of
military readiness;
``(D) a schedule for performing the consolidation, restructuring, or
reengineering; and
``(E) the Secretary's certification that the entire analysis for the
consolidation, restructuring, or reengineering is available for
examination; and
``(2) the head of the Defense Agency or the Secretary of the
military department concerned may not implement the plan until 30 days
after the date that the agency head or Secretary submits notification to
the Committees on Armed Services of the Senate and House of
Representatives of the intent to carry out such plan.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2475. Consolidation, restructuring, or reengineering of
organizations, functions, or activities: notification requirements.''.
SEC. 354. MONITORING OF SAVINGS RESULTING FROM WORKFORCE
REDUCTIONS AS PART OF CONVERSION OF FUNCTIONS TO PERFORMANCE BY PRIVATE
SECTOR OR OTHER STRATEGIC SOURCING INITIATIVES.
(a) Requirement for a Monitoring System.--Chapter 146 of title 10,
United States Code, is amended by inserting after section 2461 the
following new section:
``2461a. Development of system for monitoring cost savings
resulting from workforce reductions
``(a) Workforce Review Defined.--In this section, the term `workforce
review', with respect to a function of the Department of Defense
performed by Department of Defense civilian employees, means a review
conducted under Office of Management and Budget Circular A 76 (or any
successor administrative regulation or policy), the Strategic Sourcing
Program Plan of Action (or any successor Department of Defense guidance
or directive), or any other authority to determine whether the
function--
``(1) should be performed by a workforce composed of Department of
Defense civilian employees or by a private sector workforce; or
``(2) should be reorganized or otherwise reengineered to improve the
effeciency or effectiveness of the performance of the function, with a
resulting decrease in the number of Department of Defense civilian
employees performing the function.
``(b) System for Monitoring Performance.--(1) The Secretary of
Defense shall establish a system for monitoring the performance,
including the cost of performance, of each function of the Department of
Defense that, after the date of the enactment of this section, is the
subject of a workforce review.
``(2) The monitoring system shall be designed to compare the
following:
``(A) The costs to perform a function before the workforce review to
the costs actually incurred to perform the function after implementing
the conversion, reorganization, or reengineering actions recommended by
the workforce review.
``(B) The anticipated savings to the actual savings, if any,
resulting from conversion, reorganization, or reengineering actions
undertaken in response to the workforce review.
``(3) The monitoring of a function shall continue under this section
for at least five years after the conversion, reorganization, or
reengineering of the function.
``(c) Waiver for Certain Workforce Reviews.--Subsection (b) shall not
apply to a workforce review that would result in a manpower reduction
affecting fewer than 50 Department of Defense civilian employees.
``(d) Annual Report.--Not later than February 1 of each fiscal year,
the Secretary of Defense shall submit to Congress a report on the
results of the monitoring performed under the system established under
subsection (b). For each function subject to monitoring during the
previous fiscal year, the report shall indicate the following:
``(1) The cost of the workforce review.
``(2) The cost of performing the function before the workforce
review compared to the costs incurred after implementing the conversion,
reorganization, or reengineering actions recommended by the workforce
review.
``(3) The actual savings derived from the implementation of the
recommendations of the workforce review, if any, compared to the
anticipated savings that were to result from the conversion,
reorganization, or reengineering actions.
``(e) Consideration in Preparation of Future-Years Defense
Program.--In preparing the future-years defense program under section
221 of this title, the Secretary of Defense shall, for the fiscal years
covered by the program, estimate and take into account the costs to be
incurred and the savings to be derived from the performance of functions
by workforces selected in workforce reviews. The Secretary shall
consider the results of the monitoring under this section in making the
estimates.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2461 the following new item:
``2461a. Development of system for monitoring cost savings
resulting from workforce reductions.''.
SEC. 355. PERFORMANCE OF EMERGENCY RESPONSE FUNCTIONS AT
CHEMICAL WEAPONS STORAGE INSTALLATIONS.
(a) Restriction on Conversion.--The Secretary of the Army may not
convert to contractor performance the emergency response functions of
any chemical weapons storage installation that, as of the date of the
enactment of this Act, are performed for that installation by employees
of the United States until the certification required by subsection (c)
has been submitted in accordance with that subsection.
(b) Covered Installations.--For the purposes of this section, a
chemical weapons storage installation is any installation of the
Department of Defense on which lethal chemical agents or munitions are
stored.
(c) Certification Requirement.--The Secretary of the Army shall
certify in writing to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives that, to
ensure that there will be no lapse of capability to perform the chemical
weapon emergency response mission at a chemical weapons storage
installation during any transition to contractor performance of those
functions at the installation, the plan for conversion of the
performance of those functions--
(1) is consistent with the recommendation contained in General
Accounting Office Report NSIAD 00 88, entitled ``DoD Competitive
Sourcing'', dated March 2000;
(2) provides for a transition to contractor performance of emergency
response functions which ensures an adequate transfer of the relevant
knowledge and expertise regarding chemical weapon emergency response to
the contractor personnel; and
(3) complies with section 2465 of title 10, United States Code.
SEC. 356. SUSPENSION OF REORGANIZATION OR RELOCATION OF NAVAL
AUDIT SERVICE.
(a) Suspension.--During the period specified in subsection (b), the
Secretary of the Navy may not commence or continue any consolidation,
involuntary transfer, buy-out, or other reduction in force of the
workforce of auditors and administrative support personnel of the Naval
Audit Service if the consolidation, involuntary transfer, buy-out, or
other reduction in force is associated with the reorganization or
relocation of the performance of the auditing functions of the Naval
Audit Service.
(b) Duration.--Subsection (a) applies during the period beginning on
the date of the enactment of this Act and ending 180 days after the date
on which the Secretary submits to the congressional defense committees a
report that sets forth in detail the Navy's plans and justification for
the reorganization or relocation of the performance of the auditing
functions of the Naval Audit Service, as the case may be.
Subtitle F--Defense Dependents Education
SEC. 361. ELIGIBILITY OF DEPENDENTS OF AMERICAN RED CROSS
EMPLOYEES FOR ENROLLMENT IN DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT
SCHOOLS IN PUERTO RICO.
Section 2164 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(i) American Red Cross Employee Dependents in Puerto Rico.--(1) The
Secretary may authorize the dependent of an American Red Cross employee
described in paragraph (2) to enroll in an education program provided by
the Secretary pursuant to subsection (a) in Puerto Rico if the American
Red Cross agrees to reimburse the Secretary for the educational services
so provided.
``(2) An employee referred to in paragraph (1) is an American Red
Cross employee who--
``(A) resides in Puerto Rico; and
``(B) performs, on a full-time basis, emergency services on behalf
of members of the armed forces.
``(3) In determining the dependency status of any person for the
purposes of paragraph (1), the Secretary shall apply the same
definitions as apply to the determination of such status with respect to
Federal employees in the administration of this section.
``(4) Subsection (g) shall apply with respect to determining the
reimbursement rates for educational services provided pursuant to this
subsection. Amounts received as reimbursement for such educational
services shall be treated in the same manner as amounts received under
subsection (g).''.
SEC. 362. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
2001.--Of the amount authorized to be appropriated by section 301(5) for
operation and maintenance for Defense-wide activities, $35,000,000 shall
be available only for the purpose of providing educational agencies
assistance (as defined in subsection (d)(1)) to local educational
agencies.
(b) Notification.--Not later than June 30, 2001, the Secretary of
Defense shall notify each local educational agency that is eligible for
educational agencies assistance for fiscal year 2001 of--
(1) that agency's eligibility for educational agencies assistance; and
(2) the amount of the educational agencies assistance for which that
agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under subsection (a) not later than 30 days after
the date on which notification to the eligible local educational
agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means assistance
authorized under section 386(b) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102 484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning given that
term in section 8013(9) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)).
SEC. 363. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
(a) Payments.--Subject to subsection (f), the Secretary of Defense
shall make a payment for fiscal years after fiscal year 2001, to each
local educational agency eligible to receive a payment for a child
described in subparagraph (A)(ii), (B), (D)(i) or (D)(ii) of section
8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(a)(1)) that serves two or more such children with severe
disabilities, for costs incurred in providing a free appropriate public
education to each such child.
(b) Payment Amount.--The amount of the payment under subsection (a)
to a local educational agency for a fiscal year for each child referred
to in such subsection with a severe disability shall be--
(1) the payment made on behalf of the child with a severe disability
that is in excess of the average per pupil expenditure in the State in
which the local educational agency is located; less
(2) the sum of the funds received by the local educational agency--
(A) from the State in which the child resides to defray the
educational and related services for such child;
(B) under the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) to defray the educational and related services for such
child; and
(C) from any other source to defray the costs of providing
educational and related services to the child which are received due to
the presence of a severe disabling condition of such child.
(c) Exclusions.--No payment shall be made under subsection (a) on
behalf of a child with a severe disability whose individual cost of
educational and related services does not exceed--
(1) five times the national or State average per pupil expenditure
(whichever is lower), for a child who is provided educational and
related services under a program that is located outside the boundaries
of the school district of the local educational agency that pays for the
free appropriate public education of the student; or
(2) three times the State average per pupil expenditure, for a child
who is provided educational and related services under a program offered
by the local educational agency, or within the boundaries of the school
district served by the local educational agency.
(d) Ratable reduction.--If the amount available for a fiscal year for
payments under subsection (a) is insufficient to pay the full amount all
local educational agencies are eligible to receive under such
subsection, the Secretary of Defense shall ratably reduce the amounts of
the payments made under such subsection to all local educational
agencies by an equal percentage.
(e) Report.--Each local educational agency desiring a payment under
subsection (a) shall report to the Secretary of Defense--
(1) the number of severely disabled children for which a payment may
be made under this section; and
(2) a breakdown of the average cost, by placement (inside or outside
the boundaries of the school district of the local educational agency),
of providing education and related services to such children.
(f) Payments Subject to Appropriation.--Payments shall be made for
any period in a fiscal year under this section only to the extent that
funds are appropriated specifically for making such payments for that
fiscal year.
(g) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(9)).
SEC. 364. ASSISTANCE FOR MAINTENANCE, REPAIR, AND RENOVATION
OF SCHOOL FACILITIES THAT SERVE DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Repair and Renovation Assistance.--(1) During fiscal year 2001,
the Secretary of Defense may make a grant to an eligible local
educational agency to assist the agency to repair and renovate--
(A) an impacted school facility that is used by significant numbers
of military dependent students; or
(B) a school facility that was a former Department of Defense
domestic dependent elementary or secondary school.
(2) Authorized repair and renovation projects may include repairs and
improvements to an impacted school facility (including the grounds of
the facility) designed to ensure compliance with the requirements of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or
local health and safety ordinances, to meet classroom size requirements,
or to accommodate school population increases.
(3) The total amount of assistance provided under this subsection to
an eligible local educational agency may not exceed $2,500,000 during
fiscal year 2001.
(b) Maintenance Assistance.--(1) During fiscal year 2001, the
Secretary of Defense may make a grant to an eligible local educational
agency whose boundaries are the same as a military installation to
assist the agency to maintain an impacted school facility, including the
grounds of such a facility.
(2) The total amount of assistance provided under this subsection to
an eligible local educational agency may not exceed $250,000 during
fiscal year 2001.
(c) Determination of Eligible Local Educational Agencies.--(1) A
local educational agency is an eligible local educational agency under
this section only if the Secretary of Defense determines that the local
educational agency has--
(A) one or more federally impacted school facilities; and
(B) satisfies at least one of the following eligibility requirements:
(i) The local educational agency is eligible to receive assistance
under subsection (f) of section 8003 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703) and at least 10 percent of the
students who were in average daily attendance in the schools of such
agency during the preceding school year were students described under
paragraph (1)(A) or (1)(B) of section 8003(a) of the Elementary and
Secondary Education Act of 1965.
(ii) At least 35 percent of the students who were in average daily
attendance in the schools of the local educational agency during the
preceding school year were students described under paragraph (1)(A) or
(1)(B) of section 8003(a) of the Elementary and Secondary
Education Act of 1965.
(iii) The State education system and the local educational agency
are one and the same.
(2) A local educational agency is also an eligible local educational
agency under this section if the local educational agency has a school
facility that was a former Department of Defense domestic dependent
elementary or secondary school, but assistance provided under subsection
(a) may only be used to repair and renovate that specific facility.
(d) Notification of Eligibility.--Not later than April 30, 2001, the
Secretary of Defense shall notify each local educational agency
identified under subsection (c) that the local educational agency is
eligible to apply for a grant under subsection (a), subsection (b), or
both subsections.
(e) Relation to Impact Aid Construction Assistance.--A local
education agency that receives a grant under subsection (a) to repair
and renovate a school facility may not also receive a payment for school
construction under section 8007 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7707) for fiscal year 2001.
(f) Grant Considerations.--In determining which eligible local
educational agencies will receive a grant under this section, the
Secretary of Defense shall take into consideration the following
conditions and needs at impacted school facilities of eligible local
educational agencies:
(1) The repair or renovation of facilities is needed to meet State
mandated class size requirements, including student-teacher ratios and
instructional space size requirements.
(2) There is an increase in the number of military dependent
students in facilities of the agency due to increases in unit strength
as part of military readiness.
(3) There are unhoused students on a military installation due to
other strength adjustments at military installations.
(4) The repair or renovation of facilities is needed to address any
of the following conditions:
(A) The condition of the facility poses a threat to the safety and
well-being of students.
(B) The requirements of the Americans with Disabilities Act of 1990.
(C) The cost associated with asbestos removal, energy conservation,
or technology upgrades.
(D) Overcrowding conditions as evidenced by the use of trailers and
portable buildings and the potential for future overcrowding because of
increased enrollment.
(5) The repair or renovation of facilities is needed to meet any
other Federal or State mandate.
(6) The number of military dependent students as a percentage of the
total student population in the particular school facility.
(7) The age of facility to be repaired or renovated.
(g) Definitions.--In this section:
(1) Local educational agency.--The term ``local educational agency''
has the meaning given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(2) Impacted school facility.--The term ``impacted school facility''
means a facility of a local educational agency--
(A) that is used to provide elementary or secondary education at or
near a military installation; and
(B) at which the average annual enrollment of military dependent
students is a high percentage of the total student enrollment at the
facility, as determined by the Secretary of Defense.
(3) Military dependent students.--The term ``military dependent
students'' means students who are dependents of members of the armed
forces or Department of Defense civilian employees.
(4) Military installation.--The term ``military installation'' has
the meaning given that term in section 2687(e) of title 10, United
States Code.
(h) Funding Source.--The amount authorized to be appropriated under
section 301(25) for Quality of Life Enhancements, Defense-Wide, shall be
available to the Secretary of Defense to make grants under this section.
Subtitle G--Military Readiness Issues
SEC. 371. MEASURING CANNIBALIZATION OF PARTS, SUPPLIES, AND
EQUIPMENT UNDER READINESS REPORTING SYSTEM.
Section 117(c) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(7) Measure, on a quarterly basis, the extent to which units of
the armed forces remove serviceable parts, supplies, or equipment from
one vehicle, vessel, or aircraft in order to render a different vehicle,
vessel, or aircraft operational.''.
SEC. 372. REPORTING REQUIREMENTS REGARDING TRANSFERS FROM
HIGH-PRIORITY READINESS APPROPRIATIONS.
(a) Continuation of Reporting Requirements.--Section 483 of title 10,
United States Code, is amended by striking subsection (e).
(b) Level of Detail.--Subsection (c)(2) of such section is amended by
inserting before the period the following: ``, including identification
of the sources from which funds were transferred into that activity and
identification of the recipients of the funds transferred out of that
activity''.
(c) Additional Covered Budget Activities.--Subsection (d)(5) of such
section is amended by adding at the end the following new subparagraphs:
``(G) Combat Enhancement Forces.
``(H) Combat Communications.''.
SEC. 373. EFFECTS OF WORLDWIDE CONTINGENCY OPERATIONS ON
READINESS OF MILITARY AIRCRAFT AND EQUIPMENT.
(a) Requirement for Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a report assessing the effects of worldwide contingency
operations on--
(1) the readiness of aircraft and ground equipment of the Armed
Forces; and
(2) the capability of the Armed Forces to maintain a high level of
equipment readiness and to manage a high operating tempo for the
aircraft and ground equipment.
(b) Effects on Aircraft.--With respect to aircraft, the assessment
contained in the report shall address the following effects:
(1) The effects of the contingency operations carried out during
fiscal years 1995 through 2000 on the aircraft of each of the Armed
Forces in each category of aircraft, as follows:
(A) Combat tactical aircraft.
(B) Strategic aircraft.
(C) Combat support aircraft.
(D) Combat service support aircraft.
(2) The types of adverse effects on the aircraft of each of the
Armed Forces in each category of aircraft specified in paragraph (1)
resulting from contingency operations, as follows:
(A) Patrolling in no-fly zones over Iraq in Operation Northern Watch
and Operation Southern Watch and over the Balkans in Operation Allied
Force.
(B) Air operations in the North Atlantic Treaty Organization air war
against Serbia in Operation Sky Anvil, Operation Noble Anvil, and
Operation Allied Force.
(C) Air operations in Operation Shining Hope in Kosovo.
(D) All other activities within the general context of worldwide
contingency operations.
(3) Any other effects that the Secretary of Defense considers
appropriate in carrying out subsection (a).
(c) Effects on Ground Equipment.--With respect to ground equipment,
the assessment contained in the report shall address following effects:
(1) The effects of the contingency operations carried out during
fiscal years 1995 through 2000 on the ground equipment of each of the
Armed Forces.
(2) Any other effects that the Secretary of Defense considers
appropriate in carrying out subsection (a).
(d) Definitions.--In this section:
(1) The term ``Armed Forces'' means the Army, Navy, Marine Corps,
and Air Force.
(2) The term ``contingency operation'' has the meaning given the
term in section 101(a)(13) of title 10, United States Code.
SEC. 374. IDENTIFICATION OF REQUIREMENTS TO REDUCE BACKLOG IN
MAINTENANCE AND REPAIR OF DEFENSE FACILITIES.
(a) Report To Address Maintenance and Repair Backlog.--Not later than
March 15, 2001, the Secretary of Defense shall submit to Congress a
report identifying a list of requirements to reduce the backlog in
maintenance and repair needs of facilities and infrastructure under the
jurisdiction of the Department of Defense or a military department.
(b) Elements of Report.--At a minimum, the report shall include or
address the following:
(1) The extent of the work necessary to repair and revitalize
facilities and infrastructure, or to demolish and replace unusable
facilities, carried as backlog by the Secretary of Defense or the
Secretary of a military department.
(2) Measurable goals, over specified time frames, for addressing all
of the identified requirements.
(3) Expected funding for each military department and Defense Agency
to address the identified requirements during the period covered by the
most recent future-years defense program submitted to Congress pursuant
to section 221 of title 10, United States Code.
(4) The cost of the current backlog in maintenance and repair for
each military department and Defense Agency, which shall be determined
using the standard costs to standard facility categories in the
Department of Defense Facilities Cost Factors Handbook, shown both in
the aggregate and individually for each major military installation.
(5) The total number of square feet of building space of each
military department and Defense Agency to be demolished or proposed for
demolition, shown both in the aggregate and individually for each major
military installation.
(6) The initiatives underway to identify facility and infrastructure
requirements at military installation to accommodate new and developing
weapons systems and to prepare installations to accommodate these
systems.
(c) Annual Updates.--The Secretary of Defense shall update the report
required under subsection (a) annually. The annual updates shall be
submitted to Congress at or about the time that the budget is submitted
to Congress for a fiscal year under section 1105(a) of title 31, United
States Code.
SEC. 375. NEW METHODOLOGY FOR PREPARING BUDGET REQUESTS TO
SATISFY ARMY READINESS REQUIREMENTS.
(a) Requirement for New Methodology.--The Secretary of the Army shall
develop a new methodology for preparing budget requests for operation
and maintenance for the Army that can be used to ensure that the budget
requests for operation and maintenance for future fiscal years more
accurately reflect the Army's requirements than did the budget requests
submitted to Congress for fiscal year 2001 and preceding fiscal years.
(b) Sense of Congress Regarding New Methodology.--It is the sense of
Congress that--
(1) the methodology required by subsection (a) should provide for
the determination of the budget levels to request for operation and
maintenance for the Army to be based on--
(A) the level of training that must be conducted in order for the
Army to execute successfully the full range of missions called for in
the national defense strategy delineated pursuant to section 118 of
title 10, United States Code, at a low-to-moderate level of risk;
(B) the cost of conducting training at the level of training
described in subparagraph (A); and
(C) the costs of all other Army operations, including the cost of
meeting infrastructure requirements; and
(2) the Secretary of the Army should use the new methodology in the
preparation of the budget requests for operation and maintenance for the
Army for fiscal years after fiscal year 2001.
SEC. 376. REVIEW OF AH 64 AIRCRAFT PROGRAM.
(a) Requirement for Review.--The Comptroller General shall conduct a
review of the Army's AH 64 aircraft program to determine--
(1) whether obsolete spare parts, rather than spare parts for the
latest aircraft configuration, are being procured;
(2) whether there is insufficient sustaining system technical support;
(3) whether technical data packages and manuals are obsolete;
(4) whether there are unfunded requirements for airframe and
component upgrades; and
(5) if one or more of the conditions described in the preceding
paragraphs exist, whether the readiness of the aircraft is impaired by
the conditions.
(b) Report.--Not later than March 1, 2001, the Comptroller General
shall submit to the congressional defense committees a report on the
results of the review under subsection (a).
SEC. 377. REPORT ON AIR FORCE SPARE AND REPAIR PARTS PROGRAM
FOR C 5 AIRCRAFT.
(a) Findings.--Congress makes the following findings:
(1) There exists a significant shortfall in the Nation's current
strategic airlift requirement, even though strategic airlift remains
critical to the national security strategy of the United States.
(2) This shortfall results from the slow phase-out of C 141 aircraft
and their replacement with C 17 aircraft and from lower than optimal
reliability rates for the C 5 aircraft.
(3) One of the primary causes of these reliability rates for C 5
aircraft, and especially for operational unit aircraft, is the shortage
of spare repair parts. Over the past 5 years, this shortage has been
particularly evident in the C 5 fleet.
(4) Not Mission Capable for Supply rates for C 5 aircraft have
increased significantly in the period between 1997 and 1999. At Dover
Air Force Base, Delaware, for example, an average of 7 to 9 C 5 aircraft
were not available during that period because of a lack of parts.
(5) Average rates of cannibalization of C 5 aircraft per 100 sorties
of such aircraft have also increased during that period and are well
above the Air Mobility Command standard. In any given month, this means
devoting additional manhours to cannibalization of C 5 aircraft. At
Dover Air Force Base, for example, an average of 800 to 1,000 additional
manhours were required for cannibalization of C 5 aircraft during that
period. Cannibalization is often required for aircraft that transit
through a base such as Dover Air Force Base, as well as those that are
based there.
(6) High cannibalization rates indicate a significant problem in
delivering spare parts in a timely manner and systemic problems within
the repair and maintenance process, and also demoralize overworked
maintenance crews.
(7) The C 5 aircraft remains an absolutely critical asset in air
mobility and airlifting heavy equipment and personnel to both military
contingencies and humanitarian relief efforts around the world.
(8) Despite increased funding for spare and repair parts and other
efforts by the Air Force to mitigate the parts shortage problem,
Congress continues to receive reports of significant cannibalization to
airworthy C 5 aircraft and parts backlogs.
(b) Report Required.--Not later than January 1, 2001, and September
30, 2001, the Secretary of the Air Force shall submit to Congress a
report on the overall status of the spare and repair parts program of
the Air Force for the C 5 aircraft.
(c) Elements of Report.--Each report shall include the following:
(1) A statement of the funds currently allocated to the acquisition
of spare and repair parts for the C 5 aircraft and the adequacy of such
funds to meet current and future repair and maintenance requirements for
that aircraft.
(2) A description of current efforts to address shortfalls in the
availability of spare and repair parts for the C 5 aircraft, including
an assessment of potential short-term and long-term effects of such
efforts.
(3) An assessment of the effects of such parts shortfalls on
readiness and reliability ratings for the C 5 aircraft.
(4) A description of rates at which spare and repair parts for one C
5 aircraft are taken from another C 5 aircraft (known as parts
cannibalization) and the manhours devoted to part cannibalization of
such aircraft.
(5) An assessment of the effects of parts shortfalls and parts
cannibalization with respect to C 5 aircraft on readiness and retention.
Subtitle H--Other Matters
SEC. 381. ANNUAL REPORT ON PUBLIC SALE OF CERTAIN MILITARY
EQUIPMENT IDENTIFIED ON UNITED STATES MUNITIONS LIST.
(a) Annual Report Required.--Chapter 153 of title 10, United States
Code, is amended by adding at the end the following new section:
``2582. Military equipment identified on United States
munitions list: annual report of public sales
``(a) Report Required.--The Secretary of Defense shall prepare an
annual report identifying each public sale conducted by a military
department or Defense Agency of military items that are--
``(1) identified on the United States Munitions List maintained
under section 121.1 of title 22, Code of Federal Regulations; and
``(2) assigned a demilitarization code of `B' or its equivalent.
``(b) Elements of Report.--(1) A report under this section shall
cover all public sales described in subsection (a) that were conducted
during the preceding fiscal year.
``(2) The report shall specify the following for each sale:
``(A) The date of the sale.
``(B) The military department or Defense Agency conducting the sale.
``(C) The manner in which the sale was conducted.
``(D) The military items described in subsection (a) that were sold
or offered for sale.
``(E) The purchaser of each item.
``(F) The stated end-use of each item sold.
``(c) Submission of Report.--Not later than March 31 of each year,
the Secretary of Defense shall submit to the Committee on Armed Services
of the House of Representatives and the Committee on Armed Services of
the Senate the report required by this section for the preceding fiscal
year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2582. Military equipment identified on United States munitions
list: annual report of public sales.''.
SEC. 382. RESALE OF ARMOR-PIERCING AMMUNITION DISPOSED OF BY THE ARMY.
(a) Restriction.--(1) Chapter 443 of title 10, United States Code, is
amended by adding at the end the following new section:
``4688. Armor-piercing ammunition and components: condition on disposal
``(a) Limitation on Resale or Other Transfer.--Except as provided in
subsection (b), whenever the Secretary of the Army carries out a
disposal (by sale or otherwise) of armor-piercing ammunition, or a
component of armor-piercing ammunition, the Secretary shall require as a
condition of the disposal that the recipient agree in writing not to
sell or otherwise transfer any of the ammunition (reconditioned or
otherwise), or any armor-piercing component of that ammunition, to any
purchaser in the United States other than a law enforcement or other
governmental agency.
``(b) Exception.--Subsection (a) does not apply to a transfer of a
component of armor-piercing ammunition solely for the purpose of metal
reclamation by means of a destructive process such as melting, crushing,
or shredding.
``(c) Special Rule for Non-Armor-Piercing Components.--A component of
the armor-piercing ammunition that is not itself armor-piercing and is
not subjected to metal reclamation as described in subsection (b) may
not be used as a component in the production of new or remanufactured
armor-piercing ammunition other than for sale to a law enforcement or
other governmental agency or for a government-to-government sale or
commercial export to a foreign government under the Arms Export Control
Act (22 U.S.C. 2751).
``(d) Definition.--In this section, the term `armor-piercing
ammunition' means a center-fire cartridge the military designation of
which includes the term `armor penetrator' or `armor-piercing',
including a center-fire cartridge designated as armor-piercing
incendiary (API) or armor-piercing incendiary-tracer (API T).''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``4688. Armor-piercing ammunition and components: condition on
disposal.''.
(b) Applicability.--Section 4688 of title 10, United States Code, as
added by subsection (a), shall apply with respect to any disposal of
ammunition or components referred to in that section after the date of
the enactment of this Act.
SEC. 383. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR SUPPORT
PROVIDED AT JOHNSTON ATOLL.
(a) In General.--Chapter 949 of title 10, United States Code, is
amended by adding at the end the following new section:
``9783. Johnston Atoll: reimbursement for support provided to
civil air carriers
``(a) Authority of the Secretary.--The Secretary of the Air Force
may, under regulations prescribed by the Secretary, require payment by a
civil air carrier for support provided by the United States to the
carrier at Johnston Atoll that is either--
``(1) requested by the civil air carrier; or
``(2) determined under the regulations as being necessary to
accommodate the civil air carrier's use of Johnston Atoll.
``(b) Amount of Charges.--Any amount charged an air carrier under
subsection (a) for support shall be equal to the total amount of the
actual costs to the United States of providing the support. The amount
charged may not include any amount for an item of support that does not
satisfy a condition described in paragraph (1) or (2) of subsection (a).
``(c) Relationship to Landing Fees.--No landing fee shall be charged
an air carrier for a landing of an aircraft of the air carrier at
Johnston Atoll if the air carrier is charged under subsection (a) for
support provided to the air carrier.
``(d) Disposition of Payments.--(1) Amounts collected from an air
carrier under this section shall be credited to appropriations available
for the fiscal year in which collected, as follows:
``(A) For support provided by the Air Force, to appropriations
available for the Air Force for operation and maintenance.
``(B) For support provided by the Army, to appropriations available
for the Army for chemical demilitarization.
``(2) Amounts credited to an appropriation under paragraph (1) shall
be merged with funds in that appropriation and shall be available,
without further appropriation, for the purposes and period for which the
appropriation is available.
``(e) Definitions.--In this section:
``(1) The term `civil air carrier' means an air carrier (as defined
in section 40101(a)(2) of title 49) that is issued a certificate of
public convenience and necessity under section 41102 of such title.
``(2) The term `support' includes fuel, fire rescue, use of
facilities, improvements necessary to accommodate use by civil air
carriers, police, safety, housing, food, air traffic control, suspension
of military operations on the island (including operations at the
Johnston Atoll Chemical Agent Demilitarization System), repairs, and any
other construction, services, or supplies.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``9783. Johnston Atoll: reimbursement for support provided to
civil air carriers.''.
SEC. 384. TRAVEL BY RESERVES ON MILITARY AIRCRAFT.
(a) Space-Required Travel for Travel to Duty Stations.--Subsection
(a) of section 18505 of title 10, United States Code, is amended to read
as follows:
``(a) A member of a reserve component traveling for annual training
duty or inactive-duty training (including a place other than the place
of the member's unit training assembly if the member is performing
annual training duty or inactive-duty training in another location) may
travel in a space-required status on aircraft of the armed forces
between the member's home and the place of the annual training duty or
inactive-duty training.''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``18505. Reserves traveling for annual training duty or
inactive-duty training: space-required travel on military aircraft''.
(2) The table of sections at the beginning of chapter 1805 of such
title is amended by striking the item relating to section 18505 and
inserting the following new item:
``18505. Reserves traveling for annual training duty or
inactive-duty training: space-required travel on military aircraft.''.
SEC. 385. OVERSEAS AIRLIFT SERVICE ON CIVIL RESERVE AIR FLEET AIRCRAFT.
(a) In General.--Section 41106 of title 49, United States Code, is
amended--
(1) in subsection (a)(1), by striking ``of at least 31 days'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new subsections:
``(b) Transportation Between the United States and Foreign
Locations.--Except as provided in subsection (d), the transportation of
passengers or property by transport category aircraft between a place in
the United States and a place outside the United States obtained by the
Secretary of Defense or the Secretary of a military department through a
contract for airlift service shall be provided by an air carrier
referred to in subsection (a).
``(c) Transportation Between Foreign Locations.--The transportation
of passengers or property by transport category aircraft between two
places outside the United States obtained by the Secretary of Defense or
the Secretary of a military department through a contract for airlift
service shall be provided by an air carrier that has aircraft in the
civil reserve air fleet whenever transportation by such an air carrier
is reasonably available.''.
(b) Conforming Amendment.--Subsection (a) of such section is further
amended by striking `` General.--(1) Except as provided in subsection
(b) of this section,'' and inserting `` Interstate Transportation.--(1)
Except as provided in subsection (d) of this section,''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000.
SEC. 386. ADDITIONS TO PLAN FOR ENSURING VISIBILITY OVER ALL
IN-TRANSIT END ITEMS AND SECONDARY ITEMS.
(a) Required Additions.--Subsection (d) of section 349 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105 261; 112 Stat. 1981; 10 U.S.C. 2458 note) is amended--
(1) in paragraph (1), by inserting before the period at the end the
following: ``, including specific actions to address underlying
weaknesses in the controls over items being shipped''; and
(2) by adding at the end the following new paragraph:
``(5) The key management elements for monitoring, and for measuring
the progress achieved in, the implementation of the plan, including--
``(A) the assignment of oversight responsibility for each action
identified pursuant to paragraph (1);
``(B) a description of the resources required for oversight; and
``(C) an estimate of the annual cost of oversight.''.
(b) Conforming Amendments.--(1) Subsection (a) of such section is
amended by striking ``Not later than'' and 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 new subsection:
``(f) Submissions to Congress.--The Secretary shall submit to
Congress any revisions made to the plan that are required by any law
enacted after October 17, 1998. The revisions so made shall be submitted
not later than 180 days after the date of the enactment of the law
requiring the revisions.''.
(3) Subsection (e)(1) of such section is amended by striking
``submits the plan'' and inserting ``submits the initial plan''.
SEC. 387. REAUTHORIZATION OF PILOT PROGRAM FOR ACCEPTANCE AND
USE OF LANDING FEES CHARGED FOR USE OF DOMESTIC MILITARY AIRFIELDS BY
CIVIL AIRCRAFT.
(a) Reauthorization.--Section 377 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105 261; 112
Stat. 1993; 10 U.S.C. 113 note) is amended--
(1) in subsection (a)--
(A) by striking ``during fiscal years 1999 and 2000''; and
(B) by striking the second sentence; and
(2) by adding at the end the following new subsection:
``(e) Duration of Pilot Program.--The pilot program under this
section may not be carried out after September 30, 2010.''.
(b) Fees Collected.--Subsection (b) of such section is amended to
read as follows:
``(b) Landing Fee Defined.--In this section, the term `landing fee'
means any fee that is established under or in accordance with
regulations of the military department concerned (whether prescribed in
a fee schedule or imposed under a joint-use agreement) to recover costs
incurred for use by civil aircraft of an airfield of the military
department in the United States or in a territory or possession of the
United States.''.
(c) Use of Proceeds.--Subsection (c) of such section is amended by
striking ``Amounts received for a fiscal year in payment of landing fees
imposed under the pilot program for use of a military airfield'' and
inserting ``Amounts received in payment of landing fees for use of a
military airfield in a fiscal year of the pilot program''.
(d) Report.--Subsection (d) of such section is amended--
(1) by striking ``March 31, 2000,'' and inserting ``March 31,
2003,''; and
(2) by striking ``December 31, 1999'' and inserting ``December 31,
2002''.
SEC. 388. EXTENSION OF AUTHORITY TO SELL CERTAIN AIRCRAFT FOR
USE IN WILDFIRE SUPPRESSION.
Section 2 of the Wildfire Suppression Aircraft Transfer Act of 1996
(Public Law 104 307; 10 U.S.C. 2576 note) is amended--
(1) in subsection (a)(1), by striking ``September 30, 2000'' and
inserting ``September 30, 2005'';
(2) in subsection (d)(1)--
(A) by striking ``the date of the enactment of this Act'' and
inserting ``October 14, 1996''; and
(B) by adding at the end the following: ``The regulations prescribed
under this paragraph shall be effective until the end of the period
specified in subsection (a)(1).''; and
(3) in subsection (f), by striking ``March 31, 2000'' and inserting
``March 31, 2005''.
SEC. 389. DAMAGE TO AVIATION FACILITIES CAUSED BY ALKALI
SILICA REACTIVITY.
(a) Assessment of Damage and Prevention and Mitigation
Technology.--The Secretary of Defense shall require the Secretaries of
the military departments to assess--
(1) the damage caused to aviation facilities of the Armed Forces by
alkali silica reactivity; and
(2) the availability of technologies capable of preventing,
treating, or mitigating alkali silica reactivity in hardened concrete
structures and pavements.
(b) Evaluation of Technologies.--(1) Taking into consideration the
assessment under subsection (a), the Secretary of each military
department may conduct a demonstration project at a location selected by
the Secretary concerned to test and evaluate the effectiveness of
technologies intended to prevent, treat, or mitigate alkali silica
reactivity in hardened concrete structures and pavements.
(2) The Secretary of Defense shall ensure that the locations selected
for the demonstration projects represent the diverse operating
environments of the Armed Forces.
(c) New Construction.--The Secretary of Defense shall develop
specific guidelines for appropriate testing and use of lithium salts to
prevent alkali silica reactivity in new construction of the Department
of Defense.
(d) Completion of Assessment and Demonstration.--The assessment
conducted under subsection (a) and the demonstration projects, if any,
conducted under subsection (b) shall be completed not later than
September 30, 2006.
(e) Delegation of Authority.--The authority to conduct the assessment
under subsection (a) may be delegated only to the Chief of Engineers of
the Army, the Commander of the Naval Facilities Engineering Command, and
the Civil Engineer of the Air Force.
(f) Limitation on Expenditures.--The Secretary of Defense and the
Secretaries of the military departments may not expend more than a total
of $5,000,000 to conduct both the assessment under subsection (a) and
all of the demonstration projects under subsection (b).
SEC. 390. DEMONSTRATION PROJECT TO INCREASE RESERVE COMPONENT
INTERNET ACCESS AND SERVICES IN RURAL COMMUNITIES.
(a) Authorization and Purpose of Project.--The Secretary of the Army,
acting through the Chief of the National Guard Bureau, may carry out a
demonstration project in rural communities that are unserved or
underserved by the telecommunications medium known as the Internet to
provide or increase Internet access and services to units and members of
the National Guard and other reserve components located in these
communities.
(b) Project Elements.--In carrying out the demonstration project, the
Secretary may--
(1) establish and operate distance learning classrooms in
communities described in subsection (a), including any support systems
required for such classrooms; and
(2) provide Internet access and services in such classrooms through
GuardNet, the telecommunications infrastructure of the National Guard.
(c) Report.--Not later than February 1, 2005, the Secretary shall
submit to Congress a report on the demonstration project. The report
shall describe the activities conducted under the demonstration project
and include any recommendations for the improvement or expansion of the
demonstration project that the Secretary considers appropriate.
SEC. 391. ADDITIONAL CONDITIONS ON IMPLEMENTATION OF DEFENSE
JOINT ACCOUNTING SYSTEM.
(a) Report on Deployment of System.--The proposed Defense Joint
Accounting System is not prohibited, but the Secretary of Defense may
not grant a Milestone III decision for the system unless and until the
Secretary of Defense submits to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report--
(1) explaining the reasons for the withdrawal of the Department of
the Air Force from the proposed Defense Joint Accounting System and the
effect of the withdrawal on the development of the system;
(2) explaining the reasons why the Department of the Navy is not
required to participate in the system;
(3) identifying business process reengineering initiatives reviewed,
considered, or undertaken by the Department of the Air Force and the
Department of the Navy before the decisions were made to exclude the
Department of the Navy from the system and to allow the Department of
the Air Force to withdraw from the system; and
(4) containing an analysis, prepared with the participation of the
Secretaries of the military departments, of alternatives to the system
to determine whether the system warrants deployment.
(b) Certification.--If the Secretary of Defense determines that the
proposed Defense Joint Accounting System warrants a Milestone III
decision, the Secretary shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives a certification that the system will meet--
(1) the required functionality for users of the system;
(2) Department of Defense acquisition standards;
(3) the applicable requirements for Milestones I, II and III; and
(4) the applicable requirements of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104 106).
SEC. 392. REPORT ON DEFENSE TRAVEL SYSTEM.
(a) Requirement for Report.--Not later than November 30, 2000, the
Secretary of Defense shall submit to the congressional defense
committees a report on the Defense Travel System.
(b) Content of Report.--The report shall include the following:
(1) A detailed discussion of the development, testing, and fielding
of the system, including the performance requirements, the evaluation
criteria, the funding that has been provided for the development,
testing, and fielding of the system, and the funding that is projected
to be required for completing the development, testing, and fielding of
the system.
(2) The schedule for the testing of the system, including the
initial operational test and evaluation and the 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.
SEC. 393. REVIEW OF DEPARTMENT OF DEFENSE COSTS OF MAINTAINING
HISTORICAL PROPERTIES.
(a) Requirement for Review.--The Comptroller General shall conduct a
review of the annual costs incurred by the Department of Defense to
comply with the requirements of the National Historic Preservation Act
(16 U.S.C. 470 et seq.).
(b) Report.--Not later than February 28, 2001, the Comptroller
General shall submit to the congressional defense committees a report on
the results of the review. The report shall contain the following:
(1) For each military department and Defense Agency and for the
Department of Defense in the aggregate, the cost for fiscal year 2000
and the projected costs for the ensuing 10 fiscal years to comply with
the requirements of the National Historic Preservation Act.
(2) Of the costs referred to in paragraph (1), the portion of such
costs related to maintenance of those properties that qualified as
historic properties under the National Historic Preservation Act when
such Act was originally enacted in 1966.
(3) The accounts used for paying the costs of complying with the
requirements of the National Historic Preservation Act.
(4) For each military department and Defense Agency, the identity of
all properties that must be maintained in order to comply with the
requirements of the National Historic Preservation Act.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
SUBTITLE A--ACTIVE FORCES
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Adjustment to end strength flexibility authority.
SUBTITLE B--RESERVE FORCES
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of
the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2001 limitation on non-dual status technicians.
Sec. 415. Increase in numbers of members in certain grades
authorized to be on active duty in support of the Reserves.
SUBTITLE C--OTHER MATTERS RELATING TO PERSONNEL STRENGTHS
Sec. 421. Authority for Secretary of Defense to suspend certain
personnel strength limitations during war or national emergency.
Sec. 422. Exclusion from active component end strengths of certain
reserve component members on active duty in support of the combatant
commands.
Sec. 423. Exclusion of Army and Air Force medical and dental
officers from limitation on strengths of reserve commissioned officers
in grades below brigadier general.
Sec. 424. Authority for temporary increases in number of reserve
component personnel serving on active duty or full-time national guard
duty in certain grades.
SUBTITLE D--AUTHORIZATION OF APPROPRIATIONS
Sec. 431. Authorization of appropriations for military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2001, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,642.
(3) The Marine Corps, 172,600.
(4) The Air Force, 357,000.
SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.
(a) Revised End Strength Floors.--Section 691(b) of title 10, United
States Code, is amended--
(1) in paragraph (2), by striking ``371,781'' and inserting
``372,000'';
(2) in paragraph (3), by striking ``172,148'' and inserting
``172,600''; and
(3) in paragraph (4), by striking ``360,877'' and inserting
``357,000''.
(b) Effective Date.--The amendments made by subsection (a) shall take
effect on October 1, 2000.
SEC. 403. ADJUSTMENT TO END STRENGTH FLEXIBILITY AUTHORITY.
Section 691(e) of title 10, United States Code, is amended by
inserting ``or greater than'' after ``identical to''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
2001, as follows:
(1) The Army National Guard of the United States, 350,526.
(2) The Army Reserve, 205,300.
(3) The Naval Reserve, 88,900.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States, 108,022.
(6) The Air Force Reserve, 74,358.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by subsection (a) for
the Selected Reserve of any reserve component shall be proportionately
reduced by--
(1) the total authorized strength of units organized to serve as
units of the Selected Reserve of such component which are on active duty
(other than for training) at the end of the fiscal year; and
(2) the total number of individual members not in units organized to
serve as units of the Selected Reserve of such component who are on
active duty (other than for training or for unsatisfactory participation
in training) without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from
active duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT
OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2001,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 22,974.
(2) The Army Reserve, 13,106.
(3) The Naval Reserve, 14,649.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,170.
(6) The Air Force Reserve, 1,336.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2001 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army National Guard of the United States, 23,128.
(2) For the Army Reserve, 5,921.
(3) For the Air National Guard of the United States, 22,247.
(4) For the Air Force Reserve, 9,785.
SEC. 414. FISCAL YEAR 2001 LIMITATION ON NON-DUAL STATUS TECHNICIANS.
(a) Limitation.--The number of non-dual status technicians employed
by the reserve components of the Army and the Air Force as of September
30, 2001, may not exceed the following:
(1) For the Army Reserve, 1,195.
(2) For the Army National Guard of the United States, 1,600.
(3) For the Air Force Reserve, 10.
(4) For the Air National Guard of the United States, 326.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
(c) Postponement of Permanent Limitation.--Section 10217(c)(2) of
title 10, United States Code, is amended by striking ``October 1, 2001''
and inserting ``October 1, 2002''.
SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES
AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Officers.--The table in section 12011(a) of title 10, United
States Code, is amended to read as follows:
Army Navy Air Force Marine Corps
Major or Lieutenant Commander 3,316 1,071 948 14012
Lieutenant Colonel or Commander 1,759 520 852 9012
Colonel or Navy Captain 529 188 317 30''.
(b) Senior Enlisted Members.--The table in section 12012(a) of such
title is amended to read as follows:
Army Navy Air Force Marine Corps
9 764 202 502 2012
8 2,821 429 1,117 94''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000.
(d) Report.--(1) Not later than March 31, 2001, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
management of the grade structure for reserve-component officers who are
subject to section 12011 of title 10, United States Code, and on the
grade structure of enlisted members who are subject to section 12012 of
that title. The Secretary of Defense shall include in the report
recommendations for a permanent solution for managing the grade
structures for those officers and enlisted members without requirement
for frequent statutory adjustments to the limitations in those sections.
(2) In developing recommendations for the report under paragraph (1),
the Secretary shall consider the following areas:
(A) The grade structure authorized for field-grade officers in the
active-duty forces and the reasons why the grade structure for
field-grade reserve officers on active duty in support of the reserves
is different.
(B) The grade structure authorized for senior enlisted members in
the active-duty forces and the reasons why the grade structure for
senior enlisted reserve members on active duty in support of the
reserves is different.
(C) The need for independent grade limits for each reserve component
under sections 12011 and 12012 of title 10, United States Code.
(D) The advantages and disadvantage of replacing management by the
current grade tables in those sections with management through a system
based on the grade authorized for the position occupied by the member.
(E) The current mix within each reserve component, for each
controlled grade, of (i) traditional reservists, (ii) military
technicians, (iii) regular component members, and (iv) reserve members
on active duty in support of the reserves, and how that mix, for each
component, would shift over time under the Secretary's recommended
solution as specified in paragraph (1).
Subtitle C--Other Matters Relating to Personnel Strengths
SEC. 421. AUTHORITY FOR SECRETARY OF DEFENSE TO SUSPEND
CERTAIN PERSONNEL STRENGTH LIMITATIONS DURING WAR OR NATIONAL EMERGENCY.
(a) Senior Enlisted Members on Active Duty.--Section 517 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(c) Whenever under section 527 of this title the President may
suspend the operation of any provision of section 523, 525, or 526 of
this title, the Secretary of Defense may suspend the operation of any
provision of this section. Any such suspension shall, if not sooner
ended, end in the manner specified in section 527 for a suspension under
that section.''.
(b) Field Grade Reserve Component Officers.--Section 12011 of such
title is amended by adding at the end the following new subsection:
``(c) Whenever under section 527 of this title the President may
suspend the operation of any provision of section 523, 525, or 526 of
this title, the Secretary of Defense may suspend the operation of any
provision of this section. Any such suspension shall, if not sooner
ended, end in the manner specified in section 527 for a suspension under
that section.''.
(c) Senior Enlisted Member in Reserve Components.--Section 12012 of
such title is amended by adding at the end the following new subsection:
``(c) Whenever under section 527 of this title the President may
suspend the operation of any provision of section 523, 525, or 526 of
this title, the Secretary of Defense may suspend the operation of any
provision of this section. Any such suspension shall, if not sooner
ended, end in the manner specified in section 527 for a suspension under
that section.''.
SEC. 422. EXCLUSION FROM ACTIVE COMPONENT END STRENGTHS OF
CERTAIN RESERVE COMPONENT MEMBERS ON ACTIVE DUTY IN SUPPORT OF THE
COMBATANT COMMANDS.
Section 115(d) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(9) Members of reserve components (not described in paragraph (8))
on active duty for more than 180 days but less than 271 days to perform
special work in support of the combatant commands, except that--
``(A) general and flag officers may not be excluded under this
paragraph; and
``(B) the number of members of any of the armed forces excluded
under this paragraph may not exceed the number equal to 0.2 percent of
the end strength authorized for active-duty personnel of that armed
force under subsection (a)(1)(A).''.
SEC. 423. EXCLUSION OF ARMY AND AIR FORCE MEDICAL AND DENTAL
OFFICERS FROM LIMITATION ON STRENGTHS OF RESERVE COMMISSIONED OFFICERS
IN GRADES BELOW BRIGADIER GENERAL.
Section 12005(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Medical officers and dental officers shall not be counted for
the purposes of this subsection.''.
SEC. 424. AUTHORITY FOR TEMPORARY INCREASES IN NUMBER OF
RESERVE COMPONENT PERSONNEL SERVING ON ACTIVE DUTY OR FULL-TIME NATIONAL
GUARD DUTY IN CERTAIN GRADES.
(a) Field Grade Officers.--Section 12011 of title 10, United States
Code, as amended by section 421(b), is amended by adding at the end the
following new subsection:
``(d) Upon increasing under subsection (c)(2) of section 115 of this
title the end strength that is authorized under subsection (a)(1)(B) of
that section for a fiscal year for active-duty personnel and full-time
National Guard duty personnel of an armed force who are to be paid from
funds appropriated for reserve personnel, the Secretary of Defense may
increase for that fiscal year the limitation that is set forth in
subsection (a) of this section for the number of officers of that armed
force serving in any grade if the Secretary determines that such action
is in the national interest. The percent of the increase may not exceed
the percent by which the Secretary increases that end strength.''.
(b) Senior Enlisted Personnel.--Section 12012 of such title, as
amended by section 421(c), is amended by adding at the end the following
new subsection:
``(d) Upon increasing under subsection (c)(2) of section 115 of this
title the end strength that is authorized under subsection (a)(1)(B) of
that section for a fiscal year for active-duty personnel and full-time
National Guard duty personnel of an armed force who are to be paid from
funds appropriated for reserve personnel, the Secretary of Defense may
increase for that fiscal year the limitation that is set forth in
subsection (a) of this section for the number of enlisted members of
that armed force serving in any grade if the Secretary determines that
such action is in the national interest. The percent of the increase may
not exceed the percent by which the Secretary increases that end
strength.''.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2001 a total of
$75,801,666,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2001.
TITLE V--MILITARY PERSONNEL POLICY
SUBTITLE A--OFFICER PERSONNEL POLICY
Sec. 501. Eligibility of Army and Air Force Reserve colonels and
brigadier generals for position vacancy promotions.
Sec. 502. Flexibility in establishing promotion zones for Coast
Guard Reserve officers.
Sec. 503. Time for release of reports of officer promotion
selection boards.
Sec. 504. Clarification of requirements for composition of
active-duty list selection boards when reserve officers are under
consideration.
Sec. 505. Authority to issue posthumous commissions in the case of
members dying before official recommendation for appointment or
promotion is approved by Secretary concerned.
Sec. 506. Technical corrections relating to retired grade of
reserve commissioned officers.
Sec. 507. Grade of chiefs of reserve components and directors of
National Guard components.
Sec. 508. Revision to rules for entitlement to separation pay for
regular and reserve officers.
SUBTITLE B--RESERVE COMPONENT PERSONNEL POLICY
Sec. 521. Exemption from active-duty list for reserve officers on
active duty for a period of three years or less.
Sec. 522. Termination of application requirement for consideration
of officers for continuation on the reserve active-status list.
Sec. 523. Authority to retain Air Force Reserve officers in all
medical specialties until specified age.
Sec. 524. Authority for provision of legal services to reserve
component members following release from active duty.
Sec. 525. Extension of involuntary civil service retirement date
for certain reserve technicians.
SUBTITLE C--EDUCATION AND TRAINING
Sec. 531. Eligibility of children of Reserves for Presidential
appointment to service academies.
Sec. 532. Selection of foreign students to receive instruction at
service academies.
Sec. 533. Revision of college tuition assistance program for
members of Marine Corps Platoon Leaders Class program.
Sec. 534. Review of allocation of Junior Reserve Officers Training
Corps units among the services.
Sec. 535. Authority for Naval Postgraduate School to enroll
certain defense industry civilians in specified programs relating to
defense product development.
SUBTITLE D--DECORATIONS, AWARDS, AND COMMENDATIONS
Sec. 541. Limitation on award of Bronze Star to members in receipt
of imminent danger pay.
Sec. 542. Consideration of proposals for posthumous or honorary
promotions or appointments of members or former members of the Armed
Forces and other qualified persons.
Sec. 543. Waiver of time limitations for award of certain
decorations to certain persons.
Sec. 544. Addition of certain information to markers on graves
containing remains of certain unknowns from the U.S.S. Arizona who died
in the Japanese attack on Pearl Harbor on December 7, 1941.
Sec. 545. Sense of Congress on the court-martial conviction of
Captain Charles Butler McVay, Commander of the U.S.S. Indianapolis, and
on the courageous service of the crew of that vessel.
Sec. 546. Posthumous advancement on retired list of Rear Admiral
Husband E. Kimmel and Major General Walter C. Short, senior officers in
command in Hawaii on December 7, 1941.
Sec. 547. Commendation of citizens of Remy, France, for World War
II actions.
Sec. 548. Authority for Award of the Medal of Honor to William H.
Pitsenbarger for valor during the Vietnam War.
SUBTITLE E--MILITARY JUSTICE AND LEGAL ASSISTANCE MATTERS
Sec. 551. Recognition by States of military testamentary instruments.
Sec. 552. Policy concerning rights of individuals whose names have
been entered into Department of Defense official criminal investigative
reports.
Sec. 553. Limitation on Secretarial authority to grant clemency
for military prisoners serving sentence of confinement for life without
eligibility for parole.
Sec. 554. Authority for civilian special agents of military
department criminal investigative organizations to execute warrants and
make arrests.
Sec. 555. Requirement for verbatim record in certain special
court-martial cases.
Sec. 556. Commemoration of the 50th anniversary of the Uniform
Code of Military Justice.
SUBTITLE F--MATTERS RELATING TO RECRUITING
Sec. 561. Army recruiting pilot programs.
Sec. 562. Enhancement of recruitment market research and
advertising programs.
Sec. 563. Access to secondary schools for military recruiting purposes.
Sec. 564. Pilot program to enhance military recruiting by
improving military awareness of school counselors and educators.
SUBTITLE G--OTHER MATTERS
Sec. 571. Extension to end of calendar year of expiration date for
certain force drawdown transition authorities.
Sec. 572. Voluntary separation incentive.
Sec. 573. Congressional review period for assignment of women to
duty on submarines and for any proposed reconfiguration or design of
submarines to accommodate female crew members.
Sec. 574. Management and per diem requirements for members subject
to lengthy or numerous deployments.
Sec. 575. Pay in lieu of allowance for funeral honors duty.
Sec. 576. Test of ability of reserve component intelligence units
and personnel to meet current and emerging defense intelligence needs.
Sec. 577. National Guard Challenge Program.
Sec. 578. Study of use of civilian contractor pilots for
operational support missions.
Sec. 579. Reimbursement for expenses incurred by members in
connection with cancellation of leave on short notice.
Subtitle A--Officer Personnel Policy
SEC. 501. ELIGIBILITY OF ARMY AND AIR FORCE RESERVE COLONELS
AND BRIGADIER GENERALS FOR POSITION VACANCY PROMOTIONS.
Section 14315(b) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting after ``(A) is assigned to the
duties of a general officer of the next higher reserve grade in the Army
Reserve'' the following: ``or is recommended for such an assignment
under regulations prescribed by the Secretary of the Army''; and
(2) in paragraph (2), by inserting after ``(A) is assigned to the
duties of a general officer of the next higher reserve grade'' the
following: ``or is recommended for such an assignment under regulations
prescribed by the Secretary of the Air Force''.
SEC. 502. FLEXIBILITY IN ESTABLISHING PROMOTION ZONES FOR
COAST GUARD RESERVE OFFICERS.
(a) Coast Guard Reserve Officer Promotion System Based on DOD ROPMA
System.--Section 729(d) of title 14, United States Code, is amended to
read as follows:
``(d)(1) Before convening a selection board to recommend Reserve
officers for promotion, the Secretary shall establish a promotion zone
for officers serving in each grade to be considered by the board. The
Secretary shall determine the number of officers in the promotion zone
for officers serving in any grade from among officers who are eligible
for promotion in that grade.
``(2)(A) Before convening a selection board to recommend Reserve
officers for promotion to a grade (other than the grade of lieutenant
(junior grade)), the Secretary shall determine the maximum number of
officers in that grade that the board may recommend for promotion.
``(B) The Secretary shall make the determination under subparagraph
(A) of the maximum number that may be recommended with a view to having
in an active status a sufficient number of Reserve officers in each
grade to meet the needs of the Coast Guard for Reserve officers in an
active status.
``(C) In order to make the determination under subparagraph (B), the
Secretary shall determine the following:
``(i) The number of positions needed to accomplish mission
objectives that require officers in the grade to which the board will
recommend officers for promotion.
``(ii) The estimated number of officers needed to fill vacancies in
such positions during the period in which it is anticipated that
officers selected for promotion will be promoted.
``(iii) The number of officers authorized by the Secretary to serve
in an active status in the grade under consideration.
``(iv) Any statutory limitation on the number of officers in any
grade authorized to be in an active status.
``(3)(A) The Secretary may, when the needs of the Coast Guard
require, authorize the consideration of officers in a grade above
lieutenant (junior grade) for promotion to the next higher grade from
below the promotion zone.
``(B) When selection from below the promotion zone is authorized, the
Secretary shall establish the number of officers that may be recommended
for promotion from below the promotion zone. That number may not exceed
the number equal to 10 percent of the maximum number of officers that
the board is authorized to recommend for promotion, except that the
Secretary may authorize a greater number, not to exceed 15 percent of
the total number of officers that the board is authorized to recommend
for promotion, if the Secretary determines that the needs of the Coast
Guard so require. If the maximum number determined under this
subparagraph is less than one, the board may recommend one officer for
promotion from below the promotion zone.
``(C) The number of officers recommended for promotion from below the
promotion zone does not increase the maximum number of officers that the
board is authorized to recommend for promotion under paragraph (2).''.
(b) Running Mate System Made Optional.--(1) Section 731 of such title
is amended--
(A) by designating the text of such section as subsection (b);
(B) by inserting after the section heading the following:
``(a) Authority To Use Running Mate System.--The Secretary may by
regulation implement section 729(d)(1) of this title by requiring that
the promotion zone for consideration of Reserve officers in an active
status for promotion to the next higher grade be determined in
accordance with a running mate system as provided in subsection (b).'';
(C) in subsection (b), as designated by subparagraph (A), by
striking ``Subject to the eligibility requirements of this subchapter, a
Reserve officer shall'' and inserting the following: `` Consideration
for Promotion.--If promotion zones are determined as authorized under
subsection (a), a Reserve officer shall, subject to the eligibility
requirements of this subchapter,''; and
(D) by adding at the end the following:
``(c) Consideration of Officers Below the Zone.--If the Secretary
authorizes the selection of officers for promotion from below the
promotion zone in accordance with section 729(d)(3) of this title, the
number of officers to be considered from below the zone may be
established through the application of the running mate system under
this subchapter or otherwise as the Secretary determines to be
appropriate to meet the needs of the Coast Guard.''.
(2)(A) The heading for such section is amended to read as follows:
``731. Establishment of promotion zones under running mate system''.
(B) The item relating to such section in the table of sections at the
beginning of chapter 21 of such title is amended to read as follows:
``731. Establishment of promotion zones under running mate system.''.
(c) Effective Date.--The amendments made by this section shall apply
with respect to selection boards convened under section 730 of title 14,
United States Code, on or after the date of the enactment of this Act.
SEC. 503. TIME FOR RELEASE OF REPORTS OF OFFICER PROMOTION
SELECTION BOARDS.
(a) Active-Duty List Officer Boards.--Section 618(e) of title 10,
United States Code, is amended to read as follows:
``(e)(1) The names of the officers recommended for promotion in the
report of a selection board shall be disseminated to the armed force
concerned as follows:
``(A) In the case of officers recommended for promotion to a grade
below brigadier general or rear admiral (lower half), such names may be
disseminated upon, or at any time after, the transmittal of the report
to the President.
``(B) In the case of officers recommended for promotion to a grade
above colonel or, in the case of the Navy, captain, such names may be
disseminated upon, or at any time after, the approval of the report by
the President.
``(C) In the case of officers whose names have not been sooner
disseminated, such names shall be promptly disseminated upon
confirmation by the Senate.
``(2) A list of names of officers disseminated under paragraph (1)
may not include--
``(A) any name removed by the President from the report of the
selection board containing that name, if dissemination is under the
authority of subparagraph (B) of such paragraph; or
``(B) the name of any officer whose promotion the Senate failed to
confirm, if dissemination is under the authority of subparagraph (C) of
such paragraph.''.
(b) Reserve Active-Status List Officer Boards.--The text of section
14112 of title 10, United States Code, is amended to read as follows:
``(a) Time for Dissemination.--The names of the officers recommended
for promotion in the report of a selection board shall be disseminated
to the armed force concerned as follows:
``(1) In the case of officers recommended for promotion to a grade
below brigadier general or rear admiral (lower half), such names may be
disseminated upon, or at any time after, the transmittal of the report
to the President.
``(2) In the case of officers recommended for promotion to a grade
above colonel or, in the case of the Navy, captain, such names may be
disseminated upon, or at any time after, the approval of the report by
the President.
``(3) In the case of officers whose names have not been sooner
disseminated, such names shall be promptly disseminated--
``(A) upon confirmation of the promotion of the officers by the
Senate (in the case of promotions required to be submitted to the Senate
for confirmation); or
``(B) upon the approval of the report by the President (in the case
of promotions not required to be submitted to the Senate for
confirmation).
``(b) Names Not Disseminated.--A list of names of officers
disseminated under subsection (a) may not include--
``(1) any name removed by the President from the report of the
selection board containing that name, if dissemination is under the
authority of paragraph (2) or (3)(B) of that subsection; or
``(2) the name of any officer whose promotion the Senate failed to
confirm, if dissemination is under the authority of paragraph (3)(A) of
that subsection.''.
SEC. 504. CLARIFICATION OF REQUIREMENTS FOR COMPOSITION OF
ACTIVE-DUTY LIST SELECTION BOARDS WHEN RESERVE OFFICERS ARE UNDER
CONSIDERATION.
(a) Clarification.--Section 612(a) of title 10, United States Code,
is amended--
(1) in paragraph (1)--
(A) by striking ``who are on the active-duty list'' in the second
sentence; and
(B) by inserting after the second sentence the following new
sentence: ``Each member of a selection board (except as provided in
paragraphs (2), (3), and (4)) shall be an officer on the active-duty
list.''; and
(2) in paragraph (3)--
(A) by striking ``of that armed force, with the exact number of
reserve officers to be'' and inserting ``of that armed force on active
duty (whether or not on the active-duty list). The actual number of
reserve officers shall be''; and
(B) by striking ``his discretion, except that'' and inserting ``the
Secretary's discretion. Notwithstanding the first sentence of this
paragraph,''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to any selection board convened under section 611(a) of title 10,
United States Code, on or after August 1, 1981.
SEC. 505. AUTHORITY TO ISSUE POSTHUMOUS COMMISSIONS IN THE
CASE OF MEMBERS DYING BEFORE OFFICIAL RECOMMENDATION FOR APPOINTMENT OR
PROMOTION IS APPROVED BY SECRETARY CONCERNED.
(a) Repeal of Limitation to Deaths Occurring After Secretarial
Approval.--Subsection (a)(3) of section 1521 of title 10, United States
Code, is amended by striking ``and the recommendation for whose
appointment or promotion was approved by the Secretary concerned''.
(b) Effective Date of Commission.--Subsection (b) of such section is
amended by striking ``approval'' both places it appears and inserting
``official recommendation''.
SEC. 506. TECHNICAL CORRECTIONS RELATING TO RETIRED GRADE OF
RESERVE COMMISSIONED OFFICERS.
(a) Army.--Section 3961(a) of title 10, United States Code, is
amended by striking ``or for nonregular service under chapter 1223 of
this title''.
(b) Air Force.--Section 8961(a) of title 10, United States Code, is
amended by striking ``or for nonregular service under chapter 1223 of
this title''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to Reserve commissioned officers who are promoted to a
higher grade as a result of selection for promotion by a board convened
under chapter 36 or 1403 of title 10, United States Code, or having been
found qualified for Federal recognition in a higher grade under chapter
3 of title 32, United States Code, after October 1, 1996.
SEC. 507. GRADE OF CHIEFS OF RESERVE COMPONENTS AND DIRECTORS
OF NATIONAL GUARD COMPONENTS.
(a) Chief of Army Reserve.--Subsections (b) and (c) of section 3038
of title 10, United States Code, are amended to read as follows:
``(b) Appointment.--(1) The President, by and with the advice and
consent of the Senate, shall appoint the Chief of Army Reserve from
general officers of the Army Reserve who have had at least 10 years of
commissioned service in the Army Reserve.
``(2) The Secretary of Defense may not recommend an officer to the
President for appointment as Chief of Army Reserve unless the officer--
``(A) is recommended by the Secretary of the Army; and
``(B) is determined by the Chairman of the Joint Chiefs of Staff, in
accordance with criteria and as a result
of a process established by the Chairman, to have significant
joint duty experience.
``(3) An officer on active duty for service as the Chief of Army
Reserve shall be counted for purposes of the grade limitations under
sections 525 and 526 of this title.
``(4) Until October 1, 2003, the Secretary of Defense may waive
subparagraph (B) of paragraph (2) with respect to the appointment of an
officer as Chief of Army Reserve if the Secretary of the Army requests
the waiver and, in the judgment of the Secretary of Defense--
``(A) the officer is qualified for service in the position; and
``(B) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Chief of Army Reserve is
appointed for a period of four years, but may be removed for cause at
any time. An officer serving as Chief of Army Reserve may be reappointed
for one additional four-year period.
``(2) The Chief of Army Reserve, while so serving, holds the grade of
lieutenant general.''.
(b) Chief of Naval Reserve.--Subsections (b) and (c) of section 5143
of such title are amended to read as follows:
``(b) Appointment.--(1) The President, by and with the advice and
consent of the Senate, shall appoint the Chief of Naval Reserve from
flag officers of the Navy (as defined in section 5001(1)) who have had
at least 10 years of commissioned service.
``(2) The Secretary of Defense may not recommend an officer to the
President for appointment as Chief of Naval Reserve unless the officer--
``(A) is recommended by the Secretary of the Navy; and
``(B) is determined by the Chairman of the Joint Chiefs of Staff, in
accordance with criteria and as a result of a process established by the
Chairman, to have significant joint duty experience.
``(3) An officer on active duty for service as the Chief of Naval
Reserve shall be counted for purposes of the grade limitations under
sections 525 and 526 of this title.
``(4) Until October 1, 2003, the Secretary of Defense may waive
subparagraph (B) of paragraph (2) with respect to the appointment of an
officer as Chief of Naval Reserve if the Secretary of the Navy requests
the waiver and, in the judgment of the Secretary of Defense--
``(A) the officer is qualified for service in the position; and
``(B) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Chief of Naval Reserve is
appointed for a term determined by the Chief of Naval Operations,
normally four years, but may be removed for cause at any time. An
officer serving as Chief of Naval Reserve may be reappointed for one
additional term of up to four years.
``(2) The Chief of Naval Reserve, while so serving, holds the grade
of vice admiral.''.
(c) Commander, Marine Forces Reserve.--Subsections (b) and (c) of
section 5144 of such title are amended to read as follows:
``(b) Appointment.--(1) The President, by and with the advice and
consent of the Senate, shall appoint the Commander, Marine Forces
Reserve, from general officers of the Marine Corps (as defined in
section 5001(2)) who have had at least 10 years of commissioned service.
``(2) The Secretary of Defense may not recommend an officer to the
President for appointment as Commander, Marine Forces Reserve, unless
the officer--
``(A) is recommended by the Secretary of the Navy; and
``(B) is determined by the Chairman of the Joint Chiefs of Staff, in
accordance with criteria and as a result of a process established by the
Chairman, to have significant joint duty experience.
``(3) An officer on active duty for service as the Commander, Marine
Forces Reserve, shall be counted for purposes of the grade limitations
under sections 525 and 526 of this title.
``(4) Until October 1, 2003, the Secretary of Defense may waive
subparagraph (B) of paragraph (2) with respect to the appointment of an
officer as Commander, Marine Forces Reserve, if the Secretary of the
Navy requests the waiver and, in the judgment of the Secretary of
Defense--
``(A) the officer is qualified for service in the position; and
``(B) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Commander, Marine Forces
Reserve, is appointed for a term determined by the Commandant of the
Marine Corps, normally four years, but may be removed for cause at any
time. An officer serving as Commander, Marine Forces Reserve, may be
reappointed for one additional term of up to four years.
``(2) The Commander, Marine Forces Reserve, while so serving, holds
the grade of lieutenant general.''.
(d) Chief of Air Force Reserve.--Subsections (b) and (c) of section
8038 of such title are amended to read as follows:
``(b) Appointment.--(1) The President, by and with the advice and
consent of the Senate, shall appoint the Chief of Air Force Reserve from
general officers of the Air Force Reserve who have had at least 10 years
of commissioned service in the Air Force.
``(2) The Secretary of Defense may not recommend an officer to the
President for appointment as Chief of Air Force Reserve unless the
officer--
``(A) is recommended by the Secretary of the Air Force; and
``(B) is determined by the Chairman of the Joint Chiefs of Staff, in
accordance with criteria and as a result of a process established by the
Chairman, to have significant joint duty experience.
``(3) An officer on active duty for service as the Chief of Air Force
Reserve shall be counted for purposes of the grade limitations under
sections 525 and 526 of this title.
``(4) Until October 1, 2003, the Secretary of Defense may waive
subparagraph (B) of paragraph (2) with respect to the appointment of an
officer as Chief of Air Force Reserve if the Secretary of the Air Force
requests the waiver and, in the judgment of the Secretary of Defense--
``(A) the officer is qualified for service in the position; and
``(B) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Chief of Air Force Reserve
is appointed for a period of four years, but may be removed for cause at
any time. An officer serving as Chief of Air Force Reserve may be
reappointed for one additional four-year period.
``(2) The Chief of Air Force Reserve, while so serving, holds the
grade of lieutenant general.''.
(e) Directors in the National Guard Bureau.--Section 10506(a) of such
title is amended--
(1) in subparagraphs (A) and (B) of paragraph (1), by striking
``while so serving shall hold the grade of major general or, if
appointed to that position in accordance with section 12505(a)(2) of
this title, the grade of lieutenant general, and'' and inserting ``shall
be appointed in accordance with paragraph (3), shall hold the grade of
lieutenant general while so serving, and shall''; and
(2) by adding at the end the following new paragraph:
``(3)(A) The President, by and with the advice and consent of the
Senate, shall appoint the Director, Army National Guard, from general
officers of the Army National Guard of the United States and shall
appoint the Director, Air National Guard, from general officers of the
Air National Guard of the United States.
``(B) The Secretary of Defense may not recommend an officer to the
President for appointment as Director, Army National Guard, or as
Director, Air National Guard, unless the officer--
``(i) is recommended by the Secretary of the military department
concerned; and
``(ii) is determined by the Chairman of the Joint Chiefs of Staff,
in accordance with criteria and as a result of a process established by
the Chairman, to have significant joint duty experience.
``(C) An officer on active duty for service as the Director, Army
National Guard, or the Director, Air National Guard, shall be counted
for purposes of the grade limitations under sections 525 and 526 of this
title.
``(D) Until October 1, 2003, the Secretary of Defense may waive
clause (ii) of subparagraph (B) with respect to the appointment of an
officer as Director, Army National Guard, or as Director, Air National
Guard, if the Secretary of the military department concerned requests
the waiver and, in the judgment of the Secretary of Defense--
``(i) the officer is qualified for service in the position; and
``(ii) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.
``(E) The Director, Army National Guard, and the Director, Air
National Guard, are appointed for a period of four years, but may be
removed for cause at any time. An officer serving as either Director may
be reappointed for one additional four-year period.''.
(f) Repeal of Superseded Section.--(1) Section 12505 of such title is
repealed.
(2) The table of sections at the beginning of chapter 1213 is amended
by striking the item relating to section 12505.
(g) Conforming Increase in Authorized Number of O 9
Positions.--Section 525(b) of such title is amended--
(1) in paragraph (1)--
(A) by striking ``Army, Air Force, or Marine Corps'' in the first
sentence and inserting ``Army or Air Force'';
(B) by striking ``15 percent'' both places it appears and inserting
``15.7 percent'';
(C) by striking ``In the case of the Army and Air Force, of'' at the
beginning of the second sentence and inserting ``Of''; and
(D) by inserting ``of the Army or Air Force'' in the second sentence
after ``general officers''; and
(2) in paragraph (2)--
(A) by inserting ``(A)'' after ``(2)'';
(B) by striking ``15 percent'' both places it appears and inserting
``15.7 percent''; and
(C) by adding at the end the following:
``(B) No appointment may be made in a grade above major general in
the Marine Corps if that appointment would result in more than 16.2
percent of the general officers of the Marine Corps on active duty being
in grades above major general.''.
(h) Study of Increase in Grade for Vice Chief of National Guard
Bureau.--(1) The Secretary of Defense shall conduct a study of the
advisability of changing the grade authorized for the Vice Chief of the
National Guard Bureau from major general to lieutenant general.
(2) As part of the study, the Chief of the National Guard Bureau
shall submit to the Secretary of Defense an analysis of the functions
and responsibilities of the Vice Chief of the National Guard Bureau and
the Chief's recommendation as to whether the grade for the Vice Chief
should be changed from major general to lieutenant general.
(3) Not later than February 1, 2001, the Secretary shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on the study. The report shall include the
following--
(A) the recommendation of the Chief of the National Guard Bureau and
any other information provided by the Chief to the Secretary of Defense
pursuant to paragraph (2);
(B) the conclusions resulting from the study; and
(C) the Secretary's recommendations regarding whether the grade
authorized for the Vice Chief of the National Guard Bureau should be
changed to lieutenant general.
(i) Implementation.--(1) An appointment or reappointment, in the case
of the incumbent in a reserve component chief position, shall be made to
each of the reserve component chief positions not later than 12 months
after the date of the enactment of this Act, in accordance with the
amendments made by subsections (a) through (e).
(2) An officer serving in a reserve component chief position on the
date of the enactment of this Act may be reappointed to that position
under the amendments made by subsection (a) through (e), if eligible and
otherwise qualified in accordance with those amendments. If such an
officer is so reappointed, the appointment may be made for the remainder
of the officer's original term or for a full new term, as specified at
the time of the appointment.
(3) An officer serving on the date of the enactment of this Act in a
reserve component chief position may continue to serve in that position
in accordance with the provisions of law in effect immediately before
the amendments made by this section until a successor is appointed under
paragraph (1) (or that officer is reappointed under paragraph (1)).
(4) The amendments made by subsection (g) shall be implemented so
that each increase authorized by those amendments in the number of
officers in the grades of lieutenant general and vice admiral is
implemented on a case-by-case basis with an initial appointment made
after the date of the enactment of this Act, as specified in paragraph
(1), to a reserve component chief position.
(5) For purposes of this subsection, the term ``reserve component
chief position'' means a position specified in section 3038, 5143, 5144,
or 8038 of title 10, United States Code, or the position of Director,
Army National Guard or Director, Air National Guard under section
10506(a)(1) of such title.
SEC. 508. REVISION TO RULES FOR ENTITLEMENT TO SEPARATION PAY
FOR REGULAR AND RESERVE OFFICERS.
(a) Regular Officers.--Subsection (a) of section 1174 of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(4) Notwithstanding paragraphs (1) and (2), an officer who is
subject to discharge under any provision of chapter 36 of this title or
under section 580 or 6383 of this title by reason of having twice failed
of selection for promotion to the next higher grade is not entitled to
separation pay under this section if that officer, after such second
failure of selection for promotion, is selected for, and declines,
continuation on active duty for a period that is equal to or more than
the amount of service required to qualify the officer for retirement.''.
(b) Reserve Officers.--Subsection (c) of such section is amended by
adding at the end the following new paragraph:
``(4) In the case of an officer who is subject to discharge or
release from active duty under a law or regulation requiring that an
officer who has failed of selection for promotion to the next higher
grade for the second time be discharged or released from active duty and
who, after such second failure of selection for promotion, is selected
for, and declines, continuation on active duty--
``(A) if the period of time for which the officer was selected for
continuation on active duty is less than the amount of service that
would be required to qualify the officer for retirement, the officer's
discharge or release from active duty shall be considered to be
involuntary for purposes of paragraph (1)(A); and
``(B) if the period of time for which the officer was selected for
continuation on active duty is equal to or more than the amount of
service that would be required to qualify the officer for retirement,
the officer's discharge or release from active duty shall not be
considered to be involuntary for the purposes of paragraph (1)(A).''.
(c) Effective Date.--Paragraph (4) of section 1174(a) of title 10,
United States Code, as added by subsection (a), and paragraph (4) of
section 1174(c) of such title, as added by subsection (b), shall apply
with respect to any offer of selective continuation on active duty that
is declined on or after the date of the enactment of this Act.
Subtitle B--Reserve Component Personnel Policy
SEC. 521. EXEMPTION FROM ACTIVE-DUTY LIST FOR RESERVE OFFICERS
ON ACTIVE DUTY FOR A PERIOD OF THREE YEARS OR LESS.
Section 641(1) of title 10, United States Code, is amended--
(1) by redesignating subparagraphs (D) through (G) as subparagraphs
(E) through (H), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) on the reserve active-status list who are on active duty under
section 12301(d) of this title, other than as provided in subparagraph
(C), under a call or order to active duty specifying a period of three
years or less;''.
SEC. 522. TERMINATION OF APPLICATION REQUIREMENT FOR
CONSIDERATION OF OFFICERS FOR CONTINUATION ON THE RESERVE ACTIVE-STATUS
LIST.
Section 14701(a)(1) of title 10, United States Code, is amended by
striking ``Upon application, a reserve officer'' and inserting ``A
reserve officer''.
SEC. 523. AUTHORITY TO RETAIN AIR FORCE RESERVE OFFICERS IN
ALL MEDICAL SPECIALTIES UNTIL SPECIFIED AGE.
Section 14703(a)(3) of title 10, United States Code, is amended by
striking ``veterinary officer'' and all that follows through the period
and inserting ``Air Force nurse, Medical Service Corps officer,
biomedical sciences officer, or chaplain.''.
SEC. 524. AUTHORITY FOR PROVISION OF LEGAL SERVICES TO RESERVE
COMPONENT MEMBERS FOLLOWING RELEASE FROM ACTIVE DUTY.
(a) Legal Services.--Section 1044(a) of title 10, United States Code,
is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new paragraph (4):
``(4) Members of reserve components not covered by paragraph (1) or
(2) following release from active duty under a call or order to active
duty for more than 30 days issued under a mobilization authority (as
determined by the Secretary of Defense), for a period of time,
prescribed by the Secretary of Defense, that begins on the date of the
release and is not less than twice the length of the period served on
active duty under that call or order to active duty.''.
(b) Dependents.--Paragraph (5) of such section, as redesignated by
subsection (a)(1), is amended by striking ``and (3)'' and inserting
``(3), and (4)''.
(c) Implementing Regulations.--Regulations to implement the
amendments made by this section shall be prescribed not later than 180
days after the date of the enactment of this Act.
SEC. 525. EXTENSION OF INVOLUNTARY CIVIL SERVICE RETIREMENT
DATE FOR CERTAIN RESERVE TECHNICIANS.
(a) Mandatory Retirement Not Applicable Until Age 60.--Section 10218
of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``and is age 60 or older at that time'' after
``unreduced annuity'' in paragraph (2);
(B) by inserting ``or is under age 60 at that time'' after
``unreduced annuity'' in paragraph (3)(A); and
(C) by inserting ``and becoming 60 years of age'' after ``unreduced
annuity'' in paragraph (3)(B)(ii)(I); and
(2) in subsection (b)--
(A) by inserting ``and is age 60 or older'' after ``unreduced
annuity'' in paragraph (1);
(B) by inserting ``or is under age 60'' after ``unreduced annuity''
in paragraph (2)(A); and
(C) by inserting ``and becoming 60 years of age'' after ``unreduced
annuity'' in paragraph (2)(B)(ii)(I).
(b) Transition Provision.--(1) An individual who before the date of
the enactment of this Act was involuntarily separated or retired from
employment as an Army Reserve or Air Force Reserve technician under
section 10218 of title 10, United States Code, and who would not have
been so separated if the provisions of subsection (c) of that section,
as amended by subsection (a), had been in effect at the time of such
separation may, with the approval of the Secretary concerned, be
reinstated to the technician status held by that individual immediately
before that separation. The effective date of any such reinstatement is
the date the employee resumes technician status.
(2) The authority under paragraph (1) applies only to reinstatement
for which an application is received by the Secretary concerned before
the end of the one-year period beginning on the date of the enactment of
this Act.
Subtitle C--Education and Training
SEC. 531. ELIGIBILITY OF CHILDREN OF RESERVES FOR PRESIDENTIAL
APPOINTMENT TO SERVICE ACADEMIES.
(a) United States Military Academy.--Section 4342(b)(1) of title 10,
United States Code, is amended--
(1) in subparagraph (B), by striking ``, other than those granted
retired pay under section 12731 of this title (or under section 1331 of
this title as in effect before the effective date of the Reserve Officer
Personnel Management Act)''; and
(2) by inserting after subparagraph (B) the following:
``(C) are serving as members of reserve components and are credited
with at least eight years of service computed under section 12733 of
this title; or
``(D) would be, or who died while they would have been, entitled to
retired pay under chapter 1223 of this title except for not having
attained 60 years of age;''.
(b) United States Naval Academy.--Section 6954(b)(1) of such title is
amended--
(1) in subparagraph (B), by striking ``, other than those granted
retired pay under section 12731 of this title (or under section 1331 of
this title as in effect before the effective date of the Reserve Officer
Personnel Management Act)''; and
(2) by inserting after subparagraph (B) the following:
``(C) are serving as members of reserve components and are credited
with at least eight years of service computed under section 12733 of
this title; or
``(D) would be, or who died while they would have been, entitled to
retired pay under chapter 1223 of this title except for not having
attained 60 years of age;''.
(c) United States Air Force Academy.--Section 9342(b)(1) of such
title is amended--
(1) in subparagraph (B), by striking ``, other than those granted
retired pay under section 12731 of this title (or under section 1331 of
this title as in effect before the effective date of the Reserve Officer
Personnel Management Act)''; and
(2) by inserting after subparagraph (B) the following:
``(C) are serving as members of reserve components and are credited
with at least eight years of service computed under section 12733 of
this title; or
``(D) would be, or who died while they would have been, entitled to
retired pay under chapter 1223 of this title except for not having
attained 60 years of age;''.
SEC. 532. SELECTION OF FOREIGN STUDENTS TO RECEIVE INSTRUCTION
AT SERVICE ACADEMIES.
(a) United States Military Academy.--Section 4344(a) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(3) In selecting persons to receive instruction under this section
from among applicants from the countries approved under paragraph (2),
the Secretary of the Army shall give a priority to persons who have a
national service obligation to their countries upon graduation from the
Academy.''.
(b) United States Naval Academy.--Section 6957(a) of such title is
amended by adding at the end the following new paragraph:
``(3) In selecting persons to receive instruction under this section
from among applicants from the countries approved under paragraph (2),
the Secretary of the Navy shall give a priority to persons who have a
national service obligation to their countries upon graduation from the
Academy.''.
(c) United States Air Force Academy.--Section 9344(a) of such title
is amended by adding at the end the following new paragraph:
``(3) In selecting persons to receive instruction under this section
from among applicants from the countries approved under paragraph (2),
the Secretary of the Air Force shall give a priority to persons who have
a national service obligation to their countries upon graduation from
the Academy.''.
(d) Applicability.--The amendments made by this section shall apply
with respect to academic years that begin after October 1, 2000.
SEC. 533. REVISION OF COLLEGE TUITION ASSISTANCE PROGRAM FOR
MEMBERS OF MARINE CORPS PLATOON LEADERS CLASS PROGRAM.
(a) Eligibility of Officers.--Section 16401 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``enlisted'' in the matter
preceding paragraph (1); and
(2) in subsection (b)(1)--
(A) by striking ``an enlisted member'' in the matter preceding
subparagraph (A) and inserting ``a member''; and
(B) by striking ``an officer candidate in'' in subparagraph (A) and
inserting ``a member of''.
(b) Repeal of Age Limitations.--Subsection (b) of such section is
amended--
(1) in paragraph (1)--
(A) by striking subparagraph (B);
(B) by redesignating subparagraphs (C) and (D) as subparagraphs (B)
and (C), respectively; and
(C) in subparagraph (C), as so redesignated, by striking ``paragraph
(3)'' and inserting ``paragraph (2)'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2), as so redesignated, by striking ``paragraph
(1)(D)'' and inserting ``paragraph (1)(C)''.
(c) Candidates for Law Degrees.--Subsection (a)(2) of such section is
amended by striking ``three'' and inserting ``four''.
(d) Sanctions; Exceptions.--Subsection (f) of such section is
amended--
(1) in paragraph (1)--
(A) by striking ``A member who'' and inserting ``An enlisted member
who'';
(B) by inserting ``and an officer who receives financial assistance
under this section may be required to repay the full amount of financial
assistance,'' after ``for more than four years,''; and
(C) by inserting ``or, if already a commissioned officer in the
Marine Corps, refuses to accept an assignment on active duty when
offered'' in subparagraph (A) after ``when offered''; and
(2) by striking paragraph (2) and inserting the following:
``(2) The Secretary of the Navy may waive the requirements of
paragraph (1) in the case of a person who--
``(A) becomes unqualified to serve on active duty as an officer due
to a circumstance not within the control of the person;
``(B) is not physically qualified for appointment under section 532
of this title and later is determined by the Secretary of the Navy under
section 505 of this title to be unqualified for service as an enlisted
member of the Marine Corps due to a physical or medical condition that
was not the result of misconduct or grossly negligent conduct; or
``(C) fails to complete the military or academic requirements of the
Marine Corps Platoon Leaders Class program due to a circumstance not
within the control of the person.''.
(e) Clarification of Service Excluded in Computation of Creditable
Service as a Marine Corps Officer.--(1) Section 205(f) of title 37,
United States Code, is amended by striking ``that the officer performed
concurrently as a member'' and inserting ``that the officer performed
concurrently as an enlisted member''.
(2) Such section is further amended by striking ``section 12209'' and
inserting ``section 12203''.
(f) Amendments of Headings.--(1) The heading of section 16401 of
title 10, United States Code, is amended to read as follows:
``16401. Marine Corps Platoon Leaders Class: college tuition
assistance program''.
(2) The heading for subsection (a) of such section is amended by
striking `` for Financial Assistance Program''.
(g) Clerical Amendment.--The item relating to such section in the
table of chapters at the beginning of chapter
1611 of title 10, United States Code, is amended to read as follows:
``16401. Marine Corps Platoon Leaders Class: college tuition
assistance program.''.
SEC. 534. REVIEW OF ALLOCATION OF JUNIOR RESERVE OFFICERS
TRAINING CORPS UNITS AMONG THE SERVICES.
(a) Reallocation of JROTC Units.--Not later than March 31, 2001, the
Secretary of Defense shall--
(1) review the allocation among the military departments of the
statutory maximum number of Junior Reserve Officers' Training Corps
(JROTC) units; and
(2) redistribute the allocation of those units planned (as of the
date of the enactment of this Act) for fiscal years 2001 through 2006 so
as to increase the number of units for a military department that
proposes to more quickly eliminate the current waiting list for such
units and to commit the necessary resources for that purpose.
(b) Proposal for Increase in Statutory Maximum.--If, based on the
review under subsection (a) and the redistribution of the allocation of
JROTC units under that subsection, the Secretary determines that an
increase in the statutory maximum number of such units is warranted, the
Secretary shall include a proposal for such an increase in the budget
proposal of the Department of Defense for fiscal year 2002.
SEC. 535. AUTHORITY FOR NAVAL POSTGRADUATE SCHOOL TO ENROLL
CERTAIN DEFENSE INDUSTRY CIVILIANS IN SPECIFIED PROGRAMS RELATING TO
DEFENSE PRODUCT DEVELOPMENT.
(a) In General.--(1) Chapter 605 of title 10, United States Code, is
amended by adding at the end the following new section:
``7049. Defense industry civilians: admission to defense
product development program
``(a) Authority for Admission.--The Secretary of the Navy may permit
eligible defense industry employees to receive instruction at the Naval
Postgraduate School in accordance with this section. Any such defense
industry employee may only be enrolled in, and may only be provided
instruction in, a program leading to a masters's degree in a curriculum
related to defense product development. No more than 10 such defense
industry employees may be enrolled at any one time. Upon successful
completion of the course of instruction in which enrolled, any such
defense industry employee may be awarded an appropriate degree under
section 7048 of this title.
``(b) Eligible Defense Industry Employees.--For purposes of this
section, an eligible defense industry employee is an individual employed
by a private firm that is engaged in providing to the Department of
Defense significant and substantial defense-related systems, products,
or services. A defense industry employee admitted for instruction at the
school remains eligible for such instruction only so long at that person
remains employed by the same firm.
``(c) Annual Certification by the Secretary of the Navy.--Defense
industry employees may receive instruction at the school during any
academic year only if, before the start of that academic year, the
Secretary of the Navy determines, and certifies to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives, that providing instruction to defense industry
employees under this section during that year--
``(1) will further the military mission of the school;
``(2) will enhance the ability of the Department of Defense and
defense-oriented private sector contractors engaged in the design and
development of defense systems to reduce the product and project lead
times required to bring such systems to initial operational capability;
and
``(3) will be done on a space-available basis and not require an
increase in the size of the faculty of the school, an increase in the
course offerings of the school, or an increase in the laboratory
facilities or other infrastructure of the school.
``(d) Program Requirements.--The Secretary of the Navy shall ensure
that--
``(1) the curriculum for the defense product development program in
which defense industry employees may be enrolled under this section is
not readily available through other schools and concentrates on defense
product development functions that are conducted by military
organizations and defense contractors working in close cooperation; and
``(2) the course offerings at the school continue to be determined
solely by the needs of the Department of Defense.
``(e) Tuition.--The Superintendent of the school shall charge tuition
for students enrolled under this section at a rate not less than the
rate charged for employees of the United States outside the Department
of the Navy.
``(f) Standards of Conduct.--While receiving instruction at the
school, students enrolled under this section, to the extent practicable,
are subject to the same regulations governing academic performance,
attendance, norms of behavior, and enrollment as apply to Government
civilian employees receiving instruction at the school.
``(g) Use of Funds.--Amounts received by the school for instruction
of students enrolled under this section shall be retained by the school
to defray the costs of such instruction. The source, and the
disposition, of such funds shall be specifically identified in records
of the school.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``7049. Defense industry civilians: admission to defense product
development program.''.
(b) Program Evaluation and Report.--(1) Before the start of the
fourth year of instruction, but no earlier than the start of the third
year of instruction, of defense industry employees at the Naval
Postgraduate School under section 7049 of title 10, United States Code,
as added by subsection (a), the Secretary of the Navy shall conduct an
evaluation of the admission of such students under that section. The
evaluation shall include the following:
(A) An assessment of whether the authority for instruction of
nongovernment civilians at the school has resulted in a discernible
benefit for the Government.
(B) Determination of whether the receipt and disposition of funds
received by the school as tuition for instruction of such civilians at
the school have been properly identified in records of the school.
(C) A summary of the disposition and uses made of those funds.
(D) An assessment of whether instruction of such civilians at the
school is in the best interests of the Government.
(2) Not later than 30 days after completing the evaluation referred
to in paragraph (1), the Secretary of the Navy shall submit to the
Secretary of Defense a report on the program under such section. The
report shall include--
(A) the results of the evaluation under paragraph (1);
(B) the Secretary's conclusions and recommendation with respect to
continuing to allow nongovernment civilians to receive instruction at
the Naval Postgraduate School as part of a program related to defense
product development; and
(C) any proposals for legislative changes recommended by the
Secretary.
(3) Not later than 60 days after receiving the report of the
Secretary of the Navy under paragraph (2), the Secretary of Defense
shall submit the report, together with any comments that the Secretary
considers appropriate, to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives.
Subtitle D--Decorations, Awards, and Commendations
SEC. 541. LIMITATION ON AWARD OF BRONZE STAR TO MEMBERS IN
RECEIPT OF IMMINENT DANGER PAY.
(a) In General.--Chapter 57 of title 10, United States Code, is
amended by adding at the end the following new section:
``1133. Bronze Star: limitation to members receiving imminent danger pay
``The decoration known as the `Bronze Star' may only be awarded to a
member of the armed forces who is in receipt of special pay under
section 310 of title 37 at the time of the events for which the
decoration is to be awarded or who receives such pay as a result of
those events.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1133. Bronze star: limitation to members receiving imminent
danger pay.''.
SEC. 542. CONSIDERATION OF PROPOSALS FOR POSTHUMOUS OR
HONORARY PROMOTIONS OR APPOINTMENTS OF MEMBERS OR FORMER MEMBERS OF THE
ARMED FORCES AND OTHER QUALIFIED PERSONS.
(a) In General.--Chapter 80 of title 10, United States Code, is
amended by adding at the end the following new section:
``1563. Consideration of proposals for posthumous and honorary
promotions and appointments: procedures for review and recommendation
``(a) Review by Secretary Concerned.--Upon request of a Member of
Congress, the Secretary concerned shall review a proposal for the
posthumous or honorary promotion or appointment of a member or former
member of the armed forces, or any other person considered qualified,
that is not otherwise authorized by law. Based upon such review, the
Secretary shall make a determination as to the merits of approving the
posthumous or honorary promotion or appointment and the other
determinations necessary to comply with subsection (b).
``(b) Notice of Results of Review.--Upon making a determination under
subsection (a) as to the merits of approving the posthumous or honorary
promotion or appointment, the Secretary concerned shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives and to the requesting Member of
Congress notice in writing of one of the following:
``(1) The posthumous or honorary promotion or appointment does not
warrant approval on the merits.
``(2) The posthumous or honorary promotion or appointment warrants
approval and authorization by law for the promotion or appointment is
recommended.
``(3) The posthumous or honorary promotion or appointment warrants
approval on the merits and has been recommended to the President as an
exception to policy.
``(4) The posthumous or honorary promotion or appointment warrants
approval on the merits and authorization by law for the promotion or
appointment is required but is not recommended.
A notice under paragraph (1) or (4) shall be accompanied by a
statement of the reasons for the decision of the Secretary.
``(c) Definition.--In this section, the term `Member of Congress'
means--
``(1) a Senator; or
``(2) a Representative in, or a Delegate or Resident Commissioner
to, Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1563. Consideration of proposals for posthumous and honorary
promotions and appointments: procedures for review and
recommendation.''.
SEC. 543. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy for the time
within which a recommendation for the award of a military decoration or
award must be submitted shall not apply to awards of decorations
described in this section, the award of each such decoration having been
determined by the Secretary concerned to be warranted in accordance with
section 1130 of title 10, United States Code.
(b) Silver Star.--Subsection (a) applies to the award of the Silver
Star to Louis Rickler, of Rochester, New York, for gallantry in action
from August 18 to November 18, 1918, while serving as a member of the
Army.
(c) Distinguished Flying Cross.--Subsection (a) applies to the award
of the Distinguished Flying Cross for service during World War II or
Korea (including multiple awards to the same individual) in the case of
each individual concerning whom the Secretary of the Navy (or an officer
of the Navy acting on behalf of the Secretary) submitted to the
Committee on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate, during the period beginning
on October 5, 1999, and ending on the day before the date of the
enactment of this Act, a notice as provided in section 1130(b) of title
10, United States Code, that the award of the Distinguished Flying Cross
to that individual is warranted and that a waiver of time restrictions
prescribed by law for recommendation for such award is recommended.
SEC. 544. ADDITION OF CERTAIN INFORMATION TO MARKERS ON GRAVES
CONTAINING REMAINS OF CERTAIN UNKNOWNS FROM THE U.S.S. ARIZONA WHO DIED
IN THE JAPANESE ATTACK ON PEARL HARBOR ON DECEMBER 7, 1941.
(a) Information To Be Provided Secretary of Veterans Affairs.--The
Secretary of the Army shall provide to the Secretary of Veterans Affairs
certain information, as specified in subsection (b), pertaining to the
remains of certain unknown persons that are interred in the National
Memorial Cemetery of the Pacific, Honolulu, Hawaii. The Secretary of
Veterans Affairs shall add to the inscriptions on the markers on the
graves containing those remains the information provided.
(b) Information To Be Added--The information to be added to grave
markers under subsection (a)--
(1) shall be determined by the Secretary of the Army, based on a
review of the information that, as of the date of the enactment of this
Act, has been authenticated by the director of the Naval Historical
Center, Washington, D.C., pertaining to the interment of remains of
certain unknown casualties from the U.S.S. Arizona who died as a result
of the Japanese attack on Pearl Harbor on December 7, 1941; and
(2) shall, at a minimum, indicate that the interred remains are from
the U.S.S. Arizona.
(c) Limitation of Scope of Section.--This section does not impose any
requirement on the Secretary of the Army to undertake a review of any
information pertaining to the interred remains of any unknown person
other than as provided in subsection (b).
SEC. 545. SENSE OF CONGRESS ON THE COURT-MARTIAL CONVICTION OF
CAPTAIN CHARLES BUTLER McVAY, COMMANDER OF THE U.S.S. INDIANAPOLIS, AND
ON THE COURAGEOUS SERVICE OF THE CREW OF THAT VESSEL.
(a) Findings.--Congress makes the following findings:
(1) Shortly after midnight on the morning of July 30, 1945, during
the closing days of World War II, the United States Navy heavy cruiser
U.S.S. Indianapolis (CA 35) was torpedoed and sunk by the Japanese
submarine I 58 in what became the worst sea disaster in the history of
the United States Navy.
(2) Although approximately 900 of the ship's crew of 1,196 survived
the actual sinking, only 316 of those courageous sailors survived when
rescued after four and a half days adrift in the open sea, the remainder
having perishing from battle wounds, drowning, predatory shark attacks,
exposure to the elements, and lack of food and potable water.
(3) Rescue for the remaining 316 sailors came only when they were
spotted by chance by Navy Lieutenant Wilbur C. Gwinn while flying a
routine naval air patrol mission.
(4) After the end of World War II, the commanding officer of the
U.S.S. Indianapolis, Captain Charles Butler McVay, III, who was rescued
with the other survivors, was court-martialed for ``suffering a vessel
to be hazarded through negligence'' by failing to zigzag (a naval tactic
employed to help evade submarine attacks) and was convicted even
though--
(A) the choice to zigzag was left to Captain McVay's discretion in
his orders; and
(B) Motchisura Hashimoto, the commander of the Japanese submarine
that sank the U.S.S. Indianapolis, and Glynn R. Donaho, a United States
Navy submarine commander highly decorated for his service during World
War II, both testified at Captain McVay's court-martial trial that the
Japanese submarine could have sunk the U.S.S. Indianapolis whether or
not it had been zigzagging, an assertion that has since been reaffirmed
in a letter to the Chairman of the Committee on Armed Services of the
Senate dated November 24, 1999.
(5) Although not argued by Captain McVay's defense counsel in the
court-martial trial, poor visibility on the night of the sinking (as
attested in surviving crew members' handwritten accounts recently
discovered at the National Archives) justified Captain McVay's choice
not to zigzag as that choice was consistent with the applicable Navy
directives in force in 1945, which stated that, ``During thick weather
and at night, except on very clear nights or during bright moonlight,
vessels normally cease zig-zagging.''.
(6) Before the U.S.S. Indianapolis sailed from Guam on what became
her final voyage, Naval officials failed to provide Captain McVay with
available support that was critical to the safety of the U.S.S.
Indianapolis and her crew by--
(A) disapproving a request made by Captain McVay for a destroyer
escort for the U.S.S. Indianapolis across the Philippine Sea as being
``not necessary'';
(B) not informing Captain McVay that naval intelligence sources,
through signal intelligence (the Japanese code having been broken
earlier in World War II), had become aware that the Japanese submarine I
58 was operating in the area of the U.S.S. Indianapolis' course (as
disclosed in evidence presented in a hearing of the Committee on Armed
Services of the Senate conducted September 14, 1999); and
(C) not informing Captain McVay of the sinking of the destroyer
escort U.S.S. Underhill by a Japanese submarine within range of the
course of the U.S.S. Indianapolis four days before the U.S.S.
Indianapolis departed Guam for the Philippine Islands.
(7) Captain McVay's court-martial initially was opposed by his
immediate command superiors, Fleet Admiral Chester Nimitz (CINCPAC) and
Vice Admiral Raymond Spruance of the 5th fleet, for whom the U.S.S.
Indianapolis had served as flagship, but, despite their recommendations,
Secretary of the Navy James Forrestal ordered the court-martial, largely
on the basis of the recommendation of Fleet Admiral Ernest King, Chief
of Naval Operations.
(8) There is no explanation on the public record for the overruling
by Secretary Forrestal of the recommendations made by Admirals Nimitz
and Spruance.
(9) Captain McVay was the only commander of a United States Navy
vessel lost in combat to enemy action during World War II who was
subjected to a court-martial trial for such a loss, even though several
hundred United States Navy ships were lost in combat to enemy action
during World War II.
(10) The survivors of the U.S.S. Indianapolis overwhelmingly
conclude that Captain McVay was not at fault in the loss of the
Indianapolis and have dedicated their lives to vindicating their Captain
McVay.
(11) Although promoted to the grade of rear admiral in accordance
with then-applicable law upon retirement from the Navy in 1949, Captain
McVay never recovered from the stigma of his post-war court-martial and
in 1968, tragically, took his own life.
(12) Charles Butler McVay, III--
(A) was a graduate of the United States Naval Academy;
(B) was an exemplary career naval officer with an outstanding record
(including participation in the amphibious invasions of North Africa,
the assault on Iwo Jima, and the assault on Okinawa where the U.S.S.
Indianapolis under his command survived a fierce kamikaze attack);
(C) was a recipient of the Silver Star earned for courage under fire
during the Solomon Islands campaign; and
(D) with the crew of the U.S.S. Indianapolis, had so thoroughly
demonstrated proficiency in naval warfare that the Navy entrusted him
and the crew of the U.S.S. Indianapolis with transporting to the Pacific
theater components necessary for assembling the atomic bombs that were
exploded over Hiroshima and Nagasaki to end the war with Japan (delivery
of such components to the island of Tinian having been accomplished on
July 25, 1945).
(b) Sense of Congress Concerning Charles Butler McVay, III.--With
respect to the sinking of the U.S.S. Indianapolis (CA 35) on July 30,
1945, and the subsequent court-martial conviction of the ship's
commanding officer, Captain Charles Butler McVay, III, arising from that
sinking, it is the sense of Congress, based on the review of evidence by
the Senate and the House of Representatives--
(1) that, in light of the remission by the Secretary of the Navy of
the sentence of the court-martial and the restoration of Captain McVay
to active duty by the Chief of Naval Operations, Fleet Admiral Chester
Nimitz, the American people should now recognize Captain McVay's lack of
culpability for the tragic loss of the U.S.S. Indianapolis and the lives
of the men who died as a result of the sinking of that vessel; and
(2) that, in light of the fact that certain exculpatory information
was not available to the court-martial board and that Captain McVay's
conviction resulted therefrom, Captain McVay's military record should
now reflect that he is exonerated for the loss of the U.S.S.
Indianapolis and so many of her crew.
(c) Unit Citation for Final Crew of U.S.S. Indianapolis.--The
Secretary of the Navy should award a Navy Unit Commendation to the
U.S.S. Indianapolis (CA 35) and her final crew.
SEC. 546. POSTHUMOUS ADVANCEMENT ON RETIRED LIST OF REAR
ADMIRAL HUSBAND E. KIMMEL AND MAJOR GENERAL WALTER C. SHORT, SENIOR
OFFICERS IN COMMAND IN HAWAII ON DECEMBER 7, 1941.
(a) Findings.--Congress makes the following findings:
(1) The late Rear Admiral Husband E. Kimmel, while serving in the
temporary grade of admiral, was the Commander in Chief of the United
States Fleet and the Commander in Chief, United States Pacific Fleet, at
the time of the Japanese attack on Pearl Harbor, Hawaii, on December 7,
1941, with an excellent and unassailable record throughout his career in
the United States Navy before that date.
(2) The late Major General Walter C. Short, while serving in the
temporary grade of lieutenant general, was the Commander of the United
States Army Hawaiian Department, at the time of the Japanese attack on
Pearl Harbor, Hawaii, on December 7, 1941, with an excellent and
unassailable record throughout his career in the United States Army
before that date.
(3) Numerous investigations following the attack on Pearl Harbor
have documented that Admiral Kimmel and Lieutenant General Short were
not provided necessary and critical intelligence that was available,
that foretold of war with Japan, that warned of imminent attack, and
that would have alerted them to prepare for the attack, including such
essential communiques as the Japanese Pearl Harbor Bomb Plot message of
September 24, 1941, and the message sent from the Imperial Japanese
Foreign Ministry to the Japanese Ambassador in the United States from
December 6 to 7, 1941, known as the Fourteen-Part Message.
(4) On December 16, 1941, Admiral Kimmel and Lieutenant General
Short were relieved of their commands and returned to their permanent
grades of rear admiral and major general, respectively.
(5) Admiral William Harrison Standley, who served as a member of the
investigating commission known as the Roberts Commission that accused
Admiral Kimmel and Lieutenant General Short of ``dereliction of duty''
only six weeks after the attack on Pearl Harbor, later disavowed the
report, maintaining that ``these two officers were martyred'' and ``if
they had been brought to trial, both would have been cleared of the
charge''.
(6) On October 19, 1944, a Naval Court of Inquiry--
(A) exonerated Admiral Kimmel on the grounds that his military
decisions and the disposition of his forces at the time of the December
7, 1941, attack on Pearl Harbor were proper ``by virtue of the
information that Admiral Kimmel had at hand which indicated neither the
probability nor the imminence of an air attack on Pearl Harbor'';
(B) criticized the higher command for not sharing with Admiral
Kimmel ``during the very critical period of November 26 to December 7,
1941, important information . . . regarding the Japanese situation'';
and
(C) concluded that the Japanese attack and its outcome was
attributable to no serious fault on the part of anyone in the naval
service.
(7) On June 15, 1944, an investigation conducted by Admiral T. C.
Hart at the direction of the Secretary of the Navy produced evidence,
subsequently confirmed, that essential intelligence concerning Japanese
intentions and war plans was available in Washington but was not shared
with Admiral Kimmel.
(8) On October 20, 1944, the Army Pearl Harbor Board of
Investigation determined that--
(A) Lieutenant General Short had not been kept ``fully advised of
the growing tenseness of the Japanese situation which indicated an
increasing necessity for better preparation for war'';
(B) detailed information and intelligence about Japanese intentions
and war plans were available in ``abundance'' but were not shared with
Lieutenant General Short's Hawaii command; and
(C) Lieutenant General Short was not provided ``on the evening of
December 6th and the early morning of December 7th, the critical
information indicating an almost immediate break with Japan, though
there was ample time to have accomplished this''.
(9) The reports by both the Naval Court of Inquiry and the Army
Pearl Harbor Board of Investigation were kept secret, and Rear Admiral
Kimmel and Major General Short were denied their requests to defend
themselves through trial by court-martial.
(10) The joint committee of Congress that was established to
investigate the conduct of Admiral Kimmel and Lieutenant General Short
completed, on May 31, 1946, a 1,075-page report which included the
conclusions of the committee that the two officers had not been guilty
of dereliction of duty.
(11) On April 27, 1954, the Chief of Naval Personnel, Admiral J. L.
Holloway, Jr., recommended that Rear Admiral Kimmel be advanced in rank
in accordance with the provisions of the Officer Personnel Act of 1947.
(12) On November 13, 1991, a majority of the members of the Board
for the Correction of Military Records of the Department of the Army
found that Major General Short ``was unjustly held responsible for the
Pearl Harbor disaster'' and that ``it would be equitable and just'' to
advance him to the rank of lieutenant general on the retired list.
(13) In October 1994, the Chief of Naval Operations, Admiral
Carlisle Trost, withdrew his 1988 recommendation against the advancement
of Rear Admiral Kimmel and recommended that his case be reopened.
(14) Although the Dorn Report, a report on the results of a
Department of Defense study that was issued on December 15, 1995, did
not provide support for an advancement of Rear Admiral Kimmel or Major
General Short in grade, it did set forth as a conclusion of the study
that ``responsibility for the Pearl Harbor disaster should not fall
solely on the shoulders of Admiral Kimmel and Lieutenant General Short,
it should be broadly shared''.
(15) The Dorn Report found--
(A) that ``Army and Navy officials in Washington were privy to
intercepted Japanese diplomatic communications . . . which provided
crucial confirmation of the imminence of war'';
(B) that ``the evidence of the handling of these messages in
Washington reveals some ineptitude, some unwarranted assumptions and
misestimations, limited coordination, ambiguous language, and lack of
clarification and followup at higher levels''; and
(C) that ``together, these characteristics resulted in failure . . .
to appreciate fully and to convey to the commanders in Hawaii the sense
of focus and urgency that these intercepts should have engendered''.
(16) On July 21, 1997, Vice Admiral David C. Richardson (United
States Navy, retired) responded to the Dorn Report with his own study
which confirmed findings of the Naval Court of Inquiry and the Army
Pearl Harbor Board of Investigation and established, among other facts,
that the war effort in 1941 was undermined by a restrictive intelligence
distribution policy, and the degree to which the commanders of the
United States forces in Hawaii were not alerted about the impending
attack on Hawaii was directly attributable to the withholding of
intelligence from Admiral Kimmel and Lieutenant General Short.
(17) The Officer Personnel Act of 1947, in establishing a promotion
system for the Navy and the Army, provided a legal basis for the
President to honor any officer of the Armed Forces of the United States
who served his country as a senior commander during World War II with a
placement of that officer, with the advice and consent of the Senate, on
the retired list with the highest grade held while on the active duty
list.
(18) Rear Admiral Kimmel and Major General Short are the only two
officers eligible for advancement under the Officer Personnel Act of
1947 as senior World War II commanders who were excluded from the list
of retired officers presented for advancement on the retired lists to
their highest wartime grades under that Act.
(19) This singular exclusion of those two officers from advancement
on the retired list serves only to perpetuate the myth that the senior
commanders in Hawaii were derelict in their duty and responsible for the
success of the attack on Pearl Harbor, a distinct and unacceptable
expression of dishonor toward two of the finest officers who have served
in the Armed Forces of the United States.
(20) Major General Walter Short died on September 23, 1949, and Rear
Admiral Husband Kimmel died on May 14, 1968, without the honor of having
been returned to their wartime grades as were their fellow commanders of
World War II.
(21) The Veterans of Foreign Wars, the Pearl Harbor Survivors
Association, the Admiral Nimitz Foundation, the Naval Academy Alumni
Association, the Retired Officers Association, and the Pearl Harbor
Commemorative Committee, and other associations and numerous retired
military officers have called for the rehabilitation of the reputations
and honor of Admiral Kimmel and Lieutenant General Short through their
posthumous advancement on the retired lists to their highest wartime
grades.
(b) Advancement of Rear Admiral Kimmel and Major General Short on
Retired Lists.--(1) The President is requested--
(A) to advance the late Rear Admiral Husband E. Kimmel, United
States Navy (retired), to the grade of admiral on the retired list of
the Navy; and
(B) to advance the late Major General Walter C. Short, United States
Army (retired), to the grade of lieutenant general on the retired list
of the Army.
(2) Any advancement in grade on a retired list requested under
paragraph (1) shall not increase or change the compensation or benefits
from the United States to which any person is now or may in the future
be entitled based upon the military service of the officer advanced.
(c) Sense of Congress Regarding the Professional Performance of
Admiral Kimmel and Lieutenant General Short.--It is the sense of
Congress--
(1) that the late Rear Admiral Husband E. Kimmel performed his
duties as Commander in Chief, United States Pacific Fleet, competently
and professionally and, therefore, that the losses incurred by the
United States in the attacks on the naval base at Pearl Harbor, Hawaii,
and other targets on the island of Oahu, Hawaii, on December 7, 1941,
were not a result of dereliction in the performance of those duties by
then Admiral Kimmel; and
(2) that the late Major General Walter C. Short performed his duties
as Commanding General, Hawaiian Department, competently and
professionally and, therefore, that the losses incurred by the United
States in the attacks on Hickam Army Air Field and Schofield Barracks,
Hawaii, and other targets on the island of Oahu, Hawaii, on December 7,
1941, were not a result of dereliction in the performance of those
duties by then Lieutenant General Short.
SEC. 547. COMMENDATION OF CITIZENS OF REMY, FRANCE, FOR WORLD
WAR II ACTIONS.
(a) Findings.--The Congress finds the following:
(1) On August 2, 1944, a squadron of P 51s from the United States
364th Fighter Group strafed a German munitions train in Remy, France.
(2) The resulting explosion killed Lieutenant Houston Braly, one of
the attacking pilots, and destroyed much of the village of Remy,
including seven stained glass windows in the 13th century church.
(3) Despite threats of reprisals from the occupying German
authorities, the citizens of Remy recovered Lieutenant Braly's body from
the wreckage, buried his body with dignity and honor in the church's
cemetery, and decorated the grave site daily with fresh flowers.
(4) On Armistice Day, 1995, the village of Remy renamed the
crossroads near the site of Lieutenant Braly's death in his honor.
(5) The surviving members of the 364th Fighter Group desire to
express their gratitude to the brave citizens of Remy.
(6) To express their gratitude, the surviving members of the 364th
Fighter Group have organized a nonprofit corporation to raise funds,
through its project ``Windows for Remy'', to restore the church's
stained glass windows.
(b) Commendation and Recognition.--The Congress commends the bravery
and honor of the citizens of Remy, France, for their actions with
respect to the American fighter pilot Lieutenant Houston Braly during
and after August 1944, and recognizes the efforts of the surviving
members of the United States 364th Fighter Group to raise funds to
restore the stained glass windows of Remy's 13th century church.
SEC. 548. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO WILLIAM
H. PITSENBARGER FOR VALOR DURING THE VIETNAM WAR.
(a) Waiver of Time Limitations.--Notwithstanding the period of
limitations specified in section 8744 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Air Force, the President may award
the Medal of Honor under section 8741 of that title, posthumously, to
William H. Pitsenbarger of Piqua, Ohio, for the acts of valor referred
to in subsection (b).
(b) Action Defined.--The acts of valor referred to in subsection (a)
are the actions of William H. Pitsenbarger on April 11, 1966, as an Air
Force pararescue crew member, serving in the grade of Airman First Class
at Cam My, Republic of Vietnam, with Detachment 6, 38th Aerospace Rescue
and Recovery Helicopter Squadron, in support of the combat mission known
as ``Operations Abilene''.
Subtitle E--Military Justice and Legal Assistance Matters
SEC. 551. RECOGNITION BY STATES OF MILITARY TESTAMENTARY INSTRUMENTS.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1044c the following new section:
``1044d. Military testamentary instruments: requirement for
recognition by States
``(a) Testamentary Instruments To Be Given Legal Effect.--A military
testamentary instrument--
``(1) is exempt from any requirement of form, formality, or
recording before probate that is provided for testamentary instruments
under the laws of a State; and
``(2) has the same legal effect as a testamentary instrument
prepared and executed in accordance with the laws of the State in which
it is presented for probate.
``(b) Military Testamentary Instruments.--For purposes of this
section, a military testamentary instrument is an instrument that is
prepared with testamentary intent in accordance with regulations
prescribed under this section and that--
``(1) is executed in accordance with subsection (c) by (or on behalf
of) a person, as a testator, who is eligible for military legal
assistance;
``(2) makes a disposition of property of the testator; and
``(3) takes effect upon the death of the testator.
``(c) Requirements for Execution of Military Testamentary
Instruments.--An instrument is valid as a military testamentary
instrument only if--
``(1) the instrument is executed by the testator (or, if the
testator is unable to execute the instrument personally, the instrument
is executed in the presence of, by the direction of, and on behalf of
the testator);
``(2) the instrument is executed in the presence of a military legal
assistance counsel acting as presiding attorney;
``(3) the instrument is executed in the presence of at least two
disinterested witnesses (in addition to the presiding attorney), each of
whom attests to witnessing the testator's execution of the instrument by
signing it; and
``(4) the instrument is executed in accordance with such additional
requirements as may be provided in regulations prescribed under this
section.
``(d) Self-Proving Military Testamentary Instruments.--(1) If the
document setting forth a military testamentary instrument meets the
requirements of paragraph (2), then the signature of a person on the
document as the testator, an attesting witness, a notary, or the
presiding attorney, together with a written representation of the
person's status as such and the person's military grade (if any) or
other title, is prima facie evidence of the following:
``(A) That the signature is genuine.
``(B) That the signatory had the represented status and title at the
time of the execution of the will.
``(C) That the signature was executed in compliance with the
procedures required under the regulations prescribed under subsection
(f).
``(2) A document setting forth a military testamentary instrument
meets the requirements of this paragraph if it includes (or has attached
to it), in a form and content required under the regulations prescribed
under subsection (f), each of the following:
``(A) A certificate, executed by the testator, that includes the
testator's acknowledgment of the testamentary instrument.
``(B) An affidavit, executed by each witness signing the
testamentary instrument, that attests to the circumstances under which
the testamentary instrument was executed.
``(C) A notarization, including a certificate of any administration
of an oath required under the regulations, that is signed by the notary
or other official administering the oath.
``(e) Statement To Be Included.--(1) Under regulations prescribed
under this section, each military testamentary instrument shall contain
a statement that sets forth the provisions of subsection (a).
``(2) Paragraph (1) shall not be construed to make inapplicable the
provisions of subsection (a) to a testamentary instrument that does not
include a statement described in that paragraph.
``(f) Regulations.--Regulations for the purposes of this section
shall be prescribed jointly by the Secretary of Defense and by the
Secretary of Transportation with respect to the Coast Guard when it is
not operating as a service in the Department of the Navy.
``(g) Definitions.--In this section:
``(1) The term `person eligible for military legal assistance' means
a person who is eligible for legal assistance under section 1044 of this
title.
``(2) The term `military legal assistance counsel' means--
``(A) a judge advocate (as defined in section 801(13) of this
title); or
``(B) a civilian attorney serving as a legal assistance officer
under the provisions of section 1044 of this title.
``(3) The term `State' includes the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, and each possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1044c the following new item:
``1044d. Military testamentary instruments: requirement for
recognition by States.''.
SEC. 552. POLICY CONCERNING RIGHTS OF INDIVIDUALS WHOSE NAMES
HAVE BEEN ENTERED INTO DEPARTMENT OF DEFENSE OFFICIAL CRIMINAL
INVESTIGATIVE REPORTS.
(a) Policy Requirement.--The Secretary of Defense shall establish a
policy creating a uniform process within the Department of Defense
that--
(1) affords any individual who, in connection with the investigation
of a reported crime, is designated (by name or by any other identifying
information) as a suspect in the case in any official investigative
report, or in a central index for potential retrieval and analysis by
law enforcement organizations, an opportunity to obtain a review of that
designation; and
(2) requires the expungement of the name and other identifying
information of any such individual from such report or index in any case
in which it is determined the entry of such identifying information on
that individual was made contrary to Department of Defense requirements.
(b) Effective Date.--The policy required by subsection (a) shall be
established not later than 120 days after the date of the enactment of
this Act.
SEC. 553. LIMITATION ON SECRETARIAL AUTHORITY TO GRANT
CLEMENCY FOR MILITARY PRISONERS SERVING SENTENCE OF CONFINEMENT FOR LIFE
WITHOUT ELIGIBILITY FOR PAROLE.
(a) Limitation.--Section 874(a) of title 10, United States Code
(article 74(a) of the Uniform Code of Military Justice), is amended by
adding at the end the following new sentence: ``However, in the case of
a sentence of confinement for life without eligibility for parole, after
the sentence is ordered executed, the authority of the Secretary
concerned under the preceding sentence (1) may not be delegated, and (2)
may be exercised only after the service of a period of confinement of
not less than 20 years.''.
(b) Effective Date.--The amendment made by subsection (a) shall not
apply with respect to a sentence of confinement for life without
eligibility for parole that is adjudged for an offense committed before
the date of the enactment of this Act.
SEC. 554. AUTHORITY FOR CIVILIAN SPECIAL AGENTS OF MILITARY
DEPARTMENT CRIMINAL INVESTIGATIVE ORGANIZATIONS TO EXECUTE WARRANTS AND
MAKE ARRESTS.
(a) Department of the Army.--(1) Chapter 373 of title 10, United
States Code, is amended by adding at the end the following new section:
``4027. Civilian special agents of the Criminal Investigation
Command: authority to execute warrants and make arrests
``(a) Authority.--The Secretary of the Army may authorize any
Department of the Army civilian employee described in subsection (b) to
have the same authority to execute and serve warrants and other
processes issued under the authority of the United States and to make
arrests without a warrant as may be authorized under section 1585a of
this title for special agents of the Defense Criminal Investigative
Service.
``(b) Agents To Have Authority.--Subsection (a) applies to any
employee of the Department of the Army who is a special agent of the
Army Criminal Investigation Command (or a successor to that command)
whose duties include conducting, supervising, or coordinating
investigations of criminal activity in programs and operations of the
Department of the Army.
``(c) Guidelines for Exercise of Authority.--The authority provided
under subsection (a) shall be exercised in accordance with guidelines
prescribed by the Secretary of the Army and approved by the Secretary of
Defense and the Attorney General and any other applicable guidelines
prescribed by the Secretary of the Army, the Secretary of Defense, or
the Attorney General.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end following new item:
``4027. Civilian special agents of the Criminal Investigation
Command: authority to execute warrants and make arrests.''.
(b) Department of the Navy.--(1) Chapter 643 of title 10, United
States Code, is amended by adding at the end the following new section:
``7480. Special agents of the Naval Criminal Investigative
Service: authority to execute warrants and make arrests
``(a) Authority.--The Secretary of the Navy may authorize any
Department of the Navy civilian employee described in subsection (b) to
have the same authority to execute and serve warrants and other
processes issued under the authority of the United States and to make
arrests without a warrant as may be authorized under section 1585a of
this title for special agents of the Defense Criminal Investigative
Service.
``(b) Agents To Have Authority.--Subsection (a) applies to any
employee of the Department of the Navy who is a special agent of the
Naval Criminal Investigative Service (or
any successor to that service) whose duties include
conducting, supervising, or coordinating investigations of criminal
activity in programs and operations of the Department of the Navy.
``(c) Guidelines for Exercise of Authority.--The authority provided
under subsection (a) shall be exercised in accordance with guidelines
prescribed by the Secretary of the Navy and approved by the Secretary of
Defense and the Attorney General and any other applicable guidelines
prescribed by the Secretary of the Navy, the Secretary of Defense, or
the Attorney General.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end following new item:
``7480. Special agents of the Naval Criminal Investigative
Service: authority to execute warrants and make arrests.''.
(c) Department of the Air Force.--(1) Chapter 873 of title 10, United
States Code, is amended by adding at the end the following new section:
``9027. Civilian special agents of the Office of Special
Investigations: authority to execute warrants and make arrests
``(a) Authority.--The Secretary of the Air Force may authorize any
Department of the Air Force civilian employee described in subsection
(b) to have the same authority to execute and serve warrants and other
processes issued under the authority of the United States and to make
arrests without a warrant as may be authorized under section 1585a of
this title for special agents of the Defense Criminal Investigative
Service.
``(b) Agents To Have Authority.--Subsection (a) applies to any
employee of the Department of the Air Force who is a special agent of
the Air Force Office of Special Investigations (or a successor to that
office) whose duties include conducting, supervising, or coordinating
investigations of criminal activity in programs and operations of the
Department of the Air Force.
``(c) Guidelines for Exercise of Authority.--The authority provided
under subsection (a) shall be exercised in accordance with guidelines
prescribed by the Secretary of the Air Force and approved by the
Secretary of Defense and the Attorney General and any other applicable
guidelines prescribed by the Secretary of the Air Force, the Secretary
of Defense, or the Attorney General.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end following new item:
``9027. Civilian special agents of the Office of Special
Investigations: authority to execute warrants and make arrests.''.
SEC. 555. REQUIREMENT FOR VERBATIM RECORD IN CERTAIN SPECIAL
COURT-MARTIAL CASES.
(a) When Required.--Subsection (c)(1)(B) of section 854 of title 10,
United States Code (article 54 of the Uniform Code of Military Justice),
is amended by inserting after ``bad-conduct discharge'' the following:
``, confinement for more than six months, or forfeiture of pay for more
than six months''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect as of April 1, 2000, and shall apply with respect to charges
referred on or after that date to trial by special court-martial.
SEC. 556. COMMEMORATION OF THE 50TH ANNIVERSARY OF THE UNIFORM
CODE OF MILITARY JUSTICE.
(a) Findings.--Congress makes the following findings:
(1) The American military justice system predates the United States
itself, having had a continuous existence since the enactment of the
first American Articles of War by the Continental Congress in 1775.
(2) Pursuant to article I of the Constitution, which explicitly
empowers Congress ``To make Rules for the Government and Regulation of
the land and naval Forces'', Congress enacted the Articles of War and an
Act to Govern the Navy, which were revised on several occasions between
the ratification of the Constitution and the end of World War II.
(3) Dissatisfaction with the administration of military justice
during World War I and World War II (including dissatisfaction arising
from separate systems of justice for the Army and for the Navy and
Marine Corps) led both to significant statutory reforms in the Articles
of War and to the convening of a committee, under Department of Defense
auspices, to draft a single code of military justice applicable
uniformly to all of the Armed Forces.
(4) The committee, chaired by Professor Edmund M. Morgan of Harvard
Law School, made recommendations that formed the basis of bills
introduced in Congress to establish such a uniform code of military
justice.
(5) After lengthy hearings and debate on the congressional
proposals, the Uniform Code of Military Justice was enacted into law on
May 5, 1950, when President Harry S Truman signed the legislation.
(6) President Truman then issued a revised Manual for Courts-Martial
implementing the new code, and the code became effective on May 31,
1951.
(7) One of the greatest innovations of the Uniform Code of Military
Justice (now codified as chapter 47 of title 10, United States Code) was
the establishment of a civilian court of appeals within the military
justice system. That court, the United States Court of Military Appeals
(now the United States Court of Appeals for the Armed Forces), held its
first session on July 25, 1951.
(8) Congress enacted major revisions of the Uniform Code of Military
Justice in 1968 and 1983 and, in addition, has amended the code from
time to time over the years as practice under the code indicated a need
for updating the substance or procedure of the law of military justice.
(9) The evolution of the system of military justice under the
Uniform Code of Military Justice may be traced in the decisions of the
Courts of Criminal Appeals of each of the Armed Forces and the decisions
of the United States Court of Appeals for the Armed Forces. These courts
have produced a unique body of jurisprudence upon which commanders and
judge advocates rely in the performance of their duties.
(10) It is altogether fitting that the 50th anniversary of the
Uniform Code of Military Justice be duly commemorated.
(b) Commemoration.--The Congress--
(1) requests the President to issue a proclamation commemorating the
50th anniversary of the Uniform Code of Military Justice; and
(2) calls upon the Department of Defense, the Armed Forces, and the
United States Court of Appeals for the Armed Forces and interested
organizations and members of the bar and the public to commemorate the
occasion of that anniversary with ceremonies and activities befitting
its importance.
Subtitle F--Matters Relating to Recruiting
SEC. 561. ARMY RECRUITING PILOT PROGRAMS.
(a) Requirement for Programs.--The Secretary of the Army shall carry
out pilot programs to test various recruiting approaches under this
section for the following purposes:
(1) To assess the effectiveness of the recruiting approaches for
creating enhanced opportunities for recruiters to make direct, personal
contact with potential recruits.
(2) To improve the overall effectiveness and efficiency of Army
recruiting activities.
(b) Outreach Through Motor Sports.--(1) One of the pilot programs
shall be a pilot program of public outreach that associates the Army
with motor sports competitions to achieve the objectives set forth in
paragraph (2).
(2) The events and activities undertaken under the pilot program
shall be designed to provide opportunities for Army recruiters to make
direct, personal contact with high school students to achieve the
following objectives:
(A) To increase enlistments by students graduating from high school.
(B) To reduce attrition in the Delayed Entry Program of the Army by
sustaining the personal commitment of students who have elected delayed
entry into the Army under the program.
(3) Under the pilot program, the Secretary of the Army shall provide
for the following:
(A) For Army recruiters or other Army personnel--
(i) to organize Army sponsored career day events in association with
national motor sports competitions; and
(ii) to arrange for or encourage attendance at the competitions by
high school students, teachers, guidance counselors, and administrators
of high schools located near the competitions.
(B) For Army recruiters and other soldiers to attend national motor
sports competitions--
(i) to display exhibits depicting the contemporary Army and career
opportunities in the Army; and
(ii) to discuss those opportunities with potential recruits.
(C) For the Army to sponsor a motor sports racing team as part of an
integrated program of recruitment and publicity for the Army.
(D) For the Army to sponsor motor sports competitions for high
school students at which recruiters meet with potential recruits.
(E) For Army recruiters or other Army personnel to compile in an
Internet accessible database the names, addresses, telephone numbers,
and electronic mail addresses of persons who are identified as potential
recruits through activities under the pilot program.
(F) Any other activities associated with motor sports competition
that the Secretary determines appropriate for Army recruitment purposes.
(c) Outreach at Vocational Schools and Community Colleges.--(1) One
of the pilot programs shall be a pilot program under which Army
recruiters are assigned, as their primary responsibility, at
postsecondary vocational institutions and community colleges for the
purpose of recruiting students graduating from those institutions and
colleges, recent graduates of those institutions and colleges, and
students withdrawing from enrollments in those institutions and
colleges.
(2) The Secretary of the Army shall select the institutions and
colleges to be invited to participate in the pilot program.
(3) The conduct of the pilot program at an institution or college
shall be subject to an agreement which the Secretary shall enter into
with the governing body or authorized official of the institution or
college, as the case may be.
(4) Under the pilot program, the Secretary shall provide for the
following:
(A) For Army recruiters to be placed in postsecondary vocational
institutions and community colleges to serve as a resource for guidance
counselors and to recruit for the Army.
(B) For Army recruiters to recruit from among students and graduates
described in paragraph (1).
(C) For the use of telemarketing, direct mail, interactive voice
response systems, and Internet website capabilities to assist the
recruiters in the postsecondary vocational institutions and community
colleges.
(D) For any other activities that the Secretary determines
appropriate for recruitment activities in postsecondary vocational
institutions and community colleges.
(5) In this subsection, the term ``postsecondary vocational
institution'' has the meaning given the term in section 102(c) of the
Higher Education Act of 1965 (20 U.S.C. 1002(c)).
(d) Contract Recruiting Initiatives.--(1) One of the pilot programs
shall be a program that expands in accordance with this subsection the
scope of the Army's contract recruiting initiatives that are ongoing as
of the date of the enactment of this Act. Under the pilot program, the
Secretary of the Army shall select at least 10 recruiting companies to
apply the initiatives in efforts to recruit personnel for the Army.
(2) Under the pilot program, the Secretary shall provide for the
following:
(A) For replacement of the Regular Army recruiters by contract
recruiters in the 10 recruiting companies selected under paragraph (1).
(B) For operation of the 10 companies under the same rules and chain
of command as the other Army recruiting companies.
(C) For use of the offices, facilities, and equipment of the 10
companies by the contract recruiters.
(D) For reversion to performance of the recruiting activities by
Regular Army soldiers in the 10 companies upon termination of the pilot
program.
(E) For any other uses of contractor personnel for Army recruiting
activities that the Secretary determines appropriate.
(e) Duration of Pilot Programs.--The pilot programs required by this
section shall be carried out during the period beginning on October 1,
2000, and, subject to subsection (f), ending on December 31, 2005.
(f) Authority To Expand or Extend Pilot Programs.--The Secretary may
expand the scope of any of the pilot programs (under subsection
(b)(3)(F), (c)(4)(D), (d)(2)(E), or otherwise) or extend the period for
any of the pilot programs. Before doing so in the case of a pilot
program, the Secretary of the Army shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives a written notification of the expansion of the
pilot program (together with the scope of the expansion) or the
continuation of the pilot program (together with the period of the
extension), as the case may be.
(g) Reports.--Not later than February 1, 2006, the Secretary of the
Army shall submit to the Committees on Armed Services of the Senate and
the House of Representatives a separate report on each of the pilot
programs carried out under this section. The report on a pilot program
shall include the following:
(1) The Secretary's assessment of the value of the actions taken in
the administration of the pilot program for increasing the effectiveness
and efficiency of Army recruiting.
(2) Any recommendations for legislation or other action that the
Secretary considers appropriate to increase the effectiveness and
efficiency of Army recruiting.
SEC. 562. ENHANCEMENT OF RECRUITMENT MARKET RESEARCH AND
ADVERTISING PROGRAMS.
Section 503(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense shall act on a continuing basis to
enhance the effectiveness of recruitment programs of the Department of
Defense (including programs conducted jointly and programs conducted by
the separate armed forces) through an aggressive program of advertising
and market research targeted at prospective recruits for the armed
forces and those who may influence prospective recruits. Subchapter I of
chapter 35 of title 44 shall not apply to actions taken as part of that
program.''.
SEC. 563. ACCESS TO SECONDARY SCHOOLS FOR MILITARY RECRUITING PURPOSES.
(a) Requirement for Access.--Subsection (c) of section 503 of title
10, United States Code, is amended to read as follows:
``(c) Access to Secondary Schools.--(1) Each local educational agency
shall (except as provided under paragraph (5)) provide to the Department
of Defense, upon a request made for military recruiting purposes, the
same access to secondary school students, and to directory information
concerning such students, as is provided generally to post-secondary
educational institutions or to prospective employers of those students.
``(2) If a local educational agency denies a request by the
Department of Defense for recruiting access, the Secretary of Defense,
in cooperation with the Secretary of the military department concerned,
shall designate an officer in a grade not below the grade of colonel or,
in the case of the Navy, captain, or a senior executive of that military
department to meet with representatives of that local educational agency
in person, at the offices of that agency, for the purpose of arranging
for recruiting access. The designated officer or senior executive shall
seek to have that meeting within 120 days of the date of the denial of
the request for recruiting access.
``(3) If, after a meeting under paragraph (2) with representatives of
a local educational agency that has denied a request for recruiting
access or (if the educational agency declines a request for the meeting)
after the end of such 120-day period, the Secretary of Defense
determines that the agency continues to deny recruiting access, the
Secretary shall transmit to the chief executive of the State in which
the agency is located a notification of the denial of recruiting access
and a request for assistance in obtaining that access. The notification
shall be transmitted within 60 days after the date of the determination.
The Secretary shall provide to the Secretary of Education a copy of such
notification and any other communication between the Secretary and that
chief executive with respect to such access.
``(4) If a local educational agency continues to deny recruiting
access one year after the date of the transmittal of a notification
regarding that agency under paragraph (3), the Secretary--
``(A) shall determine whether the agency denies recruiting access to
at least two of the armed forces (other than the Coast Guard when it is
not operating as a service in the Navy); and
``(B) upon making an affirmative determination under subparagraph
(A), shall transmit a notification of the denial of recruiting access
to--
``(i) the specified congressional committees;
``(ii) the Senators of the State in which the local educational
agency is located; and
``(iii) the member of the House of Representatives who represents
the district in which the local educational agency is located.
``(5) The requirements of this subsection do not apply to--
``(A) a local educational agency with respect to access to secondary
school students or access to directory information concerning such
students for any period during which there is in effect a policy of that
agency, established by majority vote of the governing body of the
agency, to deny recruiting access to those students or to that directory
information, respectively; or
``(B) a private secondary school which maintains a religious
objection to service in the armed forces and which objection is
verifiable through the corporate or other organizational documents or
materials of that school.
``(6) In this subsection:
``(A) The term `local educational agency' means--
``(i) a local educational agency, within the meaning of that term in
section 14101(18) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801(18)); and
``(ii) a private secondary school.
``(B) The term `recruiting access' means access requested as
described in paragraph (1).
``(C) The term `senior executive' has the meaning given that term in
section 3132(a)(3) of title 5.
``(D) The term `State' includes the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, the Virgin Islands, American Samoa, the Federated States
of Micronesia, the Republic of the Marshall Islands, and the Republic of
Palau.
``(E) The term `specified congressional committees' means the
following:
``(i) The Committee on Armed Services and the Committee on Health,
Education, Labor, and Pensions of the Senate.
``(ii) The Committee on Armed Services and the Committee on
Education and the Workforce of the House of Representatives.
``(F) The term `member of the House of Representatives' includes a
Delegate or Resident Commissioner to Congress.''.
(b) Definition of Directory Information.--Such section is further
amended--
(1) by striking paragraph (7) of subsection (b); and
(2) by adding at the end the following new subsection:
``(d) Directory Information Defined.--In this section, the term
`directory information' has the meaning given that term in subsection
(a)(5)(A) of section 444 of the General Education Provisions Act (20
U.S.C. 1232g).''.
(c) Technical Amendments.--Such section is further amended--
(1) in subsection (a), by inserting `` Recruiting Campaigns.--''
after ``(a)''; and
(2) in subsection (b), by inserting `` Compilation of Directory
Information.--'' after ``(b)''.
(d) Effective Date.--The amendment made by subsection (a) shall take
effect on July 1, 2002.
SEC. 564. PILOT PROGRAM TO ENHANCE MILITARY RECRUITING BY
IMPROVING MILITARY AWARENESS OF SCHOOL COUNSELORS AND EDUCATORS.
(a) In General.--The Secretary of Defense shall conduct a pilot
program to determine if cooperation with military recruiters by local
educational agencies and by institutions of higher education could be
enhanced by improving the understanding of school counselors and
educators about military recruiting and military career opportunities.
The pilot program shall be conducted during a three-year period
beginning not later than 180 days after the date of the enactment of
this Act.
(b) Conduct of Pilot Program Through Participation in Interactive
Internet Site.--(1) The pilot program
shall be conducted by means of participation by the
Department of Defense in a qualifying interactive Internet site.
(2) For purposes of this section, a qualifying interactive Internet
site is an Internet site in existence as of the date of the enactment of
this Act that is designed to provide to employees of local educational
agencies and institutions of higher education participating in the
Internet site--
(A) systems for communicating;
(B) resources for individual professional development;
(C) resources to enhance individual on-the-job effectiveness; and
(D) resources to improve organizational effectiveness.
(3) Participation in an Internet site by the Department of Defense
for purposes of this section shall include--
(A) funding;
(B) assistance; and
(C) access by other Internet site participants to Department of
Defense aptitude testing programs, career development information, and
other resources, in addition to information on military recruiting and
career opportunities.
(c) Report.--The Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives a report providing the Secretary's findings
and conclusions on the pilot program not later than 180 days after the
end of the three-year program period.
Subtitle G--Other Matters
SEC. 571. EXTENSION TO END OF CALENDAR YEAR OF EXPIRATION DATE
FOR CERTAIN FORCE DRAWDOWN TRANSITION AUTHORITIES.
(a) Early Retirement Authority for Active Force Members.--Section
4403 of the National Defense Authorization Act for Fiscal Year 1993 (10
U.S.C. 1293 note) is amended--
(1) in subsection (a), by striking ``through fiscal year 1999'' and
inserting ``during the active force drawdown period''; and
(2) in subsection (i), by striking ``October 1, 2001'' and inserting
``December 31, 2001''.
(b) SSB and VSI.--Sections 1174a(h)(1) and 1175(d)(3) of title 10,
United States Code, are amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(c) Selective Early Retirement Boards.--Section 638a(a) of such title
is amended by striking ``September 30, 2001'' and inserting ``December
31, 2001''.
(d) Time-in-Grade Requirement for Retention of Grade Upon Voluntary
Retirement.--Section 1370 of such title is amended by striking
``September 30, 2001'' in subsections (a)(2)(A) and (d)(5) and inserting
``December 31, 2001''.
(e) Minimum Commissioned Service for Voluntary Retirement as an
Officer.--Sections 3911(b), 6323(a)(2), and 8911(b) of such title are
amended by striking ``September 30, 2001'' and inserting ``December 31,
2001''.
(f) Travel, Transportation, and Storage Benefits.--Sections
404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(v), and 406(g)(1)(C) of
title 37, United States Code, and section 503(c)(1) of the National
Defense Authorization Act for Fiscal Year 1991 (37 U.S.C. 406 note) are
amended by striking ``September 30, 2001'' and inserting ``December 31,
2001''.
(g) Educational Leave for Public and Community Service.--Section
4463(f) of the National Defense Authorization Act for Fiscal Year 1993
(10 U.S.C. 1143a note) is amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(h) Transitional Health Benefits.--Subsections (a)(1), (c)(1), and
(e) of section 1145 of title 10, United States Code, are amended by
striking ``September 30, 2001'' and inserting ``December 31, 2001''.
(i) Transitional Commissary and Exchange Benefits.--Section 1146 of
such title is amended by striking ``September 30, 2001'' both places it
appears and inserting ``December 31, 2001''.
(j) Transitional Use of Military Housing.--Paragraphs (1) and (2) of
section 1147(a) of such title are amended by striking ``September 30,
2001'' and inserting ``December 31, 2001''.
(k) Continued Enrollment of Dependents in Defense Dependents'
Education System.--Section 1407(c)(1) of the Defense Dependents'
Education Act of 1978 (20 U.S.C. 926(c)(1)) is amended by striking
``September 30, 2001'' and inserting ``December 31, 2001''.
(l) Force Reduction Transition Period Defined for Certain Guard and
Reserve Benefits.--Section 4411 of the National Defense Authorization
Act for Fiscal Year 1993 (10 U.S.C. 12681 note) is amended by striking
``September 30, 2001'' and inserting ``December 31, 2001''.
(m) Temporary Special Authority for Force Reduction Period
Retirements.--Section 4416(b)(1) of the National Defense Authorization
Act for Fiscal Year 1993 (10 U.S.C. 12681 note) is amended by striking
``October 1, 2001'' and inserting ``the end of the force reduction
period''.
(n) Retired Pay for Non-Regular Service.--(1) Section 12731(f) of
title 10, United States Code, is amended by striking ``September 30,
2001'' and inserting ``December 31, 2001''.
(2) Section 12731a of such title is amended--
(A) in subsection (a)(1)(B), by striking ``October 1, 2001'' and
inserting ``the end of the period described in subsection (b)''; and
(B) in subsection (b), by striking ``October 1, 2001'' and inserting
``December 31, 2001''.
(o) Affiliation With Guard and Reserve Units; Waiver of Certain
Limitations.--Section 1150(a) of such title is amended by striking
``September 30, 2001'' and inserting ``December 31, 2001''.
(p) Reserve Montgomery GI Bill.--Section 16133(b)(1)(B) of such title
is amended by striking ``September 30, 2001'' and inserting ``December
31, 2001''.
SEC. 572. VOLUNTARY SEPARATION INCENTIVE.
(a) Authority for Termination Upon Entitlement to Retired
Pay.--Section 1175(e)(3) of title 10, United States Code, is amended--
(1) inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following new subparagraph:
``(B) If a member is receiving simultaneous voluntary separation
incentive payments and retired or retainer pay, the member may elect to
terminate the receipt of voluntary separation incentive payments. Any
such election is permanent and irrevocable. The rate of monthly
recoupment from retired or retainer pay of voluntary separation
incentive payments received after such an election shall be reduced by a
percentage that is equal to a fraction with a denominator equal to the
number of months that the voluntary separation incentive payments were
scheduled to be paid and a numerator equal to the number of months that
would not be paid as a result of the member's decision to terminate the
voluntary separation incentive.''.
(b) Effective Date.--Subparagraph (B) of section 1175(e)(3) of title
10, United States Code, as added by subsection (a), shall apply with
respect to decisions by members to terminate voluntary separation
incentive payments under section 1175 of title 10, United States Code,
to be effective after September 30, 2000.
SEC. 573. CONGRESSIONAL REVIEW PERIOD FOR ASSIGNMENT OF WOMEN
TO DUTY ON SUBMARINES AND FOR ANY PROPOSED RECONFIGURATION OR DESIGN OF
SUBMARINES TO ACCOMMODATE FEMALE CREW MEMBERS.
(a) In General.--(1) Chapter 555 of title 10, United States Code, is
amended by adding at the end the following new section:
``6035. Female members: congressional review period for
assignment to duty on submarines or for reconfiguration of submarines
``(a) No change in the Department of the Navy policy limiting service
on submarines to males, as in effect on May 10, 2000, may take effect
until--
``(1) the Secretary of Defense submits to Congress written notice of
the proposed change; and
``(2) a period of 30 days of continuous session of Congress
(excluding any day on which either House of Congress is not in session)
expires following the date on which the notice is received.
``(b) No funds available to the Department of the Navy may be
expended to reconfigure any existing submarine, or to design any new
submarine, to accommodate female crew members until--
``(1) the Secretary of Defense submits to Congress written notice of
the proposed reconfiguration or design; and
``(2) a period of 30 days of continuous session of Congress
(excluding any day on which either House of Congress is not in session)
expires following the date on which the notice is received.
``(c) For purposes of this section, the continuity of a session of
Congress is broken only by an adjournment of the Congress sine die.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``6035. Female members: congressional review period for assignment
to duty on submarines or for reconfiguration of submarines.''.
(b) Conforming Amendment.--Section 542(a)(1) of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 113 note) is amended
by inserting ``or by section 6035 of title 10, United States Code''
after ``Except in a case covered by subsection (b)''.
SEC. 574. MANAGEMENT AND PER DIEM REQUIREMENTS FOR MEMBERS
SUBJECT TO LENGTHY OR NUMEROUS DEPLOYMENTS.
(a) Approving Authority for Lengthy Deployments of
Members.--Subsection (a) of section 991 of title 10, United States Code,
is amended--
(1) by striking ``unless an officer'' in the second sentence of
paragraph (1) and all that follows through the period at the end of that
sentence and inserting a period and the following: ``However, the member
may be deployed, or continued in a deployment, without regard to the
preceding sentence if such deployment, or continued deployment, is
approved--
``(A) in the case of a member who is assigned to a combatant command
in a position under the operational control of the officer in that
combatant command who is the service component commander for the members
of that member's armed force in that combatant command, by that officer;
and
``(B) in the case of a member not assigned as described in
subparagraph (A), by the service chief of that member's armed force (or,
if so designated by that service chief, by an officer of the same armed
force on active duty who is in the grade of general or admiral or who is
the personnel chief for that armed force).''; and
(2) by adding at the end the following new paragraph:
``(3) In paragraph (1)(B), the term `service chief' means the Chief
of Staff of the Army, the Chief of Naval Operations, the Chief of Staff
of the Air Force, or the Commandant of the Marine Corps.''.
(b) Clarification of Definition of Deployment.--Subsection (b) of
such section is amended--
(1) in paragraph (1), by inserting ``or homeport, as the case may
be'' before the period at the end;
(2) by redesignating paragraphs (2) and (3) as paragraphs (3) and
(4), respectively;
(3) by inserting after paragraph (1) the following new paragraph (2):
``(2) In the case of a member of a reserve component performing
active service, the member shall be considered deployed or in a
deployment for the purposes of paragraph (1) on any day on which,
pursuant to orders that do not establish a permanent change of station,
the member is performing the active service at a location that--
``(A) is not the member's permanent training site; and
``(B) is--
``(i) at least 100 miles from the member's permanent residence; or
``(ii) a lesser distance from the member's permanent residence that,
under the circumstances applicable to the member's travel, is a distance
that requires at least three hours of travel to traverse.''; and
(4) in paragraph (3), as redesignated by paragraph (2) of this
subsection--
(A) by striking ``or'' at the end of subparagraph (A);
(B) by striking the period at the end of subparagraph (B) and
inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(C) unavailable solely because of--
``(i) a hospitalization of the member at the member's permanent duty
station or homeport or in the immediate vicinity of the member's
permanent residence; or
``(ii) a disciplinary action taken against the member.''.
(c) Associated Per Diem Allowance.--Section 435 of title 37, United
States Code (as added to that title effective October 1, 2001, by
section 586(b) of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106 65; 113 Stat. 638)) is amended--
(1) in subsection (a), by striking ``251 days or more out of the
preceding 365 days'' and inserting ``401 or more days out of the
preceding 730 days''; and
(2) in subsection (b), by striking ``prescribed under paragraph
(3)'' and inserting ``prescribed under paragraph (4)''.
(d) Review of Management of Deployments of Individual Members.--Not
later than March 31, 2002, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the administration of section 991 of title
10, United States Code, during fiscal year 2001. The report shall
include--
(1) a discussion of the experience in tracking and recording the
deployments of members of the Armed Forces; and
(2) any recommendations for revision of such section that the
Secretary considers appropriate.
(e) Effective Date.--If this Act is enacted before October 1, 2000,
the amendments made by subsections (a) and (b) shall take effect on
October 1, 2000, immediately after the amendment made by section 586(a)
of the National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106 65; 113 Stat. 637) adding section 991 of title 10, United States
Code, to such title.
SEC. 575. PAY IN LIEU OF ALLOWANCE FOR FUNERAL HONORS DUTY.
(a) Compensation at Rate for Inactive-Duty Training.--(1) Section
115(b)(2) of title 32, United States Code, is amended to read as
follows:
``(2) as directed by the Secretary concerned, either--
``(A) the allowance under section 435 of title 37; or
``(B) compensation under section 206 of title 37.''.
(2) Section 12503(b)(2) of title 10, United States Code, is amended
to read as follows:
``(2) as directed by the Secretary concerned, either--
``(A) the allowance under section 435 of title 37; or
``(B) compensation under section 206 of title 37.''.
(b) Conforming Repeal.--Section 435 of title 37, United States Code,
is amended by striking subsection (c).
(c) Applicability.--The amendments made by this section shall apply
with respect to funeral honors duty performed on or after October 1,
2000.
SEC. 576. TEST OF ABILITY OF RESERVE COMPONENT INTELLIGENCE
UNITS AND PERSONNEL TO MEET CURRENT AND EMERGING DEFENSE INTELLIGENCE
NEEDS.
(a) Test Program Required.--(1) Beginning not later than June 1,
2001, the Secretary of Defense shall conduct a three-year test program
of reserve component intelligence units and personnel. The purpose of
the test program shall be--
(A) to determine the most effective peacetime structure and
operational employment of reserve component intelligence assets for
meeting current and future Department of Defense peacetime operational
intelligence requirements; and
(B) to establish a means to coordinate and transition that peacetime
intelligence operational support network into use for meeting wartime
requirements.
(2) The test program shall be carried out using the Joint Reserve
Intelligence Program and appropriate reserve component intelligence
units and personnel.
(3) In conducting the test program, the Secretary of Defense shall
expand the current Joint Reserve Intelligence Program as needed to meet
the objectives of the test program.
(b) Oversight Panel.--The Secretary shall establish an oversight
panel to structure the test program so as to achieve the objectives of
the test program, ensure proper funding for the test program, and
oversee the conduct and evaluation of the test program. The panel
members shall include--
(1) the Assistant Secretary of Defense for Command, Control,
Communications and Intelligence;
(2) the Assistant Secretary of Defense for Reserve Affairs; and
(3) representatives from the Defense Intelligence Agency, the Army,
Navy, Air Force, and Marine Corps, the Joint Staff, and the combatant
commands.
(c) Test Program Objectives.--The test program shall have the
following objectives:
(1) To identify the range of peacetime roles and missions that are
appropriate for reserve component intelligence units and personnel,
including the following missions: counterdrug, counterintelligence,
counterterrorism, information operations, information warfare, and other
emerging threats.
(2) To recommend a process for justifying and validating reserve
component intelligence force structure and manpower to support the
peacetime roles and missions identified under paragraph (1) and to
establish a means to coordinate and transition that peacetime
operational support network and structure into wartime requirements.
(3) To provide, pursuant to paragraphs (1) and (2), the basis for
new or revised intelligence and reserve component policy guidelines for
the peacetime use, organization, management, infrastructure, and funding
of reserve component intelligence units and personnel.
(4) To determine the most effective structure, organization,
manning, and management of Joint Reserve Intelligence Centers to enable
them to be both reserve training facilities and virtual collaborative
production facilities in support of Department of Defense peacetime
operational intelligence requirements.
(5) To determine the most effective uses of technology for virtual
collaborative intelligence operational support during peacetime and
wartime.
(6) To determine personnel and career management initiatives or
modifications that are required to improve the recruiting and retention
of personnel in the reserve component intelligence specialties and
occupational skills.
(7) To identify and make recommendations for the elimination of
statutory prohibitions and barriers to using reserve component
intelligence units and individuals to carry out peacetime operational
requirements.
(d) Reports.--The Secretary of Defense shall submit to Congress--
(1) interim reports on the status of the test program not later than
July 1, 2002, and July 1, 2003; and
(2) a final report, with such recommendations for changes as the
Secretary considers necessary, not later than December 1, 2004.
SEC. 577. NATIONAL GUARD CHALLENGE PROGRAM.
(a) Responsibility of Secretary of Defense.--Subsection (a) of
section 509 of title 32, United States Code, is amended by striking ``,
acting through the Chief of the National Guard Bureau,''.
(b) Sources of Federal Support.--Subsection (b) of such section is
amended--
(1) by inserting ``(1)'' before ``The Secretary of Defense'';
(2) by striking ``, except that Federal expenditures under the
program may not exceed $62,500,000 for any fiscal year''; and
(3) by adding at the end the following new paragraphs:
``(2) The Secretary shall carry out the National Guard Challenge
Program using--
``(A) funds appropriated directly to the Secretary of Defense for
the program, except that the amount of funds appropriated directly to
the Secretary and expended for the program in a fiscal year may not
exceed $62,500,000; and
``(B) nondefense funds made available or transferred to the
Secretary of Defense by other Federal agencies to support the program.
``(3) Federal funds made available or transferred to the Secretary of
Defense under paragraph (2)(B) by other Federal agencies to support the
National Guard Challenge Program may be expended for the program in
excess of the fiscal year limitation specified in paragraph (2)(A).''.
(c) Regulations.--Such section is further amended by adding at the
end the following new subsection:
``(m) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the National Guard Challenge Program. The
regulations shall address at a minimum the following:
``(1) The terms to be included in the program agreements required by
subsection (c).
``(2) The qualifications for persons to participate in the program,
as required by subsection (e).
``(3) The benefits authorized for program participants, as required
by subsection (f).
``(4) The status of National Guard personnel assigned to duty in
support of the program under subsection (g).
``(5) The conditions for the use of National Guard facilities and
equipment to carry out the program, as required by subsection (h).
``(6) The status of program participants, as described in subsection
(i).
``(7) The procedures to be used by the Secretary when communicating
with States about the program.''.
(d) Conforming Amendment.--Section 2033 of title 10, United States
Code, is amended by striking ``appropriated for'' and inserting
``appropriated directly to the Secretary of Defense for''.
SEC. 578. STUDY OF USE OF CIVILIAN CONTRACTOR PILOTS FOR
OPERATIONAL SUPPORT MISSIONS.
(a) Study.--The Secretary of Defense shall conduct a study to
determine the feasibility and cost, as well as the advantages and
disadvantages, of using civilian contractor personnel as pilots and
other air crew members to fly nonmilitary Government aircraft (referred
to as ``operational support aircraft'') to perform non-combat personnel
transportation missions worldwide. In carrying out the study, the
Secretary shall consider the views and recommendations of the Chairman
of the Joint Chiefs and the other members of the Joint Chiefs of Staff.
(b) Matters to Be Included.--The study shall, as a minimum--
(1) determine whether use of civilian contractor personnel as pilots
and other air crew members for such operational support missions would
be a cost effective means of freeing for duty in units with combat and
combat support missions those military pilots and other personnel who
now perform such operational support missions; and
(2) the effect on retention of military pilots and other personnel
if they are no longer required to fly operational support missions.
(c) Submission of Report.--The Secretary shall submit a report
containing the results of the study to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives not later than six months after the date of the
enactment of this Act.
SEC. 579. REIMBURSEMENT FOR EXPENSES INCURRED BY MEMBERS IN
CONNECTION WITH CANCELLATION OF LEAVE ON SHORT NOTICE.
(a) Reimbursement Authorized.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1053 the following new
section:
``1053a. Expenses incurred in connection with leave canceled
due to contingency operations: reimbursement
``(a) Authorization To Reimburse.--The Secretary concerned may
reimburse a member of the armed forces under the jurisdiction of the
Secretary for travel and related expenses (to the extent not otherwise
reimbursable under law) incurred by the member as a result of the
cancellation of previously approved leave when the leave is canceled in
connection with the member's participation in a contingency operation
and the cancellation occurs within 48 hours of the time the leave would
have commenced.
``(b) Regulations.--The Secretary of Defense shall prescribe
regulations to establish the criteria for the applicability of
subsection (a).
``(c) Conclusiveness of Settlement.--The settlement of an application
for reimbursement under subsection (a) is final and conclusive.''.
(b) Effective Date.--Section 1053a of title 10, United States Code,
as added by subsection (a) shall apply with respect to any travel and
related expenses incurred by a member in connection with leave canceled
after the date of the enactment of this Act.
(c) Conforming and Clerical Amendments.--(1) The heading of section
1052 of such title is amended to read as follows:
``1052. Adoption expenses: reimbursement''.
(2) The heading of section 1053 of such title is amended to read as
follows:
``1053. Financial institution charges incurred because of
Government error in direct deposit of pay: reimbursement''.
(3) The table of sections at the beginning of chapter 53 of such
title is amended by striking the items relating to sections 1052 and
1053 and inserting the following:
``1052. Adoption expenses: reimbursement.
``1053. Financial institution charges incurred because of
Government error in direct deposit of pay: reimbursement.
``1053a. Expenses incurred in connection with leave canceled due
to contingency operations: reimbursement.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
SUBTITLE A--PAY AND ALLOWANCES
Sec. 601. Increase in basic pay for fiscal year 2001.
Sec. 602. Additional restructuring of basic pay rates for enlisted
members.
Sec. 603. Revised method for calculation of basic allowance for
subsistence.
Sec. 604. Family subsistence supplemental allowance for low-income
members of the Armed Forces.
Sec. 605. Basic allowance for housing.
Sec. 606. Additional amount available for fiscal year 2001
increase in basic allowance for housing inside the United States.
Sec. 607. Equitable treatment of junior enlisted members in
computation of basic allowance for housing.
Sec. 608. Eligibility of members in grade E 4 to receive basic
allowance for housing while on sea duty.
Sec. 609. Personal money allowance for senior enlisted members of
the Armed Forces.
Sec. 610. Increased uniform allowances for officers.
Sec. 611. Cabinet-level authority to prescribe requirements and
allowance for clothing of enlisted members.
Sec. 612. Increase in monthly subsistence allowance for members of
precommissioning programs.
SUBTITLE B--BONUSES AND SPECIAL AND INCENTIVE PAYS
Sec. 621. Extension of certain bonuses and special pay authorities
for reserve forces.
Sec. 622. Extension of certain bonuses and special pay authorities
for nurse officer candidates, registered nurses, and nurse anesthetists.
Sec. 623. Extension of authorities relating to payment of other
bonuses and special pays.
Sec. 624. Revision of enlistment bonus authority.
Sec. 625. Consistency of authorities for special pay for reserve
medical and dental officers.
Sec. 626. Elimination of required congressional notification
before implementation of certain special pay authority.
Sec. 627. Special pay for physician assistants of the Coast Guard.
Sec. 628. Authorization of special pay and accession bonus for
pharmacy officers.
Sec. 629. Correction of references to Air Force veterinarians.
Sec. 630. Career sea pay.
Sec. 631. Increased maximum rate of special duty assignment pay.
Sec. 632. Entitlement of members of the National Guard and other
reserves not on active duty to receive special duty assignment pay.
Sec. 633. Authorization of retention bonus for members of the
Armed Forces qualified in a critical military skill.
Sec. 634. Entitlement of active duty officers of the Public Health
Service Corps to special pays and bonuses of health professional
officers of the Armed Forces.
SUBTITLE C--TRAVEL AND TRANSPORTATION ALLOWANCES
Sec. 641. Advance payments for temporary lodging of members and
dependents.
Sec. 642. Additional transportation allowance regarding baggage
and household effects.
Sec. 643. Incentive for shipping and storing household goods in
less than average weights.
Sec. 644. Equitable dislocation allowances for junior enlisted members.
Sec. 645. Authority to reimburse military recruiters, Senior ROTC
cadre, and military entrance processing personnel for certain parking
expenses.
Sec. 646. Expansion of funded student travel for dependents.
SUBTITLE D--RETIREMENT AND SURVIVOR BENEFIT MATTERS
Sec. 651. Exception to high-36 month retired pay computation for
members retired following a disciplinary reduction in grade.
Sec. 652. Increase in maximum number of Reserve retirement points
that may be credited in any year.
Sec. 653. Retirement from active reserve service after regular
retirement.
Sec. 654. Same treatment for Federal judges as for other Federal
officials regarding payment of military retired pay.
Sec. 655. Reserve component Survivor Benefit Plan spousal consent
requirement.
Sec. 656. Sense of Congress on increasing Survivor Benefit Plan
annuities for surviving spouses age 62 or older.
Sec. 657. Revision to special compensation authority to repeal
exclusion of uniformed services retirees in receipt of disability
retired pay.
SUBTITLE E--OTHER MATTERS
Sec. 661. Participation in Thrift Savings Plan.
Sec. 662. Determinations of income eligibility for special
supplemental food program.
Sec. 663. Billeting services for reserve members traveling for
inactive-duty training.
Sec. 664. Settlement of claims for payments for unused accrued
leave and for retired pay.
Sec. 665. Additional benefits and protections for personnel
incurring injury, illness, or disease in the performance of funeral
honors duty.
Sec. 666. Authority for extension of deadline for filing claims
associated with capture and internment of certain persons by North
Vietnam.
Sec. 667. Back pay for members of the Navy and Marine Corps
selected for promotion while interned as prisoners of war during World
War II.
Sec. 668. Sense of Congress concerning funding for reserve components.
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2001.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2001 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized members
of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2001, the rates
of monthly basic pay for members of the uniformed services are increased
by 3.7 percent.
SEC. 602. ADDITIONAL RESTRUCTURING OF BASIC PAY RATES FOR
ENLISTED MEMBERS.
(a) Minimum Pay Increases for Mid-Level Enlisted Grades.--(1) Subject
to paragraph (2), effective on July 1, 2001, the rates of monthly basic
pay for enlisted members of the Armed Forces in the pay grades E 7, E 6,
and E 5 shall be as follows:
ENLISTED MEMBERS
Years of service computed under section 205 of title 37, United States Code
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
7 1,831.20 1,999.20 2,075.10 2,149.80 2,228.10
6 1,575.00 1,740.30 1,817.40 1,891.80 1,969.80
5 1,381.80 1,549.20 1,623.90 1,701.00 1,779.30
----------- ----------- ----------- ----------- -----------
Over 8 Over 10 Over 12 Over 14 Over 16
----------- ----------- ----------- ----------- -----------
7 2,362.20 2,437.80 2,512.80 2,588.10 2,666.10
6 2,097.30 2,174.10 2,248.80 2,325.00 2,379.60
5 1,888.50 1,962.90 2,040.30 2,040.30 2,040.30
----------- ----------- ----------- ----------- -----------
Over 18 Over 20 Over 22 Over 24 Over 26
----------- ----------- ----------- ----------- -----------
7 2,742.00 2,817.90 2,949.60 3,034.80 3,250.50
6 2,421.30 2,421.30 2,421.30 2,421.30 2,421.30
5 2,040.30 2,040.30 2,040.30 2,040.30 2,040.30
(2) The amounts specified in the table in paragraph (1) are subject
to such revision as the Secretary of Defense and the Secretary of
Transportation may prescribe under subsection (b)(1)(A).
(b) Secretarial Authority to Further Revise.--(1) To ensure the
efficient and effective operation of the military pay system, the
Secretary of Defense, and the Secretary of Transportation with regard to
the Coast Guard, may--
(A) further increase any of the amounts specified in the table in
subsection (a) for enlisted members of the Armed Forces in the pay
grades E 7, E 6, and E 5; and
(B) increase any of the amounts specified for other enlisted members
in the table under the heading ``ENLISTED MEMBERS'' in section 601(c) of
the National Defense Authorization Act for Fiscal Year 2000 (Public Law
106 65; 113 Stat. 648), as adjusted on January 1, 2001, pursuant to
section 601(b) of this Act.
(2) The revisions in monthly basic pay made by the Secretary of
Defense and the Secretary of Transportation under paragraph (1) shall
take effect on July 1, 2001, but only if the Secretaries also comply
with paragraph (3).
(3) If the Secretary of Defense or the Secretary of Transportation
exercises the authority provided by paragraph (1), the Secretaries shall
include, in the budget justification materials submitted to Congress in
support of the President's budget submitted under section 1105 of title
31, United States Code, for fiscal year 2002--
(A) a revised pay table for enlisted members of the Armed Forces to
reflect the increases in monthly basic pay to take effect on July 1,
2001; and
(B) a description of the various increases made and the reasons
therefor.
SEC. 603. REVISED METHOD FOR CALCULATION OF BASIC ALLOWANCE
FOR SUBSISTENCE.
(a) Annual Revision of Rate.--Subsection (b) of section 402 of title
37, United States Code, is amended--
(1) in paragraph (1), by striking ``The monthly rate'' and inserting
``Through December 31, 2001, the monthly rate'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new paragraph:
``(2) On and after January 1, 2002, the monthly rate of basic
allowance for subsistence to be in effect for an enlisted member for a
year (beginning on January 1 of that year) shall be equal to the sum
of--
``(A) the monthly rate of basic allowance for subsistence that was
in effect for an enlisted member for the preceding year; plus
``(B) the product of the monthly rate under subparagraph (A) and the
percentage increase in the monthly cost of a liberal food plan for a
male in the United States who is between 20 and 50 years of age over the
preceding fiscal year, as determined by the Secretary of Agriculture
each October 1.''.
(b) Conforming Amendment.--Subsection (d)(1) of such section is
amended by striking ``established under subsection (b)(1)'' and
inserting ``in effect under paragraph (1) or (2) of subsection (b)''.
(c) Early Termination of BAS Transitional Authority.--Effective
October 1, 2001, subsections (c) through (f) of section 602 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105
85; 37 U.S.C. 402 note) are repealed.
SEC. 604. FAMILY SUBSISTENCE SUPPLEMENTAL ALLOWANCE FOR
LOW-INCOME MEMBERS OF THE ARMED FORCES.
(a) Supplemental Allowance Required.--(1) Chapter 7 of title 37,
United States Code, is amended by inserting after section 402 the
following new section:
``402a. Supplemental subsistence allowance for low-income
members with dependents
``(a) Supplemental Allowance Required.--(1) The Secretary concerned
shall increase the basic allowance for subsistence to which a member of
the armed forces described in subsection (b) is otherwise entitled under
section 402 of this title by an amount (in this section referred to as
the `supplemental subsistence allowance') designed to remove the
member's household from eligibility for benefits under the food stamp
program.
``(2) The supplemental subsistence allowance may not exceed $500 per
month. In establishing the amount of the supplemental subsistence
allowance to be paid an eligible member under this paragraph, the
Secretary shall take into consideration the amount of the basic
allowance for housing that the member receives under section 403 of this
title or would otherwise receive under such section, in the case of a
member who is not entitled to that allowance as a result of assignment
to quarters of the United States or a housing facility under the
jurisdiction of a uniformed service.
``(3) In the case of a member described in subsection (b) who
establishes to the satisfaction of the Secretary concerned that the
allotment of the member's household under the food stamp program,
calculated in the absence of the supplemental subsistence allowance,
would exceed the amount established by the Secretary concerned under
paragraph (2), the amount of the supplemental subsistence allowance for
the member shall be equal to the lesser of the following:
``(A) The value of that allotment.
``(B) $500.
``(b) Members Entitled to Allowance.--(1) Subject to subsection (d),
a member of the armed forces is entitled to receive the supplemental
subsistence allowance if the Secretary concerned determines that the
member's income, together with the income of the rest of the member's
household (if any), is within the highest income standard of
eligibility, as then in effect under section 5(c) of the Food Stamp Act
of 1977 (7 U.S.C. 2014(c)) and without regard to paragraph (1) of such
section, for participation in the food stamp program.
``(2) In determining whether a member meets the eligibility criteria
under paragraph (1), the Secretary--
``(A) shall not take into consideration the amount of the
supplemental subsistence allowance payable under this section; but
``(B) shall take into consideration the amount of the basic
allowance for housing that the member receives under section 403 of this
title or would otherwise receive under such section, in the case of a
member who is not entitled to that allowance as a result of assignment
to quarters of the United States or a housing facility under the
jurisdiction of a uniformed service.
``(c) Application for Allowance.--To request the supplemental
subsistence allowance, a member shall submit an application to the
Secretary concerned in such form and containing such information as the
Secretary concerned may prescribe. A member applying for the
supplemental subsistence allowance shall furnish such evidence regarding
the member's satisfaction of the eligibility criteria under subsection
(b) as the Secretary concerned may require.
``(d) Effective Period.--The entitlement of a member to receive the
supplemental subsistence allowance terminates upon the occurrence of any
of the following events, even though the member continues to meet the
eligibility criteria described in subsection (b):
``(1) Payment of the supplemental subsistence allowance for 12
consecutive months.
``(2) Promotion of the member to a higher grade.
``(3) Transfer of the member in a permanent change of station.
``(e) Reapplication.--Upon the termination of the effective period of
the supplemental subsistence allowance for a member, or in anticipation
of the imminent termination of the allowance, a member may reapply for
the allowance under subsection (c), and the Secretary concerned shall
approve the application and resume payment of the allowance to the
member, if the member continues to meet, or once again meets, the
eligibility criteria described in subsection (b).
``(f) Reporting Requirement.--Not later than March 1 of each year
after 2001, the Secretary of Defense shall submit to Congress a report
specifying the number of members of the armed forces who received, at
any time during the preceding year, the supplemental subsistence
allowance. In preparing the report, the Secretary of Defense shall
consult with the Secretary of Transportation. No report is required
under this subsection after March 1, 2006.
``(g) Definitions.--In this section:
``(1) The term `Secretary concerned' means--
``(A) the Secretary of Defense; and
``(B) the Secretary of Transportation, with respect to the Coast
Guard when it is not operating as a service in the Navy.
``(2) The terms `allotment' and `household' have the meanings given
those terms in section 3 of the Food Stamp Act of 1977 (7 U.S.C. 2012).
``(3) The term `food stamp program' means the program established
pursuant to section 4 of the Food Stamp Act of 1977 (7 U.S.C. 2013).
``(h) Termination of Authority.--No supplemental subsistence
allowance may be provided under this section after September 30,
2006.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 402 the following:
``402a. Supplemental subsistence allowance for low-income members
with dependents.''.
(b) Effective Date.--Section 402a of title 37, United States Code, as
added by subsection (a), shall take effect on the first day of the first
month that begins not less than 180 days after the date of the enactment
of this Act.
SEC. 605. BASIC ALLOWANCE FOR HOUSING.
(a) Calculation of Rates.--Subsection (b) of section 403 of title 37,
United States Code, is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraph (1) as paragraph (2); and
(3) by inserting after the subsection heading the following: ``(1)
The Secretary of Defense shall prescribe the rates of the basic
allowance for housing that are applicable for the various military
housing areas in the United States. The rates for an area shall be based
on the costs of adequate housing determined for the area under paragraph
(2).''.
(b) Minimum Annual Amount Available for Housing
Allowances.--Subsection (b) of such section is further amended--
(1) by striking paragraphs (3) and (5); and
(2) by inserting after paragraph (2) the following new paragraph:
``(3) The total amount that may be paid for a fiscal year for the
basic allowance for housing under this subsection may not be less than
the product of--
``(A) the total amount authorized to be paid for such allowance for
the preceding fiscal year; and
``(B) a fraction--
``(i) the numerator of which is the index of the national average
monthly cost of housing for June of the preceding fiscal year; and
``(ii) the denominator of which is the index of the national average
monthly cost of housing for June of the second preceding fiscal year.''.
(c) Limitations on Reduction in Member's Allowance.--(1) Paragraph
(6) of such subsection is amended by striking ``, changes in the
national average monthly cost of housing,''.
(2) Paragraph (7) of such subsection is amended by striking ``without
dependents''.
(d) Allowance When Dependents Are Unable To Accompany
Members.--Subsection (d) of such section is amended by striking
paragraph (3) and inserting the following new paragraph:
``(3) If a member with dependents is assigned to duty in an area that
is different from the area in which the member's dependents reside, the
member is entitled to a basic allowance for housing as provided in
subsection (b) or (c), whichever applies to the member, subject to the
following:
``(A) If the member's assignment to duty in that area, or the
circumstances of that assignment, require the member's dependents to
reside in a different area, as determined by the Secretary concerned,
the amount of the basic allowance for housing for the member shall be
based on the area in which the dependents reside or the member's last
duty station, whichever the Secretary concerned determines to be most
equitable.
``(B) If the member's assignment to duty in that area is under the
conditions of a low-cost or no-cost permanent change of station or
permanent change of assignment, the amount of the basic allowance for
housing for the member shall be based on the member's last duty station
if the Secretary concerned determines that it would be inequitable to
base the allowance on the cost of housing in the area to which the
member is reassigned.''.
(e) Extension of Transition Period.--Section 603(b) of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105 85; 37
U.S.C. 403 note) is amended by striking ``six years'' and inserting
``eight years''.
(f) Effective Date; Application.--(1) The amendments made by this
section shall take effect on October 1, 2000.
(2) In the case of the amendment made by subsection (c)(2), the
amendment shall apply with respect to pay periods beginning on and after
October 1, 2000, for a member of the uniformed services covered by the
provision of law so amended regardless of the date on which the member
was first reassigned to duty under the conditions of a low-cost or
no-cost permanent change of station or permanent change of assignment.
(3) In the case of the amendment made by subsection (d), the
amendment shall apply with respect to pay periods beginning on and after
October 1, 2000, for a member of the uniformed services covered by the
provision of law so amended regardless of the date on which the member
was first assigned to duty in an area that is different from the area in
which the member's dependents reside.
SEC. 606. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL YEAR 2001
INCREASE IN BASIC ALLOWANCE FOR HOUSING INSIDE THE UNITED STATES.
In addition to the amount determined by the Secretary of Defense
under section 403(b)(3) of title 37, United States Code, as amended by
section 605(b), to be the total amount to be paid during fiscal year
2001 for the basic allowance for housing for military housing areas
inside the United States, $30,000,000 of the amount authorized to be
appropriated by section 421 for military personnel shall be used by the
Secretary to further increase the total amount available for the basic
allowance for housing for military housing areas inside the United
States.
SEC. 607. EQUITABLE TREATMENT OF JUNIOR ENLISTED MEMBERS IN
COMPUTATION OF BASIC ALLOWANCE FOR HOUSING.
(a) Determination of Costs of Adequate Housing.--Paragraph (2) of
subsection (b) of section 403 of title 37, United States Code, as
redesignated by section 605(a)(2), is amended by adding at the end the
following new sentence: ``After June 30, 2001, the Secretary may not
differentiate between members with dependents in pay grades E 1 through
E 4 in determining what constitutes adequate housing for members.''.
(b) Single Rate; Minimum.--Subsection (b) of such section, as amended
by section 605(b)(1), is amended by inserting after paragraph (4) the
following new paragraph:
``(5) On and after July 1, 2001, the Secretary of Defense shall
establish a single monthly rate for members of the uniformed services
with dependents in pay grades E 1 through E 4 in the same military
housing area. The rate shall be consistent with the rates paid to
members in pay grades other than pay grades E 1 through E 4 and shall be
based on the following:
``(A) The average cost of a two-bedroom apartment in that military
housing area.
``(B) One-half of the difference between the average cost of a
two-bedroom townhouse in that area and the amount determined in
subparagraph (A).''.
SEC. 608. ELIGIBILITY OF MEMBERS IN GRADE E 4 TO RECEIVE BASIC
ALLOWANCE FOR HOUSING WHILE ON SEA DUTY.
(a) Payment Authorized.--Subsection (f)(2)(B) of section 403 of title
37, United States Code, is amended--
(1) by striking ``E 5'' in the first sentence and inserting ``E 4 or
E 5''; and
(2) by striking ``grade E 5'' in the second sentence and inserting
``grades E 4 and E 5''.
(b) Conforming Amendment.--Subsection (m)(1)(B) of such section is
amended by striking ``E 4'' and inserting ``E 3''.
SEC. 609. PERSONAL MONEY ALLOWANCE FOR SENIOR ENLISTED MEMBERS
OF THE ARMED FORCES.
(a) Authority.--Section 414 of title 37, United States Code, is
amended by adding at the end the following new subsection:
``(c) Allowance for Senior Enlisted Members.--In addition to other
pay or allowances authorized by this title, a noncommissioned officer is
entitled to a personal money allowance of $2,000 a year while serving as
the Sergeant Major of the Army, the Master Chief Petty Officer of the
Navy, the Chief Master Sergeant of the Air Force, the Sergeant Major of
the Marine Corps, or the Master Chief Petty Officer of the Coast
Guard.''.
(b) Stylistic Amendments.--Such section is further amended--
(1) in subsection (a), by inserting `` Allowance for Officers
Serving in Certain Ranks or Positions.--'' after ``(a)''; and
(2) in subsection (b), by inserting `` Allowance for Certain Naval
Officers.--'' after ``(b)''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000.
SEC. 610. INCREASED UNIFORM ALLOWANCES FOR OFFICERS.
(a) Initial Allowance.--Section 415(a) of title 37, United States
Code, is amended by striking ``$200'' and inserting ``$400''.
(b) Additional Allowance.--Section 416(a) of such title is amended by
striking ``$100'' and inserting ``$200''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000.
SEC. 611. CABINET-LEVEL AUTHORITY TO PRESCRIBE REQUIREMENTS
AND ALLOWANCE FOR CLOTHING OF ENLISTED MEMBERS.
Section 418 of title 37, United States Code, is amended--
(1) in subsection (a), by striking ``The President'' and inserting
``The Secretary of Defense and the Secretary of Transportation, with
respect to the Coast Guard when it is not operating as a service in the
Navy,''; and
(2) in subsection (b), by striking ``the President'' and inserting
``the Secretary of Defense''.
SEC. 612. INCREASE IN MONTHLY SUBSISTENCE ALLOWANCE FOR
MEMBERS OF PRECOMMISSIONING PROGRAMS.
(a) Pay Rates for Cadets and Midshipmen.--Section 203(c) of title 37,
United States Code, is amended by striking ``at the rate of $600.00.''
and inserting ``at the monthly rate equal to 35 percent of the basic pay
of a commissioned officer in the pay grade O 1 with less than two years
of service.''.
(b) Subsistence Allowance Rates.--Subsection (a) of section 209 of
such title is amended--
(1) by inserting ``(1)'' before ``Except'';
(2) by striking ``subsistence allowance of $200 a month'' and
inserting ``monthly subsistence allowance at a rate prescribed under
paragraph (2)'';
(3) by striking ``Subsistence'' and inserting the following:
``(3) A subsistence''; and
(4) by inserting after the first sentence the following:
``(2) The Secretary of Defense shall prescribe by regulation the
monthly rates for subsistence allowances provided under this section.
The rate may not be less than $250 per month, but may not exceed $674
per month.''.
(c) Conforming and Stylistic Amendments.--Section 209 of such title
is further amended--
(1) in subsection (a), by inserting `` Senior ROTC Members in
Advanced Training.--'' after ``(a)'';
(2) in subsection (b)--
(A) by inserting `` Senior ROTC Members Appointed in Reserves.--''
after ``(b)''; and
(B) by striking ``in the amount provided in subsection (a)'' and
inserting ``at a rate prescribed under subsection (a)'';
(3) in subsection (c), by inserting `` Pay While Attending Training
or Practice Cruise.--'' after ``(c)'' the first place it appears; and
(4) in subsection (d)--
(A) by inserting `` Members of Marine Corps Officer Candidate
Program.--'' after ``(d)''; and
(B) by striking ``the same rate as that prescribed by subsection
(a),'' and inserting ``a monthly rate prescribed under subsection (a)''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect October 1, 2001.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 621. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically Short Wartime
Specialties.--Section 302g(f) of title 37, United States Code, is
amended by striking ``December 31, 2000'' and inserting ``December 31,
2001''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of such
title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of such title
is amended by striking ``December 31, 2000'' and inserting ``December
31, 2001''.
(d) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2000'' and inserting ``December 31, 2001''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section 308h(g)
of such title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of such title is
amended by striking ``December 31, 2000'' and inserting ``December 31,
2001''.
(h) Repayment of Education Loans for Certain Health Professionals Who
Serve in the Selected Reserve.--Section 16302(d) of title 10, United
States Code, is amended by striking ``January 1, 2001'' and inserting
``January 1, 2002''.
SEC. 622. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE
ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2000'' and inserting ``December 31, 2001''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2000'' and inserting ``December 31, 2001''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section 302e(a)(1)
of title 37, United States Code, is amended by striking ``December 31,
2000'' and inserting ``December 31, 2001''.
SEC. 623. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2000,'' and
inserting ``December 31, 2001,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(c) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of such title is amended by striking
``December 31, 2000'' and inserting ``December 31, 2001''.
(d) Nuclear Career Accession Bonus.--Section 312b(c) of such title is
amended by striking ``December 31, 2000'' and inserting ``December 31,
2001''.
(e) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
SEC. 624. REVISION OF ENLISTMENT BONUS AUTHORITY.
(a) Bonus Authorized.--(1) Title 37, United States Code, is amended
by inserting after section 308i the following new section:
``309. Special pay: enlistment bonus
``(a) Bonus Authorized; Bonus Amount.--A person who enlists in an
armed force for a period of at least 2 years may be paid a bonus in an
amount not to exceed $20,000. The bonus may be paid in a single lump sum
or in periodic installments.
``(b) Repayment of Bonus.--(1) A member of the armed forces who
voluntarily, or because of the member's misconduct, does not complete
the term of enlistment for which a bonus was paid under this section, or
a member who is not technically qualified in the skill for which the
bonus was paid, if any (other than a member who is not qualified because
of injury, illness, or other impairment not the result of the member's
misconduct), shall refund to the United States that percentage of the
bonus that the unexpired part of member's enlistment is of the total
enlistment period for which the bonus was paid.
``(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of an enlistment for which a bonus
was paid under this section does not discharge the person receiving the
bonus from the debt arising under paragraph (1).
``(c) Relation to Prohibition on Bounties.--The enlistment bonus
authorized by this section is not a bounty for purposes of section
514(a) of title 10.
``(d) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of Defense for the armed forces
under the jurisdiction of the Secretary of Defense and by the Secretary
of Transportation for the Coast Guard when the Coast Guard is not
operating as a service in the Navy.
``(e) Duration of Authority.--No bonus shall be paid under this
section with respect to any enlistment in the armed forces made after
December 31, 2001.''.
(2) The table of sections at the beginning of chapter 5 of such title
is amended by inserting after the item relating to section 308i the
following new item:
``309. Special pay: enlistment bonus.''.
(b) Repeal of Superseded Enlistment Bonus Authorities.--(1) Sections
308a and 308f of title 37, United States Code, are repealed.
(2) The table of sections at the beginning of chapter 5 of such title
is amended by striking the items relating to such sections.
(c) Effective Date.--(1) The amendments made by subsection (a) shall
take effect on October 1, 2000, and apply
with respect to enlistments in the Armed Forces made on or
after that date.
(2) The amendments made by subsection (b) shall take effect on
October 1, 2000. The repeal of sections 308a and 308f of title 37,
United States Code, by such subsection shall not affect the validity or
terms of any bonus provided under such sections for enlistments in the
Armed Forces made before that date.
SEC. 625. CONSISTENCY OF AUTHORITIES FOR SPECIAL PAY FOR
RESERVE MEDICAL AND DENTAL OFFICERS.
(a) Consistent Descriptions of Active Duty.--Section 302(h)(1) of
title 37, United States Code, is amended by inserting before the period
at the end the following: ``, including active duty in the form of
annual training, active duty for training, and active duty for special
work''.
(b) Relation to Other Special Pay Authorities.--Subsection (d) of
section 302f of such title is amended to read as follows:
``(d) Special Rule for Reserve Medical and Dental Officers.--While a
reserve medical or dental officer receives a special pay under section
302 or 302b of this title by reason of subsection (a), the officer shall
not be entitled to special pay under section 302(h) or 302b(h) of this
title.''.
SEC. 626. ELIMINATION OF REQUIRED CONGRESSIONAL NOTIFICATION
BEFORE IMPLEMENTATION OF CERTAIN SPECIAL PAY AUTHORITY.
(a) Retention Special Pay for Optometrists.--(1) Section 302a(b)(1)
of title 37, United States Code, is amended by striking ``an officer
described in paragraph (2) may be paid'' and inserting ``the Secretary
concerned may pay an officer described in paragraph (2) a''.
(2) Section 617 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101 510; 10 U.S.C. 302a note) is amended by
striking subsection (b).
(b) Special Pay for Officers in Nursing Specialties.--(1) Section
302e(b)(2)(A) of title 37, United States Code, is amended by striking
``the Secretary'' and inserting ``the Secretary of the military
department concerned''.
(2) Section 614 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101 510; 10 U.S.C. 302e note) is amended by
striking subsection (c).
SEC. 627. SPECIAL PAY FOR PHYSICIAN ASSISTANTS OF THE COAST GUARD.
Section 302c(d)(1) of title 37, United States Code, is amended by
inserting after ``nurse,'' the following: ``an officer of the Coast
Guard or Coast Guard Reserve designated as a physician assistant,''.
SEC. 628. AUTHORIZATION OF SPECIAL PAY AND ACCESSION BONUS FOR
PHARMACY OFFICERS.
(a) Authorization of Special Pay and Bonus.--Chapter 5 of title 37,
United States Code, is amended by inserting after section 302h the
following new sections:
``302i. Special pay: pharmacy officers
``(a) Army, Navy, and Air Force Pharmacy Officers.--Under regulations
prescribed pursuant to section 303a of this title, the Secretary of the
military department concerned may, subject to subsection (c), pay
special pay at the rates specified in subsection (d) to an officer who--
``(1) is a pharmacy officer in the Medical Service Corps of the Army
or Navy or the Biomedical Sciences Corps of the Air Force; and
``(2) is on active duty under a call or order to active duty for a
period of not less than one year.
``(b) Public Health Service Corps.--Subject to subsection (c), the
Secretary of Health and Human Services may pay special pay at the rates
specified in subsection (d) to an officer who--
``(1) is an officer in the Regular or Reserve Corps of the Public
Health Service and is designated as a pharmacy officer; and
``(2) is on active duty under a call or order to active duty for a
period of not less than one year.
``(c) Limitation.--Special pay may not be paid under this section to
an officer serving in a pay grade above pay grade O 6.
``(d) Rate of Special Pay.--The rate of special pay paid to an
officer under subsection (a) or (b) is as follows:
``(1) $3,000 per year, if the officer is undergoing pharmacy
internship training or has less than 3 years of creditable service.
``(2) $7,000 per year, if the officer has at least 3 but less than 6
years of creditable service and is not undergoing pharmacy internship
training.
``(3) $7,000 per year, if the officer has at least 6 but less than 8
years of creditable service.
``(4) $12,000 per year, if the officer has at least 8 but less than
12 years of creditable service.
``(5) $10,000 per year, if the officer has at least 12 but less than
14 years of creditable service.
``(6) $9,000 per year, if the officer has at least 14 but less than
18 years of creditable service.
``(7) $8,000 per year, if the officer has 18 or more years of
creditable service.
``302j. Special pay: accession bonus for pharmacy officers
``(a) Accession Bonus Authorized.--A person who is a graduate of an
accredited pharmacy school and who, during the period beginning on the
date of the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 and ending on September 30, 2004,
executes a written agreement described in subsection (c) to accept a
commission as an officer of a uniformed service and remain on active
duty for a period of not less than 4 years may, upon acceptance of the
agreement by the Secretary concerned, be paid an accession bonus in an
amount determined by the Secretary concerned.
``(b) Limitation on Amount of Bonus.--The amount of an accession
bonus under subsection (a) may not exceed $30,000.
``(c) Limitation on Eligibility for Bonus.--A person may not be paid
a bonus under subsection (a) if--
``(1) the person, in exchange for an agreement to accept an
appointment as a warrant or commissioned officer, received financial
assistance from the Department of Defense or the Department of Health
and Human Services to pursue a course of study in pharmacy; or
``(2) the Secretary concerned determines that the person is not
qualified to become and remain licensed as a pharmacist.
``(d) Agreement.--The agreement referred to in subsection (a) shall
provide that, consistent with the needs of the uniformed service
concerned, the person executing the agreement shall be assigned to duty,
for the period of obligated service covered by the agreement, as a
pharmacy officer in the Medical Service Corps of the Army or Navy, a
biomedical sciences officer in the Air Force designated as a pharmacy
officer, or a pharmacy officer of the Public Health Service.
``(e) Repayment.--(1) An officer who receives a payment under
subsection (a) and who fails to become and remain licensed as a
pharmacist during the period for which the payment is made shall refund
to the United States an amount equal to the full amount of such payment.
``(2) An officer who voluntarily terminates service on active duty
before the end of the period agreed to be served under subsection (a)
shall refund to the United States an amount that bears the same ratio to
the amount paid to the officer as the unserved part of such period bears
to the total period agreed to be served.
``(3) An obligation to reimburse the United States under paragraph
(1) or (2) is for all purposes a debt owed to the United States.
``(4) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of an agreement under this section
does not discharge the person signing such agreement from a debt arising
under such agreement or this subsection. This paragraph applies to any
case commenced under title 11 after the date of the enactment of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001.''.
(b) Administration.--Section 303a of title 37, United States Code, is
amended by striking ``302h'' each place it appears and inserting
``302j''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of such title is amended by inserting after the item relating
to section 302h the following new items:
``302i. Special pay: pharmacy officers.
``302j. Special pay: accession bonus for pharmacy officers.''.
SEC. 629. CORRECTION OF REFERENCES TO AIR FORCE VETERINARIANS.
Section 303(a) of title 37, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``who is designated as a
veterinary officer'' and inserting ``who is an officer in the Biomedical
Sciences Corps and holds a degree in veterinary medicine''; and
(2) in paragraph (2), by striking subparagraph (B) and inserting the
following:
``(B) of a reserve component of the Air Force, of the Army or the
Air Force without specification of component, or of the National Guard,
who--
``(i) is designated as a veterinary officer; or
``(ii) is an officer in the Biomedical Sciences Corps of the Air
Force and holds a degree in veterinary medicine; or''.
SEC. 630. CAREER SEA PAY.
(a) Reform of Authorities.--Section 305a of title 37, United States
Code, is amended--
(1) in subsection (a), by striking ``(a) Under regulations
prescribed by the President, a member'' and inserting ``(a) Availability
of Special Pay.--A member'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by striking subsections (b) and (c) and inserting the following
new subsections:
``(b) Rates; Maximum.--The Secretary concerned shall prescribe the
monthly rates for special pay applicable to members of each armed force
under the Secretary's jurisdiction. No monthly rate may exceed $750.
``(c) Premium.--A member of a uniformed service entitled to career
sea pay under this section who has served 36 consecutive months of sea
duty is also entitled to a career sea pay premium for the thirty-seventh
consecutive month and each subsequent consecutive month of sea duty
served by such member. The monthly amount of the premium shall be
prescribed by the Secretary concerned, but may not exceed $350.
``(d) Regulations.--The Secretary concerned shall prescribe
regulations for the administration of this section for the armed force
or armed forces under the jurisdiction of the Secretary. The
entitlements under this section shall be subject to the regulations.''.
(b) Stylistic Amendment.--Subsection (e) of such section, as
redesignated by subsection (a)(2), is amended by inserting before
``(1)'' in paragraph (1) the following: `` Definition of Sea Duty.--''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000, and shall apply with respect to months
beginning on or after that date.
SEC. 631. INCREASED MAXIMUM RATE OF SPECIAL DUTY ASSIGNMENT PAY.
Section 307(a) of title 37, United States Code, is amended--
(1) by striking ``$275'' and inserting ``$600''; and
(2) by striking the second sentence.
SEC. 632. ENTITLEMENT OF MEMBERS OF THE NATIONAL GUARD AND
OTHER RESERVES NOT ON ACTIVE DUTY TO RECEIVE SPECIAL DUTY ASSIGNMENT
PAY.
(a) Authority.--Section 307 of title 37, United States Code, is
amended by adding at the end the following new subsection:
``(d)(1) Under regulations prescribed by the Secretary concerned and
to the extent provided for by appropriations, when an enlisted member of
the National Guard or a reserve component of a uniformed service who is
entitled to compensation under section 206 of this title performs duty
for which a member described in subsection (a) is entitled to special
pay under such subsection, the member of the National Guard or reserve
component is entitled to an increase in compensation equal to \1/30\ of
the monthly special duty assignment pay prescribed by the Secretary
concerned for the performance of that same duty by members described in
subsection (a).
``(2) A member of the National Guard or a reserve component entitled
to an increase in compensation under paragraph (1) is entitled to the
increase--
``(A) for each regular period of instruction, or period of
appropriate duty, at which the member is engaged for at least two hours,
including that performed on a Sunday or holiday; or
``(B) for the performance of such other equivalent training,
instruction, duty, or appropriate duties, as the Secretary may prescribe
under section 206(a) of this title.
``(3) This subsection does not apply to a member of the National
Guard or a reserve component who is entitled to basic pay under section
204 of this title.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect October 1, 2000.
SEC. 633. AUTHORIZATION OF RETENTION BONUS FOR MEMBERS OF THE
ARMED FORCES QUALIFIED IN A CRITICAL MILITARY SKILL.
(a) Bonus Authorized.--(1) Chapter 5 of title 37, United States Code,
is amended by adding at the end the following new section:
``323. Special pay: retention incentives for members qualified
in a critical military skill
``(a) Retention Bonus Authorized.--An officer or enlisted member of
the armed forces who is serving on active duty and is qualified in a
designated critical military skill may be paid a retention bonus as
provided in this section if--
``(1) in the case of an officer, the member executes a written
agreement to remain on active duty for at least 1 year; or
``(2) in the case of an enlisted member, the member reenlists or
voluntarily extends the member's enlistment for a period of at least 1
year.
``(b) Designation of Critical Skills.--(1) A designated critical
military skill referred to in subsection (a) is a military skill
designated as critical by the Secretary of Defense, or by the Secretary
of Transportation with respect to the Coast Guard when it is not
operating as a service in the Navy.
``(2) The Secretary of Defense, and the Secretary of Transportation
with respect to the Coast Guard when it is not operating as a service in
the Navy, shall notify Congress, in advance, of each military skill to
be designated by the Secretary as critical for purposes of this section.
The notice shall be submitted at least 90 days before any bonus with
regard to that critical skill is offered under subsection (a) and shall
include a discussion of the necessity for the bonus, the amount and
method of payment of the bonus, and the retention results that the bonus
is expected to achieve.
``(c) Payment Methods.--A bonus under this section may be paid in a
single lump sum or in periodic installments.
``(d) Maximum Bonus Amount.--A member may enter into an agreement
under this section, or reenlist or voluntarily extend the member's
enlistment, more than once to receive a bonus under this section.
However, a member may not receive a total of more than $200,000 in
payments under this section.
``(e) Certain Members Ineligible.--A retention bonus may not be
provided under subsection (a) to a member of the armed forces who--
``(1) has completed more than 25 years of active duty; or
``(2) will complete the member's twenty-fifth year of active duty
before the end of the period of active duty for which the bonus is being
offered.
``(f) Relationship to Other Incentives.--A retention bonus paid under
this section is in addition to any other pay and allowances to which a
member is entitled.
``(g) Repayment of Bonus.--(1) If an officer who has entered into a
written agreement under subsection (a) fails to complete the total
period of active duty specified in the agreement, or an enlisted member
who voluntarily or because of misconduct does not complete the term of
enlistment for which a bonus was paid under this section, the Secretary
of Defense, and the Secretary of Transportation with respect to members
of the Coast Guard when it is not operating as a service in the Navy,
may require the member to repay the United States, on a pro rata basis
and to the extent that the Secretary determines conditions and
circumstances warrant, all sums paid under this section.
``(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of a written agreement entered into
under subsection (a) does not discharge the member from a debt arising
under paragraph (2).
``(h) Annual Report.--Not later than February 15 of each year, the
Secretary of Defense and the Secretary of Transportation shall submit to
Congress a report--
``(1) analyzing the effect, during the preceding fiscal year, of the
provision of bonuses under this section on the retention of members
qualified in the critical military skills for which the bonuses were
offered; and
``(2) describing the intentions of the Secretary regarding the
continued use of the bonus authority during the current and next fiscal
years.
``(i) Termination of Bonus Authority.--No bonus may be paid under
this section with respect to any reenlistment, or voluntary extension of
an enlistment, in the armed forces entered into after December 31, 2001,
and no agreement under this section may be entered into after that
date.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``323. Special pay: retention incentives for members qualified in
a critical military skill.''.
(b) Effective Date.--Section 323 of title 10, United States Code, as
added by subsection (a), shall take effect on October 1, 2000.
SEC. 634. ENTITLEMENT OF ACTIVE DUTY OFFICERS OF THE PUBLIC
HEALTH SERVICE CORPS TO SPECIAL PAYS AND BONUSES OF HEALTH PROFESSIONAL
OFFICERS OF THE ARMED FORCES.
(a) In General.--Section 303a of title 37, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections (c) and
(d); and
(2) by inserting after subsection (a) the following new subsection
(b):
``(b)(1) Except as provided in paragraph (2) or as otherwise provided
under a provision of this chapter, a commissioned officer in the Regular
or Reserve Corps of the Public Health Service is entitled to special pay
under a provision of this chapter in the same amounts, and under the
same terms and conditions, as a commissioned officer of the armed forces
is entitled to special pay under that provision.
``(2) A commissioned medical officer in the Regular or Reserve Corps
of the Public Health Service (other than an officer serving in the
Indian Health Service) may not receive additional special pay under
section 302(a)(4) of this title for any period during which the officer
is providing obligated service under the following provisions of law:
``(A) Section 338B of the Public Health Service Act (42 U.S.C. 254 l
1).
``(B) Section 225(e) of the Public Health Service Act, as that
section was in effect before October 1, 1977.
``(C) Section 752 of the Public Health Service Act, as that section
was in effect between October 1, 1977, and August 13, 1981.''.
(b) Repeal of Superseded Provisions.--Section 208(a) of the Public
Health Service Act (42 U.S.C. 210(a)) is amended--
(1) by striking paragraphs (2) and (3); and
(2) by inserting after paragraph (1) the following new paragraph (2):
``(2) For provisions relating to the receipt of special pay by
commissioned officers of the Regular and Reserve Corps while on active
duty, see section 303a(b) of title 37, United States Code.''.
Subtitle C--Travel and Transportation Allowances
SEC. 641. ADVANCE PAYMENTS FOR TEMPORARY LODGING OF MEMBERS
AND DEPENDENTS.
(a) Subsistence Expenses.-- 7E 7E 7E 7ESection 404a of title 37,
United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections (d) and
(e), respectively; and
(2) by striking subsection (a) and inserting the following:
``(a) Payment or Reimbursement of Subsistence Expenses.--(1) Under
regulations prescribed by the Secretaries concerned, a member of a
uniformed service who is ordered to make a change of permanent station
described in paragraph (2) shall be paid or reimbursed for subsistence
expenses of the member and the member's dependents for the period
(subject to subsection (c)) for which the member and dependents occupy
temporary quarters incident to that change of permanent station.
``(2) Paragraph (1) applies to the following:
``(A) A permanent change of station from any duty station to a duty
station in the United States (other than Hawaii or Alaska).
``(B) A permanent change of station from a duty station in the
United States (other than Hawaii or Alaska) to a duty station outside
the United States or in Hawaii or Alaska.
``(C) In the case of an enlisted member who is reporting to the
member's first permanent duty station, the change from the member's home
of record or initial technical school to that first permanent duty
station.
``(b) Payment in Advance.--The Secretary concerned may make any
payment for subsistence expenses to a member under this section in
advance of the member actually incurring the expenses. The amount of an
advance payment made to a member shall be computed on the basis of the
Secretary's determination of the average number of days that members and
their dependents occupy temporary quarters under the circumstances
applicable to the member and the member's dependents.
``(c) Maximum Payment Period.--(1) In the case of a change of
permanent station described in subparagraph (A) or (C) of subsection
(a)(2), the period for which subsistence expenses are to be paid or
reimbursed under this section may not exceed 10 days.
``(2) In the case of a change of permanent station described in
subsection (a)(2)(B)--
``(A) the period for which such expenses are to be paid or
reimbursed under this section may not exceed five days; and
``(B) such payment or reimbursement may be provided only for
expenses incurred before leaving the United States (other than Hawaii or
Alaska).''.
(b) Per Diem.--Section 405 of such title is amended to read as
follows:
``405. Travel and transportation allowances: per diem while on
duty outside the United States or in Hawaii or Alaska
``(a) Per Diem Authorized.--Without regard to the monetary limitation
of this title, the Secretary concerned may pay a per diem to a member of
the uniformed services who is on duty outside of the United States or in
Hawaii or Alaska, whether or not the member is in a travel status. The
Secretary may pay the per diem in advance of the accrual of the per
diem.
``(b) Determination of Per Diem.--In determining the per diem to be
paid under this section, the Secretary concerned shall consider all
elements of the cost of living to members of the uniformed services
under the Secretary's jurisdiction and their dependents, including the
cost of quarters, subsistence, and other necessary incidental expenses.
However, dependents may not be considered in determining the per diem
allowance for a member in a travel status.
``(c) Treatment of Housing Cost and Allowance.--Housing cost and
allowance may be disregarded in prescribing a station cost of living
allowance under this section.''.
(c) Stylistic Amendments.--Section 404a of such title is further
amended--
(1) in subsection (d), as redesignated by subsection (a), by
striking ``(d)'' and inserting ``(d) Daily Subsistence Rates.--''; and
(2) in subsection (e), as redesignated by subsection (a), by
striking ``(e)'' and inserting ``(e) Maximum Daily Payment.--''.
SEC. 642. ADDITIONAL TRANSPORTATION ALLOWANCE REGARDING
BAGGAGE AND HOUSEHOLD EFFECTS.
(a) Pet Quarantine Fees.--Section 406(a)(1) of title 37, United
States Code, is amended by adding at the end the following new sentence:
``The Secretary concerned may also reimburse the member for mandatory
pet quarantine fees for household pets, but not to exceed $275 per
change of station, when the member incurs the fees incident to such
change of station.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect October 1, 2000.
SEC. 643. INCENTIVE FOR SHIPPING AND STORING HOUSEHOLD GOODS
IN LESS THAN AVERAGE WEIGHTS.
Section 406(b)(1) of title 37, United States Code, is amended by
adding at the end the following new subparagraph:
``(G) Under regulations prescribed by the Secretary of Defense, the
Secretary concerned may pay a member a share (determined pursuant to
such regulations) of the savings resulting to the United States when the
total weights of the member's baggage and household effects shipped and
stored under subparagraph (A) are less than the average weights of the
baggage and household effects that are shipped and stored, respectively,
by other members in the same grade and with the same dependents status
as the member in connection with changes of station that are comparable
to the member's change of station. The total savings shall be equal to
the difference between the cost of shipping and cost of storing such
average weights of baggage and household effects, respectively, and the
corresponding costs associated with the weights of the member's baggage
and household effects. For the administration of this subparagraph, the
Secretary of Defense shall annually determine the average weights of
baggage and household effects shipped and stored in connection with a
change of temporary or permanent station.''.
SEC. 644. EQUITABLE DISLOCATION ALLOWANCES FOR JUNIOR ENLISTED MEMBERS.
Section 407(c)(1) of title 37, United States Code, is amended by
inserting before the period at the end the following: ``, except that
the Secretary concerned may not differentiate between members with
dependents in pay grades E 1 through E 5''.
SEC. 645. AUTHORITY TO REIMBURSE MILITARY RECRUITERS, SENIOR
ROTC CADRE, AND MILITARY ENTRANCE PROCESSING PERSONNEL FOR CERTAIN
PARKING EXPENSES.
(a) Reimbursement Authority.--Chapter 7 of title 37, United States
Code, is amended by inserting after section 411h the following new
section:
``411i. Travel and transportation allowances: parking expenses
``(a) Reimbursement Authority.--Under regulations prescribed by the
Secretary of Defense, the Secretary of a military department may
reimburse eligible Department of Defense personnel for expenses incurred
after October 1, 2001, for parking a privately owned vehicle at a place
of duty described in subsection (b).
``(b) Eligibility.--A member of the Army, Navy, Air Force, or Marine
Corps or an employee of the Department of Defense may be reimbursed
under subsection (a) for parking expenses while--
``(1) assigned to duty as a recruiter for any of the armed forces;
``(2) assigned to duty at a military entrance processing facility of
the armed forces; or
``(3) detailed for instructional and administrative duties at any
institution where a unit of the Senior Reserve Officers' Training Corps
is maintained.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
411h the following new item:
``411i. Travel and transportation allowances: parking expenses.''.
SEC. 646. EXPANSION OF FUNDED STUDENT TRAVEL FOR DEPENDENTS.
Section 430 of title 37, United States Code, is amended--
(1) in subsections (a)(3) and (b)(1), by striking ``for the purpose
of obtaining a secondary or undergraduate college education'' and
inserting ``for the purpose of obtaining a formal education''; and
(2) in subsection (f)--
(A) by striking ``In this section, the term'' and inserting the
following:
``In this section:
``(1) The term''; and
(B) by adding at the end the following new subparagraph:
``(2) The term `formal education' means the following:
``(A) A secondary education.
``(B) An undergraduate college education.
``(C) A graduate education pursued on a full-time basis at an
institution of higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
``(D) Vocational education pursued on a full-time basis at a
post-secondary vocational institution (as defined in section 102(c) of
the Higher Education Act of 1965 (20 U.S.C. 1002(c))).''.
Subtitle D--Retirement and Survivor Benefit Matters
SEC. 651. EXCEPTION TO HIGH-36 MONTH RETIRED PAY COMPUTATION
FOR MEMBERS RETIRED FOLLOWING A DISCIPLINARY REDUCTION IN GRADE.
Section 1407 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``The retired pay base'' and
inserting ``Except as provided in subsection (f), the retired pay
base''; and
(2) by adding at the end the following new subsection:
``(f) Exception for Enlisted Members Reduced in Grade and Officers
Who Do Not Serve Satisfactorily in Highest Grade Held.--
``(1) Computation based on pre-high-three rules.--In the case of a
member or former member described in paragraph (2), the retired pay base
or retainer pay base is determined under section 1406 of this title in
the same manner as if the member or former member first became a member
of a uniformed service before September 8, 1980.
``(2) Affected members.--A member or former member referred to in
paragraph (1) is a member or former member who by reason of conduct
occurring after the date of the enactment of this subsection--
``(A) in the case of a member retired in an enlisted grade or
transferred to the Fleet Reserve or Fleet Marine Corps Reserve, was at
any time reduced in grade as the result of a court-martial sentence,
nonjudicial punishment, or an administrative action, unless the member
was subsequently promoted to a higher enlisted grade or appointed to a
commissioned or warrant grade; and
``(B) in the case of an officer, is retired in a grade lower than
the highest grade in which served by reason of denial of a determination
or certification under section 1370 of this title that the officer
served on active duty satisfactorily in that grade.
``(3) Special rule for enlisted members.--In the case of a member
who retires within three years after having been reduced in grade as
described in paragraph (2)(A), who retires in an enlisted grade that is
lower than the grade from which reduced, and who would be subject to
paragraph (1) but for a subsequent promotion to a higher enlisted grade
or a subsequent appointment to a warrant or commissioned grade, the
rates of basic pay used in the computation of the member's high-36
average for the period of the member's service in a grade higher than
the grade in which retired shall be the rates of pay that would apply if
the member had been serving for that period in the grade in which
retired.''.
SEC. 652. INCREASE IN MAXIMUM NUMBER OF RESERVE RETIREMENT
POINTS THAT MAY BE CREDITED IN ANY YEAR.
Section 12733(3) of title 10, United States Code, is amended by
striking ``but not more than'' and all that follows and inserting ``but
not more than--
``(A) 60 days in any one year of service before the year of service
that includes September 23, 1996;
``(B) 75 days in the year of service that includes September 23,
1996, and in any subsequent year of service before the year of service
that includes the date of the enactment of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001; and
``(C) 90 days in the year of service that includes the date of the
enactment of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 and in any subsequent year of service.''.
SEC. 653. RETIREMENT FROM ACTIVE RESERVE SERVICE AFTER REGULAR
RETIREMENT.
(a) Conversion to Reserve Retirement.--(1) Chapter 1223 of title 10,
United States Code, is amended by adding at the end the following new
section:
``12741. Retirement from active reserve service performed
after regular retirement
``(a) Election of Reserve Retired Pay.--A person who, after becoming
entitled to retired or retainer pay under chapter 65, 367, 571, or 867
of this title, serves in an active status in a reserve component is
entitled to retired pay under this chapter if--
``(1) the person would, but for paragraphs (3) and (4) of section
12731(a) of this title, otherwise be entitled to retired pay under this
chapter;
``(2) the person elects under this section to receive retired pay
under this chapter; and
``(3) the person's service in an active status after having become
entitled to retired or retainer pay under that chapter is determined by
the Secretary concerned to have been satisfactory.
``(b) Actions To Effectuate Election.--As of the effective date of an
election made by a person under subsection (a), the Secretary concerned
shall--
``(1) terminate the person's entitlement to retired or retainer pay
under the applicable chapter of this title referred to in subsection
(a); and
``(2) in the case of a reserve commissioned officer, transfer the
officer to the Retired Reserve.
``(c) Time and Form of Election.--An election under subsection (b)
shall be made within such time and in such form as the Secretary
concerned requires.
``(d) Effective Date of Election.--An election made by a person under
subsection (b) shall be effective--
``(1) except as provided in paragraph (2)(B), as of the date on
which the person attains 60 years of age, if the Secretary concerned
receives the election in accordance with this section within 180 days
after that date; or
``(2) on the first day of the first month that begins after the date
on which the Secretary concerned receives the election in accordance
with this section, if--
``(A) the date of the receipt of the election is more than 180 days
after the date on which the person attains 60 years of age; or
``(B) the person retires from service in an active status within
that 180-day period.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``12741. Retirement from active service performed after regular
retirement.''.
(b) Effective Date.--Section 12741 of title 10, United States Code,
as added by subsection (a), shall take effect 180 days after the date of
the enactment of this Act and shall apply with respect to retired pay
payable for months beginning on of after that effective date.
SEC. 654. SAME TREATMENT FOR FEDERAL JUDGES AS FOR OTHER
FEDERAL OFFICIALS REGARDING PAYMENT OF MILITARY RETIRED PAY.
(a) Article III Judges.--(1) Section 371 of title 28, United States
Code, is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection (e).
(2) Subsection (b) of such section is amended by striking
``subsection (f)'' each place it appears and inserting ``subsection
(e)''.
(b) Judges of United States Court of Federal Claims.--(1) Section 180
of title 28, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 7 of such title
is amended by striking the item relating to section 180.
(c) Retroactive Effective Date.--The amendments made by this section
shall take effect as of October 1, 1999.
SEC. 655. RESERVE COMPONENT SURVIVOR BENEFIT PLAN SPOUSAL
CONSENT REQUIREMENT.
(a) Eligible Participants.--Subsection (a)(2)(B) of section 1448 of
title 10, United States Code, is amended to read as follows:
``(B) Reserve-component annuity participants.--A person who (i) is
eligible to participate in the Plan under paragraph (1)(B), and (ii) is
married or has a dependent child when he is notified under section
12731(d) of this title that he has completed the years of service
required for eligibility for reserve-component retired pay, unless the
person elects (with his spouse's concurrence, if required under
paragraph (3)) not to participate in the Plan before the end of the
90-day period beginning on the date on which he receives that
notification.''.
(b) Subsequent Election To Participate.--Subsection (a)(3)(B) of such
section is amended--
(1) by striking ``who elects to provide'' and inserting ``who is
eligible to provide'';
(2) by redesignating clauses (i) and (ii) as clauses (iii) and (iv),
respectively; and
(3) by inserting before clause (iii) (as so redesignated) the
following new clauses:
``(i) not to participate in the Plan;
``(ii) to designate under subsection (e)(2) the effective date for
commencement of annuity payments under the Plan in the event that the
member dies before becoming 60 years of age to be the 60th anniversary
of the member's birth (rather than the day after the date of the
member's death);''.
(c) Conforming Amendments.--Subchapter II of chapter 73 of such title
is further amended--
(1) in section 1448(a)(2), by striking ``described in clauses (i)
and (ii)'' in the sentence following subparagraph (B) (as amended by
subsection (a)) and all that follows through ``that clause'' and
inserting ``who elects under subparagraph (B) not to participate in the
Plan'';
(2) in section 1448(a)(4)--
(A) by striking ``not to participate in the Plan'' in subparagraph
(A); and
(B) by striking ``to participate in the Plan'' in subparagraph (B);
(3) in section 1448(e), by striking ``a person electing to
participate'' and all that follows through ``making such election'' and
inserting ``a person is required to make a designation under this
subsection, the person''; and
(4) in section 1450(j)(1), by striking ``An annuity'' and all that
follows through the period and inserting ``A reserve-component annuity
shall be effective in accordance with the designation made under section
1448(e) of this title by the person providing the annuity.''.
(d) Effective Date.--The amendments made by this section apply only
with respect to a notification under section 12731(d) of title 10,
United States Code, made after January 1, 2001, that a member of a
reserve component has completed the years of service required for
eligibility for reserve-component retired pay.
SEC. 656. SENSE OF CONGRESS ON INCREASING SURVIVOR BENEFIT
PLAN ANNUITIES FOR SURVIVING SPOUSES AGE 62 OR OLDER.
(a) Sense of Congress.--It is the sense of Congress that, subject to
the requirements and limitations of congressional budget procedures
relating to the enactment of new (or increased) entitlement authority,
there should be enacted legislation that increases the annuities
provided under the Survivor Benefit Plan program for surviving spouses
who are 62 years of age or older in order to reduce (and eventually
eliminate) the different levels of annuities under that program for
surviving spouses who are under age 62 and those who are 62 years of age
and older.
(b) Survivor Benefit Plan.--For purposes of this section, the term
``Survivor Benefit Plan program'' means the program of annuities for
survivors of members of the uniformed services provided under subchapter
II of chapter 73 of title 10, United States Code.
SEC. 657. REVISION TO SPECIAL COMPENSATION AUTHORITY TO REPEAL
EXCLUSION OF UNIFORMED SERVICES RETIREES IN RECEIPT OF DISABILITY
RETIRED PAY.
(a) Eligibility for Chapter 61 Retirees.--Section 1413(c) of title
10, United States Code, is amended by striking ``(other than a member
who is retired under chapter 61 of this title)''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on October 1, 2001, and shall apply to months that begin on or
after that date. No benefit may be paid under section 1413 of title 10,
United States Code, to any person by reason of the amendment made by
subsection (a) for any period before that date.
Subtitle E--Other Matters
SEC. 661. PARTICIPATION IN THRIFT SAVINGS PLAN.
(a) Effective Date of Authority To Participate.--Section 663 of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law 106
65; 113 Stat. 673; 5 U.S.C. 8440 note) is amended to read as follows:
``SEC. 663. EFFECTIVE DATE.
``(a) In General.--Except as provided in subsection (b), the
amendments made by this subtitle shall take effect 180 days after the
date of the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001.
``(b) Postponement Authority.--(1) The Secretary of Defense may
postpone by up to 180 days after the date that would otherwise apply
under subsection (a)--
``(A) the date as of which the amendments made by this subtitle
shall take effect; or
``(B) the date as of which section 211(a)(2) of title 37, United
States Code (as added by this subtitle) shall take effect.
``(2) Postponement authority under this subsection may be exercised
only to the extent that the failure to do so would prevent the Federal
Retirement Thrift Investment Board from being able to provide timely and
accurate services to investors or would place an excessive burden on the
administrative capacity of the Board to accommodate participants in the
Thrift Savings Plan, as determined by the Secretary of Defense after
consultation with the Executive Director (appointed by the Board).
``(3) Paragraph (1) includes the authority to postpone the effective
date of the amendments made by this subtitle (apart from section
211(a)(2) of title 37, United States Code), and the effective date of
such section 211(a)(2), by different lengths of time.
``(4) The Secretary shall notify the congressional defense
committees, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of the Senate
of any determination made under this subsection.''.
(b) Regulations.--Section 661(b) of such Act (113 Stat. 672; 5 U.S.C.
8440e note) is amended by striking ``the date on which'' and all that
follows through ``later,'' and inserting ``the 180th day after the date
of the enactment of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001,''.
(c) Conforming Amendment.--Section 8440e(b)(2)(B)(i) of title 5,
United States Code, is amended by striking ``as of'' and all that
follows through ``thereof)'' and inserting ``as of the effective date
that applies with respect to such individual under section 663 of the
National Defense Authorization Act for Fiscal Year 2000''.
SEC. 662. DETERMINATIONS OF INCOME ELIGIBILITY FOR SPECIAL
SUPPLEMENTAL FOOD PROGRAM.
Section 1060a(c)(1)(B) of title 10, United States Code, is amended by
striking the second sentence and inserting the following new sentence:
``In the application of such criterion, the Secretary shall exclude from
income any basic allowance for housing as permitted under section
17(d)(2)(B) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(d)(2)(B)).''.
SEC. 663. BILLETING SERVICES FOR RESERVE MEMBERS TRAVELING FOR
INACTIVE-DUTY TRAINING.
(a) In General.--(1) Chapter 1217 of title 10, United States Code, is
amended by inserting after section 12603 the following new section:
``12604. Billeting in Department of Defense facilities:
Reserves attending inactive-duty training
``(a) Authority for Billeting on Same Basis as Active Duty Members
Traveling Under Orders.--The Secretary of Defense shall prescribe
regulations authorizing a Reserve traveling to inactive-duty training at
a location more than 50 miles from that Reserve's residence to be
eligible for billeting in Department of Defense facilities on the same
basis and to the same extent as a member of the armed forces on active
duty who is traveling under orders away from the member's permanent duty
station.
``(b) Proof of Reason for Travel.--The Secretary shall include in the
regulations the means for confirming a Reserve's eligibility for
billeting under subsection (a).''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 12603 the following new
item:
``12604. Billeting in Department of Defense facilities: Reserves
attending inactive-duty training.''.
(b) Effective Date.--Section 12604 of title 10, United States Code,
as added by subsection (a), shall apply with respect to periods of
inactive-duty training beginning more than 180 days after the date of
the enactment of this Act.
SEC. 664. SETTLEMENT OF CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED
LEAVE AND FOR RETIRED PAY.
(a) Claims for Payments for Unused Accrued Leave.--Subsection
(a)(1)(A) of section 3702 of title 31, United States Code, is amended by
inserting ``payments for unused accrued leave,'' after
``transportation,''.
(b) Waiver of Time Limitations.--Subsection (e)(1) of such section is
amended by striking ``claim for pay or allowances provided under title
37'' and inserting ``claim for pay, allowances, or payment for unused
accrued leave under title 37 or a claim for retired pay under title
10''.
SEC. 665. ADDITIONAL BENEFITS AND PROTECTIONS FOR PERSONNEL
INCURRING INJURY, ILLNESS, OR DISEASE IN THE PERFORMANCE OF FUNERAL
HONORS DUTY.
(a) Incapacitation Pay.--Section 204 of title 37, United States Code,
is amended--
(1) in subsection (g)(1)--
(A) by striking ``or'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D) and
inserting ``; or''; and
(C) by adding at the end the following:
``(E) in line of duty while--
``(i) serving on funeral honors duty under section 12503 of title 10
or section 115 of title 32;
``(ii) traveling to or from the place at which the duty was to be
performed; or
``(iii) remaining overnight at or in the vicinity of that place
immediately before so serving, if the place is outside reasonable
commuting distance from the member's residence.''; and
(2) in subsection (h)(1)--
(A) by striking ``or'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D) and
inserting ``; or''; and
(C) by adding at the end the following:
``(E) in line of duty while--
``(i) serving on funeral honors duty under section 12503 of title 10
or section 115 of title 32;
``(ii) traveling to or from the place at which the duty was to be
performed; or
``(iii) remaining overnight at or in the vicinity of that place
immediately before so serving, if the place is outside reasonable
commuting distance from the member's residence.''.
(b) Tort Claims.--Section 2671 of title 28, United States Code, is
amended by inserting ``115,'' in the second paragraph after ``members of
the National Guard while engaged in training or duty under section''.
(c) Applicability.--(1) The amendments made by subsection (a) shall
apply with respect to months beginning on or after the date of the
enactment of this Act.
(2) The amendment made by subsection (b) shall apply with respect to
acts and omissions occurring before, on, or after the date of the
enactment of this Act.
SEC. 666. AUTHORITY FOR EXTENSION OF DEADLINE FOR FILING
CLAIMS ASSOCIATED WITH CAPTURE AND INTERNMENT OF CERTAIN PERSONS BY
NORTH VIETNAM.
Section 657(d)(1) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104 201; 110 Stat. 2585) is amended by
adding at the end the following new sentence: ``The Secretary may, in
the case of any claim under this section, extend the time limitation
under the preceding sentence by up to 18 months if the Secretary
determines that such an extension in the case of that claim is necessary
to prevent an injustice or that failure of the claimant to file the
claim within that time limitation is due to excusable neglect.''.
SEC. 667. BACK PAY FOR MEMBERS OF THE NAVY AND MARINE CORPS
SELECTED FOR PROMOTION WHILE INTERNED AS PRISONERS OF WAR DURING WORLD
WAR II.
(a) Entitlement of Former Prisoners of War.--Upon receipt of a claim
made in accordance with this section, the Secretary of the Navy shall
pay, from any appropriation currently available to the Secretary, back
pay to any person who, by reason of being interned as a prisoner of war
while serving as a member of the Navy or the Marine Corps during World
War II, was not available to accept a promotion for which the person had
been selected.
(b) Payment to Surviving Spouse of Deceased Former Member.--In the
case of a person described in subsection (a) who is deceased, the back
pay for that person under this section shall be paid to the living
surviving spouse of that person, if any. If there is no living surviving
spouse, no claim may be paid under this section with respect to that
person.
(c) Amount of Back Pay.--(1) The amount of back pay payable to or for
a person described in subsection (a) is the amount equal to the
difference between--
(A) the total amount of basic pay that would have been paid to that
person for service in the Navy or the Marine Corps for the back-pay
computation period if the person had been promoted to the grade to which
selected to be promoted; and
(B) the total amount of basic pay that was actually paid to or for
that person for such service for the back-pay computation period.
(2) For purposes of paragraph (1), the back-pay computation period
for a person covered by subsection (a) is the period--
(A) beginning on the date (as determined by the Secretary of the
Navy) as of when that person's promotion would have been effective for
pay purposes but for the person's internment as a prisoner of war; and
(B) ending on the earliest of--
(i) the date of the person's discharge or release from active duty;
(ii) the date on which the person's promotion to that grade in fact
became effective for pay purposes; and
(iii) the end of World War II.
(d) Time Limitations.--(1) To be eligible for a payment under this
section, a claimant must file a claim for such payment with the
Secretary of the Navy within two years after the effective date of the
regulations prescribed to carry out this section.
(2) Not later than 18 months after receiving a claim for payment
under this section, the Secretary shall determine the eligibility of the
claimant for payment of the claim. Subject to subsection (f), if the
Secretary determines that the claimant is eligible for the payment, the
Secretary shall promptly pay the claim.
(e) Regulations.--Not later than six months after the date of the
enactment of this Act, the Secretary of the Navy shall prescribe
regulations to carry out this section. Such regulations shall include
procedures by which persons may submit claims for payment under this
section.
(f) Limitation on Disbursement.--(1) Notwithstanding any power of
attorney, assignment of interest, contract, or other agreement, the
actual disbursement of a payment of back pay under this section may be
made only to a person who is eligible for the payment under subsection
(a) or (b).
(2) In the case of a claim approved for payment but not disbursed as
a result of paragraph (1), the Secretary shall hold the funds in trust
for the person in an interest bearing account until such time as the
person makes an election under such paragraph.
(g) Attorney Fees.--Notwithstanding any contract, the representative
of a person may not receive, for services rendered in connection with
the claim of, or with respect to, a person under this section, more than
10 percent of the amount of a payment made under this section on that
claim.
(h) Outreach.--The Secretary of the Navy shall take such actions as
are necessary to ensure that the benefits and eligibility for benefits
under this section are widely publicized by means designed to provide
actual notice of the availability of the benefits in a timely manner to
the maximum number of eligible persons practicable.
(i) Definition.--In this section, the term ``World War II'' has the
meaning given that term in section 101(8) of title 38, United States
Code.
SEC. 668. SENSE OF CONGRESS CONCERNING FUNDING FOR RESERVE COMPONENTS.
It is the sense of Congress that it is in the national interest for
the President, in the President's Budget for each fiscal year, to
provide funds for the reserve components of the Armed Forces at a level
sufficient to ensure that the reserve components are able to meet the
requirements, including training requirements, specified for them in the
National Military Strategy.
TITLE VII--HEALTH CARE PROVISIONS
SUBTITLE A--HEALTH CARE SERVICES
Sec. 701. Provision of domiciliary and custodial care for CHAMPUS
beneficiaries and certain former CHAMPUS beneficiaries.
Sec. 702. Chiropractic health care for members on active duty.
Sec. 703. School-required physical examinations for certain minor
dependents.
Sec. 704. Two-year extension of dental and medical benefits for
surviving dependents of certain deceased members.
Sec. 705. Two-year extension of authority for use of contract
physicians at military entrance processing stations and elsewhere
outside medical treatment facilities.
Sec. 706. Medical and dental care for Medal of Honor recipients.
SUBTITLE B--SENIOR HEALTH CARE
Sec. 711. Implementation of TRICARE senior pharmacy program.
Sec. 712. Conditions for eligibility for CHAMPUS and TRICARE upon
the attainment of age 65; expansion and modification of medicare
subvention project.
Sec. 713. Accrual funding for health care for medicare-eligible
retirees and dependents.
SUBTITLE C--TRICARE PROGRAM
Sec. 721. Improvement of access to health care under the TRICARE
program.
Sec. 722. Additional beneficiaries under TRICARE Prime Remote
program in the continental United States.
Sec. 723. Modernization of TRICARE business practices and increase
of use of military treatment facilities.
Sec. 724. Extension of TRICARE managed care support contracts.
Sec. 725. Report on protections against health care providers
seeking direct reimbursement from members of the uniformed services.
Sec. 726. Voluntary termination of enrollment in TRICARE retiree
dental program.
Sec. 727. Claims processing improvements.
Sec. 728. Prior authorizations for certain referrals and
nonavailability-of-health-care statements.
SUBTITLE D--DEMONSTRATION PROJECTS
Sec. 731. Demonstration project for expanded access to mental
health counselors.
Sec. 732. Teleradiology demonstration project.
Sec. 733. Health care management demonstration program.
SUBTITLE E--JOINT INITIATIVES WITH DEPARTMENT OF VETERANS AFFAIRS
Sec. 741. VA-DOD sharing agreements for health services.
Sec. 742. Processes for patient safety in military and veterans
health care systems.
Sec. 743. Cooperation in developing pharmaceutical identification
technology.
SUBTITLE F--OTHER MATTERS
Sec. 751. Management of anthrax vaccine immunization program.
Sec. 752. Elimination of copayments for immediate family.
Sec. 753. Medical informatics.
Sec. 754. Patient care reporting and management system.
Sec. 755. Augmentation of Army Medical Department by detailing
Reserve officers of the Public Health Service.
Sec. 756. Privacy of Department of Defense medical records.
Sec. 757. Authority to establish special locality-based
reimbursement rates; reports.
Sec. 758. Reimbursement for certain travel expenses.
Sec. 759. Reduction of cap on payments.
Sec. 760. Training in health care management and administration.
Sec. 761. Studies on feasibility of sharing biomedical research
facility.
Sec. 762. Study on comparability of coverage for physical, speech,
and occupational therapies.
Subtitle A--Health Care Services
SEC. 701. PROVISION OF DOMICILIARY AND CUSTODIAL CARE FOR
CHAMPUS BENEFICIARIES AND CERTAIN FORMER CHAMPUS BENEFICIARIES.
(a) Continuation of Care for Certain CHAMPUS Beneficiaries.--Section
703(a)(1) of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106 65; 113 Stat. 682; 10 U.S.C. 1077 note) is amended by
inserting before the period at the end the following: ``or by the
prohibition in section 1086(d)(1) of such title''.
(b) Reimbursement for Services Provided.--Section 703(a) of such Act
is further amended by adding at the end the following new paragraph:
``(4) The Secretary may provide payment for domiciliary or custodial
care services provided to an eligible beneficiary for which payment was
discontinued by reason of section 1086(d) of title 10, United States
Code, and subsequently reestablished under other legal authority. Such
payment is authorized for the period beginning on the date of
discontinuation of payment for domiciliary or custodial care services
and ending on the date of reestablishment of payment for such
services.''.
(c) Cost Limitation for Individual Case Management Program.--(1)
Section 1079(a)(17) of title 10, United States Code, is amended--
(A) by inserting ``(A)'' after ``(17)''; and
(B) by adding at the end the following:
``(B) The total amount expended under subparagraph (A) for a fiscal
year may not exceed $100,000,000.''.
(2) Section 703 of the National Defense Authorization Act for Fiscal
Year 2000 is further amended by adding at the end the following:
``(e) Cost Limitation.--The total amount paid for services for
eligible beneficiaries under subsection (a) for a fiscal year (together
with the costs of administering the authority under that subsection)
shall be included in the expenditures limited by section 1079(a)(17)(B)
of title 10, United States Code.''.
(3) The amendments made by paragraphs (1) and (2) shall apply to
fiscal years after fiscal year 1999.
(d) Study Required.--(1) Not later than the date that is three months
after the date of the enactment of this Act, the Comptroller General of
the United States shall undertake a study to evaluate the coordination
and effectiveness of the supplemental disability health care programs of
the Department of Defense, the Program for Persons with Disabilities and
the Individual Case Management Program for Persons with Disabilities, as
such programs relate to other elements of the TRICARE program in meeting
the health care needs of disabled dependents of members of the Armed
Forces on active duty. The Comptroller General shall examine--
(A) the number of such dependents who receive services under the
Program for Persons with Disabilities, and the number of beneficiaries
receiving care under the Individual Case Management Program for Persons
with Disabilities, and a description of the patterns of use and
expenditures for services provided under such programs;
(B) the effectiveness of the existing system for coordinating the
provision of services under the TRICARE program and the supplemental
disability programs of the Department of Defense, including the
comprehensiveness of services and the cost effectiveness of providing
services;
(C) the extent to which the monthly maximum benefit imposed under
current law under the Program for Persons with Disabilities affects the
ability of beneficiaries to obtain needed health care services;
(D) the number of beneficiaries who are receiving services that
supplement services to the TRICARE program under the Program for Persons
with Disabilities and the Individual Case Management Program for Persons
with Disabilities; and
(E) the extent to which costs or lack of coverage for health care
services for disabled dependents of members of the Armed Forces on
active duty under existing military health care programs has caused
increased enrollment of such dependents in medicaid programs.
(2) Not later than April 16, 2001, the Comptroller General shall
submit to Congress a report on the results of the study under this
section, including recommendations for legislative or administrative
changes for providing a comprehensive, efficient, and complete system of
health care services for disabled dependents of members of the Armed
Forces on active duty.
SEC. 702. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.
(a) Plan Required.--(1) Not later than March 31, 2001, the Secretary
of Defense shall complete development of a plan to provide chiropractic
health care services and benefits, as a permanent part of the Defense
Health Program (including the TRICARE program), for all members of the
uniformed services who are entitled to care under section 1074(a) of
title 10, United States Code.
(2) The plan shall provide for the following:
(A) Access, at designated military medical treatment facilities, to
the scope of chiropractic services as determined by the Secretary, which
includes, at a minimum, care for neuro-musculoskeletal conditions
typical among military personnel on active duty.
(B) A detailed analysis of the projected costs of fully integrating
chiropractic health care services into the military health care system.
(C) An examination of the proposed military medical treatment
facilities at which such services would be provided.
(D) An examination of the military readiness requirements for
chiropractors who would provide such services.
(E) An examination of any other relevant factors that the Secretary
considers appropriate.
(F) Phased-in implementation of the plan over a 5-year period,
beginning on October 1, 2001.
(b) Consultation Requirements.--The Secretary of Defense shall
consult with the other administering Secretaries described in section
1073 of title 10, United States Code, and the oversight advisory
committee established under section 731 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103 337; 10 U.S.C.
1092 note) regarding the following:
(1) The development and implementation of the plan required under
subsection (a).
(2) Each report that the Secretary is required to submit to Congress
regarding the plan.
(3) The selection of the military medical treatment facilities at
which the chiropractic services described in subsection (a)(2)(A) are to
be provided.
(c) Continuation of Current Services.--Until the plan required under
subsection (a) is implemented, the Secretary shall continue to furnish
the same level of chiropractic health care services and benefits under
the Defense Health Program that is provided during fiscal year 2000 at
military medical treatment facilities that provide such services and
benefits.
(d) Report Required.--Not later than January 31, 2001, the Secretary
of Defense shall submit a report on the plan required under subsection
(a), together with appropriate appendices and attachments, to the
Committees on Armed Services of the Senate and the House of
Representatives.
(e) GAO Reports.--The Comptroller General shall monitor the
development and implementation of the plan required under subsection
(a), including the administration of services and benefits under the
plan, and periodically submit to the committees referred to in
subsection (d) written reports on such development and implementation.
SEC. 703. SCHOOL-REQUIRED PHYSICAL EXAMINATIONS FOR CERTAIN
MINOR DEPENDENTS.
Section 1076 of title 10, United States Code is amended by adding at
the end the following:
``(f)(1) The administering Secretaries shall furnish an eligible
dependent a physical examination that is required by a school in
connection with the enrollment of the dependent as a student in that
school.
``(2) A dependent is eligible for a physical examination under
paragraph (1) if the dependent--
``(A) is entitled to receive medical care under subsection (a) or is
authorized to receive medical care under subsection (b); and
``(B) is at least 5 years of age and less than 12 years of age.
``(3) Nothing in paragraph (2) may be construed to prohibit the
furnishing of a school-required physical examination to any dependent
who, except for not satisfying the age requirement under that paragraph,
would otherwise be eligible for a physical examination required to be
furnished under this subsection.''.
SEC. 704. TWO-YEAR EXTENSION OF DENTAL AND MEDICAL BENEFITS
FOR SURVIVING DEPENDENTS OF CERTAIN DECEASED MEMBERS.
(a) Dental Benefits.--Section 1076a(k)(2) of title 10, United States
Code, is amended by striking ``one-year period'' and inserting
``three-year period''.
(b) Medical Benefits.--Section 1079(g) of title 10, United States
Code, is amended by striking ``one-year period'' in the second sentence
and inserting ``three-year period''.
SEC. 705. TWO-YEAR EXTENSION OF AUTHORITY FOR USE OF CONTRACT
PHYSICIANS AT MILITARY ENTRANCE PROCESSING STATIONS AND ELSEWHERE
OUTSIDE MEDICAL TREATMENT FACILITIES.
Section 1091(a)(2) of title 10, United States Code, is amended by
striking ``December 31, 2000'' in the second sentence and inserting
``December 31, 2002''.
SEC. 706. MEDICAL AND DENTAL CARE FOR MEDAL OF HONOR RECIPIENTS.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074g the following new section:
``1074h. Medical and dental care: medal of honor recipients; dependents
``(a) Medal of Honor Recipients.--A former member of the armed forces
who is a Medal of Honor recipient and who is not otherwise entitled to
medical and dental benefits under this chapter may, upon request, be
given medical and dental care provided by the administering Secretaries
in the same manner as if entitled to retired pay.
``(b) Immediate Dependents.--A person who is an immediate dependent
of a Medal of Honor recipient and who is not otherwise entitled to
medical and dental benefits under this chapter may, upon request, be
given medical and dental care provided by the administering Secretaries
in the same manner as if the Medal of Honor recipient were, or (if
deceased) was at the time of death, entitled to retired pay.
``(c) Definitions --In this section:
``(1) The term `Medal of Honor recipient' means a person who has
been awarded a medal of honor under section 3741, 6241, or 8741 of this
title or section 491 of title 14.
``(2) The term `immediate dependent' means a dependent described in
subparagraph (A), (B), (C), or (D) of section 1072(2) of this title.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1074g the following new
item:
``1074h. Medical and dental care: medal of honor recipients;
dependents.''.
(b) Effective Date.--Section 1074h of title 10, United States Code,
shall apply with respect to medical and dental care provided on or after
the date of the enactment of this Act.
Subtitle B--Senior Health Care
SEC. 711. IMPLEMENTATION OF TRICARE SENIOR PHARMACY PROGRAM.
(a) Expansion of TRICARE Senior Pharmacy Program.--Section 723 of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105 261; 112 Stat. 2068; 10 U.S.C. 1073 note) is amended--
(1) in subsection (a)--
(A) by striking ``October 1, 1999'' and inserting ``April 1, 2001'';
and
(B) by striking ``who reside in an area selected under subsection
(f)'';
(2) by amending subsection (b) to read as follows:
``(b) Program Requirements.--The same coverage for pharmacy services
and the same requirements for cost sharing and reimbursement as are
applicable under section 1086 of title 10, United States Code, shall
apply with respect to the program required by subsection (a).'';
(3) in subsection (d)--
(A) by striking ``December 31, 2000'' and inserting ``December 31,
2001''; and
(B) by striking ``December 31, 2002'' and inserting ``December 31,
2003'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``and'' after the semicolon;
(ii) in subparagraph (C), by striking ``; and'' and inserting a
period; and
(iii) by striking subparagraph (D); and
(B) in paragraph (2), by striking ``at the time'' and all that
follows through ``facility'' and inserting ``, before April 1, 2001, has
attained the age of 65 and did not enroll in the program described in
such paragraph''; and
(5) by striking subsection (f).
(b) Termination of Demonstration Project and Retail Pharmacy Network
Requirements.--Section 702 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102 484; 10 U.S.C. 1079 note) is amended by
adding at the end the following:
``(h) Termination.--This section shall cease to apply to the
Secretary of Defense on the date after the implementation of section 711
of the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 that the Secretary determines appropriate, with a view to
minimizing instability with respect to the provision of pharmacy
benefits, but in no case later than the date that is one year after the
date of the enactment of such Act.''.
SEC. 712. CONDITIONS FOR ELIGIBILITY FOR CHAMPUS AND TRICARE
UPON THE ATTAINMENT OF AGE 65; EXPANSION AND MODIFICATION OF MEDICARE
SUBVENTION PROJECT.
(a) Eligibility of Medicare Eligible Persons.--(1) Section 1086(d) of
title 10, United States Code, is amended--
(A) by striking paragraph (2) and inserting the following:
``(2) The prohibition contained in paragraph (1) shall not apply to a
person referred to in subsection (c) who--
``(A) is enrolled in the supplementary medical insurance program
under part B of such title (42 U.S.C. 1395j et seq.); and
``(B) in the case of a person under 65 years of age, is entitled to
hospital insurance benefits under part A of title XVIII of the Social
Security Act pursuant to subparagraph (A) or (C) of section 226(b)(2) of
such Act (42 U.S.C. 426(b)(2)) or section 226A(a) of such Act (42 U.S.C.
426 1(a)).''; and
(B) in paragraph (4), by striking ``paragraph (1) who satisfy only
the criteria specified in subparagraphs (A) and (B) of paragraph (2),
but not subparagraph (C) of such paragraph,'' and inserting
``subparagraph (B) of paragraph (2) who do not satisfy the condition
specified in subparagraph (A) of such paragraph''.
(2) Subsection (a)(4)(A) of section 1896 of the Social Security Act
(42 U.S.C. 1395ggg) is amended to read as follows:
``(A) is eligible for health benefits under section 1086 of such
title by reason of subsection (c)(1) of such section;''.
(3) The amendments made by paragraphs (1) and (2) shall take effect
on October 1, 2001.
(b) 1- Year Extension of Medicare Subvention Project.--Section 1896
of the Social Security Act (42 U.S.C. 1395ggg) is amended--
(1) in subsection (b)(4), by striking ``3-year period'' and
inserting ``4-year period''; and
(2) in subsection (i)(4)--
(A) by striking ``and'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C) and
inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(D) $70,000,000 for calendar year 2001.''.
(c) Further Extension of Medicare Subvention Project.--(1) Subsection
(b)(4) of section 1896 of the Social Security Act (42 U.S.C. 1395ggg) is
amended by striking the period at the end and inserting the following:
``, except that the administering Secretaries may negotiate and (subject
to section 701(f) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001) enter into a new or revised agreement under
paragraph (1)(A) to continue the project after the end of such period.
If the project is so continued, the administering Secretaries may
terminate the agreement under which the program operates after providing
notice to Congress in accordance with subsection (k)(2)(B)(v).''.
(2) Such section is further amended--
(A) in the heading, by striking `` demonstration project'' and
inserting `` program'';
(B) by amending paragraph (2) of subsection (a) to read as follows:
``(2) Program.--The term `program' means the program carried out
under this section.'';
(C) by striking `` Demonstration Project'' and ``demonstration
project'' and ``project'' each place each appears and inserting ``
Program'', ``program'', and ``program'' respectively; and
(D) by striking `` demonstration'' in the heading of subsection
(j)(1).
(3) Subsection (i)(4) of such section is amended to read as follows:
``(4) Cap on amount.--The maximum aggregate expenditures from the
trust funds under this subsection pursuant to the agreement entered into
between the administering Secretaries under subsection (b) for a fiscal
year (before fiscal year 2006) shall not exceed the amount agreed by the
Secretaries to be the amount that would have been expended from the
trust funds on beneficiaries who enroll in the program, had the program
not been established, plus the following:
``(A) $35,000,000 for fiscal year 2002.
``(B) $55,000,000 for fiscal year 2003.
``(C) $75,000,000 for fiscal year 2004.
``(D) $100,000,000 for fiscal year 2005.''.
(d) Authorizing Program Expansion and Modifications.--(1) Paragraph
(2) of subsection (b) of such section 1896 is amended to read as
follows:
``(2) Location of sites.--Subject to subsection (k)(2)(B), the
program shall be conducted in any site that is designated jointly by the
administering Secretaries.''.
(2) Subsection (d)(2) of such section is amended by inserting ``, or
(subject to subsection (k)(2)(B)) such comparable requirements as are
included in the agreement under subsection (b)(1)(A)'' after ``the
following areas''.
(3) Subsection (i) of such section is amended--
(A) in paragraph (2), by inserting ``subject to paragraph (4),''
after ``paragraph (1)''; and
(B) by striking paragraph (4) and inserting the following:
``(4) Modification of payment methodology.--The administering
Secretaries may, subject to subsection (k)(2)(B), modify the payment
methodology provided under paragraphs (1) and (2) so long as the amount
of the reimbursement provided to the Secretary of Defense fully
reimburses the Department of Defense for its cost of providing services
under the program but does not exceed an amount that is estimated to be
equivalent to the amount that otherwise would have been expended under
this title for such services if provided other than under the program
(not including amounts described in paragraph (2)). Such limiting amount
may be based for any site on the amount that would be payable to
Medicare+Choice organizations under part C for the area of the site or
the amounts that would be payable under parts A and B.''.
(e) Change in Reports.--Paragraph (2) of subsection (k) of such
section 1896 is amended to read as follows:
``(2) Reports on program operation and changes.--
``(A) Annual report.--The administering Secretaries shall submit to
the Committees on Armed Services and Finance of the Senate and the
Committees on Armed Services and Ways and Means of the House of
Representatives an annual report on the program and its impact on costs
and the provision of health services under this title and title 10,
United States Code.
``(B) Before making certain program changes.--The administering
Secretaries shall submit to such Committees a report at least 60 days
before--
``(i) changing the designation of a site under subsection (b)(2);
``(ii) applying comparable requirements under subsection (d)(2);
``(iii) making significant changes in payment methodology or amounts
under subsection (i)(4);
``(iv) making other significant changes in the operation of the
program; or
``(v) terminating the agreement under the second sentence of
subsection (b)(4).
``(C) Explanation.--Each report under subparagraph (B) shall include
justifications for the changes or termination to which the report
refers.''.
(f) Conditional Effective Date.--(1) Upon negotiating an agreement
under the amendment made by subsection (c)(1), the Secretary of Defense
and the Secretary of Health and Human Services shall jointly transmit a
notification of the proposed agreement to the Committee on Armed
Services and the Committee on Finance of the Senate and the Committee on
Armed Services and the Committee on Ways and Means of the House of
Representatives, and shall include with the transmittal a copy of the
proposed agreement and all related agreements and supporting documents.
(2) Such proposed agreement shall take effect, and the amendments
made by subsections (c)(2), (c)(3), (d), and (e) shall take effect, on
such date as is provided for in such agreement and in an Act enacted
after the date of the enactment of this Act.
SEC. 713. ACCRUAL FUNDING FOR HEALTH CARE FOR
MEDICARE-ELIGIBLE RETIREES AND DEPENDENTS.
(a) Establishment of Fund.--(1) Part II of subtitle A of title 10,
United States Code, is amended by inserting after chapter 55 the
following new chapter:
`` CHAPTER 56--DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH
CARE FUND
``Sec.
``1111. Establishment and purpose of Fund; definitions.
``1112. Assets of Fund.
``1113. Payments from the Fund.
``1114. Board of Actuaries.
``1115. Determination of contributions to the Fund.
``1116. Payments into the Fund.
``1117. Investment of assets of Fund.
``1111. Establishment and purpose of Fund; definitions
``(a) There is established on the books of the Treasury a fund to be
known as the Department of Defense Medicare-Eligible Retiree Health Care
Fund (hereinafter in this chapter referred to as the ``Fund''), which
shall be administered by the Secretary of the Treasury. The Fund shall
be used for the accumulation of funds in order to finance on an
actuarially sound basis liabilities of the Department of Defense under
Department of Defense retiree health care programs for medicare-eligible
beneficiaries.
``(b) In this chapter:
``(1) The term `Department of Defense retiree health care programs
for medicare-eligible beneficiaries' means the provisions of this title
or any other provision of law creating entitlement to health care for a
medicare-eligible member or former member of the uniformed services
entitled to retired or retainer pay, or a medicare-eligible dependent of
a member or former member of the uniformed services entitled to retired
or retainer pay.
``(2) The term `medicare-eligible' means entitled to benefits under
part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et
seq.).
``(3) The term `dependent' means a dependent (as such term is
defined in section 1072 of this title) described in section 1076(b)(1)
of this title.
``1112. Assets of Fund
``There shall be deposited into the Fund the following, which shall
constitute the assets of the Fund:
``(1) Amounts paid into the Fund under section 1116 of this title.
``(2) Any amount appropriated to the Fund.
``(3) Any return on investment of the assets of the Fund.
``1113. Payments from the Fund
``(a) There shall be paid from the Fund amounts payable for
Department of Defense retiree health care programs for medicare-eligible
beneficiaries.
``(b) The assets of the Fund are hereby made available for payments
under subsection (a).
``1114. Board of Actuaries
``(a)(1) There is established in the Department of Defense a
Department of Defense Medicare-Eligible Retiree Health Care Board of
Actuaries (hereinafter in this chapter referred to as the ``Board'').
The Board shall consist of three members who shall be appointed by the
Secretary of Defense from among qualified professional actuaries who are
members of the Society of Actuaries.
``(2)(A) Except as provided in subparagraph (B), the members of the
Board shall serve for a term of 15 years, except that a member of the
Board appointed to fill a vacancy occurring before the end of the term
for which his predecessor was appointed shall only serve until the end
of such term. A member may serve after the end of his term until his
successor has taken office. A member of the Board may be removed by the
Secretary of Defense for misconduct or failure to perform functions
vested in the Board, and for no other reason.
``(B) Of the members of the Board who are first appointed under this
paragraph, one each shall be appointed for terms ending five, ten, and
15 years, respectively, after the date of appointment, as designated by
the Secretary of Defense at the time of appointment.
``(3) A member of the Board who is not otherwise an employee of the
United States is entitled to receive pay at the daily equivalent of the
annual rate of basic pay of the highest rate of basic pay under the
General Schedule of subchapter III of chapter 53 of title 5, for each
day the member is engaged in the performance of duties vested in the
Board, and is entitled to travel expenses, including a per diem
allowance, in accordance with section 5703 of title 5.
``(b) The Board shall report to the Secretary of Defense annually on
the actuarial status of the Fund and shall furnish its advice and
opinion on matters referred to it by the Secretary.
``(c) The Board shall review valuations of the Fund under section
1115(c) of this title and shall report periodically, not less than once
every four years, to the President and Congress on the status of the
Fund. The Board shall include in such reports recommendations for such
changes as in the Board's judgment are necessary to protect the public
interest and maintain the Fund on a sound actuarial basis.
``1115. Determination of contributions to the Fund
``(a) The Board shall determine the amount that is the present value
(as of October 1, 2002) of future benefits payable from the Fund that
are attributable to service in the uniformed services performed before
October 1, 2002. That amount is the original unfunded liability of the
Fund. The Board shall determine the period of time over which the
original unfunded liability should be liquidated and shall determine an
amortization schedule for the liquidation of such liability over that
period. Contributions to the Fund for the liquidation of the original
unfunded liability in accordance with such schedule shall be made as
provided in section 1116(b) of this title.
``(b)(1) The Secretary of Defense shall determine each year, in
sufficient time for inclusion in budget requests for the following
fiscal year, the total amount of Department of Defense contributions to
be made to the Fund during that fiscal year under section 1116(a) of
this title. That amount shall be the sum of the following:
``(A) The product of--
``(i) the current estimate of the value of the single level dollar
amount to be determined under subsection (c)(1)(A) at the time of the
next actuarial valuation under subsection (c); and
``(ii) the expected average force strength during that fiscal year
for members of the uniformed services on active duty (other than active
duty for training) and full-time National Guard duty (other than
full-time National Guard duty for training only).
``(B) The product of--
``(i) the current estimate of the value of the single level dollar
amount to be determined under subsection (c)(1)(B) at the time of the
next actuarial valuation under subsection (c); and
``(ii) the expected average force strength during that fiscal year
for members of the Ready Reserve of the uniformed services other than
members on full-time National Guard duty other than for training) who
are not otherwise described in subparagraph (A)(ii).
``(2) The amount determined under paragraph (1) for any fiscal year
is the amount needed to be appropriated to the Department of Defense for
that fiscal year for payments to be made to the Fund during that year
under section 1116(a) of this title. The President shall include not
less than the full amount so determined in the budget transmitted to
Congress for that fiscal year under section 1105 of title 31. The
President may comment and make recommendations concerning any such
amount.
``(c)(1) Not less often than every four years, the Secretary of
Defense shall carry out an actuarial valuation of the Fund. Each such
actuarial valuation shall include--
``(A) a determination (using the aggregate entry-age normal cost
method) of a single level dollar amount for members of the uniformed
services on active duty (other than active duty for training) or
full-time National Guard duty (other than full-time National Guard duty
for training only); and
``(B) a determination (using the aggregate entry-age normal cost
method) of a single level dollar amount for members of the Ready Reserve
of the uniformed services and other than members on full-time National
Guard duty other than for training) who are not otherwise described by
subparagraph (A).
Such single level dollar amounts shall be used for the purposes of
subsection (b) and section 1116(a) of this title.
``(2) If at the time of any such valuation there has been a change in
benefits under the Department of Defense retiree health care programs
for medicare-eligible beneficiaries that has been made since the last
such valuation and such change in benefits increases or decreases the
present value of amounts payable from the Fund, the Secretary of Defense
shall determine an amortization methodology and schedule for the
amortization of the cumulative unfunded liability (or actuarial gain to
the Fund) created by such change and any previous such changes so that
the present value of the sum of the amortization payments (or reductions
in payments that would otherwise be made) equals the cumulative increase
(or decrease) in the present value of such amounts.
``(3) If at the time of any such valuation the Secretary of Defense
determines that, based upon changes in actuarial assumptions since the
last valuation, there has been an actuarial gain or loss to the Fund,
the Secretary shall determine an amortization methodology and schedule
for the amortization of the cumulative gain or loss to the Fund created
by such change in assumptions and any previous such changes in
assumptions
through an increase or decrease in the payments that would
otherwise be made to the Fund.
``(4) If at the time of any such valuation the Secretary of Defense
determines that, based upon the Fund's actuarial experience (other than
resulting from changes in benefits or actuarial assumptions) since the
last valuation, there has been an actuarial gain or loss to the Fund,
the Secretary shall determine an amortization methodology and schedule
for the amortization of the cumulative gain or loss to the Fund created
by such actuarial experience and any previous actuarial experience
through an increase or decrease in the payments that would otherwise be
made to the Fund.
``(5) Contributions to the Fund in accordance with amortization
schedules under paragraphs (2), (3), and (4) shall be made as provided
in section 1116(b) of this title.
``(d) All determinations under this section shall be made using
methods and assumptions approved by the Board of Actuaries (including
assumptions of interest rates and medical inflation) and in accordance
with generally accepted actuarial principles and practices.
``(e) The Secretary of Defense shall provide for the keeping of such
records as are necessary for determining the actuarial status of the
Fund.
``1116. Payments into the Fund
``(a) The Secretary of Defense shall pay into the Fund at the end of
each month as the Department of Defense contribution to the Fund for
that month the amount that is the sum of the following:
``(1) The product of--
``(A) the monthly dollar amount determined using all the methods and
assumptions approved for the most recent (as of the first day of the
current fiscal year) actuarial valuation under section 1115(c)(1)(A) of
this title (except that any statutory change in the Department of
Defense retiree health care programs for medicare-eligible beneficiaries
that is effective after the date of that valuation and on or before the
first day of the current fiscal year shall be used in such
determination); and
``(B) the total end strength for that month for members of the
uniformed services on active duty (other than active duty for training)
and full-time National Guard duty (other than full-time National Guard
duty for training only).
``(2) The product of--
``(A) the level monthly dollar amount determined using all the
methods and assumptions approved for the most recent (as of the first
day of the current fiscal year) actuarial valuation under section
1115(c)(1)(B) of this title (except that any statutory change in the
Department of Defense retiree health care programs for medicare-eligible
beneficiaries that is effective after the date of that valuation and on
or before the first day of the current fiscal year shall be used in such
determination); and
``(B) the total end strength for that month for members of the Ready
Reserve of the uniformed services other than members on full-time
National Guard duty other than for training) who are not otherwise
described in paragraph (1)(B). Amounts paid into the Fund under this
subsection shall be paid from funds available for the Defense Health
Program.
``(b)(1) At the beginning of each fiscal year the Secretary of the
Treasury shall promptly pay into the Fund from the General Fund of the
Treasury the amount certified to the Secretary by the Secretary of
Defense under paragraph (3). Such payment shall be the contribution to
the Fund for that fiscal year required by sections 1115(a) and 1115(c)
of this title.
``(2) At the beginning of each fiscal year the Secretary of Defense
shall determine the sum of the following:
``(A) The amount of the payment for that year under the amortization
schedule determined by the Board of Actuaries under section 1115(a) of
this title for the amortization of the original unfunded liability of
the Fund.
``(B) The amount (including any negative amount) for that year under
the most recent amortization schedule determined by the Secretary of
Defense under section 1115(c)(2) of this title for the amortization of
any cumulative unfunded liability (or any gain) to the Fund resulting
from changes in benefits.
``(C) The amount (including any negative amount) for that year under
the most recent amortization schedule determined by the Secretary of
Defense under section 1115(c)(3) of this title for the amortization of
any cumulative actuarial gain or loss to the Fund resulting from
actuarial assumption changes.
``(D) The amount (including any negative amount) for that year under
the most recent amortization schedule determined by the Secretary of
Defense under section 111(c)(4) of this title for the amortization of
any cumulative actuarial gain or loss to the Fund resulting from
actuarial experience.
``(3) The Secretary of Defense shall promptly certify the amount
determined under paragraph (2) each year to the Secretary of the
Treasury.
``1117. Investment of assets of Fund
``The Secretary of the Treasury shall invest such portion of the Fund
as is not in the judgment of the Secretary of Defense required to meet
current withdrawals. Such investments shall be in public debt securities
with maturities suitable to the needs of the Fund, as determined by the
Secretary of Defense, and bearing interest at rates determined by the
Secretary of the Treasury, taking into consideration current market
yields on outstanding marketable obligations of the United States of
comparable maturities. The income on such investments shall be credited
to and form a part of the Fund.''.
(2) The tables of chapters at the beginning of subtitle A, and at the
beginning of part II of subtitle A, of title 10, United States Code, are
amended by inserting after the item relating to chapter 55 the following
new item:
``56. Department of Defense Medicare-Eligible Retiree Health Care Fund
1111.''.
(b) Delayed Effective Dates for Certain Provisions.--(1) Sections
1113 and 1116 of title 10, United States Code (as added by subsection
(a)), shall take effect on October 1, 2002.
(2) Section 1115 of such title (as added by such subsection) shall
take effect on October 1, 2001.
Subtitle C--TRICARE Program
SEC. 721. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE
TRICARE PROGRAM.
(a) Waiver of Nonavailability Statement or Preauthorization.--In the
case of a covered beneficiary under chapter 55 of title 10, United
States Code, who is enrolled in TRICARE Standard, the Secretary of
Defense may not require with regard to authorized health care services
(other than mental health services) under any new contract for the
provision of health care services under such chapter that the
beneficiary--
(1) obtain a nonavailability statement or preauthorization from a
military medical treatment facility in order to receive the services
from a civilian provider; or
(2) obtain a nonavailability statement for care in specialized
treatment facilities outside the 200-mile radius of a military medical
treatment facility.
(b) Notice.--The Secretary may require that the covered beneficiary
inform the primary care manager of the beneficiary of any health care
received from a civilian provider or in a specialized treatment
facility.
(c) Exceptions.--Subsection (a) shall not apply if--
(1) the Secretary demonstrates significant costs would be avoided by
performing specific procedures at the affected military medical
treatment facilities;
(2) the Secretary determines that a specific procedure must be
provided at the affected military medical treatment facility to ensure
the proficiency levels of the practitioners at the facility; or
(3) the lack of nonavailability statement data would significantly
interfere with TRICARE contract administration.
(d) Effective Date --This section shall take effect on October 1,
2001.
SEC. 722. ADDITIONAL BENEFICIARIES UNDER TRICARE PRIME REMOTE
PROGRAM IN THE CONTINENTAL UNITED STATES.
(a) Coverage of Other Uniformed Services.--(1) Section 1074(c) of
title 10, United States Code, is amended--
(A) by striking ``armed forces'' each place it appears, except in
paragraph (3)(A), and inserting ``uniformed services'';
(B) in paragraph (1), by inserting after ``military department'' in
the first sentence the following: ``, the Department of Transportation
(with respect to the Coast Guard when it is not operating as a service
in the Navy), or the Department of Health and Human Services (with
respect to the National Oceanic and Atmospheric Administration and the
Public Health Service)'';
(C) in paragraph (2), by adding at the end the following:
``(C) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this paragraph.'';
and
(D) in paragraph (3)(A), by striking ``The Secretary of Defense may
not require a member of the armed forces described in subparagraph (B)''
and inserting ``A member of the uniformed services described in
subparagraph (B) may not be required''.
(2)(A) Subsections (b), (c), and (d)(3) of section 731 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105
85; 111 Stat. 1811; 10 U.S.C. 1074 note) are amended by striking ``Armed
Forces'' and inserting ``uniformed services''.
(B) Subsection (b) of such section is further amended by adding at
the end the following:
``(4) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this subsection.''.
(C) Subsection (f) of such section is amended by adding at the end
the following:
``(3) The terms `uniformed services' and `administering Secretaries'
have the meanings given those terms in section 1072 of title 10, United
States Code.''.
(3) Section 706(b) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106 65; 113 Stat. 684) is amended by
striking ``Armed Forces'' and inserting ``uniformed services (as defined
in section 1072(1) of title 10, United States Code)''.
(b) Coverage of Immediate Family.--(1) Section 1079 of title 10,
United States Code, is amended by adding at the end the following:
``(p)(1) Subject to such exceptions as the Secretary of Defense
considers necessary, coverage for medical care under this section for
the dependents referred to in subsection (a) of a member of the
uniformed services referred to in section 1074(c)(3) of this title who
are residing with the member, and standards with respect to timely
access to such care, shall be comparable to coverage for medical care
and standards for timely access to such care under the managed care
option of the TRICARE program known as TRICARE Prime.
``(2) The Secretary of Defense shall enter into arrangements with
contractors under the TRICARE program or with other appropriate
contractors for the timely and efficient processing of claims under this
subsection.
``(3) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this subsection.''.
(2) Section 731(b) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105 85; 111 Stat. 1811; 10 U.S.C. 1074
note) is amended--
(A) in paragraph (1), by adding at the end the following: ``A
dependent of the member, as described in subparagraph (A), (D), or (I)
of section 1072(2) of title 10, United States Code, who is residing with
the member shall have the same entitlement to care and to waiver of
charges as the member.''; and
(B) in paragraph (2), by inserting ``or dependent of the member, as
the case may be,'' after ``(2) A member''.
(c) Effective Dates; Applicability.--(1) The amendments made by
subsections (a)(1) and (b)(1) shall take effect on October 1, 2001.
(2) The amendments made by subsection (a)(2), with respect to members
of the uniformed services, and the amendments made by subsection (b)(2),
with respect to dependents of members, shall take effect on the date of
the enactment of this Act and shall expire with respect to a member or
the dependents of a member, respectively, on the later of the following:
(A) The date that is one year after the date of the enactment of
this Act.
(B) The date on which the policies required by the amendments made
by subsection (a)(1) or (b)(1) are implemented with respect to the
coverage of medical care for and provision of such care to the member or
dependents, respectively.
(3) Section 731(b)(3) of Public Law 105 85 does not apply to a member
of the Coast Guard, the National Oceanic and Atmospheric Administration,
or the Commissioned Corps of the Public Health Service, or to a
dependent of a member of a uniformed service.
SEC. 723. MODERNIZATION OF TRICARE BUSINESS PRACTICES AND
INCREASE OF USE OF MILITARY TREATMENT FACILITIES.
(a) Requirement To Implement Internet-Based System.--Not later than
October 1, 2001, the Secretary of Defense shall implement a system to
simplify and make accessible through the use of the Internet, through
commercially available systems and products, critical administrative
processes within the military health care system and the TRICARE
program. The purposes of the system shall be to enhance efficiency,
improve service, and achieve commercially recognized standards of
performance.
(b) Elements of System.--The system required by subsection (a)--
(1) shall comply with patient confidentiality and security
requirements, and incorporate data requirements, that are currently
widely used by insurers under medicare and commercial insurers;
(2) shall be designed to achieve improvements with respect to--
(A) the availability and scheduling of appointments;
(B) the filing, processing, and payment of claims;
(C) marketing and information initiatives;
(D) the continuation of enrollments without expiration;
(E) the portability of enrollments nationwide;
(F) education of beneficiaries regarding the military health care
system and the TRICARE program; and
(G) education of health care providers regarding such system and
program; and
(3) may be implemented through a contractor under TRICARE Prime.
(c) Areas of Implementation.--The Secretary shall implement the
system required by subsection (a) in at least one region under the
TRICARE program.
(d) Plan for Improved Portability of Benefits.--Not later than March
15, 2001, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a plan to
provide portability and reciprocity of benefits for all enrollees under
the TRICARE program throughout all TRICARE regions.
(e) Increase of Use of Military Medical Treatment Facilities.--The
Secretary shall initiate a program to maximize the use of military
medical treatment facilities by improving the efficiency of health care
operations in such facilities.
(f) Definition.--In this section the term ``TRICARE program'' has the
meaning given such term in section 1072 of title 10, United States Code.
SEC. 724. EXTENSION OF TRICARE MANAGED CARE SUPPORT CONTRACTS.
(a) Authority.--Notwithstanding any other provision of law and
subject to subsection (b), any TRICARE managed care support contract in
effect, or in the final stages of acquisition, on September 30, 1999,
may be extended for four years.
(b) Conditions.--Any extension of a contract under subsection (a)--
(1) may be made only if the Secretary of Defense determines that it
is in the best interest of the United States to do so; and
(2) shall be based on the price in the final best and final offer
for the last year of the existing contract as adjusted for inflation and
other factors mutually agreed to by the contractor and the Federal
Government.
SEC. 725. REPORT ON PROTECTIONS AGAINST HEALTH CARE PROVIDERS
SEEKING DIRECT REIMBURSEMENT FROM MEMBERS OF THE UNIFORMED SERVICES.
Not later than January 31, 2001, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report recommending practices to discourage or
prohibit health care providers under the TRICARE program, and
individuals or entities working on behalf of such providers, from
seeking direct reimbursement from members of the uniformed services or
their dependents for health care received by such members or dependents.
SEC. 726. VOLUNTARY TERMINATION OF ENROLLMENT IN TRICARE
RETIREE DENTAL PROGRAM.
(a) Procedures.--Section 1076c of title 10, United States Code, is
amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new subsection
(i):
``(i) Voluntary Disenrollment.--(1) With respect to enrollment in the
dental insurance plan established under subsection (a), the Secretary of
Defense--
``(A) shall allow for a period of up to 30 days at the beginning of
the prescribed minimum enrollment period during which an enrollee may
disenroll; and
``(B) shall provide for limited circumstances under which
disenrollment shall be permitted during the prescribed enrollment
period, without jeopardizing the fiscal integrity of the dental program.
``(2) The circumstances described in paragraph (1)(B) shall include--
``(A) a case in which a retired member, surviving spouse, or
dependent of a retired member who is also a Federal employee is assigned
to a location outside the jurisdiction of the dental insurance plan
established under subsection (a) that prevents utilization of dental
benefits under the plan;
``(B) a case in which a retired member, surviving spouse, or
dependent of a retired member is prevented by a serious medical
condition from being able to obtain benefits under the plan;
``(C) a case in which severe financial hardship would result; and
``(D) any other circumstances which the Secretary considers
appropriate.
``(3) The Secretary shall establish procedures for timely decisions
on requests for disenrollment under this section and for appeal to the
TRICARE Management Activity of adverse decisions.''
(b) Clarifying Amendment.--The heading for subsection (f) is amended
by striking `` Termination'' and inserting `` Required Terminations''.
SEC. 727. CLAIMS PROCESSING IMPROVEMENTS.
Beginning on the date of the enactment of this Act, the Secretary of
Defense shall, to the maximum extent practicable, take all necessary
actions to implement the following improvements with respect to
processing of claims under the TRICARE program:
(1) Use of the TRICARE encounter data information system rather than
the health care service record in maintaining information on covered
beneficiaries under chapter 55 of title 10, United States Code.
(2) Elimination of all delays in payment of claims to health care
providers that may result from the development of the health care
service record or TRICARE encounter data information.
(3) Requiring all health care providers under the TRICARE program
that the Secretary determines are high-volume providers to submit claims
electronically.
(4) Processing 50 percent of all claims by health care providers and
institutions under the TRICARE program by electronic means.
(5) Authorizing managed care support contractors under the TRICARE
program to require providers to access information on the status of
claims through the use of telephone automated voice response units.
SEC. 728. PRIOR AUTHORIZATIONS FOR CERTAIN REFERRALS AND
NONAVAILABILITY-OF-HEALTH-CARE STATEMENTS.
(a) Prohibition Regarding Prior Authorization for Referrals.--(1)
Chapter 55 of title 10, United States Code, is amended by inserting
after section 1095e the following new section:
``1095f. TRICARE program: referrals for specialty health care
``The Secretary of Defense shall ensure that no contract for managed
care support under the TRICARE program includes any requirement that a
managed care support contractor require a primary care or specialty care
provider to obtain prior authorization before referring a patient to a
specialty care provider that is part of the network of health care
providers or institutions of the contractor.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1095e the following new
item:
``1095f. TRICARE program: referrals for specialty health care.''.
(b) Report.--Not later than February 1, 2001, the Comptroller General
shall submit to Congress a report on the financial and management
implications of eliminating the requirement to obtain
nonavailability-of-health-care statements under section 1080 of title
10, United States Code.
(c) Effective Date.--Section 1095f of title 10, United States Code,
as added by subsection (a), shall apply with respect to a TRICARE
managed care support contract entered into by the Department of Defense
after the date of the enactment of this Act.
Subtitle D--Demonstration Projects
SEC. 731. DEMONSTRATION PROJECT FOR EXPANDED ACCESS TO MENTAL
HEALTH COUNSELORS.
(a) Requirement To Conduct Demonstration Project.--The Secretary of
Defense shall conduct a demonstration project under which licensed and
certified professional mental health counselors who meet eligibility
requirements for participation as providers under the Civilian Health
and Medical Program of the Uniformed Services (hereafter in this section
referred to as ``CHAMPUS'') or the TRICARE program may provide services
to covered beneficiaries under chapter 55 of title 10, United States
Code, without referral by physicians or adherence to supervision
requirements.
(b) Duration and Location of Project.--The Secretary shall conduct
the demonstration project required by subsection (a)--
(1) during the 2-year period beginning October 1, 2001; and
(2) in one established TRICARE region.
(c) Regulations.--The Secretary shall prescribe regulations regarding
participation in the demonstration project required by subsection (a).
(d) Plan for Project.--Not later than March 31, 2001, the Secretary
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a plan to carry out the demonstration project.
The plan shall include, but not be limited to, a description of the
following:
(1) The TRICARE region in which the project will be conducted.
(2) The estimated funds required to carry out the demonstration
project.
(3) The criteria for determining which professional mental health
counselors will be authorized to participate under the demonstration
project.
(4) The plan of action, including critical milestone dates, for
carrying out the demonstration project.
(e) Report.--Not later than February 1, 2003, the Secretary shall
submit to Congress a report on the demonstration project carried out
under this section. The report shall include the following:
(1) A description of the extent to which expenditures for
reimbursement of licensed or certified professional mental health
counselors change as a result of allowing the independent practice of
such counselors.
(2) Data on utilization and reimbursement regarding non-physician
mental health professionals other than licensed or certified
professional mental health counselors under CHAMPUS and the TRICARE
program.
(3) Data on utilization and reimbursement regarding physicians who
make referrals to, and supervise, mental health counselors.
(4) A description of the administrative costs incurred as a result
of the requirement for documentation of referral to mental health
counselors and supervision activities for such counselors.
(5) For each of the categories described in paragraphs (1) through
(4), a comparison of data for a 1-year period for the area in which the
demonstration project is being implemented with corresponding data for a
similar area in which the demonstration project is not being
implemented.
(6) A description of the ways in which allowing for independent
reimbursement of licensed or certified professional mental health
counselors affects the confidentiality of mental health and substance
abuse services for covered beneficiaries under CHAMPUS and the TRICARE
program.
(7) A description of the effect, if any, of changing reimbursement
policies on the health and treatment of covered beneficiaries under
CHAMPUS and the TRICARE program, including a comparison of the treatment
outcomes of covered beneficiaries who receive mental health services
from licensed or certified professional mental health counselors acting
under physician referral and supervision, other non-physician mental
health providers recognized under CHAMPUS and the TRICARE program, and
physicians, with treatment outcomes under the demonstration project
allowing independent practice of professional counselors on the same
basis as other non-physician mental health providers.
(8) The effect of policies of the Department of Defense on the
willingness of licensed or certified professional mental health
counselors to participate as health care providers in CHAMPUS and the
TRICARE program.
(9) Any policy requests or recommendations regarding mental health
counselors made by health care plans and managed care organizations
participating in CHAMPUS or the TRICARE program.
SEC. 732. TELERADIOLOGY DEMONSTRATION PROJECT.
(a) Authority To Conduct Project.--(1) The Secretary of Defense may
conduct a demonstration project for the purposes of increasing
efficiency of operations with respect to teleradiology at military
medical treatment facilities, supporting remote clinics, and increasing
coordination with respect to teleradiology between such facilities and
clinics. Under the project, a military medical treatment facility and
each clinic supported by such facility shall be linked by a digital
radiology network through which digital radiology X-rays may be sent
electronically from clinics to the military medical treatment facility.
(2) The demonstration project may be conducted at several
multispecialty tertiary-care military medical treatment facilities
affiliated with a university medical school. One of such facilities
shall be supported by at least 5 geographically dispersed remote clinics
of the Departments of the Army, Navy, and Air Force, and clinics of the
Department of Veterans Affairs and the Coast Guard. Another of such
facilities shall be in an underserved rural geographic region served
under established telemedicine contracts between the Department of
Defense, the Department of Veterans Affairs, and a local university.
(b) Duration of Project.--The Secretary shall conduct the project
during the 2-year period beginning on the date of the enactment of this
Act.
SEC. 733. HEALTH CARE MANAGEMENT DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary of Defense shall carry out a
demonstration program on health care management to explore opportunities
for improving the planning, programming, budgeting systems, and
management of the Department of Defense health care system.
(b) Test Models.--Under the demonstration program, the Secretary
shall test the use of the following planning and management models:
(1) A health care simulation model for studying alternative delivery
policies, processes, organizations, and technologies.
(2) A health care simulation model for studying long term disease
management.
(c) Demonstration Sites.--The Secretary shall test each model
separately at one or more sites.
(d) Period for Program.--The demonstration program shall begin not
later than 180 days after the date of the enactment of this Act and
shall terminate on December 31, 2001.
(e) Reports.--The Secretary of Defense shall submit a report on the
demonstration program to the Committees on Armed Services of the Senate
and the House of Representatives not later than March 15, 2002. The
report shall include the Secretary's assessment of the value of
incorporating the use of the tested planning and management models
throughout the planning, programming, budgeting systems, and management
of the Department of Defense health care system.
(f) Funding.--Of the amount authorized to be appropriated under
section 301(22), $6,000,000 shall be available for the demonstration
program under this section.
Subtitle E--Joint Initiatives With Department of Veterans Affairs
SEC. 741. VA-DOD SHARING AGREEMENTS FOR HEALTH SERVICES.
(a) Primacy of Sharing Agreements.--The Secretary of Defense shall--
(1) give full force and effect to any agreement into which the
Secretary or the Secretary of a military department entered under
section 8111 of title 38, United States Code, or under section 1535 of
title 31, United States Code, which was in effect on September 30, 1999;
and
(2) ensure that the Secretary of the military department concerned
directly reimburses the Secretary of Veterans Affairs for any services
or resources provided under such agreement in accordance with the terms
of such agreement, including terms providing for reimbursement from
funds available for that military department.
(b) Modification or Termination.--Any agreement described in
subsection (a) shall remain in effect in accordance with such subsection
unless, during the 12-month period following the date of the enactment
of this Act, such agreement is modified or terminated in accordance with
the terms of such agreement.
SEC. 742. PROCESSES FOR PATIENT SAFETY IN MILITARY AND
VETERANS HEALTH CARE SYSTEMS.
(a) Error Tracking Process.--The Secretary of Defense shall implement
a centralized process for reporting, compilation, and analysis of errors
in the provision of health care under the defense health program that
endanger patients beyond the normal risks associated with the care and
treatment of such patients. To the extent practicable, that process
shall emulate the system established by the Secretary of Veterans
Affairs for reporting, compilation, and analysis of errors in the
provision of health care under the Department of Veterans Affairs health
care system that endanger patients beyond such risks.
(b) Sharing of Information.--The Secretary of Defense and the
Secretary of Veterans Affairs--
(1) shall share information regarding the designs of systems or
protocols established to reduce errors in the provision of health care
described in subsection (a); and
(2) shall develop such protocols as the Secretaries consider
necessary for the establishment and administration of effective
processes for the reporting, compilation, and analysis of such errors.
SEC. 743. COOPERATION IN DEVELOPING PHARMACEUTICAL
IDENTIFICATION TECHNOLOGY.
The Secretary of Defense and the Secretary of Veterans Affairs shall
cooperate in developing systems for the use of bar codes for the
identification of pharmaceuticals in the health care programs of the
Department of Defense and the Department of Veterans Affairs. In any
case in which a common pharmaceutical is used in such programs, the bar
codes for those pharmaceuticals shall, to the maximum extent
practicable, be identical.
Subtitle F--Other Matters
SEC. 751. MANAGEMENT OF ANTHRAX VACCINE IMMUNIZATION PROGRAM.
(a) System and Procedures for Tracking Separations.--(1) Chapter 59
of title 10, United States Code, is amended by adding at the end the
following new section:
``1178. System and procedures for tracking separations
resulting from refusal to participate in anthrax vaccine immunization
program
``(a) Requirement To Establish System.--The Secretary of each
military department shall establish a system for tracking, recording,
and reporting separations of members of the armed forces under the
Secretary's jurisdiction that result from procedures initiated as a
result of a refusal to participate in the anthrax vaccine immunization
program.
``(b) Report.--The Secretary of Defense shall consolidate the
information recorded under the system described in subsection (a) and
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives not later than April 1 of each year a report on
such information. Each such report shall include a description of--
``(1) the number of members separated, categorized by military
department, grade, and active-duty or reserve status; and
``(2) any other information determined appropriate by the
Secretary.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``1178. System and procedures for tracking separations resulting
from refusal to participate in anthrax vaccine immunization program.''.
(b) Procedures for Exemptions; Monitoring Adverse Reactions.--(1)
Chapter 55 of such title is amended by adding at the end the following
new section:
``1110. Anthrax vaccine immunization program; procedures for
exemptions and monitoring reactions
``(a) Procedures for Medical and Administrative Exemptions.--(1) The
Secretary of Defense shall establish uniform procedures under which
members of the armed forces may be exempted from participating in the
anthrax vaccine immunization program for either administrative or
medical reasons.
``(2) The Secretaries of the military departments shall provide for
notification of all members of the armed forces of the procedures
established pursuant to paragraph (1).
``(b) System for Monitoring Adverse Reactions.--(1) The Secretary
shall establish a system for monitoring adverse reactions of members of
the armed forces to the anthrax vaccine. That system shall include the
following:
``(A) Independent review of Vaccine Adverse Event Reporting System
reports.
``(B) Periodic surveys of personnel to whom the vaccine is
administered.
``(C) A continuing longitudinal study of a pre-identified group of
members of the armed forces (including men and women and members from
all services).
``(D) Active surveillance of a sample of members to whom the anthrax
vaccine has been administered that is sufficient to identify, at the
earliest opportunity, any patterns of adverse reactions, the discovery
of which might be delayed by reliance solely on the Vaccine Adverse
Event Reporting System.
``(2) The Secretary may extend or expand any ongoing or planned study
or analysis of trends in adverse reactions of members of the armed
forces to the anthrax vaccine in order to meet any of the requirements
in paragraph (1).
``(3) The Secretary shall establish guidelines under which members of
the armed forces who are determined by an independent expert panel to be
experiencing unexplained adverse reactions may obtain access to a
Department of Defense Center of Excellence treatment facility for
expedited treatment and follow up.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``1110. Anthrax vaccine immunization program; procedures for
exemptions and monitoring reactions.''.
(c) Emergency Essential Employees.--(1) Chapter 81 of such title is
amended by inserting after section 1580 the following new section:
``1580a. Emergency essential employees: notification of
required participation in anthrax vaccine immunization program
``The Secretary of Defense shall--
``(1) prescribe regulations for the purpose of ensuring that any
civilian employee of the Department of Defense who is determined to be
an emergency essential employee and who is required to participate in
the anthrax vaccine immunization program is notified of the requirement
to participate in the program and the consequences of a decision not to
participate; and
``(2) ensure that any individual who is being considered for a
position as such an employee is notified of the obligation to
participate in the program before being offered employment in such
position.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1580 the following new
item:
``1580a. Emergency essential employees: notification of required
participation in anthrax vaccine immunization program.''.
(d) Comptroller General Report.--(1) Not later than April 1, 2002,
the Comptroller General shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the effect of
the Department of Defense anthrax vaccine immunization program on the
recruitment and retention of active duty and reserve military personnel
and civilian personnel of the Department of Defense. The study shall
cover the period beginning on the date of the enactment of this Act and
ending on December 31, 2001.
(2) The Comptroller General shall include in the report required by
paragraph (1) a description of any personnel actions (including
transfer, termination, or reassignment of any personnel) taken as a
result of the refusal of any civilian employee of the Department of
Defense to participate in the anthrax vaccine immunization program.
(e) Deadlines for Establishment and Implementation.--The Secretary of
Defense shall--
(1) not later than April 1, 2001, establish the uniform procedures
for exemption from participation in the anthrax vaccine immunization
program of the Department of Defense required under subsection (a) of
section 1110 of title 10, United States Code (as added by subsection
(b));
(2) not later than July 1, 2001, establish the system for monitoring
adverse reactions of members of the Armed Forces to the anthrax vaccine
required under subsection (b)(1) of such section;
(3) not later than April 1, 2001, establish the guidelines under
which members of the Armed Forces may obtain access to a Department of
Defense Center of Excellence treatment facility for expedited treatment
and follow up required under subsection (b)(3) of such section; and
(4) not later than July 1, 2001, prescribe the regulations regarding
emergency essential employees of the Department of Defense required
under subsection (a) of section 1580a of such title (as added by
subsection(c)).
SEC. 752. ELIMINATION OF COPAYMENTS FOR IMMEDIATE FAMILY.
(a) No Copayment for Immediate Family.--Section 1097a of title 10,
United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new subsection
(e):
``(e) No Copayment for Immediate Family.--No copayment shall be
charged a member for care provided under TRICARE Prime to a dependent of
a member of the uniformed services described in subparagraph (A), (D),
or (I) of section 1072 of this title.''.
(b) Effective Date.--The amendments made by subsection (a) shall take
effect 180 days after the date of the enactment of this Act, and shall
apply with respect to care provided on or after that date.
SEC. 753. MEDICAL INFORMATICS.
(a) Additional Matters for Annual Report on Medical Informatics
Advisory Committee.--Section 723(d)(5) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106 65; 113 Stat.
697; 10 U.S.C. 1071 note) is amended to read as follows:
``(5) The Secretary of Defense shall submit to Congress an annual
report on medical informatics. The report shall include a discussion of
the following matters:
``(A) The activities of the Committee.
``(B) The coordination of development, deployment, and maintenance
of health care informatics systems within the Federal Government, and
between the Federal Government and the private sector.
``(C) The progress or growth occurring in medical informatics.
``(D) How the TRICARE program and the Department of Veterans Affairs
health care system can use the advancement of knowledge in medical
informatics to raise the standards of health care and treatment and the
expectations for improving health care and treatment.''.
(b) Limitation on Fiscal Year 2001 Funding for
Pharmaceuticals-Related Medical Informatics.--Of the funds authorized to
be appropriated under section 301(22), any amounts used for
pharmaceuticals-related informatics may be used only for the following:
(1) Commencement of the implementation of a new computerized medical
record, including an automated entry order system for pharmaceuticals
and an infrastructure network that is compliant with the provisions
enacted in the Health Insurance Portability and Accountability Act of
1996 (Public Law 104 191; 110 Stat. 1936), to make all relevant clinical
information on beneficiaries under the Defense Health Program available
when needed.
(2) An integrated pharmacy system under the Defense Health Program
that creates a single profile for all pharmaceuticals for such
beneficiaries prescribed at military medical treatment facilities or
private pharmacies that are part of the Department of Defense pharmacy
network.
SEC. 754. PATIENT CARE REPORTING AND MANAGEMENT SYSTEM.
(a) Establishment.--The Secretary of Defense shall establish a
patient care error reporting and management system.
(b) Purposes of System.--The purposes of the system are as follows:
(1) To study the occurrences of errors in the patient care provided
under chapter 55 of title 10, United States Code.
(2) To identify the systemic factors that are associated with such
occurrences.
(3) To provide for action to be taken to correct the identified
systemic factors.
(c) Requirements for System.--The patient care error reporting and
management system shall include the following:
(1) A hospital-level patient safety center, within the quality
assurance department of each health care organization of the Department
of Defense, to collect, assess, and report on the nature and frequency
of errors related to patient care.
(2) For each health care organization of the Department of Defense
and for the entire Defense health program, patient safety standards that
are necessary for the development of a full understanding of patient
safety issues in each such organization and the entire program,
including the nature and types of errors and the systemic causes of the
errors.
(3) Establishment of a Department of Defense Patient Safety Center
within the Armed Forces Institute of Pathology, which shall have the
following missions:
(A) To analyze information on patient care errors that is submitted
to the Center by each military health care organization.
(B) To develop action plans for addressing patterns of patient care
errors.
(C) To execute those action plans to mitigate and control errors in
patient care with a goal of ensuring that the health care organizations
of the Department of Defense provide highly reliable patient care with
virtually no error.
(D) To provide, through the Assistant Secretary of Defense for
Health Affairs, to the Agency for Healthcare Research and Quality of the
Department of Health and Human Services any reports that the Assistant
Secretary determines appropriate.
(E) To review and integrate processes for reducing errors associated
with patient care and for enhancing patient safety.
(F) To contract with a qualified and objective external organization
to manage the national patient safety database of the Department of
Defense.
(d) MedTeams Program.--The Secretary shall expand the health care
team coordination program to integrate that program into all Department
of Defense health care operations. In carrying out this subsection, the
Secretary shall take the following actions:
(1) Establish not less than two Centers of Excellence for the
development, validation, proliferation, and sustainment of the health
care team coordination program, one of which shall support all fixed
military health care organizations, the other of which shall support all
combat casualty care organizations.
(2) Deploy the program to all fixed and combat casualty care
organizations of each of the Armed Forces, at the rate of not less than
10 organizations in each fiscal year.
(3) Expand the scope of the health care team coordination program
from a focus on emergency department care to a coverage that includes
care in all major medical specialties, at the rate of not less than one
specialty in each fiscal year.
(4) Continue research and development investments to improve
communication, coordination, and team work in the provision of health
care.
(e) Consultation.--The Secretary shall consult with the other
administering Secretaries (as defined in section 1072(3) of title 10,
United States Code) in carrying out this section.
SEC. 755. AUGMENTATION OF ARMY MEDICAL DEPARTMENT BY DETAILING
RESERVE OFFICERS OF THE PUBLIC HEALTH SERVICE.
(a) Authority.--The Secretary of the Army and the Secretary of Health
and Human Services may jointly conduct a program to augment the Army
Medical Department by exercising any authorities provided to those
officials in law for the detailing of reserve commissioned officers of
the Public Health Service not in an active status to the Army Medical
Department for that purpose.
(b) Agreement.--The Secretary of the Army and the Secretary of Health
and Human Services shall enter into an agreement governing any program
conducted under subsection (a).
(c) Assessment.--(1) The Secretary of the Army shall review the laws
providing the authorities described in subsection (a) and assess the
adequacy of those laws for authorizing--
(A) the Secretary of Health and Human Services to detail reserve
commissioned officers of the Public Health Service not in an active
status to the Army Medical Department to augment that department; and
(B) the Secretary of the Army to accept the detail of such officers
for that purpose.
(2) The Secretary shall complete the review and assessment under
paragraph (1) not later than 90 days after the date of the enactment of
this Act.
(d) Report to Congress.--Not later than March 1, 2001, the Secretary
of the Army shall submit a report on the results of the review and
assessment under subsection (c) to the Committees on Armed Services of
the Senate and the House of Representatives. The report shall include
the following:
(1) The findings resulting from the review and assessment.
(2) Any proposal for legislation that the Secretary recommends to
strengthen the authority of the Secretary of Health and Human Services
and the authority of the Secretary of the Army to take the actions
described in subparagraphs (A) and (B), respectively, of subsection
(c)(1).
(e) Consultation Requirement.--The Secretary of the Army shall
consult with the Secretary of Health and Human Services in carrying out
the review and assessment under subsection (c) and in preparing the
report (including making recommendations) under subsection (d).
SEC. 756. PRIVACY OF DEPARTMENT OF DEFENSE MEDICAL RECORDS.
(a) Comprehensive Plan.--Not later than April 1, 2001, the Secretary
of Defense shall submit to Congress a comprehensive plan to improve
privacy protections for medical records maintained by the Department of
Defense. Such plan shall be consistent with the regulations promulgated
under section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104 191; 42 U.S.C. 1320d 2 note).
(b) Interim Regulations.--(1) Notwithstanding any other provision of
law, the Secretary shall prescribe interim regulations, pending full
implementation of the comprehensive plan described in subsection (a), to
improve privacy protections for medical records maintained by the
Department of Defense.
(2) The regulations prescribed under paragraph (1) shall provide
maximum protections for privacy consistent with such actions that the
Secretary determines are necessary for purposes of national security,
law enforcement, patient treatment, public health reporting,
accreditation and licensure review activities, external peer review and
other quality assurance program activities, payment for health care
services, fraud and abuse prevention, judicial and administrative
proceedings, research consistent with regulations on Governmentwide
protection of human subjects, Department of Veterans Affairs benefit
programs, and any other purposes identified by the Secretary for the
responsible management of the military health care system.
SEC. 757. AUTHORITY TO ESTABLISH SPECIAL LOCALITY-BASED
REIMBURSEMENT RATES; REPORTS.
(a) In General.--Section 1079(h) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(5) To assure access to care for all covered beneficiaries, the
Secretary of Defense, in consultation with the other administering
Secretaries, shall designate specific rates for reimbursement for
services in certain localities if the Secretary determines that without
payment of such rates access to health care services would be severely
impaired. Such a determination shall be based on consideration of the
number of providers in a locality who provide the services, the number
of such providers who are CHAMPUS participating providers, the number of
covered beneficiaries under CHAMPUS in the locality, the availability of
military providers in the location or a nearby location, and any other
factors determined to be relevant by the Secretary.''.
(b) Reports.--(1) Not later than March 31, 2001, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives and the General Accounting Office a
report on actions taken to carry out section 1079(h)(5) of title 10,
United States Code (as added by subsection (a)) and section 1097b of
such title.
(2) Not later than May 1, 2001, the Comptroller General shall submit
to Congress a report analyzing the utility of--
(A) increased reimbursement authorities with respect to ensuring the
availability of network providers and nonnetwork providers under the
TRICARE program to covered beneficiaries under chapter 55 of such title;
and
(B) requiring a reimbursement limitation of 70 percent of usual and
customary rates rather than 115 percent of maximum allowable charges
under the Civilian Health and Medical Program of the Uniformed Services.
(3)(A) Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the extent to which physicians are choosing not to participate in
contracts for the furnishing of health care in rural States under
chapter 55 of title 10, United States Code. The report shall include the
following:
(i) The number of physicians in rural States who are withdrawing
from participation, or otherwise refusing to participate, in the health
care contracts.
(ii) The reasons for the withdrawals and refusals.
(iii) The actions that the Secretary of Defense can take to
encourage more physicians to participate in the health care contracts.
(iv) Any recommendations for legislation that the Secretary
considers necessary to encourage more physicians to participate in the
health care contracts.
(B) In this paragraph, the term ``rural State'' means a State that
has, on average, as determined by the Bureau of the Census in the latest
decennial census--
(i) fewer than 76 residents per square mile; and
(ii) fewer than 211 actively practicing physicians (not counting
physicians employed by the United States) per 100,000 residents.
SEC. 758. REIMBURSEMENT FOR CERTAIN TRAVEL EXPENSES.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074h (as added by section 706) the
following new section:
``1074i. Reimbursement for certain travel expenses
``In any case in which a covered beneficiary is referred by a primary
care physician to a specialty care provider who provides services more
than 100 miles from the location in which the primary care provider
provides services to the covered beneficiary, the Secretary shall
provide reimbursement for reasonable travel expenses for the covered
beneficiary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1074g the following new item:
``1074i. Reimbursement for certain travel expenses.''.
SEC. 759. REDUCTION OF CAP ON PAYMENTS.
Section 1086(b)(4) of title 10, United States Code, is amended by
striking ``$7,500'' and inserting ``$3,000''.
SEC. 760. TRAINING IN HEALTH CARE MANAGEMENT AND ADMINISTRATION.
(a) Expansion of Program.--Section 715(a) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104 106; 110 Stat
375; 10 U.S.C. 1073 note) is amended--
(1) in the matter preceding paragraph (1), by striking ``Not later
than six months after the date of the enactment of this Act, the'' and
inserting ``The'';
(2) in paragraph (1)--
(A) by inserting ``, deputy commander, and managed care
coordinator'' after ``commander''; and
(B) by inserting ``, and any other person,'' after ``Defense''; and
(3) by amending subsection (b) to read as follows:
``(b) Limitation on Assignment Until Completion of Training.--No
person may be assigned as the commander, deputy commander, or managed
care coordinator of a military medical treatment facility or as a
TRICARE lead agent or senior member of the staff of a TRICARE lead agent
office until the Secretary of the military department concerned submits
a certification to the Secretary of Defense that such person has
completed the training described in subsection (a).''.
(b) Report Requirement.--(1) Not later than 18 months after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a report on progress in meeting the requirements of section 715
of such Act (as amended by subsection (a)) by implementing a
professional educational program to provide appropriate training in
health care management and administration.
(2) The report required by paragraph (1) shall include the following:
(A) A survey of professional civilian certifications and credentials
which demonstrate achievement of the requirements of such section.
(B) A description of the continuing education activities required to
obtain initial certification and periodic required recertification.
(C) A description of the prominence of such credentials or
certifications among senior civilian health care executives.
(c) Applicability.--The amendments made by subsection (a) to section
715 of such Act--
(1) shall apply to a deputy commander, a managed care coordinator of
a military medical treatment facility, or a lead agent for coordinating
the delivery of health care by military and civilian providers under the
TRICARE program, who is assigned to such position on or after the date
that is one year after the date of the enactment of this Act; and
(2) may apply, in the discretion of the Secretary of Defense, to a
deputy commander, a managed care coordinator of such a facility, or a
lead agent for coordinating the delivery of such health care, who is
assigned to such position before the date that is one year after the
date of the enactment of this Act.
SEC. 761. STUDIES ON FEASIBILITY OF SHARING BIOMEDICAL
RESEARCH FACILITY.
(a) Studies Required.--(1) The Secretary of the Army shall conduct a
study on the feasibility of the Tripler Army Medical Center, Hawaii,
sharing a biomedical research facility with the Department of Veterans
Affairs and the School of Medicine at the University of Hawaii for the
purpose of making more efficient use of funding for biomedical research.
(2) The Secretary of the Air Force shall conduct a study on the
feasibility of the Little Rock Medical Facility, Arkansas, sharing a
biomedical research facility with the Department of Veterans Affairs and
the School of Medicine at the University of Arkansas for the purpose of
making more efficient use of funding for biomedical research.
(3) The biomedical research facilities described in paragraphs (1)
and (2) would include a clinical research center and facilities for
educational, academic, and laboratory research.
(b) Reports.--Not later than March 1, 2001--
(1) the Secretary of the Army shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a report
on the study conducted under subsection (a)(1); and
(2) the Secretary of the Air Force shall submit to such committees a
report on the study conducted under subsection (a)(2).
SEC. 762. STUDY ON COMPARABILITY OF COVERAGE FOR PHYSICAL,
SPEECH, AND OCCUPATIONAL THERAPIES.
(a) Study Required.--The Secretary of Defense shall conduct a study
comparing coverage and reimbursement for covered beneficiaries under
chapter 55 of title 10, United States Code, for physical, speech, and
occupational therapies under the TRICARE program and the Civilian Health
and Medical Program of the Uniformed Services to coverage and
reimbursement for such therapies by insurers under Medicare
and the Federal Employees Health Benefits Program. The study
shall examine the following:
(1) Types of services covered.
(2) Whether prior authorization is required to receive such services.
(3) Reimbursement limits for services covered.
(4) Whether services are covered on both an inpatient and outpatient
basis.
(b) Report.--Not later than March 31, 2001, the Secretary shall
submit a report on the findings of the study conducted under this
section to the Committees on Armed Services of the Senate and the House
of Representatives.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
SUBTITLE A--AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES, PROCEDURES,
AND LIMITATIONS
Sec. 801. Department of Defense acquisition pilot programs.
Sec. 802. Multiyear services contracts.
Sec. 803. Clarification and extension of authority to carry out
certain prototype projects.
Sec. 804. Clarification of authority of Comptroller General to
review records of participants in certain prototype projects.
Sec. 805. Extension of time period of limitation on procurement of
ball bearings and roller bearings.
Sec. 806. Reporting requirements relating to multiyear contracts.
Sec. 807. Eligibility of small business concerns owned and
controlled by women for assistance under the mentor-protege program.
Sec. 808. Qualifications required for employment and assignment in
contracting positions.
Sec. 809. Revision of authority for solutions-based contracting
pilot program.
Sec. 810. Procurement notice of contracting opportunities through
electronic means.
SUBTITLE B--INFORMATION TECHNOLOGY
Sec. 811. Acquisition and management of information technology.
Sec. 812. Tracking and management of information technology purchases.
Sec. 813. Appropriate use of requirements regarding experience and
education of contractor personnel in the procurement of information
technology services.
Sec. 814. Navy-Marine Corps Intranet.
Sec. 815. Sense of Congress regarding information technology
systems for Guard and Reserve components.
SUBTITLE C--OTHER ACQUISITION-RELATED MATTERS
Sec. 821. Improvements in procurements of services.
Sec. 822. Financial analysis of use of dual rates for quantifying
overhead costs at Army ammunition plants.
Sec. 823. Repeal of prohibition on use of Department of Defense
funds for procurement of nuclear-capable shipyard crane from a foreign
source.
Sec. 824. Extension of waiver period for live-fire survivability
testing for MH 47E and MH 60K helicopter modification programs.
Sec. 825. Compliance with existing law regarding purchases of
equipment and products.
Sec. 826. Requirement to disregard certain agreements in awarding
contracts for the purchase of firearms or ammunition.
SUBTITLE D--STUDIES AND REPORTS
Sec. 831. Study on impact of foreign sourcing of systems on
long-term military readiness and related industrial infrastructure.
Sec. 832. Study of policies and procedures for transfer of
commercial activities.
Sec. 833. Study and report on practice of contract bundling in
military construction contracts.
Sec. 834. Requirement to conduct study on contract bundling.
Subtitle A--Amendments to General Contracting Authorities,
Procedures, and Limitations
SEC. 801. DEPARTMENT OF DEFENSE ACQUISITION PILOT PROGRAMS.
(a) Extension of Authority.--Section 5064(d)(2) of the Federal
Acquisition Streamlining Act of 1994 (Public Law 103 355; 108 Stat.
3361; 10 U.S.C. 2430 note) is amended by striking ``45 days after the
date of the enactment of this Act and ends on September 30, 1998'' and
inserting ``on October 13, 1994, and ends on October 1, 2007''.
(b) Expansion of JDAM Program.--Section 5064(a)(2) of such Act is
amended by striking ``1000-pound and 2000-pound bombs'' and inserting
``500-pound, 1000-pound, and 2000-pound bombs''.
(c) Report Required.--(1) Not later than January 1, 2001, the
Secretary of Defense shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report on the acquisition
pilot programs of the Department of Defense. The report shall describe,
for each acquisition program identified in section 5064(a) of the
Federal Acquisition Streamlining Act of 1994, the following:
(A) Each quantitative measure and goal established for each item
described in paragraph (2), which of such goals have been achieved, and
the extent to which the use of the authorities in section 809 of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law 101
510; 10 U.S.C. 2430 note) and section 5064 of the Federal Acquisition
Streamlining Act of 1994 was a factor in achieving each of such goals.
(B) Recommended revisions to statutes or the Federal Acquisition
Regulation as a result of participation in the pilot program.
(C) Any innovative business practices developed as a result of
participation in the pilot program, whether such business practices
could be applied to other acquisition programs, and any impediments to
application of such practices to other programs.
(D) Technological changes to the program, and to what extent those
changes affected the items in paragraph (2).
(E) Any other information determined appropriate by the Secretary.
(2) The items under this paragraph are, with respect to defense
acquisition programs, the following:
(A) The acquisition management costs.
(B) The unit cost of the items procured.
(C) The acquisition cycle.
(D) The total cost of carrying out the contract.
(E) Staffing necessary to carry out the program.
SEC. 802. MULTIYEAR SERVICES CONTRACTS.
(a) In General.--(1) Chapter 137 of title 10, United States Code, is
amended by inserting after section 2306b the following:
``2306c. Multiyear contracts: acquisition of services
``(a) Authority.--Subject to subsections (d) and (e), the head of an
agency may enter into contracts for periods of not more than five years
for services described in subsection (b), and for items of supply
related to such services, for which funds would otherwise be available
for obligation only within the fiscal year for which appropriated
whenever the head of the agency finds that--
``(1) there will be a continuing requirement for the services
consonant with current plans for the proposed contract period;
``(2) the furnishing of such services will require a substantial
initial investment in plant or equipment, or the incurrence of
substantial contingent liabilities for the assembly, training, or
transportation of a specialized work force; and
``(3) the use of such a contract will promote the best interests of
the United States by encouraging effective competition and promoting
economies in operation.
``(b) Covered Services.--The authority under subsection (a) applies
to the following types of services:
``(1) Operation, maintenance, and support of facilities and
installations.
``(2) Maintenance or modification of aircraft, ships, vehicles, and
other highly complex military equipment.
``(3) Specialized training necessitating high quality instructor
skills (for example, pilot and air crew members; foreign language
training).
``(4) Base services (for example, ground maintenance; in-plane
refueling; bus transportation; refuse collection and disposal).
``(c) Applicable Principles.--In entering into multiyear contracts
for services under the authority of this section, the head of the agency
shall be guided by the following principles:
``(1) The portion of the cost of any plant or equipment amortized as
a cost of contract performance should not exceed the ratio between the
period of contract performance and the anticipated useful commercial
life of such plant or equipment. Useful commercial life, for this
purpose, means the commercial utility of the facilities rather than the
physical life thereof, with due consideration given to such factors as
location of facilities, specialized nature thereof, and obsolescence.
``(2) Consideration shall be given to the desirability of obtaining
an option to renew the contract for a reasonable period not to exceed
three years, at prices not to include charges for plant, equipment and
other nonrecurring costs, already amortized.
``(3) Consideration shall be given to the desirability of reserving
in the agency the right, upon payment of the
unamortized portion of the cost of the plant or equipment, to
take title thereto under appropriate circumstances.
``(d) Restrictions Applicable Generally.--(1) The head of an agency
may not initiate under this section a contract for services that
includes an unfunded contingent liability in excess of $20,000,000
unless the committees of Congress named in paragraph (5) are notified of
the proposed contract at least 30 days in advance of the award of the
proposed contract.
``(2) The head of an agency may not initiate a multiyear contract for
services under this section if the value of the multiyear contract would
exceed $500,000,000 unless authority for the contract is specifically
provided by law.
``(3) The head of an agency may not terminate a multiyear procurement
contract for services until 10 days after the date on which notice of
the proposed termination is provided to the committees of Congress named
in paragraph (5).
``(4) Before any contract described in subsection (a) that contains a
clause setting forth a cancellation ceiling in excess of $100,000,000
may be awarded, the head of the agency concerned shall give written
notification of the proposed contract and of the proposed cancellation
ceiling for that contract to the committees of Congress named in
paragraph (5), and such contract may not then be awarded until the end
of a period of 30 days beginning on the date of such notification.
``(5) The committees of Congress referred to in paragraphs (1), (3),
and (4) are as follows:
``(A) The Committee on Armed Services and the Committee on
Appropriations of the Senate.
``(B) The Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
``(e) Cancellation or Termination for Insufficient Funding After
First Year.--In the event that funds are not made available for the
continuation of a multiyear contract for services into a subsequent
fiscal year, the contract sh