[106th Congress Public Law 398]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ398.106]
[[Page 114 STAT. 1654]]
Public Law 106-398
106th Congress
An Act
To authorize appropriations for fiscal year 2001 for military activities
of the Department of Defense, <<NOTE: Oct. 30, 2000 - [H.R. 4205]>>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: Incorporation by reference.>> 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. <<NOTE: 1 USC 112 note.>>
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.
Approved October 30, 2000.
LEGISLATIVE HISTORY--H.R. 4205 (S. 2549) (S. 2550):
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HOUSE REPORTS: Nos. 106-616 (Comm. on Armed Services) and 106-945 (Comm.
of Conference).
SENATE REPORTS: No. 106-292 accompanying S. 2549 (Comm. on Armed
Services).
CONGRESSIONAL RECORD, Vol. 146 (2000):
May 17, 18 considered and passed House.
July 13, considered and passed Senate, amended.
Oct. 11, House agreed to conference report.
Oct. 12, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Oct. 30, Presidential statement.
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ENDNOTE: The following appendix was added pursuant to the provisions
of sections 1 and 2 of this Act.
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[[Page 114 STAT. 1654A-1]]
APPENDIX--H.R. 5408
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
[[Page 114 STAT. 1654A-2]]
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.
[[Page 114 STAT. 1654A-3]]
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.
[[Page 114 STAT. 1654A-4]]
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.
[[Page 114 STAT. 1654A-5]]
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. 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.
[[Page 114 STAT. 1654A-6]]
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.
[[Page 114 STAT. 1654A-7]]
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.
[[Page 114 STAT. 1654A-8]]
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.
[[Page 114 STAT. 1654A-9]]
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.
[[Page 114 STAT. 1654A-10]]
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.
[[Page 114 STAT. 1654A-11]]
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.
[[Page 114 STAT. 1654A-12]]
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.
[[Page 114 STAT. 1654A-13]]
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.
[[Page 114 STAT. 1654A-14]]
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.
[[Page 114 STAT. 1654A-15]]
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.
[[Page 114 STAT. 1654A-16]]
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.
[[Page 114 STAT. 1654A-17]]
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.
[[Page 114 STAT. 1654A-18]]
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.
[[Page 114 STAT. 1654A-19]]
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. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
[[Page 114 STAT. 1654A-20]]
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:
[[Page 114 STAT. 1654A-21]]
(1) For aircraft, $8,394,338,000.
(2) For weapons, including missiles and torpedoes,
$1,443,600,000.
(3) For shipbuilding and conversion, $12,826,919,000.
(4) For other procurement, $3,380,680,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2001 for procurement for the Marine Corps in the amount
of $1,212,768,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2001 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $487,749,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2001
for procurement for the Air Force as follows:
(1) For aircraft, $9,923,868,000.
(2) For missiles, $2,863,778,000.
(3) For ammunition, $646,808,000.
(4) For other procurement, $7,711,647,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
(a) Amount Authorized.--Funds are hereby authorized to be
appropriated for fiscal year 2001 for Defense-wide procurement in the
amount of $2,278,408,000.
(b) Amount for National Missile Defense.--Of the funds authorized to
be appropriated in subsection (a), $74,530,000 shall be available for
the National Missile Defense program.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2001
for procurement for the Inspector General of the Department of Defense
in the amount of $3,300,000.
SEC. 106. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 2001
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $290,006,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY.
(a) M2A3 Bradley Fighting Vehicle.--(1) Beginning with the fiscal
year 2001 program year, the Secretary of the Army may, in accordance
with section 2306b of title 10, United States Code, enter into one or
more multiyear contracts for procurement of M2A3 Bradley fighting
vehicles.
(2) The Secretary of the Army may execute a contract authorized by
paragraph (1) only after--
(A) there is a successful completion of a M2A3 Bradley
initial operational test and evaluation (IOT&E); and
(B) the Secretary certifies in writing to the congressional
defense committees that the vehicle met all required test
parameters.
(b) Utility Helicopters.--Beginning with the fiscal year 2002
program year, the Secretary of the Army may, in accordance with
[[Page 114 STAT. 1654A-22]]
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.
[[Page 114 STAT. 1654A-23]]
(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.
[[Page 114 STAT. 1654A-24]]
(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
[[Page 114 STAT. 1654A-25]]
(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:
[[Page 114 STAT. 1654A-26]]
(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
[[Page 114 STAT. 1654A-27]]
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.
[[Page 114 STAT. 1654A-28]]
SEC. 128. HELICOPTER SUPPORT OF FFG-7 FRIGATES DURING FISCAL YEAR 2001.
During fiscal year 2001, the Secretary of the Navy shall operate one
squadron of six SH-2G helicopters to provide organic helicopter assets
for operational support of missions that are to be carried out by FFG-7
Flight I and Flight II frigates during that fiscal year.
SEC. 129. V-22 COCKPIT AIRCRAFT VOICE AND FLIGHT DATA RECORDERS.
The Secretary of Defense shall require that all V-22 Osprey aircraft
be equipped with a state-of-the-art cockpit voice recorder and a state-
of-the-art flight data recorder each of which meets, at a minimum, the
standards for such devices recommended by the National Transportation
Safety Board.
Subtitle D--Air Force Programs
SEC. 131. ANNUAL REPORT ON B-2 BOMBER.
(a) In General.--(1) Chapter 136 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2282. B-2 bomber: annual report
``Not later than March 1 of each year, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the B-2 bomber aircraft. Each such report shall include the following:
``(1) Identification of the average full-mission capable
rate of B-2 aircraft for the preceding fiscal year and the
Secretary's overall assessment of the implications of that full-
mission capable rate on mission accomplishment for the B-2
aircraft, together with the Secretary's determination as to
whether that rate is adequate for the accomplishment of each of
the missions assigned to the B-2 aircraft as of the date of the
assessment.
``(2) An assessment of the technical capabilities of the B-2
aircraft and whether these capabilities are adequate to
accomplish each of the missions assigned to that aircraft as of
the date of the assessment.
``(3) Identification of all ongoing and planned development
of technologies to enhance the capabilities of that aircraft.
``(4) Identification and assessment of additional
technologies that would make that aircraft more capable or
survivable against known and evolving threats.
``(5) A fiscally phased program for each technology
identified in paragraphs (3) and (4) for the budget year and the
future-years defense program, based on the following three
funding situations:
``(A) The President's current budget.
``(B) The President's current budget and the current
Department of Defense unfunded priority list.
``(C) The maximum executable funding for the B-2
aircraft given the requirement to maintain enough
operationally ready aircraft to accomplish missions
assigned to the B-2 aircraft.''.
[[Page 114 STAT. 1654A-29]]
(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.
[[Page 114 STAT. 1654A-30]]
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.
[[Page 114 STAT. 1654A-31]]
(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.
[[Page 114 STAT. 1654A-32]]
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--
[[Page 114 STAT. 1654A-33]]
(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
[[Page 114 STAT. 1654A-34]]
(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;
[[Page 114 STAT. 1654A-35]]
(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).
[[Page 114 STAT. 1654A-36]]
(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.
[[Page 114 STAT. 1654A-37]]
(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.
[[Page 114 STAT. 1654A-38]]
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
[[Page 114 STAT. 1654A-39]]
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.
[[Page 114 STAT. 1654A-40]]
(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.
[[Page 114 STAT. 1654A-41]]
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
[[Page 114 STAT. 1654A-42]]
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.
[[Page 114 STAT. 1654A-43]]
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
[[Page 114 STAT. 1654A-44]]
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.
[[Page 114 STAT. 1654A-45]]
(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.
[[Page 114 STAT. 1654A-46]]
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
[[Page 114 STAT. 1654A-47]]
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
[[Page 114 STAT. 1654A-48]]
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.
[[Page 114 STAT. 1654A-49]]
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.
[[Page 114 STAT. 1654A-50]]
(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.
[[Page 114 STAT. 1654A-51]]
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.
[[Page 114 STAT. 1654A-52]]
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.
[[Page 114 STAT. 1654A-53]]
(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'.''.
[[Page 114 STAT. 1654A-54]]
(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.
[[Page 114 STAT. 1654A-55]]
``(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.
[[Page 114 STAT. 1654A-56]]
(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.
[[Page 114 STAT. 1654A-57]]
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--
[[Page 114 STAT. 1654A-58]]
(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.
[[Page 114 STAT. 1654A-59]]
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 331. USE OF APPROPRIATED FUNDS TO COVER OPERATING EXPENSES OF
COMMISSARY STORES.
(a) In General.--(1) Section 2484 of title 10, United States Code,
is amended to read as follows:
``Sec. 2484. Commissary stores: use of appropriated funds to cover
operating expenses
``(a) Operation of Agency and System.--Except as otherwise provided
in this title, the operation of the Defense Commissary Agency and the
defense commissary system may be funded using such amounts as are
appropriated for such purpose.
``(b) Operating Expenses of Commissary Stores.--Appropriated funds
may be used to cover the expenses of operating commissary stores and
central product processing facilities of the defense commissary system.
For purposes of this subsection, operating expenses include the
following:
``(1) Salaries and wages of employees of the United States,
host nations, and contractors supporting commissary store
operations.
``(2) Utilities.
``(3) Communications.
``(4) Operating supplies and services.
``(5) Second destination transportation costs within or
outside the United States.
``(6) Any cost associated with above-store-level management
or other indirect support of a commissary store or a central
product processing facility, including equipment maintenance and
information technology costs.''.
(2) The table of sections at the beginning of chapter 147 of such
title is amended by striking the item relating to section 2484 and
inserting the following new item:
``2484. Commissary stores: use of appropriated funds to cover operating
expenses.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2001.
SEC. 332. ADJUSTMENT OF SALES PRICES OF COMMISSARY STORE GOODS AND
SERVICES TO COVER CERTAIN EXPENSES.
(a) Adjustment Required.--Section 2486 of title 10, United States
Code, is amended--
(1) in subsection (c), by striking ``section 2484(b) or''
and inserting ``subsection (d) or section''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``sections 2484
and'' and inserting ``section''; and
(B) by adding at the end the following new
paragraph:
``(3) The sales price of merchandise and services sold in, at, or by
commissary stores shall be adjusted to cover the following:
``(A) The cost of first destination commercial
transportation of the merchandise in the United States to the
place of sale.
``(B) The actual or estimated cost of shrinkage, spoilage,
and pilferage of merchandise under the control of commissary
stores.''.
[[Page 114 STAT. 1654A-60]]
(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).
[[Page 114 STAT. 1654A-61]]
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)--
[[Page 114 STAT. 1654A-62]]
(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
[[Page 114 STAT. 1654A-63]]
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,
[[Page 114 STAT. 1654A-64]]
from the performance of work at a Center of Industrial and Technical
Excellence by Department of Defense personnel to performance by a
contractor.''.
(f ) Use of Working Capital-Funded Facilities.--Section 2208( j)(1)
of title 10, United States Code, is amended--
(1) by striking ``contract; and'' at the end of subparagraph
(A) and all that follows through ``(B) the solicitation'' and
inserting ``contract, and the solicitation'';
(2) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following new subparagraph:
``(B) the Secretary would advance the objectives set forth
in section 2474(b)(2) of this title by authorizing the facility
to do so.''.
(g) Repeal of General Authority To Lease Excess Depot-Level
Equipment and Facilities to Outside Tenants.--(1) Section 2471 of title
10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 146 of such
title is amended by striking the item relating to section 2471.
SEC. 342. UNUTILIZED AND UNDERUTILIZED PLANT-CAPACITY COSTS OF UNITED
STATES ARSENALS.
(a) Treatment of Unutilized and Underutilized Plant-Capacity
Costs.--Chapter 433 of title 10, United States Code, is amended by
inserting after section 4540 the following new section:
``Sec. 4541. Army arsenals: treatment of unutilized or underutilized
plant-capacity costs
``(a) Estimate of Costs.--The Secretary of the Army shall include in
the budget justification documents submitted to Congress in support of
the President's budget for a fiscal year submitted under section 1105 of
title 31 an estimate of the funds to be required in that fiscal year to
cover unutilized and underutilized plant-capacity costs at Army
arsenals.
``(b) Use of Funds.--Funds appropriated to the Secretary of the Army
for a fiscal year to cover unutilized and underutilized plant-capacity
costs at Army arsenals shall be used in such fiscal year only for such
costs.
``(c) Treatment of Costs.--(1) The Secretary of the Army shall not
include unutilized and underutilized plant-capacity costs when
evaluating the bid of an Army arsenal for purposes of the arsenal's
contracting to provide a good or service to a Government agency.
``(2) When an Army arsenal is serving as a subcontractor to a
private-sector entity with respect to a good or service to be provided
to a Government agency, the cost charged by the arsenal shall not
include unutilized and underutilized plant-capacity costs that are
funded by a direct appropriation.
``(d) Definitions.--In this section:
``(1) The term `Army arsenal' means a Government-owned,
Government-operated defense plant of the Department of the Army
that manufactures weapons, weapon components, or both.
``(2) The term `unutilized and underutilized plant-capacity
costs' means the costs associated with operating and maintaining
the facilities and equipment of an Army arsenal that the
Secretary of the Army determines are required to be kept for
mobilization needs, in those months in which the facilities
[[Page 114 STAT. 1654A-65]]
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.
[[Page 114 STAT. 1654A-66]]
(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.
[[Page 114 STAT. 1654A-67]]
(e) Loan Limits.--The maximum amount of loan principal guaranteed
during a fiscal year under subsection (d) may not exceed--
(1) $20,000,000, with respect to any single borrower; and
(2) $320,000,000 with respect to all borrowers.
(f ) Transfer of Funds.--The Secretary of the Army may transfer to
an Administrator providing services under subsection (d), and the
Administrator may accept, such funds as may be necessary to administer
loan guarantees under such subsection.
(g) Reporting Requirements.--(1) Not later than July 1 of each year
in which a guarantee issued under subsection (d) is in effect, the
Secretary of the Army shall submit to Congress a report specifying the
amounts of loans guaranteed under such subsection during the preceding
calendar year. No report is required after fiscal year 2002.
(2) Not later than July 1, 2001, the Secretary of the Army shall
submit to the congressional defense committees a report on the
implementation of the demonstration program. The report shall contain a
comprehensive review of contracting at the Army manufacturing arsenals
covered by the program and such recommendations as the Secretary
considers appropriate regarding changes to the program.
SEC. 344. CODIFICATION AND IMPROVEMENT OF ARMAMENT RETOOLING AND
MANUFACTURING SUPPORT PROGRAMS.
(a) In General.--(1) Part IV of subtitle B of title 10, United
States Code, is amended by inserting after chapter 433 the following new
chapter:
``CHAPTER 434--ARMAMENTS INDUSTRIAL BASE
``Sec.
``4551. Definitions.
``4552. Policy.
``4553. Armament Retooling and Manufacturing Support Initiative.
``4554. Property management contracts and leases.
``4555. ARMS Initiative loan guarantee program.
``Sec. 4551. Definitions
``In this chapter:
``(1) The term `ARMS Initiative' means the Armament
Retooling and Manufacturing Support Initiative authorized by
this chapter.
``(2) The term `eligible facility' means a Government-owned,
contractor-operated ammunition manufacturing facility of the
Department of the Army that is in an active, inactive, layaway,
or caretaker status.
``(3) The term `property manager' includes any person or
entity managing an eligible facility made available under the
ARMS Initiative through a property management contract.
``(4) The term `property management contract' includes
facility use contracts, site management contracts, leases, and
other agreements entered into under the authority of this
chapter.
``(5) The term `Secretary' means the Secretary of the Army.
``Sec. 4552. Policy
``It is the policy of the United States--
[[Page 114 STAT. 1654A-68]]
``(1) to encourage, to the maximum extent practicable,
commercial firms to use Government-owned, contractor-operated
ammunition manufacturing facilities of the Department of the
Army;
``(2) to use such facilities for supporting programs,
projects, policies, and initiatives that promote competition in
the private sector of the United States economy and that advance
United States interests in the global marketplace;
``(3) to increase the manufacture of products inside the
United States;
``(4) to support policies and programs that provide
manufacturers with incentives to assist the United States in
making more efficient and economical use of eligible facilities
for commercial purposes;
``(5) to provide, as appropriate, small businesses
(including socially and economically disadvantaged small
business concerns and new small businesses) with incentives that
encourage those businesses to undertake manufacturing and other
industrial processing activities that contribute to the
prosperity of the United States;
``(6) to encourage the creation of jobs through increased
investment in the private sector of the United States economy;
``(7) to foster a more efficient, cost-effective, and
adaptable armaments industry in the United States;
``(8) to achieve, with respect to armaments manufacturing
capacity, an optimum level of readiness of the national
technology and industrial base within the United States that is
consistent with the projected threats to the national security
of the United States and the projected emergency requirements of
the armed forces; and
``(9) to encourage facility use contracting where feasible.
``Sec. 4553. Armament Retooling and Manufacturing Support Initiative
``(a) Authority for Initiative.--The Secretary may carry out a
program to be known as the `Armament Retooling and Manufacturing Support
Initiative'.
``(b) Purposes.--The purposes of the ARMS Initiative are as follows:
``(1) To encourage commercial firms, to the maximum extent
practicable, to use eligible facilities for commercial purposes.
``(2) To increase the opportunities for small businesses
(including socially and economically disadvantaged small
business concerns and new small businesses) to use eligible
facilities for those purposes.
``(3) To maintain in the United States a work force having
the skills in manufacturing processes that are necessary to meet
industrial emergency planned requirements for national security
purposes.
``(4) To demonstrate innovative business practices, to
support Department of Defense acquisition reform, and to serve
as both a model and a laboratory for future defense conversion
initiatives of the Department of Defense.
``(5) To the maximum extent practicable, to allow the
operation of eligible facilities to be rapidly responsive to the
forces of free market competition.
[[Page 114 STAT. 1654A-69]]
``(6) To reduce or eliminate the cost of Government
ownership of eligible facilities, including the costs of
operations and maintenance, the costs of environmental
remediation, and other costs.
``(7) To reduce the cost of products of the Department of
Defense produced at eligible facilities.
``(8) To leverage private investment at eligible facilities
through long-term facility use contracts, property management
contracts, leases, or other agreements that support and advance
the policies and purposes of this chapter, for the following
activities:
``(A) Recapitalization of plant and equipment.
``(B) Environmental remediation.
``(C) Promotion of commercial business ventures.
``(D) Other activities approved by the Secretary.
``(9) To foster cooperation between the Department of the
Army, property managers, commercial interests, and State and
local agencies in the implementation of sustainable development
strategies and investment in eligible facilities made available
for purposes of the ARMS Initiative.
``(10) To reduce or eliminate the cost of asset disposal
that would be incurred if property at an eligible facility was
declared excess to the needs of the Department of the Army.
``(c) Availability of Facilities.--The Secretary may make any
eligible facility available for the purposes of the ARMS Initiative.
``(d) Consideration for Leases.--Section 321 of the Act of June 30,
1932 (40 U.S.C. 303b), shall not apply to uses of property or facilities
in accordance with the ARMS Initiative.
``(e) Program Support.--(1) Funds appropriated for purposes of the
ARMS Initiative may be used for administrative support and management.
``(2) A full annual accounting of such expenses for each fiscal year
shall be provided to the Committee on Armed Services and the Committee
on Appropriations of the Senate and the Committee on Armed Services and
the Committee on Appropriations of the House of Representatives not
later than March 30 of the following fiscal year.
``Sec. 4554. Property management contracts and leases
``(a) In General.--In the case of each eligible facility that is
made available for the ARMS Initiative, the Secretary--
``(1) shall make full use of facility use contracts, leases,
and other such commercial contractual instruments as may be
appropriate;
``(2) shall evaluate, on the basis of efficiency, cost,
emergency mobilization requirements, and the goals and purposes
of the ARMS Initiative, the procurement of services from the
property manager, including maintenance, operation,
modification, infrastructure, environmental restoration and
remediation, and disposal of ammunition manufacturing assets,
and other services; and
``(3) may, in carrying out paragraphs (1) and (2)--
``(A) enter into contracts, and provide for
subcontracts, for terms up to 25 years, as the Secretary
considers appropriate and consistent with the needs of
the Department of the Army and the goals and purposes of
the ARMS Initiative; and
[[Page 114 STAT. 1654A-70]]
``(B) use procedures that are authorized to be used
under section 2304(c)(5) of this title when the
contractor or subcontractor is a source specified in
law.
``(b) Consideration for Use.--(1) To the extent provided in a
contract entered into under this section for the use of property at an
eligible facility that is accountable under the contract, the Secretary
may accept consideration for such use that is, in whole or in part, in a
form other than--
``(A) rental payments; or
``(B) revenue generated at the facility.
``(2) Forms of consideration acceptable under paragraph (1) for a
use of an eligible facility or any property at an eligible facility
include the following:
``(A) The improvement, maintenance, protection, repair, and
restoration of the facility, the property, or any property
within the boundaries of the installation where the facility is
located.
``(B) Reductions in overhead costs.
``(C) Reductions in product cost.
``(3) The authority under paragraph (1) may be exercised without
regard to section 3302(b) of title 31 and any other provision of law.
``Sec. 4555. ARMS Initiative loan guarantee program
``(a) Program Authorized.--Subject to subsection (b), the Secretary
may carry out a loan guarantee program to encourage commercial firms to
use eligible facilities under this chapter. Under any such program, the
Secretary may guarantee the repayment of any loan made to a commercial
firm to fund, in whole or in part, the establishment of a commercial
activity to use an eligible facility under this chapter.
``(b) Advanced Budget Authority.--Loan guarantees under this section
may not be committed except to the extent that appropriations of budget
authority to cover their costs are made in advance, as required by
section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).
``(c) Program Administration.--(1) The Secretary may enter into an
agreement with any of the officials named in paragraph (2) under which
that official may, for the purposes of this section--
``(A) process applications for loan guarantees;
``(B) guarantee repayment of loans; and
``(C) provide any other services to the Secretary to
administer the loan guarantee program.
``(2) The officials referred to in paragraph (1) are as follows:
``(A) The Administrator of the Small Business
Administration.
``(B) The head of any appropriate agency in the Department
of Agriculture, including--
``(i) the Administrator of the Farmers Home
Administration; and
``(ii) the Administrator of the Rural Development
Administration.
``(3) Each official authorized to do so under an agreement entered
into under paragraph (1) may guarantee loans under this section to
commercial firms of any size, notwithstanding any limitations on the
size of applicants imposed on other loan guarantee programs that the
official administers.
[[Page 114 STAT. 1654A-71]]
``(4) To the extent practicable, each official processing loan
guarantee applications under this section pursuant to an agreement
entered into under paragraph (1) shall use the same processing
procedures as the official uses for processing loan guarantee
applications under other loan guarantee programs that the official
administers.
``(d) Loan Limits.--The maximum amount of loan principal guaranteed
during a fiscal year under this section may not exceed--
``(1) $20,000,000, with respect to any single borrower; and
``(2) $320,000,000 with respect to all borrowers.
``(e) Transfer of Funds.--The Secretary may transfer to an official
providing services under subsection (c), and that official may accept,
such funds as may be necessary to administer the loan guarantee program
under this section.''.
(2) The tables of chapters at the beginning of subtitle B of such
title and at the beginning of part IV of such subtitle are amended by
inserting after the item relating to chapter 433 the following new item:
``434. Armaments Industrial Base.................................4551''.
(b) Implementation Report.--Not later than July 1, 2001, the
Secretary of Defense shall submit to the congressional defense
committees a report on the procedures and controls implemented to carry
out section 4554 of title 10, United States Code, as added by subsection
(a).
(c) Relationship to National Defense Technology and Industrial
Base.--(1) Subchapter IV of chapter 148 of title 10, United States Code,
is amended--
(A) by redesignating section 2525 as section 2521; and
(B) by adding at the end the following new section:
``Sec. 2522. Armament retooling and manufacturing
``The Secretary of the Army is authorized by chapter 434 of this
title to carry out programs for the support of armaments retooling and
manufacturing in the national defense industrial and technology base.''.
(2) The table of sections at the beginning of such subchapter is
amended by striking the item relating to section 2525 and inserting the
following new items:
``2521. Manufacturing Technology Program.
``2522. Armament retooling and manufacturing.''.
(d) Repeal of Superseded Law.--The Armament Retooling and
Manufacturing Support Act of 1992 (subtitle H of title I of Public Law
102-484; 10 U.S.C. 2501 note) is repealed.
Subtitle E--Performance of Functions by Private-Sector Sources
SEC. 351. INCLUSION OF ADDITIONAL INFORMATION IN REPORTS TO CONGRESS
REQUIRED BEFORE CONVERSION OF COMMERCIAL OR INDUSTRIAL TYPE
FUNCTIONS TO CONTRACTOR PERFORMANCE.
(a) Information Required Before Commencement of Conversion
Analysis.--Subsection (b)(1)(D) of section 2461 of title 10, United
States Code, is amended by inserting before the period
[[Page 114 STAT. 1654A-72]]
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:
[[Page 114 STAT. 1654A-73]]
``Sec. 2475. Consolidation, restructuring, or reengineering of
organizations, functions, or activities:
notification requirements
``(a) Requirement To Submit Plan Annually.--Concurrently with the
submission of the President's annual budget request under section 1105
of title 31, the Secretary of Defense shall submit to Congress each
Strategic Sourcing Plan of Action for the Department of Defense (as
identified in the Department of Defense Interim Guidance dated February
29, 2000, or any successor Department of Defense guidance or directive),
for the following year.
``(b) Notification of Decision To Execute Plan.--If a decision is
made to consolidate, restructure, or reengineer an organization,
function, or activity of the Department of Defense pursuant to a
Strategic Sourcing Plan of Action described in subsection (a), and such
consolidation, restructuring, or reengineering would result in a
manpower reduction affecting 50 or more personnel of the Department of
Defense (including military and civilian personnel)--
``(1) the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report describing that decision, including--
``(A) a projection of the savings that will be
realized as a result of the consolidation,
restructuring, or reengineering, compared with the cost
incurred by the Department of Defense to perform the
function or to operate the organization or activity
prior to such proposed consolidation, restructuring, or
reengineering;
``(B) a description of all missions, duties, or
military requirements that will be affected as a result
of the decision to consolidate, restructure, or
reengineer the organization, function, or activity that
was analyzed;
``(C) the Secretary's certification that the
consolidation, restructuring, or reengineering will not
result in any diminution of military readiness;
``(D) a schedule for performing the consolidation,
restructuring, or reengineering; and
``(E) the Secretary's certification that the entire
analysis for the consolidation, restructuring, or
reengineering is available for examination; and
``(2) the head of the Defense Agency or the Secretary of the
military department concerned may not implement the plan until
30 days after the date that the agency head or Secretary submits
notification to the Committees on Armed Services of the Senate
and House of Representatives of the intent to carry out such
plan.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2475. Consolidation, restructuring, or reengineering of organizations,
functions, or activities: notification requirements.''.
SEC. 354. MONITORING OF SAVINGS RESULTING FROM WORKFORCE REDUCTIONS AS
PART OF CONVERSION OF FUNCTIONS TO PERFORMANCE BY PRIVATE
SECTOR OR OTHER STRATEGIC SOURCING INITIATIVES.
(a) Requirement for a Monitoring System.--Chapter 146 of title 10,
United States Code, is amended by inserting after section 2461 the
following new section:
[[Page 114 STAT. 1654A-74]]
``Sec. 2461a. Development of system for monitoring cost savings
resulting from workforce reductions
``(a) Workforce Review Defined.--In this section, the term
`workforce review', with respect to a function of the Department of
Defense performed by Department of Defense civilian employees, means a
review conducted under Office of Management and Budget Circular A-76 (or
any successor administrative regulation or policy), the Strategic
Sourcing Program Plan of Action (or any successor Department of Defense
guidance or directive), or any other authority to determine whether the
function--
``(1) should be performed by a workforce composed of
Department of Defense civilian employees or by a private sector
workforce; or
``(2) should be reorganized or otherwise reengineered to
improve the effeciency or effectiveness of the performance of
the function, with a resulting decrease in the number of
Department of Defense civilian employees performing the
function.
``(b) System for Monitoring Performance.--(1) The Secretary of
Defense shall establish a system for monitoring the performance,
including the cost of performance, of each function of the Department of
Defense that, after the date of the enactment of this section, is the
subject of a workforce review.
``(2) The monitoring system shall be designed to compare the
following:
``(A) The costs to perform a function before the workforce
review to the costs actually incurred to perform the function
after implementing the conversion, reorganization, or
reengineering actions recommended by the workforce review.
``(B) The anticipated savings to the actual savings, if any,
resulting from conversion, reorganization, or reengineering
actions undertaken in response to the workforce review.
``(3) The monitoring of a function shall continue under this section
for at least five years after the conversion, reorganization, or
reengineering of the function.
``(c) Waiver for Certain Workforce Reviews.--Subsection (b) shall
not apply to a workforce review that would result in a manpower
reduction affecting fewer than 50 Department of Defense civilian
employees.
``(d) Annual Report.--Not later than February 1 of each fiscal year,
the Secretary of Defense shall submit to Congress a report on the
results of the monitoring performed under the system established under
subsection (b). For each function subject to monitoring during the
previous fiscal year, the report shall indicate the following:
``(1) The cost of the workforce review.
``(2) The cost of performing the function before the
workforce review compared to the costs incurred after
implementing the conversion, reorganization, or reengineering
actions recommended by the workforce review.
``(3) The actual savings derived from the implementation of
the recommendations of the workforce review, if any, compared to
the anticipated savings that were to result from the conversion,
reorganization, or reengineering actions.
``(e) Consideration in Preparation of Future-Years Defense
Program.--In preparing the future-years defense program under section
221 of this title, the Secretary of Defense shall, for the fiscal years
covered by the program, estimate and take
[[Page 114 STAT. 1654A-75]]
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
[[Page 114 STAT. 1654A-76]]
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
[[Page 114 STAT. 1654A-77]]
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--
[[Page 114 STAT. 1654A-78]]
(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
[[Page 114 STAT. 1654A-79]]
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.
[[Page 114 STAT. 1654A-80]]
(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.''.
[[Page 114 STAT. 1654A-81]]
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 the following
effects:
(1) The effects of the contingency operations carried out
during fiscal years 1995 through 2000 on the ground equipment of
each of the 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.
[[Page 114 STAT. 1654A-82]]
(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 installations 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
[[Page 114 STAT. 1654A-83]]
(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.
[[Page 114 STAT. 1654A-84]]
(7) The C-5 aircraft remains an absolutely critical asset in
air mobility and airlifting heavy equipment and personnel to
both military contingencies and humanitarian relief efforts
around the world.
(8) Despite increased funding for spare and repair parts and
other efforts by the Air Force to mitigate the parts shortage
problem, Congress continues to receive reports of significant
cannibalization to airworthy C-5 aircraft and parts backlogs.
(b) Report Required.--Not later than January 1, 2001, and September
30, 2001, the Secretary of the Air Force shall submit to Congress a
report on the overall status of the spare and repair parts program of
the Air Force for the C-5 aircraft.
(c) Elements of Report.--Each report shall include the following:
(1) A statement of the funds currently allocated to the
acquisition of spare and repair parts for the C-5 aircraft and
the adequacy of such funds to meet current and future repair and
maintenance requirements for that aircraft.
(2) A description of current efforts to address shortfalls
in the availability of spare and repair parts for the C-5
aircraft, including an assessment of potential short-term and
long-term effects of such efforts.
(3) An assessment of the effects of such parts shortfalls on
readiness and reliability ratings for the C-5 aircraft.
(4) A description of rates at which spare and repair parts
for one C-5 aircraft are taken from another C-5 aircraft (known
as parts cannibalization) and the manhours devoted to part
cannibalization of such aircraft.
(5) An assessment of the effects of parts shortfalls and
parts cannibalization with respect to C-5 aircraft on readiness
and retention.
Subtitle H--Other Matters
SEC. 381. ANNUAL REPORT ON PUBLIC SALE OF CERTAIN MILITARY EQUIPMENT
IDENTIFIED ON UNITED STATES MUNITIONS LIST.
(a) Annual Report Required.--Chapter 153 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2582. Military equipment identified on United States munitions
list: annual report of public sales
``(a) Report Required.--The Secretary of Defense shall prepare an
annual report identifying each public sale conducted by a military
department or Defense Agency of military items that are--
``(1) identified on the United States Munitions List
maintained under section 121.1 of title 22, Code of Federal
Regulations; and
``(2) assigned a demilitarization code of `B' or its
equivalent.
``(b) Elements of Report.--(1) A report under this section shall
cover all public sales described in subsection (a) that were conducted
during the preceding fiscal year.
``(2) The report shall specify the following for each sale:
``(A) The date of the sale.
[[Page 114 STAT. 1654A-85]]
``(B) The military department or Defense Agency conducting
the sale.
``(C) The manner in which the sale was conducted.
``(D) The military items described in subsection (a) that
were sold or offered for sale.
``(E) The purchaser of each item.
``(F) The stated end-use of each item sold.
``(c) Submission of Report.--Not later than March 31 of each year,
the Secretary of Defense shall submit to the Committee on Armed Services
of the House of Representatives and the Committee on Armed Services of
the Senate the report required by this section for the preceding fiscal
year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2582. Military equipment identified on United States munitions list:
annual report of public sales.''.
SEC. 382. RESALE OF ARMOR-PIERCING AMMUNITION DISPOSED OF BY THE ARMY.
(a) Restriction.--(1) Chapter 443 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 4688. Armor-piercing ammunition and components: condition on
disposal
``(a) Limitation on Resale or Other Transfer.--Except as provided in
subsection (b), whenever the Secretary of the Army carries out a
disposal (by sale or otherwise) of armor-piercing ammunition, or a
component of armor-piercing ammunition, the Secretary shall require as a
condition of the disposal that the recipient agree in writing not to
sell or otherwise transfer any of the ammunition (reconditioned or
otherwise), or any armor-piercing component of that ammunition, to any
purchaser in the United States other than a law enforcement or other
governmental agency.
``(b) Exception.--Subsection (a) does not apply to a transfer of a
component of armor-piercing ammunition solely for the purpose of metal
reclamation by means of a destructive process such as melting, crushing,
or shredding.
``(c) Special Rule for Non-Armor-Piercing Components.--A component
of the armor-piercing ammunition that is not itself armor-piercing and
is not subjected to metal reclamation as described in subsection (b) may
not be used as a component in the production of new or remanufactured
armor-piercing ammunition other than for sale to a law enforcement or
other governmental agency or for a government-to-government sale or
commercial export to a foreign government under the Arms Export Control
Act (22 U.S.C. 2751).
``(d) Definition.--In this section, the term `armor-piercing
ammunition' means a center-fire cartridge the military designation of
which includes the term `armor penetrator' or `armor-piercing',
including a center-fire cartridge designated as armor-piercing
incendiary (API) or armor-piercing incendiary-tracer (API-T).''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``4688. Armor-piercing ammunition and components: condition on
disposal.''.
(b) Applicability.--Section 4688 of title 10, United States Code, as
added by subsection (a), shall apply with respect to any
[[Page 114 STAT. 1654A-86]]
disposal of ammunition or components referred to in that section after
the date of the enactment of this Act.
SEC. 383. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR SUPPORT PROVIDED AT
JOHNSTON ATOLL.
(a) In General.--Chapter 949 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 9783. Johnston Atoll: reimbursement for support provided to civil
air carriers
``(a) Authority of the Secretary.--The Secretary of the Air Force
may, under regulations prescribed by the Secretary, require payment by a
civil air carrier for support provided by the United States to the
carrier at Johnston Atoll that is either--
``(1) requested by the civil air carrier; or
``(2) determined under the regulations as being necessary to
accommodate the civil air carrier's use of Johnston Atoll.
``(b) Amount of Charges.--Any amount charged an air carrier under
subsection (a) for support shall be equal to the total amount of the
actual costs to the United States of providing the support. The amount
charged may not include any amount for an item of support that does not
satisfy a condition described in paragraph (1) or (2) of subsection (a).
``(c) Relationship to Landing Fees.--No landing fee shall be charged
an air carrier for a landing of an aircraft of the air carrier at
Johnston Atoll if the air carrier is charged under subsection (a) for
support provided to the air carrier.
``(d) Disposition of Payments.--(1) Amounts collected from an air
carrier under this section shall be credited to appropriations available
for the fiscal year in which collected, as follows:
``(A) For support provided by the Air Force, to
appropriations available for the Air Force for operation and
maintenance.
``(B) For support provided by the Army, to appropriations
available for the Army for chemical demilitarization.
``(2) Amounts credited to an appropriation under paragraph (1) shall
be merged with funds in that appropriation and shall be available,
without further appropriation, for the purposes and period for which the
appropriation is available.
``(e) Definitions.--In this section:
``(1) The term `civil air carrier' means an air carrier (as
defined in section 40101(a)(2) of title 49) that is issued a
certificate of public convenience and necessity under section
41102 of such title.
``(2) The term `support' includes fuel, fire rescue, use of
facilities, improvements necessary to accommodate use by civil
air carriers, police, safety, housing, food, air traffic
control, suspension of military operations on the island
(including operations at the Johnston Atoll Chemical Agent
Demilitarization System), repairs, and any other construction,
services, or supplies.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``9783. Johnston Atoll: reimbursement for support provided to civil air
carriers.''.
[[Page 114 STAT. 1654A-87]]
SEC. 384. TRAVEL BY RESERVES ON MILITARY AIRCRAFT.
(a) Space-Required Travel for Travel to Duty Stations.--Subsection
(a) of section 18505 of title 10, United States Code, is amended to read
as follows:
``(a) A member of a reserve component traveling for annual training
duty or inactive-duty training (including a place other than the place
of the member's unit training assembly if the member is performing
annual training duty or inactive-duty training in another location) may
travel in a space-required status on aircraft of the armed forces
between the member's home and the place of the annual training duty or
inactive-duty training.''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 18505. Reserves traveling for annual training duty or inactive-
duty training: space-required travel on military
aircraft''.
(2) The table of sections at the beginning of chapter 1805 of such
title is amended by striking the item relating to section 18505 and
inserting the following new item:
``18505. Reserves traveling for annual training duty or inactive-duty
training: space-required travel on military aircraft.''.
SEC. 385. OVERSEAS AIRLIFT SERVICE ON CIVIL RESERVE AIR FLEET AIRCRAFT.
(a) In General.--Section 41106 of title 49, United States Code, is
amended--
(1) in subsection (a)(1), by striking ``of at least 31
days'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Transportation Between the United States and Foreign
Locations.--Except as provided in subsection (d), the transportation of
passengers or property by transport category aircraft between a place in
the United States and a place outside the United States obtained by the
Secretary of Defense or the Secretary of a military department through a
contract for airlift service shall be provided by an air carrier
referred to in subsection (a).
``(c) Transportation Between Foreign Locations.--The transportation
of passengers or property by transport category aircraft between two
places outside the United States obtained by the Secretary of Defense or
the Secretary of a military department through a contract for airlift
service shall be provided by an air carrier that has aircraft in the
civil reserve air fleet whenever transportation by such an air carrier
is reasonably available.''.
(b) Conforming Amendment.--Subsection (a) of such section is further
amended by striking ``General.--(1) Except as provided in subsection (b)
of this section,'' and inserting ``Interstate Transportation.--(1)
Except as provided in subsection (d) of this section,''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000.
[[Page 114 STAT. 1654A-88]]
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
[[Page 114 STAT. 1654A-89]]
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.
[[Page 114 STAT. 1654A-90]]
(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
[[Page 114 STAT. 1654A-91]]
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.
[[Page 114 STAT. 1654A-92]]
(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''.
[[Page 114 STAT. 1654A-93]]
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.
[[Page 114 STAT. 1654A-94]]
(3) For the Air National Guard of the United States, 22,247.
(4) For the Air Force Reserve, 9,785.
SEC. 414. FISCAL YEAR 2001 LIMITATION ON NON-DUAL STATUS TECHNICIANS.
(a) Limitation.--The number of non-dual status technicians employed
by the reserve components of the Army and the Air Force as of September
30, 2001, may not exceed the following:
(1) For the Army Reserve, 1,195.
(2) For the Army National Guard of the United States, 1,600.
(3) For the Air Force Reserve, 10.
(4) For the Air National Guard of the United States, 326.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
(c) Postponement of Permanent Limitation.--Section 10217(c)(2) of
title 10, United States Code, is amended by striking ``October 1, 2001''
and inserting ``October 1, 2002''.
SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO
BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Officers.--The table in section 12011(a) of title 10, United
States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,316 1,071 948 140
Lieutenant Colonel or Commander..... 1,759 520 852 90
Colonel or Navy Captain............. 529 188 317 30''.
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table in section 12012(a) of such
title is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 764 202 502 20
E-8................................. 2,821 429 1,117 94''.
------------------------------------------------------------------------
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000.
(d) Report.--(1) Not later than March 31, 2001, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
management of the grade structure for reserve-component officers who are
subject to section 12011 of title 10, United States Code, and on the
grade structure of enlisted members who are subject to section 12012 of
that title. The Secretary of Defense shall include in the report
recommendations for a permanent solution for managing the grade
structures for those officers and enlisted members without requirement
for frequent statutory adjustments to the limitations in those sections.
(2) In developing recommendations for the report under paragraph
(1), the Secretary shall consider the following areas:
[[Page 114 STAT. 1654A-95]]
(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.''.
[[Page 114 STAT. 1654A-96]]
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
[[Page 114 STAT. 1654A-97]]
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.
[[Page 114 STAT. 1654A-98]]
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
[[Page 114 STAT. 1654A-99]]
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).''.
[[Page 114 STAT. 1654A-100]]
(b) Running Mate System Made Optional.--(1) Section 731 of such
title is amended--
(A) by designating the text of such section as subsection
(b);
(B) by inserting after the section heading the following:
``(a) Authority To Use Running Mate System.--The Secretary may by
regulation implement section 729(d)(1) of this title by requiring that
the promotion zone for consideration of Reserve officers in an active
status for promotion to the next higher grade be determined in
accordance with a running mate system as provided in subsection (b).'';
(C) in subsection (b), as designated by subparagraph (A), by
striking ``Subject to the eligibility requirements of this
subchapter, a Reserve officer shall'' and inserting the
following: ``Consideration for Promotion.--If promotion zones
are determined as authorized under subsection (a), a Reserve
officer shall, subject to the eligibility requirements of this
subchapter,''; and
(D) by adding at the end the following:
``(c) Consideration of Officers Below the Zone.--If the Secretary
authorizes the selection of officers for promotion from below the
promotion zone in accordance with section 729(d)(3) of this title, the
number of officers to be considered from below the zone may be
established through the application of the running mate system under
this subchapter or otherwise as the Secretary determines to be
appropriate to meet the needs of the Coast Guard.''.
(2)(A) The heading for such section is amended to read as follows:
``Sec. 731. Establishment of promotion zones under running mate
system''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 21 of such title is amended to read as follows:
``731. Establishment of promotion zones under running mate system.''.
(c) Effective Date.--The amendments made by this section shall apply
with respect to selection boards convened under section 730 of title 14,
United States Code, on or after the date of the enactment of this Act.
SEC. 503. TIME FOR RELEASE OF REPORTS OF OFFICER PROMOTION SELECTION
BOARDS.
(a) Active-Duty List Officer Boards.--Section 618(e) of title 10,
United States Code, is amended to read as follows:
``(e)(1) The names of the officers recommended for promotion in the
report of a selection board shall be disseminated to the armed force
concerned as follows:
``(A) In the case of officers recommended for promotion to a
grade below brigadier general or rear admiral (lower half ),
such names may be disseminated upon, or at any time after, the
transmittal of the report to the President.
``(B) In the case of officers recommended for promotion to a
grade above colonel or, in the case of the Navy, captain, such
names may be disseminated upon, or at any time after, the
approval of the report by the President.
[[Page 114 STAT. 1654A-101]]
``(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
[[Page 114 STAT. 1654A-102]]
(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
[[Page 114 STAT. 1654A-103]]
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
[[Page 114 STAT. 1654A-104]]
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.
[[Page 114 STAT. 1654A-105]]
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'';
[[Page 114 STAT. 1654A-106]]
(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)).
[[Page 114 STAT. 1654A-107]]
(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.
[[Page 114 STAT. 1654A-108]]
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--
[[Page 114 STAT. 1654A-109]]
(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:
[[Page 114 STAT. 1654A-110]]
``(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)--
[[Page 114 STAT. 1654A-111]]
(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:
[[Page 114 STAT. 1654A-112]]
``Sec. 16401. Marine Corps Platoon Leaders Class: college tuition
assistance program''.
(2) The heading for subsection (a) of such section is amended by
striking ``for Financial Assistance Program''.
(g) Clerical Amendment.--The item relating to such section in the
table of chapters at the beginning of chapter 1611 of title 10, United
States Code, is amended to read as follows:
``16401. Marine Corps Platoon Leaders Class: college tuition assistance
program.''.
SEC. 534. REVIEW OF ALLOCATION OF JUNIOR RESERVE OFFICERS TRAINING CORPS
UNITS AMONG THE SERVICES.
(a) Reallocation of JROTC Units.--Not later than March 31, 2001, the
Secretary of Defense shall--
(1) review the allocation among the military departments of
the statutory maximum number of Junior Reserve Officers'
Training Corps (JROTC) units; and
(2) redistribute the allocation of those units planned (as
of the date of the enactment of this Act) for fiscal years 2001
through 2006 so as to increase the number of units for a
military department that proposes to more quickly eliminate the
current waiting list for such units and to commit the necessary
resources for that purpose.
(b) Proposal for Increase in Statutory Maximum.--If, based on the
review under subsection (a) and the redistribution of the allocation of
JROTC units under that subsection, the Secretary determines that an
increase in the statutory maximum number of such units is warranted, the
Secretary shall include a proposal for such an increase in the budget
proposal of the Department of Defense for fiscal year 2002.
SEC. 535. AUTHORITY FOR NAVAL POSTGRADUATE SCHOOL TO ENROLL CERTAIN
DEFENSE INDUSTRY CIVILIANS IN SPECIFIED PROGRAMS RELATING TO
DEFENSE PRODUCT DEVELOPMENT.
(a) In General.--(1) Chapter 605 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7049. Defense industry civilians: admission to defense product
development program
``(a) Authority for Admission.--The Secretary of the Navy may permit
eligible defense industry employees to receive instruction at the Naval
Postgraduate School in accordance with this section. Any such defense
industry employee may only be enrolled in, and may only be provided
instruction in, a program leading to a master'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 as that person
remains employed by the same firm.
[[Page 114 STAT. 1654A-113]]
``(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:
[[Page 114 STAT. 1654A-114]]
(A) An assessment of whether the authority for instruction
of nongovernment civilians at the school has resulted in a
discernible benefit for the Government.
(B) Determination of whether the receipt and disposition of
funds received by the school as tuition for instruction of such
civilians at the school have been properly identified in records
of the school.
(C) A summary of the disposition and uses made of those
funds.
(D) An assessment of whether instruction of such civilians
at the school is in the best interests of the Government.
(2) Not later than 30 days after completing the evaluation referred
to in paragraph (1), the Secretary of the Navy shall submit to the
Secretary of Defense a report on the program under such section. The
report shall include--
(A) the results of the evaluation under paragraph (1);
(B) the Secretary's conclusions and recommendation with
respect to continuing to allow nongovernment civilians to
receive instruction at the Naval Postgraduate School as part of
a program related to defense product development; and
(C) any proposals for legislative changes recommended by the
Secretary.
(3) Not later than 60 days after receiving the report of the
Secretary of the Navy under paragraph (2), the Secretary of Defense
shall submit the report, together with any comments that the Secretary
considers appropriate, to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives.
Subtitle D--Decorations, Awards, and Commendations
SEC. 541. LIMITATION ON AWARD OF BRONZE STAR TO MEMBERS IN RECEIPT OF
IMMINENT DANGER PAY.
(a) In General.--Chapter 57 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1133. Bronze Star: limitation to members receiving imminent
danger pay
``The decoration known as the `Bronze Star' may only be awarded to a
member of the armed forces who is in receipt of special pay under
section 310 of title 37 at the time of the events for which the
decoration is to be awarded or who receives such pay as a result of
those events.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1133. Bronze star: limitation to members receiving imminent danger
pay.''.
SEC. 542. CONSIDERATION OF PROPOSALS FOR POSTHUMOUS OR HONORARY
PROMOTIONS OR APPOINTMENTS OF MEMBERS OR FORMER MEMBERS OF
THE ARMED FORCES AND OTHER QUALIFIED PERSONS.
(a) In General.--Chapter 80 of title 10, United States Code, is
amended by adding at the end the following new section:
[[Page 114 STAT. 1654A-115]]
``Sec. 1563. Consideration of proposals for posthumous and honorary
promotions and appointments: procedures for
review and recommendation
``(a) Review by Secretary Concerned.--Upon request of a Member of
Congress, the Secretary concerned shall review a proposal for the
posthumous or honorary promotion or appointment of a member or former
member of the armed forces, or any other person considered qualified,
that is not otherwise authorized by law. Based upon such review, the
Secretary shall make a determination as to the merits of approving the
posthumous or honorary promotion or appointment and the other
determinations necessary to comply with subsection (b).
``(b) Notice of Results of Review.--Upon making a determination
under subsection (a) as to the merits of approving the posthumous or
honorary promotion or appointment, the Secretary concerned shall submit
to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives and to the requesting
Member of Congress notice in writing of one of the following:
``(1) The posthumous or honorary promotion or appointment
does not warrant approval on the merits.
``(2) The posthumous or honorary promotion or appointment
warrants approval and authorization by law for the promotion or
appointment is recommended.
``(3) The posthumous or honorary promotion or appointment
warrants approval on the merits and has been recommended to the
President as an exception to policy.
``(4) The posthumous or honorary promotion or appointment
warrants approval on the merits and authorization by law for the
promotion or appointment is required but is not recommended.
A notice under paragraph (1) or (4) shall be accompanied by a statement
of the reasons for the decision of the Secretary.
``(c) Definition.--In this section, the term `Member of Congress'
means--
``(1) a Senator; or
``(2) a Representative in, or a Delegate or Resident
Commissioner to, Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1563. Consideration of proposals for posthumous and honorary
promotions and appointments: procedures for review and
recommendation.''.
SEC. 543. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS TO
CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy for the
time within which a recommendation for the award of a military
decoration or award must be submitted shall not apply to awards of
decorations described in this section, the award of each such decoration
having been determined by the Secretary concerned to be warranted in
accordance with section 1130 of title 10, United States Code.
(b) Silver Star.--Subsection (a) applies to the award of the Silver
Star to Louis Rickler, of Rochester, New York, for gallantry in action
from August 18 to November 18, 1918, while serving as a member of the
Army.
[[Page 114 STAT. 1654A-116]]
(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
[[Page 114 STAT. 1654A-117]]
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
[[Page 114 STAT. 1654A-118]]
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
U.S.S. 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
[[Page 114 STAT. 1654A-119]]
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'';
[[Page 114 STAT. 1654A-120]]
(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 the 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
[[Page 114 STAT. 1654A-121]]
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,
[[Page 114 STAT. 1654A-122]]
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.
[[Page 114 STAT. 1654A-123]]
(5) The surviving members of the 364th Fighter Group desire
to express their gratitude to the brave citizens of Remy.
(6) To express their gratitude, the surviving members of the
364th Fighter Group have organized a nonprofit corporation to
raise funds, through its project ``Windows for Remy'', to
restore the church's stained glass windows.
(b) Commendation and Recognition.--The Congress commends the bravery
and honor of the citizens of Remy, France, for their actions with
respect to the American fighter pilot Lieutenant Houston Braly during
and after August 1944, and recognizes the efforts of the surviving
members of the United States 364th Fighter Group to raise funds to
restore the stained glass windows of Remy's 13th century church.
SEC. 548. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO WILLIAM H.
PITSENBARGER FOR VALOR DURING THE VIETNAM WAR.
(a) Waiver of Time Limitations.--Notwithstanding the period of
limitations specified in section 8744 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Air Force, the President may award
the Medal of Honor under section 8741 of that title, posthumously, to
William H. Pitsenbarger of Piqua, Ohio, for the acts of valor referred
to in subsection (b).
(b) Action Defined.--The acts of valor referred to in subsection (a)
are the actions of William H. Pitsenbarger on April 11, 1966, as an Air
Force pararescue crew member, serving in the grade of Airman First Class
at Cam My, Republic of Vietnam, with Detachment 6, 38th Aerospace Rescue
and Recovery Helicopter Squadron, in support of the combat mission known
as ``Operations Abilene''.
Subtitle E--Military Justice and Legal Assistance Matters
SEC. 551. RECOGNITION BY STATES OF MILITARY TESTAMENTARY INSTRUMENTS.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1044c the following new section:
``Sec. 1044d. Military testamentary instruments: requirement for
recognition by States
``(a) Testamentary Instruments To Be Given Legal Effect.--A military
testamentary instrument--
``(1) is exempt from any requirement of form, formality, or
recording before probate that is provided for testamentary
instruments under the laws of a State; and
``(2) has the same legal effect as a testamentary instrument
prepared and executed in accordance with the laws of the State
in which it is presented for probate.
``(b) Military Testamentary Instruments.--For purposes of this
section, a military testamentary instrument is an instrument that is
prepared with testamentary intent in accordance with regulations
prescribed under this section and that--
[[Page 114 STAT. 1654A-124]]
``(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
[[Page 114 STAT. 1654A-125]]
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
[[Page 114 STAT. 1654A-126]]
without eligibility for parole that is adjudged for an offense committed
before the date of the enactment of this Act.
SEC. 554. AUTHORITY FOR CIVILIAN SPECIAL AGENTS OF MILITARY DEPARTMENT
CRIMINAL INVESTIGATIVE ORGANIZATIONS TO EXECUTE WARRANTS AND
MAKE ARRESTS.
(a) Department of the Army.--(1) Chapter 373 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 4027. Civilian special agents of the Criminal Investigation
Command: authority to execute warrants and make
arrests
``(a) Authority.--The Secretary of the Army may authorize any
Department of the Army civilian employee described in subsection (b) to
have the same authority to execute and serve warrants and other
processes issued under the authority of the United States and to make
arrests without a warrant as may be authorized under section 1585a of
this title for special agents of the Defense Criminal Investigative
Service.
``(b) Agents To Have Authority.--Subsection (a) applies to any
employee of the Department of the Army who is a special agent of the
Army Criminal Investigation Command (or a successor to that command)
whose duties include conducting, supervising, or coordinating
investigations of criminal activity in programs and operations of the
Department of the Army.
``(c) Guidelines for Exercise of Authority.--The authority provided
under subsection (a) shall be exercised in accordance with guidelines
prescribed by the Secretary of the Army and approved by the Secretary of
Defense and the Attorney General and any other applicable guidelines
prescribed by the Secretary of the Army, the Secretary of Defense, or
the Attorney General.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end following new item:
``4027. Civilian special agents of the Criminal Investigation Command:
authority to execute warrants and make arrests.''.
(b) Department of the Navy.--(1) Chapter 643 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 7480. Special agents of the Naval Criminal Investigative Service:
authority to execute warrants and make arrests
``(a) Authority.--The Secretary of the Navy may authorize any
Department of the Navy civilian employee described in subsection (b) to
have the same authority to execute and serve warrants and other
processes issued under the authority of the United States and to make
arrests without a warrant as may be authorized under section 1585a of
this title for special agents of the Defense Criminal Investigative
Service.
``(b) Agents To Have Authority.--Subsection (a) applies to any
employee of the Department of the Navy who is a special agent of the
Naval Criminal Investigative Service (or any successor to that service)
whose duties include conducting, supervising, or coordinating
investigations of criminal activity in programs and operations of the
Department of the Navy.
[[Page 114 STAT. 1654A-127]]
``(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 the following new item:
``7480. Special agents of the Naval Criminal Investigative Service:
authority to execute warrants and make arrests.''.
(c) Department of the Air Force.--(1) Chapter 873 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 9027. Civilian special agents of the Office of Special
Investigations: authority to execute warrants
and make arrests
``(a) Authority.--The Secretary of the Air Force may authorize any
Department of the Air Force civilian employee described in subsection
(b) to have the same authority to execute and serve warrants and other
processes issued under the authority of the United States and to make
arrests without a warrant as may be authorized under section 1585a of
this title for special agents of the Defense Criminal Investigative
Service.
``(b) Agents To Have Authority.--Subsection (a) applies to any
employee of the Department of the Air Force who is a special agent of
the Air Force Office of Special Investigations (or a successor to that
office) whose duties include conducting, supervising, or coordinating
investigations of criminal activity in programs and operations of the
Department of the Air Force.
``(c) Guidelines for Exercise of Authority.--The authority provided
under subsection (a) shall be exercised in accordance with guidelines
prescribed by the Secretary of the Air Force and approved by the
Secretary of Defense and the Attorney General and any other applicable
guidelines prescribed by the Secretary of the Air Force, the Secretary
of Defense, or the Attorney General.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the 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:
[[Page 114 STAT. 1654A-128]]
(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
[[Page 114 STAT. 1654A-129]]
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.
[[Page 114 STAT. 1654A-130]]
(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.
[[Page 114 STAT. 1654A-131]]
(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,
[[Page 114 STAT. 1654A-132]]
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.
[[Page 114 STAT. 1654A-133]]
``(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.
[[Page 114 STAT. 1654A-134]]
(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''.
[[Page 114 STAT. 1654A-135]]
(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.''.
[[Page 114 STAT. 1654A-136]]
(b) Effective Date.--Subparagraph (B) of section 1175(e)(3) of title
10, United States Code, as added by subsection (a), shall apply with
respect to decisions by members to terminate voluntary separation
incentive payments under section 1175 of title 10, United States Code,
to be effective after September 30, 2000.
SEC. 573. CONGRESSIONAL REVIEW PERIOD FOR ASSIGNMENT OF WOMEN TO DUTY ON
SUBMARINES AND FOR ANY PROPOSED RECONFIGURATION OR DESIGN OF
SUBMARINES TO ACCOMMODATE FEMALE CREW MEMBERS.
(a) In General.--(1) Chapter 555 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 6035. Female members: congressional review period for assignment
to duty on submarines or for reconfiguration of
submarines
``(a) No change in the Department of the Navy policy limiting
service on submarines to males, as in effect on May 10, 2000, may take
effect until--
``(1) the Secretary of Defense submits to Congress written
notice of the proposed change; and
``(2) a period of 30 days of continuous session of Congress
(excluding any day on which either House of Congress is not in
session) expires following the date on which the notice is
received.
``(b) No funds available to the Department of the Navy may be
expended to reconfigure any existing submarine, or to design any new
submarine, to accommodate female crew members until--
``(1) the Secretary of Defense submits to Congress written
notice of the proposed reconfiguration or design; and
``(2) a period of 30 days of continuous session of Congress
(excluding any day on which either House of Congress is not in
session) expires following the date on which the notice is
received.
``(c) For purposes of this section, the continuity of a session of
Congress is broken only by an adjournment of the Congress sine die.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``6035. Female members: congressional review period for assignment to
duty on submarines or for reconfiguration of submarines.''.
(b) Conforming Amendment.--Section 542(a)(1) of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 113 note) is amended
by inserting ``or by section 6035 of title 10, United States Code''
after ``Except in a case covered by subsection (b)''.
SEC. 574. MANAGEMENT AND PER DIEM REQUIREMENTS FOR MEMBERS SUBJECT TO
LENGTHY OR NUMEROUS DEPLOYMENTS.
(a) Approving Authority for Lengthy Deployments of Members.--
Subsection (a) of section 991 of title 10, United States Code, is
amended--
(1) by striking ``unless an officer'' in the second sentence
of paragraph (1) and all that follows through the period at the
end of that sentence and inserting a period and the following:
``However, the member may be deployed, or continued
[[Page 114 STAT. 1654A-137]]
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--
[[Page 114 STAT. 1654A-138]]
(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.
[[Page 114 STAT. 1654A-139]]
(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.
[[Page 114 STAT. 1654A-140]]
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
[[Page 114 STAT. 1654A-141]]
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, at a minimum--
(1) determine whether use of civilian contractor personnel
as pilots and other air crew members for such operational
support missions would be a cost effective means of freeing for
duty in units with combat and combat support missions those
military pilots and other personnel who now perform such
operational support missions; and
(2) the effect on retention of military pilots and other
personnel if they are no longer required to fly operational
support missions.
(c) Submission of Report.--The Secretary shall submit a report
containing the results of the study to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives not later than six months after the date of the
enactment of this Act.
SEC. 579. REIMBURSEMENT FOR EXPENSES INCURRED BY MEMBERS IN CONNECTION
WITH CANCELLATION OF LEAVE ON SHORT NOTICE.
(a) Reimbursement Authorized.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1053 the following new
section:
``Sec. 1053a. Expenses incurred in connection with leave canceled due to
contingency operations: reimbursement
``(a) Authorization To Reimburse.--The Secretary concerned may
reimburse a member of the armed forces under the jurisdiction of the
Secretary for travel and related expenses (to the extent not otherwise
reimbursable under law) incurred by the member as a result of the
cancellation of previously approved leave when the leave is canceled in
connection with the member's participation in a contingency operation
and the cancellation occurs within 48 hours of the time the leave would
have commenced.
``(b) Regulations.--The Secretary of Defense shall prescribe
regulations to establish the criteria for the applicability of
subsection (a).
``(c) Conclusiveness of Settlement.--The settlement of an
application for reimbursement under subsection (a) is final and
conclusive.''.
(b) Effective Date.--Section 1053a of title 10, United States Code,
as added by subsection (a), shall apply with respect to any travel and
related expenses incurred by a member in connection with leave canceled
after the date of the enactment of this Act.
(c) Conforming and Clerical Amendments.--(1) The heading of section
1052 of such title is amended to read as follows:
``Sec. 1052. Adoption expenses: reimbursement''.
(2) The heading of section 1053 of such title is amended to read as
follows:
[[Page 114 STAT. 1654A-142]]
``Sec. 1053. Financial institution charges incurred because of
Government error in direct deposit of pay:
reimbursement''.
(3) The table of sections at the beginning of chapter 53 of such
title is amended by striking the items relating to sections 1052 and
1053 and inserting the following:
``1052. Adoption expenses: reimbursement.
``1053. Financial institution charges incurred because of Government
error in direct deposit of pay: reimbursement.
``1053a. Expenses incurred in connection with leave canceled due to
contingency operations: reimbursement.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2001.
Sec. 602. Additional restructuring of basic pay rates for enlisted
members.
Sec. 603. Revised method for calculation of basic allowance for
subsistence.
Sec. 604. Family subsistence supplemental allowance for low-income
members of the Armed Forces.
Sec. 605. Basic allowance for housing.
Sec. 606. Additional amount available for fiscal year 2001 increase in
basic allowance for housing inside the United States.
Sec. 607. Equitable treatment of junior enlisted members in computation
of basic allowance for housing.
Sec. 608. Eligibility of members in grade E-4 to receive basic allowance
for housing while on sea duty.
Sec. 609. Personal money allowance for senior enlisted members of the
Armed Forces.
Sec. 610. Increased uniform allowances for officers.
Sec. 611. Cabinet-level authority to prescribe requirements and
allowance for clothing of enlisted members.
Sec. 612. Increase in monthly subsistence allowance for members of
precommissioning programs.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 621. Extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 622. Extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 623. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 624. Revision of enlistment bonus authority.
Sec. 625. Consistency of authorities for special pay for reserve medical
and dental officers.
Sec. 626. Elimination of required congressional notification before
implementation of certain special pay authority.
Sec. 627. Special pay for physician assistants of the Coast Guard.
Sec. 628. Authorization of special pay and accession bonus for pharmacy
officers.
Sec. 629. Correction of references to Air Force veterinarians.
Sec. 630. Career sea pay.
Sec. 631. Increased maximum rate of special duty assignment pay.
Sec. 632. Entitlement of members of the National Guard and other
reserves not on active duty to receive special duty
assignment pay.
Sec. 633. Authorization of retention bonus for members of the Armed
Forces qualified in a critical military skill.
Sec. 634. Entitlement of active duty officers of the Public Health
Service Corps to special pays and bonuses of health
professional officers of the Armed Forces.
Subtitle C--Travel and Transportation Allowances
Sec. 641. Advance payments for temporary lodging of members and
dependents.
Sec. 642. Additional transportation allowance regarding baggage and
household effects.
[[Page 114 STAT. 1654A-143]]
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:
[[Page 114 STAT. 1654A-144]]
ENLISTED MEMBERS
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
E-7.............. 1,831.20 1,999.20 2,075.10 2,149.80 2,228.10
E-6.............. 1,575.00 1,740.30 1,817.40 1,891.80 1,969.80
E-5.............. 1,381.80 1,549.20 1,623.90 1,701.00 1,779.30
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-7.............. 2,362.20 2,437.80 2,512.80 2,588.10 2,666.10
E-6.............. 2,097.30 2,174.10 2,248.80 2,325.00 2,379.60
E-5.............. 1,888.50 1,962.90 2,040.30 2,040.30 2,040.30
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-7.............. 2,742.00 2,817.90 2,949.60 3,034.80 3,250.50
E-6.............. 2,421.30 2,421.30 2,421.30 2,421.30 2,421.30
E-5.............. 2,040.30 2,040.30 2,040.30 2,040.30 2,040.30
------------------------------------------------------------------------
(2) The amounts specified in the table in paragraph (1) are subject
to such revision as the Secretary of Defense and the Secretary of
Transportation may prescribe under subsection (b)(1)(A).
(b) Secretarial Authority To Further Revise.--(1) To ensure the
efficient and effective operation of the military pay system, the
Secretary of Defense, and the Secretary of Transportation with regard to
the Coast Guard, may--
(A) further increase any of the amounts specified in the
table in subsection (a) for enlisted members of the Armed Forces
in the pay grades E-7, E-6, and E-5; and
(B) increase any of the amounts specified for other enlisted
members in the table under the heading ``ENLISTED MEMBERS'' in
section 601(c) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 648), as adjusted
on January 1, 2001, pursuant to section 601(b) of this Act.
(2) The revisions in monthly basic pay made by the Secretary of
Defense and the Secretary of Transportation under paragraph (1) shall
take effect on July 1, 2001, but only if the Secretaries also comply
with paragraph (3).
(3) If the Secretary of Defense or the Secretary of Transportation
exercises the authority provided by paragraph (1), the Secretaries shall
include, in the budget justification materials submitted to Congress in
support of the President's budget submitted under section 1105 of title
31, United States Code, for fiscal year 2002--
(A) a revised pay table for enlisted members of the Armed
Forces to reflect the increases in monthly basic pay to take
effect on July 1, 2001; and
(B) a description of the various increases made and the
reasons therefor.
SEC. 603. REVISED METHOD FOR CALCULATION OF BASIC ALLOWANCE FOR
SUBSISTENCE.
(a) Annual Revision of Rate.--Subsection (b) of section 402 of title
37, United States Code, is amended--
[[Page 114 STAT. 1654A-145]]
(1) in paragraph (1), by striking ``The monthly rate'' and
inserting ``Through December 31, 2001, the monthly rate'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) On and after January 1, 2002, the monthly rate of basic
allowance for subsistence to be in effect for an enlisted member for a
year (beginning on January 1 of that year) shall be equal to the sum
of--
``(A) the monthly rate of basic allowance for subsistence
that was in effect for an enlisted member for the preceding
year; plus
``(B) the product of the monthly rate under subparagraph (A)
and the percentage increase in the monthly cost of a liberal
food plan for a male in the United States who is between 20 and
50 years of age over the preceding fiscal year, as determined by
the Secretary of Agriculture each October 1.''.
(b) Conforming Amendment.--Subsection (d)(1) of such section is
amended by striking ``established under subsection (b)(1)'' and
inserting ``in effect under paragraph (1) or (2) of subsection (b)''.
(c) Early Termination of BAS Transitional Authority.--Effective
October 1, 2001, subsections (c) through (f ) of section 602 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 37 U.S.C. 402 note) are repealed.
SEC. 604. FAMILY SUBSISTENCE SUPPLEMENTAL ALLOWANCE FOR LOW-INCOME
MEMBERS OF THE ARMED FORCES.
(a) Supplemental Allowance Required.--(1) Chapter 7 of title 37,
United States Code, is amended by inserting after section 402 the
following new section:
``Sec. 402a. Supplemental subsistence allowance for low-income members
with dependents
``(a) Supplemental Allowance Required.--(1) The Secretary concerned
shall increase the basic allowance for subsistence to which a member of
the armed forces described in subsection (b) is otherwise entitled under
section 402 of this title by an amount (in this section referred to as
the `supplemental subsistence allowance') designed to remove the
member's household from eligibility for benefits under the food stamp
program.
``(2) The supplemental subsistence allowance may not exceed $500 per
month. In establishing the amount of the supplemental subsistence
allowance to be paid an eligible member under this paragraph, the
Secretary shall take into consideration the amount of the basic
allowance for housing that the member receives under section 403 of this
title or would otherwise receive under such section, in the case of a
member who is not entitled to that allowance as a result of assignment
to quarters of the United States or a housing facility under the
jurisdiction of a uniformed service.
``(3) In the case of a member described in subsection (b) who
establishes to the satisfaction of the Secretary concerned that the
allotment of the member's household under the food stamp program,
calculated in the absence of the supplemental subsistence allowance,
would exceed the amount established by the Secretary concerned under
paragraph (2), the amount of the supplemental subsistence allowance for
the member shall be equal to the lesser of the following:
[[Page 114 STAT. 1654A-146]]
``(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:
[[Page 114 STAT. 1654A-147]]
``(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''.
[[Page 114 STAT. 1654A-148]]
(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.
[[Page 114 STAT. 1654A-149]]
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)''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000.
[[Page 114 STAT. 1654A-150]]
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
[[Page 114 STAT. 1654A-151]]
(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,''.
[[Page 114 STAT. 1654A-152]]
(b) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(c) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of such title is amended by striking
``December 31, 2000'' and inserting ``December 31, 2001''.
(d) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2000'' and inserting ``December
31, 2001''.
(e) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
SEC. 624. REVISION OF ENLISTMENT BONUS AUTHORITY.
(a) Bonus Authorized.--(1) Title 37, United States Code, is amended
by inserting after section 308i the following new section:
``Sec. 309. Special pay: enlistment bonus
``(a) Bonus Authorized; Bonus Amount.--A person who enlists in an
armed force for a period of at least 2 years may be paid a bonus in an
amount not to exceed $20,000. The bonus may be paid in a single lump sum
or in periodic installments.
``(b) Repayment of Bonus.--(1) A member of the armed forces who
voluntarily, or because of the member's misconduct, does not complete
the term of enlistment for which a bonus was paid under this section, or
a member who is not technically qualified in the skill for which the
bonus was paid, if any (other than a member who is not qualified because
of injury, illness, or other impairment not the result of the member's
misconduct), shall refund to the United States that percentage of the
bonus that the unexpired part of member's enlistment is of the total
enlistment period for which the bonus was paid.
``(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of an enlistment for which a bonus
was paid under this section does not discharge the person receiving the
bonus from the debt arising under paragraph (1).
``(c) Relation to Prohibition on Bounties.--The enlistment bonus
authorized by this section is not a bounty for purposes of section
514(a) of title 10.
``(d) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of Defense for the armed forces
under the jurisdiction of the Secretary of Defense and by the Secretary
of Transportation for the Coast Guard when the Coast Guard is not
operating as a service in the Navy.
``(e) Duration of Authority.--No bonus shall be paid under this
section with respect to any enlistment in the armed forces made after
December 31, 2001.''.
(2) The table of sections at the beginning of chapter 5 of such
title is amended by inserting after the item relating to section 308i
the following new item:
``309. Special pay: enlistment bonus.''.
[[Page 114 STAT. 1654A-153]]
(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,''.
[[Page 114 STAT. 1654A-154]]
SEC. 628. AUTHORIZATION OF SPECIAL PAY AND ACCESSION BONUS FOR PHARMACY
OFFICERS.
(a) Authorization of Special Pay and Bonus.--Chapter 5 of title 37,
United States Code, is amended by inserting after section 302h the
following new sections:
``Sec. 302i. Special pay: pharmacy officers
``(a) Army, Navy, and Air Force Pharmacy Officers.--Under
regulations prescribed pursuant to section 303a of this title, the
Secretary of the military department concerned may, subject to
subsection (c), pay special pay at the rates specified in subsection (d)
to an officer who--
``(1) is a pharmacy officer in the Medical Service Corps of
the Army or Navy or the Biomedical Sciences Corps of the Air
Force; and
``(2) is on active duty under a call or order to active duty
for a period of not less than one year.
``(b) Public Health Service Corps.--Subject to subsection (c), the
Secretary of Health and Human Services may pay special pay at the rates
specified in subsection (d) to an officer who--
``(1) is an officer in the Regular or Reserve Corps of the
Public Health Service and is designated as a pharmacy officer;
and
``(2) is on active duty under a call or order to active duty
for a period of not less than one year.
``(c) Limitation.--Special pay may not be paid under this section to
an officer serving in a pay grade above pay grade O-6.
``(d) Rate of Special Pay.--The rate of special pay paid to an
officer under subsection (a) or (b) is as follows:
``(1) $3,000 per year, if the officer is undergoing pharmacy
internship training or has less than 3 years of creditable
service.
``(2) $7,000 per year, if the officer has at least 3 but
less than 6 years of creditable service and is not undergoing
pharmacy internship training.
``(3) $7,000 per year, if the officer has at least 6 but
less than 8 years of creditable service.
``(4) $12,000 per year, if the officer has at least 8 but
less than 12 years of creditable service.
``(5) $10,000 per year, if the officer has at least 12 but
less than 14 years of creditable service.
``(6) $9,000 per year, if the officer has at least 14 but
less than 18 years of creditable service.
``(7) $8,000 per year, if the officer has 18 or more years
of creditable service.
``Sec. 302j. Special pay: accession bonus for pharmacy officers
``(a) Accession Bonus Authorized.--A person who is a graduate of an
accredited pharmacy school and who, during the period beginning on the
date of the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 and ending on September 30, 2004,
executes a written agreement described in subsection (c) to accept a
commission as an officer of a uniformed service and remain on active
duty for a period of not less than 4 years may, upon acceptance of the
agreement by the Secretary concerned, be paid an accession bonus in an
amount determined by the Secretary concerned.
[[Page 114 STAT. 1654A-155]]
``(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:
[[Page 114 STAT. 1654A-156]]
``(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
[[Page 114 STAT. 1654A-157]]
to an increase in compensation equal to \1/30\ of the monthly special
duty assignment pay prescribed by the Secretary concerned for the
performance of that same duty by members described in subsection (a).
``(2) A member of the National Guard or a reserve component entitled
to an increase in compensation under paragraph (1) is entitled to the
increase--
``(A) for each regular period of instruction, or period of
appropriate duty, at which the member is engaged for at least
two hours, including that performed on a Sunday or holiday; or
``(B) for the performance of such other equivalent training,
instruction, duty, or appropriate duties, as the Secretary may
prescribe under section 206(a) of this title.
``(3) This subsection does not apply to a member of the National
Guard or a reserve component who is entitled to basic pay under section
204 of this title.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect October 1, 2000.
SEC. 633. AUTHORIZATION OF RETENTION BONUS FOR MEMBERS OF THE ARMED
FORCES QUALIFIED IN A CRITICAL MILITARY SKILL.
(a) Bonus Authorized.--(1) Chapter 5 of title 37, United States
Code, is amended by adding at the end the following new section:
``Sec. 323. Special pay: retention incentives for members qualified in a
critical military skill
``(a) Retention Bonus Authorized.--An officer or enlisted member of
the armed forces who is serving on active duty and is qualified in a
designated critical military skill may be paid a retention bonus as
provided in this section if--
``(1) in the case of an officer, the member executes a
written agreement to remain on active duty for at least 1 year;
or
``(2) in the case of an enlisted member, the member
reenlists or voluntarily extends the member's enlistment for a
period of at least 1 year.
``(b) Designation of Critical Skills.--(1) A designated critical
military skill referred to in subsection (a) is a military skill
designated as critical by the Secretary of Defense, or by the Secretary
of Transportation with respect to the Coast Guard when it is not
operating as a service in the Navy.
``(2) The Secretary of Defense, and the Secretary of Transportation
with respect to the Coast Guard when it is not operating as a service in
the Navy, shall notify Congress, in advance, of each military skill to
be designated by the Secretary as critical for purposes of this section.
The notice shall be submitted at least 90 days before any bonus with
regard to that critical skill is offered under subsection (a) and shall
include a discussion of the necessity for the bonus, the amount and
method of payment of the bonus, and the retention results that the bonus
is expected to achieve.
``(c) Payment Methods.--A bonus under this section may be paid in a
single lump sum or in periodic installments.
``(d) Maximum Bonus Amount.--A member may enter into an agreement
under this section, or reenlist or voluntarily extend the member's
enlistment, more than once to receive a bonus under
[[Page 114 STAT. 1654A-158]]
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.
[[Page 114 STAT. 1654A-159]]
SEC. 634. ENTITLEMENT OF ACTIVE DUTY OFFICERS OF THE PUBLIC HEALTH
SERVICE CORPS TO SPECIAL PAYS AND BONUSES OF HEALTH
PROFESSIONAL OFFICERS OF THE ARMED FORCES.
(a) In General.--Section 303a of title 37, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b)(1) Except as provided in paragraph (2) or as otherwise
provided under a provision of this chapter, a commissioned officer in
the Regular or Reserve Corps of the Public Health Service is entitled to
special pay under a provision of this chapter in the same amounts, and
under the same terms and conditions, as a commissioned officer of the
armed forces is entitled to special pay under that provision.
``(2) A commissioned medical officer in the Regular or Reserve Corps
of the Public Health Service (other than an officer serving in the
Indian Health Service) may not receive additional special pay under
section 302(a)(4) of this title for any period during which the officer
is providing obligated service under the following provisions of law:
``(A) Section 338B of the Public Health Service Act (42
U.S.C. 254l-1).
``(B) Section 225(e) of the Public Health Service Act, as
that section was in effect before October 1, 1977.
``(C) Section 752 of the Public Health Service Act, as that
section was in effect between October 1, 1977, and August 13,
1981.''.
(b) Repeal of Superseded Provisions.--Section 208(a) of the Public
Health Service Act (42 U.S.C. 210(a)) is amended--
(1) by striking paragraphs (2) and (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) For provisions relating to the receipt of special pay by
commissioned officers of the Regular and Reserve Corps while on active
duty, see section 303a(b) of title 37, United States Code.''.
Subtitle C--Travel and Transportation Allowances
SEC. 641. ADVANCE PAYMENTS FOR TEMPORARY LODGING OF MEMBERS AND
DEPENDENTS.
(a) Subsistence Expenses.--Section 404a of title 37, United States
Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively; and
(2) by striking subsection (a) and inserting the following:
``(a) Payment or Reimbursement of Subsistence Expenses.--(1) Under
regulations prescribed by the Secretaries concerned, a member of a
uniformed service who is ordered to make a change of permanent station
described in paragraph (2) shall be paid or reimbursed for subsistence
expenses of the member and the member's dependents for the period
(subject to subsection (c)) for which
[[Page 114 STAT. 1654A-160]]
the member and dependents occupy temporary quarters incident to that
change of permanent station.
``(2) Paragraph (1) applies to the following:
``(A) A permanent change of station from any duty station to
a duty station in the United States (other than Hawaii or
Alaska).
``(B) A permanent change of station from a duty station in
the United States (other than Hawaii or Alaska) to a duty
station outside the United States or in Hawaii or Alaska.
``(C) In the case of an enlisted member who is reporting to
the member's first permanent duty station, the change from the
member's home of record or initial technical school to that
first permanent duty station.
``(b) Payment in Advance.--The Secretary concerned may make any
payment for subsistence expenses to a member under this section in
advance of the member actually incurring the expenses. The amount of an
advance payment made to a member shall be computed on the basis of the
Secretary's determination of the average number of days that members and
their dependents occupy temporary quarters under the circumstances
applicable to the member and the member's dependents.
``(c) Maximum Payment Period.--(1) In the case of a change of
permanent station described in subparagraph (A) or (C) of subsection
(a)(2), the period for which subsistence expenses are to be paid or
reimbursed under this section may not exceed 10 days.
``(2) In the case of a change of permanent station described in
subsection (a)(2)(B)--
``(A) the period for which such expenses are to be paid or
reimbursed under this section may not exceed five days; and
``(B) such payment or reimbursement may be provided only for
expenses incurred before leaving the United States (other than
Hawaii or Alaska).''.
(b) Per Diem.--Section 405 of such title is amended to read as
follows:
``Sec. 405. Travel and transportation allowances: per diem while on duty
outside the United States or in Hawaii or Alaska
``(a) Per Diem Authorized.--Without regard to the monetary
limitation of this title, the Secretary concerned may pay a per diem to
a member of the uniformed services who is on duty outside of the United
States or in Hawaii or Alaska, whether or not the member is in a travel
status. The Secretary may pay the per diem in advance of the accrual of
the per diem.
``(b) Determination of Per Diem.--In determining the per diem to be
paid under this section, the Secretary concerned shall consider all
elements of the cost of living to members of the uniformed services
under the Secretary's jurisdiction and their dependents, including the
cost of quarters, subsistence, and other necessary incidental expenses.
However, dependents may not be considered in determining the per diem
allowance for a member in a travel status.
``(c) Treatment of Housing Cost and Allowance.--Housing cost and
allowance may be disregarded in prescribing a station cost of living
allowance under this section.''.
[[Page 114 STAT. 1654A-161]]
(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:
[[Page 114 STAT. 1654A-162]]
``Sec. 411i. Travel and transportation allowances: parking expenses
``(a) Reimbursement Authority.--Under regulations prescribed by the
Secretary of Defense, the Secretary of a military department may
reimburse eligible Department of Defense personnel for expenses incurred
after October 1, 2001, for parking a privately owned vehicle at a place
of duty described in subsection (b).
``(b) Eligibility.--A member of the Army, Navy, Air Force, or Marine
Corps or an employee of the Department of Defense may be reimbursed
under subsection (a) for parking expenses while--
``(1) assigned to duty as a recruiter for any of the armed
forces;
``(2) assigned to duty at a military entrance processing
facility of the armed forces; or
``(3) detailed for instructional and administrative duties
at any institution where a unit of the Senior Reserve Officers'
Training Corps is maintained.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
411h the following new item:
``411i. Travel and transportation allowances: parking expenses.''.
SEC. 646. EXPANSION OF FUNDED STUDENT TRAVEL FOR DEPENDENTS.
Section 430 of title 37, United States Code, is amended--
(1) in subsections (a)(3) and (b)(1), by striking ``for the
purpose of obtaining a secondary or undergraduate college
education'' and inserting ``for the purpose of obtaining a
formal education''; and
(2) in subsection (f )--
(A) by striking ``In this section, the term'' and
inserting the following:
``In this section:
``(1) The term''; and
(B) by adding at the end the following new
subparagraph:
``(2) The term `formal education' means the following:
``(A) A secondary education.
``(B) An undergraduate college education.
``(C) A graduate education pursued on a full-time
basis at an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)).
``(D) Vocational education pursued on a full-time
basis at a post-secondary vocational institution (as
defined in section 102(c) of the Higher Education Act of
1965 (20 U.S.C. 1002(c))).''.
[[Page 114 STAT. 1654A-163]]
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;
[[Page 114 STAT. 1654A-164]]
``(B) 75 days in the year of service that includes
September 23, 1996, and in any subsequent year of
service before the year of service that includes the
date of the enactment of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001; and
``(C) 90 days in the year of service that includes
the date of the enactment of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
and in any subsequent year of service.''.
SEC. 653. RETIREMENT FROM ACTIVE RESERVE SERVICE AFTER REGULAR
RETIREMENT.
(a) Conversion to Reserve Retirement.--(1) Chapter 1223 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 12741. Retirement from active reserve service performed after
regular retirement
``(a) Election of Reserve Retired Pay.--A person who, after becoming
entitled to retired or retainer pay under chapter 65, 367, 571, or 867
of this title, serves in an active status in a reserve component is
entitled to retired pay under this chapter if--
``(1) the person would, but for paragraphs (3) and (4) of
section 12731(a) of this title, otherwise be entitled to retired
pay under this chapter;
``(2) the person elects under this section to received
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.''.
[[Page 114 STAT. 1654A-165]]
(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 reserve 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 or 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--
[[Page 114 STAT. 1654A-166]]
(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.
[[Page 114 STAT. 1654A-167]]
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)).''.
[[Page 114 STAT. 1654A-168]]
SEC. 663. BILLETING SERVICES FOR RESERVE MEMBERS TRAVELING FOR INACTIVE-
DUTY TRAINING.
(a) In General.--(1) Chapter 1217 of title 10, United States Code,
is amended by inserting after section 12603 the following new section:
``Sec. 12604. Billeting in Department of Defense facilities: Reserves
attending inactive-duty training
``(a) Authority for Billeting on Same Basis as Active Duty Members
Traveling Under Orders.--The Secretary of Defense shall prescribe
regulations authorizing a Reserve traveling to inactive-duty training at
a location more than 50 miles from that Reserve's residence to be
eligible for billeting in Department of Defense facilities on the same
basis and to the same extent as a member of the armed forces on active
duty who is traveling under orders away from the member's permanent duty
station.
``(b) Proof of Reason for Travel.--The Secretary shall include in
the regulations the means for confirming a Reserve's eligibility for
billeting under subsection (a).''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 12603 the
following new item:
``12604. Billeting in Department of Defense facilities: Reserves
attending inactive-duty training.''.
(b) Effective Date.--Section 12604 of title 10, United States Code,
as added by subsection (a), shall apply with respect to periods of
inactive-duty training beginning more than 180 days after the date of
the enactment of this Act.
SEC. 664. SETTLEMENT OF CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED LEAVE AND
FOR RETIRED PAY.
(a) Claims for Payments for Unused Accrued Leave.--Subsection
(a)(1)(A) of section 3702 of title 31, United States Code, is amended by
inserting ``payments for unused accrued leave,'' after
``transportation,''.
(b) Waiver of Time Limitations.--Subsection (e)(1) of such section
is amended by striking ``claim for pay or allowances provided under
title 37'' and inserting ``claim for pay, allowances, or payment for
unused accrued leave under title 37 or a claim for retired pay under
title 10''.
SEC. 665. ADDITIONAL BENEFITS AND PROTECTIONS FOR PERSONNEL INCURRING
INJURY, ILLNESS, OR DISEASE IN THE PERFORMANCE OF FUNERAL
HONORS DUTY.
(a) Incapacitation Pay.--Section 204 of title 37, United States
Code, is amended--
(1) in subsection (g)(1)--
(A) by striking ``or'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; or''; and
(C) by adding at the end the following:
``(E) in line of duty while--
``(i) serving on funeral honors duty under section
12503 of title 10 or section 115 of title 32;
``(ii) traveling to or from the place at which the
duty was to be performed; or
[[Page 114 STAT. 1654A-169]]
``(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.
[[Page 114 STAT. 1654A-170]]
(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.
[[Page 114 STAT. 1654A-171]]
(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.
[[Page 114 STAT. 1654A-172]]
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--
[[Page 114 STAT. 1654A-173]]
(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.
[[Page 114 STAT. 1654A-174]]
(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''.
[[Page 114 STAT. 1654A-175]]
(b) Medical Benefits.--Section 1079(g) of title 10, United States
Code, is amended by striking ``one-year period'' in the second sentence
and inserting ``three-year period''.
SEC. 705. TWO-YEAR EXTENSION OF AUTHORITY FOR USE OF CONTRACT PHYSICIANS
AT MILITARY ENTRANCE PROCESSING STATIONS AND ELSEWHERE
OUTSIDE MEDICAL TREATMENT FACILITIES.
Section 1091(a)(2) of title 10, United States Code, is amended by
striking ``December 31, 2000'' in the second sentence and inserting
``December 31, 2002''.
SEC. 706. MEDICAL AND DENTAL CARE FOR MEDAL OF HONOR RECIPIENTS.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074g the following new section:
``Sec. 1074h. Medical and dental care: medal of honor recipients;
dependents
``(a) Medal of Honor Recipients.--A former member of the armed
forces who is a Medal of Honor recipient and who is not otherwise
entitled to medical and dental benefits under this chapter may, upon
request, be given medical and dental care provided by the administering
Secretaries in the same manner as if entitled to retired pay.
``(b) Immediate Dependents.--A person who is an immediate dependent
of a Medal of Honor recipient and who is not otherwise entitled to
medical and dental benefits under this chapter may, upon request, be
given medical and dental care provided by the administering Secretaries
in the same manner as if the Medal of Honor recipient were, or (if
deceased) was at the time of death, entitled to retired pay.
``(c) Definitions.--In this section:
``(1) The term `Medal of Honor recipient' means a person who
has been awarded a medal of honor under section 3741, 6241, or
8741 of this title or section 491 of title 14.
``(2) The term `immediate dependent' means a dependent
described in subparagraph (A), (B), (C), or (D) of section
1072(2) of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1074g the
following new item:
``1074h. Medical and dental care: medal of honor recipients;
dependents.''.
(b) Effective Date.--Section 1074h of title 10, United States Code,
shall apply with respect to medical and dental care provided on or after
the date of the enactment of this Act.
Subtitle B--Senior Health Care
SEC. 711. IMPLEMENTATION OF TRICARE SENIOR PHARMACY PROGRAM.
(a) Expansion of TRICARE Senior Pharmacy Program.--Section 723 of
the Strom Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2068; 10 U.S.C. 1073 note) is
amended--
[[Page 114 STAT. 1654A-176]]
(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
[[Page 114 STAT. 1654A-177]]
(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:
[[Page 114 STAT. 1654A-178]]
``(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).
[[Page 114 STAT. 1654A-179]]
``(C) Explanation.--Each report under subparagraph
(B) shall include justifications for the changes or
termination to which the report refers.''.
(f ) Conditional Effective Date.--(1) Upon negotiating an agreement
under the amendment made by subsection (c)(1), the Secretary of Defense
and the Secretary of Health and Human Services shall jointly transmit a
notification of the proposed agreement to the Committee on Armed
Services and the Committee on Finance of the Senate and the Committee on
Armed Services and the Committee on Ways and Means of the House of
Representatives, and shall include with the transmittal a copy of the
proposed agreement and all related agreements and supporting documents.
(2) Such proposed agreement shall take effect, and the amendments
made by subsections (c)(2), (c)(3), (d), and (e) shall take effect, on
such date as is provided for in such agreement and in an Act enacted
after the date of the enactment of this Act.
SEC. 713. ACCRUAL FUNDING FOR HEALTH CARE FOR MEDICARE-ELIGIBLE RETIREES
AND DEPENDENTS.
(a) Establishment of Fund.--(1) Part II of subtitle A of title 10,
United States Code, is amended by inserting after chapter 55 the
following new chapter:
``CHAPTER 56--DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH
CARE FUND
``Sec.
``1111. Establishment and purpose of Fund; definitions.
``1112. Assets of Fund.
``1113. Payments from the Fund.
``1114. Board of Actuaries.
``1115. Determination of contributions to the Fund.
``1116. Payments into the Fund.
``1117. Investment of assets of Fund.
``Sec. 1111. Establishment and purpose of Fund; definitions
``(a) There is established on the books of the Treasury a fund to be
known as the Department of Defense Medicare-Eligible Retiree Health Care
Fund (hereafter 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.
[[Page 114 STAT. 1654A-180]]
``Sec. 1112. Assets of Fund
``There shall be deposited into the Fund the following, which shall
constitute the assets of the Fund:
``(1) Amounts paid into the Fund under section 1116 of this
title.
``(2) Any amount appropriated to the Fund.
``(3) Any return on investment of the assets of the Fund.
``Sec. 1113. Payments from the Fund
``(a) There shall be paid from the Fund amounts payable for
Department of Defense retiree health care programs for medicare-eligible
beneficiaries.
``(b) The assets of the Fund are hereby made available for payments
under subsection (a).
``Sec. 1114. Board of Actuaries
``(a)(1) There is established in the Department of Defense a
Department of Defense Medicare-Eligible Retiree Health Care Board of
Actuaries (hereafter 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.
[[Page 114 STAT. 1654A-181]]
``Sec. 1115. Determination of contributions to the Fund
``(a) The Board shall determine the amount that is the present value
(as of October 1, 2002) of future benefits payable from the Fund that
are attributable to service in the uniformed services performed before
October 1, 2002. That amount is the original unfunded liability of the
Fund. The Board shall determine the period of time over which the
original unfunded liability should be liquidated and shall determine an
amortization schedule for the liquidation of such liability over that
period. Contributions to the Fund for the liquidation of the original
unfunded liability in accordance with such schedule shall be made as
provided in section 1116(b) of this title.
``(b)(1) The Secretary of Defense shall determine each year, in
sufficient time for inclusion in budget requests for the following
fiscal year, the total amount of Department of Defense contributions to
be made to the Fund during that fiscal year under section 1116(a) of
this title. That amount shall be the sum of the following:
``(A) The product of--
``(i) the current estimate of the value of the
single level dollar amount to be determined under
subsection (c)(1)(A) at the time of the next actuarial
valuation under subsection (c); and
``(ii) the expected average force strength during
that fiscal year for members of the uniformed services
on active duty (other than active duty for training) and
full-time National Guard duty (other than full-time
National Guard duty for training only).
``(B) The product of--
``(i) the current estimate of the value of the
single level dollar amount to be determined under
subsection (c)(1)(B) at the time of the next actuarial
valuation under subsection (c); and
``(ii) the expected average force strength during
that fiscal year for members of the Ready Reserve of the
uniformed services (other than members on full-time
National Guard duty other than for training) who are not
otherwise described in subparagraph (A)(ii).
``(2) The amount determined under paragraph (1) for any fiscal year
is the amount needed to be appropriated to the Department of Defense for
that fiscal year for payments to be made to the Fund during that year
under section 1116(a) of this title. The President shall include not
less than the full amount so determined in the budget transmitted to
Congress for that fiscal year under section 1105 of title 31. The
President may comment and make recommendations concerning any such
amount.
``(c)(1) Not less often than every four years, the Secretary of
Defense shall carry out an actuarial valuation of the Fund. Each such
actuarial valuation shall include--
``(A) a determination (using the aggregate entry-age normal
cost method) of a single level dollar amount for members of the
uniformed services on active duty (other than active duty for
training) or full-time National Guard duty (other than full-time
National Guard duty for training only); and
``(B) a determination (using the aggregate entry-age normal
cost method) of a single level dollar amount for members of the
Ready Reserve of the uniformed services and other than
[[Page 114 STAT. 1654A-182]]
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.
``Sec. 1116. Payments into the Fund
``(a) The Secretary of Defense shall pay into the Fund at the end of
each month as the Department of Defense contribution to the Fund for
that month the amount that is the sum of the following:
``(1) The product of--
``(A) the monthly dollar amount determined using all
the methods and assumptions approved for the most recent
(as of the first day of the current fiscal year)
actuarial valuation under section 1115(c)(1)(A) of this
title (except
[[Page 114 STAT. 1654A-183]]
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.
[[Page 114 STAT. 1654A-184]]
``Sec. 1117. Investment of assets of Fund
``The Secretary of the Treasury shall invest such portion of the
Fund as is not in the judgment of the Secretary of Defense required to
meet current withdrawals. Such investments shall be in public debt
securities with maturities suitable to the needs of the Fund, as
determined by the Secretary of Defense, and bearing interest at rates
determined by the Secretary of the Treasury, taking into consideration
current market yields on outstanding marketable obligations of the
United States of comparable maturities. The income on such investments
shall be credited to and form a part of the Fund.''.
(2) The tables of chapters at the beginning of subtitle A, and at
the beginning of part II of subtitle A, of title 10, United States Code,
are amended by inserting after the item relating to chapter 55 the
following new item:
``56. Department of Defense Medicare-Eligible Retiree Health Care
Fund........................................................1111.''.
(b) Delayed Effective Dates for Certain Provisions.--(1) Sections
1113 and 1116 of title 10, United States Code (as added by subsection
(a)), shall take effect on October 1, 2002.
(2) Section 1115 of such title (as added by such subsection) shall
take effect on October 1, 2001.
Subtitle C--TRICARE Program
SEC. 721. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE TRICARE
PROGRAM.
(a) Waiver of Nonavailability Statement or Preauthorization.--In the
case of a covered beneficiary under chapter 55 of title 10, United
States Code, who is enrolled in TRICARE Standard, the Secretary of
Defense may not require with regard to authorized health care services
(other than mental health services) under any new contract for the
provision of health care services under such chapter that the
beneficiary--
(1) obtain a nonavailability statement or preauthorization
from a military medical treatment facility in order to receive
the services from a civilian provider; or
(2) obtain a nonavailability statement for care in
specialized treatment facilities outside the 200-mile radius of
a military medical treatment facility.
(b) Notice.--The Secretary may require that the covered beneficiary
inform the primary care manager of the beneficiary of any health care
received from a civilian provider or in a specialized treatment
facility.
(c) Exceptions.--Subsection (a) shall not apply if--
(1) the Secretary demonstrates significant costs would be
avoided by performing specific procedures at the affected
military medical treatment facilities;
(2) the Secretary determines that a specific procedure must
be provided at the affected military medical treatment facility
to ensure the proficiency levels of the practitioners at the
facility; or
(3) the lack of nonavailability statement data would
significantly interfere with TRICARE contract administration.
(d) Effective Date.--This section shall take effect on October 1,
2001.
[[Page 114 STAT. 1654A-185]]
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.
[[Page 114 STAT. 1654A-186]]
``(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;
[[Page 114 STAT. 1654A-187]]
(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):
[[Page 114 STAT. 1654A-188]]
``(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.
[[Page 114 STAT. 1654A-189]]
SEC. 728. PRIOR AUTHORIZATIONS FOR CERTAIN REFERRALS AND
NONAVAILABILITY-OF-HEALTH-CARE STATEMENTS.
(a) Prohibition Regarding Prior Authorization for Referrals.--(1)
Chapter 55 of title 10, United States Code, is amended by inserting
after section 1095e the following new section:
``Sec. 1095f. TRICARE program: referrals for specialty health care
``The Secretary of Defense shall ensure that no contract for managed
care support under the TRICARE program includes any requirement that a
managed care support contractor require a primary care or specialty care
provider to obtain prior authorization before referring a patient to a
specialty care provider that is part of the network of health care
providers or institutions of the contractor.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1095e the
following new item:
``1095f. TRICARE program: referrals for specialty health care.''.
(b) Report.--Not later than February 1, 2001, the Comptroller
General shall submit to Congress a report on the financial and
management implications of eliminating the requirement to obtain
nonavailability-of-health-care statements under section 1080 of title
10, United States Code.
(c) Effective Date.--Section 1095f of title 10, United States Code,
as added by subsection (a), shall apply with respect to a TRICARE
managed care support contract entered into by the Department of Defense
after the date of the enactment of this Act.
Subtitle D--Demonstration Projects
SEC. 731. DEMONSTRATION PROJECT FOR EXPANDED ACCESS TO MENTAL HEALTH
COUNSELORS.
(a) Requirement To Conduct Demonstration Project.--The Secretary of
Defense shall conduct a demonstration project under which licensed and
certified professional mental health counselors who meet eligibility
requirements for participation as providers under the Civilian Health
and Medical Program of the Uniformed Services (hereafter in this section
referred to as ``CHAMPUS'') or the TRICARE program may provide services
to covered beneficiaries under chapter 55 of title 10, United States
Code, without referral by physicians or adherence to supervision
requirements.
(b) Duration and Location of Project.--The Secretary shall conduct
the demonstration project required by subsection (a)--
(1) during the 2-year period beginning October 1, 2001; and
(2) in one established TRICARE region.
(c) Regulations.--The Secretary shall prescribe regulations
regarding participation in the demonstration project required by
subsection (a).
(d) Plan for Project.--Not later than March 31, 2001, the Secretary
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a plan to carry out the demonstration project.
The plan shall include, but not be limited to, a description of the
following:
[[Page 114 STAT. 1654A-190]]
(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.
[[Page 114 STAT. 1654A-191]]
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.
[[Page 114 STAT. 1654A-192]]
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.
[[Page 114 STAT. 1654A-193]]
Subtitle F--Other Matters
SEC. 751. MANAGEMENT OF ANTHRAX VACCINE IMMUNIZATION PROGRAM.
(a) System and Procedures for Tracking Separations.--(1) Chapter 59
of title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 1178. System and procedures for tracking separations resulting
from refusal to participate in anthrax vaccine
immunization program
``(a) Requirement To Establish System.--The Secretary of each
military department shall establish a system for tracking, recording,
and reporting separations of members of the armed forces under the
Secretary's jurisdiction that result from procedures initiated as a
result of a refusal to participate in the anthrax vaccine immunization
program.
``(b) Report.--The Secretary of Defense shall consolidate the
information recorded under the system described in subsection (a) and
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives not later than April 1 of each year a report on
such information. Each such report shall include a description of--
``(1) the number of members separated, categorized by
military department, grade, and active-duty or reserve status;
and
``(2) any other information determined appropriate by the
Secretary.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1178. System and procedures for tracking separations resulting from
refusal to participate in anthrax vaccine immunization
program.''.
(b) Procedures for Exemptions; Monitoring Adverse Reactions.--(1)
Chapter 55 of such title is amended by adding at the end the following
new section:
``Sec. 1110. Anthrax vaccine immunization program; procedures for
exemptions and monitoring reactions
``(a) Procedures for Medical and Administrative Exemptions.--(1) The
Secretary of Defense shall establish uniform procedures under which
members of the armed forces may be exempted from participating in the
anthrax vaccine immunization program for either administrative or
medical reasons.
``(2) The Secretaries of the military departments shall provide for
notification of all members of the armed forces of the procedures
established pursuant to paragraph (1).
``(b) System for Monitoring Adverse Reactions.--(1) The Secretary
shall establish a system for monitoring adverse reactions of members of
the armed forces to the anthrax vaccine. That system shall include the
following:
``(A) Independent review of Vaccine Adverse Event Reporting
System reports.
``(B) Periodic surveys of personnel to whom the vaccine is
administered.
[[Page 114 STAT. 1654A-194]]
``(C) A continuing longitudinal study of a pre-identified
group of members of the armed forces (including men and women
and members from all services).
``(D) Active surveillance of a sample of members to whom the
anthrax vaccine has been administered that is sufficient to
identify, at the earliest opportunity, any patterns of adverse
reactions, the discovery of which might be delayed by reliance
solely on the Vaccine Adverse Event Reporting System.
``(2) The Secretary may extend or expand any ongoing or planned
study or analysis of trends in adverse reactions of members of the armed
forces to the anthrax vaccine in order to meet any of the requirements
in paragraph (1).
``(3) The Secretary shall establish guidelines under which members
of the armed forces who are determined by an independent expert panel to
be experiencing unexplained adverse reactions may obtain access to a
Department of Defense Center of Excellence treatment facility for
expedited treatment and follow up.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1110. Anthrax vaccine immunization program; procedures for exemptions
and monitoring reactions.''.
(c) Emergency Essential Employees.--(1) Chapter 81 of such title is
amended by inserting after section 1580 the following new section:
``Sec. 1580a. Emergency essential employees: notification of required
participation in anthrax vaccine immunization
program
``The Secretary of Defense shall--
``(1) prescribe regulations for the purpose of ensuring that
any civilian employee of the Department of Defense who is
determined to be an emergency essential employee and who is
required to participate in the anthrax vaccine immunization
program is notified of the requirement to participate in the
program and the consequences of a decision not to participate;
and
``(2) ensure that any individual who is being considered for
a position as such an employee is notified of the obligation to
participate in the program before being offered employment in
such position.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1580 the
following new item:
``1580a. Emergency essential employees: notification of required
participation in anthrax vaccine immunization program.''.
(d) Comptroller General Report.--(1) Not later than April 1, 2002,
the Comptroller General shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the effect of
the Department of Defense anthrax vaccine immunization program on the
recruitment and retention of active duty and reserve military personnel
and civilian personnel of the Department of Defense. The study shall
cover the period beginning on the date of the enactment of this Act and
ending on December 31, 2001.
(2) The Comptroller General shall include in the report required by
paragraph (1) a description of any personnel actions (including
[[Page 114 STAT. 1654A-195]]
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.
[[Page 114 STAT. 1654A-196]]
``(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
[[Page 114 STAT. 1654A-197]]
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.
[[Page 114 STAT. 1654A-198]]
(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
[[Page 114 STAT. 1654A-199]]
services, the number of such providers who are CHAMPUS participating
providers, the number of covered beneficiaries under CHAMPUS in the
locality, the availability of military providers in the location or a
nearby location, and any other factors determined to be relevant by the
Secretary.''.
(b) Reports.--(1) Not later than March 31, 2001, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives and the General Accounting Office a
report on actions taken to carry out section 1079(h)(5) of title 10,
United States Code (as added by subsection (a)) and section 1097b of
such title.
(2) Not later than May 1, 2001, the Comptroller General shall submit
to Congress a report analyzing the utility of--
(A) increased reimbursement authorities with respect to
ensuring the availability of network providers and nonnetwork
providers under the TRICARE program to covered beneficiaries
under chapter 55 of such title; and
(B) requiring a reimbursement limitation of 70 percent of
usual and customary rates rather than 115 percent of maximum
allowable charges under the Civilian Health and Medical Program
of the Uniformed Services.
(3)(A) Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the extent to which physicians are choosing not to participate in
contracts for the furnishing of health care in rural States under
chapter 55 of title 10, United States Code. The report shall include the
following:
(i) The number of physicians in rural States who are
withdrawing from participation, or otherwise refusing to
participate, in the health care contracts.
(ii) The reasons for the withdrawals and refusals.
(iii) The actions that the Secretary of Defense can take to
encourage more physicians to participate in the health care
contracts.
(iv) Any recommendations for legislation that the Secretary
considers necessary to encourage more physicians to participate
in the health care contracts.
(B) In this paragraph, the term ``rural State'' means a State that
has, on average, as determined by the Bureau of the Census in the latest
decennial census--
(i) fewer than 76 residents per square mile; and
(ii) fewer than 211 actively practicing physicians (not
counting physicians employed by the United States) per 100,000
residents.
SEC. 758. REIMBURSEMENT FOR CERTAIN TRAVEL EXPENSES.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074h (as added by section 706) the
following new section:
``Sec. 1074i. Reimbursement for certain travel expenses
``In any case in which a covered beneficiary is referred by a
primary care physician to a specialty care provider who provides
services more than 100 miles from the location in which the primary
[[Page 114 STAT. 1654A-200]]
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
[[Page 114 STAT. 1654A-201]]
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.
[[Page 114 STAT. 1654A-202]]
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
[[Page 114 STAT. 1654A-203]]
September 30, 1998'' and inserting ``on October 13, 1994, and ends on
October 1, 2007''.
(b) Expansion of JDAM Program.--Section 5064(a)(2) of such Act is
amended by striking ``1000-pound and 2000-pound bombs'' and inserting
``500-pound, 1000-pound, and 2000-pound bombs''.
(c) Report Required.--(1) Not later than January 1, 2001, the
Secretary of Defense shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report on the acquisition
pilot programs of the Department of Defense. The report shall describe,
for each acquisition program identified in section 5064(a) of the
Federal Acquisition Streamlining Act of 1994, the following:
(A) Each quantitative measure and goal established for each
item described in paragraph (2), which of such goals have been
achieved, and the extent to which the use of the authorities in
section 809 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 10 U.S.C. 2430 note) and section
5064 of the Federal Acquisition Streamlining Act of 1994 was a
factor in achieving each of such goals.
(B) Recommended revisions to statutes or the Federal
Acquisition Regulation as a result of participation in the pilot
program.
(C) Any innovative business practices developed as a result
of participation in the pilot program, whether such business
practices could be applied to other acquisition programs, and
any impediments to application of such practices to other
programs.
(D) Technological changes to the program, and to what extent
those changes affected the items in paragraph (2).
(E) Any other information determined appropriate by the
Secretary.
(2) The items under this paragraph are, with respect to defense
acquisition programs, the following:
(A) The acquisition management costs.
(B) The unit cost of the items procured.
(C) The acquisition cycle.
(D) The total cost of carrying out the contract.
(E) Staffing necessary to carry out the program.
SEC. 802. MULTIYEAR SERVICES CONTRACTS.
(a) In General.--(1) Chapter 137 of title 10, United States Code, is
amended by inserting after section 2306b the following:
``Sec. 2306c. Multiyear contracts: acquisition of services
``(a) Authority.--Subject to subsections (d) and (e), the head of an
agency may enter into contracts for periods of not more than five years
for services described in subsection (b), and for items of supply
related to such services, for which funds would otherwise be available
for obligation only within the fiscal year for which appropriated
whenever the head of the agency finds that--
``(1) there will be a continuing requirement for the
services consonant with current plans for the proposed contract
period;
``(2) the furnishing of such services will require a
substantial initial investment in plant or equipment, or the
incurrence of substantial contingent liabilities for the
assembly, training, or transportation of a specialized work
force; and
[[Page 114 STAT. 1654A-204]]
``(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.
[[Page 114 STAT. 1654A-205]]
``(5) The committees of Congress referred to in paragraphs (1), (3),
and (4) are as follows:
``(A) The Committee on Armed Services and the Committee on
Appropriations of the Senate.
``(B) The Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
``(e) Cancellation or Termination for Insufficient Funding After
First Year.--In the event that funds are not made available for the
continuation of a multiyear contract for services into a subsequent
fiscal year, the contract shall be canceled or terminated, and the costs
of cancellation or termination may be paid from--
``(1) appropriations originally available for the
performance of the contract concerned;
``(2) appropriations currently available for procurement of
the type of services concerned, and not otherwise obligated; or
``(3) funds appropriated for those payments.
``(f ) Multiyear Contract Defined.--For the purposes of this
section, a multiyear contract is a contract for the purchase of services
for more than one, but not more than five, program years. Such a
contract may provide that performance under the contract during the
second and subsequent years of the contract is contingent upon the
appropriation of funds and (if it does so provide) may provide for a
cancellation payment to be made to the contractor if such appropriations
are not made.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2306b the
following:
``2306c. Multiyear contracts: acquisition of services.''.
(b) Reference to Relocated Authority.--Subsection (g) of section
2306 of such title is amended to read as follows:
``(g) Multiyear contracting authority for the acquisition of
services is provided in section 2306c of this title.''.
(c) Conforming Amendment.--Section 2306b(k) of title 10, United
States Code, is amended by striking ``or services''.
(d) Applicability.--Section 2306c of title 10, United States Code
(as added by subsection (a)), shall apply with respect to contracts for
which solicitations of offers are issued after the date of the enactment
of this Act.
SEC. 803. CLARIFICATION AND EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
(a) Amendments to Authority.--Section 845 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C.
2371 note) is amended--
(1) by redesignating subsection (d) as subsection (f ); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Appropriate Use of Authority.--(1) The Secretary of Defense
shall ensure that no official of an agency enters into a transaction
(other than a contract, grant, or cooperative agreement) for a prototype
project under the authority of this section unless--
``(A) there is at least one nontraditional defense
contractor participating to a significant extent in the
prototype project; or
[[Page 114 STAT. 1654A-206]]
``(B) no nontraditional defense contractor is participating
to a significant extent in the prototype project, but at least
one of the following circumstances exists:
``(i) At least one third of the total cost of the
prototype project is to be paid out of funds provided by
parties to the transaction other than the Federal
Government.
``(ii) The senior procurement executive for the
agency (as designated for the purposes of section 16(3)
of the Office of Federal Procurement Policy Act (41
U.S.C. 414(3)) determines in writing that exceptional
circumstances justify the use of a transaction that
provides for innovative business arrangements or
structures that would not be feasible or appropriate
under a contract.
``(2)(A) Except as provided in subparagraph (B), the amounts counted
for the purposes of this subsection as being provided, or to be
provided, by a party to a transaction with respect to a prototype
project that is entered into under this section other than the Federal
Government do not include costs that were incurred before the date on
which the transaction becomes effective.
``(B) Costs that were incurred for a prototype project by a party
after the beginning of negotiations resulting in a transaction (other
than a contract, grant, or cooperative agreement) with respect to the
project before the date on which the transaction becomes effective may
be counted for purposes of this subsection as being provided, or to be
provided, by the party to the transaction if and to the extent that the
official responsible for entering into the transaction determines in
writing that--
``(i) the party incurred the costs in anticipation of
entering into the transaction; and
``(ii) it was appropriate for the party to incur the costs
before the transaction became effective in order to ensure the
successful implementation of the transaction.
``(e) Nontraditional Defense Contractor Defined.--In this section,
the term `nontraditional defense contractor' means an entity that has
not, for a period of at least one year prior to the date that a
transaction (other than a contract, grant, or cooperative agreement) for
a prototype project under the authority of this section is entered into,
entered into or performed with respect to--
``(1) any contract that is subject to full coverage under
the cost accounting standards prescribed pursuant to section 26
of the Office of Federal Procurement Policy Act (41 U.S.C. 422)
and the regulations implementing such section; or
``(2) any other contract in excess of $500,000 to carry out
prototype projects or to perform basic, applied, or advanced
research projects for a Federal agency, that is subject to the
Federal Acquisition Regulation.''.
(b) Extension of Authority.--Subsection (f ) of such section, as
redesignated by subsection (a)(1), is amended by striking ``September
30, 2001'' and inserting ``September 30, 2004''.
SEC. 804. CLARIFICATION OF AUTHORITY OF COMPTROLLER GENERAL TO REVIEW
RECORDS OF PARTICIPANTS IN CERTAIN PROTOTYPE PROJECTS.
(a) Comptroller General Review.--Section 845(c) of the National
Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is
amended--
[[Page 114 STAT. 1654A-207]]
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) The right provided to the Comptroller General in a clause
of an agreement under paragraph (1) is limited as provided in
subparagraph (B) in the case of a party to the agreement, an entity that
participates in the performance of the agreement, or a subordinate
element of that party or entity if the only agreements or other
transactions that the party, entity, or subordinate element entered into
with Government entities in the year prior to the date of that agreement
are cooperative agreements or transactions that were entered into under
this section or section 2371 of title 10, United States Code.
``(B) The only records of a party, other entity, or subordinate
element referred to in subparagraph (A) that the Comptroller General may
examine in the exercise of the right referred to in that subparagraph
are records of the same type as the records that the Government has had
the right to examine under the audit access clauses of the previous
agreements or transactions referred to in such subparagraph that were
entered into by that particular party, entity, or subordinate
element.''.
SEC. 805. EXTENSION OF TIME PERIOD OF LIMITATION ON PROCUREMENT OF BALL
BEARINGS AND ROLLER BEARINGS.
Section 2534(c)(3) of title 10, United States Code, is amended by
striking ``October 1, 2000'' and inserting ``October 1, 2005''.
SEC. 806. REPORTING REQUIREMENTS RELATING TO MULTIYEAR CONTRACTS.
Section 2306b(l) of title 10, United States Code, is amended--
(1) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
striking ``The head of an agency'' and all that follows
through ``following information'' and inserting ``Not
later than the date of the submission of the President's
budget request under section 1105 of title 31, the
Secretary of Defense shall submit a report to the
congressional defense committees each year, providing
the following information with respect to each multiyear
contract (and each extension of an existing multiyear
contract) entered into, or planned to be entered into,
by the head of an agency during the current or preceding
year''; and
(B) in subparagraph (B), by striking ``in effect
immediately before the contract (or contract extension)
is entered into'' and inserting ``in effect at the time
the report is submitted'';
(2) by redesignating paragraphs (5) through (9) as
paragraphs (6) through (10), respectively; and
(3) by inserting after paragraph (4) the following new
paragraph (5):
``(5) The head of an agency may not enter into a multiyear contract
(or extend an existing multiyear contract), the value of which would
exceed $500,000,000 (when entered into or when extended, as the case may
be), until the Secretary of Defense submits to the congressional defense
committees a report containing the information described in paragraph
(4) with respect to the contract (or contract extension).''.
[[Page 114 STAT. 1654A-208]]
SEC. 807. ELIGIBILITY OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY
WOMEN FOR ASSISTANCE UNDER THE MENTOR-PROTEGE PROGRAM.
Section 831(m)(2) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) a small business concern owned and controlled
by women, as defined in section 8(d)(3)(D) of the Small
Business Act (15 U.S.C. 637(d)(3)(D)).''.
SEC. 808. QUALIFICATIONS REQUIRED FOR EMPLOYMENT AND ASSIGNMENT IN
CONTRACTING POSITIONS.
(a) Applicability of Requirements to Members of the Armed Forces.--
Section 1724 of title 10, United States Code, is amended in the first
sentence of subsection (d)--
(1) by striking ``employee of'' and inserting ``employee or
member of''; and
(2) by striking ``employee possesses'' and inserting
``employee or member possesses''.
(b) Mandatory Academic Qualifications.--(1) Subsection (a)(3) of
such section is amended--
(A) by inserting ``and'' before ``(B)''; and
(B) by striking ``, or (C)'' and all that follows through
``listed in subparagraph (B)''.
(2) Subsection (b) of such section is amended to read as follows:
``(b) GS-1102 Series Positions and Similar Military Positions.--The
Secretary of Defense shall require that a person meet the requirements
set forth in paragraph (3) of subsection (a), but not the other
requirements set forth in that subsection, in order to qualify to serve
in a position in the Department of Defense in--
``(1) the GS-1102 occupational series; or
``(2) a similar occupational specialty if the position is to
be filled by a member of the armed forces.''.
(c) Exception.--Subsection (c) of such section is amended to read as
follows:
``(c) Exception.--The requirements imposed under subsection (a) or
(b) shall not apply to a person for the purpose of qualifying to serve
in a position in which the person is serving on September 30, 2000.''.
(d) Deletion of Unnecessary Cross References.--Subsection (a) of
such section is amended by striking ``(except as provided in subsections
(c) and (d))'' in the matter preceding paragraph (1).
(e) Effective Date.--This section, and the amendments made by this
section, shall take effect on October 1, 2000, and shall apply to
appointments and assignments to contracting positions made on or after
that date.
SEC. 809. REVISION OF AUTHORITY FOR SOLUTIONS-BASED CONTRACTING PILOT
PROGRAM.
(a) Pilot Projects Under the Program.--Section 5312 of the Clinger-
Cohen Act of 1996 (40 U.S.C. 1492) is amended--
[[Page 114 STAT. 1654A-209]]
(1) in subsection (a), by striking ``subsection (d)(2)'' and
inserting ``subsection (d)''; and
(2) by striking subsection (d) and inserting the following:
``(d) Pilot Program Projects.--The Administrator shall authorize to
be carried out under the pilot program--
``(1) not more than 10 projects, each of which has an
estimated cost of at least $25,000,000 and not more than
$100,000,000; and
``(2) not more than 10 projects for small business concerns,
each of which has an estimated cost of at least $1,000,000 and
not more than $5,000,000.''.
(b) Elimination of Requirement for Federal Funding of Program
Definition Phase.--Subsection (c)(9)(B) of such section is amended by
striking ``program definition phase (funded, in the case of the source
ultimately awarded the contract, by the Federal Government)--'' and
inserting ``program definition phase--''.
SEC. 810. PROCUREMENT NOTICE OF CONTRACTING OPPORTUNITIES THROUGH
ELECTRONIC MEANS.
(a) Publication by Electronic Means.--Subsection (a) of section 18
of the Office of Federal Procurement Policy Act (41 U.S.C. 416) is
amended--
(1) in paragraph (1)(A), by striking ``furnish for
publication by the Secretary of Commerce'' and inserting
``publish'';
(2) by striking paragraph (2) and inserting the following:
``(2)(A) A notice of solicitation required to be published under
paragraph (1) may be published--
``(i) by electronic means that meets the requirements for
accessibility under paragraph (7); or
``(ii) by the Secretary of Commerce in the Commerce Business
Daily.
``(B) The Secretary of Commerce shall promptly publish in the
Commerce Business Daily each notice or announcement received under this
subsection for publication by that means.''; and
(3) by adding at the end the following:
``(7) A publication of a notice of solicitation by electronic means
meets the requirements for accessibility under this paragraph if the
notice is electronically accessible in a form that allows convenient and
universal user access through the single Government-wide point of entry
designated in the Federal Acquisition Regulation.''.
(b) Waiting Period for Issuance of Solicitation.--Paragraph (3) of
such subsection is amended--
(1) in the matter preceding subparagraph (A), by striking
``furnish a notice to the Secretary of Commerce'' and inserting
``publish a notice of solicitation''; and
(2) in subparagraph (A), by striking ``by the Secretary of
Commerce''.
(c) Conforming Amendments To Small Business Act.--Subsection (e) of
section 8 of the Small Business Act (15 U.S.C. 637) is amended--
(1) in paragraph (1)(A), by striking ``furnish for
publication by the Secretary of Commerce'' and inserting
``publish'';
(2) by striking paragraph (2) and inserting the following:
``(2)(A) A notice of solicitation required to be published under
paragraph (1) may be published--
[[Page 114 STAT. 1654A-210]]
``(i) by electronic means that meet the accessibility
requirements under section 18(a)(7) of the Office of Federal
Procurement Policy Act (41 U.S.C. 416(a)(7)); or
``(ii) by the Secretary of Commerce in the Commerce Business
Daily.
``(B) The Secretary of Commerce shall promptly publish in the
Commerce Business Daily each notice or announcement received under this
subsection for publication by that means.''; and
(3) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``furnish a notice to the Secretary of
Commerce'' and inserting ``publish a notice of
solicitation''; and
(B) in subparagraph (A), by striking ``by the
Secretary of Commerce''.
(d) Periodic Reports on Implementation of Electronic Commerce in
Federal Procurement.--Section 30(e) of the Office of Federal Procurement
Policy Act (41 U.S.C. 426(e)) is amended--
(1) in the first sentence, by striking ``Not later than
March 1, 1998, and every year afterward through 2003'' and
inserting ``Not later than March 1 of each even-numbered year
through 2004''; and
(2) in paragraph (4)--
(A) by striking ``Beginning with the report
submitted on March 1, 1999, an'' and inserting ``An'';
and
(B) by striking ``calendar year'' and inserting
``two fiscal years''.
(e) Effective Date; Applicability.--The amendments made by this
section shall take effect on October 1, 2000. The amendments made by
subsections (a), (b), and (c) shall apply with respect to solicitations
issued on or after that date.
Subtitle B--Information Technology
SEC. 811. ACQUISITION AND MANAGEMENT OF INFORMATION TECHNOLOGY.
(a) Responsibility of DOD Chief Information Officer Relating to
Mission Critical and Mission Essential Information Technology Systems.--
Section 2223(a) of title 10, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) maintain a consolidated inventory of Department of
Defense mission critical and mission essential information
systems, identify interfaces between those systems and other
information systems, and develop and maintain contingency plans
for responding to a disruption in the operation of any of those
information systems.''.
(b) Minimum Planning Requirements for the Acquisition of Information
Technology Systems.--(1) Not later than 60 days after the date of the
enactment of this Act, Department of Defense Directive 5000.1 shall be
revised to establish minimum planning requirements for the acquisition
of information technology systems.
(2) The revised directive required by (1) shall--
[[Page 114 STAT. 1654A-211]]
(A) include definitions of the terms ``mission critical
information system'' and ``mission essential information
system'';
(B) prohibit the award of any contract for the acquisition
of a mission critical or mission essential information
technology system until--
(i) the system has been registered with the Chief
Information Officer of the Department of Defense;
(ii) the Chief Information Officer has received all
information on the system that is required under the
directive to be provided to that official; and
(iii) the Chief Information Officer has determined
that there is in place for the system an appropriate
information assurance strategy; and
(C) require that, in the case of each system registered
pursuant to subparagraph (B)(i), the information required under
subparagraph (B)(ii) to be submitted as part of the registration
shall be updated on not less than a quarterly basis.
(c) Milestone Approval for Major Automated Information Systems.--The
revised directive required by subsection (b) shall prohibit Milestone I
approval, Milestone II approval, or Milestone III approval (or the
equivalent) of a major automated information system within the
Department of Defense until the Chief Information Officer has determined
that--
(1) the system is being developed in accordance with the
requirements of division E of the Clinger-Cohen Act of 1996 (40
U.S.C. 1401 et seq.);
(2) appropriate actions have been taken with respect to the
system in the areas of business process reengineering, analysis
of alternatives, economic analysis, and performance measures;
and
(3) the system has been registered as described in
subsection (b)(2)(B).
(d) Notice of Redesignation of Systems.--(1) Whenever during fiscal
year 2001, 2002, or 2003 the Chief Information Officer designates a
system previously designated as a major automated information system to
be in a designation category other than a major automated information
system, the Chief Information Officer shall notify the congressional
defense committees of that designation. The notice shall be provided not
later than 30 days after the date of that designation. Any such notice
shall include the rationale for the decision to make the designation and
a description of the program management oversight that will be
implemented for the system so designated.
(2) Not later than 60 days after the date of the enactment of this
Act, the Chief Information Officer shall submit to the congressional
defense committees a report specifying each information system of the
Department of Defense previously designated as a major automated
information system that is currently designated in a designation
category other than a major automated information system including
designation as a ``special interest major technology initiative''. The
report shall include for each such system the information specified in
the third sentence of paragraph (1).
(e) Annual Implementation Report.--(1) The Secretary of Defense
shall submit to the congressional defense committees, not later than
April 1 of each of fiscal years 2001, 2002, and 2003,
[[Page 114 STAT. 1654A-212]]
a report on the implementation of the requirements of this section
during the preceding fiscal year.
(2) The report for a fiscal year under paragraph (1) shall include,
at a minimum, for each major automated information system that was
approved during such preceding fiscal year under Department of Defense
Directive 5000.1 (as revised pursuant to subsection (b)), the following:
(A) The funding baseline.
(B) The milestone schedule.
(C) The actions that have been taken to ensure compliance
with the requirements of this section and the directive.
(3) The first report shall include, in addition to the information
required by paragraph (2), an explanation of the manner in which the
responsible officials within the Department of Defense have addressed,
or intend to address, the following acquisition issues for each major
automated information system planned to be acquired after that fiscal
year:
(A) Requirements definition.
(B) Presentation of a business case analysis, including an
analysis of alternatives and a calculation of return on
investment.
(C) Performance measurement.
(D) Test and evaluation.
(E) Interoperability.
(F) Cost, schedule, and performance baselines.
(G) Information assurance.
(H) Incremental fielding and implementation.
(I) Risk mitigation.
(J) The role of integrated product teams.
(K) Issues arising from implementation of the Command,
Control, Communications, Computers, Intelligence, Surveillance,
and Reconnaissance Plan required by Department of Defense
Directive 5000.1 and Chairman of the Joint Chiefs of Staff
Instruction 3170.01.
(L) Oversight, including the Chief Information Officer's
oversight of decision reviews.
(f ) Definitions.--In this section:
(1) The term ``Chief Information Officer'' means the senior
official of the Department of Defense designated by the
Secretary of Defense pursuant to section 3506 of title 44,
United States Code.
(2) The term ``information technology system'' has the
meaning given the term ``information technology'' in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
(3) The term ``major automated information system'' has the
meaning given that term in Department of Defense Directive
5000.1.
SEC. 812. TRACKING AND MANAGEMENT OF INFORMATION TECHNOLOGY PURCHASES.
(a) In General.--(1) Chapter 131 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2225. Information technology purchases: tracking and management
``(a) Collection of Data Required.--To improve tracking and
management of information technology products and services by
[[Page 114 STAT. 1654A-213]]
the Department of Defense, the Secretary of Defense shall provide for
the collection of the data described in subsection (b) for each purchase
of such products or services made by a military department or Defense
Agency in excess of the simplified acquisition threshold, regardless of
whether such a purchase is made in the form of a contract, task order,
delivery order, military interdepartmental purchase request, or any
other form of interagency agreement.
``(b) Data To Be Collected.--The data required to be collected under
subsection (a) includes the following:
``(1) The products or services purchased.
``(2) Whether the products or services are categorized as
commercially available off-the-shelf items, other commercial
items, nondevelopmental items other than commercial items, other
noncommercial items, or services.
``(3) The total dollar amount of the purchase.
``(4) The form of contracting action used to make the
purchase.
``(5) In the case of a purchase made through an agency other
than the Department of Defense--
``(A) the agency through which the purchase is made;
and
``(B) the reasons for making the purchase through
that agency.
``(6) The type of pricing used to make the purchase (whether
fixed price or another type of pricing).
``(7) The extent of competition provided in making the
purchase.
``(8) A statement regarding whether the purchase was made
from--
``(A) a small business concern;
``(B) a small business concern owned and controlled
by socially and economically disadvantaged individuals;
or
``(C) a small business concern owned and controlled
by women.
``(9) A statement regarding whether the purchase was made in
compliance with the planning requirements under sections 5122
and 5123 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1422,
1423).
``(c) Responsibility To Ensure Fairness of Certain Prices.--The head
of each contracting activity in the Department of Defense shall have
responsibility for ensuring the fairness and reasonableness of unit
prices paid by the contracting activity for information technology
products and services that are frequently purchased commercially
available off-the-shelf items.
``(d) Limitation on Certain Purchases.--No purchase of information
technology products or services in excess of the simplified acquisition
threshold shall be made for the Department of Defense from a Federal
agency outside the Department of Defense unless--
``(1) the purchase data is collected in accordance with
subsection (a); or
``(2)(A) in the case of a purchase by a Defense Agency, the
purchase is approved by the Under Secretary of Defense for
Acquisition, Technology, and Logistics; or
[[Page 114 STAT. 1654A-214]]
``(B) in the case of a purchase by a military department,
the purchase is approved by the senior procurement executive of
the military department.
``(e) Annual Report.--Not later than March 15 of each year, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report containing a
summary of the data collected in accordance with subsection (a).
``(f ) Definitions.--In this section:
``(1) The term `senior procurement executive', with respect
to a military department, means the official designated as the
senior procurement executive for the military department for the
purposes of section 16(3) of the Office of Federal Procurement
Policy Act (41 U.S.C. 414(3)).
``(2) The term `simplified acquisition threshold' has the
meaning given the term in section 4(11) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(11)).
``(3) The term `small business concern' means a business
concern that meets the applicable size standards prescribed
pursuant to section 3(a) of the Small Business Act (15 U.S.C.
632(a)).
``(4) The term `small business concern owned and controlled
by socially and economically disadvantaged individuals' has the
meaning given that term in section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)).
``(5) The term `small business concern owned and controlled
by women' has the meaning given that term in section 8(d)(3)(D)
of the Small Business Act (15 U.S.C. 637(d)(3)(D)).''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``2225. Information technology purchases: tracking and management.''.
(b) Time for Implementation; Applicability.--(1) The Secretary of
Defense shall collect data as required under section 2225 of title 10,
United States Code (as added by subsection (a)) for all contractual
actions covered by such section entered into on or after the date that
is one year after the date of the enactment of this Act.
(2) Subsection (d) of such section shall apply with respect to
purchases described in that subsection for which solicitations of offers
are issued on or after the date that is one year after the date of the
enactment of this Act.
(c) GAO Report.--Not later than 15 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report on the collection of data
under such section 2225. The report shall include the Comptroller
General's assessment of the extent to which the collection of data meets
the requirements of that section.
SEC. 813. APPROPRIATE USE OF REQUIREMENTS REGARDING EXPERIENCE AND
EDUCATION OF CONTRACTOR PERSONNEL IN THE PROCUREMENT OF
INFORMATION TECHNOLOGY SERVICES.
(a) Amendment of the Federal Acquisition Regulation.--Not later than
180 days after the date of the enactment of this Act, the Federal
Acquisition Regulation issued in accordance with sections 6 and 25 of
the Office of Federal Procurement Policy
[[Page 114 STAT. 1654A-215]]
Act (41 U.S.C. 405 and 421) shall be amended to address the use, in the
procurement of information technology services, of requirements
regarding the experience and education of contractor personnel.
(b) Content of Amendment.--The amendment issued pursuant to
subsection (a) shall, at a minimum, provide that solicitations for the
procurement of information technology services shall not set forth any
minimum experience or educational requirement for proposed contractor
personnel in order for a bidder to be eligible for award of a contract
unless--
(1) the contracting officer first determines that the needs
of the executive agency cannot be met without any such
requirement; or
(2) the needs of the executive agency require the use of a
type of contract other than a performance-based contract.
(c) GAO Report.--Not later than one year after the date on which the
regulations required by subsection (a) are published in the Federal
Register, the Comptroller General shall submit to Congress an evaluation
of--
(1) executive agency compliance with the regulations; and
(2) conformance of the regulations with existing law,
together with any recommendations that the Comptroller General
considers appropriate.
(d) Definitions.--In this section:
(1) The term ``executive agency'' has the meaning given that
term in section 4(1) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(1)).
(2) The term ``information technology'' has the meaning
given that term in section 5002(3) of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401(3)).
(3) The term ``performance-based'', with respect to a
contract, means that the contract includes the use of
performance work statements that set forth contract requirements
in clear, specific, and objective terms with measurable
outcomes.
SEC. 814. NAVY-MARINE CORPS INTRANET.
(a) Limitation.--None of the funds authorized to be appropriated for
the Department of the Navy may be obligated or expended to carry out a
Navy-Marine Corps Intranet contract before--
(1) the Comptroller of the Department of Defense and the
Director of the Office of Management and Budget--
(A) have reviewed--
(i) the Report to Congress on the Navy-Marine
Corps Intranet submitted by the Department of the
Navy on June 30, 2000; and
(ii) the Business Case Analysis Supplement for
the Report to Congress on the Navy-Marine Corps
Intranet submitted by the Department of the Navy
on July 15, 2000; and
(B) have provided their written comments to the
Secretary of the Navy and the Chief of Naval Operations;
and
(2) the Secretary of the Navy and the Chief of Naval
Operations have submitted to Congress a joint certification that
they have reviewed the business case for the contract
[[Page 114 STAT. 1654A-216]]
and the comments provided by the Comptroller of the Department
of Defense and the Director of the Office of Management and
Budget and that they have determined that the implementation of
the contract is in the best interest of the Department of the
Navy.
(b) Phased Implementation.--(1) Upon the submission of the
certification under subsection (a)(2), the Secretary of the Navy may
commence a phased implementation of a Navy-Marine Corps Intranet
contract.
(2) Not more than 15 percent of the total number of work stations to
be provided under the Navy-Marine Corps Intranet program may be provided
in the first increment of implementation of the Navy-Marine Corps
Intranet contract.
(3) No work stations in excess of the number permitted by paragraph
(2) may be provided under the program until--
(A) the Secretary of the Navy has conducted operational
testing and cost review of the increment covered by that
paragraph;
(B) the Chief Information Officer of the Department of
Defense has certified to the Secretary of the Navy that the
results of the operational testing of the Intranet are
acceptable;
(C) the Comptroller of the Department of Defense has
certified to the Secretary of the Navy that the cost review
provides a reliable basis for forecasting the cost impact of
continued implementation; and
(D) the Secretary of the Navy and the Chief of Naval
Operations have submitted to Congress a joint certification that
they have reviewed the certifications submitted under
subparagraphs (B) and (C) and have determined that the continued
implementation of the contract is in the best interest of the
Department of the Navy.
(4) No increment of the Navy-Marine Corps Intranet that is
implemented during fiscal year 2001 may include any activities of the
Marine Corps, the naval shipyards, or the naval aviation depots. Funds
available for fiscal year 2001 for activities of the Marine Corps, the
naval shipyards, or the naval aviation depots may not be expended for
any contract for the Navy-Marine Corps Intranet.
(c) Prohibition on Increase of Rates Charged.--The Secretary of the
Navy shall ensure that rates charged by a working capital funded
industrial facility of the Department of the Navy for goods or services
provided by such facility are not increased during fiscal year 2001 for
the purpose of funding the Navy-Marine Corps Intranet contract.
(d) Applicability of Statutory and Regulatory Requirements.--The
acquisition of a Navy-Marine Corps Intranet shall be managed by the
Department of the Navy in accordance with the requirements of--
(1) the Clinger-Cohen Act of 1996 (divisions D and E of
Public Law 104-106), including the requirement for utilizing
modular contracting in accordance with section 38 of the Office
of Federal Procurement Policy Act (41 U.S.C. 434); and
(2) Department of Defense Directives 5000.1 and 5000.2-R and
all other directives, regulations, and management controls that
are applicable to major investments in information technology
and related services.
[[Page 114 STAT. 1654A-217]]
(e) Impact on Federal Employees.--The Secretary shall mitigate any
adverse impact of the implementation of the Navy-Marine Corps Intranet
on civilian employees of the Department of the Navy who, as of the date
of the enactment of this Act, are performing functions that are included
in the scope of the Navy-Marine Corps Intranet program by--
(1) developing a comprehensive plan for the transition of
such employees to the performance of other functions within the
Department of the Navy;
(2) taking full advantage of transition authorities
available for the benefit of employees;
(3) encouraging the retraining of employees who express a
desire to qualify for reassignment to the performance of other
functions within the Department of the Navy; and
(4) including a provision in the Navy-Marine Corps Intranet
contract that requires the contractor to provide a preference
for hiring employees of the Department of the Navy who, as of
the date of the enactment of this Act, are performing functions
that are included in the scope of the contract.
(f ) Navy-Marine Corps Intranet Contract Defined.--In this section,
the term ``Navy-Marine Corps Intranet contract'' means a contract
providing for a long-term arrangement of the Department of the Navy with
the commercial sector that imposes on the contractor a responsibility
for, and transfers to the contractor the risk of, providing and managing
the significant majority of desktop, server, infrastructure, and
communication assets and services of the Department of the Navy.
SEC. 815. SENSE OF CONGRESS REGARDING INFORMATION TECHNOLOGY SYSTEMS FOR
GUARD AND RESERVE COMPONENTS.
It is the sense of Congress--
(1) that the Secretary of Defense should take appropriate
steps to provide for upgrading information technology systems of
the reserve components to ensure that those systems are capable,
as required for mission purposes, of communicating with other
relevant information technology systems of the military
department concerned and of the Department of Defense in
general; and
(2) that the Secretary of each military department should
ensure that communications systems for the reserve components
under the Secretary's jurisdiction receive appropriate funding
for information technology systems in order to achieve the
capability referred to in paragraph (1).
Subtitle C--Other Acquisition-Related Matters
SEC. 821. IMPROVEMENTS IN PROCUREMENTS OF SERVICES.
(a) Preference for Performance-Based Service Contracting.--Not later
than 180 days after the date of the enactment of this Act, the Federal
Acquisition Regulation issued in accordance with sections 6 and 25 of
the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421)
shall be revised to establish a preference for use of contracts and task
orders for the purchase of services in the following order of
precedence:
[[Page 114 STAT. 1654A-218]]
(1) A performance-based contract or performance-based task
order that contains firm fixed prices for the specific tasks to
be performed.
(2) Any other performance-based contract or performance-
based task order.
(3) Any contract or task order that is not a performance-
based contract or a performance-based task order.
(b) Incentive for Use of Performance-Based Service Contracts.--(1) A
Department of Defense performance-based service contract or performance-
based task order may be treated as a contract for the procurement of
commercial items if--
(A) the contract or task order is valued at $5,000,000 or
less;
(B) the contract or task order sets forth specifically each
task to be performed and, for each task--
(i) defines the task in measurable, mission-related
terms;
(ii) identifies the specific end products or output
to be achieved; and
(iii) contains a firm fixed price; and
(C) the source of the services provides similar services
contemporaneously to the general public under terms and
conditions similar to those offered to the Federal Government.
(2) The special simplified procedures provided in the Federal
Acquisition Regulation pursuant to section 2304(g)(1)(B) of title 10,
United States Code, shall not apply to a performance-based service
contract or performance-based task order that is treated as a contract
for the procurement of commercial items under paragraph (1).
(3) Not later than 2 years after the date of the enactment of this
Act, the Comptroller General shall submit a report on the implementation
of this subsection to the congressional defense committees.
(4) The authority under this subsection shall not apply to contracts
entered into or task orders issued more than 3 years after the date of
the enactment of this Act.
(c) Centers of Excellence in Service Contracting.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
each military department shall establish at least one center of
excellence in contracting for services. Each center of excellence shall
assist the acquisition community by identifying, and serving as a
clearinghouse for, best practices in contracting for services in the
public and private sectors.
(d) Enhanced Training in Service Contracting.--(1) The Secretary of
Defense shall ensure that classes focusing specifically on contracting
for services are offered by the Defense Acquisition University and the
Defense Systems Management College and are otherwise available to
contracting personnel throughout the Department of Defense.
(2) The Secretary of each military department and the head of each
Defense Agency shall ensure that the personnel of the department or
agency, as the case may be, who are responsible for the awarding and
management of contracts for services receive appropriate training that
is focused specifically on contracting for services.
(e) Definitions.--In this section:
[[Page 114 STAT. 1654A-219]]
(1) The term ``performance-based'', with respect to a
contract, a task order, or contracting, means that the contract,
task order, or contracting, respectively, includes the use of
performance work statements that set forth contract requirements
in clear, specific, and objective terms with measurable
outcomes.
(2) The term ``commercial item'' has the meaning given the
term in section 4(12) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)).
(3) The term ``Defense Agency'' has the meaning given the
term in section 101(a)(11) of title 10, United States Code.
SEC. 822. FINANCIAL ANALYSIS OF USE OF DUAL RATES FOR QUANTIFYING
OVERHEAD COSTS AT ARMY AMMUNITION PLANTS.
(a) Requirement for Analysis.--The Secretary of the Army shall carry
out a financial analysis of the costs that would be incurred and the
benefits that would be derived from the implementation of a policy of
using--
(1) one set of rates for quantifying the overhead costs
associated with Government-owned ammunition plants of the
Department of the Army when allocating those costs to
contractors operating the plants; and
(2) another set of rates for quantifying the overhead costs
to be allocated to the operation of such plants by employees of
the United States.
(b) Report.--Not later than February 15, 2001, the Secretary shall
submit to the congressional defense committees a report on the results
of the analysis carried out under subsection (a). The report shall
include the following:
(1) The costs and benefits identified in the analysis under
subsection (a).
(2) The risks to the United States of implementing a dual-
rate policy described in subsection (a).
(3) The effects that a use of dual rates under such a policy
would have on the defense industrial base of the United States.
SEC. 823. REPEAL OF PROHIBITION ON USE OF DEPARTMENT OF DEFENSE FUNDS
FOR PROCUREMENT OF NUCLEAR-CAPABLE SHIPYARD CRANE FROM A
FOREIGN SOURCE.
Section 8093 of the Department of Defense Appropriations Act, 2000
(Public Law 106-79; 113 Stat. 1253), is amended by striking subsection
(d), relating to a prohibition on the use of Department of Defense funds
to procure a nuclear-capable shipyard crane from a foreign source.
SEC. 824. EXTENSION OF WAIVER PERIOD FOR LIVE-FIRE SURVIVABILITY TESTING
FOR MH-47E AND MH-60K HELICOPTER MODIFICATION PROGRAMS.
(a) Existing Waiver Period Not Applicable.--Section 2366(c)(1) of
title 10, United States Code, shall not apply with respect to
survivability and lethality tests for the MH-47E and MH-60K helicopter
modification programs. Except as provided in the previous sentence, the
provisions and requirements in section 2366(c) of such title shall apply
with respect to such programs, and the certification required by
subsection (b) shall comply with the requirements in paragraph (3) of
such section.
[[Page 114 STAT. 1654A-220]]
(b) Extended Period for Waiver.--With respect to the MH-47E and MH-
60K helicopter modification programs, the Secretary of Defense may waive
the application of the survivability and lethality tests described in
section 2366(a) of title 10, United States Code, if the Secretary,
before full materiel release of the MH-47E and MH-60K helicopters for
operational use, certifies to Congress that live-fire testing of the
programs would be unreasonably expensive and impracticable.
(c) Conforming Amendment.--Section 142(a) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2338) is amended by striking ``and survivability testing'' in paragraphs
(1) and (2).
SEC. 825. COMPLIANCE WITH EXISTING LAW REGARDING PURCHASES OF EQUIPMENT
AND PRODUCTS.
(a) Sense of Congress Regarding Purchase by the Department of
Defense of Equipment and Products.--It is the sense of Congress that any
entity of the Department of Defense, in expending funds authorized by
this Act for the purchase of equipment or products, should fully comply
with the Buy American Act (41 U.S.C. 10a et seq.) and section 2533 of
title 10, United States Code.
(b) Debarment of Persons Convicted of Fraudulent Use of ``Made in
America'' Labels.--If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing a ``Made in
America'' inscription, or another inscription with the same meaning, to
any product sold in or shipped to the United States that is not made in
the United States, the Secretary shall determine, in accordance with
section 2410f of title 10, United States Code, whether the person should
be debarred from contracting with the Department of Defense.
SEC. 826. REQUIREMENT TO DISREGARD CERTAIN AGREEMENTS IN AWARDING
CONTRACTS FOR THE PURCHASE OF FIREARMS OR AMMUNITION.
In accordance with the requirements contained in the amendments
enacted in the Competition in Contracting Act of 1984 (title VII of
division B of Public Law 98-369; 98 Stat. 1175), the Secretary of
Defense may not, in awarding a contract for the purchase of firearms or
ammunition, take into account whether a manufacturer or vendor of
firearms or ammunition is a party to an agreement under which the
manufacturer or vendor agrees to adopt limitations with respect to
importing, manufacturing, or dealing in firearms or ammunition in the
commercial market.
Subtitle D--Studies and Reports
SEC. 831. STUDY ON IMPACT OF FOREIGN SOURCING OF SYSTEMS ON LONG-TERM
MILITARY READINESS AND RELATED INDUSTRIAL INFRASTRUCTURE.
(a) Study Required.--The Secretary of Defense shall conduct a study
analyzing in detail--
(1) the amount and sources of parts, components, and
materials of the systems described in subsection (b) that are
obtained from foreign sources;
(2) the impact of obtaining such parts, components, and
materials from foreign sources on the long-term readiness of
[[Page 114 STAT. 1654A-221]]
the Armed Forces and on the economic viability of the national
technology and industrial base;
(3) the impact on military readiness that would result from
the loss of the ability to obtain parts, components, and
materials identified pursuant to paragraph (1) from foreign
sources; and
(4) the availability of domestic sources for parts,
components, and materials identified as being obtained from
foreign sources pursuant to paragraph (1).
(b) Systems.--The systems referred to in subsection (a) are the
following:
(1) AH-64D Apache helicopter.
(2) F/A-18 E/F aircraft.
(3) M1A2 Abrams tank.
(4) AIM-120 AMRAAM missile.
(5) Patriot missile ground station.
(6) Hellfire missile.
(c) Source of Information.--The Secretary shall collect information
to be analyzed under the study from prime contractors and first and
second tier subcontractors.
(d) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
describing the results of the study required by this section.
(e) Definitions.--In this section:
(1) The term ``domestic source'' means a person or
organization that falls within the term ``national technology
and industrial base'', as defined in section 2500(1) of title
10, United States Code.
(2) The term ``foreign source'' means a person or
organization that does not fall within the meaning of the term
``national technology and industrial base'', as defined in such
section.
(3) The term ``national technology and industrial base'' has
the meaning given that term in such section.
SEC. 832. STUDY OF POLICIES AND PROCEDURES FOR TRANSFER OF COMMERCIAL
ACTIVITIES.
(a) GAO-Convened Panel.--The Comptroller General shall convene a
panel of experts to study the policies and procedures governing the
transfer of commercial activities for the Federal Government from
Government personnel to a Federal contractor, including--
(1) procedures for determining whether functions should
continue to be performed by Government personnel;
(2) procedures for comparing the costs of performance of
functions by Government personnel and the costs of performance
of such functions by Federal contractors;
(3) implementation by the Department of Defense of the
Federal Activities Inventory Reform Act of 1998 (Public Law 105-
270; 31 U.S.C. 501 note); and
(4) procedures of the Department of Defense for public-
private competitions pursuant to the Office of Management and
Budget Circular A-76.
(b) Composition of Panel.--(1) The Comptroller General shall appoint
highly qualified and knowledgeable persons to serve on the panel and
shall ensure that the following entities receive fair representation on
the panel:
(A) The Department of Defense.
[[Page 114 STAT. 1654A-222]]
(B) Persons in private industry.
(C) Federal labor organizations.
(D) The Office of Management and Budget.
(2) For the purposes of the requirement for fair representation
under paragraph (1), persons serving on the panel under subparagraph (C)
of that paragraph shall not be counted as persons serving on the panel
under subparagraph (A), (B), or (D) of that paragraph.
(c) Chairman.--The Comptroller General, or an individual within the
General Accounting Office designated by the Comptroller General, shall
be the chairman of the panel.
(d) Participation by Other Interested Parties.--The chairman shall
ensure that all interested parties, including individuals who are not
represented on the panel who are officers or employees of the United
States, persons in private industry, or representatives of Federal labor
organizations, have the opportunity to submit information and views on
the matters being studied by the panel.
(e) Information From Agencies.--The panel may request directly from
any department or agency of the United States any information that the
panel considers necessary to carry out a meaningful study of the
policies and procedures described in subsection (a), including the
Office of Management and Budget Circular A-76 process. To the extent
consistent with applicable laws and regulations, the head of such
department or agency shall furnish the requested information to the
panel.
(f ) Report.--Not later than May 1, 2002, the Comptroller General
shall submit the report of the panel on the results of the study to
Congress, including recommended changes with respect to implementation
of policies and enactment of legislation.
(g) Definition.--In this section, the term ``Federal labor
organization'' has the meaning given the term ``labor organization'' in
section 7103(a)(4) of title 5, United States Code.
SEC. 833. STUDY AND REPORT ON PRACTICE OF CONTRACT BUNDLING IN MILITARY
CONSTRUCTION CONTRACTS.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study regarding the use of the practice known as
``contract bundling'' with respect to military construction contracts.
(b) Report.--Not later than February 1, 2001, the Comptroller
General shall submit to the committees on Armed Services of the Senate
and the House of Representatives a report on the results of the study
conducted under subsection (a).
SEC. 834. REQUIREMENT TO CONDUCT STUDY ON CONTRACT BUNDLING.
(a) In General.--The Secretary of Defense shall conduct a
comprehensive study on the practice known as ``contract bundling'' by
the Department of Defense, and the effects of such practice on small
business concerns, small business concerns owned and controlled by
socially and economically disadvantaged individuals, small business
concerns owned and controlled by women, and historically underutilized
business zones (as such terms are used in the Small Business Act (15
U.S.C. 631 et seq.)).
(b) Deadline.--The Secretary shall submit the results of the study
to the Committees on Armed Services and Small Business of the Senate and
the House of Representatives before submission of the budget request of
the Department of Defense for fiscal year 2002.
[[Page 114 STAT. 1654A-223]]
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.
Subtitle A--Duties and Functions of Department of Defense Officers
SEC. 901. OVERALL SUPERVISION OF DEPARTMENT OF DEFENSE ACTIVITIES FOR
COMBATING TERRORISM.
Section 138(b) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(6)(A) One of the Assistant Secretaries, as designated by the
Secretary of Defense from among those Assistant Secretaries with
responsibilities that include responsibilities related to combating
terrorism, shall have, among that Assistant Secretary's duties, the duty
to provide overall direction and supervision for policy, program
[[Page 114 STAT. 1654A-224]]
planning and execution, and allocation and use of resources for the
activities of the Department of Defense for combating terrorism,
including antiterrorism activities, counterterrorism activities,
terrorism consequences management activities, and terrorism-related
intelligence support activities.
``(B) The Assistant Secretary designated under subparagraph (A)
shall be the principal civilian adviser to the Secretary of Defense on
combating terrorism and (after the Secretary and Deputy Secretary) shall
be the principal official within the senior management of the Department
of Defense responsible for combating terrorism.
``(C) If the Secretary of Defense designates under subparagraph (A)
an Assistant Secretary other than the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict, then the responsibilities
of the Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict related to combating terrorism shall be exercised
subject to subparagraph (B).''.
SEC. 902. CHANGE OF TITLE OF CERTAIN POSITIONS IN THE HEADQUARTERS,
MARINE CORPS.
(a) Institution of Positions as Deputy Commandants.--Section 5041(b)
of title 10, United States Code, is amended--
(1) by striking paragraphs (3) through (5) and inserting the
following:
``(3) The Deputy Commandants.''; and
(2) by redesignating paragraphs (6) and (7) as paragraphs
(4) and (5), respectively.
(b) Designation of Deputy Commandants.--(1) Section 5045 of such
title is amended to read as follows:
``Sec. 5045. Deputy Commandants
``There are in the Headquarters, Marine Corps, not more than five
Deputy Commandants, detailed by the Secretary of the Navy from officers
on the active-duty list of the Marine Corps.''.
(2) The item relating to section 5045 in the table of sections at
the beginning of chapter 506 of such title is amended to read as
follows:
``5045. Deputy Commandants.''.
(c) Conforming Amendment.--Section 1502(7)(D) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 401) is amended to read as
follows:
``(D) the Deputy Commandant of the Marine Corps with
responsibility for personnel matters.''.
SEC. 903. CLARIFICATION OF SCOPE OF INSPECTOR GENERAL AUTHORITIES UNDER
MILITARY WHISTLEBLOWER LAW.
(a) Clarification of Responsibilities.--Subsection (c)(3)(A) of
section 1034 of title 10, United States Code, is amended by inserting
``, in accordance with regulations prescribed under subsection (h),''
after ``shall expeditiously determine''.
(b) Redefinition of Inspector General.--Subsection (i)(2) of such
section is amended--
(1) by inserting ``any of'' in the matter preceding
subparagraph (A) after ``means'';
(2) by striking subparagraphs (C), (D), (E), (F) and (G);
and
(3) by inserting after subparagraph (B) the following new
subparagraph (C):
[[Page 114 STAT. 1654A-225]]
``(C) Any officer of the armed forces or employee of
the Department of Defense who is assigned or detailed to
serve as an Inspector General at any level in the
Department of Defense.''.
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.
(a) In General.--(1) Chapter 139 of title 10, United States Code, is
amended by inserting after section 2358 the following new section:
``Sec. 2359. Science and technology programs to be conducted so as to
foster the transition of science and technology
to higher levels of research, development, test,
and evaluation
``(a) Policy.--Each official specified in subsection (b) shall
ensure that the management and conduct of the science and technology
programs under the authority of that official are carried out in a
manner that will foster the transition of science and technology to
higher levels of research, development, test, and evaluation.
``(b) Covered Officials.--Subsection (a) applies to the following
officials of the Department of Defense:
``(1) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
``(2) The Secretary of each military department.
``(3) The Director of the Defense Advanced Research Projects
Agency.
``(4) The directors and heads of other offices and agencies
of the Department of Defense with assigned research,
development, test, and evaluation responsibilities.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2358 the
following new item:
``2359. Science and technology programs to be conducted so as to foster
the transition of science and technology to higher levels of
research, development, test, and evaluation.''.
(b) Office of Naval Research.--Section 5022(b) of title 10, United
States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) the execution of, and management responsibility for,
programs for which funds are provided in the basic and applied
research and advanced technology categories of the Department of
the Navy research, development, test, and evaluation budget in
such a manner that will foster the transition of science and
technology to higher levels of research, development, test, and
evaluation.''.
[[Page 114 STAT. 1654A-226]]
SEC. 905. ADDITIONAL COMPONENTS OF CHAIRMAN OF THE JOINT CHIEFS OF STAFF
ANNUAL REPORT ON COMBATANT COMMAND REQUIREMENTS.
(a) Additional Components.--Section 153(d)(1) of title 10, United
States Code, is amended by adding at the end the following new
subparagraphs:
``(C) A description of the extent to which the most recent
future-years defense program (under section 221 of this title)
addresses the requirements on the consolidated lists.
``(D) A description of the funding proposed in the
President's budget for the next fiscal year, and for the
subsequent fiscal years covered by the most recent future-years
defense program, to address each deficiency in readiness
identified during the joint readiness review conducted under
section 117 of this title for the first quarter of the current
fiscal year.''.
(b) Time for Submission.--Such section is further amended by
striking ``Not later than August 15 of each year,'' and inserting ``At
or about the time that the budget is submitted to Congress for a fiscal
year under section 1105(a) of title 31,''.
Subtitle B--Department of Defense Organizations
SEC. 911. WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.
(a) In General.--Chapter 108 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2166. Western Hemisphere Institute for Security Cooperation
``(a) Establishment and Administration.--(1) The Secretary of
Defense may operate an education and training facility for the purpose
set forth in subsection (b). The facility shall be known as the `Western
Hemisphere Institute for Security Cooperation'.
``(2) The Secretary may designate the Secretary of a military
department as the Department of Defense executive agent for carrying out
the responsibilities of the Secretary of Defense under this section.
``(b) Purpose.--The purpose of the Institute is to provide
professional education and training to eligible personnel of nations of
the Western Hemisphere within the context of the democratic principles
set forth in the Charter of the Organization of American States (such
charter being a treaty to which the United States is a party), while
fostering mutual knowledge, transparency, confidence, and cooperation
among the participating nations and promoting democratic values, respect
for human rights, and knowledge and understanding of United States
customs and traditions.
``(c) Eligible Personnel.--(1) Subject to paragraph (2), personnel
of nations of the Western Hemisphere are eligible for education and
training at the Institute as follows:
``(A) Military personnel.
``(B) Law enforcement personnel.
``(C) Civilian personnel.
``(2) The Secretary of State shall be consulted in the selection of
foreign personnel for education or training at the Institute.
[[Page 114 STAT. 1654A-227]]
``(d) Curriculum.--(1) The curriculum of the Institute shall include
mandatory instruction for each student, for at least 8 hours, on human
rights, the rule of law, due process, civilian control of the military,
and the role of the military in a democratic society.
``(2) The curriculum may include instruction and other educational
and training activities on the following:
``(A) Leadership development.
``(B) Counterdrug operations.
``(C) Peace support operations.
``(D) Disaster relief.
``(E) Any other matter that the Secretary determines
appropriate.
``(e) Board of Visitors.--(1) There shall be a Board of Visitors for
the Institute. The Board shall be composed of the following:
``(A) The chairman and ranking minority member of the
Committee on Armed Services of the Senate, or a designee of
either of them.
``(B) The chairman and ranking minority member of the
Committee on Armed Services of the House of Representatives, or
a designee of either of them.
``(C) Six persons designated by the Secretary of Defense
including, to the extent practicable, persons from academia and
the religious and human rights communities.
``(D) One person designated by the Secretary of State.
``(E) The senior military officer responsible for training
and doctrine for the Army or, if the Secretary of the Navy or
the Secretary of the Air Force is designated as the executive
agent of the Secretary of Defense under subsection (a)(2), the
senior military officer responsible for training and doctrine
for the Navy or Marine Corps or for the Air Force, respectively,
or a designee of the senior military officer concerned.
``(F) The commander of the unified combatant command having
geographic responsibility for Latin America, or a designee of
that officer.
``(2) A vacancy in a position on the Board shall be filled in the
same manner as the position was originally filled.
``(3) The Board shall meet at least once each year.
``(4)(A) The Board shall inquire into the curriculum, instruction,
physical equipment, fiscal affairs, and academic methods of the
Institute, other matters relating to the Institute that the Board
decides to consider, and any other matter that the Secretary of Defense
determines appropriate.
``(B) The Board shall review the curriculum of the Institute to
determine whether--
``(i) the curriculum complies with applicable United States
laws and regulations;
``(ii) the curriculum is consistent with United States
policy goals toward Latin America and the Caribbean;
``(iii) the curriculum adheres to current United States
doctrine; and
``(iv) the instruction under the curriculum appropriately
emphasizes the matters specified in subsection (d)(1).
``(5) Not later than 60 days after its annual meeting, the Board
shall submit to the Secretary of Defense a written report of its
activities and of its views and recommendations pertaining to the
Institute.
[[Page 114 STAT. 1654A-228]]
``(6) Members of the Board shall not be compensated by reason of
service on the Board.
``(7) With the approval of the Secretary of Defense, the Board may
accept and use the services of voluntary and uncompensated advisers
appropriate to the duties of the Board without regard to section 1342 of
title 31.
``(8) Members of the Board and advisers whose services are accepted
under paragraph (7) shall be allowed travel and transportation expenses,
including per diem in lieu of subsistence, while away from their homes
or regular places of business in the performance of services for the
Board. Allowances under this paragraph shall be computed--
``(A) in the case of members of the Board who are officers
or employees of the United States, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title
5; and
``(B) in the case of other members of the Board and
advisers, as authorized under section 5703 of title 5 for
employees serving without pay.
``(9) The Federal Advisory Committee Act (5 U.S.C. App. 2), other
than section 14 (relating to termination after two years), shall apply
to the Board.
``(f ) Fixed Costs.--The fixed costs of operating and maintaining
the Institute for a fiscal year may be paid from--
``(1) any funds available for that fiscal year for operation
and maintenance for the executive agent designated under
subsection (a)(2); or
``(2) if no executive agent is designated under subsection
(a)(2), any funds available for that fiscal year for the
Department of Defense for operation and maintenance for Defense-
wide activities.
``(g) Tuition.--Tuition fees charged for persons who attend the
Institute may not include the fixed costs of operating and maintaining
the Institute.
``(h) Annual Report.--Not later than March 15 of each year, the
Secretary of Defense shall submit to Congress a detailed report on the
activities of the Institute during the preceding year. The report shall
be prepared in consultation with the Secretary of State.''.
(b) Repeal of Authority for United States Army School of the
Americas.--Section 4415 of title 10, United States Code, is repealed.
(c) Clerical Amendments.--(1) The table of sections at the beginning
of chapter 108 of title 10, United States Code, is amended by inserting
after the item relating to section 2165 the following new item:
``2166. Western Hemisphere Institute for Security Cooperation.''.
(2) The table of sections at the beginning of chapter 407 of such
title is amended by striking the item relating to section 4415.
SEC. 912. DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR SECURITY STUDIES.
(a) Requirement for Annual Report.--(1) Chapter 7 of title 10,
United States Code, is amended by adding at the end the following new
section:
[[Page 114 STAT. 1654A-229]]
``Sec. 184. Department of Defense regional centers for security studies
``(a) Advance Notification to Congress of the Establishment of New
Regional Centers.--After the date of the enactment of this section, a
regional center for security studies may not be established in the
Department of Defense until--
``(1) the Secretary of Defense submits to Congress a
notification of the intent of the Secretary to establish the
center, including a description of the mission and functions of
the proposed center and a justification for the proposed center;
and
``(2) a period of 90 days has elapsed after the date on
which that notification is submitted.
``(b) Requirement for Annual Report.--Not later than February 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 operation of the Department of
Defense regional centers for security studies during the preceding
fiscal year. The annual report shall include, for each regional center,
the following information:
``(1) The status and objectives of the center.
``(2) The budget of the center, including the costs of
operating the center.
``(3) A description of the extent of the international
participation in the programs of the center, including the costs
incurred by the United States for the participation of each
foreign nation.
``(4) A description of the foreign gifts and donations, if
any, accepted under any of the following provisions of law:
``(A) Section 2611 of this title.
``(B) Section 1306 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2892).
``(C) Section 1065 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 110 Stat. 2653; 10 U.S.C. 113 note).
``(c) Regional Center for Security Studies Defined.--For the
purposes of this section, a regional center for security studies is any
center within the Department of Defense that--
``(1) is operated, and designated as such, by the Secretary
of Defense for the study of security issues relating to a
specified geographic region of the world; and
``(2) serves as a forum for bilateral and multilateral
communication and military and civilian exchanges with nations
in that region.''.
(2) The table of sections at the beginning of chapter 7 of such
title is amended by adding at the end the following new item:
``184. Department of Defense regional centers for security studies.''.
(b) First Annual Report.--In the first annual report on Department
of Defense regional centers for security studies under section 184(b) of
title 10, United States Code (as added by subsection (a)), to be
submitted not later than February 1, 2001, the Secretary of Defense
shall include any recommendation for legislation that the Secretary
considers appropriate for the operation of Department
[[Page 114 STAT. 1654A-230]]
of Defense regional centers for security studies, together with a
detailed justification for the recommended legislation.
SEC. 913. CHANGE IN NAME OF ARMED FORCES STAFF COLLEGE TO JOINT FORCES
STAFF COLLEGE.
(a) Change in Name.--The Armed Forces Staff College of the
Department of Defense is hereby renamed the ``Joint Forces Staff
College''.
(b) Conforming Amendment.--Section 2165(b)(3) of title 10, United
States Code, is amended by striking ``Armed Forces Staff College'' and
inserting ``Joint Forces Staff College''.
(c) References.--Any reference to the Armed Forces Staff College in
any law, regulation, map, document, record, or other paper of the United
States shall be considered to be a reference to the Joint Forces Staff
College.
SEC. 914. SPECIAL AUTHORITY FOR ADMINISTRATION OF NAVY FISHER HOUSES.
(a) Base Operating Support.--Section 2493 of title 10, United States
Code, is amended--
(1) by redesignating subsection (f ) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f ):
``(f ) Special Authority for Navy.--The Secretary of the Navy shall
provide base operating support for Fisher Houses associated with health
care facilities of the Navy. The level of the support shall be
equivalent to the base operating support that the Secretary provides for
morale, welfare, and recreation category B community activities (as
defined in regulations, prescribed by the Secretary, that govern morale,
welfare, and recreation activities associated with Navy
installations).''.
(b) Savings Provisions for Certain Navy Employees.--(1) The
Secretary of the Navy may continue to employ, and pay out of
appropriated funds, any employee of the Navy in the competitive service
who, as of October 17, 1998, was employed by the Navy in a position at a
Fisher House administered by the Navy, but only for so long as the
employee is continuously employed in that position.
(2) After a person vacates a position in which the person was
continued to be employed under the authority of paragraph (1), a person
employed in that position shall be employed as an employee of a
nonappropriated fund instrumentality of the United States and may not be
paid for services in that position out of appropriated funds.
(3) In this subsection:
(A) The term ``Fisher House'' has the meaning given the term
in section 2493(a)(1) of title 10, United States Code.
(B) The term ``competitive service'' has the meaning given
the term in section 2102 of title 5, United States Code.
(c) Effective Date.--(1) The amendments made by subsection (a) shall
be effective as of October 17, 1998, as if included in section 2493 of
title 10, United States Code, as enacted by section 906(a) of Public Law
105-261.
(2) Subsection (b) applies with respect to the pay period that
includes October 17, 1998, and subsequent pay periods.
[[Page 114 STAT. 1654A-231]]
SEC. 915. SUPERVISORY CONTROL OF ARMED FORCES RETIREMENT HOME BOARD BY
SECRETARY OF DEFENSE.
The Armed Forces Retirement Home Act of 1991 (title XV of Public Law
101-510; 24 U.S.C. 401 et seq.) is amended by inserting after section
1523 the following new section:
``SEC. 1524. CONDITIONAL SUPERVISORY CONTROL OF RETIREMENT HOME BOARD BY
SECRETARY OF DEFENSE.
``(a) Applicability.--This section shall apply only when the
deduction authorized by section 1007(i)(1) of title 37, United States
Code, to be made from the monthly pay of certain members of the armed
forces is equal to $1.00 for each enlisted member, warrant officer, and
limited duty officer of the armed forces on active duty.
``(b) Board Authority Subject to Secretary's Control.--The
Retirement Home Board shall be subject to the authority, direction, and
control of the Secretary of Defense in the performance of the Board's
duties under section 1516.
``(c) Appointment of Board Members.--When an appointment of a member
of the Retirement Home Board under section 1515 is not made by the
Secretary of Defense, the appointment shall be subject to the approval
of the Secretary of Defense.
``(d) Terms of Board Members.--(1) Notwithstanding section
1515(e)(3), only the Secretary of Defense may appoint a member of the
Retirement Home Board for a second consecutive term.
``(2) The Secretary of Defense may terminate the appointment of a
member of the Retirement Home Board at the pleasure of the Secretary.
``(e) Responsibility of Chairman to the Secretary.--Notwithstanding
section 1515(d)(1)(B), the chairman of the Retirement Home Board shall
be responsible to the Secretary of Defense, but not to the Secretaries
of the military departments, for direction and management of the
Retirement Home or each facility maintained as a separate facility of
the Retirement Home.''.
SEC. 916. SEMIANNUAL REPORT ON JOINT REQUIREMENTS OVERSIGHT COUNCIL
REFORM INITIATIVE.
(a) Semiannual Report.--The Chairman of the Joints Chiefs of Staff
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a series of
five semiannual reports, as prescribed by subsection (b), on the
activities of the Joint Requirements Oversight Council. The principal
focus of each such report shall be on the progress made on the
initiative of the Chairman to reform and refocus the Joint Requirements
Oversight Council.
(b) Submission of Reports.--Reports under this section shall be
submitted not later than March 1, 2001, September 1, 2001, March 1,
2002, September 1, 2002, and March 1, 2003. Each report shall cover the
half of a fiscal year that ends five months before the date on which the
report is due.
(c) Content.--In the case of any report under this section after the
first such report, if any matter to be included is unchanged from the
preceding report, that matter may be included by reference to the
preceding report. Each such report shall include, to the extent
practicable, the following:
(1) A listing of each of the capability areas designated by
the Chairman of the Joints Chiefs of Staff as being within
[[Page 114 STAT. 1654A-232]]
the principal domain of the Joint Requirements Oversight Council
and a justification for each such designation.
(2) A listing of the joint requirements developed,
considered, or approved within each of the capability areas
listed pursuant to paragraph (1).
(3) A listing and explanation of the decisions made by the
Joint Requirements Oversight Council and, to the extent
appropriate, a listing of each of the recommendations to the
Council made by the commander of the United States Joint Forces
Command.
(4) An assessment of--
(A) the progress made in shifting the Joint
Requirements Oversight Council to having a more
strategic focus on future war fighting requirements;
(B) the progress made on integration of
requirements; and
(C) the progress made on development of overarching
common architectures for defense information systems to
ensure that common defense information systems are fully
interoperable.
(5) A description of any actions that have been taken to
improve the Joint Requirements Oversight Council.
SEC. 917. COMPTROLLER GENERAL REVIEW OF OPERATIONS OF DEFENSE LOGISTICS
AGENCY.
(a) Comptroller General Review Required.--The Comptroller General
shall review the operations of the Defense Logistics Agency--
(1) to assess--
(A) the efficiency of those operations;
(B) the effectiveness of those operations in meeting
customer requirements; and
(C) the flexibility of those operations to adopt
best business practices; and
(2) to identify alternative approaches for improving the
operations of that agency.
(b) Report.--Not later than February 1, 2002, the Comptroller
General shall submit to the Committees on Armed Services of the Senate
and the House of Representatives one or more reports setting forth the
Comptroller General's findings resulting from the review under
subsection (a).
SEC. 918. COMPTROLLER GENERAL REVIEW OF OPERATIONS OF DEFENSE
INFORMATION SYSTEMS AGENCY.
(a) Comptroller General Review Required.--The Comptroller General
shall review the operations of the Defense Information Systems Agency--
(1) to assess--
(A) the efficiency of those operations;
(B) the effectiveness of those operations in meeting
customer requirements; and
(C) the flexibility of those operations to adopt
best business practices; and
(2) to identify alternative approaches for improving the
operations of that agency.
(b) Report.--Not later than February 1, 2002, the Comptroller
General shall submit to the Committees on Armed Services of the Senate
and the House of Representatives one or more reports
[[Page 114 STAT. 1654A-233]]
setting forth the Comptroller General's findings resulting from the
review under subsection (a).
Subtitle C--Information Security
SEC. 921. INSTITUTE FOR DEFENSE COMPUTER SECURITY AND INFORMATION
PROTECTION.
(a) Establishment.--The Secretary of Defense shall establish an
Institute for Defense Computer Security and Information Protection.
(b) Mission.--The Secretary shall require the institute--
(1) to conduct research and technology development that is
relevant to foreseeable computer and network security
requirements and information assurance requirements of the
Department of Defense with a principal focus on areas not being
carried out by other organizations in the private or public
sector; and
(2) to facilitate the exchange of information regarding
cyberthreats, technology, tools, and other relevant issues.
(c) Contractor Operation.--The Secretary shall enter into a contract
with a not-for-profit entity, or a consortium of not-for-profit
entities, to organize and operate the institute. The Secretary shall use
competitive procedures for the selection of the contractor to the extent
determined necessary by the Secretary.
(d) Funding.--Of the amount authorized to be appropriated by section
301(5), $5,000,000 shall be available for the Institute for Defense
Computer Security and Information Protection.
(e) Report.--Not later than April 1, 2001, the Secretary shall
submit to the congressional defense committees the Secretary's plan for
implementing this section.
SEC. 922. INFORMATION SECURITY SCHOLARSHIP PROGRAM.
(a) Establishment of Program.--(1) Part III of subtitle A of title
10, United States Code, is amended by adding at the end the following
new chapter:
``CHAPTER 112--INFORMATION SECURITY SCHOLARSHIP PROGRAM
``Sec.
``2200. Programs; purpose.
``2200a. Scholarship program.
``2200b. Grant program.
``2200c. Centers of Academic Excellence in Information Assurance
Education.
``2200d. Regulations.
``2200e. Definitions.
``2200f. Inapplicability to Coast Guard.
``Sec. 2200. Programs; purpose
``(a) In General.--To encourage the recruitment and retention of
Department of Defense personnel who have the computer and network
security skills necessary to meet Department of Defense information
assurance requirements, the Secretary of Defense may carry out programs
in accordance with this chapter to provide financial support for
education in disciplines relevant to those requirements at institutions
of higher education.
``(b) Types of Programs.--The programs authorized under this chapter
are as follows:
[[Page 114 STAT. 1654A-234]]
``(1) Scholarships for pursuit of programs of education in
information assurance at institutions of higher education.
``(2) Grants to institutions of higher education.
``Sec. 2200a. Scholarship program
``(a) Authority.--The Secretary of Defense may, subject to
subsection (g), provide financial assistance in accordance with this
section to a person--
``(1) who is pursuing an associate, baccalaureate, or
advanced degree, or a certification, in an information assurance
discipline referred to in section 2200(a) of this title at an
institution of higher education; and
``(2) who enters into an agreement with the Secretary as
described in subsection (b).
``(b) Service Agreement for Scholarship Recipients.--(1) To receive
financial assistance under this section--
``(A) a member of the armed forces shall enter into an
agreement to serve on active duty in the member's armed force
for the period of obligated service determined under paragraph
(2);
``(B) an employee of the Department of Defense shall enter
into an agreement to continue in the employment of the
department for the period of obligated service determined under
paragraph (2); and
``(C) a person not referred to in subparagraph (A) or (B)
shall enter into an agreement--
``(i) to enlist or accept a commission in one of the
armed forces and to serve on active duty in that armed
force for the period of obligated service determined
under paragraph (2); or
``(ii) to accept and continue employment in the
Department of Defense for the period of obligated
service determined under paragraph (2).
``(2) For the purposes of this subsection, the period of obligated
service for a recipient of financial assistance under this section shall
be the period determined by the Secretary of Defense as being
appropriate to obtain adequate service in exchange for the financial
assistance and otherwise to achieve the goals set forth in section
2200(a) of this title. In no event may the period of service required of
a recipient be less than the period equal to three-fourths of the total
period of pursuit of a degree for which the Secretary agrees to provide
the recipient with financial assistance under this section. The period
of obligated service is in addition to any other period for which the
recipient is obligated to serve on active duty or in the civil service,
as the case may be.
``(3) An agreement entered into under this section by a person
pursuing an academic degree shall include terms that provide the
following:
``(A) That the period of obligated service begins on a date
after the award of the degree that is determined under the
regulations prescribed under section 2200d of this title.
``(B) That the person will maintain satisfactory academic
progress, as determined in accordance with those regulations,
and that failure to maintain such progress constitutes grounds
for termination of the financial assistance for the person under
this section.
[[Page 114 STAT. 1654A-235]]
``(C) Any other terms and conditions that the Secretary of
Defense determines appropriate for carrying out this section.
``(c) Amount of Assistance.--The amount of the financial assistance
provided for a person under this section shall be the amount determined
by the Secretary of Defense as being necessary to pay all educational
expenses incurred by that person, including tuition, fees, cost of
books, laboratory expenses, and expenses of room and board. The expenses
paid, however, shall be limited to those educational expenses normally
incurred by students at the institution of higher education involved.
``(d) Use of Assistance for Support of Internships.--The financial
assistance for a person under this section may also be provided to
support internship activities of the person at the Department of Defense
in periods between the academic years leading to the degree for which
assistance is provided the person under this section.
``(e) Refund for Period of Unserved Obligated Service.--(1) A person
who voluntarily terminates service before the end of the period of
obligated service required under an agreement entered into under
subsection (b) shall refund to the United States an amount determined by
the Secretary of Defense as being appropriate to obtain adequate service
in exchange for financial assistance and otherwise to achieve the goals
set forth in section 2200(a) of this title.
``(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) The Secretary of Defense may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary determines that
recovery would be against equity and good conscience or would be
contrary to the best interests of the United States.
``(f ) Effect of Discharge in Bankruptcy.--A discharge in bankruptcy
under title 11 that is entered less than five 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 under subsection (e).
``(g) Allocation of Funding.--Not less than 50 percent of the amount
available for financial assistance under this section for a fiscal year
shall be available only for providing financial assistance for the
pursuit of degrees referred to in subsection (a) at institutions of
higher education that have established, improved, or are administering
programs of education in information assurance under the grant program
established in section 2200b of this title, as determined by the
Secretary of Defense.
``Sec. 2200b. Grant program
``(a) Authority.--The Secretary of Defense may provide grants of
financial assistance to institutions of higher education to support the
establishment, improvement, or administration of programs of education
in information assurance disciplines referred to in section 2200(a) of
this title.
``(b) Purposes.--The proceeds of grants under this section may be
used by an institution of higher education for the following purposes:
``(1) Faculty development.
``(2) Curriculum development.
``(3) Laboratory improvements.
[[Page 114 STAT. 1654A-236]]
``(4) Faculty research in information security.
``Sec. 2200c. Centers of Academic Excellence in Information Assurance
Education
``In the selection of a recipient for the award of a scholarship or
grant under this chapter, consideration shall be given to whether--
``(1) in the case of a scholarship, the institution at which
the recipient pursues a degree is a Center of Academic
Excellence in Information Assurance Education; and
``(2) in the case of a grant, the recipient is a Center of
Academic Excellence in Information Assurance Education.
``Sec. 2200d. Regulations
``The Secretary of Defense shall prescribe regulations for the
administration of this chapter.
``Sec. 2200e. Definitions
``In this chapter:
``(1) The term `information assurance' includes the
following:
``(A) Computer security.
``(B) Network security.
``(C) Any other information technology that the
Secretary of Defense considers related to information
assurance.
``(2) The term `institution of higher education' has the
meaning given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
``(3) The term `Center of Academic Excellence in Information
Assurance Education' means an institution of higher education
that is designated by the Director of the National Security
Agency as a Center of Academic Excellence in Information
Assurance Education.
``Sec. 2200f. Inapplicability to Coast Guard
``This chapter does not apply to the Coast Guard when it is not
operating as a service in the Navy.''.
(2) The tables of chapters at the beginning of subtitle A of title
10, United States Code, and the beginning of part III of such subtitle
are amended by inserting after the item relating to chapter 111 the
following new item:
``112. Information Security Scholarship Program..................2200''.
(b) Funding.--Of the amount authorized to be appropriated by section
301(5), $15,000,000 shall be available for carrying out chapter 112 of
title 10, United States Code (as added by subsection (a)).
(c) Report.--Not later than April 1, 2001, the Secretary of Defense
shall submit to the congressional defense committees a plan for
implementing the programs under chapter 112 of title 10, United States
Code.
[[Page 114 STAT. 1654A-237]]
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.
Section 10543(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) A report required under paragraph (1) for a fiscal year shall
be submitted not later than 15 days after the date on which the
President submits to Congress the budget for such fiscal year under
section 1105(a) of title 31.''.
SEC. 932. REPORT ON NUMBER OF PERSONNEL ASSIGNED TO LEGISLATIVE LIAISON
FUNCTIONS.
(a) Report.--Not later than December 1, 2000, 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 setting forth the number of personnel of the Department of
Defense performing legislative liaison functions as of April 1, 2000.
(b) Matters To Be Included.--The report shall include the following:
(1) The number of military and civilian personnel of the
Department of Defense assigned to full-time legislative liaison
functions, shown by organizational entity and by pay grade.
(2) The number of military and civilian personnel of the
Department not covered by paragraph (1) (other than personnel
described in subsection (e)) who perform legislative liaison
functions as part of their assigned duties, shown by
organizational entity and by pay grade.
(c) Legislative Liaison Functions.--For purposes of this section, a
legislative liaison function is a function (regardless of how
characterized within the Department of Defense) that has been
established or designated to principally provide advice, information,
and assistance to the legislative branch on Department of Defense
policies, plans, and programs.
(d) Organizational Entities.--The display of information under
subsection (b) by organizational entity shall be for the Department of
Defense and for each military department as a whole and separately for
each organization at the level of major command or Defense Agency or
higher.
(e) Personnel Not Covered.--Subsection (b)(2) does not apply to
civilian officers appointed by the President, by and with the advice and
consent of the Senate, or to general or flag officers.
SEC. 933. JOINT REPORT ON ESTABLISHMENT OF NATIONAL COLLABORATIVE
INFORMATION ANALYSIS CAPABILITY.
(a) Report.--Not later than March 1, 2000, the Secretary of Defense
and the Director of Central Intelligence shall submit to the
congressional defense committees and the congressional intelligence
committees a joint report assessing alternatives for the establishment
of a national collaborative information analysis capability. The report
shall include the following:
[[Page 114 STAT. 1654A-238]]
(1) An assessment of alternative architectures to establish
a national collaborative information analysis capability to
conduct data mining and profiling of information from a wide
array of electronic data sources.
(2) Identification, from among the various architectures
assessed under paragraph (1), of the preferred architecture and
a detailed description of that architecture and of a program to
acquire and implement the capability that would be provided
through that architecture.
(3) A detailed explanation of how the personal information
resulting from the data mining and profiling capability
developed under the preferred architecture will be employed
consistent with the requirements of section 552a of title 5,
United States Code.
(b) Completion and Use of Army Land Information Warfare Activity.--
The Secretary of Defense--
(1) shall ensure that the data mining, profiling, and
analysis capability of the Army's Land Information Warfare
Activity is completed and is fully operational as soon as
possible; and
(2) shall make appropriate use of that capability to provide
support to all appropriate national defense components.
SEC. 934. NETWORK CENTRIC WARFARE.
(a) Findings.--Congress makes the following findings:
(1) Joint Vision 2020 set the goal for the Department of
Defense to pursue information superiority in order that joint
forces may possess superior knowledge and attain decision
superiority during operations across the spectrum of conflict.
(2) One concept being pursued to attain information
superiority is known as Network Centric Warfare. The concept of
Network Centric Warfare links sensors, communications systems
and weapons systems in an interconnected grid that allows for a
seamless information flow to warfighters, policy makers, and
support personnel.
(3) The Joint Staff, the Defense Agencies, and the military
departments are all pursuing various concepts related to Network
Centric Warfare.
(b) Goal.--It shall be the goal of Department of Defense to fully
coordinate various efforts being pursued by the Joint Staff, the Defense
Agencies, and the military departments as they develop the concept of
Network Centric Warfare.
(c) Report on Network Centric Warfare.--(1) The Secretary of Defense
shall submit to the congressional defense committees a report on the
development and implementation of network centric warfare concepts
within the Department of Defense. The report shall be prepared in
consultation with the Chairman of the Joint Chiefs of Staff.
(2) The report shall include the following:
(A) A clear definition and terminology to describe the set
of operational concepts referred to as ``network centric
warfare''.
(B) An identification and description of the current and
planned activities by the Office of the Secretary of Defense,
the Joint Chiefs of Staff, and the United States Joint Forces
Command relating to network centric warfare.
(C) A discussion of how the concept of network centric
warfare is related to the strategy of transformation as outlined
[[Page 114 STAT. 1654A-239]]
in the document entitled ``Joint Vision 2020'', along with the
advantages and disadvantages of pursing that concept.
(D) A discussion on how the Department is implementing the
concepts of network centric warfare as it relates to information
superiority and decision superiority articulated in ``Joint
Vision 2020.''.
(E) An identification and description of the current and
planned activities of each of the Armed Forces relating to
network centric warfare.
(F) A discussion on how the Department plans to attain a
fully integrated, joint command, control, communications,
computers, intelligence, surveillance, and reconnaissance
(C<SUP>4</SUP>ISR) capability.
(G) A description of the joint requirements under
development that will lead to the acquisition of technologies
for enabling network centric warfare and whether those joint
requirements are modifying existing service requirements and
vision statements.
(H) A discussion of how Department of Defense activities to
establish a joint network centric capability are coordinated
with other departments and agencies of the United States and
with United States allies.
(I) A discussion of the coordination of the science and
technology investments of the military departments and Defense
Agencies in the development of future joint network centric
warfare capabilities.
(J) The methodology being used to measure progress toward
stated goals.
(d) Study on the Use of Joint Experimentation for Developing Network
Centric Warfare Concepts.--(1) The Secretary of Defense shall conduct a
study on the present and future use of the joint experimentation program
of the Department of Defense in the development of network centric
warfare concepts.
(2) The Secretary shall submit to the congressional defense
committees a report on the results of the study. The report shall
include the following:
(A) A survey of and description of how experimentation under
the joint experimentation at United States Joint Forces Command
is being used for evaluating emerging concepts in network
centric warfare.
(B) A survey of and description of how experimentation under
the joint experimentation of each of the armed services are
being used for evaluating emerging concepts in network centric
warfare.
(C) A description of any emerging concepts and
recommendations developed by those experiments, with special
emphasis on force structure implications.
(3) The Secretary of Defense, acting through the Chairman of the
Joint Chiefs of Staff, shall designate the Commander in Chief of the
United States Joint Forces Command to carry out the study and prepare
the report required under this subsection.
(e) Time for Submission of Reports.--Each report required under this
section shall be submitted not later than March 1, 2001.
[[Page 114 STAT. 1654A-240]]
SEC. 935. REPORT ON AIR FORCE INSTITUTE OF TECHNOLOGY.
(a) Report Required.--Not later than September 30, 2001, the
Secretary of the Air Force 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 roles and missions, organizational
structure, funding, and operations of the Air Force Institute of
Technology as projected through 2010.
(b) Matters To Be Included.--The report shall provide--
(1) a statement of the Institute's roles and missions
through 2010 in meeting the critical scientific and educational
requirements of the Air Force;
(2) a statement of the strategic priorities for the
Institute in meeting long-term core science and technology
educational needs of the Air Force; and
(3) a plan for the near-term increase in the production by
the Institute of masters and doctoral degree graduates.
(c) Recommendations To Be Provided.--Based on the matters determined
for purposes of subsection (b), the report shall include recommendations
of the Secretary of the Air Force with respect to the following:
(1) The grade of the Commandant of the Institute.
(2) The chain of command of the Commandant within the Air
Force.
(3) The employment and compensation of civilian professors
at the Institute.
(4) The processes for the identification of requirements for
personnel with advanced degrees within the Air Force and
identification and selection of candidates for annual enrollment
at the Institute.
(5) Postgraduation opportunities within the Air Force for
graduates of the Institute.
(6) The policies and practices regarding the admission to
the Institute of--
(A) officers of the Army, Navy, Marine Corps, and
Coast Guard;
(B) employees of the Department of the Army,
Department of the Navy, and Department of
Transportation;
(C) personnel of the military forces of foreign
countries;
(D) enlisted members of the Armed Forces; and
(E) other persons eligible for admission.
(7) Near- and long-term funding of the institute.
(8) Opportunities for cooperation, collaboration, and joint
endeavors with other military and civilian scientific and
technical educational institutions for the production of
qualified personnel to meet Department of Defense scientific and
technical requirements.
(d) Consultation.--The report shall be prepared in consultation with
the Chief of Staff of the Air Force and the Commander of the Air Force
Materiel Command.
[[Page 114 STAT. 1654A-241]]
Subtitle E--Other Matters
SEC. 941. FLEXIBILITY IN IMPLEMENTATION OF LIMITATION ON MAJOR
DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES PERSONNEL.
Section 130a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) Flexibility.--(1) If during fiscal year 2001 or fiscal year
2002 the Secretary of Defense determines, and certifies to Congress,
that the limitation under subsection (a), or a limitation under
subsection (b), would adversely affect United States national security,
the Secretary may take any of the following actions:
``(A) Increase the percentage specified in subsection (b)(1)
by such amount as the Secretary determines necessary or waive
the limitation under that subsection.
``(B) Increase the percentage specified in subsection (b)(2)
by such amount as the Secretary determines necessary, not to
exceed a cumulative increase of 7.5 percentage points.
``(C) Increase the percentage specified in subsection (a) by
such amount as the Secretary determines necessary, not to exceed
a cumulative increase of 7.5 percentage points.
``(2) Any certification under paragraph (1) shall include notice of
the specific waiver or increases made pursuant to the authority provided
in that paragraph.''.
SEC. 942. CONSOLIDATION OF CERTAIN NAVY GIFT FUNDS.
(a) Merger of Naval Historical Center Fund Into Department of the
Navy General Gift Fund.--(1) The Secretary of the Navy shall transfer
all amounts in the Naval Historical Center Fund maintained under section
7222 of title 10, United States Code, to the Department of the Navy
General Gift Fund maintained under section 2601 of such title. Upon
completing the transfer, the Secretary shall close the Naval Historical
Center Fund.
(2) Amounts transferred to the Department of the Navy General Gift
Fund under this subsection shall be merged with other amounts in that
Fund and shall be available for the purposes for which amounts in that
Fund are available.
(b) Consolidation of Naval Academy General Gift Fund and Naval
Academy Museum Fund.--(1) The Secretary of the Navy shall transfer all
amounts in the United States Naval Academy Museum Fund established by
section 6974 of title 10, United States Code, to the gift fund
maintained for the benefit and use of the United States Naval Academy
under section 6973 of such title. Upon completing the transfer, the
Secretary shall close the United States Naval Academy Museum Fund.
(2) Amounts transferred under this subsection shall be merged with
other amounts in the gift fund to which transferred and shall be
available for the purposes for which amounts in that gift fund are
available.
(c) Consolidation and Revision of Authorities for Acceptance of
Gifts, Bequests, and Loans for the United States Naval Academy.--(1)
Subsection (a) of section 6973 of title 10, United States Code, is
amended--
(A) in the first sentence--
(i) by striking ``gifts and bequests of personal
property'' and inserting ``any gift or bequest of
personal property,
[[Page 114 STAT. 1654A-242]]
and may accept, hold, and administer any loan of
personal property other than money, that is''; and
(ii) by inserting ``or the Naval Academy Museum, its
collection, or its services'' before the period at the
end;
(B) in the second sentence, by striking `` `United States
Naval Academy general gift fund' '' and inserting `` `United
States Naval Academy Gift and Museum Fund' ''; and
(C) in the third sentence, by inserting ``(including the
Naval Academy Museum)'' after ``the Naval Academy''.
(2) Such section is further amended--
(A) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) The Secretary shall prescribe written guidelines to be used
for determinations of whether the acceptance of money, any personal
property, or any loan of personal property under subsection (a) would
reflect unfavorably on the ability of the Department of the Navy or any
officer or employee of the Department of the Navy to carry out
responsibilities or duties in a fair and objective manner, or would
compromise either the integrity or the appearance of the integrity of
any program of the Department of the Navy or any officer or employee of
the Department of the Navy who is involved in any such program.''.
(3) Subsection (d) of such section, as redesignated by paragraph
(2)(A), is amended by striking ``United States Naval Academy general
gift fund'' both places it appears and inserting ``United States Naval
Academy Gift and Museum Fund''.
(4) The heading for such section is amended to read as follows:
``Sec. 6973. Gifts, bequests, and loans of property: acceptance for
benefit and use of Naval Academy''.
(d) References to Closed Gift Funds.--(1) Section 6974 of title 10,
United States Code, is amended to read as follows:
``Sec. 6974. United States Naval Academy Museum Fund: references to Fund
``Any reference in a law, regulation, document, paper, or other
record of the United States to the United States Naval Academy Museum
Fund formerly maintained under this section shall be deemed to refer to
the United States Naval Academy Gift and Museum Fund maintained under
section 6973 of this title.''.
(2) Section 7222 of such title is amended to read as follows:
``Sec. 7222. Naval Historical Center Fund: references to Fund
``Any reference in a law, regulation, document, paper, or other
record of the United States to the Naval Historical Center Fund formerly
maintained under this section shall be deemed to refer to the Department
of the Navy General Gift Fund maintained under section 2601 of this
title.''.
(e) Clerical Amendments.--(1) The table of sections at the beginning
of chapter 603 of title 10, United States Code, is amended by striking
the items relating to sections 6973 and 6974 and inserting the
following:
``6973. Gifts, bequests, and loans of property: acceptance for benefit
and use of Naval Academy.
``6974. United States Naval Academy Museum Fund: references to Fund.''.
[[Page 114 STAT. 1654A-243]]
(2) The item relating to section 7222 of such title in the table of
sections at the beginning of chapter 631 of such title is amended to
read as follows:
``7222. Naval Historical Center Fund: references to Fund.''.
SEC. 943. TEMPORARY AUTHORITY TO DISPOSE OF A GIFT PREVIOUSLY ACCEPTED
FOR THE NAVAL ACADEMY.
Notwithstanding section 6973 of title 10, United States Code, during
fiscal year 2001 the Secretary of the Navy may dispose of a gift
accepted before the date of the enactment of this Act for the United
States Naval Academy by disbursing from the United States Naval Academy
general gift fund to an entity designated by the donor of the gift the
amount equal to the current cash value of that gift.
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.
[[Page 114 STAT. 1654A-244]]
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.
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination by
the Secretary of Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for fiscal year
2001 between any such authorizations for that fiscal year (or any
subdivisions thereof ). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
[[Page 114 STAT. 1654A-245]]
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by this section to transfer
authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the committee of conference to accompany the conference report on the
bill H.R. 4205 of the One Hundred Sixth Congress and transmitted to the
President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to amounts
authorized to be appropriated by other provisions of this Act.
(c) Limitation on Use of Funds.--Funds appropriated pursuant to an
authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and requirements
as are set out for that program, project, or activity in the Classified
Annex.
(d) Distribution of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
SEC. 1003. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2000.
Amounts authorized to be appropriated to the Department of Defense
for fiscal year 2000 in the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65) are hereby adjusted, with respect
to any such authorized amount, by the amount by which appropriations
pursuant to such authorization were increased (by a supplemental
appropriation) or decreased (by a rescission), or both, in the Emergency
Supplemental Act, 2000 (division B of Public Law 106-246) or in title IX
of the Department of Defense Appropriations Act, 2001 (Public Law 106-
259).
SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2001.
(a) Fiscal Year 2001 Limitation.--The total amount contributed by
the Secretary of Defense in fiscal year 2001 for the common-funded
budgets of NATO may be any amount up to, but not in excess of, the
amount specified in subsection (b) (rather than the
[[Page 114 STAT. 1654A-246]]
maximum amount that would otherwise be applicable to those contributions
under the fiscal year 1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under
subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2000, of funds appropriated for fiscal years before
fiscal year 2001 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be appropriated by
titles II and III of this Act are available for contributions for the
common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $743,000 for
the Civil Budget.
(2) Of the amount provided in section 301(1), $181,981,000
for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-funded
budgets of NATO'' means the Military Budget, the Security
Investment Program, and the Civil Budget of the North Atlantic
Treaty Organization (and any successor or additional account or
program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term ``fiscal
year 1998 baseline limitation'' means the maximum annual amount
of Department of Defense contributions for common-funded budgets
of NATO that is set forth as the annual limitation in section
3(2)(C)(ii) of the resolution of the Senate giving the advice
and consent of the Senate to the ratification of the Protocols
to the North Atlantic Treaty of 1949 on the Accession of Poland,
Hungary, and the Czech Republic (as defined in section 4(7) of
that resolution), approved by the Senate on April 30, 1998.
SEC. 1005. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO PEACEKEEPING
OPERATIONS FOR FISCAL YEAR 2001.
(a) Limitation.--Of the amounts authorized to be appropriated by
section 301(24) for the Overseas Contingency Operations Transfer Fund--
(1) no more than $1,387,800,000 may be obligated for
incremental costs of the Armed Forces for Bosnia peacekeeping
operations; and
(2) no more than $1,650,400,000 may be obligated for
incremental costs of the Armed Forces for Kosovo peacekeeping
operations.
(b) Presidential Waiver.--The President may waive the limitation in
subsection (a)(1), or the limitation in subsection (a)(2), after
submitting to Congress the following:
(1) The President's written certification that the waiver is
necessary in the national security interests of the United
States.
(2) The President's written certification that exercising
the waiver will not adversely affect the readiness of United
States military forces.
(3) A report setting forth the following:
[[Page 114 STAT. 1654A-247]]
(A) The reasons that the waiver is necessary in the
national security interests of the United States.
(B) The specific reasons that additional funding is
required for the continued presence of United States
military forces participating in, or supporting, Bosnia
peacekeeping operations, or Kosovo peacekeeping
operations, as the case may be, for fiscal year 2001.
(C) A discussion of the impact on the military
readiness of United States Armed Forces of the
continuing deployment of United States military forces
participating in, or supporting, Bosnia peacekeeping
operations, or Kosovo peacekeeping operations, as the
case may be.
(4) A supplemental appropriations request for the Department
of Defense for such amounts as are necessary for the additional
fiscal year 2001 costs associated with United States military
forces participating in, or supporting, Bosnia or Kosovo
peacekeeping operations.
(c) Peacekeeping Operations Defined.--For the purposes of this
section:
(1) The term ``Bosnia peacekeeping operations'' has the
meaning given such term in section 1004(e) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 2112).
(2) The term ``Kosovo peacekeeping operations''--
(A) means the operation designated as Operation
Joint Guardian and any other operation involving the
participation of any of the Armed Forces in peacekeeping
or peace enforcement activities in and around Kosovo;
and
(B) includes, with respect to Operation Joint
Guardian or any such other operation, each activity that
is directly related to the support of the operation.
SEC. 1006. REQUIREMENT FOR PROMPT PAYMENT OF CONTRACT VOUCHERS.
(a) Requirement.--(1) Chapter 131 of title 10, United States Code,
is amended by adding after section 2225, as added by section 812(a)(1),
the following new section:
``Sec. 2226. Contracted property and services: prompt payment of
vouchers
``(a) Requirement.--Of the contract vouchers that are received by
the Defense Finance and Accounting Service by means of the mechanization
of contract administration services system, the number of such vouchers
that remain unpaid for more than 30 days as of the last day of each
month may not exceed 5 percent of the total number of the contract
vouchers so received that remain unpaid on that day.
``(b) Contract Voucher Defined.--In this section, the term `contract
voucher' means a voucher or invoice for the payment to a contractor for
services, commercial items (as defined in section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(12))), or other
deliverable items provided by the contractor under a contract funded by
the Department of Defense.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item relating to section 2225, as added by
section 812(a)(2), the following new item:
``2226. Contracted property and services: prompt payment of vouchers.''.
[[Page 114 STAT. 1654A-248]]
(b) Effective Date.--Section 2226 of title 10, United States Code
(as added by subsection (a)), shall take effect on December 1, 2000.
(c) Conditional Requirement for Report.--(1) If for any month of the
noncompliance reporting period the requirement in section 2226 of title
10, United States Code (as added by subsection (a)), is not met, 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 magnitude of the unpaid contract
vouchers. The report for a month shall be submitted not later than 30
days after the end of that month.
(2) A report for a month under paragraph (1) shall include
information current as of the last day of the month as follows:
(A) The number of the vouchers received by the Defense
Finance and Accounting Service by means of the mechanization of
contract administration services system during each month.
(B) The number of the vouchers so received, whenever
received by the Defense Finance and Accounting Service, that
remain unpaid for each of the following periods:
(i) Over 30 days and not more than 60 days.
(ii) Over 60 days and not more than 90 days.
(iii) More than 90 days.
(C) The number of the vouchers so received that remain
unpaid for the major categories of procurements, as defined by
the Secretary of Defense.
(D) The corrective actions that are necessary, and those
that are being taken, to ensure compliance with the requirement
in subsection (a).
(3) For purposes of this subsection:
(A) The term ``noncompliance reporting period'' means the
period beginning on December 1, 2000, and ending on November 30,
2004.
(B) The term ``contract voucher'' has the meaning given that
term in section 2226(b) of title 10, United States Code (as
added by subsection (a)).
SEC. 1007. PLAN FOR PROMPT RECORDING OF OBLIGATIONS OF FUNDS FOR
CONTRACTUAL TRANSACTIONS.
(a) Requirement for Plan.--The Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives, not later than November 15, 2000, a plan for ensuring
that each obligation of the Department of Defense under a transaction
described in subsection (c) be recorded in the appropriate financial
administration systems of the Department of Defense not later than 10
days after the date on which the obligation is incurred.
(b) Content of Plan.--The plan under subsection (a) shall provide
for the following:
(1) The recording of obligations in accordance with
requirements that apply uniformly throughout the Department of
Defense, including requirements for the recording of detailed
data on each such obligation.
(2) A system of accounting classification reference numbers
for the recording of obligations that applies uniformly
throughout the Department of Defense.
[[Page 114 STAT. 1654A-249]]
(3) A discussion of how the plan is to be implemented,
including a schedule for implementation.
(c) Covered Transactions.--The plan shall apply to each obligation
under any of the following transactions of the Department of Defense:
(1) A contract.
(2) A grant.
(3) A cooperative agreement.
(4) A transaction authorized under section 2371 of title 10,
United States Code.
SEC. 1008. ELECTRONIC SUBMISSION AND PROCESSING OF CLAIMS FOR CONTRACT
PAYMENTS.
(a) Requirements.--(1) Chapter 131 of title 10, United States Code,
is amended by adding after section 2226, as added by section 1006(a)(1),
the following new section:
``Sec. 2227. Electronic submission and processing of claims for contract
payments
``(a) Submission of Claims.--The Secretary of Defense shall require
that any claim for payment under a Department of Defense contract shall
be submitted to the Department of Defense in electronic form.
``(b) Processing.--A contracting officer, contract administrator,
certifying official, or other officer or employee of the Department of
Defense who receives a claim for payment in electronic form in
accordance with subsection (a) and is required to transmit the claim to
any other officer or employee of the Department of Defense for
processing under procedures of the department shall transmit the claim
and any additional documentation necessary to support the determination
and payment of the claim to such other officer or employee
electronically.
``(c) Waiver Authority.--If the Secretary of Defense determines that
the requirement for using electronic means for submitting claims under
subsection (a), or for transmitting claims and supporting documentation
under subsection (b), is unduly burdensome in any category of cases, the
Secretary may exempt the cases in that category from the application of
the requirement.
``(d) Implementation of Requirements.--In implementing subsections
(a) and (b), the Secretary of Defense shall provide for the following:
``(1) Policies, requirements, and procedures for using
electronic means for the submission of claims for payment to the
Department of Defense and for the transmission, between
Department of Defense officials, of claims for payment received
in electronic form, together with supporting documentation (such
as receiving reports, contracts and contract modifications, and
required certifications).
``(2) The format in which information can be accepted by the
corporate database of the Defense Finance and Accounting
Service.
``(3) The requirements to be included in contracts regarding
the electronic submission of claims for payment by contractors.
``(e) Claim for Payment Defined.--In this section, the term `claim
for payment' means an invoice or any other demand or request for
payment.''.
[[Page 114 STAT. 1654A-250]]
(2) The table of sections at the beginning of such chapter is
amended by adding after the item relating to section 2226, as added by
section 1006(a)(2), the following new item:
``2227. Electronic submission and processing of claims for contract
payments.''.
(b) Implementation Plan.--Not later than March 30, 2001, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a plan for the
implementation of the requirements imposed under section 2227 of title
10, United States Code (as added by subsection (a)). The plan shall
provide for each of the matters specified in subsection (d) of that
section.
(c) Applicability.--(1) Subject to paragraph (2), the Secretary of
Defense shall apply section 2227 of title 10, United States Code (as
added by subsection (a)), with respect to contracts for which
solicitations of offers are issued after June 30, 2001.
(2)(A) The Secretary may delay the implementation of section 2227 to
a date after June 30, 2001, upon a finding that it is impracticable to
implement that section until that later date. In no event, however, may
the implementation be delayed to a date after October 1, 2002.
(B) Upon determining to delay the implementation of such section
2227 to a later date under subparagraph (A), the Secretary shall
promptly publish a notice of the delay in the Federal Register. The
notice shall include a specification of the later date on which the
implementation of that section is to begin. Not later than 30 days
before the later implementation date, the Secretary shall publish in the
Federal Register another notice that such section is being implemented
beginning on that date.
SEC. 1009. ADMINISTRATIVE OFFSETS FOR OVERPAYMENT OF TRANSPORTATION
COSTS.
(a) Offsets for Overpayments or Liquidated Damages.--(1) Section
2636 of title 10, United States Code, is amended to read as follows:
``Sec. 2636. Deductions from amounts due carriers
``(a) Amounts for Loss or Damage.--An amount deducted from an amount
due a carrier shall be credited as follows:
``(1) If deducted because of loss of or damage to material
in transit for a military department, the amount shall be
credited to the proper appropriation, account, or fund from
which the same or similar material may be replaced.
``(2) If deducted as an administrative offset for an
overpayment previously made to the carrier under any Department
of Defense contract for transportation services or as liquidated
damages due under any such contract, the amount shall be
credited to the appropriation or account from which payments for
the transportation services were made.
``(b) Simplified Offset for Collection of Claims Not in Excess of
the Simplified Acquisition Threshold.--(1) In any case in which the
total amount of a claim for the recovery of overpayments or liquidated
damages under a contract described in subsection (a)(2) does not exceed
the simplified acquisition threshold, the Secretary of Defense or the
Secretary concerned, in exercising the authority to collect the claim by
administrative offset under
[[Page 114 STAT. 1654A-251]]
section 3716 of title 31, may apply paragraphs (2) and (3) of subsection
(a) of that section with respect to that collection after (rather than
before) the claim is so collected.
``(2) Regulations prescribed by the Secretary of Defense under
subsection (b) of section 3716 of title 31--
``(A) shall include provisions to carry out paragraph (1);
and
``(B) shall provide the carrier for a claim subject to
paragraph (1) with an opportunity to offer an alternative method
of repaying the claim (rather than by administrative offset) if
the collection of the claim by administrative offset has not
already been made.
``(3) In this subsection, the term `simplified acquisition
threshold' has the meaning given that term in section 4(11) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(11)).''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 157 of such title is amended to read as
follows:
``2636. Deductions from amounts due carriers.''.
(b) Effective Date.--Subsections (a)(2) and (b) of section 2636 of
title 10, United States Code, as added by subsection (a)(1), shall apply
with respect to contracts entered into after the date of the enactment
of this Act.
SEC. 1010. INTEREST PENALTIES FOR LATE PAYMENT OF INTERIM PAYMENTS DUE
UNDER GOVERNMENT SERVICE CONTRACTS.
(a) Prompt Payment Requirement for Interim Payments.--Under
regulations prescribed under subsection (c), the head of an agency
acquiring services from a business concern under a cost reimbursement
contract requiring interim payments who does not pay the concern a
required interim payment by the date that is 30 days after the date of
the receipt of a proper invoice shall pay an interest penalty to the
concern on the amount of the payment due. The interest shall be computed
as provided in section 3902(a) of title 31, United States Code.
(b) Regulations.--The Director of the Office of Management and
Budget shall prescribe regulations to carry out this section. Such
regulations shall be prescribed as part of the regulations prescribed
under section 3903 of title 31, United States Code.
(c) Incorporation of Certain Provisions of Law.--The provisions of
chapter 39 of title 31, United States Code, shall apply to this section
in the same manner as if this section were enacted as part of such
chapter.
(d) Effective Date.--Subsection (a) shall take effect on December
15, 2000. No interest shall accrue by reason of that subsection for any
period before that date.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. REVISIONS TO NATIONAL DEFENSE FEATURES PROGRAM.
Section 2218(k) of title 10, United States Code, is amended--
(1) by adding at the end of paragraph (1) the following new
sentence: ``As consideration for a contract with the head of an
agency under this subsection, the company entering into the
contract shall agree with the Secretary of Defense to make
[[Page 114 STAT. 1654A-252]]
any vessel covered by the contract available to the Secretary,
fully crewed and ready for sea, at any time at any port
determined by the Secretary, and for whatever duration the
Secretary determines necessary.'';
(2) by adding at the end of paragraph (2) the following new
subparagraph:
``(E) Payments of such sums as the Government would
otherwise expend, if the vessel were placed in the Ready Reserve
Fleet, for maintaining the vessel in the status designated as
`ROS-4 status' in the Ready Reserve Fleet for 25 years.''; and
(3) by adding at the end the following new paragraph:
``(6) The head of an agency may not enter into a contract under
paragraph (1) that would provide for payments to the contractor as
authorized in paragraph (2)(E) until notice of the proposed contract is
submitted to the congressional defense committees and a period of 90
days has elapsed.''.
SEC. 1012. SENSE OF CONGRESS ON THE NAMING OF THE CVN-77 AIRCRAFT
CARRIER.
(a) Findings.--Congress makes the following findings:
(1) Over the last three decades Congress has authorized and
appropriated funds for a total of 10 Nimitz class aircraft
carriers.
(2) The last vessel in the Nimitz class of aircraft
carriers, CVN-77, is currently under construction and will be
delivered in 2008.
(3) The first nine vessels in this class bear the following
proud names:
(A) U.S.S. Nimitz (CVN-68).
(B) U.S.S. Dwight D. Eisenhower (CVN-69).
(C) U.S.S. Carl Vinson (CVN-70).
(D) U.S.S. Theodore Roosevelt (CVN-71).
(E) U.S.S. Abraham Lincoln (CVN-72).
(F) U.S.S. George Washington (CVN-73).
(G) U.S.S. John C. Stennis (CVN-74).
(H) U.S.S. Harry S. Truman (CVN-75).
(I) U.S.S. Ronald Reagan (CVN-76).
(4) It is appropriate for Congress to recommend to the
President, as Commander in Chief of the Armed Forces, an
appropriate name for the final vessel in the Nimitz class of
aircraft carriers.
(5) Over the last 25 years the vessels in the Nimitz class
of aircraft carriers have served as one of the principal means
of United States diplomacy and as one of the principal means for
the defense of the United States and its allies around the
world.
(6) The name bestowed upon the aircraft carrier CVN-77
should embody the American spirit and provide a lasting symbol
of the American commitment to freedom.
(7) The name ``Lexington'' has been a symbol of freedom from
the first battle of the American Revolution.
(8) The two aircraft carriers previously named U.S.S.
Lexington (the CV-2 and the CV-16) served the Nation for 64
years, served in World War II, and earned a total of 13 battle
stars.
[[Page 114 STAT. 1654A-253]]
(9) One of those honored vessels, the CV-2, was lost at the
Battle of the Coral Sea on May 8, 1942.
(b) Sense of Congress.--It is the sense of Congress that the CVN-77
aircraft carrier should be named the ``U.S.S. Lexington''--
(1) in order to honor the men and women who served in the
Armed Forces of the United States during World War II and the
incalculable number of United States citizens on the home front
during that war who mobilized in the name of freedom; and
(2) as a special tribute to the 16,000,000 veterans of the
Armed Forces who served on land, sea, and air during World War
II (of whom fewer than 6,000,000 remain alive today) and a
lasting symbol of their commitment to freedom as they pass on
having proudly taken their place in history.
SEC. 1013. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Transfers by Grant.--The President is authorized to transfer
vessels to foreign countries on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) as follows:
(1) Brazil.--To the Government of Brazil--
(A) the THOMASTON class dock landing ships ALAMO
(LSD 33) and HERMITAGE (LSD 34); and
(B) the GARCIA class frigates BRADLEY (FF 1041),
DAVIDSON (FF 1045), SAMPLE (FF 1048) and ALBERT DAVID
(FF 1050).
(2) Greece.--To the Government of Greece, the KNOX class
frigates VREELAND (FF 1068) and TRIPPE (FF 1075).
(b) Transfers on a Combined Lease-Sale Basis.--(1) The President is
authorized to transfer vessels to foreign countries on a combined lease-
sale basis under sections 61 and 21 of the Arms Export Control Act (22
U.S.C. 2796 and 2761) and in accordance with subsection (c) as follows:
(A) Chile.--To the Government of Chile, the OLIVER HAZARD
PERRY class guided missile frigates WADSWORTH (FFG 9), and
ESTOCIN (FFG 15).
(B) Turkey.--To the Government of Turkey, the OLIVER HAZARD
PERRY class guided missile frigates JOHN A. MOORE (FFG 19) and
FLATLEY (FFG 21).
(2) The authority provided under paragraph (1)(B) is in addition to
the authority provided under section 1018(a)(9) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
745) for the transfer of those vessels to the Government of Turkey on a
sale basis under section 21 of the Arms Export Control Act (22 U.S.C.
2761).
(c) Conditions Relating to Combined Lease-Sale Transfers.--A
transfer of a vessel on a combined lease-sale basis authorized by
subsection (b) shall be made in accordance with the following
requirements:
(1) The President may initially transfer the vessel by
lease, with lease payments suspended for the term of the lease,
if the country entering into the lease for the vessel
simultaneously enters into a foreign military sales agreement
for the transfer of title to the vessel.
[[Page 114 STAT. 1654A-254]]
(2) The President may not deliver to the purchasing country
title to the vessel until the purchase price of the vessel under
such a foreign military sales agreement is paid in full.
(3) Upon payment of the purchase price in full under such a
sales agreement and delivery of title to the recipient country,
the President shall terminate the lease.
(4) If the purchasing country fails to make full payment of
the purchase price in accordance with the sales agreement by the
date required under the sales agreement--
(A) the sales agreement shall be immediately
terminated;
(B) the suspension of lease payments under the lease
shall be vacated; and
(C) the United States shall be entitled to retain
all funds received on or before the date of the
termination under the sales agreement, up to the amount
of the lease payments due and payable under the lease
and all other costs required by the lease to be paid to
that date.
(5) If a sales agreement is terminated pursuant to paragraph
(4), the United States shall not be required to pay any interest
to the recipient country on any amount paid to the United States
by the recipient country under the sales agreement and not
retained by the United States under the lease.
(d) Authorization of Appropriations for Costs of Lease-Sale
Transfers.--There is hereby authorized to be appropriated into the
Defense Vessels Transfer Program Account such sums as may be necessary
for paying the costs (as defined in section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a)) of the lease-sale transfers
authorized by subsection (b). Amounts so appropriated shall be available
only for the purpose of paying those costs.
(e) Grants Not Counted in Annual Total of Transferred Excess Defense
Articles.--The value of a vessel transferred to another country on a
grant basis under section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j) pursuant to authority provided by subsection (a) shall not
be counted for the purposes of subsection (g) of that section in the
aggregate value of excess defense articles transferred to countries
under that section in any fiscal year.
(f ) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by this section shall be
charged to the recipient (notwithstanding section 516(e)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(1))) in the case of a
transfer authorized to be made on a grant basis under subsection (a).
(g) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the country to
which the vessel is transferred have such repair or refurbishment of the
vessel as is needed, before the vessel joins the naval forces of that
country, performed at a shipyard located in the United States, including
a United States Navy shipyard.
(h) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
[[Page 114 STAT. 1654A-255]]
(i) Coordination of Provisions.--(1) If the Security Assistance Act
of 2000 is enacted before this Act, the provisions of this section shall
not take effect.
(2) If the Security Assistance Act of 2000 is enacted after this
Act, this section shall cease to be in effect upon the enactment of that
Act.
SEC. 1014. AUTHORITY TO CONSENT TO RETRANSFER OF ALTERNATIVE FORMER
NAVAL VESSEL BY GOVERNMENT OF GREECE.
(a) Authority for Retransfer of Alternative Vessel.--Section 1012 of
the National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 740) is amended--
(1) in subsection (a), by inserting after ``HS Rodos (ex-USS
BOWMAN COUNTY (LST 391))'' the following: ``, LST 325, or any
other former United States LST previously transferred to the
Government of Greece that is excess to the needs of that
government''; and
(2) in subsection (b)(1), by inserting ``retransferred under
subsection (a)'' after ``the vessel''.
(b) Repeal.--Section 1305 of the Arms Control, Nonproliferation, and
Security Assistance Act of 1999 (113 Stat. 1501A-511) is repealed.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION OF AUTHORITY TO PROVIDE SUPPORT FOR COUNTER-DRUG
ACTIVITIES OF COLOMBIA.
(a) Extension of Authority.--Section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1881) is amended--
(1) in subsection (a), by striking ``during fiscal years
1998 through 2002,''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting before the period
at the end the following: ``, for fiscal years 1998
through 2002''; and
(B) in paragraph (2), by inserting before the period
at the end the following: ``, for fiscal years 1998
through 2006''.
(b) Maximum Annual Amount of Support.--Subsection (e)(2) of such
section is amended by striking ``2002'' and inserting ``2006''.
SEC. 1022. REPORT ON DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT
FOREIGN COUNTER-DRUG ACTIVITIES.
Not later than January 1, 2001, the Secretary of Defense shall
submit to the congressional defense committees a report detailing the
expenditure of funds by the Secretary during fiscal year 2000 in direct
or indirect support of the counter-drug activities of foreign
governments. The report shall include the following for each foreign
government:
(1) The total amount of assistance provided to, or expended
on behalf of, the foreign government.
(2) A description of the types of counter-drug activities
conducted using the assistance.
(3) An explanation of the legal authority under which the
assistance was provided.
[[Page 114 STAT. 1654A-256]]
SEC. 1023. RECOMMENDATIONS ON EXPANSION OF SUPPORT FOR COUNTER-DRUG
ACTIVITIES.
(a) Requirement for Submittal of Recommendations.--Not later than
February 1, 2001, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives the recommendations of the Secretary regarding whether
expanded support for counter-drug activities should be authorized under
section 1033 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1881) for the region that includes
the countries that are covered by that authority on the date of the
enactment of this Act.
(b) Content of Submission.--The submission under subsection (a)
shall include the following:
(1) What, if any, additional countries should be covered.
(2) What, if any, additional support should be provided to
covered countries, together with the reasons for recommending
the additional support.
(3) For each country recommended under paragraph (1), a plan
for providing support, including the counter-drug activities
proposed to be supported.
SEC. 1024. REVIEW OF RIVERINE COUNTER-DRUG PROGRAM.
(a) Requirement for Review.--The Secretary of Defense shall review
the riverine counter-drug program supported under section 1033 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1881).
(b) Report.--Not later than February 1, 2001, the Secretary shall
submit a report on the riverine counter-drug program to the Committees
on Armed Services of the Senate and the House of Representatives. The
report shall include, for each country receiving support under the
riverine counter-drug program, the following:
(1) The Assistant Secretary's assessment of the
effectiveness of the program.
(2) A recommendation regarding which of the Armed Forces,
units of the Armed Forces, or other organizations within the
Department of Defense should be responsible for managing the
program.
(c) Delegation of Authority.--The Secretary shall require the
Assistant Secretary of Defense for Special Operations and Low Intensity
Conflict to carry out the responsibilities under this section.
SEC. 1025. REPORT ON TETHERED AEROSTAT RADAR SYSTEM.
(a) Report Required.--Not later than May 1, 2001, The Secretary of
Defense shall submit to Congress a report on the status of the Tethered
Aerostat Radar System used to conduct counter-drug detection and
monitoring and border security and air sovereignty operations. The
report shall include the following:
(1) The status and operational availability of each of the
existing sites of the Tethered Aerostat Radar System.
(2) A discussion of any plans to close, during the next 5
years, currently operational sites, including a review of the
justification for each proposed closure.
(3) A review of the requirements of other agencies,
especially the United States Customs Service, for data derived
from the Tethered Aerostat Radar System.
(4) An assessment of the value of the Tethered Aerostat
Radar System in the conduct of counter-drug detection and
[[Page 114 STAT. 1654A-257]]
monitoring and border security and air sovereignty operations
compared to other surveillance systems available for such
operations.
(5) The costs associated with the planned standardization of
the Tethered Aerostat Radar System and the Secretary's analysis
of that standardization.
(b) Consultation.--The Secretary of Defense shall prepare the report
in consultation with the Secretary of the Treasury.
SEC. 1026. SENSE OF CONGRESS REGARDING USE OF ARMED FORCES FOR COUNTER-
DRUG AND COUNTER-TERRORISM ACTIVITIES.
It is the sense of Congress that the President should be able to use
members of the Army, Navy, Air Force, and Marine Corps to assist law
enforcement agencies, to the full extent consistent with section 1385 of
title 18, United States Code (commonly known as the Posse Comitatus
Act), section 375 of title 10, United States Code, and other applicable
law, in preventing the entry into the United States of terrorists and
drug traffickers, weapons of mass destruction, components of weapons of
mass destruction, and prohibited narcotics and drugs.
Subtitle D--Counterterrorism and Domestic Preparedness
SEC. 1031. PREPAREDNESS OF MILITARY INSTALLATION FIRST RESPONDERS FOR
INCIDENTS INVOLVING WEAPONS OF MASS DESTRUCTION.
(a) Requirement for Report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the program of the Department of Defense to ensure
the preparedness of the first responders of the Department of Defense
for incidents involving weapons of mass destruction on installations of
the Department of Defense.
(b) Content of Report.--The report shall include the following:
(1) A detailed description of the overall preparedness
program.
(2) A detailed description of the deficiencies in the
preparedness of Department of Defense installations to respond
to an incident involving a weapon of mass destruction, together
with a discussion of the actions planned to be taken by the
Department of Defense to correct the deficiencies.
(3) The schedule and costs associated with the
implementation of the preparedness program.
(4) The Department's plan for coordinating the preparedness
program with responders in the communities in the localities of
the installations.
(5) The Department's plan for promoting the interoperability
of the equipment used by the installation first responders
referred to in subsection (a) with the equipment used by the
first responders in those communities.
(c) Form of Report.--The report shall be submitted in an
unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
[[Page 114 STAT. 1654A-258]]
(1) The term ``first responder'' means an organization
responsible for responding to an incident involving a weapon of
mass destruction.
(2) The term ``weapon of mass destruction'' has the meaning
given that term in section 1403(1) of the Defense Against
Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).
SEC. 1032. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUPPORT TEAMS.
During fiscal year 2001, the Secretary of Defense shall establish
five additional teams designated as Weapons of Mass Destruction Civil
Support Teams (for a total of 32 such teams).
SEC. 1033. AUTHORITY TO PROVIDE LOAN GUARANTEES TO IMPROVE DOMESTIC
PREPAREDNESS TO COMBAT CYBERTERRORISM.
(a) Establishment of Program.--(1) Chapter 148 of title 10, United
States Code, is amended by adding at the end the following new
subchapter:
``SUBCHAPTER VII--CRITICAL INFRASTRUCTURE PROTECTION LOAN GUARANTEES
``Sec.
``2541. Establishment of loan guarantee program.
``2541a. Fees charged and collected.
``2541b. Administration.
``2541c. Transferability, additional limitations, and definition.
``2541d. Reports.
``Sec. 2541. Establishment of loan guarantee program
``(a) Establishment.--In order to meet the national security
objectives in section 2501(a) of this title, the Secretary of Defense
shall establish a program under which the Secretary may issue guarantees
assuring lenders against losses of principal or interest, or both
principal and interest, for loans made to qualified commercial firms to
fund, in whole or in part, any of the following activities:
``(1) The improvement of the protection of the critical
infrastructure of the commercial firms.
``(2) The refinancing of improvements previously made to the
protection of the critical infrastructure of the commercial
firms.
``(b) Qualified Commercial Firms.--For purposes of this section, a
qualified commercial firm is a company or other business entity
(including a consortium of such companies or other business entities, as
determined by the Secretary) that the Secretary determines--
``(1) conducts a significant level of its research,
development, engineering, and manufacturing activities in the
United States;
``(2) is a company or other business entity the majority
ownership or control of which is by United States citizens or is
a company or other business of a parent company that is
incorporated in a country the government of which--
``(A) encourages the participation of firms so owned
or controlled in research and development consortia to
which the government of that country provides funding
directly or provides funding indirectly through
international organizations or agreements; and
[[Page 114 STAT. 1654A-259]]
``(B) affords adequate and effective protection for
the intellectual property rights of companies
incorporated in the United States;
``(3) provides technology products or services critical to
the operations of the Department of Defense;
``(4) meets standards of prevention of cyberterrorism
applicable to the Department of Defense; and
``(5) agrees to submit the report required under section
2541d of this title.
``(c) Loan Limits.--The maximum amount of loan principal guaranteed
during a fiscal year under this section may not exceed $10,000,000, with
respect to all borrowers.
``(d) Goals and Standards.--The Secretary shall prescribe
regulations setting forth goals for the use of the loan guarantees
provided under this section and standards for evaluating whether those
goals are met by each entity receiving such loan guarantees.
``(e) Authority Subject to Provisions of Appropriations.--The
Secretary may guarantee a loan under this subchapter only to such extent
or in such amounts as may be provided in advance in appropriations Acts.
``Sec. 2541a. Fees charged and collected
``(a) Fee Required.--The Secretary of Defense shall assess a fee for
providing a loan guarantee under this subchapter.
``(b) Amount of Fee.--The amount of the fee shall be not less than
75 percent of the amount incurred by the Secretary to provide the loan
guarantee.
``(c) Special Account.--(1) Such fees shall be credited to a special
account in the Treasury.
``(2) Amounts in the special account shall be available, to the
extent and in amounts provided in appropriations Acts, for paying the
costs of administrative expenses of the Department of Defense that are
attributable to the loan guarantee program under this subchapter.
``(3)(A) If for any fiscal year amounts in the special account
established under paragraph (1) are not available (or are not
anticipated to be available) in a sufficient amount for administrative
expenses of the Department of Defense for that fiscal year that are
directly attributable to the administration of the program under this
subchapter, the Secretary may use amounts currently available for
operations and maintenance for Defense-wide activities, not to exceed
$500,000 in any fiscal year, for those expenses.
``(B) The Secretary shall, from funds in the special account
established under paragraph (1), replenish operations and maintenance
accounts for amounts expended under subparagraph (A).
``Sec. 2541b. Administration
``(a) Agreements Required.--The Secretary of Defense may enter into
one or more agreements, each with an appropriate Federal or private
entity, under which such entity may, under this subchapter--
``(1) process applications for loan guarantees;
``(2) administer repayment of loans; and
``(3) provide any other services to the Secretary to
administer this subchapter.
``(b) Treatment of Costs.--The costs of such agreements shall be
considered, for purposes of the special account established under
[[Page 114 STAT. 1654A-260]]
section 2541a(c), to be costs of administrative expenses of the
Department of Defense that are attributable to the loan guarantee
program under this subchapter.
``Sec. 2541c. Transferability, additional limitations, and definition
``The following provisions of subtitle VI of this chapter apply to
guarantees issued under this subtitle:
``(1) Section 2540a, relating to transferability of
guarantees.
``(2) Subsections (b) and (c) of section 2540b, providing
limitations.
``(3) Section 2540d(2), providing a definition of the term
`cost'.
``Sec. 2541d. Reports
``(a) Report by Commercial Firms to Secretary of Defense.--The
Secretary of Defense shall require each qualified commercial firm for
which a loan is guaranteed under this subchapter to submit to the
Secretary a report on the improvements financed or refinanced with the
loan. The report shall include an assessment of the value of the
improvements for the protection of the critical infrastructure of that
commercial firm. The Secretary shall prescribe the time for submitting
the report.
``(b) Annual Report by Secretary of Defense to Congress.--Not later
than March 1 of each year in which guarantees are made under this
subchapter, the Secretary of Defense shall submit to Congress a report
on the loan guarantee program under this subchapter. The report shall
include the following:
``(1) The amounts of the loans for which guarantees were
issued during the year preceding the year of the report.
``(2) The success of the program in improving the protection
of the critical infrastructure of the commercial firms covered
by the guarantees.
``(3) The relationship of the loan guarantee program to the
critical infrastructure protection program of the Department of
Defense, together with an assessment of the extent to which the
loan guarantee program supports the critical infrastructure
protection program.
``(4) Any other information on the loan guarantee program
that the Secretary considers appropriate to include in the
report.''.
(2) The table of subchapters at the beginning of such chapter is
amended by adding at the end the following new item:
``VII. Critical Infrastructure Protection Loan Guarantees........2541''.
(b) Redesignation of Displaced Sections.--(1) Sections 2541 through
2554 of chapter 152 of title 10, United States Code, are redesignated as
sections 2551 through 2564, respectively.
(2) The items in the table of sections at the beginning of chapter
152 of such title are revised to reflect the redesignations made by
paragraph (1).
(c) Conforming Amendments.--(1) Subsection (c)(3)(C) of section 2561
of such title, as redesignated by subsection (b), is amended by striking
``section 2547'' and inserting ``section 2557''.
(2) Subsection (b) of section 2562 of such title, as so
redesignated, is amended by striking ``section 2547'' and inserting
``section 2557''.
[[Page 114 STAT. 1654A-261]]
(3) Section 7300 of such title is amended by striking ``section
2553'' and inserting ``section 2563''.
SEC. 1034. REPORT ON THE STATUS OF DOMESTIC PREPAREDNESS AGAINST THE
THREAT OF BIOLOGICAL TERRORISM.
(a) Report Required.--Not later than March 31, 2001, the President
shall submit to Congress a report on domestic preparedness against the
threat of biological terrorism.
(b) Report Elements.--The report shall address the following:
(1) The current state of United States preparedness to
defend against a biologic attack.
(2) The roles that various Federal agencies currently play,
and should play, in preparing for, and defending against, such
an attack.
(3) The roles that State and local agencies and public
health facilities currently play, and should play, in preparing
for, and defending against, such an attack.
(4) The advisability of establishing an intergovernmental
task force to assist in preparations for such an attack.
(5) The potential role of advanced communications systems in
aiding domestic preparedness against such an attack.
(6) The potential for additional research and development in
biotechnology to aid domestic preparedness against such an
attack.
(7) Other measures that should be taken to aid domestic
preparedness against such an attack.
(8) The financial resources necessary to support efforts for
domestic preparedness against such an attack.
(9) The deficiencies and vulnerabilities in the United
States public health system for dealing with the consequences of
a biological terrorist attack on the United States, and current
plans to address those deficiencies and vulnerabilities.
(c) Intelligence Estimate.--(1) Not later than March 1, 2001, the
Secretary of Defense shall submit to Congress an intelligence estimate,
prepared in consultation with the Director of Central Intelligence,
containing--
(A) an assessment of the threat to the United States posed
by a terrorist using a biological weapon; and
(B) an assessment of the relative consequences of an attack
against the United States by a terrorist using a biological
weapon compared with the consequences of an attack against the
United States by a terrorist using a weapon that is a weapon of
mass destruction other than a biological weapon or that is a
conventional weapon.
(2) The intelligence estimate submitted under paragraph (1) shall
include a comparison of--
(A) the likelihood of the threat of a terrorist attack
against the United States through the use of a biological
weapon, with
(B) the likelihood of the threat of a terrorist attack
against the United States through the use of a weapon that is a
weapon of mass destruction other than a biological weapon or
that is a conventional weapon.
SEC. 1035. REPORT ON STRATEGY, POLICIES, AND PROGRAMS TO COMBAT DOMESTIC
TERRORISM.
Not later than 180 days after the date of the enactment of this Act,
the Comptroller General of the United States shall submit
[[Page 114 STAT. 1654A-262]]
to the Committees on Armed Services of the Senate and the House of
Representatives a report on the strategy, policies, and programs of the
United States for combating domestic terrorism, and in particular
domestic terrorism involving weapons of mass destruction. The report
shall document the progress and problems experienced by the Federal
Government in organizing and preparing to respond to domestic terrorist
incidents.
Subtitle E--Strategic Forces
SEC. 1041. REVISED NUCLEAR POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to clarify
United States nuclear deterrence policy and strategy for the near term,
the Secretary of Defense shall conduct a comprehensive review of the
nuclear posture of the United States for the next 5 to 10 years. The
Secretary shall conduct the review in consultation with the Secretary of
Energy.
(b) Elements of Review.--The nuclear posture review shall include
the following elements:
(1) The role of nuclear forces in United States military
strategy, planning, and programming.
(2) The policy requirements and objectives for the United
States to maintain a safe, reliable, and credible nuclear
deterrence posture.
(3) The relationship among United States nuclear deterrence
policy, targeting strategy, and arms control objectives.
(4) The levels and composition of the nuclear delivery
systems that will be required for implementing the United States
national and military strategy, including any plans for
replacing or modifying existing systems.
(5) The nuclear weapons complex that will be required for
implementing the United States national and military strategy,
including any plans to modernize or modify the complex.
(6) The active and inactive nuclear weapons stockpile that
will be required for implementing the United States national and
military strategy, including any plans for replacing or
modifying warheads.
(c) Report to Congress.--The Secretary of Defense shall submit to
Congress, in unclassified and classified forms as necessary, a report on
the results of the nuclear posture review conducted under this section.
The report shall be submitted concurrently with the Quadrennial Defense
Review report due in December 2001.
(d) Sense of Congress.--It is the sense of Congress that the nuclear
posture review conducted under this section should be used as the basis
for establishing future United States arms control objectives and
negotiating positions.
SEC. 1042. PLAN FOR THE LONG-TERM SUSTAINMENT AND MODERNIZATION OF
UNITED STATES STRATEGIC NUCLEAR FORCES.
(a) Requirement for Plan.--The Secretary of Defense, in consultation
with the Secretary of Energy, shall develop a long-range plan for the
sustainment and modernization of United States strategic nuclear forces
to counter emerging threats and satisfy the evolving requirements of
deterrence.
[[Page 114 STAT. 1654A-263]]
(b) Elements of Plan.--The plan specified under subsection (a) shall
include the Secretary's plans, if any, for the sustainment and
modernization of the following:
(1) Land-based and sea-based strategic ballistic missiles,
including any plans for developing replacements for the
Minuteman III intercontinental ballistic missile and the Trident
II sea-launched ballistic missile and plans for common ballistic
missile technology development.
(2) Strategic nuclear bombers, including any plans for a B-2
follow-on, a B-52 replacement, and any new air-launched weapon
systems.
(3) Appropriate warheads to outfit the strategic nuclear
delivery systems referred to in paragraphs (1) and (2) to
satisfy evolving military requirements.
(c) Submittal of Plan.--The plan specified under subsection (a)
shall be submitted to Congress not later than April 15, 2001. The plan
shall be submitted in unclassified and classified forms, as necessary.
SEC. 1043. MODIFICATION OF SCOPE OF WAIVER AUTHORITY FOR LIMITATION ON
RETIREMENT OR DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY
SYSTEMS.
Section 1302(b) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1948), as amended by section
1501(a) of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 806), is further amended by striking ``the
application of the limitation in effect under paragraph (1)(B) or (3) of
subsection (a), as the case may be,'' and inserting ``the application of
the limitation in effect under subsection (a) to a strategic nuclear
delivery system''.
SEC. 1044. REPORT ON THE DEFEAT OF HARDENED AND DEEPLY BURIED TARGETS.
(a) Study.--The Secretary of Defense shall, in conjunction with the
Secretary of Energy, conduct a study relating to the defeat of hardened
and deeply buried targets. Under the study, the Secretaries shall--
(1) review--
(A) the requirements of the United States to defeat
hardened and deeply buried targets and stockpiles of
chemical and biological agents and related capabilities;
and
(B) current and future plans to meet those
requirements;
(2) determine if those plans adequately address all such
requirements;
(3) identify potential future hardened and deeply buried
targets and other related targets;
(4) determine what resources and research and development
efforts are needed to defeat the targets identified under
paragraph (3) as well as other requirements to defeat stockpiles
of chemical and biological agents and related capabilities;
(5) assess both current and future options to defeat
hardened and deeply buried targets as well as concepts to defeat
stockpiles of chemical and biological agents and related
capabilities; and
(6) determine the capability and cost of each option
assessed under paragraph (5).
[[Page 114 STAT. 1654A-264]]
(b) Conduct of Assessments.--In conducting the study under
subsection (a), the Secretaries may, in order to perform the assessments
required by paragraph (5) of that subsection, conduct any limited
research and development that may be necessary to perform those
assessments.
(c) Report.--(1) Not later than July 1, 2001, 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 results of the study conducted under subsection (a). The
report shall be prepared in conjunction with the Secretary of Energy.
(2) The report under paragraph (1) shall be submitted in
unclassified form, together with a classified annex if necessary.
SEC. 1045. SENSE OF CONGRESS ON THE MAINTENANCE OF THE STRATEGIC NUCLEAR
TRIAD.
It is the sense of Congress that, in light of the potential for
further arms control agreements with the Russian Federation limiting
strategic forces--
(1) it is in the national interest of the United States to
maintain a robust and balanced triad of strategic nuclear
delivery vehicles, including (A) long-range bombers, (B) land-
based intercontinental ballistic missiles (ICBMs), and (C)
ballistic missile submarines; and
(2) reductions to United States conventional bomber
capability are not in the national interest of the United
States.
Subtitle F--Miscellaneous Reporting Requirements
SEC. 1051. MANAGEMENT REVIEW OF WORKING-CAPITAL FUND ACTIVITIES.
(a) Comptroller General Review Required.--The Comptroller General
shall conduct a review of the working-capital fund activities of the
Department of Defense to identify any potential changes in current
management processes or policies that, if made, would result in a more
efficient and economical operation of those activities.
(b) Review To Include Carryover Policy.--The review shall include a
review of practices under the Department of Defense policy that
authorizes funds available for working-capital fund activities for one
fiscal year to be obligated for work to be performed at such activities
within the first 90 days of the next fiscal year (known as
``carryover''). On the basis of the review, the Comptroller General
shall determine the following:
(1) The extent to which the working-capital fund activities
of the Department of Defense have complied with the 90-day
carryover policy.
(2) The reasons for the carryover authority under the policy
to apply to as much as a 90-day quantity of work.
(3) Whether applying the carryover authority to not more
than a 30-day quantity of work would be sufficient to ensure
uninterrupted operations at the working-capital fund activities
early in a fiscal year.
[[Page 114 STAT. 1654A-265]]
(4) What, if any, savings could be achieved by restricting
the carryover authority so as to apply to a 30-day quantity of
work.
SEC. 1052. REPORT ON SUBMARINE RESCUE SUPPORT VESSELS.
(a) Requirement.--The Secretary of the Navy shall submit to
Congress, together with the submission of the budget of the President
for fiscal year 2002 under section 1105 of title 31, United States Code,
a report on the plan of the Navy for providing for submarine rescue
support vessels through fiscal year 2007.
(b) Content.--The report shall include a discussion of the
following:
(1) The requirement for submarine rescue support vessels
through fiscal year 2007, including experience in changing from
the provision of such vessels from dedicated platforms to the
provision of such vessels through vessel of opportunity services
and charter vessels.
(2) The resources required, the risks to submariners, and
the operational impacts of the following:
(A) Chartering submarine rescue support vessels for
terms of up to five years, with options to extend the
charters for two additional five-year periods.
(B) Providing submarine rescue support vessels using
vessel of opportunity services.
(C) Providing submarine rescue support services
through other means considered by the Navy.
SEC. 1053. REPORT ON FEDERAL GOVERNMENT PROGRESS IN DEVELOPING
INFORMATION ASSURANCE STRATEGIES.
Not later than January 15, 2001, the President shall submit to
Congress a comprehensive report detailing the specific steps taken by
the Federal Government as of the date of the report to develop critical
infrastructure assurance strategies as outlined by Presidential Decision
Directive No. 63 (PDD-63). The report shall include the following:
(1) A detailed summary of the progress of each Federal
agency in developing an internal information assurance plan.
(2) The progress of Federal agencies in establishing
partnerships with relevant private sector industries to address
critical infrastructure vulnerabilities.
SEC. 1054. DEPARTMENT OF DEFENSE PROCESS FOR DECISIONMAKING IN CASES OF
FALSE CLAIMS.
Not later than February 1, 2001, the Secretary of Defense shall
submit to Congress a report describing the policies and procedures for
Department of Defense decisionmaking on issues arising under sections
3729 through 3733 of title 31, United States Code, in cases of claims
submitted to the Department of Defense that are suspected or alleged to
be false. The report shall include a discussion of any changes that have
been made in the policies and procedures since January 1, 2000, and how
such procedures are being implemented.
[[Page 114 STAT. 1654A-266]]
Subtitle G--Government Information Security Reform
SEC. 1061. COORDINATION OF FEDERAL INFORMATION POLICY.
Chapter 35 of title 44, United States Code, is amended by inserting
at the end the following new subchapter:
``SUBCHAPTER II--INFORMATION SECURITY
``Sec. 3531. Purposes
``The purposes of this subchapter are the following:
``(1) To provide a comprehensive framework for establishing
and ensuring the effectiveness of controls over information
resources that support Federal operations and assets.
``(2)(A) To recognize the highly networked nature of the
Federal computing environment including the need for Federal
Government interoperability and, in the implementation of
improved security management measures, assure that opportunities
for interoperability are not adversely affected.
``(B) To provide effective governmentwide management and
oversight of the related information security risks, including
coordination of information security efforts throughout the
civilian, national security, and law enforcement communities.
``(3) To provide for development and maintenance of minimum
controls required to protect Federal information and information
systems.
``(4) To provide a mechanism for improved oversight of
Federal agency information security programs.
``Sec. 3532. Definitions
``(a) Except as provided under subsection (b), the definitions under
section 3502 shall apply to this subchapter.
``(b) In this subchapter:
``(1) The term `information technology' has the meaning
given that term in section 5002 of the Clinger-Cohen Act of 1996
(40 U.S.C. 1401).
``(2) The term `mission critical system' means any
telecommunications or information system used or operated by an
agency or by a contractor of an agency, or other organization on
behalf of an agency, that--
``(A) is defined as a national security system under
section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C.
1452);
``(B) is protected at all times by procedures
established for information which has been specifically
authorized under criteria established by an Executive
order or an Act of Congress to be classified in the
interest of national defense or foreign policy; or
``(C) processes any information, the loss, misuse,
disclosure, or unauthorized access to or modification
of, would have a debilitating impact on the mission of
an agency.
``Sec. 3533. Authority and functions of the Director
``(a)(1) The Director shall establish governmentwide policies for
the management of programs that--
[[Page 114 STAT. 1654A-267]]
``(A) support the cost-effective security of Federal
information systems by promoting security as an integral
component of each agency's business operations; and
``(B) include information technology architectures as
defined under section 5125 of the Clinger-Cohen Act of 1996 (40
U.S.C. 1425).
``(2) Policies under this subsection shall--
``(A) be founded on a continuing risk management cycle that
recognizes the need to--
``(i) identify, assess, and understand risk; and
``(ii) determine security needs commensurate with
the level of risk;
``(B) implement controls that adequately address the risk;
``(C) promote continuing awareness of information security
risk; and
``(D) continually monitor and evaluate policy and control
effectiveness of information security practices.
``(b) The authority under subsection (a) includes the authority to--
``(1) oversee and develop policies, principles, standards,
and guidelines for the handling of Federal information and
information resources to improve the efficiency and
effectiveness of governmental operations, including principles,
policies, and guidelines for the implementation of agency
responsibilities under applicable law for ensuring the privacy,
confidentiality, and security of Federal information;
``(2) consistent with the standards and guidelines
promulgated under section 5131 of the Clinger-Cohen Act of 1996
(40 U.S.C. 1441) and sections 5 and 6 of the Computer Security
Act of 1987 (40 U.S.C. 1441 note; Public Law 100-235; 101 Stat.
1729), require Federal agencies to identify and afford security
protections commensurate with the risk and magnitude of the harm
resulting from the loss, misuse, or unauthorized access to or
modification of information collected or maintained by or on
behalf of an agency;
``(3) direct the heads of agencies to--
``(A) identify, use, and share best security
practices;
``(B) develop an agencywide information security
plan;
``(C) incorporate information security principles
and practices throughout the life cycles of the agency's
information systems; and
``(D) ensure that the agency's information security
plan is practiced throughout all life cycles of the
agency's information systems;
``(4) oversee the development and implementation of
standards and guidelines relating to security controls for
Federal computer systems by the Secretary of Commerce through
the National Institute of Standards and Technology under section
5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and
section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3);
``(5) oversee and coordinate compliance with this section in
a manner consistent with--
``(A) sections 552 and 552a of title 5;
``(B) sections 20 and 21 of the National Institute
of Standards and Technology Act (15 U.S.C. 278g-3 and
278g-4);
[[Page 114 STAT. 1654A-268]]
``(C) section 5131 of the Clinger-Cohen Act of 1996
(40 U.S.C. 1441);
``(D) sections 5 and 6 of the Computer Security Act
of 1987 (40 U.S.C. 1441 note; Public Law 100-235; 101
Stat. 1729); and
``(E) related information management laws; and
``(6) take any authorized action under section 5113(b)(5) of
the Clinger-Cohen Act of 1996 (40 U.S.C. 1413(b)(5)) that the
Director considers appropriate, including any action involving
the budgetary process or appropriations management process, to
enforce accountability of the head of an agency for information
resources management, including the requirements of this
subchapter, and for the investments made by the agency in
information technology, including--
``(A) recommending a reduction or an increase in any
amount for information resources that the head of the
agency proposes for the budget submitted to Congress
under section 1105(a) of title 31;
``(B) reducing or otherwise adjusting apportionments
and reapportionments of appropriations for information
resources; and
``(C) using other authorized administrative controls
over appropriations to restrict the availability of
funds for information resources.
``(c) The authorities of the Director under this section (other than
the authority described in subsection (b)(6))--
``(1) shall be delegated to the Secretary of Defense, the
Director of Central Intelligence, and another agency head as
designated by the President in the case of systems described
under subparagraphs (A) and (B) of section 3532(b)(2);
``(2) shall be delegated to the Secretary of Defense in the
case of systems described under subparagraph (C) of section
3532(b)(2) that are operated by the Department of Defense, a
contractor of the Department of Defense, or another entity on
behalf of the Department of Defense; and
``(3) in the case of all other Federal information systems,
may be delegated only to the Deputy Director for Management of
the Office of Management and Budget.
``Sec. 3534. Federal agency responsibilities
``(a) The head of each agency shall--
``(1) be responsible for--
``(A) adequately ensuring the integrity,
confidentiality, authenticity, availability, and
nonrepudiation of information and information systems
supporting agency operations and assets;
``(B) developing and implementing information
security policies, procedures, and control techniques
sufficient to afford security protections commensurate
with the risk and magnitude of the harm resulting from
unauthorized disclosure, disruption, modification, or
destruction of information collected or maintained by or
for the agency; and
``(C) ensuring that the agency's information
security plan is practiced throughout the life cycle of
each agency system;
``(2) ensure that appropriate senior agency officials are
responsible for--
[[Page 114 STAT. 1654A-269]]
``(A) assessing the information security risks
associated with the operations and assets for programs
and systems over which such officials have control;
``(B) determining the levels of information security
appropriate to protect such operations and assets; and
``(C) periodically testing and evaluating
information security controls and techniques;
``(3) delegate to the agency Chief Information Officer
established under section 3506, or a comparable official in an
agency not covered by such section, the authority to administer
all functions under this subchapter including--
``(A) designating a senior agency information
security official who shall report to the Chief
Information Officer or a comparable official;
``(B) developing and maintaining an agencywide
information security program as required under
subsection (b);
``(C) ensuring that the agency effectively
implements and maintains information security policies,
procedures, and control techniques;
``(D) training and overseeing personnel with
significant responsibilities for information security
with respect to such responsibilities; and
``(E) assisting senior agency officials concerning
responsibilities under paragraph (2);
``(4) ensure that the agency has trained personnel
sufficient to assist the agency in complying with the
requirements of this subchapter and related policies,
procedures, standards, and guidelines; and
``(5) ensure that the agency Chief Information Officer, in
coordination with senior agency officials, periodically--
``(A)(i) evaluates the effectiveness of the agency
information security program, including testing control
techniques; and
``(ii) implements appropriate remedial actions based
on that evaluation; and
``(B) reports to the agency head on--
``(i) the results of such tests and
evaluations; and
``(ii) the progress of remedial actions.
``(b)(1) Each agency shall develop and implement an agencywide
information security program to provide information security for the
operations and assets of the agency, including operations and assets
provided or managed by another agency.
``(2) Each program under this subsection shall include--
``(A) periodic risk assessments that consider internal and
external threats to--
``(i) the integrity, confidentiality, and
availability of systems; and
``(ii) data supporting critical operations and
assets;
``(B) policies and procedures that--
``(i) are based on the risk assessments required
under subparagraph (A) that cost-effectively reduce
information security risks to an acceptable level; and
``(ii) ensure compliance with--
``(I) the requirements of this subchapter;
``(II) policies and procedures as may be
prescribed by the Director; and
[[Page 114 STAT. 1654A-270]]
``(III) any other applicable requirements;
``(C) security awareness training to inform personnel of--
``(i) information security risks associated with the
activities of personnel; and
``(ii) responsibilities of personnel in complying
with agency policies and procedures designed to reduce
such risks;
``(D) periodic management testing and evaluation of the
effectiveness of information security policies and procedures;
``(E) a process for ensuring remedial action to address any
significant deficiencies; and
``(F) procedures for detecting, reporting, and responding to
security incidents, including--
``(i) mitigating risks associated with such
incidents before substantial damage occurs;
``(ii) notifying and consulting with law enforcement
officials and other offices and authorities;
``(iii) notifying and consulting with an office
designated by the Administrator of General Services
within the General Services Administration; and
``(iv) notifying and consulting with an office
designated by the Secretary of Defense, the Director of
Central Intelligence, and another agency head as
designated by the President for incidents involving
systems described under subparagraphs (A) and (B) of
section 3532(b)(2).
``(3) Each program under this subsection is subject to the approval
of the Director and is required to be reviewed at least annually by
agency program officials in consultation with the Chief Information
Officer. In the case of systems described under subparagraphs (A) and
(B) of section 3532(b)(2), the Director shall delegate approval
authority under this paragraph to the Secretary of Defense, the Director
of Central Intelligence, and another agency head as designated by the
President.
``(c)(1) Each agency shall examine the adequacy and effectiveness of
information security policies, procedures, and practices in plans and
reports relating to--
``(A) annual agency budgets;
``(B) information resources management under subchapter I of
this chapter;
``(C) performance and results based management under the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.);
``(D) program performance under sections 1105 and 1115
through 1119 of title 31, and sections 2801 through 2805 of
title 39; and
``(E) financial management under--
``(i) chapter 9 of title 31, United States Code, and
the Chief Financial Officers Act of 1990 (31 U.S.C. 501
note; Public Law 101-576) (and the amendments made by
that Act);
``(ii) the Federal Financial Management Improvement
Act of 1996 (31 U.S.C. 3512 note) (and the amendments
made by that Act); and
``(iii) the internal controls conducted under
section 3512 of title 31.
``(2) Any significant deficiency in a policy, procedure, or practice
identified under paragraph (1) shall be reported as a material
[[Page 114 STAT. 1654A-271]]
weakness in reporting required under the applicable provision of law
under paragraph (1).
``(d)(1) In addition to the requirements of subsection (c), each
agency, in consultation with the Chief Information Officer, shall
include as part of the performance plan required under section 1115 of
title 31 a description of--
``(A) the time periods; and
``(B) the resources, including budget, staffing, and
training,
which are necessary to implement the program required under subsection
(b)(1).
``(2) The description under paragraph (1) shall be based on the risk
assessment required under subsection (b)(2)(A).
``Sec. 3535. Annual independent evaluation
``(a)(1) Each year each agency shall have performed an independent
evaluation of the information security program and practices of that
agency.
``(2) Each evaluation by an agency under this section shall
include--
``(A) testing of the effectiveness of information security
control techniques for an appropriate subset of the agency's
information systems; and
``(B) an assessment (made on the basis of the results of the
testing) of the compliance with--
``(i) the requirements of this subchapter; and
``(ii) related information security policies,
procedures, standards, and guidelines.
``(3) The Inspector General or the independent evaluator performing
an evaluation under this section may use an audit, evaluation, or report
relating to programs or practices of the applicable agency.
``(b)(1)(A) Subject to subparagraph (B), for agencies with
Inspectors General appointed under the Inspector General Act of 1978 (5
U.S.C. App.) or any other law, the annual evaluation required under this
section or, in the case of systems described under subparagraphs (A) and
(B) of section 3532(b)(2), an audit of the annual evaluation required
under this section, shall be performed by the Inspector General or by an
independent evaluator, as determined by the Inspector General of the
agency.
``(B) For systems described under subparagraphs (A) and (B) of
section 3532(b)(2), the evaluation required under this section shall be
performed only by an entity designated by the Secretary of Defense, the
Director of Central Intelligence, or another agency head as designated
by the President.
``(2) For any agency to which paragraph (1) does not apply, the head
of the agency shall contract with an independent evaluator to perform
the evaluation.
``(c) Each year, not later than the anniversary of the date of the
enactment of this subchapter, the applicable agency head shall submit to
the Director--
``(1) the results of each evaluation required under this
section, other than an evaluation of a system described under
subparagraph (A) or (B) of section 3532(b)(2); and
``(2) the results of each audit of an evaluation required
under this section of a system described under subparagraph (A)
or (B) of section 3532(b)(2).
[[Page 114 STAT. 1654A-272]]
``(d)(1) The Director shall submit to Congress each year a report
summarizing the materials received from agencies pursuant to subsection
(c) in that year.
``(2) Evaluations and audits of evaluations of systems under the
authority and control of the Director of Central Intelligence and
evaluations and audits of evaluation of National Foreign Intelligence
Programs systems under the authority and control of the Secretary of
Defense shall be made available only to the appropriate oversight
committees of Congress, in accordance with applicable laws.
``(e) Agencies and evaluators shall take appropriate actions to
ensure the protection of information, the disclosure of which may
adversely affect information security. Such protections shall be
commensurate with the risk and comply with all applicable laws.
``Sec. 3536. Expiration
``This subchapter shall not be in effect after the date that is two
years after the date on which this subchapter takes effect.''.
SEC. 1062. RESPONSIBILITIES OF CERTAIN AGENCIES.
(a) Department of Commerce.--Notwithstanding section 20 of the
National Institute of Standards and Technology Act (15 U.S.C. 278g-3)
and except as provided under subsection (b), the Secretary of Commerce,
through the National Institute of Standards and Technology and with
technical assistance from the National Security Agency, as required or
when requested, shall--
(1) develop, issue, review, and update standards and
guidance for the security of Federal information systems,
including development of methods and techniques for security
systems and validation programs;
(2) develop, issue, review, and update guidelines for
training in computer security awareness and accepted computer
security practices, with assistance from the Office of Personnel
Management;
(3) provide agencies with guidance for security planning to
assist in the development of applications and system security
plans for such agencies;
(4) provide guidance and assistance to agencies concerning
cost-effective controls when interconnecting with other systems;
and
(5) evaluate information technologies to assess security
vulnerabilities and alert Federal agencies of such
vulnerabilities as soon as those vulnerabilities are known.
(b) Department of Defense and the Intelligence Community.--
(1) In general.--Notwithstanding any other provision of this
subtitle (including any amendment made by this subtitle)--
(A) the Secretary of Defense, the Director of
Central Intelligence, and another agency head as
designated by the President, shall, consistent with
their respective authorities--
(i) develop and issue information security
policies, standards, and guidelines for systems
described under subparagraphs (A) and (B) of
section 3532(b)(2) of title 44, United States Code
(as added by section 1061 of this Act), that
provide more stringent protection, to
[[Page 114 STAT. 1654A-273]]
the maximum extent practicable, than the policies,
principles, standards, and guidelines required
under section 3533 of such title (as added by such
section 1061); and
(ii) ensure the implementation of the
information security policies, principles,
standards, and guidelines described under clause
(i); and
(B) the Secretary of Defense shall, consistent with
his authority--
(i) develop and issue information security
policies, standards, and guidelines for systems
described under subparagraph (C) of section
3532(b)(2) of title 44, United States Code (as
added by section 1061 of this Act), that are
operated by the Department of Defense, a
contractor of the Department of Defense, or
another entity on behalf of the Department of
Defense that provide more stringent protection, to
the maximum extent practicable, than the policies,
principles, standards, and guidelines required
under section 3533 of such title (as added by such
section 1061); and
(ii) ensure the implementation of the
information security policies, principles,
standards, and guidelines described under clause
(i).
(2) Measures addressed.--The policies, principles,
standards, and guidelines developed by the Secretary of Defense
and the Director of Central Intelligence under paragraph (1)
shall address the full range of information assurance measures
needed to protect and defend Federal information and information
systems by ensuring their integrity, confidentiality,
authenticity, availability, and nonrepudiation.
(c) Department of Justice.--The Attorney General shall review and
update guidance to agencies on--
(1) legal remedies regarding security incidents and ways to
report to and work with law enforcement agencies concerning such
incidents; and
(2) lawful uses of security techniques and technologies.
(d) General Services Administration.--The Administrator of General
Services shall--
(1) review and update General Services Administration
guidance to agencies on addressing security considerations when
acquiring information technology; and
(2) assist agencies in--
(A) fulfilling agency responsibilities under section
3534(b)(2)(F) of title 44, United States Code (as added
by section 1061 of this Act); and
(B) the acquisition of cost-effective security
products, services, and incident response capabilities.
(e) Office of Personnel Management.--The Director of the Office of
Personnel Management shall--
(1) review and update Office of Personnel Management
regulations concerning computer security training for Federal
civilian employees;
(2) assist the Department of Commerce in updating and
maintaining guidelines for training in computer security
awareness and computer security best practices; and
[[Page 114 STAT. 1654A-274]]
(3) work with the National Science Foundation and other
agencies on personnel and training initiatives (including
scholarships and fellowships, as authorized by law) as necessary
to ensure that the Federal Government--
(A) has adequate sources of continuing information
security education and training available for employees;
and
(B) has an adequate supply of qualified information
security professionals to meet agency needs.
(f ) Information Security Policies, Principles, Standards, and
Guidelines.--
(1) Adoption of policies, principles, standards, and
guidelines of other agencies.--The policies, principles,
standards, and guidelines developed under subsection (b) by the
Secretary of Defense, the Director of Central Intelligence, and
another agency head as designated by the President may be
adopted, to the extent that such policies are consistent with
policies and guidance developed by the Director of the Office of
Management and Budget and the Secretary of Commerce--
(A) by the Director of the Office of Management and
Budget, as appropriate, for application to the mission
critical systems of all agencies; or
(B) by an agency head, as appropriate, for
application to the mission critical systems of that
agency.
(2) Development of more stringent policies, principles,
standards, and guidelines.--To the extent that such policies are
consistent with policies and guidance developed by the Director
of the Office of Management and Budget and the Secretary of
Commerce, an agency may develop and implement information
security policies, principles, standards, and guidelines that
provide more stringent protection than those required under
section 3533 of title 44, United States Code (as added by
section 1061 of this Act), or subsection (a) of this section.
(g) Atomic Energy Act of 1954.--Nothing in this subtitle (including
any amendment made by this subtitle) shall supersede any requirement
made by, or under, the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.). Restricted Data or Formerly Restricted Data shall be handled,
protected, classified, downgraded, and declassified in conformity with
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
SEC. 1063. RELATIONSHIP OF DEFENSE INFORMATION ASSURANCE PROGRAM TO
GOVERNMENT-WIDE INFORMATION SECURITY PROGRAM.
(a) Consistency of Requirements.--Subsection (b) of section 2224 of
title 10, United States Code, is amended--
(1) by striking ``(b) Objectives of the Program.--'' and
inserting ``(b) Objectives and Minimum Requirements.--(1)''; and
(2) by adding at the end the following:
``(2) The program shall at a minimum meet the requirements of
sections 3534 and 3535 of title 44.''.
(b) Addition to Annual Report.--Subsection (e) of such section is
amended by adding at the end the following new paragraph:
[[Page 114 STAT. 1654A-275]]
``(7) A summary of the actions taken in the administration
of sections 3534 and 3535 of title 44 within the Department of
Defense.''.
SEC. 1064. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Sections.--Chapter 35 of title 44, United States Code,
is amended--
(1) in the table of sections--
(A) by inserting after the chapter heading the
following:
``SUBCHAPTER I--FEDERAL INFORMATION POLICY'';
and
(B) by inserting after the item relating to section
3520 the following:
``SUBCHAPTER II--INFORMATION SECURITY
``Sec.
``3531. Purposes.
``3532. Definitions.
``3533. Authority and functions of the Director.
``3534. Federal agency responsibilities.
``3535. Annual independent evaluation.
``3536. Expiration.'';
and
(2) by inserting before section 3501 the following:
``SUBCHAPTER I--FEDERAL INFORMATION POLICY''.
(b) References to Chapter 35.--Sections 3501 through 3520 of title
44, United States Code, are amended by striking ``chapter'' each place
it appears and inserting ``subchapter'', except in section 3507(i)(1) of
such title.
SEC. 1065. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect 30 days after the date of the enactment of this Act.
Subtitle H--Security Matters
SEC. 1071. LIMITATION ON GRANTING OF SECURITY CLEARANCES.
(a) In General.--Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 986. Security clearances: limitations
``(a) Prohibition.--After the date of the enactment of this section,
the Department of Defense may not grant or renew a security clearance
for a person to whom this section applies who is described in subsection
(c).
``(b) Covered Persons.--This section applies to the following
persons:
``(1) An officer or employee of the Department of Defense.
``(2) A member of the Army, Navy, Air Force, or Marine Corps
who is on active duty or is in an active status.
``(3) An officer or employee of a contractor of the
Department of Defense.
``(c) Persons Disqualified From Being Granted Security Clearances.--
A person is described in this subsection if any of the following applies
to that person:
[[Page 114 STAT. 1654A-276]]
``(1) The person has been convicted in any court of the
United States of a crime and sentenced to imprisonment for a
term exceeding one year.
``(2) The person is an unlawful user of, or is addicted to,
a controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)).
``(3) The person is mentally incompetent, as determined by a
mental health professional approved by the Department of
Defense.
``(4) The person has been discharged or dismissed from the
Armed Forces under dishonorable conditions.
``(d) Waiver Authority.--In a meritorious case, the Secretary of
Defense or the Secretary of the military department concerned may
authorize an exception to the prohibition in subsection (a) for a person
described in paragraph (1) or (4) of subsection (c). The authority under
the preceding sentence may not be delegated.
``(e) Annual Report.--Not later than February 1 each year, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report identifying each waiver
issued under subsection (d) during the preceding year with an
explanation for each case of the disqualifying factor in subsection (c)
that applied, and the reason for the waiver of the disqualification.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``986. Security clearances: limitations.''.
SEC. 1072. PROCESS FOR PRIORITIZING BACKGROUND INVESTIGATIONS FOR
SECURITY CLEARANCES FOR DEPARTMENT OF DEFENSE PERSONNEL AND
DEFENSE CONTRACTOR PERSONNEL.
(a) Establishment of Process.--Chapter 80 of title 10, United States
Code, is amended by adding after section 1563, as added by section
542(a), the following new section:
``Sec. 1564. Security clearance investigations
``(a) Expedited Process.--The Secretary of Defense shall prescribe a
process for expediting the completion of the background investigations
necessary for granting security clearances for Department of Defense
personnel and Department of Defense contractor personnel who are engaged
in sensitive duties that are critical to the national security.
``(b) Required Features.--The process developed under subsection (a)
shall provide for the following:
``(1) Quantification of the requirements for background
investigations necessary for grants of security clearances for
Department of Defense personnel and Department of Defense
contractor personnel.
``(2) Categorization of personnel on the basis of the degree
of sensitivity of their duties and the extent to which those
duties are critical to the national security.
``(3) Prioritization of the processing of background
investigations on the basis of the categories of personnel
determined under paragraph (2).
``(c) Annual Review.--The Secretary shall conduct an annual review
of the process prescribed under subsection (a) and shall
[[Page 114 STAT. 1654A-277]]
revise that process as determined necessary in relation to ongoing
Department of Defense missions.
``(d) Consultation Requirement.--The Secretary shall consult with
the Secretaries of the military departments and the heads of Defense
Agencies in carrying out this section.
``(e) Sensitive Duties.--For the purposes of this section, it is not
necessary for the performance of duties to involve classified activities
or classified matters in order for the duties to be considered sensitive
and critical to the national security.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
1563, as added by section 542(b), the following new item:
``1564. Security clearance investigations.''.
(c) Deadline for Prescribing Process for Prioritizing Background
Investigations for Security Clearances.--The process required by section
1564(a) of title 10, United States Code, as added by subsection (a), for
expediting the completion of the background investigations necessary for
granting security clearances for certain persons shall be prescribed not
later than January 1, 2001.
SEC. 1073. AUTHORITY TO WITHHOLD CERTAIN SENSITIVE INFORMATION FROM
PUBLIC DISCLOSURE.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 130b the following new section:
``Sec. 130c. Nondisclosure of information: certain sensitive information
of foreign governments and international
organizations
``(a) Exemption From Disclosure.--The national security official
concerned (as defined in subsection (h)) may withhold from public
disclosure otherwise required by law sensitive information of foreign
governments in accordance with this section.
``(b) Information Eligible for Exemption.--For the purposes of this
section, information is sensitive information of a foreign government
only if the national security official concerned makes each of the
following determinations with respect to the information:
``(1) That the information was provided by, otherwise made
available by, or produced in cooperation with, a foreign
government or international organization.
``(2) That the foreign government or international
organization is withholding the information from public
disclosure (relying for that determination on the written
representation of the foreign government or international
organization to that effect).
``(3) That any of the following conditions are met:
``(A) The foreign government or international
organization requests, in writing, that the information
be withheld.
``(B) The information was provided or made available
to the United States Government on the condition that it
not be released to the public.
``(C) The information is an item of information, or
is in a category of information, that the national
security official concerned has specified in regulations
prescribed under subsection (f ) as being information
the release of
[[Page 114 STAT. 1654A-278]]
which would have an adverse effect on the ability of the
United States Government to obtain the same or similar
information in the future.
``(c) Information of Other Agencies.--If the national security
official concerned provides to the head of another agency sensitive
information of a foreign government, as determined by that national
security official under subsection (b), and informs the head of the
other agency of that determination, then the head of the other agency
shall withhold the information from any public disclosure unless that
national security official specifically authorizes the disclosure.
``(d) Limitations.--(1) If a request for disclosure covers any
sensitive information of a foreign government (as described in
subsection (b)) that came into the possession or under the control of
the United States Government before the date of the enactment of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
and more than 25 years before the request is received by an agency, the
information may be withheld only as set forth in paragraph (3).
``(2)(A) If a request for disclosure covers any sensitive
information of a foreign government (as described in subsection (b))
that came into the possession or under the control of the United States
Government on or after the date referred to in paragraph (1), the
authority to withhold the information under this section is subject to
the provisions of subparagraphs (B) and (C).
``(B) Information referred to in subparagraph (A) may not be
withheld under this section after--
``(i) the date that is specified by a foreign government or
international organization in a request or expression of a
condition described in paragraph (1) or (2) of subsection (b)
that is made by the foreign government or international
organization concerning the information; or
``(ii) if there are more than one such foreign governments
or international organizations, the latest date so specified by
any of them.
``(C) If no date is applicable under subparagraph (B) to a request
referred to in subparagraph (A) and the information referred to in that
subparagraph came into possession or under the control of the United
States more than 10 years before the date on which the request is
received by an agency, the information may be withheld under this
section only as set forth in paragraph (3).
``(3) Information referred to in paragraph (1) or (2)(C) may be
withheld under this section in the case of a request for disclosure only
if, upon the notification of each foreign government and international
organization concerned in accordance with the regulations prescribed
under subsection (g)(2), any such government or organization requests in
writing that the information not be disclosed for an additional period
stated in the request of that government or organization. After the
national security official concerned considers the request of the
foreign government or international organization, the official shall
designate a later date as the date after which the information is not to
be withheld under this section. The later date may be extended in
accordance with a later request of any such foreign government or
international organization under this paragraph.
``(e) Information Protected Under Other Authority.--This section
does not apply to information or matters that are specifically
[[Page 114 STAT. 1654A-279]]
required in the interest of national defense or foreign policy to be
protected against unauthorized disclosure under criteria established by
an Executive order and are classified, properly, at the confidential,
secret, or top secret level pursuant to such Executive order.
``(f ) Disclosures Not Affected.--Nothing in this section shall be
construed to authorize any official to withhold, or to authorize the
withholding of, information from the following:
``(1) Congress.
``(2) The Comptroller General, unless the information
relates to activities that the President designates as foreign
intelligence or counterintelligence activities.
``(g) Regulations.--(1) The national security officials referred to
in subsection (h)(1) shall each prescribe regulations to carry out this
section. The regulations shall include criteria for making the
determinations required under subsection (b). The regulations may
provide for controls on access to and use of, and special markings and
specific safeguards for, a category or categories of information subject
to this section.
``(2) The regulations shall include procedures for notifying and
consulting with each foreign government or international organization
concerned about requests for disclosure of information to which this
section applies.
``(h) Definitions.--In this section:
``(1) The term `national security official concerned' means
the following:
``(A) The Secretary of Defense, with respect to
information of concern to the Department of Defense, as
determined by the Secretary.
``(B) The Secretary of Transportation, with respect
to information of concern to the Coast Guard, as
determined by the Secretary, but only while the Coast
Guard is not operating as a service in the Navy.
``(C) The Secretary of Energy, with respect to
information concerning the national security programs of
the Department of Energy, as determined by the
Secretary.
``(2) The term `agency' has the meaning given that term in
section 552(f ) of title 5.
``(3) The term `international organization' means the
following:
``(A) A public international organization designated
pursuant to section 1 of the International Organizations
Immunities Act (59 Stat. 669; 22 U.S.C. 288) as being
entitled to enjoy the privileges, exemptions, and
immunities provided in such Act.
``(B) A public international organization created
pursuant to a treaty or other international agreement as
an instrument through or by which two or more foreign
governments engage in some aspect of their conduct of
international affairs.
``(C) An official mission, except a United States
mission, to a public international organization referred
to in subparagraph (A) or (B).''.
[[Page 114 STAT. 1654A-280]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
130b the following new item:
``130c. Nondisclosure of information: certain sensitive information of
foreign governments and international organizations.''.
SEC. 1074. EXPANSION OF AUTHORITY TO EXEMPT GEODETIC PRODUCTS OF THE
DEPARTMENT OF DEFENSE FROM PUBLIC DISCLOSURE.
Section 455(b)(1)(C) of title 10, United States Code, is amended by
striking ``or reveal military operational or contingency plans'' and
inserting ``, reveal military operational or contingency plans, or
reveal, jeopardize, or compromise military or intelligence
capabilities''.
SEC. 1075. EXPENDITURES FOR DECLASSIFICATION ACTIVITIES.
(a) Identification in Budget Materials of Amounts for
Declassification Activities.--Section 230 of title 10, United States
Code, is amended--
(1) by striking ``, as a budgetary line item,''; and
(2) by adding at the end the following new sentence:
``Identification of such amounts in such budget justification
materials shall be in a single display that shows the total
amount for the Department of Defense and the amount for each
military department and Defense Agency.''.
(b) Limitation on Expenditures.--The total amount expended by the
Department of Defense during fiscal year 2001 to carry out
declassification activities under the provisions of sections 3.4, 3.5,
and 3.6 of Executive Order 12958 (50 U.S.C. 435 note) and for special
searches (including costs for document search, copying, and review and
imagery analysis) may not exceed $30,000,000.
(c) Compilation and Organization of Records.--The Department of
Defense may not be required, when conducting a special search, to
compile or organize records that have already been declassified and
placed into the public domain.
(d) Special Searches.--For the purpose of this section, the term
``special search'' means the response of the Department of Defense to
any of the following:
(1) A statutory requirement to conduct a declassification
review on a specified set of agency records.
(2) An Executive order to conduct a declassification review
on a specified set of agency records.
(3) An order from the President or an official with
delegated authority from the President to conduct a
declassification review on a specified set of agency records.
SEC. 1076. ENHANCED ACCESS TO CRIMINAL HISTORY RECORD INFORMATION FOR
NATIONAL SECURITY AND OTHER PURPOSES.
(a) Coverage of Department of Transportation.--Section 9101 of title
5, United States Code, is amended--
(1) by adding at the end of subsection (a) the following new
paragraph:
``(6) The term `covered agency' means any of the following:
``(A) The Department of Defense.
``(B) The Department of State.
``(C) The Department of Transportation.
``(D) The Office of Personnel Management.
[[Page 114 STAT. 1654A-281]]
``(E) The Central Intelligence Agency.
``(F) The Federal Bureau of Investigation.'';
(2) in subsection (b)(1)--
(A) by striking ``by the Department of Defense'' and
all that follows through ``Federal Bureau of
Investigation'' and inserting ``by the head of a covered
agency''; and
(B) by striking ``such department, office, agency,
or bureau'' and inserting ``that covered agency''; and
(3) in subsection (c), by striking ``The Department of
Defense'' and all that follows through ``Federal Bureau of
Investigation'' and inserting ``A covered agency''.
(b) Repeal of Expired Provision.--Subsection (b) of such section is
amended by striking paragraph (3).
(c) Expanded Purposes for Access to Criminal History Information.--
Subsection (b) of such section is further amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) in the first sentence of paragraph (1)--
(A) by inserting ``any of the following:'' after
``eligibility for''; and
(B) by striking ``(A) access to classified
information'' and all that follows through the end of
the sentence and inserting the following:
``(A) Access to classified information.
``(B) Assignment to or retention in sensitive national
security duties.
``(C) Acceptance or retention in the armed forces.
``(D) Appointment, retention, or assignment to a position of
public trust or a critical or sensitive position while either
employed by the Government or performing a Government
contract.'';
(3) by designating the second sentence of paragraph (1) as
paragraph (2); and
(4) by designating the third sentence of paragraph (1) as
paragraph (3) and in that sentence by striking ``, nor shall''
and all that follows through the end of the sentence and
inserting a period.
(d) Use of Automated Information Delivery Systems.--Such section is
further amended--
(1) by redesignating subsection (e) as subsection (f ); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e)(1) Automated information delivery systems shall be used to
provide criminal history record information to a covered agency under
subsection (b) whenever available.
``(2) Fees, if any, charged for automated access through such
systems may not exceed the reasonable cost of providing such access.
``(3) The criminal justice agency providing the criminal history
record information through such systems may not limit disclosure on the
basis that the repository is accessed from outside the State.
``(4) Information provided through such systems shall be the full
and complete criminal history record.
``(5) Criminal justice agencies shall accept and respond to requests
for criminal history record information through such systems with
printed or photocopied records when requested.''.
(e) Technical Amendments.--Subsection (a) of such section is
amended--
[[Page 114 STAT. 1654A-282]]
(1) in paragraph (1), by striking ``includes'' and all that
follows through ``thereof which'' and inserting ``means (A) any
Federal, State, or local court, and (B) any Federal, State, or
local agency, or any subunit thereof, which''; and
(2) in paragraph (4)--
(A) by inserting ``the Commonwealth of'' before
``the Northern Mariana Islands''; and
(B) by striking ``the Trust Territory of the Pacific
Islands,''.
(f ) Conforming Amendments.--(1)(A) The heading for chapter 91 of
title 5, United States Code, is amended to read as follows:
``CHAPTER 91--ACCESS TO CRIMINAL HISTORY RECORDS FOR NATIONAL SECURITY
AND OTHER PURPOSES''.
(B) The item relating to chapter 91 in the table of chapters at the
beginning of part III of such title is amended to read as follows:
``91. Access to Criminal History Records for National Security and
Other Purposes...................................................9101''.
(2)(A) The heading of section 9101 of such title is amended to read
as follows:
``Sec. 9101. Access to criminal history records for national security
and other purposes''.
(B) The item relating to that section in the table of sections at
the beginning of chapter 91 of such title is amended to read as follows:
``9101. Access to criminal history records for national security and
other purposes.''.
(g) Repeal of Superseded Provision.--(1) Section 520a of title 10,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 31 of such
title is amended by striking the item relating to section 520a.
SEC. 1077. TWO-YEAR EXTENSION OF AUTHORITY TO ENGAGE IN COMMERCIAL
ACTIVITIES AS SECURITY FOR INTELLIGENCE COLLECTION
ACTIVITIES.
Section 431(a) of title 10, United States Code, is amended in the
second sentence by striking ``December 31, 2000'' and inserting
``December 31, 2002''.
SEC. 1078. COORDINATION OF NUCLEAR WEAPONS SECRECY POLICIES AND
CONSIDERATION OF HEALTH OF WORKERS AT FORMER DEPARTMENT OF
DEFENSE NUCLEAR FACILITIES.
(a) Review of Secrecy Policies.--(1) The Secretary of Defense shall
review classification and security policies of the Department of Defense
in order to ensure that, within appropriate national security
constraints, those policies do not prevent or discourage former defense
nuclear weapons facility employees who may have been exposed to
radioactive or other hazardous substances associated with nuclear
weapons from discussing such exposures with appropriate health care
providers and with other appropriate officials.
(2) The policies reviewed under paragraph (1) shall include the
policy to neither confirm nor deny the presence of nuclear
[[Page 114 STAT. 1654A-283]]
weapons as that policy is applied to former defense nuclear weapons
facilities.
(b) Definitions.--For purposes of this section:
(1) The term ``former defense nuclear weapons facility
employees'' means employees and former employees of the
Department of Defense who are or were employed at a site that,
as of the date of the enactment of this Act, is a former defense
nuclear weapons facility.
(2) The term ``former defense nuclear weapons facility''
means a current or former Department of Defense site in the
United States which at one time was a defense nuclear weapons
facility but which no longer contains nuclear weapons or
materials and otherwise is no longer used for such purpose.
(3) The term ``defense nuclear weapons facility'' means a
Department of Defense site in the United States at which nuclear
weapons or materials are stored, assembled, disassembled, or
maintained.
(c) Notification of Affected Employees.--(1) The Secretary of
Defense shall seek to identify individuals--
(A) who are former defense nuclear weapons facility
employees; and
(B) who, while employed at a defense nuclear weapons
facility, may have been exposed to radioactive or hazardous
substances associated with nuclear weapons.
(2) Upon identification of any individual under paragraph (1), the
Secretary of Defense shall notify that individual, by mail or other
individual means, of any such exposure to radioactive or hazardous
substances associated with nuclear weapons that has been identified by
the Secretary. The notification shall include an explanation of how (or
the degree to which) that individual can discuss any such exposure with
a health care provider who does not hold a security clearance without
violating security or classification procedures and, if necessary,
provide guidance to facilitate the ability of that individual to contact
a health care provider with appropriate security clearances or otherwise
to discuss such exposures with other officials who are determined by the
Secretary of Defense to be appropriate.
(d) Report.--Not later than May 1, 2001, 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
setting forth--
(1) the results of the review conducted under subsection
(a), including any changes made or recommendations for
legislation; and
(2) the status of the notifications required by subsection
(b) and an anticipated date by which the identification and
notification of individuals under that subsection will be
completed.
(e) Consultation with Secretary of Energy.--The Secretary of Defense
shall carry out the review under subsection (a) and the identification
of individuals under subsection (b), and shall prepare the report under
subsection (c), in consultation with the Secretary of Energy.
[[Page 114 STAT. 1654A-284]]
Subtitle I--Other Matters
SEC. 1081. FUNDS FOR ADMINISTRATIVE EXPENSES UNDER DEFENSE EXPORT LOAN
GUARANTEE PROGRAM.
(a) Authority To Use Operation and Maintenance Funds on an Interim
Basis.--Section 2540c(d) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``Fees.--''; and
(2) by adding at the end the following new paragraph:
``(2)(A) If for any fiscal year amounts in the special account
established under paragraph (1) are not available (or are not
anticipated to be available) in a sufficient amount for administrative
expenses of the Department of Defense for that fiscal year that are
directly attributable to the administration of the program under this
subchapter, the Secretary may use amounts currently available for
operations and maintenance for Defense-wide activities, not to exceed
$500,000 in any fiscal year, for those expenses.
``(B) The Secretary shall, from funds in the special account
established under paragraph (1), replenish operations and maintenance
accounts for amounts expended under subparagraph (A) as soon as the
Secretary determines practicable.''.
(b) Effective Date.--Paragraph (2) of section 2540c(d) of title 10,
United States Code, as added by subsection (a), shall take effect on
October 1, 2000.
(c) Limitation Pending Submission of Report.--The Secretary of
Defense may not exercise the authority provided by paragraph (2) of
section 2540c(d) of title 10, United States Code, as added by subsection
(a), until the Secretary submits to Congress a report on the operation
of the Defense Export Loan Guarantee Program under subchapter V of
chapter 148 of title 10, United States Code. The report shall include
the following:
(1) A discussion of the effectiveness of the loan guarantee
program in furthering the sale of United States defense
articles, defense services, and design and construction services
to nations that are specified in section 2540(b) of such title,
to include a comparison of the loan guarantee program with other
United States Government programs that are intended to
contribute to the sale of United States defense articles,
defense services, and design and construction services and other
comparisons the Secretary determines to be appropriate.
(2) A discussion of the requirements and resources
(including personnel and funds) for continued administration of
the loan guarantee program by the Defense Department, to
include--
(A) an itemization of the requirements necessary and
resources available (or that could be made available) to
administer the loan guarantee program for each of the
following entities: the Defense Security Cooperation
Agency, the Department of Defense International
Cooperation Office, and other Defense Department
agencies, offices, or activities as the Secretary may
specify; and
(B) for each such activity, agency, or office, a
comparison of the use of Defense Department personnel
exclusively to administer, manage, and oversee the
program with the use of contracted commercial entities
to administer and manage the program.
[[Page 114 STAT. 1654A-285]]
(3) Any legislative recommendations that the Secretary
believes could improve the effectiveness of the program.
(4) A determination made by the Secretary of Defense
indicating which Defense Department agency, office, or other
activity should administer, manage, and oversee the loan
guarantee program to increase sales of United States defense
articles, defense services, and design and construction
services, such determination to be made based on the information
and analysis provided in the report.
SEC. 1082. TRANSIT PASS PROGRAM FOR DEPARTMENT OF DEFENSE PERSONNEL IN
POOR AIR QUALITY AREAS.
(a) In General.--(1) Chapter 134 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2259. Transit pass program: personnel in poor air quality areas
``(a) Establishment of Program.--To encourage Department of Defense
personnel assigned to duty, or employed, in poor air quality areas to
use means other than single-occupancy motor vehicles to commute to or
from the location of their duty assignments, the Secretary of Defense
shall exercise the authority provided in section 7905 of title 5 to
establish a program to provide a transit pass benefit under subsection
(b)(2)(A) of that section for members of the Army, Navy, Air Force, and
Marine Corps who are assigned to duty, and to Department of Defense
civilian officers and employees who are employed, in a poor air quality
area.
``(b) Poor Air Quality Areas.--In this section, the term `poor air
quality area' means an area--
``(1) that is subject to the national ambient air quality
standards promulgated by the Administrator of the Environmental
Protection Agency under section 109 of the Clean Air Act (42
U.S.C. 7409); and
``(2) that, as determined by the Administrator of the
Environmental Protection Agency, is a nonattainment area with
respect to any of those standards.''.
(2) The table of sections at the beginning of subchapter II of such
chapter is amended by adding at the end the following new item:
``2259. Transit pass program: personnel in poor air quality areas.''.
(b) Time for Implementation.--The Secretary of Defense shall
prescribe the effective date for the transit pass program required under
section 2259 of title 10, United States Code, as added by subsection
(a). The effective date so prescribed may not be later than the first
day of the first month that begins on or after the date that is 180 days
after the date of the enactment of this Act.
SEC. 1083. TRANSFER OF VIETNAM ERA TA-4 AIRCRAFT TO NONPROFIT
FOUNDATION.
(a) Authority to Convey.--The Secretary of the Navy may convey,
without consideration, to the nonprofit Collings Foundation of Stow,
Massachusetts (in this section referred to as the ``foundation''), all
right, title, and interest of the United States in and to one surplus
TA-4 aircraft that is flyable or that can be readily
[[Page 114 STAT. 1654A-286]]
restored to flyable condition. The conveyance shall be made by means of
a conditional deed of gift.
(b) Condition of Aircraft.--(1) The Secretary may not convey
ownership of an aircraft under subsection (a) until the Secretary
determines that the foundation has altered the aircraft in such manner
as the Secretary determines necessary to ensure that the aircraft does
not have any capability for use as a platform for launching or releasing
munitions or any other combat capability that it was designed to have.
The foundation shall complete any such alteration within one year after
the date of the enactment of this Act.
(2) The Secretary is not required to repair or alter the condition
of the aircraft before conveying ownership of the aircraft.
(c) Reverter Upon Breach of Conditions.--The Secretary shall include
in the instrument of conveyance of the aircraft--
(1) a condition that the foundation not convey any ownership
interest in, or transfer possession of, the aircraft to any
other party without the prior approval of the Secretary;
(2) a condition that the foundation operate and maintain the
aircraft in compliance with all applicable limitations and
maintenance requirements imposed by the Administrator of the
Federal Aviation Administration; and
(3) a condition that if the Secretary determines at any time
that the foundation has conveyed an ownership interest in, or
transferred possession of, the aircraft to any other party
without the prior approval of the Secretary, or has failed to
comply with the condition set forth in paragraph (2), all right,
title, and interest in and to the aircraft, including any repair
or alteration of the aircraft, shall revert to the United
States, and the United States shall have the right of immediate
possession of the aircraft.
(d) Conveyance at No Cost to the United States.--The conveyance of
the aircraft under subsection (a) shall be made at no cost to the United
States. Any costs associated with the conveyance, costs of determining
compliance with subsection (b), and costs of operation and maintenance
of the aircraft conveyed shall be borne by the foundation.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with a conveyance under
this section as the Secretary considers appropriate to protect the
interests of the United States.
(f ) Clarification of Liability.--Notwithstanding any other
provision of law, upon the conveyance of ownership of a TA-4 aircraft to
the foundation under subsection (a), the United States shall not be
liable for any death, injury, loss, or damage that results from any use
of that aircraft by any person other than the United States.
SEC. 1084. TRANSFER OF 19TH CENTURY CANNON TO MUSEUM.
(a) Donation Required.--The Secretary of the Army shall convey,
without consideration, to the Friends of the Cannonball House,
Incorporated (in this section referred to as the ``recipient''), which
is a nonprofit corporation that operates the Cannonball House Museum in
Macon, Georgia, all right, title, and interest of the United States in
and to a 12-pounder Napoleon cannon bearing the following markings:
(1) On the top ``CS''.
[[Page 114 STAT. 1654A-287]]
(2) On the face of the muzzle: ``Macon Arsenal, 1864/No.41/
1164 ET''.
(3) On the right trunnion: ``Macon Arsenal GEO/1864/No.41/
WT.1164/E.T.''.
(b) Additional Terms and Conditions on Conveyance.--The Secretary of
the Army shall include in the instrument of conveyance of the cannon
under subsection (a)--
(1) a condition that the recipient not convey any ownership
interest in, or transfer possession of, the cannon to any other
party without the prior approval of the Secretary; and
(2) a condition that if the Secretary determines at any time
that the recipient has conveyed an ownership interest in, or
transferred possession of, the cannon to any other party without
the prior approval of the Secretary, all right, title, and
interest in and to the cannon shall revert to the United States,
and the United States shall have the right of immediate
possession of the cannon.
(c) Relationship to Other Law.--The conveyance required under this
section may be carried out without regard to the Act entitled ``An Act
for the preservation of American antiquities'', approved June 8, 1906
(16 U.S.C. 431 et seq.), popularly referred to as the ``Antiquities Act
of 1906''.
(d) Acquisition of Replacement Macon Cannon.--If the Secretary of
the Army determines that the Army's inventory of Civil War era cannons
should include an additional cannon documented as having been
manufactured in Macon, Georgia, to replace the cannon conveyed under
subsection (a), the Secretary may acquire such a cannon by donation or
purchase with funds made available for this purpose.
SEC. 1085. FEES FOR PROVIDING HISTORICAL INFORMATION TO THE PUBLIC.
(a) Army.--(1) Chapter 437 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 4595. Army Military History Institute: fee for providing
historical information to the public
``(a) Authority.--Except as provided in subsection (b), the
Secretary of the Army may charge a person a fee for providing the person
with information from the United States Army Military History Institute
that is requested by that person.
``(b) Exceptions.--A fee may not be charged under this section--
``(1) to a person for information that the person requests
to carry out a duty as a member of the armed forces or an
officer or employee of the United States; or
``(2) for a release of information under section 552 of
title 5.
``(c) Limitation on Amount.--A fee charged for providing information
under this section may not exceed the cost of providing the information.
``(d) Retention of Fees.--Amounts received under subsection (a) for
providing information in any fiscal year shall be credited to the
appropriation or appropriations charged the costs of providing
information to the public from the United States Army Military History
Institute during that fiscal year.
``(e) Definitions.--In this section:
[[Page 114 STAT. 1654A-288]]
``(1) The term `United States Army Military History
Institute' means the archive for historical records and
materials of the Army that the Secretary of the Army designates
as the primary archive for such records and materials.
``(2) The terms `officer of the United States' and `employee
of the United States' have the meanings given the terms
`officer' and `employee', respectively, in sections 2104 and
2105, respectively, of title 5.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``4595. Army Military History Institute: fee for providing historical
information to the public.''.
(b) Navy.--(1) Chapter 649 of such title is amended by adding at the
end the following new section:
``Sec. 7582. Naval and Marine Corps Historical Centers: fee for
providing historical information to the public
``(a) Authority.--Except as provided in subsection (b), the
Secretary of the Navy may charge a person a fee for providing the person
with information from the United States Naval Historical Center or the
Marine Corps Historical Center that is requested by that person.
``(b) Exceptions.--A fee may not be charged under this section--
``(1) to a person for information that the person requests
to carry out a duty as a member of the armed forces or an
officer or employee of the United States; or
``(2) for a release of information under section 552 of
title 5.
``(c) Limitation on Amount.--A fee charged for providing information
under this section may not exceed the cost of providing the information.
``(d) Retention of Fees.--Amounts received under subsection (a) for
providing information from the United States Naval Historical Center or
the Marine Corps Historical Center in any fiscal year shall be credited
to the appropriation or appropriations charged the costs of providing
information to the public from that historical center during that fiscal
year.
``(e) Definitions.--In this section:
``(1) The term `United States Naval Historical Center' means
the archive for historical records and materials of the Navy
that the Secretary of the Navy designates as the primary archive
for such records and materials.
``(2) The term `Marine Corps Historical Center' means the
archive for historical records and materials of the Marine Corps
that the Secretary of the Navy designates as the primary archive
for such records and materials.
``(3) The terms `officer of the United States' and `employee
of the United States' have the meanings given the terms
`officer' and `employee', respectively, in sections 2104 and
2105, respectively, of title 5.''.
(2) The heading of such chapter is amended by striking ``related''.
[[Page 114 STAT. 1654A-289]]
(3)(A) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``7582. Naval and Marine Corps Historical Centers: fee for providing
historical information to the public.''.
(B) The item relating to such chapter in the tables of chapters at
the beginning of subtitle C of such title and the beginning of part IV
of such subtitle is amended by striking out ``Related''.
(c) Air Force.--(1) Chapter 937 of such title is amended by adding
at the end the following new section:
``Sec. 9594. Air Force Military History Institute: fee for providing
historical information to the public
``(a) Authority.--Except as provided in subsection (b), the
Secretary of the Air Force may charge a person a fee for providing the
person with information from the United States Air Force Military
History Institute that is requested by that person.
``(b) Exceptions.--A fee may not be charged under this section--
``(1) to a person for information that the person requests
to carry out a duty as a member of the armed forces or an
officer or employee of the United States; or
``(2) for a release of information under section 552 of
title 5.
``(c) Limitation on Amount.--A fee charged for providing information
under this section may not exceed the cost of providing the information.
``(d) Retention of Fees.--Amounts received under subsection (a) for
providing information in any fiscal year shall be credited to the
appropriation or appropriations charged the costs of providing
information to the public from the United States Air Force Military
History Institute during that fiscal year.
``(e) Definitions.--In this section:
``(1) The term `United States Air Force Military History
Institute' means the archive for historical records and
materials of the Air Force that the Secretary of the Air Force
designates as the primary archive for such records and
materials.
``(2) The terms `officer of the United States' and `employee
of the United States' have the meanings given the terms
`officer' and `employee', respectively, in sections 2104 and
2105, respectively, of title 5.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``9594. Air Force Military History Institute: fee for providing
historical information to the public.''.
SEC. 1086. GRANTS TO AMERICAN RED CROSS FOR ARMED FORCES EMERGENCY
SERVICES.
(a) Grants Authorized.--Subject to subsection (b), the Secretary of
Defense may make a grant to the American Red Cross in an amount not to
exceed $9,400,000 in each of fiscal years 2001, 2002, and 2003 for the
support of the Armed Forces Emergency Services program of the American
Red Cross.
(b) Matching Requirement.--The grant under subsection (a) for a
fiscal year may not be made until after the American Red Cross
Incorporated, certifies to the Secretary of Defense that the American
Red Cross will expend for the Armed Forces Emergency
[[Page 114 STAT. 1654A-290]]
Services program for that fiscal year funds, derived from non-Federal
sources, in a total amount that equals or exceeds the amount of the
grant.
SEC. 1087. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 180(d) is amended by striking ``section 5376''
and inserting ``section 5315''.
(2) Section 628(c)(2) is amended by striking ``section'' in
the second sentence after ``rather than the provisions of'' and
inserting ``sections''.
(3) Section 702(b)(2) is amended by striking ``section
230(c)'' and inserting ``section 203(c)''.
(4) Section 706(c) is amended--
(A) by striking ``(1)'' after ``(c)''; and
(B) by striking paragraph (2).
(5) Section 1074g is amended--
(A) in subsection (a)(6), by striking ``as part of
the regulations established'' and inserting ``in the
regulations prescribed'';
(B) in subsection (a)(7), by striking ``not included
on the uniform formulary, but,'' and inserting ``that
are not included on the uniform formulary but that
are'';
(C) in subsection (b)(1), by striking ``required
by'' in the last sentence and inserting ``prescribed
under'';
(D) in subsection (d)(2), by striking ``Not later
than'' and all that follows through ``utilize'' and
inserting ``Effective not later than April 5, 2000, the
Secretary shall use'';
(E) in subsection (e)--
(i) by striking ``Not later than April 1,
2000, the'' and inserting ``The''; and
(ii) by inserting ``in'' before ``the
TRICARE'' and before ``the national'';
(F) in subsection (f )--
(i) by striking ``As used in this section--''
and inserting ``In this section:'';
(ii) by striking ``the'' at the beginning of
paragraphs (1) and (2) and inserting ``The''; and
(iii) by striking ``; and'' at the end of
paragraph (1) and inserting a period; and
(G) in subsection (g), by striking ``promulgate''
and inserting ``prescribe''.
(6) Section 1076c(b)(5)(C) is amended by striking ``pursuant
to subsection (i)(2) of such section''.
(7) Section 1095d(b) is amended by striking
``subparagraphs'' and inserting ``subparagraph''.
(8) Section 1109(b) is amended by striking ``(1)'' before
``The Secretaries''.
(9) Section 1142(b)(4) is amended by striking ``sections
1151, 1152, and 1153 of this title'' and inserting ``sections
1152 and 1153 of this title and the Troops-to-Teachers Program
Act of 1999 (20 U.S.C. 9301 et seq.)''.
(10) Section 1448(b)(3)(E)(ii) is amended by striking the
second comma after ``October 16, 1998''.
(11) Section 1598 is amended--
[[Page 114 STAT. 1654A-291]]
(A) in subsection (d)(2), by inserting ``as in
effect on October 4, 1999,'' after ``of this title,''
both places it appears; and
(B) in subsection (f ), by inserting ``, as in
effect on October 4, 1999,'' after ``of this title''.
(12) Section 2113(f ) is amended--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by designating the penultimate sentence and the
last sentence of paragraph (1) as paragraphs (2) and
(3), respectively.
(13) Section 2401(b)(1)(B) is amended by striking
``Committees on Appropriations'' and inserting ``Committee on
Appropriations''.
(14) Section 2410j is amended--
(A) in subsection (f )(2), by inserting ``as in
effect on October 4, 1999,'' after ``of this title,''
both places it appears; and
(B) in subsection (h), by inserting ``, as in effect
on October 4, 1999,'' after ``of this title''.
(15) Section 2688 is amended by redesignating subsections
(i) and ( j) as subsections (h) and (i), respectively.
(16) Section 2814(k) is amended by inserting ``and'' after
``Balanced Budget''.
(17) Sections 4357(e)(5), 6975(e)(5), and 9356(e)(5) are
amended by inserting a close parenthesis after ``80b-2)''.
(18) Section 5143(c)(2) is amended by striking ``has a
grade'' and inserting ``has the grade of''.
(19) Section 5144(c)(2) is amended by striking ``has a
grade'' and inserting ``has the grade of''.
(20) Section 10218 is amended--
(A) in subsections (a)(1), (b)(1), (b)(2)(A), and
(b)(2)(B)(ii), by striking ``the date of the enactment
of this section'' each place it appears and inserting
``October 5, 1999,'';
(B) in subsections (a)(3)(B)(i) and (b)(2)(B)(i), by
striking ``the end of the one-year period beginning on
the date of the enactment of this subsection'' and
inserting ``October 5, 2000'';
(C) in subsection (b)(1), by striking ``six months
after the date of the enactment of this section'' and
inserting ``April 5, 2000''; and
(D) in subsection (b)(3), by striking ``within six
months of the date of the enactment of this section''
and inserting ``during the period beginning on October
5, 1999, and ending on April 5, 2000,''.
(21) Section 12552 is amended by inserting a period at the
end.
(22) Section 18233a(b) is amended--
(A) in paragraph (1), by striking ``section
2805(c)(1)'' and inserting ``section 2805(c)(1)(A)'';
and
(B) in paragraph (2), by striking ``section
2805(c)(2)'' and inserting ``section 2805(c)(1)(B)''.
(b) Title 37, United States Code.--Title 37, United States Code, is
amended as follows:
[[Page 114 STAT. 1654A-292]]
(1) Section 301b( j)(2) is amended by striking ``section
301a(a)(6)(A)'' and inserting ``section 301a(a)(6)(B)''.
(2) Section 403(f )(3) is amended by striking ``regulation''
and inserting ``regulations''.
(3) Section 404(b)(2) is amended by striking ``section
402(e)'' and inserting ``section 403(f )(3)''.
(4) The section 435 added by section 586(b) of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 638) is redesignated as section 436, and the item
relating to that section in the table of sections at the
beginning of chapter 7 is revised to conform to such
redesignation.
(5) Section 1012 is amended by striking ``section
402(b)(3)'' and inserting ``section 402(e)''.
(c) Public Law 106-65.--(1) Effective as of October 5, 1999, and as
if included therein as enacted, the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 512 et seq) is
amended as follows:
(A) Section 578 is amended--
(i) in subsection ( j) (113 Stat. 630), by striking
``Chapter 4'' and inserting ``Chapter 7''; and
(ii) in subsection (k)(4) (113 Stat. 631), by
striking ``chapter 4'' and inserting ``chapter 7''.
(B) Section 586(c)(2) (113 Stat. 639) is amended by striking
``relating to section 434'' and inserting ``added by section
578(k)(4)''.
(C) Section 601(c) (113 Stat. 645; 37 U.S.C. 1009 note) is
amended--
(i) in the first table, relating to commissioned
officers, by striking ``$12,441.00'' in footnote 2 and
inserting ``$12,488.70''; and
(ii) in the fourth table, relating to enlisted
members, by striking ``$4,701.00'' in footnote 2 and
inserting ``$4,719.00''.
(D) Section 657(a)(1)(A) (113 Stat. 668; 10 U.S.C. 1450
note) is amended by striking ``August 21, 1983'' and inserting
``August 19, 1983''.
(2) In the case of any former spouse to whom paragraph (3) of
section 1450(f ) of title 10, United States Code, applies by reason of
the amendment made by paragraph (1)(D), the provisions of subsection (b)
of section 657 of the National Defense Authorization Act for Fiscal Year
2000 shall be applied by using the date of the enactment of this Act,
rather than the date of the enactment of that Act.
(d) Public Law 105-261.--Effective as of October 17, 1998, and as if
included therein as enacted, the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
1920 et seq.) is amended as follows:
(1) Section 142 (112 Stat. 1943; 50 U.S.C. 1521 note) is
amended--
(A) in subsection (e), by striking ``1521(f ))'' and
inserting ``1521 note)''; and
(B) by redesignating the second subsection (f ) as
subsection (g).
(2) Section 503(b)(1) (112 Stat. 2003) is amended by
inserting ``its'' after ``record of'' in the first quoted matter
therein.
[[Page 114 STAT. 1654A-293]]
(3) Section 645(b) (112 Stat. 2050) is amended by striking
``a member'' and inserting ``member'' in the quoted matter
therein.
(4) Section 701 (112 Stat. 2056) is amended--
(A) in subsection (a), by inserting ``(1)'' before
``Section 1076a(b)(2)''; and
(B) in subsection (b), by inserting ``of such
title'' after ``1076a''.
(5) Section 802(b) (112 Stat. 2081) is amended by striking
``Administrative'' in the first quoted matter therein and
inserting ``Administration''.
(6) Section 1101(e)(2)(C) (112 Stat. 2140; 5 U.S.C. 3104
note) is amended by striking ``subsection (c)(1)'' and inserting
``subsection (c)(2)''.
(7) Section 1405(k)(2) (112 Stat. 2170; 50 U.S.C. 2301 note)
is amended by striking ``subchapter'' and inserting ``chapter''.
(e) Public Law 105-85.--The National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85) is amended as follows:
(1) Section 602(d)(1)(A) (111 Stat. 1773; 37 U.S.C. 402
note) is amended by striking ``of'' the first place it appears
in the matter preceding clause (i).
(2) Section 1221(a)(3) (22 U.S.C. 1928 note), as amended by
section 1233(a)(2)(A) of Public Law 105-261 (112 Stat. 2156), is
amended by striking the second close parenthesis after ``relief
efforts''.
(f ) Title 5, United States Code.--Title 5, United States Code, is
amended as follows:
(1) Section 3329 is amended--
(A) in subsection (a), by striking ``such term'' and
inserting ``the term `military technician (dual status)'
''; and
(B) in subsection (b), by striking ``section 1332 of
title 10'' and inserting ``section 12732 of title 10''.
(2) Section 5531 is amended by striking ``sections 5532
and'' in the matter preceding paragraph (1) and inserting
``section''.
(3) Section 8116(a)(4) is amended by striking ``, subject
to'' and all that follows through ``United States Code''.
(4) Section 8339(g) is amended by striking ``the application
of the limitation in section 5532 of this title, or'' in the
third sentence.
(5) Section 8344(h)(1) is amended by inserting ``(as in
effect before the repeal of that section by section 651(a) of
Public Law 106-65)'' after ``section 5532(f )(2) of this
title''.
(g) Other Laws.--
(1) Section 834(e) of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is amended
by striking the second period after ``2005''.
(2) Section 2905(b)(4) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note) is amended by transferring
subparagraph (G) so as to appear immediately before subparagraph
(H), as added by section 2821(a) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 853).
(3) Section 686(b) of title 14, United States Code, is
amended--
[[Page 114 STAT. 1654A-294]]
(A) in paragraph (1), by striking ``section 403(b)''
and inserting ``section 403(e)''; and
(B) in paragraph (2), by striking ``a basic
allowance for quarters under section 403 of title 37,
and, if in a high housing cost area, a variable housing
allowance under section 403a of that title'' and
inserting ``a basic allowance for housing under section
403 of title 37''.
(4) Chapter 701 of title 36, United States Code, relating to
the Federal charter of the Fleet Reserve Association, is amended
in sections 70102(a) and 70108(a) by striking ``Delaware'' and
inserting ``Pennsylvania''.
(5) Section 7426 of title 38, United States Code, is amended
by striking subsection (c).
(6) The item relating to chapter 112 in the table of
chapters at the beginning of subtitle II of title 46, United
States Code, is amended by revising the second and third words
so that the initial letter of each of those words is lower case.
(7) Section 405(f )(6)(B) of the Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 1999 (as contained in section 101(f ) of
division A of Public Law 105-277; 112 Stat. 2681-430), is
amended by striking ``Act of title'' in the first quoted matter
therein and inserting ``Act or title''.
(8) Section 1403(c)(6) of the Defense Dependents' Education
Act of 1978 (20 U.S.C. 922(c)(6)) is amended by striking ``the''
before ``Assistant Secretary of Defense''.
(9) Effective as of October 5, 1999, section 224 b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2274(b)) is amended by
striking ``$500,000'' and inserting ``$50,000''.
(h) Coordination With Other Amendments.--For purposes of applying
amendments made by provisions of this Act other than provisions of this
section, this section shall be treated as having been enacted
immediately before the other provisions of this Act.
SEC. 1088. MAXIMUM SIZE OF PARCEL POST PACKAGES TRANSPORTED OVERSEAS FOR
ARMED FORCES POST OFFICES.
Section 3401(b) of title 39, United States Code, is amended by
striking ``100 inches in length and girth combined'' in paragraphs (2)
and (3) and inserting ``the maximum size allowed by the Postal Service
for fourth class parcel post (known as `Standard Mail (B)')''.
SEC. 1089. SENSE OF CONGRESS REGARDING TAX TREATMENT OF MEMBERS
RECEIVING SPECIAL PAY FOR DUTY SUBJECT TO HOSTILE FIRE OR
IMMINENT DANGER.
It is the sense of Congress that members of the Armed Forces who
receive special pay under section 310 of title 37, United States Code,
for duty subject to hostile fire or imminent danger should receive the
same treatment under Federal income tax laws as members serving in
combat zones.
SEC. 1090. ORGANIZATION AND MANAGEMENT OF CIVIL AIR PATROL.
(a) In General.--Chapter 909 of title 10, United States Code, is
amended to read as follows:
``CHAPTER 909--CIVIL AIR PATROL
``Sec.
``9441. Status as federally chartered corporation; purposes.
[[Page 114 STAT. 1654A-295]]
``9442. Status as volunteer civilian auxiliary of the Air Force.
``9443. Activities performed as federally chartered nonprofit
corporation.
``9444. Activities performed as auxiliary of the Air Force.
``9445. Funds appropriated for the Civil Air Patrol.
``9446. Miscellaneous personnel authorities.
``9447. Board of Governors.
``9448. Regulations.
``Sec. 9441. Status as federally chartered corporation; purposes
``(a) Status.--(1) The Civil Air Patrol is a nonprofit corporation
that is federally chartered under section 40301 of title 36.
``(2) Except as provided in section 9442(b)(2) of this title, the
Civil Air Patrol is not an instrumentality of the Federal Government for
any purpose.
``(b) Purposes.--The purposes of the Civil Air Patrol are set forth
in section 40302 of title 36.
``Sec. 9442. Status as volunteer civilian auxiliary of the Air Force
``(a) Volunteer Civilian Auxiliary.--The Civil Air Patrol is a
volunteer civilian auxiliary of the Air Force when the services of the
Civil Air Patrol are used by any department or agency in any branch of
the Federal Government.
``(b) Use by Air Force.--(1) The Secretary of the Air Force may use
the services of the Civil Air Patrol to fulfill the noncombat programs
and missions of the Department of the Air Force.
``(2) The Civil Air Patrol shall be deemed to be an instrumentality
of the United States with respect to any act or omission of the Civil
Air Patrol, including any member of the Civil Air Patrol, in carrying
out a mission assigned by the Secretary of the Air Force.
``Sec. 9443. Activities performed as federally chartered nonprofit
corporation
``(a) Use of Federally Provided Resources.--In its status as a
federally chartered nonprofit corporation, the Civil Air Patrol may use
equipment, supplies, and other resources, including aircraft, motor
vehicles, computers, and communications equipment, provided to the Civil
Air Patrol by a department or agency of the Federal Government or
acquired by or for the Civil Air Patrol with appropriated funds (or with
funds of the Civil Air Patrol, but reimbursed from appropriated funds)--
``(1) to provide assistance requested by State or local
governmental authorities to perform disaster relief missions and
activities, other emergency missions and activities, and
nonemergency missions and activities; and
``(2) to fulfill its other purposes set forth in section
40302 of title 36.
``(b) Use Subject to Applicable Laws.--The use of equipment,
supplies, or other resources under subsection (a) is subject to the laws
and regulations that govern the use by nonprofit corporations of
federally provided assets or of assets purchased with appropriated
funds, as the case may be.
``(c) Authority Not Contingent on Reimbursement.--The authority for
the Civil Air Patrol to provide assistance under subsection (a)(1) is
not contingent on the Civil Air Patrol being reimbursed for the cost of
providing the assistance. If the Civil Air Patrol elects to require
reimbursement for the provision of assistance under such subsection, the
Civil Air Patrol may establish
[[Page 114 STAT. 1654A-296]]
the reimbursement rate at a rate less than the rates charged by private
sector sources for equivalent services.
``(d) Liability Insurance.--The Secretary of the Air Force may
provide the Civil Air Patrol with funds for paying the cost of liability
insurance to cover missions and activities carried out under this
section.
``Sec. 9444. Activities performed as auxiliary of the Air Force
``(a) Air Force Support for Activities.--The Secretary of the Air
Force may furnish to the Civil Air Patrol in accordance with this
section any equipment, supplies, and other resources that the Secretary
determines necessary to enable the Civil Air Patrol to fulfill the
missions assigned by the Secretary to the Civil Air Patrol as an
auxiliary of the Air Force.
``(b) Forms of Air Force Support.--The Secretary of the Air Force
may, under subsection (a)--
``(1) give, lend, or sell to the Civil Air Patrol without
regard to the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.)--
``(A) major items of equipment (including aircraft,
motor vehicles, computers, and communications equipment)
that are excess to the military departments; and
``(B) necessary related supplies and training aids
that are excess to the military departments;
``(2) permit the use, with or without charge, of services
and facilities of the Air Force;
``(3) furnish supplies (including fuel, lubricants, and
other items required for vehicle and aircraft operations) or
provide funds for the acquisition of supplies;
``(4) establish, maintain, and supply liaison officers of
the Air Force at the national, regional, State, and territorial
headquarters of the Civil Air Patrol;
``(5) detail or assign any member of the Air Force or any
officer, employee, or contractor of the Department of the Air
Force to any liaison office at the national, regional, State, or
territorial headquarters of the Civil Air Patrol;
``(6) detail any member of the Air Force or any officer,
employee, or contractor of the Department of the Air Force to
any unit or installation of the Civil Air Patrol to assist in
the training programs of the Civil Air Patrol;
``(7) authorize the payment of travel expenses and
allowances, at rates not to exceed those paid to employees of
the United States under subchapter I of chapter 57 of title 5,
to members of the Civil Air Patrol while the members are
carrying out programs or missions specifically assigned by the
Air Force;
``(8) provide funds for the national headquarters of the
Civil Air Patrol, including--
``(A) funds for the payment of staff compensation
and benefits, administrative expenses, travel, per diem
and allowances, rent, utilities, other operational
expenses of the national headquarters; and
``(B) to the extent considered necessary by the
Secretary of the Air Force to fulfill Air Force
requirements, funds for the payment of compensation and
benefits for key staff at regional, State, or
territorial headquarters;
[[Page 114 STAT. 1654A-297]]
``(9) authorize the payment of expenses of placing into
serviceable condition, improving, and maintaining equipment
(including aircraft, motor vehicles, computers, and
communications equipment) owned or leased by the Civil Air
Patrol;
``(10) provide funds for the lease or purchase of items of
equipment that the Secretary determines necessary for the Civil
Air Patrol;
``(11) support the Civil Air Patrol cadet program by
furnishing--
``(A) articles of the Air Force uniform to cadets
without cost; and
``(B) any other support that the Secretary of the
Air Force determines is consistent with Air Force
missions and objectives; and
``(12) provide support, including appropriated funds, for
the Civil Air Patrol aerospace education program to the extent
that the Secretary of the Air Force determines appropriate for
furthering the fulfillment of Air Force missions and objectives.
``(c) Assistance by Other Agencies.--(1) The Secretary of the Air
Force may arrange for the use by the Civil Air Patrol of such facilities
and services under the jurisdiction of the Secretary of the Army, the
Secretary of the Navy, or the head of any other department or agency of
the United States as the Secretary of the Air Force considers to be
needed by the Civil Air Patrol to carry out its mission.
``(2) An arrangement for use of facilities or services of a military
department or other department or agency under this subsection shall be
subject to the agreement of the Secretary of the military department or
head of the other department or agency, as the case may be.
``(3) Each arrangement under this subsection shall be made in
accordance with regulations prescribed under section 9448 of this title.
``Sec. 9445. Funds appropriated for the Civil Air Patrol
``Funds appropriated for the Civil Air Patrol shall be available
only for the exclusive use of the Civil Air Patrol.
``Sec. 9446. Miscellaneous personnel authorities
``(a) Use of Retired Air Force Personnel.--(1) Upon the request of a
person retired from service in the Air Force, the Secretary of the Air
Force may enter into a personal services contract with that person
providing for the person to serve as an administrator or liaison officer
for the Civil Air Patrol. The qualifications of a person to provide the
services shall be determined and approved in accordance with regulations
prescribed under section 9448 of this title.
``(2) To the extent provided in a contract under paragraph (1), a
person providing services under the contract may accept services on
behalf of the Air Force.
``(3) A person, while providing services under a contract authorized
under paragraph (1), may not be considered to be on active duty or
inactive-duty training for any purpose.
``(b) Use of Civil Air Patrol Chaplains.--The Secretary of the Air
Force may use the services of Civil Air Patrol chaplains in support of
the Air Force active duty and reserve component
[[Page 114 STAT. 1654A-298]]
forces to the extent and under conditions that the Secretary determines
appropriate.
``Sec. 9447. Board of Governors
``(a) Governing Body.--The Board of Governors of the Civil Air
Patrol is the governing body of the Civil Air Patrol.
``(b) Composition.--The Board of Governors is composed of 11 members
as follows:
``(1) Four members appointed by the Secretary of the Air
Force, who may be active or retired officers of the Air Force
(including reserve components of the Air Force), employees of
the United States, or private citizens.
``(2) Four members of the Civil Air Patrol, selected in
accordance with the constitution and bylaws of the Civil Air
Patrol.
``(3) Three members appointed or selected as provided in
subsection (c) from among personnel of any Federal Government
agencies, public corporations, nonprofit associations, and other
organizations that have an interest and expertise in civil
aviation and the Civil Air Patrol mission.
``(c) Appointments From Interested Organizations.--(1) Subject to
paragraph (2), the members of the Board of Governors referred to in
subsection (b)(3) shall be appointed jointly by the Secretary of the Air
Force and the National Commander of the Civil Air Patrol.
``(2) Any vacancy in the position of a member referred to in
paragraph (1) that is not filled under that paragraph within 90 days
shall be filled by majority vote of the other members of the Board.
``(d) Chairman.--The Chairman of the Board of Governors shall be
chosen by the members of the Board of Governors from among the members
of the Board referred to in paragraphs (1) and (2) of subsection (b) and
shall serve for a term of two years. The position of Chairman shall be
held on a rotating basis between members of the Board appointed by the
Secretary of the Air Force under paragraph (1) of subsection (b) and
members of the Board selected under paragraph (2) of that subsection.
``(e) Powers.--(1) The Board of Governors shall, subject to
paragraphs (2) and (3), exercise the powers granted to the Civil Air
Patrol under section 40304 of title 36.
``(2) Any exercise by the Board of the power to amend the
constitution or bylaws of the Civil Air Patrol or to adopt a new
constitution or bylaws shall be subject to approval by a majority of the
members of the Board.
``(3) Neither the Board of Governors nor any other component of the
Civil Air Patrol may modify or terminate any requirement or authority
set forth in this section.
``(f ) Personal Liability for Breach of a Fiduciary Duty.--(1)
Subject to paragraph (2), the Board of Governors may take such action as
is necessary to limit the personal liability of a member of the Board of
Governors to the Civil Air Patrol, or to any of its members, for
monetary damages for a breach of fiduciary duty while serving as a
member of the Board.
``(2) The Board may not limit the liability of a member of the Board
of Governors to the Civil Air Patrol, or to any of its members, for
monetary damages for any of the following:
[[Page 114 STAT. 1654A-299]]
``(A) A breach of the member's duty of loyalty to the Civil
Air Patrol or its members.
``(B) Any act or omission that is not in good faith or that
involves intentional misconduct or a knowing violation of law.
``(C) Participation in any transaction from which the member
directly or indirectly derives an improper personal benefit.
``(3) Nothing in this subsection shall be construed as rendering
section 207 or 208 of title 18 inapplicable in any respect to a member
of the Board of Governors who is a member of the Air Force on active
duty, an officer on a retired list of the Air Force, or an employee of
the United States.
``(g) Personal Liability for Breach of a Fiduciary Duty.--(1) Except
as provided in paragraph (2), no member of the Board of Governors or
officer of the Civil Air Patrol shall be personally liable for damages
for any injury or death or loss or damage of property resulting from a
tortious act or omission of an employee or member of the Civil Air
Patrol.
``(2) Paragraph (1) does not apply to a member of the Board of
Governors or officer of the Civil Air Patrol for a tortious act or
omission in which the member or officer, as the case may be, was
personally involved, whether in breach of a civil duty or in commission
of a criminal offense.
``(3) Nothing in this subsection shall be construed to restrict the
applicability of common law protections and rights that a member of the
Board of Governors or officer of the Civil Air Patrol may have.
``(4) The protections provided under this subsection are in addition
to the protections provided under subsection (f ).
``Sec. 9448. Regulations
``(a) Authority.--The Secretary of the Air Force shall prescribe
regulations for the administration of this chapter.
``(b) Required Regulations.--The regulations shall include the
following:
``(1) Regulations governing the conduct of the activities of
the Civil Air Patrol when it is performing its duties as a
volunteer civilian auxiliary of the Air Force under section 9442
of this title.
``(2) Regulations for providing support by the Air Force and
for arranging assistance by other agencies under section 9444 of
this title.
``(3) Regulations governing the qualifications of retired
Air Force personnel to serve as an administrator or liaison
officer for the Civil Air Patrol under a personal services
contract entered into under section 9446(a) of this title.
``(c) Approval by Secretary of Defense.--The regulations required by
subsection (b)(2) shall be subject to the approval of the Secretary of
Defense.''.
(b) Conforming Amendments.--(1) Section 40302 of title 36, United
States Code, is amended--
(A) by striking ``to--'' in the matter preceding paragraph
(1) and inserting ``as follows:'';
(B) by inserting ``To'' after the paragraph designation in
each of paragraphs (1), (2), (3), and (4);
(C) by striking the semicolon at the end of paragraphs
(1)(B) and (2) and inserting a period;
[[Page 114 STAT. 1654A-300]]
(D) by striking ``; and'' at the end of paragraph (3) and
inserting a period; and
(E) by adding at the end the following:
``(5) To assist the Department of the Air Force in
fulfilling its noncombat programs and missions.''.
(2)(A) Section 40303 of such title is amended--
(i) by inserting ``(a) Membership.--'' before
``Eligibility''; and
(ii) by adding at the end the following:
``(b) Governing Body.--The Civil Air Patrol has a Board of
Governors. The composition and responsibilities of the Board of
Governors are set forth in section 9447 of title 10.''.
(B) The heading for such section is amended to read as follows:
``Sec. 40303. Membership and governing body''.
(C) The item relating to such section in the table of sections at
the beginning of chapter 403 of title 36, United States Code, is amended
to read as follows:
``40303. Membership and governing body.''.
(c) Effective Date.--The amendments made by this section shall take
effect 120 days after the date of the enactment of this Act.
SEC. 1091. ADDITIONAL DUTIES FOR COMMISSION TO ASSESS UNITED STATES
NATIONAL SECURITY SPACE MANAGEMENT AND ORGANIZATION.
Section 1622(a) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 814; 10 U.S.C. 111 note) is
amended by adding at the end the following new paragraph:
``(6) The advisability of--
``(A) various actions to eliminate the de facto
requirement that specified officers in the United States
Space Command be flight rated that results from the dual
assignment of officers to that command and to one or
more other commands in positions in which such officers
are expressly required to be flight rated;
``(B) the establishment of a requirement that, as a
condition of the assignment of a general or flag officer
to the United States Space Command, the officer have
experience in space, missile, or information operations
that was gained through either acquisition or
operational experience; and
``(C) rotating the command of the United States
Space Command among the Armed Forces.''.
SEC. 1092. COMMISSION ON THE FUTURE OF THE UNITED STATES AEROSPACE
INDUSTRY.
(a) Establishment.--There is established a commission to be known as
the ``Commission on the Future of the United States Aerospace Industry''
(in this section referred to as the ``Commission'').
(b) Membership.--(1) The Commission shall be composed of 12 members
appointed, not later than March 1, 2001, as follows:
(A) Up to six members shall be appointed by the President.
(B) Two members shall be appointed by the Speaker of the
House of Representatives.
[[Page 114 STAT. 1654A-301]]
(C) Two members shall be appointed by the majority leader of
the Senate.
(D) One member shall be appointed by the minority leader of
the Senate.
(E) One member shall be appointed by the minority leader of
the House of Representatives.
(2) The members of the Commission shall be appointed from among
persons with extensive experience and national reputations in aerospace
manufacturing, economics, finance, national security, international
trade, or foreign policy and persons who are representative of labor
organizations associated with the aerospace industry.
(3) Members shall be appointed for the life of the Commission. A
vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner as the original appointment.
(4) The President shall designate one member of the Commission to
serve as the chairman of the Commission.
(5) The Commission shall meet at the call of the chairman. A
majority of the members shall constitute a quorum, but a lesser number
may hold hearings.
(c) Duties.--(1) The Commission shall--
(A) study the issues associated with the future of the
United States aerospace industry in the global economy,
particularly in relationship to United States national security;
and
(B) assess the future importance of the domestic aerospace
industry for the economic and national security of the United
States.
(2) In order to fulfill its responsibilities, the Commission shall
study the following:
(A) The budget process of the United States Government,
particularly with a view to assessing the adequacy of projected
budgets of the Federal departments and agencies for aerospace
research and development and procurement.
(B) The acquisition process of the Government, particularly
with a view to assessing--
(i) the adequacy of the current acquisition process
of Federal departments and agencies; and
(ii) the procedures for developing and fielding
aerospace systems incorporating new technologies in a
timely fashion.
(C) The policies, procedures, and methods for the financing
and payment of Government contracts.
(D) Statutes and regulations governing international trade
and the export of technology, particularly with a view to
assessing--
(i) the extent to which the current system for
controlling the export of aerospace goods, services, and
technologies reflects an adequate balance between the
need to protect national security and the need to ensure
unhindered access to the global marketplace; and
(ii) the adequacy of United States and multilateral
trade laws and policies for maintaining the
international competitiveness of the United States
aerospace industry.
(E) Policies governing taxation, particularly with a view to
assessing the impact of current tax laws and practices on the
international competitiveness of the aerospace industry.
(F) Programs for the maintenance of the national space
launch infrastructure, particularly with a view to assessing
[[Page 114 STAT. 1654A-302]]
the adequacy of current and projected programs for maintaining
the national space launch infrastructure.
(G) Programs for the support of science and engineering
education, including current programs for supporting aerospace
science and engineering efforts at institutions of higher
learning, with a view to determining the adequacy of those
programs.
(d) Report.--(1) Not later than March 1, 2002, the Commission shall
submit a report on its activities to the President and Congress.
(2) The report shall include the following:
(A) The Commission's findings and conclusions.
(B) The Commission's recommendations for actions by Federal
departments and agencies to support the maintenance of a robust
aerospace industry in the United States in the 21st century and
any recommendations for statutory and regulatory changes to
support the implementation of the Commission's findings.
(C) A discussion of the appropriate means for implementing
the Commission's recommendations.
(e) Administrative Requirements and Authorities.--(1) The Director
of the Office of Management and Budget shall ensure that the Commission
is provided such administrative services, facilities, staff, and other
support services as may be necessary. Any expenses of the Commission
shall be paid from funds available to the Director.
(2) The Commission may hold hearings, sit and act at times and
places, take testimony, and receive evidence that the Commission
considers advisable to carry out the purposes of this section.
(3) The Commission may request directly from any department or
agency of the United States any information that the Commission
considers necessary to carry out the provisions of this section. To the
extent consistent with applicable requirements of law and regulations,
the head of such department or agency shall furnish such information to
the Commission.
(4) The Commission may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
(f ) Commission Personnel Matters.--(1) Members of the Commission
shall serve without additional compensation for their service on the
Commission, except that members appointed from among private citizens
may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by law for persons serving intermittently in
Government service under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes and places of business in the
performance of services for the Commission.
(2) The chairman of the Commission may appoint staff of the
Commission, request the detail of Federal employees, and accept
temporary and intermittent services in accordance with section 3161 of
title 5, United States Code (as added by section 1101 of this Act).
(g) Termination.--The Commission shall terminate 30 days after the
date of the submission of its report under subsection (d).
SEC. 1093. DRUG ADDICTION TREATMENT.
(a) In General.--Section 303(g) of the Controlled Substances Act (21
U.S.C. 823(g)) is amended--
[[Page 114 STAT. 1654A-303]]
(1) in paragraph (2), by striking ``(A) security'' and
inserting ``(i) security'', and by striking ``(B) the
maintenance'' and inserting ``(ii) the maintenance'';
(2) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(3) by inserting ``(1)'' after ``(g)'';
(4) by striking ``Practitioners who dispense'' and inserting
``Except as provided in paragraph (2), practitioners who
dispense''; and
(5) by adding at the end the following paragraph:
``(2)(A) Subject to subparagraphs (D) and (J), the requirements of
paragraph (1) are waived in the case of the dispensing (including the
prescribing), by a practitioner, of narcotic drugs in schedule III, IV,
or V or combinations of such drugs if the practitioner meets the
conditions specified in subparagraph (B) and the narcotic drugs or
combinations of such drugs meet the conditions specified in subparagraph
(C).
``(B) For purposes of subparagraph (A), the conditions specified in
this subparagraph with respect to a practitioner are that, before the
initial dispensing of narcotic drugs in schedule III, IV, or V or
combinations of such drugs to patients for maintenance or detoxification
treatment, the practitioner submit to the Secretary a notification of
the intent of the practitioner to begin dispensing the drugs or
combinations for such purpose, and that the notification contain the
following certifications by the practitioner:
``(i) The practitioner is a qualifying physician (as defined
in subparagraph (G)).
``(ii) With respect to patients to whom the practitioner
will provide such drugs or combinations of drugs, the
practitioner has the capacity to refer the patients for
appropriate counseling and other appropriate ancillary services.
``(iii) In any case in which the practitioner is not in a
group practice, the total number of such patients of the
practitioner at any one time will not exceed the applicable
number. For purposes of this clause, the applicable number is
30, except that the Secretary may by regulation change such
total number.
``(iv) In any case in which the practitioner is in a group
practice, the total number of such patients of the group
practice at any one time will not exceed the applicable number.
For purposes of this clause, the applicable number is 30, except
that the Secretary may by regulation change such total number,
and the Secretary for such purposes may by regulation establish
different categories on the basis of the number of practitioners
in a group practice and establish for the various categories
different numerical limitations on the number of such patients
that the group practice may have.
``(C) For purposes of subparagraph (A), the conditions specified in
this subparagraph with respect to narcotic drugs in schedule III, IV, or
V or combinations of such drugs are as follows:
``(i) The drugs or combinations of drugs have, under the
Federal Food, Drug, and Cosmetic Act or section 351 of the
Public Health Service Act, been approved for use in maintenance
or detoxification treatment.
``(ii) The drugs or combinations of drugs have not been the
subject of an adverse determination. For purposes of this
clause, an adverse determination is a determination published
[[Page 114 STAT. 1654A-304]]
in the Federal Register and made by the Secretary, after
consultation with the Attorney General, that the use of the
drugs or combinations of drugs for maintenance or detoxification
treatment requires additional standards respecting the
qualifications of practitioners to provide such treatment, or
requires standards respecting the quantities of the drugs that
may be provided for unsupervised use.
``(D)(i) A waiver under subparagraph (A) with respect to a
practitioner is not in effect unless (in addition to conditions under
subparagraphs (B) and (C)) the following conditions are met:
``(I) The notification under subparagraph (B) is in writing
and states the name of the practitioner.
``(II) The notification identifies the registration issued
for the practitioner pursuant to subsection (f ).
``(III) If the practitioner is a member of a group practice,
the notification states the names of the other practitioners in
the practice and identifies the registrations issued for the
other practitioners pursuant to subsection (f ).
``(ii) Upon receiving a notification under subparagraph (B), the
Attorney General shall assign the practitioner involved an
identification number under this paragraph for inclusion with the
registration issued for the practitioner pursuant to subsection (f ).
The identification number so assigned shall be appropriate to preserve
the confidentiality of patients for whom the practitioner has dispensed
narcotic drugs under a waiver under subparagraph (A).
``(iii) Not later than 45 days after the date on which the Secretary
receives a notification under subparagraph (B), the Secretary shall make
a determination of whether the practitioner involved meets all
requirements for a waiver under subparagraph (B). If the Secretary fails
to make such determination by the end of such 45-day period, the
Attorney General shall assign the physician an identification number
described in clause (ii) at the end of such period.
``(E)(i) If a practitioner is not registered under paragraph (1)
and, in violation of the conditions specified in subparagraphs (B)
through (D), dispenses narcotic drugs in schedule III, IV, or V or
combinations of such drugs for maintenance treatment or detoxification
treatment, the Attorney General may, for purposes of section 304(a)(4),
consider the practitioner to have committed an act that renders the
registration of the practitioner pursuant to subsection (f ) to be
inconsistent with the public interest.
``(ii)(I) Upon the expiration of 45 days from the date on which the
Secretary receives a notification under subparagraph (B), a practitioner
who in good faith submits a notification under subparagraph (B) and
reasonably believes that the conditions specified in subparagraphs (B)
through (D) have been met shall, in dispensing narcotic drugs in
schedule III, IV, or V or combinations of such drugs for maintenance
treatment or detoxification treatment, be considered to have a waiver
under subparagraph (A) until notified otherwise by the Secretary, except
that such a practitioner may commence to prescribe or dispense such
narcotic drugs for such purposes prior to the expiration of such 45-day
period if it facilitates the treatment of an individual patient and both
the Secretary and the Attorney General are notified by the practitioner
of the intent to commence prescribing or dispensing such narcotic drugs.
``(II) For purposes of subclause (I), the publication in the Federal
Register of an adverse determination by the Secretary pursuant
[[Page 114 STAT. 1654A-305]]
to subparagraph (C)(ii) shall (with respect to the narcotic drug or
combination involved) be considered to be a notification provided by the
Secretary to practitioners, effective upon the expiration of the 30-day
period beginning on the date on which the adverse determination is so
published.
``(F)(i) With respect to the dispensing of narcotic drugs in
schedule III, IV, or V or combinations of such drugs to patients for
maintenance or detoxification treatment, a practitioner may, in his or
her discretion, dispense such drugs or combinations for such treatment
under a registration under paragraph (1) or a waiver under subparagraph
(A) (subject to meeting the applicable conditions).
``(ii) This paragraph may not be construed as having any legal
effect on the conditions for obtaining a registration under paragraph
(1), including with respect to the number of patients who may be served
under such a registration.
``(G) For purposes of this paragraph:
``(i) The term `group practice' has the meaning given such
term in section 1877(h)(4) of the Social Security Act.
``(ii) The term `qualifying physician' means a physician who
is licensed under State law and who meets one or more of the
following conditions:
``(I) The physician holds a subspecialty board
certification in addiction psychiatry from the American
Board of Medical Specialties.
``(II) The physician holds an addiction
certification from the American Society of Addiction
Medicine.
``(III) The physician holds a subspecialty board
certification in addiction medicine from the American
Osteopathic Association.
``(IV) The physician has, with respect to the
treatment and management of opiate-dependent patients,
completed not less than eight hours of training (through
classroom situations, seminars at professional society
meetings, electronic communications, or otherwise) that
is provided by the American Society of Addiction
Medicine, the American Academy of Addiction Psychiatry,
the American Medical Association, the American
Osteopathic Association, the American Psychiatric
Association, or any other organization that the
Secretary determines is appropriate for purposes of this
subclause.
``(V) The physician has participated as an
investigator in one or more clinical trials leading to
the approval of a narcotic drug in schedule III, IV, or
V for maintenance or detoxification treatment, as
demonstrated by a statement submitted to the Secretary
by the sponsor of such approved drug.
``(VI) The physician has such other training or
experience as the State medical licensing board (of the
State in which the physician will provide maintenance or
detoxification treatment) considers to demonstrate the
ability of the physician to treat and manage opiate-
dependent patients.
``(VII) The physician has such other training or
experience as the Secretary considers to demonstrate the
ability of the physician to treat and manage opiate-
dependent patients. Any criteria of the Secretary under
this subclause
[[Page 114 STAT. 1654A-306]]
shall be established by regulation. Any such criteria
are effective only for 3 years after the date on which
the criteria are promulgated, but may be extended for
such additional discrete 3-year periods as the Secretary
considers appropriate for purposes of this subclause.
Such an extension of criteria may only be effectuated
through a statement published in the Federal Register by
the Secretary during the 30-day period preceding the end
of the 3-year period involved.
``(H)(i) In consultation with the Administrator of the Drug
Enforcement Administration, the Administrator of the Substance Abuse and
Mental Health Services Administration, the Director of the National
Institute on Drug Abuse, and the Commissioner of Food and Drugs, the
Secretary shall issue regulations (through notice and comment
rulemaking) or issue practice guidelines to address the following:
``(I) Approval of additional credentialing bodies and the
responsibilities of additional credentialing bodies.
``(II) Additional exemptions from the requirements of this
paragraph and any regulations under this paragraph.
Nothing in such regulations or practice guidelines may authorize any
Federal official or employee to exercise supervision or control over the
practice of medicine or the manner in which medical services are
provided.
``(ii) Not later than 120 days after the date of the enactment of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001, the Secretary shall issue a treatment improvement protocol
containing best practice guidelines for the treatment and maintenance of
opiate-dependent patients. The Secretary shall develop the protocol in
consultation with the Director of the National Institute on Drug Abuse,
the Administrator of the Drug Enforcement Administration, the
Commissioner of Food and Drugs, the Administrator of the Substance Abuse
and Mental Health Services Administration, and other substance abuse
disorder professionals. The protocol shall be guided by science.
``(I) During the 3-year period beginning on the date of the
enactment of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001, a State may not preclude a practitioner from
dispensing or prescribing drugs in schedule III, IV, or V or
combinations of such drugs, to patients for maintenance or
detoxification treatment in accordance with this paragraph unless,
before the expiration of that 3-year period, the State enacts a law
prohibiting a practitioner from dispensing such drugs or combinations of
drug.
``(J)(i) This paragraph takes effect on the date of the enactment of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001, and remains in effect thereafter except as provided in clause
(iii) (relating to a decision by the Secretary or the Attorney General
that this paragraph should not remain in effect).
``(ii) For purposes relating to clause (iii), the Secretary and the
Attorney General may, during the 3-year period beginning on the date of
the enactment of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001, make determinations in accordance with the
following:
``(I) The Secretary may make a determination of whether
treatments provided under waivers under subparagraph (A)
[[Page 114 STAT. 1654A-307]]
have been effective forms of maintenance treatment and
detoxification treatment in clinical settings; may make a
determination of whether such waivers have significantly
increased (relative to the beginning of such period) the
availability of maintenance treatment and detoxification
treatment; and may make a determination of whether such waivers
have adverse consequences for the public health.
``(II) The Attorney General may make a determination of the
extent to which there have been violations of the numerical
limitations established under subparagraph (B) for the number of
individuals to whom a practitioner may provide treatment; may
make a determination of whether waivers under subparagraph (A)
have increased (relative to the beginning of such period) the
extent to which narcotic drugs in schedule III, IV, or V or
combinations of such drugs are being dispensed or possessed in
violation of this Act; and may make a determination of whether
such waivers have adverse consequences for the public health.
``(iii) If, before the expiration of the period specified in clause
(ii), the Secretary or the Attorney General publishes in the Federal
Register a decision, made on the basis of determinations under such
clause, that this paragraph should not remain in effect, this paragraph
ceases to be in effect 60 days after the date on which the decision is
so published. The Secretary shall in making any such decision consult
with the Attorney General, and shall in publishing the decision in the
Federal Register include any comments received from the Attorney General
for inclusion in the publication. The Attorney General shall in making
any such decision consult with the Secretary, and shall in publishing
the decision in the Federal Register include any comments received from
the Secretary for inclusion in the publication.''.
(b) Conforming Amendments.--Section 304 of the Controlled Substances
Act (21 U.S.C. 824) is amended--
(1) in subsection (a), in the matter after and below
paragraph (5), by striking ``section 303(g)'' each place such
term appears and inserting ``section 303(g)(1)''; and
(2) in subsection (d), by striking ``section 303(g)'' and
inserting ``section 303(g)(1)''.
(c) Additional Authorization of Appropriations.--For the purpose of
assisting the Secretary of Health and Human Services with the additional
duties established for the Secretary pursuant to the amendments made by
this section, there are authorized to be appropriated, in addition to
other authorizations of appropriations that are available for such
purpose, such sums as may be necessary for each of fiscal years 2001
through 2003.
(d) Coordination of Provisions.--(1) If the Drug Addiction Treatment
Act of 2000 is enacted before this Act, the provisions of this section
shall not take effect.
(2) If the Drug Addiction Treatment Act of 2000 is enacted after
this Act, the amendments made by this section shall be deemed for all
purposes to have been made by section 3502 of that Act and this section
shall cease to be in effect as of that enactment.
[[Page 114 STAT. 1654A-308]]
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.
Subtitle A--Civilian Personnel Management Generally
SEC. 1101. EMPLOYMENT AND COMPENSATION OF EMPLOYEES FOR TEMPORARY
ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE ORDER.
(a) In General.--Chapter 31 of title 5, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE
ORDER
``Sec. 3161. Employment and compensation of employees
``(a) Definition of Temporary Organization.--For the purposes of
this subchapter, the term `temporary organization' means a commission,
committee, board, or other organization that--
[[Page 114 STAT. 1654A-309]]
``(1) is established by law or Executive order for a
specific period not in excess of three years for the purpose of
performing a specific study or other project; and
``(2) is terminated upon the completion of the study or
project or upon the occurrence of a condition related to the
completion of the study or project.
``(b) Employment Authority.--(1) Notwithstanding the provisions of
chapter 51 of this title, the head of a temporary organization may
appoint persons to positions of employment in a temporary organization
in such numbers and with such skills as are necessary for the
performance of the functions required of a temporary organization.
``(2) The period of an appointment under paragraph (1) may not
exceed three years, except that under regulations prescribed by the
Office of Personnel Management the period of appointment may be extended
for up to an additional two years.
``(3) The positions of employment in a temporary organization are in
the excepted service of the civil service.
``(c) Detail Authority.--Upon the request of the head of a temporary
organization, the head of any department or agency of the Government may
detail, on a nonreimbursable basis, any personnel of the department or
agency to that organization to assist in carrying out its duties.
``(d) Compensation.--(1) The rate of basic pay for an employee
appointed under subsection (b) shall be established under regulations
prescribed by the Office of Personnel Management without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of this title.
``(2) The rate of basic pay for the chairman, a member, an executive
director, a staff director, or another executive level position of a
temporary organization may not exceed the maximum rate of basic pay
established for the Senior Executive Service under section 5382 of this
title.
``(3) Except as provided in paragraph (4), the rate of basic pay for
other positions in a temporary organization may not exceed the maximum
rate of basic pay for grade GS-15 of the General Schedule under section
5332 of this title.
``(4) The rate of basic pay for a senior staff position of a
temporary organization may, in a case determined by the head of the
temporary organization as exceptional, exceed the maximum rate of basic
pay authorized under paragraph (3), but may not exceed the maximum rate
of basic pay authorized for an executive level position under paragraph
(2).
``(5) In this subsection, the term `basic pay' includes locality pay
provided for under section 5304 of this title.
``(e) Travel Expenses.--An employee of a temporary organization,
whether employed on a full-time or part-time basis, may be allowed
travel and transportation expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of this title, while traveling away from the
employee's regular place of business in the performance of services for
the temporary organization.
``(f ) Benefits.--An employee appointed under subsection (b) shall
be afforded the same benefits and entitlements as are provided temporary
employees under this title.
``(g) Return Rights.--An employee serving under a career or career
conditional appointment or the equivalent in an agency
[[Page 114 STAT. 1654A-310]]
who transfers to or converts to an appointment in a temporary
organization with the consent of the head of the agency is entitled to
be returned to the employee's former position or a position of like
seniority, status, and pay without grade or pay retention in the agency
if the employee--
``(1) is being separated from the temporary organization for
reasons other than misconduct, neglect of duty, or malfeasance;
and
``(2) applies for return not later than 30 days before the
earlier of--
``(A) the date of the termination of the employment
in the temporary organization; or
``(B) the date of the termination of the temporary
organization.
``(h) Temporary and Intermittent Services.--The head of a temporary
organization may procure for the organization temporary and intermittent
services under section 3109(b) of this title.
``(i) Acceptance of Volunteer Services.--(1) The head of a temporary
organization may accept volunteer services appropriate to the duties of
the organization without regard to section 1342 of title 31.
``(2) Donors of voluntary services accepted for a temporary
organization under this subsection may include the following:
``(A) Advisors.
``(B) Experts.
``(C) Members of the commission, committee, board, or other
temporary organization, as the case may be.
``(D) A person performing services in any other capacity
determined appropriate by the head of the temporary
organization.
``(3) The head of the temporary organization--
``(A) shall ensure that each person performing voluntary
services accepted under this subsection is notified of the scope
of the voluntary services accepted;
``(B) shall supervise the volunteer to the same extent as
employees receiving compensation for similar services; and
``(C) shall ensure that the volunteer has appropriate
credentials or is otherwise qualified to perform in each
capacity for which the volunteer's services are accepted.
``(4) A person providing volunteer services accepted under this
subsection shall be considered an employee of the Federal Government in
the performance of those services for the purposes of the following
provisions of law:
``(A) Chapter 81 of this title, relating to compensation for
work-related injuries.
``(B) Chapter 171 of title 28, relating to tort claims.
``(C) Chapter 11 of title 18, relating to conflicts of
interest.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE
ORDER
``Sec.
``3161. Employment and compensation of employees.''.
[[Page 114 STAT. 1654A-311]]
SEC. 1102. ASSISTIVE TECHNOLOGY ACCOMMODATIONS PROGRAM.
(a) Authority To Provide Technology, Devices, and Services.--Chapter
81 of title 10, United States Code, is amended by inserting after
section 1581 the following new section:
``Sec. 1582. Assistive technology, assistive technology devices, and
assistive technology services
``(a) Authority.--The Secretary of Defense may provide assistive
technology, assistive technology devices, and assistive technology
services to the following:
``(1) Department of Defense employees with disabilities.
``(2) Organizations within the Department that have
requirements to make programs or facilities accessible to, and
usable by, persons with disabilities.
``(3) Any other department or agency of the Federal
Government, upon the request of the head of that department or
agency, for its employees with disabilities or for satisfying a
requirement to make its programs or facilities accessible to,
and usable by, persons with disabilities.
``(b) Definitions.--In this section, the terms `assistive
technology', `assistive technology device', `assistive technology
service', and `disability' have the meanings given those terms in
section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1581 the following new item:
``1582. Assistive technology, assistive technology devices, and
assistive technology services.''.
SEC. 1103. EXTENSION OF AUTHORITY FOR VOLUNTARY SEPARATIONS IN
REDUCTIONS IN FORCE.
Section 3502(f )(5) of title 5, United States Code, is amended by
striking ``September 30, 2001'' and inserting ``September 30, 2005''.
SEC. 1104. ELECTRONIC MAINTENANCE OF PERFORMANCE APPRAISAL SYSTEMS.
Section 4302 of title 5, United States Code, is amended by adding at
the end the following new subsection:
``(c) In accordance with regulations which the Office shall
prescribe, the head of an agency may administer and maintain a
performance appraisal system electronically.''.
SEC. 1105. STUDY ON CIVILIAN PERSONNEL SERVICES.
(a) Study Required.--The Secretary of Defense shall assess the
manner in which personnel services are provided for civilian personnel
in the Department of Defense and determine whether--
(1) administration of such services should continue to be
centralized in individual military services and Defense Agencies
or whether such services should be centralized within designated
geographical areas to provide services to all Department of
Defense elements;
(2) offices that perform such services should be established
to perform specific functions rather than cover an established
geographical area;
(3) processes and functions of civilian personnel offices
should be reengineered to provide greater efficiency and better
[[Page 114 STAT. 1654A-312]]
service to management and employees of the Department of
Defense; and
(4) efficiencies could be gained by public-private
competition of the delivery of any of the personnel services for
civilian personnel of the Department of Defense.
(b) Report.--Not later than January 1, 2002, the Secretary of
Defense shall submit a report on the study, including recommendations,
to the Committees on Armed Services of the Senate and the House of
Representatives. The report shall include the Secretary's assessment of
the items described in subsection (a), and, if appropriate, a proposal
for a demonstration program to test the concepts developed under the
study. The Secretary may also include any recommendations for
legislation or other actions that the Secretary considers appropriate to
increase the effectiveness and efficiency of the delivery of personnel
services with respect to civilian personnel of the Department of
Defense.
Subtitle B--Demonstration and Pilot Programs
SEC. 1111. PILOT PROGRAM FOR REENGINEERING THE EQUAL EMPLOYMENT
OPPORTUNITY COMPLAINT PROCESS.
(a) Pilot Program.--(1) The Secretary of Defense shall carry out a
pilot program to improve processes for the resolution of equal
employment opportunity complaints by civilian employees of the
Department of Defense. Complaints processed under the pilot program
shall be subject to the procedural requirements established for the
pilot program and shall not be subject to the procedural requirements of
part 1614 of title 29 of the Code of Federal Regulations or other
regulations, directives, or regulatory restrictions prescribed by the
Equal Employment Opportunity Commission.
(2) The pilot program shall include procedures to reduce processing
time and eliminate redundancy with respect to processes for the
resolution of equal employment opportunity complaints, reinforce local
management and chain-of-command accountability, and provide the parties
involved with early opportunity for resolution.
(3) The Secretary may carry out the pilot program for a period of
three years, beginning on January 1, 2001.
(4)(A) Participation in the pilot program shall be voluntary on the
part of the complainant. Complainants who participate in the pilot
program shall retain the right to appeal a final agency decision to the
Equal Employment Opportunity Commission and to file suit in district
court. The Equal Employment Opportunity Commission shall not reverse a
final agency decision on the grounds that the agency did not comply with
the regulatory requirements promulgated by the Commission.
(B) Subparagraph (A) shall apply to all cases--
(i) pending as of January 1, 2001, before the Equal
Employment Opportunity Commission involving a civilian employee
who filed a complaint under the pilot program of the Department
of the Navy to improve processes for the resolution of equal
employment opportunity complaints; and
(ii) hereinafter filed with the Commission under the pilot
program established by this section.
[[Page 114 STAT. 1654A-313]]
(5) The pilot program shall be carried out in at least one military
department and two Defense Agencies.
(b) Report.--Not later than 90 days following the end of the first
and last full or partial fiscal years during which the pilot program is
implemented, the Comptroller General shall submit to Congress a report
on the pilot program. Such report shall contain the following:
(1) A description of the processes tested by the pilot
program.
(2) The results of such testing.
(3) Recommendations for changes to the processes for the
resolution of equal employment opportunity complaints as a
result of such pilot program.
(4) A comparison of the processes used, and results
obtained, under the pilot program to traditional and alternative
dispute resolution processes used in the government or private
industry.
SEC. 1112. WORK SAFETY DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary of Defense shall carry out a
defense employees work safety demonstration program.
(b) Private Sector Work Safety Models.--Under the demonstration
program, the Secretary shall--
(1) adopt for use in the workplace of civilian employees of
the Department of Defense such work safety models used by
employers in the private sector that the Secretary considers as
being representative of the best work safety practices in use by
private sector employers; and
(2) determine whether the use of those practices in the
Department of Defense improves the work safety record of
Department of Defense employees.
(c) Sites.--(1) The Secretary shall carry out the demonstration
program--
(A) at not fewer than two installations of each of the Armed
Forces (other than the Coast Guard), for employees of the
military department concerned; and
(B) in at least two Defense Agencies (as defined in section
101(a)(11) of title 10, United States Code).
(2) The Secretary shall select the installations and Defense
Agencies from among the installations and Defense Agencies listed in the
Federal Worker 2000 Presidential Initiative.
(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 September 30, 2002.
(e) Reports.--(1) The Secretary of Defense shall submit an interim
report on the demonstration program to the Committees on Armed Services
of the Senate and the House of Representatives not later than December
1, 2001. The interim report shall contain, at a minimum, for each site
of the demonstration program the following:
(A) A baseline assessment of the lost workday injury rate.
(B) A comparison of the lost workday injury rate for fiscal
year 2000 with the lost workday injury rate for fiscal year
1999.
(C) The direct and indirect costs associated with all lost
workday injuries.
[[Page 114 STAT. 1654A-314]]
(2) The Secretary of Defense shall submit a final report on the
demonstration program to the Committees on Armed Services of the Senate
and the House of Representatives not later than December 1, 2002. The
final report shall contain, at a minimum, for each site of the
demonstration program the following:
(A) The Secretary's determination on the issue described in
subsection (b)(2).
(B) A comparison of the lost workday injury rate under the
program with the baseline assessment of the lost workday injury
rate.
(C) The lost workday injury rate for fiscal year 2002.
(D) A comparison of the direct and indirect costs associated
with all lost workday injuries for fiscal year 2002 with the
direct and indirect costs associated with all lost workday
injuries for fiscal year 2001.
(f ) Funding.--Of the amount authorized to be appropriated under
section 301(5), $5,000,000 shall be available for the demonstration
program under this section.
SEC. 1113. EXTENSION, EXPANSION, AND REVISION OF AUTHORITY FOR
EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL
PERSONNEL.
(a) Extension of Program.--Section 1101 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 2139; 5 U.S.C. 3104 note) is amended--
(1) in subsection (a), by striking ``the 5-year period
beginning on the date of the enactment of this Act'' and
inserting ``the program period specified in subsection (e)(1)'';
(2) in subsection (e), by striking paragraph (1) and
inserting the following:
``(1) The period for carrying out the program authorized under this
section begins on October 17, 1998, and ends on October 16, 2005.''; and
(3) in subsection (f ), by striking ``on the day before the
termination of the program'' and inserting ``on the last day of
the program period specified in subsection (e)(1)''.
(b) Expansion of Scope.--Subsection (a) of such section, as amended
by subsection (a)(1) of this section, is further amended by inserting
before the period at the end the following: ``and research and
development projects administered by laboratories designated for the
program by the Secretary from among the laboratories of each of the
military departments''.
(c) Limitation on Number of Appointments.--Subsection (b)(1) of such
section is amended to read as follows:
``(1) without regard to any provision of title 5, United
States Code, governing the appointment of employees in the civil
service, appoint scientists and engineers from outside the civil
service and uniformed services (as such terms are defined in
section 2101 of such title) to--
``(A) not more than 40 scientific and engineering
positions in the Defense Advanced Research Projects
Agency;
``(B) not more than 40 scientific and engineering
positions in the designated laboratories of each of the
military services; and
[[Page 114 STAT. 1654A-315]]
``(C) not more than a total of 10 scientific and
engineering positions in the National Imagery and
Mapping Agency and the National Security Agency;''.
(d) Rates of Pay for Appointees.--Subsection (b)(2) of such section
is amended by inserting after ``United States Code,'' the following:
``as increased by locality-based comparability payments under section
5304 of such title,''.
(e) Commensurate Extension of Requirement for Annual Report.--
Subsection (g) of such section is amended by striking ``2004'' and
inserting ``2006''.
(f ) Amendment of Section Heading.--The heading for such section is
amended to read as follows:
``SEC. 1101. EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL
PERSONNEL.''.
SEC. 1114. CLARIFICATION OF PERSONNEL MANAGEMENT AUTHORITY UNDER
PERSONNEL DEMONSTRATION PROJECT.
(a) Elimination of Requirement for OPM Review and Approval.--Section
342 of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2721) is amended--
(1) in subsection (b)(1), by striking ``, with the approval
of the Director of the Office of Personnel Management,''; and
(2) in subsection (b)(3)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking ``section 4703.'' and inserting
``section 4703; and'' at the end of subparagraph (B);
and
(C) by inserting at the end the following new
subparagraph (C):
``(C) the Secretary shall exercise the authorities
granted to the Office of Personnel Management under such
section 4703.''.
(b) Increase in Level of Authorized Pay.--Section 342(b) of such Act
is further amended by adding at the end the following new paragraph:
``(5) The limitations in section 5373 of title 5, United States
Code, do not apply to the authority of the Secretary under this section
to prescribe salary schedules and other related benefits.''.
Subtitle C--Educational Assistance
SEC. 1121. RESTRUCTURING THE RESTRICTION ON DEGREE TRAINING.
Section 4107 of title 5, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsections (b) and (c)'';
(2) in subsection (b)(1), by striking ``subsection (a)'' and
inserting ``subsection (a) or (c)''; and
(3) by adding at the end the following new subsection:
``(c) With respect to an employee of the Department of Defense--
``(1) this chapter does not authorize, except as provided in
subsection (b) of this section, the selection and assignment of
the employee for training, or the payment or reimbursement of
the costs of training, for--
``(A) the purpose of providing an opportunity to the
employee to obtain an academic degree in order to
qualify
[[Page 114 STAT. 1654A-316]]
for appointment to a particular position for which the
academic degree is a basic requirement; or
``(B) the sole purpose of providing an opportunity
to the employee to obtain one or more academic degrees,
unless such opportunity is part of a planned,
systematic, and coordinated program of professional
development endorsed by the Department of Defense; and
``(2) any course of post-secondary education delivered
through classroom, electronic, or other means shall be
administered or conducted by an institution recognized under
standards implemented by a national or regional accrediting
body, except in a case in which such standards do not exist or
the use of such standards would not be appropriate.''.
SEC. 1122. STUDENT LOAN REPAYMENT PROGRAMS.
(a) Covered Student Loans.--Section 5379(a)(1)(B) of title 5, United
States Code, is amended--
(1) in clause (i), by inserting ``(20 U.S.C. 1071 et seq.)''
before the semicolon;
(2) in clause (ii), by striking ``part E of title IV of the
Higher Education Act of 1965'' and inserting ``part D or E of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et
seq., 1087aa et seq.)''; and
(3) in clause (iii), by striking ``part C of title VII of
Public Health Service Act or under part B of title VIII of such
Act'' and inserting ``part A of title VII of the Public Health
Service Act (42 U.S.C. 292 et seq.) or under part E of title
VIII of such Act (42 U.S.C. 297a et seq.)''.
(b) Personnel Covered.--(1) Section 5379(a)(2) of title 5, United
States Code, is amended to read as follows:
``(2) An employee shall be ineligible for benefits under this
section if the employee occupies a position that is excepted from the
competitive service because of its confidential, policy-determining,
policy-making, or policy-advocating character.''.
(2) Section 5379(b)(1) of title 5, United States Code, is amended by
striking ``professional, technical, or administrative''.
(c) Regulations.--(1) Not later than 60 days after the date of the
enactment of this Act, the Director of the Office of Personnel
Management shall issue proposed regulations under section 5379(g) of
title 5, United States Code. The Director shall provide for a period of
not less than 60 days for public comment on the regulations.
(2) Not later than 240 days after the date of the enactment of this
Act, the Director shall issue final regulations.
(d) Annual Reports.--Section 5379 of title 5, United States Code, is
amended by adding at the end the following:
``(h)(1) Each head of an agency shall maintain, and annually submit
to the Director of the Office of Personnel Management, information with
respect to the agency on--
``(A) the number of Federal employees selected to receive
benefits under this section;
``(B) the job classifications for the recipients; and
``(C) the cost to the Federal Government of providing the
benefits.
``(2) The Director of the Office of Personnel Management shall
prepare, and annually submit to Congress, a report containing the
information submitted under paragraph (1), and information
[[Page 114 STAT. 1654A-317]]
identifying the agencies that have provided benefits under this
section.''.
SEC. 1123. EXTENSION OF AUTHORITY FOR TUITION REIMBURSEMENT AND TRAINING
FOR CIVILIAN EMPLOYEES IN THE DEFENSE ACQUISITION WORKFORCE.
Section 1745(a)(2) of title 10, United States Code, is amended by
striking ``September 30, 2001'' and inserting ``September 30, 2010''.
Subtitle D--Other Benefits
SEC. 1131. ADDITIONAL SPECIAL PAY FOR FOREIGN LANGUAGE PROFICIENCY
BENEFICIAL FOR UNITED STATES NATIONAL SECURITY INTERESTS.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by inserting after section 1596 the following new section:
``Sec. 1596a. Foreign language proficiency: special pay for proficiency
beneficial for other national security interests
``(a) Authority.--The Secretary of Defense may pay special pay under
this section to an employee of the Department of Defense who--
``(1) has been certified by the Secretary to be proficient
in a foreign language identified by the Secretary as being a
language in which proficiency by civilian personnel of the
Department is necessary because of national security interests;
``(2) is assigned duties requiring proficiency in that
foreign language during a contingency operation supported by the
armed forces; and
``(3) is not receiving special pay under section 1596 of
this title.
``(b) Rate.--The rate of special pay for an employee under this
section shall be prescribed by the Secretary, but may not exceed five
percent of the employee's rate of basic pay.
``(c) Relationship to Other Pay and Allowances.--Special pay under
this section is in addition to any other pay or allowances to which the
employee is entitled.
``(d) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.''.
(b) Amendment To Distinguish Other Foreign Language Proficiency
Special Pay.--The heading for section 1596 of title 10, United States
Code, is amended to read as follows:
``Sec. 1596. Foreign language proficiency: special pay for proficiency
beneficial for intelligence interests''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of such title is amended by striking the item relating to
section 1596 and inserting the following new items:
``1596. Foreign language proficiency: special pay for proficiency
beneficial for intelligence interests.
``1596a. Foreign language proficiency: special pay for proficiency
beneficial for other national security interests.''.
[[Page 114 STAT. 1654A-318]]
SEC. 1132. APPROVAL AUTHORITY FOR CASH AWARDS IN EXCESS OF $10,000.
Section 4502 of title 5, United States Code, is amended by adding at
the end the following:
``(f ) The Secretary of Defense may grant a cash award under
subsection (b) of this section without regard to the requirements for
certification and approval provided in that subsection.''.
SEC. 1133. LEAVE FOR CREWS OF CERTAIN VESSELS.
Section 6305(c)(2) of title 5, United States Code, is amended to
read as follows:
``(2) may not be made the basis for a lump-sum payment,
except that civil service mariners of the Military Sealift
Command on temporary promotion aboard ship may be paid the
difference between their temporary and permanent rates of pay
for leave accrued under this section and section 6303 and not
otherwise used during the temporary promotion upon the
expiration or termination of the temporary promotion; and''.
SEC. 1134. LIFE INSURANCE FOR EMERGENCY ESSENTIAL DEPARTMENT OF DEFENSE
EMPLOYEES.
(a) In General.--Section 8702 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(c) Notwithstanding a notice previously given under subsection
(b), an employee of the Department of Defense who is designated as an
emergency essential employee under section 1580 of title 10 shall be
insured if the employee, within 60 days after the date of the
designation, elects to be insured under a policy of insurance under this
chapter. An election under the preceding sentence shall be effective
when provided to the Office in writing, in the form prescribed by the
Office, within such 60-day period.''.
(b) Applicability.--For purposes of section 8702(c) of title 5,
United States Code (as added by subsection (a)), an employee of the
Department of Defense who is designated as an emergency essential
employee under section 1580 of title 10, United States Code, before the
date of the enactment of this Act shall be deemed to be so designated on
the date of the enactment of this Act.
Subtitle E--Intelligence Civilian Personnel
SEC. 1141. EXPANSION OF DEFENSE CIVILIAN INTELLIGENCE PERSONNEL SYSTEM
POSITIONS.
(a) Authority for Senior DOD Intelligence Positions Throughout
Department of Defense.--Section 1601(a)(1) of title 10, United States
Code, is amended--
(1) by striking ``in the intelligence components of the
Department of Defense and the military departments'' and
inserting ``in the Department of Defense''; and
(2) by striking ``of those components and departments'' and
inserting ``of the Department''.
(b) Conforming Amendment for Persons Eligible for Postemployment
Assistance.--Section 1611 of such title is amended--
(1) in subsection (a)(1), by striking ``an intelligence
component of the Department of Defense'' and inserting ``a
defense intelligence position'';
(2) in subsection (b)--
[[Page 114 STAT. 1654A-319]]
(A) by striking ``sensitive position in an
intelligence component of the Department of Defense'' in
the matter preceding paragraph (1) and inserting
``sensitive defense intelligence position''; and
(B) by striking ``with the intelligence component''
in paragraphs (1) and (2) and inserting ``in a defense
intelligence position'';
(3) in subsection (d), by striking ``an intelligence
component of the Department of Defense'' and inserting ``in a
defense intelligence position''; and
(4) by striking subsection (f ).
(c) Conforming Amendment for Definition of Defense Intelligence
Position.--Section 1614(1) of such title is amended by striking ``of an
intelligence component of the Department of Defense or of a military
department'' and inserting ``of the Department of Defense''.
SEC. 1142. INCREASE IN NUMBER OF POSITIONS AUTHORIZED FOR THE DEFENSE
INTELLIGENCE SENIOR EXECUTIVE SERVICE.
Section 1606(a) of title 10, United States Code, is amended by
striking ``492'' and inserting ``517''.
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.
(a) Revision and Addition of Purposes for Department of Defense
VSIP.--Subsection (b) of section 5597 of title 5, United States Code, is
amended by inserting after ``transfer of function,'' the following:
``workforce restructuring (to meet mission needs, achieve one or more
strength reductions, correct skill imbalances, or reduce the number of
high-grade, managerial, or supervisory positions),''.
(b) Eligibility.--Subsection (c) of such section is amended--
(1) in paragraph (2), by inserting ``objective and
nonpersonal'' after ``similar''; and
(2) by adding at the end the following:
``A determination of which employees are within the scope of an offer of
separation pay shall be made only on the basis of consistent and well-
documented application of the relevant criteria.''.
(c) Installment Payments.--Subsection (d) of such section is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) shall be paid in a lump-sum or in installments;'';
(2) by striking ``and'' at the end of paragraph (3);
(3) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(4) by adding at the end the following:
``(5) if paid in installments, shall cease to be paid upon
the recipient's acceptance of employment by the Federal
Government, or commencement of work under a personal services
contract, as described in subsection (g)(1).''.
[[Page 114 STAT. 1654A-320]]
(d) Applicability of Repayment Requirement to Reemployment Under
Personal Services Contracts.--Subsection (g)(1) of such section is
amended by inserting after ``employment with the Government of the
United States'' the following: ``, or who commences work for an agency
of the United States through a personal services contract with the
United States,''.
SEC. 1152. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY RETIREMENT
AUTHORITY.
(a) Civil Service Retirement System.--Section 8336 of title 5,
United States Code, is amended--
(1) in subsection (d)(2), by inserting ``except in the case
of an employee who is separated from the service under a program
carried out under subsection (o),'' after ``(2)''; and
(2) by adding at the end the following:
``(o)(1) The Secretary of Defense may, during fiscal years 2002 and
2003, carry out a program under which an employee of the Department of
Defense may be separated from the service entitled to an immediate
annuity under this subchapter if the employee--
``(A) has--
``(i) completed 25 years of service; or
``(ii) become 50 years of age and completed 20 years
of service; and
``(B) is eligible for the annuity under paragraph (2) or
(3).
``(2)(A) For the purposes of paragraph (1), an employee referred to
in that paragraph is eligible for an immediate annuity under this
paragraph if the employee--
``(i) is separated from the service involuntarily other than
for cause; and
``(ii) has not declined a reasonable offer of another
position in the Department of Defense for which the employee is
qualified, which is not lower than 2 grades (or pay levels)
below the employee's grade (or pay level), and which is within
the employee's commuting area.
``(B) For the purposes of paragraph (2)(A)(i), a separation for
failure to accept a directed reassignment to a position outside the
commuting area of the employee concerned or to accompany a position
outside of such area pursuant to a transfer of function may not be
considered to be a removal for cause.
``(3) For the purposes of paragraph (1), an employee referred to in
that paragraph is eligible for an immediate annuity under this paragraph
if the employee satisfies all of the following conditions:
``(A) The employee is separated from the service voluntarily
during a period in which the organization within the Department
of Defense in which the employee is serving is undergoing a
major organizational adjustment.
``(B) The employee has been employed continuously by the
Department of Defense for more than 30 days before the date on
which the head of the employee's organization requests the
determinations required under subparagraph (A).
``(C) The employee is serving under an appointment that is
not limited by time.
``(D) The employee is not in receipt of a decision notice of
involuntary separation for misconduct or unacceptable
performance.
[[Page 114 STAT. 1654A-321]]
``(E) The employee is within the scope of an offer of
voluntary early retirement, as defined on the basis of one or
more of the following objective criteria:
``(i) One or more organizational units.
``(ii) One or more occupational groups, series, or
levels.
``(iii) One or more geographical locations.
``(iv) Any other similar objective and nonpersonal
criteria that the Office of Personnel Management
determines appropriate.
``(4) Under regulations prescribed by the Office of Personnel
Management, the determinations of whether an employee meets--
``(A) the requirements of subparagraph (A) of paragraph (3)
shall be made by the Office, upon the request of the Secretary
of Defense; and
``(B) the requirements of subparagraph (E) of such paragraph
shall be made by the Secretary of Defense.
``(5) A determination of which employees are within the scope of an
offer of early retirement shall be made only on the basis of consistent
and well-documented application of the relevant criteria.
``(6) In this subsection, the term `major organizational adjustment'
means any of the following:
``(A) A major reorganization.
``(B) A major reduction in force.
``(C) A major transfer of function.
``(D) A workforce restructuring--
``(i) to meet mission needs;
``(ii) to achieve one or more reductions in
strength;
``(iii) to correct skill imbalances; or
``(iv) to reduce the number of high-grade,
managerial, supervisory, or similar positions.''.
(b) Federal Employees' Retirement System.--Section 8414 of such
title is amended--
(1) in subsection (b)(1)(B), by inserting ``except in the
case of an employee who is separated from the service under a
program carried out under subsection (d),'' after ``(B)''; and
(2) by adding at the end the following:
``(d)(1) The Secretary of Defense may, during fiscal years 2002 and
2003, carry out a program under which an employee of the Department of
Defense may be separated from the service entitled to an immediate
annuity under this subchapter if the employee--
``(A) has--
``(i) completed 25 years of service; or
``(ii) become 50 years of age and completed 20 years
of service; and
``(B) is eligible for the annuity under paragraph (2) or
(3).
``(2)(A) For the purposes of paragraph (1), an employee referred to
in that paragraph is eligible for an immediate annuity under this
paragraph if the employee--
``(i) is separated from the service involuntarily other than
for cause; and
``(ii) has not declined a reasonable offer of another
position in the Department of Defense for which the employee is
qualified, which is not lower than 2 grades (or pay levels)
below the employee's grade (or pay level), and which is within
the employee's commuting area.
[[Page 114 STAT. 1654A-322]]
``(B) For the purposes of paragraph (2)(A)(i), a separation for
failure to accept a directed reassignment to a position outside the
commuting area of the employee concerned or to accompany a position
outside of such area pursuant to a transfer of function may not be
considered to be a removal for cause.
``(3) For the purposes of paragraph (1), an employee referred to in
that paragraph is eligible for an immediate annuity under this paragraph
if the employee satisfies all of the following conditions:
``(A) The employee is separated from the service voluntarily
during a period in which the organization within the Department
of Defense in which the employee is serving is undergoing a
major organizational adjustment.
``(B) The employee has been employed continuously by the
Department of Defense for more than 30 days before the date on
which the head of the employee's organization requests the
determinations required under subparagraph (A).
``(C) The employee is serving under an appointment that is
not limited by time.
``(D) The employee is not in receipt of a decision notice of
involuntary separation for misconduct or unacceptable
performance.
``(E) The employee is within the scope of an offer of
voluntary early retirement, as defined on the basis of one or
more of the following objective criteria:
``(i) One or more organizational units.
``(ii) One or more occupational groups, series, or
levels.
``(iii) One or more geographical locations.
``(iv) Any other similar objective and nonpersonal
criteria that the Office of Personnel Management
determines appropriate.
``(4) Under regulations prescribed by the Office of Personnel
Management, the determinations of whether an employee meets--
``(A) the requirements of subparagraph (A) of paragraph (3)
shall be made by the Office upon the request of the Secretary of
Defense; and
``(B) the requirements of subparagraph (E) of such paragraph
shall be made by the Secretary of Defense.
``(5) A determination of which employees are within the scope of an
offer of early retirement shall be made only on the basis of consistent
and well-documented application of the relevant criteria.
``(6) In this subsection, the term `major organizational adjustment'
means any of the following:
``(A) A major reorganization.
``(B) A major reduction in force.
``(C) A major transfer of function.
``(D) A workforce restructuring--
``(i) to meet mission needs;
``(ii) to achieve one or more reductions in
strength;
``(iii) to correct skill imbalances; or
``(iv) to reduce the number of high-grade,
managerial, supervisory, or similar positions.''.
(c) Conforming Amendments.--(1) Section 8339(h) of such title is
amended by striking out ``or ( j)'' in the first sentence and inserting
``( j), or (o)''.
[[Page 114 STAT. 1654A-323]]
(2) Section 8464(a)(1)(A)(i) of such title is amended by striking
out ``or (b)(1)(B)'' and ``, (b)(1)(B), or (d)''.
SEC. 1153. LIMITATIONS.
(a) Fiscal Year 2001 Limitations on VSIP.--Section 5597 of title 5,
United States Code, as amended by section 1151, is further amended by
adding at the end the following new subsection:
``(i)(1) Notwithstanding any other provision of this section, during
fiscal year 2001, separation pay may be offered under the program
carried out under this section with respect to workforce restructuring
only to persons who, upon separation, are entitled to an immediate
annuity under section 8336, 8412, or 8414 of this title and are
otherwise eligible for the separation pay under this section.
``(2) In the administration of the program under this section during
fiscal year 2001, the Secretary shall ensure that not more than 1,000
employees are, as a result of workforce restructuring, separated from
service in that fiscal year entitled to separation pay under this
section.
``(3) Separation pay may not be offered as a result of workforce
restructuring under the program carried out under this section after
fiscal year 2003.''.
(b) Limitations for Fiscal Years 2002 and 2003 on VSIP and VERA.--
(1) Subject to paragraph (2), the Secretary of Defense shall ensure
that, in each of fiscal years 2002 and 2003, not more than 4,000
employees of the Department of Defense are, as a result of workforce
restructuring, separated from service entitled to one or more of the
following benefits:
(A) Voluntary separation incentive pay under section 5597 of
title 5, United States Code.
(B) Immediate annuity under section 8336(o) or 8414(d) of
such title.
(2) Notwithstanding sections 5597(e), 8336(o), and 8414(d) of title
5, United States Code, the Secretary of Defense may carry out the
programs authorized in those sections during fiscal years 2002 and 2003
with respect to workforce restructuring only to the extent provided in a
law enacted by the One Hundred Seventh Congress.
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.
[[Page 114 STAT. 1654A-324]]
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.
Subtitle A--Matters Related to Arms Control
SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year 2001--The
total amount of the assistance for fiscal year 2001 that is provided by
the Secretary of Defense under section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the
Department of Defense in support of activities under that Act may not
exceed $15,000,000.
(b) Extension of Authority To Provide Assistance.--Subsection (f )
of section 1505 of the Weapons of Mass Destruction Control Act of 1992
(22 U.S.C. 5859a) is amended by striking ``2000'' and inserting
``2001''.
SEC. 1202. SUPPORT OF CONSULTATIONS ON ARAB AND ISRAELI ARMS CONTROL AND
REGIONAL SECURITY ISSUES.
Of the amount authorized to be appropriated by section 301(5), up to
$1,000,000 is available for the support of programs to promote formal
and informal region-wide consultations among Arab, Israeli, and United
States officials and experts on arms control and security issues
concerning the Middle East region.
SEC. 1203. FURNISHING OF NUCLEAR TEST MONITORING EQUIPMENT TO FOREIGN
GOVERNMENTS.
(a) In General.--Chapter 152 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2555. Nuclear test monitoring equipment: furnishing to foreign
governments
``(a) Authority To Convey or Provide Nuclear Test Monitoring
Equipment.--Subject to subsection (b), the Secretary of Defense may--
``(1) convey or otherwise provide to a foreign government
(A) equipment for the monitoring of nuclear test explosions, and
(B) associated equipment; and
[[Page 114 STAT. 1654A-325]]
``(2) as part of any such conveyance or provision of
equipment, install such equipment on foreign territory or in
international waters.
``(b) Agreement Required.--Nuclear test explosion monitoring
equipment may be conveyed or otherwise provided under subsection (a)
only pursuant to the terms of an agreement between the United States and
the foreign government receiving the equipment in which the recipient
foreign government agrees--
``(1) to provide the United States with timely access to the
data produced, collected, or generated by the equipment;
``(2) to permit the Secretary of Defense to take such
measures as the Secretary considers necessary to inspect, test,
maintain, repair, or replace that equipment, including access
for purposes of such measures; and
``(3) to return such equipment to the United States (or
allow the United States to recover such equipment) if either
party determines that the agreement no longer serves its
interests.
``(c) Report.--Promptly after entering into any agreement under
subsection (b), the Secretary of Defense shall submit to Congress a
report on the agreement. The report shall identify the country with
which the agreement was made, the anticipated costs to the United States
to be incurred under the agreement, and the national interest of the
United States that is furthered by the agreement.
``(d) Limitation on Delegation.--The Secretary of Defense may
delegate the authority of the Secretary to carry out this section only
to the Secretary of the Air Force. Such a delegation may be
redelegated.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2555. Nuclear test monitoring equipment: furnishing to foreign
governments.''.
SEC. 1204. ADDITIONAL MATTERS FOR ANNUAL REPORT ON TRANSFERS OF
MILITARILY SENSITIVE TECHNOLOGY TO COUNTRIES AND ENTITIES OF
CONCERN.
Section 1402(b) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 798) is amended by adding at the
end the following new paragraph:
``(4) The status of the implementation or other disposition
of recommendations included in reports of audits by Inspectors
General that have been set forth in a previous annual report
under this section pursuant to paragraph (3).''.
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.
Section 1035 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 753) is amended--
(1) in subsection (a), by striking ``Not later than 180 days
after the date of the enactment of this Act,'' and inserting
[[Page 114 STAT. 1654A-326]]
``Not later than April 1 each year (but subject to subsection
(e)),'';
(2) in subsection (b), by striking ``The report'' in the
matter preceding paragraph (1) and inserting ``Each report'';
(3) in subsection (d), by striking ``the report'' and
inserting ``a report''; and
(4) by adding at the end the following new subsection:
``(e) Termination When United States Military Operations End.--(1)
No report is required under this section after United States military
operations in the Balkans region have ended.
``(2) After the requirement for an annual report under this section
is terminated by operation of paragraph (1), but not later than the
latest date on which the next annual report under this section would,
except for paragraph (1), otherwise be due, the Secretary of Defense
shall transmit to Congress a notification of the termination of the
reporting requirement.''.
SEC. 1212. SITUATION IN THE BALKANS.
(a) Establishment of NATO Benchmarks for Withdrawal of Forces From
Kosovo.--The President shall develop, not later than May 31, 2001,
militarily significant benchmarks for conditions that would achieve a
sustainable peace in Kosovo and ultimately allow for the withdrawal of
the United States military presence in Kosovo. Congress urges the
President to seek concurrence among member nations of the North Atlantic
Treaty Organization in the development of those benchmarks.
(b) Comprehensive Political-Military Strategy.--(1) The President--
(A) shall develop a comprehensive political-military
strategy for addressing the political, economic, humanitarian,
and military issues in the Balkans; and
(B) shall establish near-term, mid-term, and long-term
objectives in the region.
(2) In developing that strategy and those objectives, the President
shall take into consideration--
(A) the benchmarks relating to Kosovo developed as described
in subsection (a); and
(B) the benchmarks relating to Bosnia that were detailed in
the report accompanying the certification by the President to
Congress on March 3, 1998 (printed as House Document 105-223),
with respect to the continued presence of United States Armed
Forces, after June 30, 1998, in Bosnia and Herzegovina,
submitted to Congress pursuant to section 7 of title I of the
1998 Supplemental Appropriations and Rescissions Act (Public Law
105-174; 112 Stat. 63).
(3) That strategy and those objectives shall be developed in
consultation with appropriate regional and international entities.
(c) Semiannual Report on Benchmarks.--Not later than June 30, 2001,
and every six months thereafter, the President shall submit to Congress
a report on the progress made in achieving the benchmarks developed
pursuant to subsection (a). The President may submit a single report
covering these benchmarks and the benchmarks relating to Bosnia referred
to in subsection (b)(2)(B).
(d) Semiannual Report on Comprehensive Strategy.--Not later than
June 30, 2001, and every six months thereafter so long as United States
forces are in the Balkans, the President shall submit to Congress a
report on the progress being made
[[Page 114 STAT. 1654A-327]]
in developing and implementing a comprehensive political-military
strategy as described in subsection (b)(1)(A).
SEC. 1213. SEMIANNUAL REPORT ON KOSOVO PEACEKEEPING.
(a) Requirement for Periodic Report.--The President shall submit to
the specified congressional committees a semiannual report on the
contributions of European nations and organizations to the peacekeeping
operations in Kosovo. The first such report shall be submitted not later
than December 1, 2000.
(b) Content of Report.--Each report shall contain detailed
information on the following:
(1) The commitments and pledges made by the European
Commission, the member nations of the European Union, and the
European member nations of the North Atlantic Treaty
Organization for--
(A) reconstruction assistance in Kosovo;
(B) humanitarian assistance in Kosovo;
(C) the Kosovo Consolidated Budget;
(D) police (including special police) for the United
Nations international police force for Kosovo; and
(E) military personnel for peacekeeping operations
in Kosovo.
(2) The amount of the assistance that has been provided in
each category, and the number of police and military personnel
that have been deployed to Kosovo, by each organization or
nation referred to in paragraph (1).
(3) The full range of commitments and responsibilities that
have been undertaken for Kosovo by the United Nations, the
European Union, and the Organization for Security and
Cooperation in Europe (OSCE), the progress made by those
organizations in fulfilling those commitments and
responsibilities, an assessment of the tasks that remain to be
accomplished, and an anticipated schedule for completing those
tasks.
(d) Specified Congressional Committees.--In the section, the term
``specified congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
International Relations, and the Committee on Appropriations of
the House of Representatives.
Subtitle C--North Atlantic Treaty Organization and United States Forces
in Europe
SEC. 1221. NATO FAIR BURDENSHARING.
(a) Report on Costs of Operation Allied Force.--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 costs to the United States of the 78-day air campaign
known as Operation Allied Force conducted against the Federal Republic
of Yugoslavia during the period from March 24 through June 9, 1999. The
report shall include the following:
[[Page 114 STAT. 1654A-328]]
(1) The costs of ordnance expended, fuel consumed, and
personnel.
(2) The estimated cost of the reduced service life of United
States aircraft and other systems participating in the
operation.
(b) Report on Burdensharing of Future NATO Operations.--Whenever the
North Atlantic Treaty Organization undertakes a military operation, 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 describing--
(1) the contributions to that operation made by each of the
member nations of the North Atlantic Treaty Organization during
that operation; and
(2) the contributions that each of the member nations of the
North Atlantic Treaty Organization are making or have pledged to
make during any follow-on operation.
(c) Time for Submission of Report.--A report under subsection (b)
shall be submitted not later than 90 days after the completion of the
military operation.
(d) Applicability.--Subsection (b) shall apply only with respect to
military operations begun after the date of the enactment of this Act.
SEC. 1222. REPEAL OF RESTRICTION PREVENTING COOPERATIVE AIRLIFT SUPPORT
THROUGH ACQUISITION AND CROSS-SERVICING AGREEMENTS.
Section 2350c of title 10, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 1223. GAO STUDY ON THE BENEFITS AND COSTS OF UNITED STATES MILITARY
ENGAGEMENT IN EUROPE.
(a) Comptroller General Study.--The Comptroller General shall
conduct a study assessing the benefits and costs to the United States
and United States national security interests of the engagement of
United States forces in Europe and of United States military strategies
used to shape the international security environment in Europe.
(b) Matters To Be Included.--The study shall include an assessment
of the following matters:
(1) The benefits and costs to the United States of having
forces stationed in Europe and assigned to areas of regional
conflict such as Bosnia and Kosovo.
(2) The benefits and costs associated with stationing United
States forces in Europe and with assigning those forces to areas
of regional conflict, including an analysis of the benefits and
costs of deploying United States forces with the forces of
European allies.
(3) The amount and type of the following kinds of
contributions to European security made by European allies in
1999 and 2000:
(A) Financial contributions.
(B) Contributions of military personnel and units.
(C) Contributions of nonmilitary personnel, such as
medical personnel, police officers, judicial officers,
and other civic officials.
[[Page 114 STAT. 1654A-329]]
(D) Contributions, including contributions in kind,
for humanitarian and reconstruction assistance and
infrastructure building or activities that contribute to
regional stability, whether in lieu of or in addition to
military-related contributions.
(4) The extent to which a forward United States military
presence compensates for existing shortfalls of air and sea lift
capability in the event of regional conflict in Europe or the
Middle East.
(c) Report.--The Comptroller General shall submit to the Committees
on Armed Services of the Senate and House of Representatives a report on
the results of the study not later than December 1, 2001.
Subtitle D--Other Matters
SEC. 1231. JOINT DATA EXCHANGE CENTER WITH RUSSIAN FEDERATION ON EARLY
WARNING SYSTEMS AND NOTIFICATION OF BALLISTIC MISSILE
LAUNCHES.
(a) Authority.--The Secretary of Defense is authorized to establish,
in conjunction with the Government of the Russian Federation, a United
States-Russian Federation joint center for the exchange of data from
systems to provide early warning of launches of ballistic missiles and
for notification of launches of such missiles.
(b) Specific Actions.--The actions that the Secretary undertakes for
the establishment of the center may include--
(1) subject to subsection (d), participating in the
renovation of a mutually agreed upon facility to be made
available by the Russian Federation; and
(2) the furnishing of such equipment and supplies as may be
necessary to begin the operation of the center.
(c) Report Required.--(1) Not later than 30 days after the date of
the enactment of this Act, 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 plans for the joint data
exchange center.
(2) The report shall include the following:
(A) A detailed explanation as to why the particular facility
intended to house the center was chosen.
(B) An estimate of the total cost of renovating that
facility for use by the center.
(C) A description of the manner by which the United States
proposes to meet its share of the costs of such renovation.
(d) Limitation.--(1) The Secretary of Defense may participate under
subsection (b) in the renovation of the facility identified in the
report under subsection (c) only if the United States and the Russian
Federation enter into a cost-sharing arrangement that provides for an
equal sharing between the two nations of the cost of establishing the
center, including the costs of renovating and operating the facility.
(2) Not more than $4,000,000 of funds appropriated for fiscal year
2001 may be obligated or expended after the date of the enactment of
this Act by the Secretary of Defense for the renovation of such facility
until 30 days after the date on which the Secretary submits to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives
[[Page 114 STAT. 1654A-330]]
a copy of a written agreement between the United States and the Russian
Federation that provides details of the cost-sharing arrangement
specified in paragraph (1), in accordance with the Memorandum of
Agreement between the two nations signed in Moscow in June 2000.
SEC. 1232. REPORT ON SHARING AND EXCHANGE OF BALLISTIC MISSILE LAUNCH
EARLY WARNING DATA.
Not later than March 15, 2001, 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 current and
planned activities of the Department of Defense with respect to the
sharing and exchange with other countries of early warning data
concerning ballistic missile launches. The report shall include the
Secretary's assessment of the benefits and risks of sharing such data
with other countries on a bilateral or multilateral basis.
SEC. 1233. ANNUAL REPORT OF COMMUNIST CHINESE MILITARY COMPANIES
OPERATING IN THE UNITED STATES.
Section 1237(b) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (50 U.S.C. 1701 note) is amended--
(1) by striking ``Publication'' in the subsection heading
and inserting ``Reporting''; and
(2) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Initial determination and reporting.--Not later than
March 1, 2001, the Secretary of Defense shall make a
determination of those persons operating directly or indirectly
in the United States or any of its territories and possessions
that are Communist Chinese military companies and shall submit a
list of those persons in classified and unclassified form to the
following:
``(A) The Committee on Armed Services of the House
of Representatives.
``(B) The Committee on Armed Services of the Senate.
``(C) The Secretary of State.
``(D) The Secretary of the Treasury.
``(E) The Attorney General.
``(F) The Secretary of Commerce.
``(G) The Secretary of Energy.
``(H) The Director of Central Intelligence.
``(2) Annual revisions to the list.--The Secretary of
Defense shall make additions or deletions to the list submitted
under paragraph (1) on an annual basis based on the latest
information available and shall submit the updated list not
later than February 1, each year to the committees and officers
specified in paragraph (1).''.
SEC. 1234. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE LEVELS OF
HIGH PERFORMANCE COMPUTERS.
(a) Layover Period for New Performance Levels.--Section 1211 of the
National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. App.
2404 note) is amended--
(1) in the second sentence of subsection (d), by striking
``180'' and inserting ``60''; and
(2) by adding at the end the following new subsection:
[[Page 114 STAT. 1654A-331]]
``(h) Calculation of 60-Day Period.--The 60-day period referred to
in subsection (d) shall be calculated by excluding the days on which
either House of Congress is not in session because of an adjournment of
the Congress sine die.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to any new composite theoretical performance level established for
purposes of section 1211(a) of the National Defense Authorization Act
for Fiscal Year 1998 that is submitted by the President pursuant to
section 1211(d) of that Act on or after the date of the enactment of
this Act.
SEC. 1235. INCREASED AUTHORITY TO PROVIDE HEALTH CARE SERVICES AS
HUMANITARIAN AND CIVIC ASSISTANCE.
Section 401(e)(1) of title 10, United States Code, is amended by
striking ``rural areas of a country'' and inserting ``areas of a country
that are rural or are underserved by medical, dental, and veterinary
professionals, respectively''.
SEC. 1236. SENSE OF CONGRESS REGARDING THE USE OF CHILDREN AS SOLDIERS.
(a) Findings.--Congress makes the following findings:
(1) In the year 2000, approximately 300,000 individuals
under the age of 18 are participating in armed conflict in more
than 30 countries worldwide.
(2) Many children participating in armed conflict in various
countries around the world are forcibly conscripted through
kidnapping or coercion, while others join military units due to
economic necessity, to avenge the loss of a family member, or
for their own personal safety.
(3) Many military commanders frequently force child soldiers
to commit gruesome acts of ritual killings or torture against
their enemies, including against other children.
(4) Many military commanders separate children from their
families in order to foster dependence on military units and
leaders, leaving children vulnerable to manipulation, deep
traumatization, and in need of psychological counseling and
rehabilitation.
(5) Child soldiers are exposed to hazardous conditions and
risk physical injuries, sexually transmitted diseases,
malnutrition, deformed backs and shoulders from carrying
overweight loads, and respiratory and skin infections.
(6) Many young female soldiers face the additional
psychological and physical horrors of rape and sexual abuse,
being enslaved for sexual purposes by militia commanders, and
forced to endure severe social stigma should they return home.
(7) Children in northern Uganda continue to be kidnapped by
the Lords Resistance Army (LRA), which is supported and funded
by the Government of Sudan and which has committed and continues
to commit gross human rights violations in Uganda.
(8) Children in Sri Lanka have been forcibly recruited by
the opposition Tamil Tigers movement and forced to kill or be
killed in the armed conflict in that country.
(9) An estimated 7,000 child soldiers have been involved in
the conflict in Sierra Leone, some as young as age 10, with many
being forced to commit extrajudicial executions, torture, rape,
and amputations for the rebel Revolutionary United Front.
[[Page 114 STAT. 1654A-332]]
(10) On January 21, 2000, in Geneva, a United Nations
Working Group, including representatives from more than 80
governments including the United States, reached consensus on an
international agreement, referred to in this case as an
``optional protocol'', on the use of child soldiers.
(11) This optional protocol, upon entry into force, will--
(A) raise the international minimum age for
conscription and will require governments to take all
feasible measures to ensure that members of their armed
forces under age 18 do not participate directly in
combat;
(B) prohibit the recruitment and use in armed
conflict of persons under the age of 18 by
nongovernmental armed forces;
(C) encourage governments to raise the minimum legal
age for voluntary recruits above the current standard of
15; and
(D) commit governments to support the demobilization
and rehabilitation of child soldiers and, when possible,
to allocate resources to this purpose.
(12) On October 29, 1998, United Nations Secretary General
Kofi Annan set minimum age requirements for United Nations
peacekeeping personnel that are made available by member nations
of the United Nations.
(13) The United Nations Under-Secretary General for Peace-
keeping, Bernard Miyet, announced in the Fourth Committee of the
General Assembly that contributing governments of member nations
were asked not to send civilian police and military observers
under the age of 25 and that troops in national contingents
should preferably be at least 21 years of age but in no case
should they be younger than 18 years of age.
(14) On August 25, 1999, the United Nations Security Council
unanimously passed Resolution 1261 (1999) condemning the use of
children in armed conflicts.
(15) In addressing the Security Council on August 26, 1999,
the Special Representative of the Secretary General for Children
and Armed Conflict, Olara Otunnu, urged the adoption of a global
three-pronged approach to combatting the use of children in
armed conflict that would--
(A) first, raise the age limit for recruitment and
participation in armed conflict from the present age of
15 to the age of 18;
(B) second, increase international pressure on armed
groups which currently abuse children; and
(C) third, address the political, social, and
economic factors that create an environment in which
children are induced by appeal of ideology or by socio-
economic collapse to become child soldiers.
(16) The United States delegation to the United Nations
working group relating to child soldiers, which included
representatives from the Department of Defense, supported the
Geneva agreement on the optional protocol.
(17) On May 25, 2000, the United Nations General Assembly
unanimously adopted the optional protocol on the use of child
soldiers.
(18) The optional protocol was opened for signature on June
5, 2000.
[[Page 114 STAT. 1654A-333]]
(19) The President signed the optional protocol on behalf of
the United States on July 5, 2000.
(b) Congressional Statements on Child Soldiers.--Congress joins the
international community in--
(1) condemning the use of children as soldiers by
governmental and nongovernmental armed forces worldwide; and
(2) welcoming the optional protocol on the use of child
soldiers adopted by the United Nations General Assembly on May
25, 2000, as a critical first step in ending the use of children
as soldiers.
(c) Sense of Congress on Further Actions.--It is the sense of
Congress that--
(1) it is essential that the President consult closely with
the Senate with the objective of building support for
ratification by the United States of the optional protocol and
that the Senate move forward as expeditiously as possible;
(2) the United States should provide assistance, through a
new fund to be established by law, for the rehabilitation and
reintegration into their respective civilian societies of child
soldiers of other nations; and
(3) the President, acting through the Secretaries of State
and Defense and other appropriate officials, should undertake
all possible efforts to persuade and encourage other governments
to ratify and endorse the optional protocol on the use of child
soldiers.
SEC. 1237. SENSE OF CONGRESS REGARDING UNDERSEA RESCUE AND RECOVERY.
(a) Findings.--Congress makes the following findings:
(1) The tragic loss in August 2000 of the Russian submarine
Kursk resulted in the death of all 118 members of the
submarine's crew.
(2) The Kursk is the third vessel of the submarine fleet of
the Russian Federation and its predecessor, the Union of Soviet
Socialist Republics, to be lost in an accident at sea with
considerable loss of life of the officers and crews of those
submarines.
(3) The United States submarines USS Thresher and USS
Scorpion, with their officers and crews, were also lost at sea
in tragic accidents, in 1963 and 1968, respectively.
(4) The United States, the Russian Federation, and other
maritime nations possess extensive capabilities consisting of
naval and research vessels and other assets that could be used
to respond to accidents or incidents involving submarines or
other undersea vessels.
(5) The United States Navy has rescue agreements with the
navies of 14 countries from Europe, the Western Pacific, and the
Americas, but not including the Russian Federation, and
exercises regularly to train crews and practice submarine rescue
procedures with the navies of participating nations.
(b) Expression of Sympathy.--Congress expresses its sympathy and the
sympathy of the American people to the people of the Russian Federation
and joins the Russian people in mourning the death of the crewmen of the
submarine Kursk.
(c) Sense of Congress Concerning International Cooperation.--It is
the sense of Congress that when undersea accidents or incidents
involving submarines or other undersea vessels occur,
[[Page 114 STAT. 1654A-334]]
it is in the best interests of all nations to work together to respond
promptly to the accident or incident, rescue and recover the crew of the
vessel, minimize the loss of life, and prevent damage to the oceans.
(d) Establishment of Plan for Responding to Undersea Accidents or
Incidents.--Congress urges the President of the United States and the
President of the Russian Federation, in coordination with the leaders of
other maritime nations that possess undersea naval and research vessels
and undersea rescue capabilities, to cooperate in establishing a plan
for--
(1) responding to accidents or incidents involving
submarines or other undersea vessels; and
(2) rescue and recovery of the crew of the vessels involved
in such accidents or incidents.
SEC. 1238. UNITED STATES-CHINA SECURITY REVIEW COMMISSION.
(a) Purposes.--The purposes of this section are as follows:
(1) To establish the United States-China Security Review
Commission to review the national security implications of trade
and economic ties between the United States and the People's
Republic of China.
(2) To facilitate the assumption by the United States-China
Security Review Commission of its duties regarding the review
referred to in paragraph (1) by providing for the transfer to
that Commission of staff, materials, and infrastructure
(including leased premises) of the Trade Deficit Review
Commission that are appropriate for the review upon the
submittal of the final report of the Trade Deficit Review
Commission.
(b) Establishment of United States-China Security Review
Commission.--
(1) In general.--There is hereby established a commission to
be known as the United States-China Security Review Commission
(in this section referred to as the ``Commission'').
(2) Purpose.--The purpose of the Commission is to monitor,
investigate, and report to Congress on the national security
implications of the bilateral trade and economic relationship
between the United States and the People's Republic of China.
(3) Membership.--The Commission shall be composed of 12
members, who shall be appointed in the same manner provided for
the appointment of members of the Trade Deficit Review
Commission under section 127(c)(3) of the Trade Deficit Review
Commission Act (19 U.S.C. 2213 note), except that--
(A) appointment of members by the Speaker of the
House of Representatives shall be made after
consultation with the chairman of the Committee on Armed
Services of the House of Representatives, in addition to
consultation with the chairman of the Committee on Ways
and Means of the House of Representatives provided for
under clause (iii) of subparagraph (A) of that section;
(B) appointment of members by the President pro
tempore of the Senate upon the recommendation of the
majority leader of the Senate shall be made after
consultation with the chairman of the Committee on Armed
Services of the Senate, in addition to consultation with
the chairman of the Committee on Finance of the Senate
provided for under clause (i) of that subparagraph;
[[Page 114 STAT. 1654A-335]]
(C) appointment of members by the President pro
tempore of the Senate upon the recommendation of the
minority leader of the Senate shall be made after
consultation with the ranking minority member of the
Committee on Armed Services of the Senate, in addition
to consultation with the ranking minority member of the
Committee on Finance of the Senate provided for under
clause (ii) of that subparagraph;
(D) appointment of members by the minority leader of
the House of Representatives shall be made after
consultation with the ranking minority member of the
Committee on Armed Services of the House of
Representatives, in addition to consultation with the
ranking minority member of the Committee on Ways and
Means of the House of Representatives provided for under
clause (iv) of that subparagraph;
(E) persons appointed to the Commission shall have
expertise in national security matters and United
States-China relations, in addition to the expertise
provided for under subparagraph (B)(i)(I) of that
section;
(F) members shall be appointed to the Commission not
later than 30 days after the date on which each new
Congress convenes;
(G) members of the Commission may be reappointed for
additional terms of service as members of the
Commission; and
(H) members of the Trade Deficit Review Commission
as of the date of the enactment of this Act shall serve
as members of the Commission until such time as members
are first appointed to the Commission under this
paragraph.
(4) Retention of support.--The Commission shall retain and
make use of such staff, materials, and infrastructure (including
leased premises) of the Trade Deficit Review Commission as the
Commission determines, in the judgment of the members of the
Commission, are required to facilitate the ready commencement of
activities of the Commission under subsection (c) or to carry
out such activities after the commencement of such activities.
(5) Chairman and vice chairman.--The members of the
Commission shall select a Chairman and Vice Chairman of the
Commission from among the members of the Commission.
(6) Meetings.--
(A) Meetings.--The Commission shall meet at the call
of the Chairman of the Commission.
(B) Quorum.--A majority of the members of the
Commission shall constitute a quorum for the transaction
of business of the Commission.
(7) Voting.--Each member of the Commission shall be entitled
to one vote, which shall be equal to the vote of every other
member of the Commission.
(c) Duties.--
(1) Annual report.--Not later than March 1 each year
(beginning in 2002), the Commission shall submit to Congress a
report, in both unclassified and classified form, regarding the
national security implications and impact of the bilateral trade
and economic relationship between the United States
[[Page 114 STAT. 1654A-336]]
and the People's Republic of China. The report shall include a
full analysis, along with conclusions and recommendations for
legislative and administrative actions, if any, of the national
security implications for the United States of the trade and
current balances with the People's Republic of China in goods
and services, financial transactions, and technology transfers.
The Commission shall also take into account patterns of trade
and transfers through third countries to the extent practicable.
(2) Contents of report.--Each report under paragraph (1)
shall include, at a minimum, a full discussion of the following:
(A) The portion of trade in goods and services with
the United States that the People's Republic of China
dedicates to military systems or systems of a dual
nature that could be used for military purposes.
(B) The acquisition by the People's Republic of
China of advanced military or dual-use technologies from
the United States by trade (including procurement) and
other technology transfers, especially those transfers,
if any, that contribute to the proliferation of weapons
of mass destruction or their delivery systems, or that
undermine international agreements or United States laws
with respect to nonproliferation.
(C) Any transfers, other than those identified under
subparagraph (B), to the military systems of the
People's Republic of China made by United States firms
and United States-based multinational corporations.
(D) An analysis of the statements and writing of the
People's Republic of China officials and officially-
sanctioned writings that bear on the intentions, if any,
of the Government of the People's Republic of China
regarding the pursuit of military competition with, and
leverage over, or cooperation with, the United States
and the Asian allies of the United States.
(E) The military actions taken by the Government of
the People's Republic of China during the preceding year
that bear on the national security of the United States
and the regional stability of the Asian allies of the
United States.
(F) The effects, if any, on the national security
interests of the United States of the use by the
People's Republic of China of financial transactions and
capital flow and currency manipulations.
(G) Any action taken by the Government of the
People's Republic of China in the context of the World
Trade Organization that is adverse or favorable to the
United States national security interests.
(H) Patterns of trade and investment between the
People's Republic of China and its major trading
partners, other than the United States, that appear to
be substantively different from trade and investment
patterns with the United States and whether the
differences have any national security implications for
the United States.
(I) The extent to which the trade surplus of the
People's Republic of China with the United States
enhances the military budget of the People's Republic of
China.
[[Page 114 STAT. 1654A-337]]
(J) An overall assessment of the state of the
security challenges presented by the People's Republic
of China to the United States and whether the security
challenges are increasing or decreasing from previous
years.
(3) Recommendations of report.--Each report under paragraph
(1) shall also include recommendations for action by Congress or
the President, or both, including specific recommendations for
the United States to invoke Article XXI (relating to security
exceptions) of the General Agreement on Tariffs and Trade 1994
with respect to the People's Republic of China, as a result of
any adverse impact on the national security interests of the
United States.
(d) Hearings.--
(1) In general.--The Commission or, at its direction, any
panel or member of the Commission, may for the purpose of
carrying out the provisions of this section, hold hearings, sit
and act at times and places, take testimony, receive evidence,
and administer oaths to the extent that the Commission or any
panel or member considers advisable.
(2) Information.--The Commission may secure directly from
the Department of Defense, the Central Intelligence Agency, and
any other Federal department or agency information that the
Commission considers necessary to enable the Commission to carry
out its duties under this section, except the provision of
intelligence information to the Commission shall be made with
due regard for the protection from unauthorized disclosure of
classified information relating to sensitive intelligence
sources and methods or other exceptionally sensitive matters,
under procedures approved by the Director of Central
Intelligence.
(3) Security.--The Office of Senate Security shall--
(A) provide classified storage and meeting and
hearing spaces, when necessary, for the Commission; and
(B) assist members and staff of the Commission in
obtaining security clearances.
(4) Security clearances.--All members of the Commission and
appropriate staff shall be sworn and hold appropriate security
clearances.
(e) Commission Personnel Matters.--
(1) Compensation of members.--Members of the Commission
shall be compensated in the same manner provided for the
compensation of members of the Trade Deficit Review Commission
under section 127(g)(1) and section 127(g)(6) of the Trade
Deficit Review Commission Act (19 U.S.C. 2213 note).
(2) Travel expenses.--Travel expenses of the Commission
shall be allowed in the same manner provided for the allowance
of the travel expenses of the Trade Deficit Review Commission
under section 127(g)(2) of the Trade Deficit Review Commission
Act.
(3) Staff.--An executive director and other additional
personnel for the Commission shall be appointed, compensated,
and terminated in the same manner provided for the appointment,
compensation, and termination of the executive director and
other personnel of the Trade Deficit Review Commission under
section 127(g)(3) and section 127(g)(6) of the Trade Deficit
Review Commission Act.
[[Page 114 STAT. 1654A-338]]
(4) Detail of government employees.--Federal Government
employees may be detailed to the Commission in the same manner
provided for the detail of Federal Government employees to the
Trade Deficit Review Commission under section 127(g)(4) of the
Trade Deficit Review Commission Act.
(5) Foreign travel for official purposes.--Foreign travel
for official purposes by members and staff of the Commission may
be authorized by either the Chairman or the Vice Chairman of the
Commission.
(6) Procurement of temporary and intermittent services.--The
Chairman of the Commission may procure temporary and
intermittent services for the Commission in the same manner
provided for the procurement of temporary and intermittent
services for the Trade Deficit Review Commission under section
127(g)(5) of the Trade Deficit Review Commission Act.
(f ) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Commission for fiscal year 2001, and for each fiscal year
thereafter, such sums as may be necessary to enable the
Commission to carry out its functions under this section.
(2) Availability.--Amounts appropriated to the Commission
shall remain available until expended.
(g) Federal Advisory Committee Act.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(h) Effective Date.--This section shall take effect on the first day
of the 107th Congress.
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.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note).
[[Page 114 STAT. 1654A-339]]
(b) Fiscal Year 2001 Cooperative Threat Reduction Funds Defined.--As
used in this title, the term ``fiscal year 2001 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $443,400,000 authorized
to be appropriated to the Department of Defense for fiscal year 2001 in
section 301(23) for Cooperative Threat Reduction programs, not more than
the following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$177,800,000.
(2) For strategic nuclear arms elimination in Ukraine,
$29,100,000.
(3) For activities to support warhead dismantlement
processing in Russia, $9,300,000.
(4) For weapons transportation security in Russia,
$14,000,000.
(5) For planning, design, and construction of a storage
facility for Russian fissile material, $57,400,000.
(6) For weapons storage security in Russia, $89,700,000.
(7) For development of a cooperative program with the
Government of Russia to eliminate the production of weapons
grade plutonium at Russian reactors, $32,100,000.
(8) For biological weapons proliferation prevention
activities in the former Soviet Union, $12,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $13,000,000.
(10) For defense and military contacts, $9,000,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2001 Cooperative Threat Reduction funds may be
obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (10) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the amount
of funds to be obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expenditure of
fiscal year 2001 Cooperative Threat Reduction funds for a purpose for
which the obligation or expenditure of such funds is specifically
prohibited under this title or any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1) Subject to
paragraphs (2) and (3), in any case in which the Secretary of Defense
determines that it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal year 2001 for a
purpose listed in any of the paragraphs in subsection (a) in excess of
the amount specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount authorized
for such purpose may be made using the authority provided in paragraph
(1) only after--
[[Page 114 STAT. 1654A-340]]
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in paragraph
(1), obligate amounts for the purposes stated in any of paragraph (4),
(5), (7), (9), or (10) of subsection (a) in excess of 115 percent of the
amount specifically authorized for such purposes.
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR ELIMINATION OF CONVENTIONAL
WEAPONS.
No fiscal year 2001 Cooperative Threat Reduction funds, and no funds
appropriated for Cooperative Threat Reduction programs for any other
fiscal year, may be obligated or expended for elimination of
conventional weapons or the delivery vehicles primarily intended to
deliver such weapons.
SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL STORAGE
FACILITY.
(a) Limitations.--No fiscal year 2001 Cooperative Threat Reduction
funds may be used--
(1) for construction of a second wing for the storage
facility for Russian fissile material referred to in section
1302(a)(5); or
(2) for design or planning with respect to such facility
until 15 days after the date that the Secretary of Defense
submits to Congress notification that Russia and the United
States have signed a written transparency agreement that
provides for verification that material stored at the facility
is of weapons origin.
(b) Establishment of Funding Cap for First Wing of Storage
Facility.--Out of funds authorized to be appropriated for Cooperative
Threat Reduction programs for fiscal year 2001 or any other fiscal year,
not more than $412,600,000 may be used for planning, design, or
construction of the first wing for the storage facility for Russian
fissile material referred to in section 1302(a)(5).
SEC. 1305. LIMITATION ON USE OF FUNDS TO SUPPORT WARHEAD DISMANTLEMENT
PROCESSING.
No fiscal year 2001 Cooperative Threat Reduction funds may be used
for activities to support warhead dismantlement processing in Russia
until 15 days after the date that the Secretary of Defense submits to
Congress notification that the United States has reached an agreement
with Russia, which shall provide for appropriate transparency measures,
regarding assistance by the United States with respect to such
processing.
SEC. 1306. AGREEMENT ON NUCLEAR WEAPONS STORAGE SITES.
The Secretary of Defense shall seek to enter into an agreement with
Russia regarding procedures to allow the United States appropriate
access to nuclear weapons storage sites for which assistance under
Cooperative Threat Reduction programs is provided.
[[Page 114 STAT. 1654A-341]]
SEC. 1307. LIMITATION ON USE OF FUNDS FOR CONSTRUCTION OF FOSSIL FUEL
ENERGY PLANTS; REPORT.
(a) In General.--No fiscal year 2001 Cooperative Threat Reduction
funds may be used for the construction of a fossil fuel energy plant
intended to provide power to local communities that already receive
power from nuclear energy plants that produce plutonium.
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the President shall submit to Congress a report detailing
options for assisting Russia in the development of alternative energy
sources to the three plutonium production reactors remaining in
operation in Russia. The report shall include--
(1) an assessment of the costs of building fossil fuel
plants in Russia to replace the existing plutonium production
reactors; and
(2) an identification of funding sources, other than
Cooperative Threat Reduction funds, that could possibly be used
for the construction of such plants in the event that the option
to use fossil fuel energy is chosen as part of a plan to shut
down Russia's nuclear plutonium production reactors at Seversk
and Zelenogorsk.
SEC. 1308. REPORTS ON ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE THREAT
REDUCTION PROGRAMS.
(a) Annual Report.--In any year in which the budget of the President
under section 1105 of title 31, United States Code, for the fiscal year
beginning in such year requests funds for the Department of Defense for
assistance or activities under Cooperative Threat Reduction programs
with the states of the former Soviet Union, the Secretary of Defense
shall submit to Congress a report on activities and assistance during
the preceding fiscal year under Cooperative Threat Reduction programs
setting forth the matters in subsection (c).
(b) Deadline for Report.--The report under subsection (a) shall be
submitted not later than the first Monday in February of a year.
(c) Matters To Be Included.--The report under subsection (a) in a
year shall set forth the following:
(1) An estimate of the total amount that will be required to
be expended by the United States in order to achieve the
objectives of the Cooperative Threat Reduction programs.
(2) A five-year plan setting forth the amount of funds and
other resources proposed to be provided by the United States for
Cooperative Threat Reduction programs over the term of the plan,
including the purpose for which such funds and resources will be
used, and to provide guidance for the preparation of annual
budget submissions with respect to Cooperative Threat Reduction
programs.
(3) A description of the Cooperative Threat Reduction
activities carried out during the fiscal year ending in the year
preceding the year of the report, including--
(A) the amounts notified, obligated, and expended
for such activities and the purposes for which such
amounts were notified, obligated, and expended for such
fiscal year and cumulatively for Cooperative Threat
Reduction programs;
[[Page 114 STAT. 1654A-342]]
(B) a description of the participation, if any, of
each department and agency of the United States
Government in such activities;
(C) a description of such activities, including the
forms of assistance provided;
(D) a description of the United States private
sector participation in the portion of such activities
that were supported by the obligation and expenditure of
funds for Cooperative Threat Reduction programs; and
(E) such other information as the Secretary of
Defense considers appropriate to inform Congress fully
of the operation of Cooperative Threat Reduction
programs and activities, including with respect to
proposed demilitarization or conversion projects,
information on the progress toward demilitarization of
facilities and the conversion of the demilitarized
facilities to civilian activities.
(4) A description of the audits, examinations, and other
efforts, such as on-site inspections, conducted by the United
States during the fiscal year ending in the year preceding the
year of the report to ensure that assistance provided under
Cooperative Threat Reduction programs is fully accounted for and
that such assistance is being used for its intended purpose,
including--
(A) if such assistance consisted of equipment, a
description of the current location of such equipment
and the current condition of such equipment;
(B) if such assistance consisted of contracts or
other services, a description of the status of such
contracts or services and the methods used to ensure
that such contracts and services are being used for
their intended purpose;
(C) a determination whether the assistance described
in subparagraphs (A) and (B) has been used for its
intended purpose; and
(D) a description of the audits, examinations, and
other efforts planned to be carried out during the
fiscal year beginning in the year of the report to
ensure that Cooperative Threat Reduction assistance
provided during such fiscal year is fully accounted for
and is used for its intended purpose.
(5) A current description of the tactical nuclear weapons
arsenal of Russia, including--
(A) an estimate of the current types, numbers,
yields, viability, locations, and deployment status of
the nuclear warheads in that arsenal;
(B) an assessment of the strategic relevance of such
warheads;
(C) an assessment of the current and projected
threat of theft, sale, or unauthorized use of such
warheads; and
(D) a summary of past, current, and planned United
States efforts to work cooperatively with Russia to
account for, secure, and reduce Russia's stockpile of
tactical nuclear warheads and associated fissile
materials.
(d) Input of DCI.--The Director of Central Intelligence shall submit
to the Secretary of Defense the views of the Director on any matters
covered by subsection (c)(5) in a report under subsection (a). Such
views shall be included in such report as a classified annex to such
report.
[[Page 114 STAT. 1654A-343]]
(e) Comptroller General Assessment.--Not later than 90 days after
the date on which a report is submitted to Congress under subsection
(a), the Comptroller General shall submit to Congress a report setting
forth the Comptroller General's assessment of the information described
in paragraphs (2) and (4) of subsection (c).
(f ) First Report.--The first report submitted under subsection (a)
shall be submitted in 2001.
(g) Repeal of Superseded Reporting Requirements.--(1) The following
provisions of law are repealed:
(A) Section 1207 of the Cooperative Threat Reduction Act of
1994 (title XII of Public Law 103-160; 107 Stat. 1782; 22 U.S.C.
5956), relating to semiannual reports on Cooperative Threat
Reduction.
(B) Section 1203 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2882),
relating to a report accounting for United States assistance for
Cooperative Threat Reduction.
(C) Section 1206 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 22 U.S.C. 5955 note),
relating to accounting for United States assistance for
Cooperative Threat Reduction.
(D) Section 1307 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 795),
relating to a limitation on use of funds for Cooperative Threat
Reduction pending submittal of a multiyear plan.
(2) Effective on the date the Secretary of Defense submits to
Congress an updated version of the multiyear plan for fiscal year 2001
as described in subsection (h), section 1205 of the National Defense
Authorization Act for Fiscal Year 1995 (108 Stat. 2883; 10 U.S.C. 5952
note), relating to multiyear planning and Allied support for Cooperative
Threat Reduction, is repealed.
(3) Section 1312 of the National Defense Authorization Act for
Fiscal Year 2000 (113 Stat. 796; 22 U.S.C. 5955 note), relating to
Russian nonstrategic nuclear arms, is amended--
(A) by striking ``(a) Sense of Congress.--''; and
(B) by striking subsections (b) and (c).
(h) Limitation on Use of Funds Until Submission of Multiyear Plan.--
Not more than 10 percent of fiscal year 2001 Cooperative Threat
Reduction funds may be obligated or expended until the Secretary of
Defense submits to Congress an updated version of the multiyear plan for
fiscal year 2001 required to be submitted under section 1205 of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 22 U.S.C. 5952 note).
(i) Report on Russian Nonstrategic Nuclear Arms.--Not later than 30
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report on the following regarding
Russia's arsenal of tactical nuclear warheads:
(1) Estimates regarding current types, numbers, yields,
viability, locations, and deployment status of the warheads.
(2) An assessment of the strategic relevance of the
warheads.
(3) An assessment of the current and projected threat of
theft, sale, or unauthorized use of the warheads.
[[Page 114 STAT. 1654A-344]]
(4) A summary of past, current, and planned United States
efforts to work cooperatively with Russia to account for,
secure, and reduce Russia's stockpile of tactical nuclear
warheads and associated fissile material.
SEC. 1309. RUSSIAN CHEMICAL WEAPONS ELIMINATION.
(a) Sense of Congress.--It is the sense of Congress that the
international community should, when practicable, assist Russia in
eliminating its chemical weapons stockpile in accordance with Russia's
obligations under the Chemical Weapons Convention, and that the level of
such assistance should be based on--
(1) full and accurate disclosure by Russia of the size of
its existing chemical weapons stockpile;
(2) a demonstrated annual commitment by Russia to allocate
at least $25,000,000 to chemical weapons elimination;
(3) development by Russia of a practical plan for destroying
its stockpile of nerve agents;
(4) enactment of a law by Russia that provides for the
elimination of all nerve agents at a single site; and
(5) an agreement by Russia to destroy its chemical weapons
production facilities at Volgograd and Novocheboksark.
(b) Report.--Not later than 90 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
that identifies--
(1) the amount spent by Russia for chemical weapons
elimination during fiscal year 2000;
(2) the specific assistance being provided to Russia by the
international community for the safe storage and elimination of
Russia's stockpile of nerve agents, including those nerve agents
located at the Shchuch'ye depot;
(3) the countries providing the assistance identified in
paragraph (2); and
(4) the value of the assistance that the international
community has already provided and has committed to provide in
future years for the purpose described in paragraph (2).
(c) Chemical Weapons Convention Defined.--In this section, the term
``Chemical Weapons Convention'' means the Convention on the Prohibition
of the Development, Production, Stockpiling and Use of Chemical Weapons
and on Their Destruction, opened for signature on January 13, 1993.
SEC. 1310. LIMITATION ON USE OF FUNDS FOR ELIMINATION OF WEAPONS GRADE
PLUTONIUM PROGRAM.
Of the amounts authorized to be appropriated by this Act for fiscal
year 2001 for the Elimination of Weapons Grade Plutonium Program, not
more than 50 percent of such amounts may be obligated or expended for
the program in fiscal year 2001 until 30 days after the date on which
the Secretary of Defense submits to the Committees on Armed Services of
the Senate and House of Representatives a report on an agreement between
the United States Government and the Government of the Russian
Federation regarding a new option selected for the shut down or
conversion of the reactors of the Russian Federation that produce
weapons grade plutonium, including--
(1) the new date on which such reactors will cease
production of weapons grade plutonium under such agreement by
reason of the shut down or conversion of such reactors; and
[[Page 114 STAT. 1654A-345]]
(2) any cost-sharing arrangements between the United States
Government and the Government of the Russian Federation in
undertaking activities under such agreement.
SEC. 1311. REPORT ON AUDITS OF COOPERATIVE THREAT REDUCTION PROGRAMS.
Not later than March 31, 2001, the Comptroller General shall submit
to Congress a report examining the procedures and mechanisms with
respect to audits by the Department of Defense of the use of funds for
Cooperative Threat Reduction programs. The report shall examine the
following:
(1) Whether the audits being conducted by the Department of
Defense are producing necessary information regarding whether
assistance under such programs, including equipment provided and
services furnished, is being used as intended.
(2) Whether the audit procedures of the Department of
Defense are adequate, including whether random samplings are
used.
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.
SEC. 1401. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission to Assess the Threat to the United States from
Electromagnetic Pulse Attack'' (hereafter in this title referred to as
the ``Commission'').
(b) Composition.--The Commission shall be composed of nine members.
Seven of the members shall be appointed by the Secretary of Defense and
two of the members shall be appointed by the Director of the Federal
Emergency Management Agency. In selecting individuals for appointment to
the Commission, the Secretary of Defense shall consult with the chairmen
and ranking minority members of the Committees on Armed Services of the
Senate and House of Representatives.
(c) Qualifications.--Members of the Commission shall be appointed
from among private United States citizens with knowledge and expertise
in the scientific, technical, and military aspects of electromagnetic
pulse (hereafter in this title referred to as ``EMP'') effects resulting
from the detonation of a nuclear weapon or weapons at high altitude,
sometimes referred to as high-altitude electromagnetic pulse effects
(HEMP).
(d) Chairman of Commission.--The Secretary of Defense shall
designate one of the members of the Commission to serve as chairman of
the Commission.
[[Page 114 STAT. 1654A-346]]
(e) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
(f ) Security Clearances.--All members of the Commission shall hold
appropriate security clearances.
(g) Initial Organization Requirements.--All appointments to the
Commission shall be made not later than 90 days after the date of the
enactment of this Act. The Commission shall convene its first meeting
not later than 60 days after the date as of which all members of the
Commission have been appointed.
SEC. 1402. DUTIES OF COMMISSION.
(a) Review of EMP Threat.--The Commission shall assess--
(1) the nature and magnitude of potential high-altitude EMP
threats to the United States from all potentially hostile states
or non-state actors that have or could acquire nuclear weapons
and ballistic missiles enabling them to perform a high-altitude
EMP attack against the United States within the next 15 years;
(2) the vulnerability of United States military and
especially civilian systems to an EMP attack, giving special
attention to vulnerability of the civilian infrastructure as a
matter of emergency preparedness;
(3) the capability of the United States to repair and
recover from damage inflicted on United States military and
civilian systems by an EMP attack; and
(4) the feasibility and cost of hardening select military
and civilian systems against EMP attack.
(b) Recommendation.--The Commission shall recommend any steps it
believes should be taken by the United States to better protect its
military and civilian systems from EMP attack.
(c) Cooperation From Government Officials.--In carrying out its
duties, the Commission should receive the full and timely cooperation of
the Secretary of Defense, the Director of the Federal Emergency
Management Agency, and any other United States Government official
serving in the Department of Defense or Armed Forces in providing the
Commission with analyses, briefings, and other information necessary for
the fulfillment of its responsibilities.
SEC. 1403. REPORTS.
(a) Commission Report.--The Commission shall, not later than one
year after the date of its first meeting, submit to Congress, the
Secretary of Defense, and the Director of the Federal Emergency
Management Agency a report on the Commission's findings and conclusions.
(b) Secretary of Defense Report.--Not later than one year after the
date of the Commission's report under subsection (a), the Secretary of
Defense shall submit to Congress a report--
(1) commenting on the Commission's findings and conclusions;
(2) describing political-military scenarios that could
possibly lead to an EMP attack against the United States;
(3) evaluating the relative likelihood of an EMP attack
against the United States compared to other threats involving
nuclear weapons; and
[[Page 114 STAT. 1654A-347]]
(4) explaining what actions, if any, the Secretary intends
to take to implement the recommendations of the Commission and
the Secretary's reasons for doing so.
SEC. 1404. POWERS.
(a) Hearings.--The Commission or, at its direction, any panel or
member of the Commission, may, for the purpose of carrying out the
provisions of this title, hold hearings, take testimony, receive
evidence, and administer oaths to the extent that the Commission or any
panel or member considers advisable.
(b) Information.--The Commission may secure directly from the
Department of Defense, the Central Intelligence Agency, and any other
Federal department or agency information that the Commission considers
necessary to enable the Commission to carry out its responsibilities
under this title.
SEC. 1405. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
Chairman.
(b) Quorum.--(1) Five members of the Commission shall constitute a
quorum other than for the purpose of holding hearings.
(2) The Commission shall act by resolution agreed to by a majority
of the members of the Commission.
(c) Commission.--The Commission may establish panels composed of
less than full membership of the Commission for the purpose of carrying
out the Commission's duties. The actions of each such panel shall be
subject to the review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered the findings
and determinations of the Commission unless approved by the Commission.
(d) Authority of Individuals To Act for Commission.--Any agent or
member of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take under this title.
SEC. 1406. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve without
pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without regard
to the provisions of title 5, United States Code, governing appointments
in the competitive service, appoint a staff director and such additional
personnel as may be necessary to enable the Commission to perform its
duties. The appointment of a staff director shall be subject to the
approval of the Commission.
(2) The chairman of the Commission may fix the pay of the staff
director and other personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay rates,
except that the rate of pay fixed under this paragraph for the staff
director may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such
[[Page 114 STAT. 1654A-348]]
title and the rate of pay for other personnel may not exceed the maximum
rate payable for grade GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the chairman of
the Commission, the head of any Federal department or agency may detail,
on a nonreimbursable basis, any personnel of that department or agency
to the Commission to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--The
chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay payable for level V of the Executive Schedule under
section 5316 of such title.
SEC. 1407. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use the United
States mails and obtain printing and binding services in the same manner
and under the same conditions as other departments and agencies of the
Federal Government.
(b) Miscellaneous Administrative and Support Services.--The
Secretary of Defense shall furnish the Commission, on a reimbursable
basis, any administrative and support services requested by the
Commission.
SEC. 1408. FUNDING.
Funds for activities of the Commission shall be provided from
amounts appropriated for the Department of Defense for operation and
maintenance for Defense-wide activities for fiscal year 2001. Upon
receipt of a written certification from the Chairman of the Commission
specifying the funds required for the activities of the Commission, the
Secretary of Defense shall promptly disburse to the Commission, from
such amounts, the funds required by the Commission as stated in such
certification.
SEC. 1409. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of the
submission of its report under section 1403(a).
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.
SEC. 1501. ASSISTANCE FOR ECONOMIC GROWTH ON VIEQUES.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Defense for fiscal year 2000,
$40,000,000 to be used to provide economic assistance for the people and
communities of the island of Vieques, Puerto Rico, in accordance with
the terms and conditions of the Vieques supplemental appropriation.
[[Page 114 STAT. 1654A-349]]
(b) Transfer Authority.--The Secretary of Defense may transfer
amounts of authorizations made available to the Department of Defense in
subsection (a) to any agency or office of the United States Government
in order to implement the projects for which the Vieques supplemental
appropriation is made available. The transfer authority under this
section is in addition to any transfer authority provided in Public Law
106-65 or any other Act.
(c) Notice to Congress.--The advance notice required by the Vieques
supplemental appropriation of each proposed transfer shall also be
submitted to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives.
(d) Definition.--In this section, the term ``Vieques supplemental
appropriation'' means the paragraph under the heading ``Operation and
Maintenance, Defense-Wide'' in chapter 1 of title I of the Emergency
Supplemental Act, 2000 (division B of Public Law 106-246; 114 Stat.
525).
SEC. 1502. CONVEYANCE OF NAVAL AMMUNITION SUPPORT DETACHMENT, VIEQUES
ISLAND.
(a) Conveyance Required.--
(1) Property to be conveyed.--The Secretary of the Navy
shall convey, without consideration, to the Municipality of
Vieques, Puerto Rico, all right, title, and interest of the
United States in and to the land constituting the Naval
Ammunition Support Detachment located on the western end of the
island of Vieques, Puerto Rico, except for--
(A) the property that is exempt from conveyance
under section 1506;
(B) the property that is required to be transferred
to the Secretary of the Interior under section 1508(a);
and
(C) any property that is conveyed pursuant to
section 1508(b).
(2) Time for conveyance.--The Secretary of the Navy shall
complete the conveyance required by paragraph (1) not later than
May 1, 2001.
(b) Description of Property.--The Secretary of the Navy, in
consultation with the Secretary of the Interior on issues relating to
natural resource protection under section 1508, shall determine the
exact acreage and legal description of the property required to be
conveyed pursuant to subsection (a), including the legal description of
any easements, rights of way, and other interests that are retained
pursuant to section 1506.
(c) Environmental Restoration.--
(1) Objective of conveyance.--An important objective of the
conveyance required by this section is to promote timely
redevelopment of the conveyed property in a manner that enhances
employment opportunities and economic redevelopment, consistent
with all applicable environmental requirements and in full
consultation with the Governor of Puerto Rico, for the benefit
of the residents of the island of Vieques.
(2) Conveyance despite response need.--If the Secretary of
the Navy, by May 1, 2001, is unable to provide the covenant
required by subparagraph (A)(ii)(I) of section 120(h)(3) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)(3)) with respect to the
property to be conveyed, the Secretary shall still complete
[[Page 114 STAT. 1654A-350]]
the conveyance by that date, as required by subsection (a)(2).
The Secretary shall remain responsible for completing all
response actions required under such Act. Upon completion of
such response actions, the Secretary shall execute and deliver
to the transferee the warranty referred to in subparagraph
(C)(iii) of such section. The completion of the response actions
shall not be delayed on account of the conveyance.
(3) Continued navy responsibility.--Consistent with existing
Navy and legal requirements, the Secretary of the Navy shall
remain responsible for the environmental condition of the
property, and neither the Commonwealth of Puerto Rico nor the
Municipality of Vieques shall be responsible for such condition
existing at the time of the conveyance.
(4) Savings clause.--All response actions with respect to
the property to be conveyed shall take place in compliance with
current law.
(d) Control of Conveyed Property.--The government of the
Municipality of Vieques, acting through the elected officials of that
government, shall have the power to administer, manage, and control the
property conveyed under subsection (a) in any manner determined by the
government of the Municipality of Vieques as being most advantageous to
the majority of the residents of the island of Vieques (consistent with
the laws of the United States).
(e) Indemnification.--
(1) Entities and persons covered; extent.--(A) Except as
provided in subparagraph (C), and subject to paragraph (2), the
Secretary of Defense shall hold harmless, defend, and indemnify
in full the persons and entities described in subparagraph (B)
from and against any suit, claim, demand or action, liability,
judgment, cost or other fee arising out of any claim for
personal injury or property damage (including death, illness, or
loss of or damage to property or economic loss) that results
from, or is in any manner predicated upon, the release or
threatened release (after the conveyance is made under
subsection (a)) of any hazardous substance or pollutant or
contaminant as a result of Department of Defense activities at
those parts of the Naval Ammunition Support Detachment conveyed
pursuant to subsection (a).
(B) The persons and entities described in this paragraph are
the following:
(i) The Commonwealth of Puerto Rico (including any
officer, agent, or employee of the Commonwealth of
Puerto Rico).
(ii) The Municipality of Vieques, Puerto Rico, and
any other political subdivision of the Commonwealth of
Puerto Rico that acquires such ownership or control
(including any officer, agent, or employee of that
Municipality or other political subdivision).
(iii) Any other person or entity that acquires such
ownership or control.
(iv) Any successor, assignee, transferee, lender, or
lessee of a person or entity described in clauses (i)
through (iii).
(C) To the extent the persons and entities described in
subparagraph (B) contributed to any such release or threatened
release, subparagraph (A) shall not apply.
[[Page 114 STAT. 1654A-351]]
(2) Conditions on indemnification.--No indemnification may
be afforded under this subsection unless the person or entity
making a claim for indemnification--
(A) notifies the Secretary of Defense in writing
within two years after such claim accrues or begins
action within six months after the date of mailing, by
certified or registered mail, of notice of final denial
of the claim by the Secretary of Defense;
(B) furnishes to the Secretary of Defense copies of
pertinent papers the entity receives;
(C) furnishes evidence of proof of any claim, loss,
or damage covered by this subsection; and
(D) provides, upon request by the Secretary of
Defense, access to the records and personnel of the
entity for purposes of defending or settling the claim
or action.
(3) Responsibilities of secretary of defense.--(A) In any
case in which the Secretary of Defense determines that the
Department of Defense may be required to make indemnification
payments to a person under this subsection for any suit, claim,
demand or action, liability, judgment, cost or other fee arising
out of any claim for personal injury or property damage referred
to in paragraph (1)(A), the Secretary may settle or defend, on
behalf of that person, the claim for personal injury or property
damage.
(B) In any case described in subparagraph (A), if the person
to whom the Department of Defense may be required to make
indemnification payments does not allow the Secretary of Defense
to settle or defend the claim, the person may not be afforded
indemnification with respect to that claim under this
subsection.
(4) Accrual of action.--For purposes of paragraph (2)(A),
the date on which a claim accrues is the date on which the
plaintiff knew (or reasonably should have known) that the
personal injury or property damage referred to in paragraph (1)
was caused or contributed to by the release or threatened
release of a hazardous substance or pollutant or contaminant as
a result of Department of Defense activities at any part of the
Naval Ammunition Support Detachment conveyed pursuant to
subsection (a).
(5) Relationship to other laws.--Nothing in this subsection
shall be construed as affecting or modifying in any way
subsection 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
(6) Definitions.--In this subsection, the terms ``hazardous
substance'', ``release'', and ``pollutant or contaminant'' have
the meanings given such terms under paragraphs (9), (14), (22),
and (33) of section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
SEC. 1503. DETERMINATION REGARDING CONTINUATION OF NAVY TRAINING.
(a) Referendum.--
(1) Requirement.--Except as provided in paragraph (2), the
President shall provide for a referendum to be conducted on the
island of Vieques, Puerto Rico, to determine by a majority
[[Page 114 STAT. 1654A-352]]
of the votes cast in the referendum by the Vieques electorate
whether the people of Vieques approve or disapprove of the
continuation of the conduct of live-fire training, and any other
types of training, by the Armed Forces at the Navy's training
sites on the island under the conditions described in subsection
(d).
(2) Exception.--If the Chief of Naval Operations and the
Commandant of the Marine Corps jointly submit to the
congressional defense committees, after the date of the
enactment of this Act and before the date set forth in
subsection (c), their certification that the Vieques Naval
Training Range is no longer needed for training by the Navy and
the Marine Corps, then the requirement for a referendum under
paragraph (1) shall cease to be effective on the date on which
the certification is submitted.
(b) Prohibition of Other Propositions.--In the referendum under this
section, no proposition or option may be presented as an alternative to
the propositions of approval and of disapproval of the continuation of
the conduct of training as described in subsection (a)(1).
(c) Time for Referendum.--The referendum required under this section
shall be held on May 1, 2001, or within 270 days before such date or 270
days after such date. The Secretary of the Navy shall publicize the date
set for the referendum 90 days before that date.
(d) Required Training Conditions.--For the purposes of the
referendum under this section, the conditions for the continuation of
the conduct of training are those that are proposed by the Secretary of
the Navy and publicized on the island of Vieques in connection with, and
for a reasonable period in advance of, the referendum. The conditions
shall include the following:
(1) Live-fire training.--A condition that the training may
include live-fire training.
(2) Maximum annual days of use.--A condition that the
training may be conducted on not more than 90 days each year.
(e) Proclamation of Outcome.--Promptly after the referendum is
completed under this section, the President shall determine, and issue a
proclamation declaring, the outcome of the referendum. The President's
determination shall be final, and the outcome of the referendum (as so
determined) shall be binding.
(f ) Vieques Electorate Defined.--
(1) Registered voters.--In this section, the term ``Vieques
electorate'', with respect to a referendum under this section,
means the residents of the island of Vieques, Puerto Rico, who,
on both dates specified in paragraph (2), are registered to vote
in a general election held for casting ballots for the election
of the Resident Commissioner of the Commonwealth of Puerto Rico.
(2) Registration dates.--The dates referred to in paragraph
(1) are as follows:
(A) November 7, 2000.
(B) The date that is 180 days before the date of the
referendum under this section.
[[Page 114 STAT. 1654A-353]]
SEC. 1504. ACTIONS IF TRAINING IS APPROVED.
(a) Condition for Effectiveness.--This section shall take effect on
the date on which the President issues a proclamation under subsection
(e) of section 1503 declaring that the continuation of the conduct of
training (including live-fire training) by the Armed Forces at the
Navy's training sites on the island of Vieques, Puerto Rico, under the
conditions described in subsection (d) of such section, has been
approved in the referendum conducted under such section.
(b) Authorization of Appropriations for Additional Economic
Assistance.--There is authorized to be appropriated to the President
$50,000,000 to provide economic assistance for the people and
communities of the island of Vieques. This authorization of
appropriations is in addition to the amount authorized to appropriated
to provide economic assistance under section 1501.
(c) Training Range To Remain Open.--The Vieques Naval Training Range
shall remain available for the use of the Armed Forces, including for
live-fire training.
SEC. 1505. REQUIREMENTS IF TRAINING IS NOT APPROVED OR MANDATE FOR
REFERENDUM IS VITIATED.
(a) Conditions for Effectiveness.--This section shall take effect on
the date on which either of the following occurs:
(1) The President issues a proclamation under subsection (e)
of section 1503 declaring that the continuation of the conduct
of training (including live-fire training) by the Armed Forces
at the Navy's training sites on the island of Vieques, Puerto
Rico, under the conditions described in subsection (d) of such
section, has not been approved in the referendum conducted under
such section.
(2) The requirement for a referendum under section 1503
ceases to be effective pursuant to subsection (a)(2) of such
section.
(b) Actions Required of Secretary of Defense.--
(1) Termination of operation.--Not later than May 1, 2003,
the Secretary of Defense shall--
(A) terminate all Navy and Marine Corps training
operations on the island of Vieques; and
(B) terminate all Navy and Marine Corps operations
at Naval Station Roosevelt Roads, Puerto Rico, that are
related exclusively to the use of the training range on
the island of Vieques by the Navy and the Marine Corps.
(2) Relocation of units.--The Secretary of Defense may
relocate the units of the Armed Forces (other than those of the
reserve components) and activities of the Department of Defense
(including nonappropriated fund activities) at Fort Buchanan,
Puerto Rico, to Naval Station Roosevelt Roads, Puerto Rico, to
ensure maximum utilization of capacity.
(3) Closure of installations and facilities.--The Secretary
of Defense shall close the Department of Defense installations
and facilities on the island of Vieques, other than properties
exempt from conveyance and transfer under section 1506.
(c) Actions Required of Secretary of the Navy.--The Secretary of the
Navy shall transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of the Interior--
(1) the Live Impact Area on the island of Vieques;
[[Page 114 STAT. 1654A-354]]
(2) all Department of Defense real properties on the eastern
side of the island that are identified as conservation zones;
and
(3) all other Department of Defense real properties on the
eastern side of the island.
(d) Actions Required of Secretary of the Interior.--
(1) Retention and administration.--The Secretary of the
Interior shall retain, and may not dispose of any of, the
properties transferred under paragraphs (2) and (3) of
subsection (c) and shall administer such properties as wildlife
refuges under the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.) pending the enactment of a
law that addresses the disposition of such properties.
(2) Responsibility for Live Impact Area.--Upon a termination
of Navy and Marine Corps training operations on the island of
Vieques under subsection (b)(1), the Secretary of the Interior
shall assume responsibility for the administration of the Live
Impact Area, administer that area as a wilderness area under the
Wilderness Act (16 U.S.C. 1131 et seq.), and deny public access
to the area.
(3) Live Impact Area Defined.--In this section, the term
``Live Impact Area'' means the parcel of real property,
consisting of approximately 900 acres (more or less), on the
island of Vieques that is designated by the Secretary of the
Navy for targeting by live ordnance in the training of forces of
the Navy and Marine Corps.
(e) GAO Review.--
(1) Requirement for review.--The Comptroller General shall
review the requirement for the continued use of Fort Buchanan,
Puerto Rico, by active Army forces and shall submit to the
congressional defense committees a report containing--
(A) the findings resulting from the review; and
(B) recommendations regarding the closure of Fort
Buchanan and the consolidation of units of the Armed
Forces to Naval Station Roosevelt Roads, Puerto Rico.
(2) Time for submittal of report.--The Comptroller General
shall submit the report under paragraph (1) not later than one
year after the date on which the referendum under section 1503
is conducted or one year after the date on which a certification
is submitted to the congressional defense committees under
subsection (a)(2) of such section, as the case may be.
SEC. 1506. CERTAIN PROPERTIES EXEMPT FROM CONVEYANCE OR TRANSFER.
(a) Exempt Property.--The Department of Defense properties and
property interests described in subsection (b) may not be conveyed or
transferred out of the Department of Defense under this title.
(b) Properties Described.--The exemption under subsection (a)
applies to the following Department of Defense properties and property
interests on the island of Vieques, Puerto Rico:
(1) ROTHR site.--The site for relocatable over-the-horizon
radar.
(2) Telecommunications sites.--The Mount Pirata
telecommunications sites.
[[Page 114 STAT. 1654A-355]]
(3) Associated interests.--Any easements, rights-of-way, and
other interests in property that the Secretary of the Navy
determines necessary for--
(A) ensuring access to the properties referred to in
paragraphs (1) and (2);
(B) providing utilities for such properties;
(C) ensuring the security of such properties; and
(D) ensuring effective maintenance and operations on
such properties.
(4) Remediation activities.--Any easements, rights-of-way,
and other interests in property that the Secretary of the Navy
determines necessary for protecting human health and the
environment in the discharge of the Secretary's responsibilities
for environmental remediation under section 1502(c), until such
time as these responsibilities are completed.
SEC. 1507. MORATORIUM ON IMPROVEMENTS AT FORT BUCHANAN.
(a) In General.--Except as provided in subsection (b), no
acquisition, construction, conversion, rehabilitation, extension, or
improvement of any facility at Fort Buchanan, Puerto Rico, may be
initiated or continued on or after the date of the enactment of this
Act.
(b) Exceptions.--The prohibition in subsection (a) does not apply to
the following:
(1) Actions necessary to maintain the existing facilities
(including utilities) at Fort Buchanan.
(2) The construction of reserve component and
nonappropriated fund facilities authorized before the date of
the enactment of this Act.
(c) Termination.--This section shall cease to be effective upon the
issuance of a proclamation described in section 1504(a) or the enactment
of a law, after the date of the enactment of this Act, that authorizes
any acquisition, construction, conversion, rehabilitation, extension, or
improvement of any facility at Fort Buchanan, Puerto Rico.
SEC. 1508. TRANSFER AND MANAGEMENT OF CONSERVATION ZONES.
(a) Transfer to Secretary of the Interior.--
(1) Transfer required.--Except as provided in section 1506,
the Secretary of the Navy shall transfer, without reimbursement,
to the administrative jurisdiction of the Secretary of the
Interior all Department of Defense real properties on the
western end of the Vieques Island, consisting of a total of
approximately 3,100 acres, that are designated as Conservation
Zones in section IV of the 1983 Memorandum of Understanding
between the Commonwealth of Puerto Rico and the Secretary of the
Navy.
(2) Time for transfer.--The Secretary of the Navy shall
complete the transfer required by paragraph (1) not later than
May 1, 2001.
(b) Conveyance to Conservation Trust.--
(1) Conveyance required.--Except as provided in section 1506
and subject to paragraph (2), the Secretary of the Navy shall
convey, without consideration, to the Puerto Rico Conservation
Trust the additional Conservation Zones, consisting of a total
of approximately 800 acres, identified in Alternative 1 in the
Draft Environmental Assessment for the proposed transfer of
Naval Ammunition Support Detachment property,
[[Page 114 STAT. 1654A-356]]
Vieques, Puerto Rico, prepared by the Department of the Navy, as
described in the Federal Register of August 28, 2000 (65 Fed.
Reg. 52100).
(2) Time for conveyance.--The Secretary of the Navy shall
complete the conveyance required by paragraph (1) not later than
May 1, 2001, except that paragraph (1) shall apply only to those
portions of the lands described in such paragraph that the
Commonwealth of Puerto Rico, the Secretary of the Interior, and
the Puerto Rico Conservation Trust mutually agree, before that
date, to--
(A) include in the cooperative agreement under
subsection (d)(2); and
(B) manage under standards consistent with the
standards in subsection (c) applicable to the lands
transferred under subsection (a).
(c) Administration of Properties as Wildlife Refuges.--The Secretary
of the Interior shall administer as wildlife refuges under the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.) the Conservation Zones transferred to the Secretary under
subsection (a).
(d) Cooperative Agreement.--
(1) Required; parties.--The Secretary of the Interior shall
manage the Conservation Zones transferred under subsection (a)
pursuant to a cooperative agreement among the Commonwealth of
Puerto Rico, the Puerto Rico Conservation Trust, and the
Secretary of the Interior.
(2) Inclusion of adjacent areas.--Areas adjacent to the
Conservation Zones transferred under subsection (a) shall be
considered for inclusion under the cooperative agreement.
Subject to the mutual agreement of the Commonwealth of Puerto
Rico, the Secretary of the Interior, and the Puerto Rico
Conservation Trust, such adjacent areas may be included under
the cooperative agreement, except that the total acreage so
included under this paragraph may not exceed 800 acres. This
determination of inclusion of lands shall be incorporated into
the cooperative agreement process as set forth in paragraph (4).
(3) Sea grass area.--The Sea Grass Area west of Mosquito
Pier, as identified in the 1983 Memorandum of Understanding
between the Commonwealth of Puerto Rico and the Secretary of the
Navy, shall be included in the cooperative agreement to be
protected under the laws of the United States and the laws of
the Commonwealth of Puerto Rico.
(4) Management purposes.--All lands covered by the
cooperative agreement shall be managed to protect and preserve
the natural resources of the lands in perpetuity. The
Commonwealth of Puerto Rico, the Puerto Rico Conservation Trust,
and the Secretary of the Interior shall follow all applicable
Federal environmental laws during the creation and any
subsequent amendment of the cooperative agreement, including the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), and the National Historic Preservation Act (16 U.S.C. 470
et seq.).
(5) Completion and implementation.--The cooperative
agreement shall be completed not later than May 1, 2001. The
Secretary of the Interior shall implement the terms and
[[Page 114 STAT. 1654A-357]]
conditions of the cooperative agreement, which can only be
amended by agreement of the Commonwealth of Puerto Rico, the
Puerto Rico Conservation Trust, and the Secretary of the
Interior.
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.
Subtitle A--Veterans Education Benefits
SEC. 1601. ADDITIONAL OPPORTUNITY FOR CERTAIN VEAP PARTICIPANTS TO
ENROLL IN BASIC EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI
BILL.
(a) Special Enrollment Period.--Section 3018C of title 38, United
States Code, is amended by adding at the end the following new
subsection:
``(e)(1) A qualified individual (described in paragraph (2)) may
make an irrevocable election under this subsection, during the one-year
period beginning on the date of the enactment of this subsection, to
become entitled to basic educational assistance under this chapter. Such
an election shall be made in the same manner as elections made under
subsection (a)(5).
``(2) A qualified individual referred to in paragraph (1) is an
individual who meets each of the following requirements:
``(A) The individual was a participant in the educational
benefits program under chapter 32 of this title on or before
October 9, 1996.
``(B) The individual has continuously served on active duty
since October 9, 1996 (excluding the periods referred to in
section 3202(1)(C) of this title), through at least April, 1,
2000.
``(C) The individual meets the requirements of subsection
(a)(3).
``(D) The individual, when discharged or released from
active duty, is discharged or released therefrom with an
honorable discharge.
``(3)(A) Subject to the succeeding provisions of this paragraph,
with respect to a qualified individual who makes an election under
paragraph (1) to become entitled to basic education assistance under
this chapter--
``(i) the basic pay of the qualified individual shall be
reduced (in a manner determined by the Secretary concerned)
until the total amount by which such basic pay is reduced is
$2,700; and
``(ii) to the extent that basic pay is not so reduced before
the qualified individual's discharge or release from active duty
[[Page 114 STAT. 1654A-358]]
as specified in subsection (a)(4), at the election of the
qualified individual--
``(I) the Secretary concerned shall collect from the
qualified individual, or
``(II) the Secretary concerned shall reduce the
retired or retainer pay of the qualified individual by,
an amount equal to the difference between $2,700 and the total
amount of reductions under clause (i), which shall be paid into
the Treasury of the United States as miscellaneous receipts.
``(B)(i) The Secretary concerned shall provide for an 18-month
period, beginning on the date the qualified individual makes an election
under paragraph (1), for the qualified individual to pay that Secretary
the amount due under subparagraph (A).
``(ii) Nothing in clause (i) shall be construed as modifying the
period of eligibility for and entitlement to basic education assistance
under this chapter applicable under section 3031 of this title.
``(C) The provisions of subsection (c) shall apply to individuals
making elections under this subsection in the same manner as they
applied to individuals making elections under subsection (a)(5).
``(4) With respect to qualified individuals referred to in paragraph
(3)(A)(ii), no amount of educational assistance allowance under this
chapter shall be paid to the qualified individual until the earlier of
the date on which--
``(A) the Secretary concerned collects the applicable amount
under subparagraph (I) of such paragraph, or
``(B) the retired or retainer pay of the qualified
individual is first reduced under subparagraph (II) of such
paragraph.
``(5) The Secretary, in conjunction with the Secretary of Defense,
shall provide for notice to participants in the educational benefits
program under chapter 32 of this title of the opportunity under this
section to elect to become entitled to basic educational assistance
under this chapter.''.
(b) Conforming Amendment.--Section 3018C(b) of such title is amended
by striking ``subsection (a)'' and inserting ``subsection (a) or (e)''.
SEC. 1602. MODIFICATION OF AUTHORITY TO PAY TUITION FOR OFF-DUTY
TRAINING AND EDUCATION.
(a) Authority To Pay All Charges.--Section 2007 of title 10, United
States Code, is amended--
(1) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) Subject to subsection (b), the Secretary of a military
department may pay all or a portion of the charges of an educational
institution for the tuition or expenses of a member of the armed forces
enrolled in such educational institution for education or training
during the member's off-duty periods.
``(b) In the case of a commissioned officer on active duty, the
Secretary of the military department concerned may not pay charges under
subsection (a) unless the officer agrees to remain on active duty for a
period of at least two years after the completion of the training or
education for which the charges are paid.''; and
(2) in subsection (d)--
(A) by striking ``(within the limits set forth in
subsection (a))'' in the matter preceding paragraph (1);
and
[[Page 114 STAT. 1654A-359]]
(B) in paragraph (3), by striking ``subsection
(a)(3)'' and inserting ``subsection (b)''.
(b) Use of Entitlement to Assistance under Montgomery GI Bill for
Payment of Charges.--(1) That section is further amended by adding at
the end the following new subsection:
``(e)(1) A member of the armed forces who is entitled to basic
educational assistance under chapter 30 of title 38 may use such
entitlement for purposes of paying any portion of the charges described
in subsection (a) or (c) that are not paid for by the Secretary of the
military department concerned under such subsection.
``(2) The use of entitlement under paragraph (1) shall be governed
by the provisions of section 3014(b) of title 38.''.
(2) Section 3014 of title 38, United States Code, is amended--
(A) by inserting ``(a)'' before ``The Secretary''; and
(B) by adding at the end the following new subsection:
``(b)(1) In the case of an individual entitled to basic educational
assistance who is pursuing education or training described in subsection
(a) or (c) of section 2007 of title 10, the Secretary shall, at the
election of the individual, pay the individual a basic educational
assistance allowance to meet all or a portion of the charges of the
educational institution for the education or training that are not paid
by the Secretary of the military department concerned under such
subsection.
``(2)(A) The amount of the basic educational assistance allowance
payable to an individual under this subsection for a month shall be the
amount of the basic educational assistance allowance to which the
individual would be entitled for the month under section 3015 of this
title (without regard to subsection (g) of that section) were payment
made under that section instead of under this subsection.
``(B) The maximum number of months for which an individual may be
paid a basic educational assistance allowance under paragraph (1) is
36.''.
(3) Section 3015 of title 38, United States Code, is amended--
(A) by striking ``subsection (g)'' each place it appears in
subsections (a) and (b);
(B) by redesignating subsection (g) as subsection (h); and
(C) by inserting after subsection (f ) the following new
subsection (g):
``(g) In the case of an individual who has been paid a basic
educational assistance allowance under section 3014(b) of this title,
the rate of the basic educational assistance allowance applicable to the
individual under this section shall be the rate otherwise applicable to
the individual under this section reduced by an amount equal to--
``(1) the aggregate amount of such allowances paid the
individual under such section 3014(b); divided by
``(2) 36.''.
Subtitle B--Veterans Claims Assistance
SEC. 1611. CLARIFICATION OF DEPARTMENT OF VETERANS AFFAIRS DUTY TO
ASSIST.
(a) In General.--Section 5107 of title 38, United States Code, is
amended to read as follows:
[[Page 114 STAT. 1654A-360]]
``Sec. 5107 Assistance to claimants; benefit of the doubt; burden of
proof
``(a) The Secretary shall assist a claimant in developing all facts
pertinent to a claim for benefits under this title. Such assistance
shall include requesting information as described in section 5106 of
this title. The Secretary shall provide a medical examination when such
examination may substantiate entitlement to the benefits sought. The
Secretary may decide a claim without providing assistance under this
subsection when no reasonable possibility exists that such assistance
will aid in the establishment of entitlement.
``(b) The Secretary shall consider all evidence and material of
record in a case before the Department with respect to benefits under
laws administered by the Secretary and shall give the claimant the
benefit of the doubt when there is an approximate balance of positive
and negative evidence regarding any issue material to the determination
of the matter.
``(c) Except when otherwise provided by this title or by the
Secretary in accordance with the provisions of this title, a person who
submits a claim for benefits under a law administered by the Secretary
shall have the burden of proof.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 51 of that title is amended by striking the item relating to
section 5017 and inserting the following new item:
``5107 Assistance to claimants; benefit of the doubt; burden of
proof.''.
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.
SEC. 1701. FIREFIGHTER ASSISTANCE.
(a) In General.--The Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2201 et seq.) is amended by adding at the end the following
new section:
``SEC. 33. FIREFIGHTER ASSISTANCE.
``(a) Definition of Firefighting Personnel.--In this section, the
term `firefighting personnel' means individuals, including volunteers,
who are firefighters, officers of fire departments, or emergency medical
service personnel of fire departments.
``(b) Assistance Program.--
``(1) Authority.--In accordance with this section, the
Director may--
``(A) make grants on a competitive basis directly to
fire departments of a State, in consultation with the
chief executive of the State, for the purpose of
protecting the health and safety of the public and
firefighting personnel against fire and fire-related
hazards; and
[[Page 114 STAT. 1654A-361]]
``(B) provide assistance for fire prevention
programs in accordance with paragraph (4).
``(2) Office for administration of assistance.--
``(A) Establishment.--Before providing assistance
under paragraph (1), the Director shall establish an
office in the Federal Emergency Management Agency to
administer the assistance under this section.
``(B) Included duties.--The duties of the office
shall include the following:
``(i) Recipient selection criteria.--To
establish specific criteria for the selection of
recipients of the assistance under this section.
``(ii) Grant-writing assistance.--To provide
grant-writing assistance to applicants.
``(3) Use of fire department grant funds.--The Director may
make a grant under paragraph (1)(A) only if the applicant for
the grant agrees to use the grant funds--
``(A) to hire additional firefighting personnel;
``(B) to train firefighting personnel in
firefighting, emergency response, arson prevention and
detection, or the handling of hazardous materials, or to
train firefighting personnel to provide any of the
training described in this subparagraph;
``(C) to fund the creation of rapid intervention
teams to protect firefighting personnel at the scenes of
fires and other emergencies;
``(D) to certify fire inspectors;
``(E) to establish wellness and fitness programs for
firefighting personnel to ensure that the firefighting
personnel can carry out their duties;
``(F) to fund emergency medical services provided by
fire departments;
``(G) to acquire additional firefighting vehicles,
including fire trucks;
``(H) to acquire additional firefighting equipment,
including equipment for communications and monitoring;
``(I) to acquire personal protective equipment
required for firefighting personnel by the Occupational
Safety and Health Administration, and other personal
protective equipment for firefighting personnel;
``(J) to modify fire stations, fire training
facilities, and other facilities to protect the health
and safety of firefighting personnel;
``(K) to enforce fire codes;
``(L) to fund fire prevention programs;
``(M) to educate the public about arson prevention
and detection; or
``(N) to provide incentives for the recruitment and
retention of volunteer firefighting personnel for
volunteer firefighting departments and other
firefighting departments that utilize volunteers.
``(4) Fire prevention programs.--
``(A) In general.--For each fiscal year, the
Director shall use not less than 5 percent of the funds
made available under subsection (e)--
``(i) to make grants to fire departments for
the purpose described in paragraph (3)(L); and
[[Page 114 STAT. 1654A-362]]
``(ii) to make grants to, or enter into
contracts or cooperative agreements with,
national, State, local, or community organizations
that are recognized for their experience and
expertise with respect to fire prevention or fire
safety programs and activities, for the purpose of
carrying out fire prevention programs.
``(B) Priority.--In selecting organizations
described in subparagraph (A)(ii) to receive assistance
under this paragraph, the Director shall give priority
to organizations that focus on prevention of injuries to
children from fire.
``(5) Application.--The Director may provide assistance to a
fire department or organization under this subsection only if
the fire department or organization seeking the assistance
submits to the Director an application that meets the following
requirements:
``(A) Form.--The application shall be in such form
as the Director may require.
``(B) Information.--The application shall include
the following information:
``(i) Financial need.--Information that
demonstrates the financial need of the applicant
for the assistance for which applied.
``(ii) Cost-benefit analysis.--An analysis of
the costs and benefits, with respect to public
safety, of the use of the assistance.
``(iii) Reporting systems data.--An agreement
to provide information to the national fire
incident reporting system for the period covered
by the assistance.
``(iv) Other information.--Any other
information that the Director may require.
``(6) Matching requirement.--
``(A) In general.--Subject to subparagraph (B), the
Director may provide assistance under this subsection
only if the applicant for the assistance agrees to match
with an equal amount of non-Federal funds 30 percent of
the assistance received under this subsection for any
fiscal year.
``(B) Requirement for small community
organizations.--In the case of an applicant whose
personnel serve jurisdictions of 50,000 or fewer
residents, the percent applied under the matching
requirement of subparagraph (A) shall be 10 percent.
``(7) Maintenance of expenditures.--The Director may provide
assistance under this subsection only if the applicant for the
assistance agrees to maintain in the fiscal year for which the
assistance will be received the applicant's aggregate
expenditures for the uses described in paragraph (3) or (4) at
or above the average level of such expenditures in the two
fiscal years preceding the fiscal year for which the assistance
will be received.
``(8) Report to the director.--The Director may provide
assistance under this subsection only if the applicant for the
assistance agrees to submit to the Director a report, including
a description of how the assistance was used, with respect to
each fiscal year for which the assistance was received.
``(9) Variety of fire department grant recipients.--The
Director shall ensure that grants under paragraph (1)(A)
[[Page 114 STAT. 1654A-363]]
for a fiscal year are made to a variety of fire departments,
including, to the extent that there are eligible applicants--
``(A) paid, volunteer, and combination fire
departments;
``(B) fire departments located in communities of
varying sizes; and
``(C) fire departments located in urban, suburban,
and rural communities.
``(10) Grant Limitations.--
``(A) Recipient limitation.--A grant recipient under
this section may not receive more than $750,000 under
this section for any fiscal year.
``(B) Limitation on expenditures for firefighting
vehicles.--Not more than 25 percent of the funds
appropriated to provide grants under this section for a
fiscal year may be used to assist grant recipients to
purchase vehicles, as authorized by paragraph (3)(G).
``(11) Reservation of grant funds for volunteer
departments.--In making grants to firefighting departments, the
Director shall ensure that those firefighting departments that
have either all-volunteer forces of firefighting personnel or
combined forces of volunteer and professional firefighting
personnel receive a proportion of the total grant funding that
is not less than the proportion of the United States population
that those firefighting departments protect.
``(c) Audits.--A recipient of a grant under this section shall be
subject to audits to ensure that the grant proceeds are expended for the
intended purposes and that the grant recipient complies with the
requirements of paragraphs (6) and (7) of subsection (b).
``(d) State Defined.--In this section, the term `State' includes the
District of Columbia and the Commonwealth of Puerto Rico.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated for the purposes of this section amounts as follows:
``(1) $100,000,000 for fiscal year 2001.
``(2) $300,000,000 for fiscal year 2002.''.
(b) Study on Need for Federal Assistance to State and Local
Communities To Fund Firefighting and Emergency Response Activities.--
(1) Requirement for study.--The Director of the Federal
Emergency Management Agency shall conduct a study in conjunction
with the National Fire Protection Association to--
(A) define the current role and activities
associated with the fire services;
(B) determine the adequacy of current levels of
funding; and
(C) provide a needs assessment to identify
shortfalls.
(2) Time for completion of study; report.--The Director
shall complete the study under paragraph (1), and submit a
report on the results of the study to Congress, within 18 months
after the date of the enactment of this Act.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Federal Emergency Management Agency
$300,000 for fiscal year 2001 to carry out the study required by
paragraph (1).
[[Page 114 STAT. 1654A-364]]
SEC. 1702. VOLUNTEER FIRE ASSISTANCE PROGRAM.
(a) In General.--There are authorized to be appropriated to the
Secretary of Agriculture for carrying out paragraphs (1) through (3) of
section 10(b) of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2106(b)(1)-(3)) amounts as follows:
(1) $10,000,000 for fiscal year 2001.
(2) $20,000,000 for fiscal year 2002.
(b) Report.--
(1) In general.--The Secretary of Agriculture shall submit a
report to Congress on the results of the assistance provided
under the provisions of law for which funds are authorized for
appropriations under subsection (a).
(2) Content.--The report shall contain the following:
(A) A list of the organizations that received funds
authorized for appropriations under subsection (a) and
the purpose for which those organizations were provided
the funds.
(B) Efforts taken to ensure that potential
recipients are provided with information necessary to
develop an effective application.
(C) The Secretary's assessment regarding the
appropriate level of funding that should be provided
annually through the assistance program.
(D) The Secretary's assessment regarding the
appropriate purposes for such assistance.
(E) Any other information the Secretary determines
necessary.
(3) Submission date.--The report shall be submitted not
later than February 1, 2002.
SEC. 1703. BURN RESEARCH.
(a) Office.--The Director of the Federal Emergency Management Agency
shall establish an office in the Agency to establish specific criteria
of grant recipients and to administer grants under this section.
(b) Safety Organization Grants.--The Director may make grants, on a
competitive basis, to safety organizations that have experience in
conducting burn safety programs for the purpose of assisting those
organizations in conducting burn prevention programs or augmenting
existing burn prevention programs.
(c) Hospital Grants.--The Director may make grants, on a competitive
basis, to hospitals that serve as regional burn centers to conduct acute
burn care research.
(d) Other Grants.--The Director may make grants, on a competitive
basis, to governmental and nongovernmental entities to provide after-
burn treatment and counseling to individuals that are burn victims.
(e) Report.--
(1) In general.--The Director of the Federal Emergency
Management Agency shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives on the results of the grants provided under this
section.
(2) Content.--The report shall contain the following:
[[Page 114 STAT. 1654A-365]]
(A) A list of the organizations, hospitals, or other
entities to which the grants were provided and the
purpose for which those entities were provided grants.
(B) Efforts taken to ensure that potential grant
applicants are provided with information necessary to
develop an effective application.
(C) The Director's assessment regarding the
appropriate level of funding that should be provided
annually through the grant program.
(D) The Director's assessment regarding the
appropriate purposes for such grants.
(E) Any other information the Director determines
necessary.
(3) Submission date.--The report shall be submitted not
later than February 1, 2002.
(f ) Authorization of Appropriations.--There are authorized to be
appropriated for the purposes of this section amounts as follows:
(1) $10,000,000 for fiscal year 2001.
(2) $20,000,000 for fiscal year 2002.
SEC. 1704. STUDY AND DEMONSTRATION PROJECTS REGARDING CASES OF HEPATITIS
C AMONG CERTAIN EMERGENCY RESPONSE EMPLOYEES.
(a) Study Regarding Prevalence Among Certain Emergency Response
Employees.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in
consultation with the Secretary of Labor, shall conduct a study
to determine--
(A) an estimate of the prevalence of hepatitis C
among designated emergency response employees in the
United States; and
(B) the likely means through which such employees
become infected with such disease in the course of
performing their duties as such employees.
(2) Designated emergency response employees.--For purposes
of this section, the term ``designated emergency response
employees'' means firefighters, paramedics, and emergency
medical technicians who are employees or volunteers of units of
local government.
(3) Date certain for completion; report to congress.--The
Secretary shall commence the study under paragraph (1) not later
than 90 days after the date of the enactment of this Act. Not
later than one year after such date, the Secretary shall
complete the study and submit to the Congress a report
describing the findings of the study.
(b) Demonstration Projects Regarding Training and Treatment.--
(1) In general.--The Secretary, in consultation with the
Secretary of Labor, shall make grants to qualifying local
governments for the purpose of carrying out demonstration
projects that (directly or through arrangements with nonprofit
private entities) carry out each of the following activities:
(A) Training designated emergency response employees
in minimizing the risk of infection with hepatitis C in
performing their duties as such employees.
[[Page 114 STAT. 1654A-366]]
(B) Testing such employees for infection with the
disease.
(C) Treating the employees for the disease.
(2) Qualifying local governments.--For purposes of this
section, the term ``qualifying local government'' means a unit
of local government whose population of designated emergency
response employees has a prevalence of hepatitis C that is not
less than 200 percent of the national average for the prevalence
of such disease in such populations.
(3) Confidentiality.--A grant may be made under paragraph
(1) only if the qualifying local government involved agrees to
ensure that information regarding the testing or treatment of
designated emergency response employees pursuant to the grant is
maintained confidentially in a manner not inconsistent with
applicable law.
(4) Evaluations.--The Secretary shall provide for an
evaluation of each demonstration project under paragraph (1) in
order to determine the extent to which the project has been
effective in carry out the activities described in such
paragraph.
(5) Report to congress.--Not later than 180 days after the
date on which all grants under paragraph (1) have been expended,
the Secretary shall submit to Congress a report providing--
(A) a summary of evaluations under paragraph (4);
and
(B) the recommendations of the Secretary for
administrative or legislative initiatives regarding the
activities described in paragraph (1).
(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated to the
Department of Health and Human Services and the Department of Labor
$10,000,000 for fiscal year 2001.
SEC. 1705. REPORT ON PROGRESS ON SPECTRUM SHARING.
(a) Study Required.--The Secretary of Defense, in consultation with
the Attorney General and the Secretary of Commerce, shall provide for
the conduct of an engineering study to identify--
(1) any portion of the 138-144 megahertz band that the
Department of Defense can share in various geographic regions
with public safety radio services;
(2) any measures required to prevent harmful interference
between Department of Defense systems and the public safety
systems proposed for operation on those frequencies; and
(3) a reasonable schedule for implementation of such sharing
of frequencies.
(b) Submission of Interim Report.--Within one year after the date of
the enactment of this Act, 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 an interim report on the
progress of the study conducted pursuant to subsection (a).
(c) Report.--Not later than January 1, 2002, the Secretary of
Commerce and the Chairman of the Federal Communications Commission shall
jointly submit a report to Congress on alternative frequencies available
for use by public safety systems.
[[Page 114 STAT. 1654A-367]]
SEC. 1706. SALE OR DONATION OF EXCESS DEFENSE PROPERTY TO ASSIST
FIREFIGHTING AGENCIES.
(a) Transfer Authorized.--Chapter 153 of title 10, United States
Code, is amended by inserting after section 2576a the following new
section:
``Sec. 2576b. Excess personal property: sale or donation to assist
firefighting agencies
``(a) Transfer Authorized.--Subject to subsection (b), the Secretary
of Defense may transfer to a firefighting agency in a State any personal
property of the Department of Defense that the Secretary determines is--
``(1) excess to the needs of the Department of Defense; and
``(2) suitable for use in providing fire and emergency
medical services, including personal protective equipment and
equipment for communication and monitoring.
``(b) Conditions for Transfer.--The Secretary of Defense may
transfer personal property under this section only if--
``(1) the property is drawn from existing stocks of the
Department of Defense;
``(2) the recipient firefighting agency accepts the property
on an as-is, where-is basis;
``(3) the transfer is made without the expenditure of any
funds available to the Department of Defense for the procurement
of defense equipment; and
``(4) all costs incurred subsequent to the transfer of the
property are borne or reimbursed by the recipient.
``(c) Consideration.--Subject to subsection (b)(4), the Secretary
may transfer personal property under this section without charge to the
recipient firefighting agency.
``(d) Definitions.--In this section:
``(1) State.--The term `State' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, and any territory or possession of
the United States.
``(2) Firefighting agency.--The term `firefighting agency'
means any volunteer, paid, or combined departments that provide
fire and emergency medical services.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2576a the following new item:
``2576b. Excess personal property: sale or donation to assist
firefighting agencies.''.
SEC. 1707. IDENTIFICATION OF DEFENSE TECHNOLOGIES SUITABLE FOR USE, OR
CONVERSION FOR USE, IN PROVIDING FIRE AND EMERGENCY MEDICAL
SERVICES.
(a) Appointment of Task Force; Purpose.--The Secretary of Defense
shall appoint a task force consisting of representatives from the
Department of Defense and each of the seven major fire organizations
identified in subsection (b) to identify defense technologies and
equipment that--
(1) can be readily put to civilian use by fire service and
the emergency response agencies; and
(2) can be transferred to these agencies using the authority
provided by section 2576b of title 10, United States Code, as
added by section 1706 of this Act.
[[Page 114 STAT. 1654A-368]]
(b) Participating Major Fire Organizations.--Members of the task
force shall be appointed from each of the following:
(1) The International Association of Fire Chiefs.
(2) The International Association of Fire Fighters.
(3) The National Volunteer Fire Council.
(4) The International Association of Arson Investigators.
(5) The International Society of Fire Service Instructors.
(6) The National Association of State Fire Marshals.
(7) The National Fire Protection Association.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Defense for activities of the task
force $1,000,000 for fiscal year 2001.
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.
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Impact Aid Reauthorization Act of
2000''.
SEC. 1802. PURPOSE.
Section 8001 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7701) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting after ``educational services to
federally connected children'' the following: ``in a
manner that promotes control by local educational
agencies with little or no Federal or State
involvement''; and
(B) by inserting after ``certain activities of the
Federal Government'' the following: ``, such as
activities to fulfill the responsibilities of the
Federal Government with respect to Indian tribes and
activities under section 514 of the Soldiers' and
Sailors' Civil Relief Act of 1940 (50 U.S.C. App.
574),'';
(2) in paragraph (4), by adding ``or'' at the end;
(3) by striking paragraph (5);
(4) by redesignating paragraph (6) as paragraph (5); and
(5) in paragraph (5) (as redesignated), by inserting before
the period at the end the following: ``and because of the
difficulty of raising local revenue through bond referendums for
capital projects due to the inability to tax Federal property''.
[[Page 114 STAT. 1654A-369]]
SEC. 1803. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.
(a) Fiscal Year Requirement.--Section 8002(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702(a)) is amended in the
matter preceding paragraph (1) by striking ``1999'' and inserting
``2003''.
(b) Amount.--
(1) Prohibition on reduction in amount of payment.--Section
8002(b)(1)(A)(i) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7702(b)(1)(A)(i)) is amended--
(A) by striking ``(i) The amount'' and inserting
``(i)(I) Subject to subclauses (II) and (III), the
amount'';
(B) by striking ``, except that'' and all that
follows through ``Federal property''; and
(C) by adding at the end the following:
``(II) Except as provided in subclause (III), the Secretary
may not reduce the amount of a payment under this section to a
local educational agency for a fiscal year by (aa) the amount
equal to the amount of revenue, if any, the agency received
during the previous fiscal year from activities conducted on
Federal property eligible under this section and located in a
school district served by the agency, including amounts received
from any Federal department or agency (other than the Department
of Education) from such activities, by reason of receipt of such
revenue, or (bb) any other amount by reason of receipt of such
revenue.
``(III) If the amount equal to the sum of (aa) the proposed
payment under this section to a local educational agency for a
fiscal year and (bb) the amount of revenue described in
subclause (II)(aa) received by the agency during the previous
fiscal year, exceeds the maximum amount the agency is eligible
to receive under this section for the fiscal year involved, then
the Secretary shall reduce the amount of the proposed payment
under this section by an amount equal to such excess amount.''.
(2) Insufficient funds.--Section 8002(b)(1)(B) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7702(b)(1)(B)) is amended by striking ``shall ratably reduce the
payment to each eligible local educational agency'' and
inserting ``shall calculate the payment for each eligible local
educational agency in accordance with subsection (h)''.
(3) Maximum amount.--Section 8002(b)(1)(C) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7702(b)(1)(C)) is
amended by adding at the end before the period the following:
``, or the maximum amount that such agency is eligible to
receive for such fiscal year under this section, whichever is
greater''.
(c) Payments With Respect to Fiscal Years in Which Insufficient
Funds Are Appropriated.--Section 8002(h) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(h)) is amended to read as follows:
``(h) Payments With Respect to Fiscal Years in Which Insufficient
Funds Are Appropriated.--For any fiscal year for which the amount
appropriated under section 8014(a) is insufficient to pay to each
eligible local educational agency the full amount determined under
subsection (b), the Secretary shall make payments to each local
educational agency under this section as follows:
``(1) Foundation payments for pre-1995 recipients.--
[[Page 114 STAT. 1654A-370]]
``(A) In general.--The Secretary shall first make a
foundation payment to each local educational agency that
is eligible to receive a payment under this section for
the fiscal year involved and was eligible to receive a
payment under section 2 of the Act of September 30, 1950
(Public Law 874, 81st Congress) (as such section was in
effect on the day preceding the date of the enactment of
the Improving America's Schools Act of 1994) for any of
the fiscal years 1989 through 1994.
``(B) Amount.--The amount of a payment under
subparagraph (A) for a local educational agency shall be
equal to 38 percent of the local educational agency's
maximum entitlement amount under section 2 of the Act of
September 30, 1950, for fiscal year 1994 (or if the
local educational agency was not eligible to receive a
payment under such section 2 for fiscal year 1994, the
local educational agency's maximum entitlement amount
under such section 2 for the most recent fiscal year
preceding 1994).
``(C) Insufficient appropriations.--If the amount
appropriated under section 8014(a) is insufficient to
pay the full amount determined under this paragraph for
all eligible local educational agencies for the fiscal
year, then the Secretary shall ratably reduce the
payment to each local educational agency under this
paragraph.
``(2) Payments for 1995 recipients.--
``(A) In general.--From any amounts remaining after
making payments under paragraph (1) for the fiscal year
involved, the Secretary shall make a payment to each
eligible local educational agency that received a
payment under this section for fiscal year 1995.
``(B) Amount.--The amount of a payment under
subparagraph (A) for a local educational agency shall be
determined as follows:
``(i) Calculate the difference between the
amount appropriated to carry out this section for
fiscal year 1995 and the total amount of
foundation payments made under paragraph (1) for
the fiscal year.
``(ii) Determine the percentage share for each
local educational agency that received a payment
under this section for fiscal year 1995 by
dividing the assessed value of the Federal
property of the local educational agency for
fiscal year 1995 determined in accordance with
subsection (b)(3), by the total eligible national
assessed value of the eligible Federal property of
all such local educational agencies for fiscal
year 1995, as so determined.
``(iii) Multiply the percentage share
described in clause (ii) for the local educational
agency by the amount determined under clause (i).
``(3) Subsection (i) recipients.--From any funds remaining
after making payments under paragraphs (1) and (2) for the
fiscal year involved, the Secretary shall make payments in
accordance with subsection (i).
``(4) Remaining funds.--From any funds remaining after
making payments under paragraphs (1), (2), and (3) for the
fiscal year involved--
[[Page 114 STAT. 1654A-371]]
``(A) the Secretary shall make a payment to each
local educational agency that received a foundation
payment under paragraph (1) for the fiscal year involved
in an amount that bears the same relation to 25 percent
of the remainder as the amount the local educational
agency received under paragraph (1) for the fiscal year
involved bears to the amount all local educational
agencies received under paragraph (1) for the fiscal
year involved; and
``(B) the Secretary shall make a payment to each
local educational agency that is eligible to receive a
payment under this section for the fiscal year involved
in an amount that bears the same relation to 75 percent
of the remainder as a percentage share determined for
the local educational agency (in the same manner as
percentage shares are determined for local educational
agencies under paragraph (2)(B)(ii)) bears to the
percentage share determined (in the same manner) for all
local educational agencies eligible to receive a payment
under this section for the fiscal year involved, except
that for the purpose of calculating a local educational
agency's assessed value of the Federal property, data
from the most current fiscal year shall be used.''.
(d) Special Payments.--
(1) In general.--Section 8002(i)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702(i)(1)) is
amended to read as follows:
``(1) In general.--For any fiscal year beginning with fiscal
year 2000 for which the amount appropriated to carry out this
section exceeds the amount so appropriated for fiscal year 1996
and for which subsection (b)(1)(B) applies, the Secretary shall
use the remainder described in subsection (h)(3) for the fiscal
year involved (not to exceed the amount equal to the difference
between (A) the amount appropriated to carry out this section
for fiscal year 1997 and (B) the amount appropriated to carry
out this section for fiscal year 1996) to increase the payment
that would otherwise be made under this section to not more than
50 percent of the maximum amount determined under subsection (b)
for any local educational agency described in paragraph (2).''.
(2) Conforming amendment.--The heading of section 8002(i) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7702(i)) is amended by striking ``Priority'' and inserting
``Special''.
(e) Additional Assistance for Certain Local Educational Agencies
Impacted by Federal Property Acquisition.--Section 8002( j)(2) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702( j)(2))
is amended--
(1) by striking ``(A) A local educational agency'' and
inserting ``A local educational agency'';
(2) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively; and
(3) in subparagraph (C) (as redesignated), by adding at the
end before the semicolon the following: ``and, at the time at
which the agency is applying for a payment under this
subsection, the agency does not have a military installation
located within its geographic boundaries''.
[[Page 114 STAT. 1654A-372]]
(f ) Prior Year Data.--Section 8002 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702) is amended by adding at the end
the following:
``(l) Prior Year Data.--Notwithstanding any other provision of this
section, in determining the eligibility of a local educational agency
for a payment under subsection (b) or (h)(4)(B) of this section for a
fiscal year, and in calculating the amount of such payment, the
Secretary--
``(1) shall use data from the prior fiscal year with respect
to the Federal property involved, including data with respect to
the assessed value of the property and the real property tax
rate for current expenditures levied against or imputed to the
property; and
``(2) shall use data from the second prior fiscal year with
respect to determining the amount of revenue referred to in
subsection (b)(1)(A)(i).''.
(g) Eligibility.--Section 8002 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702), as amended by this section, is
further amended by adding at the end the following:
``(m) Eligibility.--
``(1) Old federal property.--Except as provided in paragraph
(2), a local educational agency that is eligible to receive a
payment under this section for Federal property acquired by the
Federal Government, before the date of the enactment of the
Impact Aid Reauthorization Act of 2000, shall be eligible to
receive the payment only if the local educational agency submits
an application for a payment under this section not later than 5
years after the date of the enactment of such Act.
``(2) Combined federal property.--A local educational agency
that is eligible to receive a payment under this section for
Federal property acquired by the Federal Government before the
date of the enactment of the Impact Aid Reauthorization Act of
2000 shall be eligible to receive the payment if--
``(A) the Federal property, when combined with other
Federal property in the school district served by the
local educational agency acquired by the Federal
Government after the date of the enactment of such Act,
meets the requirements of subsection (a); and
``(B) the local educational agency submits an
application for a payment under this section not later
than 5 years after the date of acquisition of the
Federal property acquired after the date of the
enactment of such Act.
``(3) New federal property.--A local educational agency that
is eligible to receive a payment under this section for Federal
property acquired by the Federal Government after the date of
the enactment of the Impact Aid Reauthorization Act of 2000
shall be eligible to receive the payment only if the local
educational agency submits an application for a payment under
this section not later than 5 years after the date of
acquisition.''.
SEC. 1804. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) General Amendments.--Section 8003 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703) is amended--
(1) in subsection (a)(2)--
[[Page 114 STAT. 1654A-373]]
(A) by redesignating subparagraph (E) as
subparagraph (F);
(B) in subparagraph (D), by striking ``subparagraphs
(D) and (E) of paragraph (1) by a factor of .10'' and
inserting ``subparagraph (D) of paragraph (1) by a
factor of .20''; and
(C) by inserting after subparagraph (D) the
following:
``(E) Multiply the number of children described in
subparagraph (E) of paragraph (1) by a factor of .10.'';
(2) in subsection (b)(1), by adding at the end the
following:
``(D) Data.--If satisfactory data from the third
preceding fiscal year are not available for any of the
expenditures described in clause (i) or (ii) of
subparagraph (C), the Secretary shall use data from the
most recent fiscal year for which data that are
satisfactory to the Secretary are available.
``(E) Special rule.--For purposes of determining the
comparable local contribution rate under subparagraph
(C)(iii) for a local educational agency described in
section 222.39(c)(3) of title 34, Code of Federal
Regulations, that had its comparable local contribution
rate for fiscal year 1998 calculated pursuant to section
222.39 of title 34, Code of Federal Regulations, the
Secretary shall determine such comparable local
contribution rate as the rate upon which payments under
this subsection for fiscal year 2000 were made to the
local educational agency adjusted by the percentage
increase or decrease in the per pupil expenditure in the
State serving the local educational agency calculated on
the basis of the second most recent preceding school
year compared to the third most recent preceding school
year for which school year data are available.''; and
(3) by amending subsection (e) to read as follows:
``(e) Hold Harmless.--
``(1) In general.--Subject to paragraphs (2) and (3), the
total amount the Secretary shall pay a local educational agency
under subsection (b)--
``(A) for fiscal year 2001 shall not be less than 85
percent of the total amount that the local educational
agency received under subsections (b) and (f ) for
fiscal year 2000; and
``(B) for fiscal year 2002 shall not be less than 70
percent of the total amount that the local educational
agency received under subsections (b) and (f ) for
fiscal year 2000.
``(2) Maximum amount.--The total amount provided to a local
educational agency under subparagraph (A) or (B) of paragraph
(1) for a fiscal year shall not exceed the maximum basic support
payment amount for such agency determined under paragraph (1) or
(2) of subsection (b), as the case may be.
``(3) Ratable reductions.--
``(A) In general.--If the sums made available under
this title for any fiscal year are insufficient to pay
the full amounts that all local educational agencies in
all States are eligible to receive under paragraph (1)
for such year, then the Secretary shall ratably reduce
the payments to all such agencies for such year.
[[Page 114 STAT. 1654A-374]]
``(B) Additional funds.--If additional funds become
available for making payments under paragraph (1) for
such fiscal year, payments that were reduced under
subparagraph (A) shall be increased on the same basis as
such payments were reduced.''.
(b) Military Installation and Indian Housing Undergoing Renovation
or Rebuilding.--
(1) In general.--Section 8003(a)(4) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(a)) is amended--
(A) in the heading--
(i) by inserting ``and indian'' after
``Military installation''; and
(ii) by inserting ``or rebuilding'' after
``renovation'';
(B) by striking ``For purposes'' and inserting the
following:
``(A) In general.--(i) For purposes'';
(C) in subparagraph (A)(i) (as designated by
subparagraph (B)), by inserting ``or rebuilding'' after
``undergoing renovation''; and
(D) by adding at the end the following:
``(ii) For purposes of computing the amount of a
payment for a local educational agency that received a
payment for children that resided on Indian lands in
accordance with paragraph (1)(C) for the fiscal year
prior to the fiscal year for which the local educational
agency is making an application, the Secretary shall
consider such children to be children described in
paragraph (1)(C) if the Secretary determines, on the
basis of a certification provided to the Secretary by a
designated representative of the Secretary of the
Interior or the Secretary of Housing and Urban
Development, that such children would have resided in
housing on Indian lands in accordance with paragraph
(1)(C) except that such housing was undergoing
renovation or rebuilding on the date for which the
Secretary determines the number of children under
paragraph (1).
``(B) Limitations.--(i)(I) Children described in
paragraph (1)(D)(i) may be deemed to be children
described in paragraph (1)(B) with respect to housing on
Federal property undergoing renovation or rebuilding in
accordance with subparagraph (A)(i) for a period not to
exceed 3 fiscal years.
``(II) The number of children described in paragraph
(1)(D)(i) who are deemed to be children described in
paragraph (1)(B) with respect to housing on Federal
property undergoing renovation or rebuilding in
accordance with subparagraph (A)(i) for any fiscal year
may not exceed the maximum number of children who are
expected to occupy that housing upon completion of the
renovation or rebuilding.
``(ii)(I) Children that resided on Indian lands in
accordance with paragraph (1)(C) for the fiscal year
prior to the fiscal year for which the local educational
agency is making an application may be deemed to be
children described in paragraph (1)(C) with respect to
housing on
[[Page 114 STAT. 1654A-375]]
Indian lands undergoing renovation or rebuilding in
accordance with subparagraph (A)(ii) for a period not to
exceed 3 fiscal years.
``(II) The number of children that resided on Indian
lands in accordance with paragraph (1)(C) for the fiscal
year prior to the fiscal year for which the local
educational agency is making an application who are
deemed to be children described in paragraph (1)(C) with
respect to housing on Indian lands undergoing renovation
or rebuilding in accordance with subparagraph (A)(ii)
for any fiscal year may not exceed the maximum number of
children who are expected to occupy that housing upon
completion of the renovation or rebuilding.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to payments to a local educational
agency for fiscal years beginning before, on, or after the date
of the enactment of this Act.
(c) Military ``Build to Lease'' Program Housing.--Section 8003(a) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a))
is amended by adding at the end the following:
``(5) Military `build to lease' program housing.--
``(A) In general.--For purposes of computing the
amount of payment for a local educational agency for
children identified under paragraph (1), the Secretary
shall consider children residing in housing initially
acquired or constructed under the former section 2828(g)
of title 10, United States Code (commonly known as the
`Build to Lease' program), as added by section 801 of
the Military Construction Authorization Act, 1984, to be
children described under paragraph (1)(B) if the
property described is within the fenced security
perimeter of the military facility upon which such
housing is situated.
``(B) Additional requirements.--If the property
described in subparagraph (A) is not owned by the
Federal Government, is subject to taxation by a State or
political subdivision of a State, and thereby generates
revenues for a local educational agency that is applying
to receive a payment under this section, then the
Secretary--
``(i) shall require the local educational
agency to provide certification from an
appropriate official of the Department of Defense
that the property is being used to provide
military housing; and
``(ii) shall reduce the amount of the payment
under this section by an amount equal to the
amount of revenue from such taxation received in
the second preceding fiscal year by such local
educational agency, unless the amount of such
revenue was taken into account by the State for
such second preceding fiscal year and already
resulted in a reduction in the amount of State aid
paid to such local educational agency.''.
SEC. 1805. MAXIMUM AMOUNT OF BASIC SUPPORT PAYMENTS.
Section 8003(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7703(b)(1)), as amended by this Act, is further amended
by adding at the end the following:
[[Page 114 STAT. 1654A-376]]
``(F) Increase in local contribution rate due to
unusual geographic factors.--If the current expenditures
in those local educational agencies which the Secretary
has determined to be generally comparable to the local
educational agency for which a computation is made under
subparagraph (C) are not reasonably comparable because
of unusual geographical factors which affect the current
expenditures necessary to maintain, in such agency, a
level of education equivalent to that maintained in such
other agencies, then the Secretary shall increase the
local contribution rate for such agency under
subparagraph (C)(iii) by such an amount which the
Secretary determines will compensate such agency for the
increase in current expenditures necessitated by such
unusual geographical factors. The amount of any such
supplementary payment may not exceed the per-pupil share
(computed with regard to all children in average daily
attendance), as determined by the Secretary, of the
increased current expenditures necessitated by such
unusual geographic factors.''.
SEC. 1806. BASIC SUPPORT PAYMENTS FOR HEAVILY IMPACTED LOCAL EDUCATIONAL
AGENCIES.
(a) In General.--Section 8003(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Basic Support Payments for Heavily Impacted Local
Educational Agencies.--
``(A) In general.--(i) From the amount appropriated
under section 8014(b) for a fiscal year, the Secretary
is authorized to make basic support payments to eligible
heavily impacted local educational agencies with
children described in subsection (a).
``(ii) A local educational agency that receives a
basic support payment under this paragraph for a fiscal
year shall not be eligible to receive a basic support
payment under paragraph (1) for that fiscal year.
``(B) Eligibility for continuing heavily impacted
local educational agencies.--
``(i) In general.--A heavily impacted local
educational agency is eligible to receive a basic
support payment under subparagraph (A) with
respect to a number of children determined under
subsection (a)(1) if the agency--
(I) received an additional
assistance payment under subsection (f )
(as such subsection was in effect on the
day before the date of the enactment of
the Impact Aid Reauthorization Act of
2000) for fiscal year 2000; and
``(II)(aa) is a local educational
agency whose boundaries are the same as
a Federal military installation;
``(bb) has an enrollment of children
described in subsection (a)(1) that
constitutes a percentage of the total
student enrollment of the agency which
[[Page 114 STAT. 1654A-377]]
is not less than 35 percent, has a per-
pupil expenditure that is less than the
average per-pupil expenditure of the
State in which the agency is located or
the average per-pupil expenditure of all
States (whichever average per-pupil
expenditure is greater), except that a
local educational agency with a total
student enrollment of less than 350
students shall be deemed to have
satisfied such per-pupil expenditure
requirement, and has a tax rate for
general fund purposes which is not less
than 95 percent of the average tax rate
for general fund purposes of local
educational agencies in the State;
``(cc) has an enrollment of children
described in subsection (a)(1) that
constitutes a percentage of the total
student enrollment of the agency which
is not less than 30 percent, and has a
tax rate for general fund purposes which
is not less than 125 percent of the
average tax rate for general fund
purposes for comparable local
educational agencies in the State;
``(dd) has a total student
enrollment of not less than 25,000
students, of which not less than 50
percent are children described in
subsection (a)(1) and not less than
6,000 of such children are children
described in subparagraphs (A) and (B)
of subsection (a)(1); or
``(ee) meets the requirements of
subsection (f )(2) applying the data
requirements of subsection (f )(4) (as
such subsections were in effect on the
day before the date of the enactment of
the Impact Aid Reauthorization Act of
2000).
``(ii) Loss of eligibility.--A heavily
impacted local educational agency that met the
requirements of clause (i) for a fiscal year shall
be ineligible to receive a basic support payment
under subparagraph (A) if the agency fails to meet
the requirements of clause (i) for a subsequent
fiscal year, except that such agency shall
continue to receive a basic support payment under
this paragraph for the fiscal year for which the
ineligibility determination is made.
``(iii) Resumption of eligibility.--A heavily
impacted local educational agency described in
clause (i) that becomes ineligible under such
clause for 1 or more fiscal years may resume
eligibility for a basic support payment under this
paragraph for a subsequent fiscal year only if the
agency meets the requirements of clause (i) for
that subsequent fiscal year, except that such
agency shall not receive a basic support payment
under this paragraph until the fiscal year
succeeding the fiscal year for which the
eligibility determination is made.
``(C) Eligibility for new heavily impacted local
educational agencies.--
``(i) In general.--A heavily impacted local
educational agency that did not receive an
additional
[[Page 114 STAT. 1654A-378]]
assistance payment under subsection (f ) (as such
subsection was in effect on the day before the
date of the enactment of the Impact Aid
Reauthorization Act of 2000) for fiscal year 2000
is eligible to receive a basic support payment
under subparagraph (A) for fiscal year 2002 and
any subsequent fiscal year with respect to a
number of children determined under subsection
(a)(1) only if the agency is a local educational
agency whose boundaries are the same as a Federal
military installation, or the agency--
``(I) has an enrollment of children
described in subsection (a)(1) that
constitutes a percentage of the total
student enrollment of the agency that--
``(aa) is not less than 50
percent if such agency receives
a payment on behalf of children
described in subparagraphs (F)
and (G) of such subsection; or
``(bb) is not less than 40
percent if such agency does not
receive a payment on behalf of
such children;
``(II)(aa) for a local educational
agency that has a total student
enrollment of 350 or more students, has
a per-pupil expenditure that is less
than the average per-pupil expenditure
of the State in which the agency is
located; or
``(bb) for a local educational
agency that has a total student
enrollment of less than 350 students,
has a per-pupil expenditure that is less
than the average per-pupil expenditure
of a comparable local educational agency
in the State in which the agency is
located; and
``(III) has a tax rate for general
fund purposes that is at least 95
percent of the average tax rate for
general fund purposes of comparable
local educational agencies in the State.
``(ii) Resumption of eligibility.--A heavily
impacted local educational agency described in
clause (i) that becomes ineligible under such
clause for 1 or more fiscal years may resume
eligibility for a basic support payment under this
paragraph for a subsequent fiscal year only if the
agency is a local educational agency whose
boundaries are the same as a Federal military
installation, or meets the requirements of clause
(i), for that subsequent fiscal year, except that
such agency shall continue to receive a basic
support payment under this paragraph for the
fiscal year for which the ineligibility
determination is made.
``(iii) Application.--With respect to the
first fiscal year for which a heavily impacted
local educational agency described in clause (i)
applies for a basic support payment under
subparagraph (A), or with respect to the first
fiscal year for which a heavily impacted local
educational agency applies for a basic support
payment under subparagraph (A) after becoming
ineligible under clause (i) for 1 or more
preceding fiscal
[[Page 114 STAT. 1654A-379]]
years, the agency shall apply for such payment at
least 1 year prior to the start of that first
fiscal year.
``(D) Maximum amount for regular heavily impacted
local educational agencies.--(i) Except as provided in
subparagraph (E), the maximum amount that a heavily
impacted local educational agency is eligible to receive
under this paragraph for any fiscal year is the sum of
the total weighted student units, as computed under
subsection (a)(2) and subject to clause (ii), multiplied
by the greater of--
``(I) four-fifths of the average per-pupil
expenditure of the State in which the local
educational agency is located for the third fiscal
year preceding the fiscal year for which the
determination is made; or
``(II) four-fifths of the average per-pupil
expenditure of all of the States for the third
fiscal year preceding the fiscal year for which
the determination is made.
``(ii)(I) For a local educational agency with
respect to which 35 percent or more of the total student
enrollment of the schools of the agency are children
described in subparagraph (D) or (E) (or a combination
thereof ) of subsection (a)(1), the Secretary shall
calculate the weighted student units of such children
for purposes of subsection (a)(2) by multiplying the
number of such children by a factor of 0.55.
``(II) For a local educational agency that has an
enrollment of 100 or fewer children described in
subsection (a)(1), the Secretary shall calculate the
total number of weighted student units for purposes of
subsection (a)(2) by multiplying the number of such
children by a factor of 1.75.
``(III) For a local educational agency that has an
enrollment of more than 100 but not more than 750
children described in subsection (a)(1), the Secretary
shall calculate the total number of weighted student
units for purposes of subsection (a)(2) by multiplying
the number of such children by a factor of 1.25.
``(E) Maximum amount for large heavily impacted
local educational agencies.--(i)(I) Subject to clause
(ii), the maximum amount that a heavily impacted local
educational agency described in subclause (II) is
eligible to receive under this paragraph for any fiscal
year shall be determined in accordance with the formula
described in paragraph (1)(C).
``(II) A heavily impacted local educational agency
described in this subclause is a local educational
agency that has a total student enrollment of not less
than 25,000 students, of which not less than 50 percent
are children described in subsection (a)(1) and not less
than 6,000 of such children are children described in
subparagraphs (A) and (B) of subsection (a)(1).
``(ii) For purposes of calculating the maximum
amount described in clause (i), the factor used in
determining the weighted student units under subsection
(a)(2) with respect to children described in
subparagraphs (A) and (B) of subsection (a)(1) shall be
1.35.
``(F) Data.--For purposes of providing assistance
under this paragraph the Secretary shall use student,
revenue,
[[Page 114 STAT. 1654A-380]]
expenditure, and tax data from the third fiscal year
preceding the fiscal year for which the local
educational agency is applying for assistance under this
paragraph.''.
(b) Payments With Respect to Fiscal Years in Which Insufficient
Funds Are Appropriated.--Section 8003(b)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(3)) (as so
redesignated) is amended--
(1) in subparagraph (A), by striking ``paragraph (1)'' and
inserting ``paragraphs (1) and (2)'';
(2) in subparagraph (B)--
(A) in the heading, by inserting after ``payments''
the following: ``in lieu of payments under paragraph
(1)'';
(B) in clause (i)--
(i) in the matter preceding subclause (I), by
inserting before ``by multiplying'' the following:
``in lieu of basic support payments under
paragraph (1)''; and
(ii) in subclause (II), by striking ``(not
including amounts received under subsection (f
))''; and
(C) by adding at the end the following:
``(iv) In the case of a local educational agency
that has a total student enrollment of fewer than 1,000
students and that has a per-pupil expenditure that is
less than the average per-pupil expenditure of the State
in which the agency is located, the total percentage
used to calculate threshold payments under clause (i)
shall not be less than 40 percent.'';
(3) by redesignating subparagraph (C) as subparagraph (D);
(4) by inserting after subparagraph (B) the following:
``(C) Learning opportunity threshold payments in
lieu of payments under paragraph (2).--For fiscal years
described in subparagraph (A), the learning opportunity
threshold payment in lieu of basic support payments
under paragraph (2) shall be equal to the amount
obtained under subparagraph (D) or (E) of paragraph (2),
as the case may be.''; and
(5) in subparagraph (D) (as so redesignated), by striking
``computation made under subparagraph (B)'' and inserting
``computations made under subparagraphs (B) and (C)''.
(c) Conforming Amendments.--Section 8003 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703) is amended--
(1) in the matter preceding subparagraph (A) of subsection
(a)(1), by striking ``subsection (b), (d), or (f )'' and
inserting ``subsection (b) or (d)'';
(2) in subsection (b)--
(A) in paragraph (1)(C), in the matter preceding
clause (i), by striking ``this subsection'' and
inserting ``this paragraph''; and
(B) in paragraph (4) (as so redesignated)--
(i) in subparagraph (A), by striking
``paragraphs (1)(B), (1)(C), and (2) of this
subsection'' and inserting ``subparagraphs (B) and
(C) of paragraph (1) or subparagraphs (B) through
(D) of paragraph (2), as the case may be,
paragraph (3) of this subsection''; and
(ii) in subparagraph (B)--
[[Page 114 STAT. 1654A-381]]
(I) by inserting after ``paragraph
(1)(C)'' the following: ``or
subparagraph (D) or (E) of paragraph
(2), as the case may be,''; and
(II) by striking ``paragraph
(2)(B)'' and inserting ``subparagraph
(B) or (C) of paragraph (3), as the case
may be,'';
(3) in subsection (c)(1), by striking ``paragraph (2) and
subsection (f )'' and inserting ``subsections (b)(1)(D), (b)(2),
and paragraph (2)'';
(4) by striking subsection (f ); and
(5) in subsection (h), by striking ``section 6'' and all
that follows through ``1994)'' and inserting ``section 386 of
the National Defense Authorization Act for Fiscal Year 1993''.
SEC. 1807. BASIC SUPPORT PAYMENTS FOR LOCAL EDUCATIONAL AGENCIES
AFFECTED BY REMOVAL OF FEDERAL PROPERTY.
Section 8003(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7703(b)), as amended by this Act, is further amended by
adding at the end the following:
``(5) Local educational agencies affected by removal of
federal property.--
``(A) In general.--In computing the amount of a
basic support payment under this subsection for a fiscal
year for a local educational agency described in
subparagraph (B), the Secretary shall meet the
additional requirements described in subparagraph (C).
``(B) Local educational agency described.--A local
educational agency described in this subparagraph is a
local educational agency with respect to which Federal
property (i) located within the boundaries of the
agency, and (ii) on which one or more children reside
who are receiving a free public education at a school of
the agency, is transferred by the Federal Government to
another entity in any fiscal year beginning on or after
the date of the enactment of the Impact Aid
Reauthorization Act of 2000 so that the property is
subject to taxation by the State or a political
subdivision of the State.
``(C) Additional requirements.--The additional
requirements described in this subparagraph are the
following:
``(i) For each fiscal year beginning after the
date on which the Federal property is transferred,
a child described in subparagraph (B) who
continues to reside on such property and who
continues to receive a free public education at a
school of the agency shall be deemed to be a child
who resides on Federal property for purposes of
computing under the applicable subparagraph of
subsection (a)(1) the amount that the agency is
eligible to receive under this subsection.
``(ii)(I) For the third fiscal year beginning
after the date on which the Federal property is
transferred, and for each fiscal year thereafter,
the Secretary shall, after computing the amount
that the agency is otherwise eligible to receive
under this subsection for the fiscal year
involved, deduct from such amount an amount equal
to the revenue received by the agency
[[Page 114 STAT. 1654A-382]]
for the immediately preceding fiscal year as a
result of the taxable status of the former Federal
property.
``(II) For purposes of determining the amount
of revenue to be deducted in accordance with
subclause (I), the local educational agency--
``(aa) shall provide for a review
and certification of such amount by an
appropriate local tax authority; and
``(bb) shall submit to the Secretary
a report containing the amount certified
under item (aa).''.
SEC. 1808. ADDITIONAL PAYMENTS FOR LOCAL EDUCATIONAL AGENCIES WITH HIGH
CONCENTRATIONS OF CHILDREN WITH SEVERE DISABILITIES.
(a) Repeal.--Subsection (g) of section 8003 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(g)) is repealed.
(b) Conforming Amendments.--(1) Section 8003 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703) is amended by
redesignating subsections (h) and (i) as subsections (f ) and (g),
respectively.
(2) Section 426 of the General Education Provisions Act (20 U.S.C.
1228) is amended by striking ``subsections (d) and (g) of section 8003
of such Act'' and inserting ``section 8003(d) of such Act''.
SEC. 1809. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.
Section 8005(d) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7705(d)) is amended--
(1) in paragraph (2), by inserting after ``not more than 60
days after a deadline established under subsection (c)'' the
following: ``, or not more than 60 days after the date on which
the Secretary sends written notice to the local educational
agency pursuant to paragraph (3)(A), as the case may be,''; and
(2) in paragraph (3) to read as follows:
``(3) Late applications.--
``(A) Notice.--The Secretary shall, as soon as
practicable after the deadline established under
subsection (c), provide to each local educational agency
that applied for a payment under section 8002 or 8003
for the prior fiscal year, and with respect to which the
Secretary has not received an application for a payment
under either such section (as the case may be) for the
fiscal year in question, written notice of the failure
to comply with the deadline and instruction to ensure
that the application is filed not later than 60 days
after the date on which the Secretary sends the notice.
``(B) Acceptance and approval of late
applications.--The Secretary shall not accept or approve
any application of a local educational agency that is
filed more than 60 days after the date on which the
Secretary sends written notice to the local educational
agency pursuant to subparagraph (A).''.
[[Page 114 STAT. 1654A-383]]
SEC. 1810. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN ATTENDANCE
OF MILITARY DEPENDENTS.
Section 8006 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7706) is repealed.
SEC. 1811. CONSTRUCTION.
Section 8007 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7707) is amended to read as follows:
``SEC. 8007. CONSTRUCTION.
``(a) Construction Payments Authorized.--
``(1) In general.--From 40 percent of the amount
appropriated for each fiscal year under section 8014(e), the
Secretary shall make payments in accordance with this subsection
to each local educational agency that receives a basic support
payment under section 8003(b) for that fiscal year.
``(2) Additional requirements.--A local educational agency
that receives a basic support payment under section 8003(b)(1)
shall also meet at least one of the following requirements:
``(A) The number of children determined under
section 8003(a)(1)(C) for the agency for the preceding
school year constituted at least 50 percent of the total
student enrollment in the schools of the agency during
the preceding school year.
``(B) The number of children determined under
subparagraphs (B) and (D)(i) of section 8003(a)(1) for
the agency for the preceding school year constituted at
least 50 percent of the total student enrollment in the
schools of the agency during the preceding school year.
``(3) Amount of payments.--
``(A) Local educational agencies impacted by
military dependent children.--The amount of a payment to
each local educational agency described in this
subsection that is impacted by military dependent
children for a fiscal year shall be equal to--
``(i)(II) 20 percent of the amount
appropriated under section 8014(e) for such fiscal
year; divided by
``(II) the total number of weighted student
units of children described in subparagraphs (B)
and (D)(i) of section 8003(a)(1) for all local
educational agencies described in this subsection
(as calculated under section 8003(a)(2)),
including the number of weighted student units of
such children attending a school facility
described in section 8008(a) if the Secretary does
not provide assistance for the school facility
under that section for the prior fiscal year;
multiplied by
``(ii) the total number of such weighted
student units for the agency.
``(B) Local educational agencies impacted by
children who reside on indian lands.--The amount of a
payment to each local educational agency described in
this subsection that is impacted by children who reside
on Indian lands for a fiscal year shall be equal to--
``(i)(I) 20 percent of the amount appropriated
under section 8014(e) for such fiscal year;
divided by
[[Page 114 STAT. 1654A-384]]
``(II) the total number of weighted student
units of children described in section
8003(a)(1)(C) for all local educational agencies
described in this subsection (as calculated under
section 8003(a)(2)); multiplied by
``(ii) the total number of such weighted
student units for the agency.
``(4) Use of funds.--Any local educational agency that
receives funds under this subsection shall use such funds for
construction, as defined in section 8013(3).
``(b) School Facility Modernization Grants Authorized.--
``(1) In general.--From 60 percent of the amount
appropriated for each fiscal year under section 8014(e), the
Secretary shall award grants in accordance with this subsection
to eligible local educational agencies to enable the local
educational agencies to carry out modernization of school
facilities.
``(2) Eligibility requirements.--A local educational agency
is eligible to receive funds under this subsection only if--
``(A) such agency (or in the case of a local
educational agency that does not have the authority to
tax or issue bonds, such agency's fiscal agent) has no
capacity to issue bonds or is at such agency's limit in
bonded indebtedness for the purposes of generating funds
for capital expenditures, except that a local
educational agency that is eligible to receive funds
under section 8003(b)(2) shall be deemed to meet the
requirements of this subparagraph; and
``(B)(i) such agency received assistance under
section 8002(a) for the fiscal year and has an assessed
value of taxable property per student in the school
district that is less than the average of the assessed
value of taxable property per student in the State in
which the local educational agency is located; or
``(ii) such agency received assistance under
subsection (a) for the fiscal year and has a school
facility emergency, as determined by the Secretary, that
poses a health or safety hazard to the students and
school personnel assigned to the school facility.
``(3) Award criteria.--In awarding grants under this
subsection the Secretary shall consider one or more of the
following factors:
``(A) The extent to which the local educational
agency lacks the fiscal capacity to undertake the
modernization project without Federal assistance.
``(B) The extent to which property in the local
educational agency is nontaxable due to the presence of
the Federal Government.
``(C) The extent to which the local educational
agency serves high numbers or percentages of children
described in subparagraphs (A), (B), (C), and (D) of
section 8003(a)(1).
``(D) The need for modernization to meet--
``(i) the threat that the condition of the
school facility poses to the health, safety, and
well-being of students;
``(ii) overcrowding conditions as evidenced by
the use of trailers and portable buildings and the
potential for future overcrowding because of
increased enrollment; and
[[Page 114 STAT. 1654A-385]]
``(iii) facility needs resulting from actions
of the Federal Government.
``(E) The age of the school facility to be
modernized.
``(4) Other award provisions.--
``(A) Federal share.--The Federal funds provided
under this subsection to a local educational agency
described in subparagraph (C) shall not exceed 50
percent of the total cost of the project to be assisted
under this subsection. A local educational agency may
use in-kind contributions to meet the matching
requirement of the preceding sentence.
``(B) Maximum grant.--A local educational agency
described in subparagraph (C) may not receive a grant
under this subsection in an amount that exceeds
$3,000,000 during any 5-year period.
``(C) Local educational agency described.--A local
educational agency described in this subparagraph is a
local educational agency that has the authority to issue
bonds but is at such agency's limit in bonded
indebtedness for the purposes of generating funds for
capital expenditures.
``(5) Applications.--A local educational agency that desires
to receive a grant under this subsection shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require.
Each application shall contain--
``(A) documentation certifying such agency's lack of
bonding capacity;
``(B) a listing of the school facilities to be
modernized, including the number and percentage of
children determined under section 8003(a)(1) in average
daily attendance in each school facility;
``(C) a description of the ownership of the property
on which the current school facility is located or on
which the planned school facility will be located;
``(D) a description of any school facility
deficiency that poses a health or safety hazard to the
occupants of the school facility and a description of
how that deficiency will be repaired;
``(E) a description of the modernization to be
supported with funds provided under this subsection;
``(F) a cost estimate of the proposed modernization;
and
``(G) such other information and assurances as the
Secretary may reasonably require.
``(6) Emergency grants.--
``(A) Applications.--Each local educational agency
described in paragraph (2)(B)(ii) that desires a grant
under this subsection shall include in the application
submitted under paragraph (5) a signed statement from an
appropriate local official certifying that a health or
safety deficiency exists.
``(B) Priority.--If the Secretary receives more than
one application from local educational agencies
described in paragraph (2)(B)(ii) for grants under this
subsection for any fiscal year, the Secretary shall give
priority to local educational agencies based on the
severity of the
[[Page 114 STAT. 1654A-386]]
emergency, as determined by the Secretary, and when the
application was received.
``(C) Allocation; reporting requirement.--
``(i) Allocation.--In awarding grants under
this subsection to local educational agencies
described in paragraph (2)(B)(ii), the Secretary
shall consider all applications received from
local educational agencies that meet the
requirement of subsection (a)(2)(A) and local
educational agencies that meet the requirement of
subsection (a)(2)(B).
``(ii) Reporting requirement.--
``(I) In general.--Not later than
January 1 of each year, the Secretary
shall prepare and submit to the
appropriate congressional committees a
report that contains a justification for
each grant awarded under this subsection
for the prior fiscal year.
``(II) Definition.--In this clause,
the term `appropriate congressional
committees' means the Committee on
Appropriations and the Committee on
Education and the Workforce of the House
of Representatives and the Committee on
Appropriations and the Committee on
Health, Education, Labor and Pensions of
the Senate.
``(D) Consideration for following year.--A local
educational agency described in paragraph (2)(B)(ii)
that applies for a grant under this subsection for any
fiscal year and does not receive the grant shall have
the application for the grant considered for the
following fiscal year, subject to the priority described
in subparagraph (B).
``(7) Supplement not supplant.--An eligible local
educational agency shall use funds received under this
subsection only to supplement the amount of funds that would, in
the absence of such Federal funds, be made available from non-
Federal sources for the modernization of school facilities used
for educational purposes, and not to supplant such funds.''.
SEC. 1812. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.
Section 8009 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7709) is amended--
(1) in subsection (a)(1), by striking ``or under'' and all
that follows through ``of 1994)'';
(2) by amending subsection (b)(1) to read as follows:
``(1) In general.--A State may reduce State aid to a local
educational agency that receives a payment under section 8002 or
8003(b) (except the amount calculated in excess of 1.0 under
section 8003(a)(2)(B)) for any fiscal year if the Secretary
determines, and certifies under subsection (c)(3)(A), that the
State has in effect a program of State aid that equalizes
expenditures for free public education among local educational
agencies in the State.''; and
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter proceeding subparagraph (A),
by striking ``or under'' and all that follows
through ``of 1994)''; and
[[Page 114 STAT. 1654A-387]]
(ii) in subparagraph (B), by striking ``or
under'' and all that follows through ``of 1994)'';
and
(B) in paragraph (2), by striking ``or under'' and
all that follows through ``of 1994)''.
SEC. 1813. FEDERAL ADMINISTRATION.
Section 8010(c) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7710(c)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(3) in paragraph (2) (as redesignated)--
(A) in subparagraph (D), by striking ``section
5(d)(2) of the Act of September 30, 1950 (Public Law
874, 81st Congress) (as such section was in effect on
the day preceding the date of enactment of the Improving
America's Schools Act of 1994) or''; and
(B) in subparagraph (E)--
(i) by striking ``1994'' and inserting
``1999'';
(ii) by striking ``(or such section's
predecessor authority)''; and
(iii) by striking ``paragraph (2)'' and
inserting ``paragraph (1)''.
SEC. 1814. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
(a) Administrative Hearings.--
(1) In general.--Section 8011(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7711) is amended by
adding at the end before the period the following: ``if the
local educational agency or State, as the case may be, submits
to the Secretary a request for the hearing not later than 60
days after the date of the action of the Secretary under this
title''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to an action of the Secretary under
title VIII of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7701 et seq.) initiated on or after the date of the
enactment of this Act.
(b) Judicial Review of Secretarial Action.--Section 8011(b)(1) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7711(b)(1)) is amended by striking ``60 days'' and inserting ``30
working days (as determined by the local educational agency or State)''.
SEC. 1815. FORGIVENESS OF OVERPAYMENTS.
The matter preceding paragraph (1) of section 8012 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7712) is amended by
striking ``under the Act'' and all that follows through ``of 1994)'' and
inserting ``under this title's predecessor authorities''.
SEC. 1816. DEFINITIONS.
Section 8013 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7713) is amended--
(1) in paragraph (5)--
(A) in subparagraph (A)(iii)--
(I) in subclause (I), by striking
``or'' after the semicolon; and
(II) by adding at the end the
following:
[[Page 114 STAT. 1654A-388]]
``(III) used for affordable housing
assisted under the Native American
Housing Assistance and Self-
Determination Act of 1996; or''; and
(B) in subparagraph (F)(i), by striking ``the
mutual'' and all that follows through ``1937'' and
inserting ``or authorized by the Native American Housing
Assistance and Self-Determination Act of 1996'';
(2) in paragraph (8)(B), by striking ``all States'' and
inserting ``the 50 States and the District of Columbia'';
(3) by redesignating paragraphs (11) and (12) as paragraphs
(12) and (13), respectively; and
(4) by inserting after paragraph (10) the following:
``(11) Modernization.--The term `modernization' means
repair, renovation, alteration, or construction, including--
``(A) the concurrent installation of equipment; and
``(B) the complete or partial replacement of an
existing school facility, but only if such replacement
is less expensive and more cost-effective than repair,
renovation, or alteration of the school facility.''.
SEC. 1817. AUTHORIZATION OF APPROPRIATIONS.
(a) Payments for Federal Acquisition of Real Property.--Section
8014(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7714(a)) is amended--
(1) by striking ``$16,750,000 for fiscal year 1995'' and
inserting ``$32,000,000 for fiscal year 2000''; and
(2) by striking ``four'' and inserting ``three''.
(b) Basic Payments.--Section 8014(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7714(b)) is amended--
(1) by striking ``subsections (b) and (f ) of section 8003''
and inserting ``section 8003(b)'';
(2) by striking ``$775,000,000 for fiscal year 1995'' and
inserting ``$809,400,000 for fiscal year 2000'';
(3) by striking ``four'' and inserting ``three''; and
(4) by striking ``, of which 6 percent'' and all that
follows and inserting a period.
(c) Payments for Children With Disabilities.--Section 8014(c) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714(c)) is
amended--
(1) by striking ``$45,000,000 for fiscal year 1995'' and
inserting ``$50,000,000 for fiscal year 2000''; and
(2) by striking ``four'' and inserting ``three''.
(d) Payments for Increases in Military Children.--Subsection (d) of
section 8014 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7714) is repealed.
(e) Construction.--Section 8014(e) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7714(e)) is amended--
(1) by striking ``$25,000,000 for fiscal year 1995'' and
inserting ``$10,052,000 for fiscal year 2000''; and
(2) by striking ``four'' and inserting ``three''.
(f ) Facilities Maintenance.--Section 8014(f ) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7714(f )) is amended--
(1) by striking ``$2,000,000 for fiscal year 1995'' and
inserting ``$5,000,000 for fiscal year 2000''; and
(2) by striking ``four'' and inserting ``three''.
[[Page 114 STAT. 1654A-389]]
(g) Additional Assistance for Certain Local Educational Agencies
Impacted by Federal Property Acquisition.--Section 8014(g) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714(g)) is
amended--
(1) in the heading, by striking ``Federal Property Local
Educational Agencies'' and inserting ``Local Educational
Agencies Impacted by Federal Property Acquisition''; and
(2) by striking ``such sums as are necessary beginning in
fiscal year 1998 and for each succeeding fiscal year'' and
inserting ``$1,500,000 for fiscal year 2000 and such sums as may
be necessary for each of the three succeeding fiscal years''.
SEC. 1818. EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect
on October 1, 2000, or the date of the enactment of this Act, whichever
occurs later.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2001''.
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.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama...................... Redstone Arsenal........ $39,000,000
Alaska....................... Fort Richardson......... $3,000,000
Arizona...................... Fort Huachuca........... $4,600,000
Arkansas..................... Pine Bluff Arsenal...... $2,750,000
California................... Fort Irwin.............. $31,000,000
Presidio, Monterey...... $2,600,000
Georgia...................... Fort Benning............ $15,800,000
Fort Gordon............. $2,600,000
Hawaii....................... Pohakoula Training $32,000,000
Facility.
Schofield Barracks...... $43,800,000
[[Page 114 STAT. 1654A-390]]
Kansas....................... Fort Riley.............. $22,000,000
Kentucky..................... Fort Knox............... $550,000
Maryland..................... Fort Meade.............. $19,000,000
Missouri..................... Fort Leonard Wood....... $65,400,000
New Jersey................... Picatinny Arsenal....... $5,600,000
New York..................... Fort Drum............... $18,000,000
North Carolina............... Fort Bragg.............. $222,200,000
Sunny Point Army $2,300,000
Terminal.
Ohio......................... Columbus................ $1,832,000
Pennsylvania................. Carlisle Barracks....... $10,500,000
New Cumberland Army $3,700,000
Depot.
Texas........................ Fort Bliss.............. $26,000,000
Fort Hood............... $36,492,000
Red River Army Depot.... $800,000
Virginia..................... Fort Evans.............. $4,450,000
----------------
Total:................ $615,974,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Germany...................... Area Support Group, $11,650,000
Bamberg.................
Area Support Group, $11,300,000
Darmstadt...............
Kaiserslautern........... $3,400,000
Mannheim................. $4,050,000
Korea........................ Camp Carroll............. $10,000,000
Camp Hovey............... $30,200,000
Camp Humphreys........... $14,200,000
Camp Page................ $19,500,000
Yongpyong................ $11,850,000
Puerto Rico.................. Fort Buchanan............ $3,700,000
---------------
Total:................. $119,850,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(3), the Secretary
of the Army may acquire real property and carry out military
construction projects for the installation and location, and in the
amount, set forth in the following table:
Army: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide........ Classified Location...... $11,000,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may construct or acquire
[[Page 114 STAT. 1654A-391]]
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Fort Wainwright.......... 75 Units..................... $24,000,000
Arizona............................... Fort Huachuca............ 110 Units.................... $16,224,000
California............................ Fort Irwin............... 24 Units..................... $4,700,000
Hawaii................................ Schofield Barracks....... 72 Units..................... $15,500,000
Kentucky.............................. Fort Campbell............ 184 Units.................... $27,800,000
Maryland.............................. Fort Detrick............. 48 Units..................... $5,600,000
Missouri.............................. Fort Leonard Wood........ 24 Units..................... $4,150,000
North Carolina........................ Fort Bragg............... 160 Units.................... $22,000,000
South Carolina........................ Fort Jackson............. 1 Unit....................... $250,000
Texas................................. Fort Bliss............... 64 Units..................... $10,200,000
Virginia.............................. Fort Lee................. 52 Units..................... $8,600,000
Korea................................. Camp Humphreys........... 60 Units..................... $21,800,000
Puerto Rico........................... Fort Buchanan............ 31 Units..................... $5,000,000
---------------
Total:................. ............................. $165,824,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(6)(A), the Secretary
of the Army may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed
$6,542,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(6)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $63,590,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2000, for military
construction, land acquisition, and military family housing functions of
the Department of the Army in the total amount of $1,925,344,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $419,374,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $119,850,000.
(3) For a military construction project at an unspecified
worldwide location authorized by section 2101(c), $11,000,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $20,700,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $109,306,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $235,956,000.
[[Page 114 STAT. 1654A-392]]
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $971,704,000.
(7) For the construction of phase 1C of a barracks complex,
Infantry Drive, Fort Riley, Kansas, authorized by section
2101(a) of the Military Construction Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2182), $10,000,000.
(8) For the construction of a railhead facility, Fort Hood,
Texas, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1999 (112 Stat.
2182), as amended by section 2106 of this Act, $9,800,000.
(9) For the construction of a chemical defense qualification
facility, Pine Bluff Arsenal, Arkansas, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat.
825), $2,592,000.
(10) For the construction of phase 1B of a barracks complex,
Wilson Street, Schofield Barracks, Hawaii, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2000 (113 Stat. 825), $22,400,000.
(11) For the construction of phase 2B of a barracks complex,
Tagaytay Street, Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2000 (113 Stat. 825), $3,108,000.
(12) For the construction of phase 2 of a tactical equipment
shop, Fort Sill, Oklahoma, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2000
(113 Stat. 825), $10,100,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variations authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $22,600,000 (the balance of the amount authorized under
section 2101(a) for the construction of a Basic Training Complex
at Fort Leonard Wood, Missouri);
(3) $10,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a Multipurpose Digital
Training Range at Fort Hood, Texas);
(4) $34,000,000 (the balance of the amount authorized under
section 2101(a) for construction of phase I of a barracks
complex, Longstreet Road, Fort Bragg, North Carolina);
(5) $104,000,000 (the balance of the amount authorized under
section 2101(a) for the construction phase I of a barracks
complex, Bunter Road, Fort Bragg, North Carolina);
(6) $6,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of a battle simulation
center at Fort Drum, New York); and
(7) $20,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of Saddle Access Road,
Pohakuloa Training Facility, Hawaii).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (12) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced
by--
[[Page 114 STAT. 1654A-393]]
(1) $635,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates
for military construction outside the United States; and
(2) $19,911,000 which represents the combination of savings
resulting from adjustments to foreign currency exchange rates
for military family housing construction and military family
housing support outside the United States.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2000 PROJECTS.
(a) Construction Projects Inside the United States.--The table in
section 2101(a) of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 825) is
amended--
(1) in the item relating to Fort Stewart, Georgia, by
striking ``$71,700,000'' in the amount column and inserting
``$25,700,000'';
(2) by striking the item relating to Fort Riley, Kansas;
(3) in the item relating to CONUS Various, by striking
``$36,400,000'' in the amount column and inserting
``$138,900,000''; and
(4) by striking the amount identified as the total in the
amount column and inserting ``$1,059,250,000''.
(b) Unspecified Minor Construction Projects.--Subsection (a)(3) of
section 2104 of the Military Construction Authorization Act for Fiscal
Year 2000 (113 Stat. 826) is amended by striking ``$9,500,000'' and
inserting ``$14,600,000''.
(c) Conforming Amendments.--Section 2104 of the Military
Construction Authorization Act for Fiscal Year 2000 is further amended--
(1) in the matter preceding subsection (a), by striking
``$2,353,231,000'' and inserting ``$2,358,331,000''; and
(2) in subsection (b), by striking paragraph (7) and
inserting the following new paragraph:
``(7) $102,500,000 (the balance of the amount authorized
under section 2101(a) for Army construction and land acquisition
projects covered under the item relating to CONUS Various, as
amended by section 2105 of the Military Construction
Authorization Act for Fiscal Year 2001).
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
1999 PROJECTS.
(a) Modification.--The table in section 2101 of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2182) is amended--
(1) in the item relating to Fort Hood, Texas, by striking
``$32,500,000'' in the amount column and inserting
``$45,300,000'';
(2) in the item relating to Fort Riley, Kansas, by striking
``$41,000,000'' in the amount column and inserting
``$44,500,000''; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$785,081,000''.
(b) Conforming Amendments.--Section 2104 of that Act (112 Stat.
2184) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``$2,098,713,000'' and inserting
``$2,111,513,000''; and
[[Page 114 STAT. 1654A-394]]
(B) in paragraph (1), by striking ``$609,781,000''
and inserting ``$622,581,000''; and
(2) in subsection (b)(7), by striking ``$24,500,000'' and
inserting ``$28,000,000''.
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1998
PROJECT.
(a) Modification.--The table in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1998 (division B of
Public Law 105-85; 111 Stat. 1967), as amended by section 2105(a) of the
Military Construction Authorization Act for Fiscal Year 1999 (division B
of Public Law 105-261; 112 Stat. 2185), is amended--
(1) in the item relating to Hunter Army Airfield, Fort
Stewart, Georgia, by striking ``$54,000,000'' in the amount
column and inserting ``$57,500,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$606,250,000''.
(b) Conforming Amendment.--Section 2104(b)(5) of the Military
Construction Authorization Act for Fiscal Year 1998 (111 Stat. 1969) is
amended by striking ``$42,500,000'' and inserting ``$46,000,000''.
SEC. 2108. AUTHORITY TO ACCEPT FUNDS FOR REALIGNMENT OF CERTAIN MILITARY
CONSTRUCTION PROJECT, FORT CAMPBELL, KENTUCKY.
(a) Authority To Accept Funds.--(1) The Secretary of the Army may
accept funds from the Federal Highway Administration or the Commonwealth
of Kentucky for purposes of funding all costs associated with the
realignment of the military construction project involving a rail
connector located at Fort Campbell, Kentucky, as authorized in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
1997 (division B of Public Law 104-201; 110 Stat. 2763).
(2) Any funds accepted under paragraph (1) shall be credited to the
account of the Department of the Army from which the costs of the
realignment of the military construction project described in that
paragraph are to be paid.
(b) Use of Funds.--(1) The Secretary may use funds accepted under
subsection (a) for any costs associated with the realignment of the
military construction project described in that subsection in addition
to any amounts authorized and appropriated for the military construction
project.
(2) For purposes of paragraph (1), the costs associated with the
realignment of the military construction project described in subsection
(a) include redesign costs, additional construction costs, additional
costs due to construction delays related to the realignment, and
additional real estate costs.
(3) Funds accepted under subsection (a) shall remain available for
use under paragraph (1) until expended.
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.
[[Page 114 STAT. 1654A-395]]
Sec.2205.Modification of authority to carry out fiscal year 1997 project
at Marine Corps Combat Development Command, Quantico,
Virginia.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Arizona...................... Marine Corps Air Station, $8,200,000
Yuma.
Navy Detachment, Camp $2,940,000
Navajo.
California................... Marine Corps Air-Ground $23,870,000
Combat Center,
Twentynine Palms........
Marine Corps Air Station, $13,740,000
Miramar.................
Marine Corps Base, Camp $8,100,000
Pendleton...............
Marine Corps Logistics $6,660,000
Base, Barstow...........
Naval Air Station, $12,050,000
Lemoore.
Naval Air Warfare Center $11,400,000
Weapons Division, Point
Mugu....................
Naval Aviation Depot, $4,340,000
North Island............
Naval Facility, San $8,860,000
Clemente Island.........
Naval Postgraduate $5,280,000
School, Monterey........
Naval Ship Weapons $10,200,000
Systems Engineering
Station, Port Hueneme...
Naval Station, San Diego. $53,200,000
Connecticut.................. Naval Submarine Base, New $3,100,000
London..................
CONUS Various................ CONUS Various............ $11,500,000
District of Columbia......... Marine Corps Barracks.... $24,597,000
Naval District, $2,450,000
Washington.
Naval Research $12,390,000
Laboratory, Washington..
Florida...................... Naval Air Station, $5,130,000
Whiting Field.
Naval Surface Warfare $9,960,000
Center Wastal Systems
Station, Panama City....
Naval Station, Mayport... $6,830,000
Naval Surface Warfare $3,570,000
Center Detachment, Ft.
Lauderdale..............
Georgia...................... Marine Corps Logistics $1,100,000
Base, Albany............
Navy Supply Corps School, $2,950,000
Athens..................
Trident Refit Facility, $5,200,000
Kings Bay.
Hawaii....................... Fleet Industrial Supply $12,000,000
Center, Pearl Harbor....
Naval Undersea Weapons $2,100,000
Station Detachment,
Lualualei...............
Marine Corps Air Station, $18,400,000
Kaneohe.................
Naval Station, Pearl $37,600,000
Harbor.
Illinois..................... Naval Training Center, $121,400,000
Great Lakes.............
Maine........................ Naval Air Station, $2,450,000
Brunswick.
Naval Shipyard, $4,960,000
Portsmouth.
Maryland..................... Naval Explosive Ordinance $6,430,000
Disposal Technology
Center, Indian Head.....
Naval Air Station, $8,240,000
Patuxent River..........
Mississippi.................. Naval Air Station, $4,700,000
Meridian.
Naval Oceanographic $6,950,000
Office, Stennis Space
Center..................
[[Page 114 STAT. 1654A-396]]
Nevada....................... Naval Air Station, Fallon $6,280,000
New Jersey................... Naval Weapons Station, $2,420,000
Earle.
North Carolina............... Marine Corps Air Station, $8,480,000
Cherry Point............
Marine Corps Air Station, $3,400,000
New River...............
Marine Corps Base, Camp $45,870,000
Lejeune.................
Naval Aviation Depot, $7,540,000
Cherry Point............
Pennsylvania................. Naval Surface Warfare $10,680,000
Center Shipyard Systems
Engineering Station,
Philadelphia............
Rhode Island................. Naval Undersea Warfare $4,150,000
Center Division, Newport
South Carolina............... Marine Corps Air Station, $3,140,000
Beaufort................
Marine Corps Recruit $2,660,000
Depot, Parris Island....
Texas........................ Naval Air Station, Corpus $4,850,000
Christi.................
Naval Air Station, $2,670,000
Kingsville.
Naval Station, Ingleside. $2,420,000
Virginia..................... AEGIS Combat Systems $3,300,000
Center, Wallops Island..
Marine Corps Combat $8,590,000
Development Command,
Quantico................
Naval Air Station, $31,450,000
Norfolk.
Naval Air Station, Oceana $5,250,000
Naval Amphibious Base, $2,830,000
Little Creek............
Naval Shipyard, Norfolk, $16,100,000
Portsmouth..............
Naval Station, Norfolk... $4,700,000
Naval Surface Warfare $30,700,000
Center, Dahlgren........
Washington................... Naval Shipyard, $100,740,000
Bremerton, Puget Sound..
Naval Station, Bremerton. $11,930,000
Naval Station, Everett... $5,500,000
Naval Submarine Base, $4,600,000
Bangor..................
Strategic Weapons $1,400,000
Facility Pacific,
Bremerton...............
---------------
Total:................. $811,497,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Bahrain...................... Administrative Support $19,400,000
Unit.
Italy........................ Naval Air Station, $32,969,000
Sigonella.
Naval Support Activity, $15,000,000
Naples.
Various Locations............ Host Nation $142,000
Infrastructure Support..
---------------
Total:................. $67,511,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
[[Page 114 STAT. 1654A-397]]
2204(a)(5)(A), the Secretary of the Navy may construct or acquire family
housing units (including land acquisition) at the installations, for the
purposes, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Marine Corps Air-Ground 79 Units................... $13,923,000
Combat Center, Twentynine
Palms.....................
Naval Air Station, Lemoore. 260 Units.................. $47,871,000
Hawaii.................................. Commander Naval Base, Pearl 112 Units.................. $23,654,000
Harbor....................
Commander Naval Base, Pearl 62 Units................... $14,237,000
Harbor....................
Commander Naval Base, Pearl 98 Units................... $22,230,000
Harbor....................
Marine Corps Air Station, 84 Units................... $21,910,000
Kaneohe Bay...............
Louisiana............................... Naval Air Station, New 34 Units................... $5,000,000
Orleans...................
Maine................................... Naval Air Station, 168 Units.................. $18,722,000
Brunswick.................
Mississippi............................. Naval Construction 157 Units.................. $20,700,000
Battalion Center, Gulfport
Washington.............................. Naval Air Station, Whidbey 98 Units................... $16,873,000
Island....................
-------------
Total:................... $205,120,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(5)(A), the Secretary
of the Navy may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of military family housing units in an amount not to exceed
$19,958,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $193,077,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2000, for military
construction, land acquisition, and military family housing functions of
the Department of the Navy in the total amount of $2,227,995,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $750,257,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $67,511,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $11,659,000.
[[Page 114 STAT. 1654A-398]]
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $73,335,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $418,155,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $882,638,000.
(6) For construction of a berthing wharf at Naval Air
Station, North Island, California, authorized by section 2201(a)
of the Military Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106-65; 113 Stat. 828),
$12,800,000.
(7) For construction of the Commander-in-Chief Headquarters,
Pacific Command, Camp H.M. Smith, Hawaii, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2000, $35,600,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $17,500,000 (the balance of the amount authorized under
section 2201(a) for repair of a pier at Naval Station, San
Diego, California);
(3) $24,460,000 (the balance of the amount authorized under
section 2201(a) for replacement of a pier at Naval Shipyard,
Bremerton, Puget Sound, Washington); and
(4) $10,280,000 (the balance of the amount authorized under
section 2201(a) for construction of an industrial skills center
at Naval Shipyard, Bremerton, Puget Sound, Washington).
(c) Adjustments.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (7) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced
by--
(1) $2,889,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates
for military construction outside the United States;
(2) $20,000,000, which represents the combination of project
savings in military construction resulting from favorable bids,
reduced overhead charges, and cancellations due to force
structure changes; and
(3) $1,071,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates
for military family housing support outside the United States.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1997
PROJECT AT MARINE CORPS COMBAT DEVELOPMENT COMMAND,
QUANTICO, VIRGINIA.
The Secretary of the Navy may carry out a military construction
project involving infrastructure development at the Marine Corps Combat
Development Command, Quantico, Virginia, in the amount
[[Page 114 STAT. 1654A-399]]
of $8,900,000, using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(1) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2769) for a military construction project involving a
sanitary landfill at that installation, as authorized by section 2201(a)
of that Act (110 Stat. 2767) and extended by section 2702 of the
Military Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106-65; 113 Stat. 842) and section 2703 of this Act.
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.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the following
table:
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama...................... Maxwell Air Force Base... $3,825,000
Alaska....................... Cape Romanzof............ $3,900,000
Eielson Air Force Base... $40,990,000
Elmendorf Air Force Base. $35,186,000
Arizona...................... Davis-Monthan Air Force $7,900,000
Base....................
Arkansas..................... Little Rock Air Force $18,319,000
Base....................
California................... Beale Air Force Base..... $10,099,000
Los Angeles Air Force $6,580,000
Base.
Vandenberg Air Force Base $4,650,000
Colorado..................... Buckley Air National $2,750,000
Guard Base..............
Peterson Air Force Base.. $22,396,000
Schriever Air Force Base. $8,450,000
United States Air Force $18,960,000
Academy.................
CONUS Classified............. Classified Location...... $1,810,000
District of Columbia......... Bolling Air Force Base... $4,520,000
Florida...................... Eglin Air Force Base..... $8,940,000
Eglin Auxiliary Field 9.. $7,960,000
Patrick Air Force Base... $12,970,000
Tyndall Air Force Base... $31,495,000
Georgia...................... Fort Stewart/Hunter Army $4,920,000
Air Field...............
Moody Air Force Base..... $11,318,000
Robins Air Force Base.... $15,857,000
Hawaii....................... Hickam Air Force Base.... $4,620,000
Idaho........................ Mountain Home Air Force $10,125,000
Base....................
Illinois..................... Scott Air Force Base..... $3,830,000
Kansas....................... McConnell Air Force Base. $11,864,000
Louisiana.................... Barksdale Air Force Base. 20,464,000
Massachusetts................ Hanscom Air Force Base... $12,000,000
Mississippi.................. Columbus Air Force Base.. $4,828,000
Keesler Air Force Base... $15,040,000
Missouri..................... Whiteman Air Force Base.. $12,050,000
Montana...................... Malmstrom Air Force Base. $11,179,000
[[Page 114 STAT. 1654A-400]]
New Jersey................... McGuire Air Force Base... $29,772,000
New Mexico................... Cannon Air Force Base.... $4,934,000
Holloman Air Force Base.. $18,380,000
Kirtland Air Force Base.. $7,350,000
North Carolina............... Pope Air Force Base...... $24,570,000
Seymour Johnson Air Force $7,141,000
Base....................
Ohio......................... Wright-Patterson Air $37,508,000
Force Base..............
Oklahoma..................... Altus Air Force Base..... $2,939,000
Tinker Air Force Base.... ,895,000
Vance Air Force Base..... $10,504,000
South Carolina............... Charleston Air Force Base $22,238,000
Shaw Air Force Base...... $8,102,000
South Dakota................. Ellsworth Air Force Base. $10,290,000
Texas........................ Dyess Air Force Base..... $24,988,000
Lackland Air Force Base.. $10,330,000
Laughlin Air Force Base.. $11,973,000
Sheppard Air Force Base.. $6,450,000
Utah......................... Hill Air Force Base...... $28,050,000
Virginia..................... Langley Air Force Base... $19,650,000
Washington................... Fairchild Air Force Base. $7,926,000
McChord Air Force Base... $10,250,000
Wyoming...................... F.E. Warren Air Force $25,720,000
Base.
---------------
Total:................. $745,755,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Diego Garcia................. Diego Garcia............. $5,475,000
Italy........................ Aviano Air Base.......... $8,000,000
Korea........................ Kunsan Air Base.......... $6,400,000
Osan Air Base............ $21,948,000
Spain........................ Naval Station, Rota...... $5,052,000
Turkey....................... Incirlik Air Base........ $1,000,000
---------------
Total:................. $47,875,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California............................ Edwards Air Force Base... 57 Units..................... $9,870,000
[[Page 114 STAT. 1654A-401]]
Travis Air Force Base.... 64 Units..................... $9,870,000
District of Columbia.................. Bolling Air Force Base... 136 Units.................... $17,137,000
Idaho................................. Mountain Home Air Force 119 Units.................... $10,598,000
Base....................
Nevada................................ Nellis Air Force Base.... 26 Units..................... $5,000,000
North Dakota.......................... Cavalier Air Force 2 Units...................... $443,000
Station.................
Minot Air Force Base..... 134 Units.................... $19,097,000
---------------
Total:..................... $72,015,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(5)(A), the Secretary
of the Air Force may carry out architectural and engineering services
and construction design activities with respect to the construction or
improvement of military family housing units in an amount not to exceed
$12,760,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$174,046,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2000, for military
construction, land acquisition, and military family housing functions of
the Department of the Air Force in the total amount of $1,943,069,000,
as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $736,355,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $47,875,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $11,350,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $74,628,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $258,821,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $826,271,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
[[Page 114 STAT. 1654A-402]]
(2) $9,400,000 (the balance of the amount authorized under
section 2301(a) for the construction of an air freight terminal
and base supply complex at McGuire Air Force Base, New Jersey).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (5) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
$12,231,000, which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military family
housing construction and military family housing support outside the
United States.
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.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------
Chemical Demilitarization.... Aberdeen Proving Ground.. $3,100,000
Defense Education Activity... Camp Lejeune, North $5,914,000
Carolina................
Laurel Bay, South $804,000
Carolina................
Defense Logistics Agency..... Defense Distribution $17,700,000
Depot Susquehanna, New
Cumberland, Pennsylvania
Defense Fuel Support $5,700,000
Point, Cherry Point,
North Carolina..........
Defense Fuel Support $16,956,000
Point, MacDill Air Force
Base, Florida...........
Defense Fuel Support $11,000,000
Point, McConnell Air
Force Base, Kansas......
Defense Fuel Support $5,000,000
Point, Naval Air
Station, Fallon, Nevada.
Defense Fuel Support $5,900,000
Point, North Island,
California..............
Defense Fuel Support $2,000,000
Point, Oceana Naval Air
Station, Virginia.......
Defense Fuel Support $8,300,000
Point, Patuxent River,
Maryland................
Defense Fuel Support $2,200,000
Point, Twentynine Palms,
California..............
Defense Supply Center, $4,500,000
Richmond, Virginia......
National Security Agency..... Fort Meade, Maryland..... $4,228,000
Special Operations Command... Eglin Auxiliary Field 9, $23,204,000
Florida.................
[[Page 114 STAT. 1654A-403]]
Fleet Combat Training $5,500,000
Center, Dam Neck,
Virginia................
Fort Bragg, North $8,600,000
Carolina................
Fort Campbell, Kentucky.. $16,300,000
Naval Air Station, North $1,350,000
Island, California......
Naval Air Station, $3,400,000
Oceana, Virginia........
Naval Amphibious Base, $4,300,000
Coronado, California....
Naval Amphibious Base, $5,400,000
Little Creek, Virginia..
Pearl Harbor, Hawaii..... $9,900,000
TRICARE Management Activity.. Edwards Air Force Base, $17,900,000
California..............
Marine Corps Base, Camp $14,150,000
Pendleton, California...
Eglin Air Force Base, $37,600,000
Florida.................
Fort Drum, New York...... $1,400,000
Patrick Air Force Base, $2,700,000
Florida.................
Tyndall Air Force Base, $7,700,000
Florida.................
William Beaumont Medical $4,200,000
Center, Texas...........
---------------
Total:................. $256,906,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------
Defense Education Activity... Hanau, Germany........... $2,030,000
Hohenfels, Germany....... $13,774,000
Osan, Korea.............. $892,000
Royal Air Force, $1,800,000
Feltwell, United Kingdom
Royal Air Force, $5,650,000
Lakenheath, United
Kingdom.................
Schweinfurt, Germany..... $1,750,000
Seoul, Korea............. $2,451,000
Sigonella, Italy......... $3,450,000
Taegu, Korea............. $806,000
Wuerzburg, Germany....... $2,635,000
Defense Finance and Kleber Kaserne, Germany.. $7,500,000
Accounting Service..........
Defense Logistics Agency..... Defense Fuel Support $36,000,000
Point, Andersen Air
Force Base, Guam........
Defense Fuel Support $22,400,000
Point, Marine Corps Air
Station, Iwakuni, Japan.
Defense Fuel Support $26,400,000
Point, Misawa Air Base,
Japan...................
Defense Fuel Support $10,000,000
Point, Royal Air Force,
Mildenhall, United
Kingdom.................
[[Page 114 STAT. 1654A-404]]
Defense Fuel Support $16,300,000
Point, Sigonella, Italy.
Defense Threat Reduction Darmstadt, Germany....... $2,450,000
Agency......................
Special Operations Command... Roosevelt Roads, Puerto $1,241,000
Rico....................
Taegu, Korea............. $1,450,000
TRICARE Management Agency.... Kitzingen, Germany....... $1,400,000
Wiesbaden Air Base, $7,187,000
Germany.................
---------------
Total:................. $167,566,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2403(a)(3), the Secretary
of Defense may acquire real property and carry out military construction
projects for the installations and locations, and in the amounts, set
forth in the following table:
Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide........ Unspecified Worldwide.... $451,135,000
-----------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(7), the Secretary of Defense may carry
out energy conservation projects under section 2865 of title 10, United
States Code, in the amount of $15,000,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Subject to subsection (c), funds are hereby
authorized to be appropriated for fiscal years beginning after September
30, 2000, for military construction, land acquisition, and military
family housing functions of the Department of Defense (other than the
military departments), in the total amount of $1,883,902,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $256,906,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $167,566,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2401(c), $85,095,000.
(4) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $17,390,000.
(5) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$6,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $77,505,000.
(7) For energy conservation projects authorized by section
2402 of this Act, $15,000,000.
(8) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
[[Page 114 STAT. 1654A-405]]
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note), $1,024,369,000.
(9) For military family housing functions, for support of
military housing (including functions described in section 2833
of title 10, United States Code), $44,886,000 of which not more
than $38,478,000 may be obligated or expended for the leasing of
military family housing units worldwide.
(10) For the construction of an ammunition demilitarization
facility, Pine Bluff Arsenal, Arkansas, authorized by section
2401(a) of the Military Construction Authorization Act for
Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat.
3040), as amended by section 2407 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public Law
104-106; 110 Stat. 539), section 2408 of the Military
Construction Authorization Act for Fiscal Year 1998 (division B
of Public Law 105-85; 111 Stat. 1982), and section 2406 of the
Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2197), $43,600,000.
(11) For the construction of phase 6 of an ammunition
demilitarization facility, Umatilla Army Depot, Oregon,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1995, as amended by section
2407 of the Military Construction Authorization Act for Fiscal
Year 1996, section 2408 of the Military Construction
Authorization Act for Fiscal Year 1998, and section 2406 of the
Military Construction Authorization Act for Fiscal Year 1999,
$9,400,000.
(12) For the construction of phase 2 of an ammunition
demilitarization facility, Pueblo Army Depot, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law
104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839), $10,700,000.
(13) For the construction of phase 3 of an ammunition
demilitarization facility, Newport Army Depot, Indiana,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (112 Stat. 2193),
$54,400,000.
(14) For the construction of phase 3 of an ammunition
demilitarization facility, Aberdeen Proving Ground, Maryland,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999, $45,700,000.
(15) For construction of a replacement hospital at Fort
Wainwright, Alaska, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2000
(113 Stat. 836), $44,000,000.
(16) For the construction of the Ammunition Demilitarization
Support Phase 2, Blue Grass Army Depot, Kentucky, authorized by
section 2401(a) of the Military Construction Act for Fiscal Year
2000, $8,500,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variations authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed--
[[Page 114 STAT. 1654A-406]]
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $366,040,000 (the balance of the amount authorized under
section 2401(c) for construction of National Missile Defense
Initial Deployment Facilities, Unspecified Worldwide locations).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (16) of subsection (a) is the sum of
the amounts authorized to be appropriated by such paragraphs, reduced
by--
(1) $7,115,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates
for military construction outside the United States; and
(2) $20,000,000, which represents the combination of project
savings in military construction for chemical demilitarization
resulting from favorable bids, reduced overhead charges, and
cancellations due to force structure changes.
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
1990 PROJECT.
(a) Modification.--Section 2401(a) of the Military Construction
Authorization Act for Fiscal Years 1990 and 1991 (division B of Public
Law 101-189), as amended by section 2407 of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public Law 105-
261; 112 Stat. 2197), is amended in the item relating to Portsmouth
Naval Hospital, Virginia, by striking ``$351,354,000'' and inserting
``$359,854,000''.
(b) Conforming Amendment.--Section 2405(b)(2) of the Military
Construction Authorization Act for Fiscal Years 1990 and 1991, as
amended by section 2407 of the Military Construction Authorization Act
for Fiscal Year 1999, is amended by striking ``$342,854,000'' and
inserting ``$351,354,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec.2501.Authorized NATO construction and land acquisition projects.
Sec.2502.Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided in
section 2806 of title 10, United States Code, in an amount not to exceed
the sum of the amount authorized to be appropriated for this purpose in
section 2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed by the
United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2000, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects
[[Page 114 STAT. 1654A-407]]
for the North Atlantic Treaty Organization Security Investment program
authorized by section 2501, in the amount of $172,000,000.
TITLE XXVI--GUARD AND RESERVE 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.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 2000, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 1803
of title 10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $266,531,000; and
(B) for the Army Reserve, $108,738,000.
(2) For the Department of the Navy, for the Naval and Marine
Corps Reserve, $62,073,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$194,929,000; and
(B) for the Air Force Reserve, $36,591,000.
SEC. 2602. AUTHORITY TO CONTRIBUTE TO CONSTRUCTION OF AIRPORT TOWER,
CHEYENNE AIRPORT, CHEYENNE, WYOMING.
The Secretary of the Air Force may use up to $1,450,000 of the
amounts appropriated pursuant to the authorization of appropriations in
section 2601(3)(A) to make a contribution to the Cheyenne Airport
Authority, consistent with applicable agreements, to the costs of
construction of a new airport tower at 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.
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2003; or
[[Page 114 STAT. 1654A-408]]
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2004.
(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have been
obligated before the later of--
(1) October 1, 2003; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2004 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization Security
Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1998
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1998 (division B of
Public Law 105-85; 111 Stat. 1984), authorizations set forth in the
tables in subsection (b), as provided in section 2102, 2202, or 2302 of
that Act, shall remain in effect until October 1, 2001, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2002, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland.............................. Fort Meade............... Family Housing Construction $7,900,000
(56 units)..................
Texas................................. Fort Hood................ Family Housing Construction $18,800,000
(130 units).................
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Naval Complex, San Diego. Replacement Family Housing $13,500,000
Construction (94 units).....
California............................ Marine Corps Air Station, Family Housing Construction $28,881,000
Miramar................. (166 units).................
California............................ Marine Corps Air-Ground Replacement Family Housing $23,891,000
Combat Center, Construction (132 units)....
Twentynine Palms........
[[Page 114 STAT. 1654A-409]]
Louisiana............................. Naval Complex, New Replacement Family Housing $11,930,000
Orleans................. Construction (100 units)....
Texas................................. Naval Air Station, Corpus Family Housing Construction $22,250,000
Christi................. (212 units).................
Washington............................ Naval Air Station, Replacement Family Housing $16,000,000
Whidbey Island.......... Construction (102 units)....
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Georgia............................... Robins Air Force Base.... Replace Family Housing (60 $6,800,000
units)......................
Idaho................................. Mountain Home Air Force Replace Family Housing (60 $11,032,000
Base.................... units)......................
New Mexico............................ Kirtland Air Force Base.. Replace Family Housing (180 $20,900,000
units)......................
Texas................................. Dyess Air Force Base..... Construct Family Housing (70 $10,503,000
units)......................
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1997
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2782), authorizations set forth in the
tables in subsection (b), as provided in section 2201, 2202, or 2601 of
that Act and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65;
113 Stat. 842), shall remain in effect until October 1, 2001, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2002, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
[[Page 114 STAT. 1654A-410]]
Navy: Extension of 1997 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Navy Station, Mayport.... Family Housing Construction $10,000,000
(100 units).................
North Carolina........................ Marine Corps Base, Camp Family Housing Construction $10,110,000
Lejuene................. (94 units)..................
South Carolina........................ Marine Corps Air Station, Family Housing Construction $14,000,000
Beaufort................ (140 units).................
Texas................................. Naval Complex, Corpus Family Housing Replacement $11,675,000
Christi................. (104 units).................
Naval Air Station, Family Housing Replacement $7,550,000
Kingsville.............. (48 units)..................
Virginia.............................. Marine Corps Combat Sanitary landfill............ $8,900,000
Development Command,
Quantico................
Washington............................ Naval Station, Everett... Family Housing Construction $15,015,000
(100 units).................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Camp Shelby.............. Multipurpose Range Complex $5,000,000
(Phase II)..................
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on
the later of--
(1) October 1, 2000; or
(2) the date of the enactment of this Act.
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.
[[Page 114 STAT. 1654A-411]]
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.
[[Page 114 STAT. 1654A-412]]
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.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. JOINT USE MILITARY CONSTRUCTION PROJECTS.
(a) Sense of Congress on Joint Use Projects.--It is the sense of
Congress that when the Secretary of Defense assists the President in
preparing the budget for the Department of Defense for a fiscal year for
submission to Congress under section 1105 of title 31, United States
Code, the Secretary of Defense should--
(1) seek to identify military construction projects that are
suitable as joint use military construction projects;
(2) specify in the budget for the fiscal year the military
construction projects that are identified under paragraph (1);
and
(3) give priority in the budget for the fiscal year to the
military construction projects specified under paragraph (2).
(b) Annual Evaluation of Joint Use Projects.--(1) Subchapter I of
chapter 169 of title 10, United States Code, is amended by adding at the
end the following new section:
``Sec. 2815. Joint use military construction projects: annual evaluation
``(a) Joint Use Military Construction Project Defined.--In this
section, the term `joint use military construction project' means a
military construction project for a facility intended to be used by--
``(1) both the active and a reserve component of a single
armed force; or
``(2) two or more components (whether active or reserve
components) of the armed forces.
``(b) Annual Evaluation.--In the case of the budget submitted under
section 1105 of title 31 for fiscal year 2003 and each fiscal year
thereafter, the Secretary of Defense shall include in the budget
justification materials submitted to Congress in support of the budget a
certification by each Secretary concerned that, in evaluating military
construction projects for inclusion in the budget for that fiscal year,
the Secretary concerned evaluated the feasibility of carrying out the
projects as joint use military construction projects.''.
(2) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``2815. Joint use military construction projects: annual evaluation.''.
[[Page 114 STAT. 1654A-413]]
SEC. 2802. EXCLUSION OF CERTAIN COSTS FROM DETERMINATION OF
APPLICABILITY OF LIMITATION ON USE OF FUNDS FOR IMPROVEMENT
OF FAMILY HOUSING.
Section 2825(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In determining the applicability of the limitation contained
in paragraph (1), the Secretary concerned shall not include as part of
the cost of the improvement of the unit or units concerned the
following:
``(A) The cost of the installation of communications,
security, or antiterrorism equipment required by an occupant of
the unit or units to perform duties assigned to the occupant as
a member of the armed forces.
``(B) The cost of the maintenance or repair of equipment
described in subparagraph (A) installed for the purpose
specified in such subparagraph.''.
SEC. 2803. REVISION OF SPACE LIMITATIONS FOR MILITARY FAMILY HOUSING.
(a) In General.--(1) Section 2826 of title 10, United States Code,
is amended to read as follows:
``Sec. 2826. Military family housing: local comparability of room
patterns and floor areas
``(a) Local Comparability.--In the construction, acquisition, and
improvement of military family housing, the Secretary concerned shall
ensure that the room patterns and floor areas of military family housing
in a particular locality (as designated by the Secretary concerned for
purposes of this section) are similar to room patterns and floor areas
of similar housing in the private sector in that locality.
``(b) Requests for Authority for Military Family Housing.--(1) In
submitting to Congress a request for authority to carry out the
construction, acquisition, or improvement of military family housing,
the Secretary concerned shall include in the request information on the
net floor area of each unit of military family housing to be
constructed, acquired, or improved under the authority.
``(2) In this subsection, the term `net floor area', in the case of
a military family housing unit, means the total number of square feet of
the floor space inside the exterior walls of the unit, excluding the
floor area of an unfinished basement, an unfinished attic, a utility
space, a garage, a carport, an open or insect-screened porch, a
stairwell, and any space used for a solar-energy system.''.
(2) The table of sections at the beginning of subchapter II of
chapter 169 of that title is amended by striking the item relating to
section 2826 and inserting the following new item:
``2826. Military family housing: local comparability of room patterns
and floor areas.''.
(b) Effective Date.--(1) The amendments made by subsection (a) shall
take effect on October 1, 2001, but the Secretary of Defense shall
anticipate the requirements of section 2826 of title 10, United States
Code, as added by such subsection, when preparing the
[[Page 114 STAT. 1654A-414]]
budget request for new construction, acquisition, or improvement of
military family housing for fiscal year 2002.
(2) Section 2826 of title 10, United States Code, as in effect on
September 30, 2001, shall continue to apply with respect to the
construction, acquisition, or improvement of military family housing
commenced on or before that date.
SEC. 2804. MODIFICATION OF LEASE AUTHORITY FOR HIGH-COST MILITARY FAMILY
HOUSING.
(a) Leases for United States Southern Command.--Paragraph (4) of
section 2828(b) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) by striking the second sentence; and
(3) by adding at the end the following new subparagraphs:
``(B) The amount of all leases under this paragraph may not exceed
$280,000 per year, as adjusted from time to time under paragraph (6).
``(C) The term of any lease under this paragraph may not exceed 5
years.''.
(b) Annual Adjustment of Maximum Lease Amounts.--Such section is
further amended by striking paragraph (5) and inserting the following
new paragraphs:
``(5) At the beginning of each fiscal year, the Secretary concerned
shall adjust the maximum lease amount provided for leases under
paragraphs (2) and (3) for the previous fiscal year by the percentage
(if any) by which the national average monthly cost of housing (as
calculated for purposes of determining rates of basic allowance for
housing under section 403 of title 37) for the preceding fiscal year
exceeds the national average monthly cost of housing (as so calculated)
for the fiscal year before such preceding fiscal year.
``(6) At the beginning of each fiscal year, the Secretary of the
Army shall adjust the maximum aggregate amount for leases under
paragraph (4) for the previous fiscal year by the percentage (if any) by
which the annual average cost of housing for the Miami Military Housing
Area (as calculated for purposes of determining rates of basic allowance
for housing under section 403 of title 37) for the preceding fiscal year
exceeds the annual average cost of housing for the Miami Military
Housing Area (as so calculated) for the fiscal year before such
preceding fiscal year.''.
(c) Conforming Amendments.--Such section is further amended--
(1) in paragraph (2), by inserting after ``per year'' the
following: ``, as adjusted from time to under paragraph (5)'';
and
(2) in paragraph (3), by striking ``$12,000 per unit per
year but does not exceed $14,000 per unit per year'' and
inserting ``the maximum amount per unit per year in effect under
paragraph (2) but does not exceed $14,000 per unit per year, as
adjusted from time to time under paragraph (5)''.
SEC. 2805. PROVISION OF UTILITIES AND SERVICES UNDER ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) Authority To Furnish on Reimbursable Basis.--Subchapter IV of
chapter 169 of title 10, United States Code, is amended by inserting
after section 2872 the following new section:
[[Page 114 STAT. 1654A-415]]
``Sec. 2872a. Utilities and services
``(a) Authority To Furnish.--The Secretary concerned may furnish
utilities and services referred to in subsection (b) in connection with
any military housing acquired or constructed pursuant to the exercise of
any authority or combination of authorities under this subchapter if the
military housing is located on a military installation.
``(b) Covered Utilities and Services.--The utilities and services
that may be furnished under subsection (a) are the following:
``(1) Electric power.
``(2) Steam.
``(3) Compressed air.
``(4) Water.
``(5) Sewage and garbage disposal.
``(6) Natural gas.
``(7) Pest control.
``(8) Snow and ice removal.
``(9) Mechanical refrigeration.
``(10) Telecommunications service.
``(c) Reimbursement.--(1) The Secretary concerned shall be
reimbursed for any utilities or services furnished under subsection (a).
``(2) The amount of any cash payment received under paragraph (1)
shall be credited to the appropriation or working capital account from
which the cost of furnishing the utilities or services concerned was
paid. Amounts so credited to an appropriation or account shall be merged
with funds in such appropriation or account, and shall be available to
the same extent, and subject to the same terms and conditions, as such
funds.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2872 the following new item:
``2872a. Utilities and services.''.
SEC. 2806. EXTENSION OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
Section 2885 of title 10, United States Code, is amended by striking
``February 10, 2001'' and inserting ``December 31, 2004''.
SEC. 2807. EXPANSION OF DEFINITION OF ARMORY TO INCLUDE READINESS
CENTERS.
(a) Definition.--Section 18232(3) of title 10, United States Code,
is amended--
(1) in the first sentence, by striking ``The term `armory'
means'' and inserting ``The terms `armory' and `readiness
center' mean''; and
(2) in the second sentence, by striking ``It includes'' and
inserting ``Such terms include''.
(b) Conforming Amendments.--(1) Section 18232(2) of such title is
amended by striking ``armory or other structure'' and inserting
``armory, readiness center, or other structure''.
(2) Section 18236(b) of such title by inserting ``or readiness
center'' after ``armory''.
[[Page 114 STAT. 1654A-416]]
Subtitle B--Real Property and Facilities Administration
SEC. 2811. INCREASE IN THRESHOLD FOR NOTICE AND WAIT REQUIREMENTS FOR
REAL PROPERTY TRANSACTIONS.
(a) Increased Threshold.--Section 2662 of title 10, United States
Code, is amended by striking ``$200,000'' each place it appears and
inserting ``$500,000''.
(b) Reference to Simplified Acquisition Threshold.--Subsection (b)
of such section is amended by striking ``under section 2304(g) of this
title'' and inserting ``specified in section 4(11) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(11)),''.
SEC. 2812. ENHANCEMENT OF AUTHORITY OF MILITARY DEPARTMENTS TO LEASE
NON-EXCESS PROPERTY.
(a) Property Available for Lease.--Subsection (a) of section 2667 of
title 10, United States Code, is amended--
(1) by inserting ``and'' at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Acceptance of In-Kind Consideration.--Such section is further
amended--
(1) in subsection (b)(5)--
(A) by striking ``improvement, maintenance,
protection, repair, or restoration,'' and inserting
``alteration, repair, or improvement,''; and
(B) by striking ``, or of the entire unit or
installation where a substantial part of it is
leased,'';
(2) by transferring subsection (c) to the end of the section
and redesignating such subsection, as so transferred, as
subsection (i);
(3) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) In addition to any in-kind consideration accepted under
subsection (b)(5), in-kind consideration accepted with respect to a
lease under this section may include the following:
``(A) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities under the control of the
Secretary concerned.
``(B) Construction of new facilities for the Secretary
concerned.
``(C) Provision of facilities for use by the Secretary
concerned.
``(D) Facilities operation support for the Secretary
concerned.
``(E) Provision of such other services relating to
activities that will occur on the leased property as the
Secretary concerned considers appropriate.
``(2) In-kind consideration under paragraph (1) may be accepted at
any property or facilities under the control of the Secretary concerned
that are selected for that purpose by the Secretary concerned.
``(3) Sections 2662 and 2802 of this title shall not apply to any
new facilities whose construction is accepted as in-kind consideration
under this subsection.
[[Page 114 STAT. 1654A-417]]
``(4) In the case of a lease for which all or part of the
consideration proposed to be accepted by the Secretary concerned under
this subsection is in-kind consideration with a value in excess of
$500,000, the Secretary concerned may not enter into the lease until 30
days after the date on which a report on the facts of the lease is
submitted to the congressional defense committees.''; and
(4) in subsection (f )--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4).
(c) Use of Proceeds.--Subsection (d)(1) of such section is amended
to read as follows:
``(d)(1)(A) The Secretary of a military department shall deposit in
a special account in the Treasury established for such military
department the following:
``(i) All money rentals received pursuant to leases entered
into by that Secretary under this section.
``(ii) All proceeds received pursuant to the granting of
easements by that Secretary under sections 2668 and 2669 of this
title.
``(iii) All proceeds received by that Secretary from
authorizing the temporary use of other property under the
control of that military department.
``(B) Subparagraph (A) does not apply to the following proceeds:
``(i) Amounts paid for utilities and services furnished
lessees by the Secretary of a military department pursuant to
leases entered into under this section.
``(ii) Money rentals referred to in paragraph (4) or (5).
``(C) Subject to subparagraphs (D) and (E), the proceeds deposited
in the special account of a military department pursuant to subparagraph
(A) shall be available to the Secretary of that military department, in
such amounts as provided in appropriation Acts, for the following:
``(i) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities.
``(ii) Construction or acquisition of new facilities.
``(iii) Lease of facilities.
``(iv) Facilities operation support.
``(D) At least 50 percent of the proceeds deposited in the special
account of a military department under subparagraph (A) shall be
available for activities described in subparagraph (C) only at the
military installation where the proceeds were derived.
``(E) The Secretary concerned may not expend under subparagraph (C)
an amount in excess of $500,000 at a single installation until 30 days
after the date on which a report on the facts of the proposed
expenditure is submitted to the congressional defense committees.''.
(d) Congressional Notification.--Subsection (d)(3) of such section
is amended--
(1) in the matter preceding subparagraph (A), by striking
``As part'' and all that follows through ``Secretary of
Defense'' and inserting ``Not later than March 15 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report which''; and
(2) in subparagraph (A), by striking ``request'' and
inserting ``report''.
[[Page 114 STAT. 1654A-418]]
(e) Definitions.--Subsection (h) of such section is amended to read
as follows:
``(h) In this section:
``(1) The term `congressional defense committees' means:
``(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.
``(2) The term `base closure law' means the following:
``(A) Section 2687 of this title.
``(B) The Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
``(C) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
``(3) The term `military installation' has the meaning given
such term in section 2687(e)(1) of this title.''.
(f ) Conforming Amendments.--(1) Section 2668 of such title is
amended by adding at the end the following new subsection:
``(e) Subsection (d) of section 2667 of this title shall apply with
respect to proceeds received by the Secretary of a military department
in connection with an easement granted under this section in the same
manner as such subsection applies to money rentals received pursuant to
leases entered into by that Secretary under such section.''.
(2) Section 2669 of such title is amended by adding at the end the
following new subsection:
``(e) Subsection (d) of section 2667 of this title shall apply with
respect to proceeds received by the Secretary of a military department
in connection with an easement granted under this section in the same
manner as such subsection applies to money rentals received pursuant to
leases entered into by that Secretary under such section.''.
SEC. 2813. CONVEYANCE AUTHORITY REGARDING UTILITY SYSTEMS OF MILITARY
DEPARTMENTS.
(a) Selection of Conveyee.--Subsection (b) of section 2688 of title
10, United States Code, is amended--
(1) by inserting ``(1)'' before ``If more than one''; and
(2) by adding at the end the following new paragraphs:
``(2) Notwithstanding paragraph (1), the Secretary concerned may use
procedures other than competitive procedures, but only in accordance
with subsections (c) through (f ) of section 2304 of this title, to
select the conveyee of a utility system (or part of a utility system)
under subsection (a).
``(3) With respect to the solicitation process used in connection
with the conveyance of a utility system (or part of a utility system)
under subsection (a), the Secretary concerned shall ensure that the
process is conducted in a manner consistent with the laws and
regulations of the State in which the utility system is located to the
extent necessary to ensure that all interested regulated and unregulated
utility companies and other interested entities receive an opportunity
to acquire and operate the utility system to be conveyed.''.
[[Page 114 STAT. 1654A-419]]
(b) Applicability of Regulatory Requirements.--Subsection (f ) of
such section is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary concerned shall require in any contract for the
conveyance of a utility system (or part of a utility system) under
subsection (a) that the conveyee manage and operate the utility system
in a manner consistent with applicable Federal and State regulations
pertaining to health, safety, fire, and environmental requirements.''.
SEC. 2814. PERMANENT CONVEYANCE AUTHORITY TO IMPROVE PROPERTY
MANAGEMENT.
Section 203(p)(1) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484(p)(1)) is amended by striking
subparagraph (B) and inserting the following new subparagraph:
``(B) The Administrator may exercise the authority under
subparagraph (A) with respect to such surplus real and related property
needed by the transferee or grantee for--
``(i) law enforcement purposes, as determined by the
Attorney General; or
``(ii) emergency management response purposes, including
fire and rescue services, as determined by the Director of the
Federal Emergency Management Agency.''.
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.
(a) 1990 Law.--Section 2905(b)(4)(B)(i) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510;
10 U.S.C. 2687 note) is amended by striking ``the transfer'' and
inserting ``the initial transfer of property''.
(b) 1988 Law.--Section 204(b)(4)(B)(i) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note) is amended by striking ``the transfer'' and inserting
``the initial transfer of property''.
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. TRANSFER OF JURISDICTION, ROCK ISLAND ARSENAL, ILLINOIS.
(a) Transfer Authorized.--The Secretary of the Army may transfer,
without reimbursement, to the administrative jurisdiction of the
Secretary of Veterans Affairs a parcel of real property, including any
improvements thereon, consisting of approximately 23 acres and
comprising a portion of the Rock Island Arsenal, Illinois.
(b) Use of Land.--The Secretary of Veterans Affairs shall include
the real property transferred under subsection (a) in the Rock Island
National Cemetery and use the transferred property
[[Page 114 STAT. 1654A-420]]
as a national cemetery under chapter 24 of title 38, United States Code.
(c) Legal Description.--The exact acreage and legal description of
the real property to be transferred under this section shall be
determined by a survey satisfactory to the Secretary of the Army. The
cost of the survey shall be borne by the Secretary of Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
transfer under this section as the Secretary of the Army considers
appropriate to protect the interests of the United States.
SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER, GALESBURG, ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to Knox County, Illinois (in this section
referred to as the ``County''), all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, in Galesburg, Illinois, consisting of
approximately 4.65 acres and containing an Army Reserve Center for the
purpose of permitting the County to use the parcel for municipal office
space.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the County.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2833. LAND CONVEYANCE, CHARLES MELVIN PRICE SUPPORT CENTER,
ILLINOIS.
(a) Conveyance Authorized.--(1) The Secretary of the Army may convey
to the Tri-City Regional Port District of Granite City, Illinois (in
this section referred to as the ``Port District''), all right, title,
and interest of the United States in and to a parcel of real property,
including any improvements thereon, consisting of approximately 752
acres and known as the Charles Melvin Price Support Center, for the
purpose of permitting the Port District to use the parcel for
development of a port facility and for other public purposes.
(2) The property to be conveyed under paragraph (1) shall include
158 units of military family housing at the Charles Melvin Price Support
Center for the purpose of permitting the Port District to use the
housing to provide affordable housing, but only if the Port District
agrees to provide members of the Armed Forces first priority in leasing
the housing at a rental rate not to exceed the member's basic allowance
for housing.
(3) The Secretary of the Army may include as part of the conveyance
under paragraph (1) personal property of the Army at the Charles Melvin
Price Support Center that the Secretary of Transportation recommends is
appropriate for the development or operation of the port facility and
the Secretary of the Army agrees is excess to the needs of the Army.
[[Page 114 STAT. 1654A-421]]
(b) Interim Lease.--Until such time as the real property described
in subsection (a) is conveyed by deed, the Secretary of the Army may
lease the property to the Port District.
(c) Consideration.--(1) The conveyance under subsection (a) shall be
made without consideration as a public benefit conveyance for port
development if the Secretary of the Army determines that the Port
District satisfies the criteria specified in section 203(q) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484(q)) and regulations prescribed to implement such section. If the
Secretary determines that the Port District fails to qualify for a
public benefit conveyance, but still desires to acquire the property,
the Port District shall pay to the United States an amount equal to the
fair market value of the property to be conveyed. The fair market value
of the property shall be determined by the Secretary of the Army.
(2) The Secretary of the Army may accept as consideration for a
lease of the property under subsection (b) an amount that is less than
fair market value if the Secretary determines that the public interest
will be served as a result of the lease.
(d) Army Reserve Activities.--(1) Notwithstanding the total acreage
of the parcel authorized for conveyance under subsection (a), the
Secretary of the Army may retain up to 50 acres of the parcel for use by
the Army Reserve. The acreage selected for retention shall be mutually
agreeable to the Secretary and the Port District.
(2) At such time as the Secretary of the Army determines that the
property retained under this subsection is no longer needed for Army
Reserve activities, the Secretary shall convey the property to the Port
District. The consideration for the conveyance shall be determined in
the manner provided in subsection (c).
(e) Federal Lease of Facilities.--(1) As a condition for the
conveyance under subsection (a), the Secretary of the Army may require
that the Port District lease to the Department of Defense or any other
Federal agency facilities for use by the agency on the property being
conveyed. Any lease under this subsection shall be made under terms and
conditions satisfactory to the Secretary and the Port District.
(2) The agency leasing a facility under this subsection shall
provide for the maintenance of the facility or pay the Port District to
maintain the facility. Maintenance of the leased facilities performed by
the Port District shall be to the reasonable satisfaction of the United
States, or as required by all applicable Federal, State, and local laws
and ordinances.
(3) At the end of a lease under this subsection, the facility
covered by the lease shall revert to the Port District.
(f ) Flood Control Easement.--The Port District shall grant to the
Secretary of the Army an easement on the property conveyed under
subsection (a) for the purpose of permitting the Secretary to implement
and maintain flood control projects. The Secretary of the Army, acting
through the Corps of Engineers, shall be responsible for the maintenance
of any flood control project built on the property pursuant to the
easement.
(g) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary of the Army and the
Port District. The cost of such survey shall be borne by the Port
District.
[[Page 114 STAT. 1654A-422]]
(h) Additional Terms.--The Secretary of the Army may require such
additional terms and conditions in connection with the conveyance as the
Secretary considers appropriate to protect the interests of the United
States.
SEC. 2834. LAND CONVEYANCE, FORT RILEY, KANSAS.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Kansas (in this section referred
to as the ``State''), all right, title, and interest of the United
States in and to a parcel of real property, including any improvements
thereon, consisting of approximately 70 acres at Fort Riley Military
Reservation, Fort Riley, Kansas. The preferred site is adjacent to the
Fort Riley Military Reservation boundary, along the north side of
Huebner Road across from the First Territorial Capitol of Kansas
Historical Site Museum.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be subject to the conditions that--
(1) the State use the property conveyed solely for purposes
of establishing and maintaining a State-operated veterans
cemetery; and
(2) all costs associated with the conveyance, including the
cost of relocating water and electric utilities should the
Secretary determine that such relocations are necessary, be
borne by the State.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary and the
Director of the Kansas Commission on Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance
required by subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2835. LAND CONVEYANCE, FORT POLK, LOUISIANA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Louisiana (in this section
referred to as the ``State''), all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 200 acres at Fort
Polk, Louisiana, for the purpose of permitting the State to establish a
State-run cemetery for veterans.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the State.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2836. LAND CONVEYANCE, ARMY RESERVE CENTER, WINONA, MINNESOTA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Winona State University Foundation of
Winona, Minnesota (in this section referred to as the ``Foundation''),
all right, title, and interest of the United States in and to a parcel
of real property, including any improvements thereon, in Winona,
Minnesota, containing an Army Reserve Center
[[Page 114 STAT. 1654A-423]]
for the purpose of permitting the Foundation to use the parcel for
educational purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Foundation.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2837. LAND CONVEYANCE, FORT DIX, NEW JERSEY.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to Pemberton Township, New Jersey (in this
section referred to as the ``Township''), all right, title, and interest
of the United States in and to a parcel of real property at Fort Dix,
New Jersey, consisting of approximately 2 acres and containing a parking
lot inadvertently constructed on the parcel by the Township.
(b) Conditions of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the conditions that--
(1) the Township accept the property as is; and
(2) the Township assume responsibility for any environmental
restoration or remediation required with respect to the property
under applicable law.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Township.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2838. LAND CONVEYANCE, NIKE SITE 43, ELRAMA, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Board of Supervisors of Union Township,
Pennsylvania (in this section referred to as the ``Township''), all
right, title, and interest of the United States in and to a parcel of
real property, including any improvements thereon, in Elrama,
Pennsylvania, consisting of approximately 160 acres, which is known as
Nike Site 43 and was more recently used by the Pennsylvania Army
National Guard, for the purpose of permitting the Township to use the
parcel for municipal storage and other public purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Township.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2839. LAND CONVEYANCE, ARMY RESERVE LOCAL TRAINING CENTER,
CHATTANOOGA, TENNESSEE.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Medal of Honor Museum,
[[Page 114 STAT. 1654A-424]]
Inc., a nonprofit corporation organized in the State of Tennessee (in
this section referred to as the ``Corporation''), all right, title, and
interest of the United States in and to a parcel of real property,
including any improvements thereon, consisting of approximately 15 acres
at the Army Reserve Local Training Center located on Bonny Oaks Drive,
Chattanooga, Tennessee, for the purpose of permitting the Corporation to
develop and use the parcel as a museum and for other educational
purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Corporation.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2840. LAND EXCHANGE, FORT HOOD, TEXAS.
(a) Exchange Authorized.--The Secretary of the Army may convey to
the City of Copperas Cove, Texas (in this section referred to as the
``City''), all right, title, and interest of the United States in and to
a parcel of real property, including any improvements thereon,
consisting of approximately 100 acres at Fort Hood, Texas, in exchange
for the City's conveyance to the Secretary of all right, title, and
interest of the City in and to one or more parcels of real property that
are acceptable to the Secretary and consist of a total of approximately
300 acres.
(b) Description of Property.--The exact acreage and legal
description of the parcels of real property to be exchanged under
subsection (a) shall be determined by surveys satisfactory to the
Secretary. The cost of the surveys shall be borne by the City.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the exchange under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2841. LAND CONVEYANCE, FORT PICKETT, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Commonwealth of Virginia (in this section
referred to as the ``Commonwealth''), all right, title, and interest of
the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 700 acres at Fort
Pickett, Virginia, for the purpose of permitting the Commonwealth to
develop and operate a public safety training facility.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Commonwealth.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2842. LAND CONVEYANCE, FORT LAWTON, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the City of Seattle, Washington (in this
section referred to as the ``City''), all right, title, and interest
[[Page 114 STAT. 1654A-425]]
of the United States in and to the real property at Fort Lawton,
Washington, consisting of Area 500 and Government Way from 36th Avenue
to Area 500, for purposes of the inclusion of the property in Discovery
Park, Seattle, Washington.
(b) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the City.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2843. LAND CONVEYANCE, VANCOUVER BARRACKS, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the City of Vancouver, Washington (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property, including any
improvements thereon, encompassing 19 structures at Vancouver Barracks,
Washington, which are identified by the Army using numbers between 602
and 676, and are known as the west barracks.
(b) Purpose.--The purpose of the conveyance authorized by subsection
(a) shall be to include the property described in that subsection in the
Vancouver National Historic Reserve, Washington.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the City.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance
authorized by subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
PART II--NAVY CONVEYANCES
SEC. 2846. MODIFICATION OF LAND CONVEYANCE, MARINE CORPS AIR STATION, EL
TORO, CALIFORNIA.
(a) Use of Consideration.--Subsection (a)(2) of section 2811 of the
Military Construction Authorization Act for Fiscal Years 1990 and 1991
(division B of Public Law 101-189; 103 Stat. 1650) is amended by
striking ``of additional military family housing units at Marine Corps
Air Station, Tustin, California.'' and inserting ``and repair of roads
and development of Aerial Port of Embarkation facilities at Marine Corps
Air Station, Miramar, California.''.
(b) Conforming Amendment.--The section heading of such section is
amended by striking ``, and construction of family housing at marine
corps air station, tustin, california''.
SEC. 2847. MODIFICATION OF AUTHORITY FOR OXNARD HARBOR DISTRICT, PORT
HUENEME, CALIFORNIA, TO USE CERTAIN NAVY PROPERTY.
(a) Additional Restrictions on Joint Use.--Subsection (c) of section
2843 of the Military Construction Authorization Act for Fiscal Year 1995
(division B of Public Law 103-337; 108 Stat. 3067) is amended to read as
follows:
[[Page 114 STAT. 1654A-426]]
``(c) Restrictions on Use.--The District's use of the property
covered by an agreement under subsection (a) is subject to the following
conditions:
``(1) The District shall suspend operations under the
agreement upon notification by the commanding officer of the
Center that the property is needed to support mission essential
naval vessel support requirements or Navy contingency
operations, including combat missions, natural disasters, and
humanitarian missions.
``(2) The District shall use the property covered by the
agreement in a manner consistent with Navy operations at the
Center, including cooperating with the Navy for the purpose of
assisting the Navy to meet its through-put requirements at the
Center for the expeditious movement of military cargo.
``(3) The commanding officer of the Center may require the
District to remove any of its personal property at the Center
that the commanding officer determines may interfere with
military operations at the Center. If the District cannot
expeditiously remove the property, the commanding officer may
provide for the removal of the property at District expense.''.
(b) Consideration.--Subsection (d) of such section is amended to
read as follows:
``(d) Consideration.--(1) As consideration for the use of the
property covered by an agreement under subsection (a), the District
shall pay to the Navy an amount that is mutually agreeable to the
parties to the agreement, taking into account the nature and extent of
the District's use of the property.
``(2) The Secretary may accept in-kind consideration under paragraph
(1), including consideration in the form of--
``(A) the District's maintenance, preservation, improvement,
protection, repair, or restoration of all or any portion of the
property covered by the agreement;
``(B) the construction of new facilities, the modification
of existing facilities, or the replacement of facilities vacated
by the Navy on account of the agreement; and
``(C) covering the cost of relocation of the operations of
the Navy from the vacated facilities to the replacement
facilities.
``(3) All cash consideration received under paragraph (1) shall be
deposited in the special account in the Treasury established for the
Navy under section 2667(d) of title 10, United States Code. The amounts
deposited in the special account pursuant to this paragraph shall be
available, as provided in appropriation Acts, for general supervision,
administration, overhead expenses, and Center operations and for the
maintenance preservation, improvement, protection, repair, or
restoration of property at the Center.''.
(c) Conforming Amendments.--Such section is further amended--
(1) by striking subsection (f ); and
(2) by redesignating subsections (g) and (h) as subsections
(f ) and (g), respectively.
SEC. 2848. TRANSFER OF JURISDICTION, MARINE CORPS AIR STATION, MIRAMAR,
CALIFORNIA.
(a) Transfer Authorized.--The Secretary of the Navy may transfer,
without reimbursement, to the administrative jurisdiction of the
Secretary of the Interior a parcel of real property, including
[[Page 114 STAT. 1654A-427]]
any improvements thereon, consisting of approximately 250 acres and
known as the Teacup Parcel, which comprises a portion of the Marine
Corps Air Station, Miramar, California.
(b) Use of Land.--The Secretary of the Interior shall include the
real property transferred under subsection (a) in the Vernal Pool Unit
of the San Diego National Wildlife Refuge and administer the property
for the conservation of fish and wildlife. All current and future
military aviation and related activities at the Marine Corps Air
Station, Miramar, are deemed to be compatible with the refuge purposes
for which the property is transferred, and with any secondary uses that
may be established on the transferred property.
(c) Condition on Transfer.--The transfer authorized under subsection
(a) shall be subject to the condition that the Secretary of the Interior
make the transferred property available to the Secretary of the Navy for
any habitat restoration or preservation project that may be required for
mitigation of military activities occurring at the Marine Corps Air
Station, Miramar, unless the Secretary of the Interior determines that
the project will adversely affect the property's sensitive wildlife and
habitat resource values.
(d) Legal Description.--The exact acreage and legal description of
the real property to be transferred under this section shall be
determined by a survey satisfactory to the Secretary of the Navy. The
cost of the survey shall be borne by the Secretary of the Interior.
(e) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
transfer under this section as the Secretary of the Navy considers
appropriate to protect the interests of the United States.
SEC. 2849. LAND EXCHANGE, MARINE CORPS RECRUIT DEPOT, SAN DIEGO,
CALIFORNIA.
(a) Exchange Authorized.--The Secretary of the Navy may convey to
the San Diego Unified Port District of San Diego, California (in this
section referred to as the ``Port District''), all right, title, and
interest of the United States in and to three parcels of real property,
including any improvements thereon, consisting of approximately 44.5
acres and comprising a portion of the Marine Corps Recruit Depot, San
Diego, California, in exchange for the Port District's--
(1) conveyance to the Secretary of all right, title, and
interest of Port District in and to a parcel of real property
that is acceptable to the Secretary and contiguous to the Marine
Corps Recruit Depot; and
(2) construction of suitable replacement facilities and
necessary supporting structures on the parcel or other property
comprising the Marine Corps Recruit Depot, as determined
necessary by the Secretary.
(b) Time for Conveyance.--The Secretary may not make the conveyance
to the Port District authorized by subsection (a) until the Secretary
determines that the replacement facilities have been constructed and are
ready for occupancy.
(c) Administrative Expenses.--The Port District shall reimburse the
Secretary for administrative expenses incurred by the Secretary in
carrying out the exchange under subsection (a),
[[Page 114 STAT. 1654A-428]]
including expenses related to the planning, design, survey,
environmental compliance, and supervision and inspection of construction
of the replacement facilities. Section 2695(c) of title 10, United
States Code, shall apply to the amounts received by the Secretary.
(d) Construction Schedule.--The Port District shall construct the
replacement facilities pursuant to such schedule and in such a manner so
as to not interrupt or adversely affect the capability of the Marine
Corps Recruit Depot to accomplish its mission.
(e) Description of Property.--The exact acreage and legal
description of the parcels of real property to be exchanged under
subsection (a) shall be determined by surveys satisfactory to the
Secretary. The cost of the surveys shall be borne by the Port District.
(f ) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the exchange
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2850. LEASE OF PROPERTY, NAVAL AIR STATION, PENSACOLA, FLORIDA.
(a) Authority To Lease.--The Secretary of the Navy may lease,
without consideration, to the Naval Aviation Museum Foundation (in this
section referred to as the ``Foundation'') real property improvements
constructed by the Foundation at the National Museum of Naval Aviation
at Naval Air Station, Pensacola, Florida, for the purpose of permitting
the Foundation to operate a National Flight Academy to encourage and
assist American young people to develop an interest in naval aviation
and to preserve and enhance the image and heritage of naval aviation.
(b) Construction.--The Foundation shall be solely responsible for
the design and construction of the real property improvements referred
to in subsection (a). Upon completion, the improvements shall be donated
to and become the property of the United States, subject to the terms of
the lease under subsection (a).
(c) Term of Lease.--(1) The lease authorized by subsection (a) may
be for a term of up to 50 years, with an option to renew for an
additional 50 years.
(2) In the event that the National Flight Academy ceases operation
for a period in excess of 1 year during the leasehold period, or any
extension thereof, the lease shall immediately terminate without cost or
future liability to the United States.
(d) Use by Navy.--The Secretary may use all or a portion of the
leased property when the National Flight Academy is not in session or
whenever the use of the property would not conflict with operation of
the Academy. The Foundation shall permit such use at no cost to the
Navy.
(e) Maintenance and Repair.--The Foundation shall be solely
responsible during the leasehold period, and any extension thereof, for
the operation, maintenance, and repair or replacement of the real
property improvements authorized for lease under this section.
(f ) Assistance.--(1) Subject to subsection (e), the Secretary may
assist the Foundation in implementing the National Flight Academy by
furnishing facilities, utilities, maintenance, and other services within
the boundaries of Naval Air Station, Pensacola. The Secretary may
require the Foundation to reimburse the Secretary for the facilities,
utilities, maintenance, or other services
[[Page 114 STAT. 1654A-429]]
so provided or may provide the facilities, utilities, maintenance, or
other services without reimbursement by the Foundation.
(2) Any assistance provided the Foundation pursuant to paragraph (1)
may be terminated by the Secretary without notice, cause, or liability
to the United States.
(g) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the lease under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2851. LAND CONVEYANCE, NAVAL RESERVE CENTER, TAMPA, FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the Tampa Port Authority of Tampa, Florida (in this section referred to
as the ``Port Authority''), all right, title, and interest of the United
States in and to a parcel of real property, including any improvements
thereon, consisting of approximately 2.18 acres and comprising the Naval
Reserve Center, Tampa, Florida, for the purpose of permitting the Port
Authority to use the parcel to facilitate the expansion of the Port of
Tampa.
(b) Conditions of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the following conditions:
(1) The Port Authority will accept the Naval Reserve Center
as is.
(2) The Port Authority will provide a replacement facility
for the Naval Reserve Center on a site of comparable size and
consisting of comparable improvements on port property or other
public land acceptable to the Secretary. In the event that a
federally owned site acceptable to the Secretary is not
available for the construction of the replacement facility, the
Port Authority will provide a site for the replacement facility
acceptable to the Secretary and convey it in fee title to the
United States.
(3) The Port Authority will procure all necessary funding
and the planning and design necessary to construct a replacement
facility that is fully operational and satisfies the Base
Facilities Requirements plan, as provided by the Naval Reserve.
(4) The Port Authority will bear all reasonable costs that
the Navy may incur in the relocating to the replacement
facility.
(c) Time for Conveyance.--The Secretary may not make the conveyance
authorized under subsection (a) until all of the conditions specified in
subsection (b) have been met to the satisfaction of the Secretary.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Port Authority.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2852. MODIFICATION OF LAND CONVEYANCE, DEFENSE FUEL SUPPLY POINT,
CASCO BAY, MAINE.
Section 2839 of the Military Construction Authorization Act for
Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat. 3065) is
amended--
[[Page 114 STAT. 1654A-430]]
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Replacement of Removed Electric Utility Service.--(1) The
Secretary of Defense shall replace the electric utility service removed
during the course of environmental remediation carried out with respect
to the property to be conveyed under subsection (a), including the
procurement and installation of electrical cables, switch cabinets, and
transformers associated with the service.
``(2) As part of the replacement of the electric utility service
under paragraph (1), the Secretary of Defense may, at the request of the
Town, improve the electric utility service and install
telecommunications service. The Secretary shall determine, in
consultation with the Town, the additional costs that would be
associated with the improvement of the electric utility service and the
installation of telecommunications service under this paragraph, and the
Town shall be responsible for the payment of such costs.''.
SEC. 2853. LAND CONVEYANCE, NAVAL COMPUTER AND TELECOMMUNICATIONS
STATION, CUTLER, MAINE.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the State of Maine, any political subdivision
of the State of Maine, or any tax-supported agency in the State of
Maine, all right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon, consisting
of approximately 263 acres located in Washington County, Maine, and
known as the Naval Computer and Telecommunications Station, Cutler,
Maine.
(b) Reimbursement for Environmental and Other Assessments.--(1) The
Secretary may require the recipient of the property conveyed under this
section to reimburse the Secretary for the costs incurred by the
Secretary for any environmental assessments and other studies and
analyses carried out by the Secretary with respect to the property to be
conveyed under this section before the conveyance of the property under
this section.
(2) The amount of any reimbursement required under paragraph (1)
shall be determined by the Secretary and may not exceed the cost of the
assessments, studies, and analyses for which reimbursement is required
under that paragraph.
(3) Section 2695(c) of title 10, United States Code, shall apply to
the amounts received by the Secretary.
(c) Lease of Property Pending Conveyance.--(1) Pending the
conveyance by deed of the property authorized to be conveyed by
subsection (a), the Secretary may enter into one or more leases of the
property.
(2) The Secretary shall deposit any amounts paid under a lease under
paragraph (1) in the appropriation or account providing funds for the
protection, maintenance, or repair of the property, or for the provision
of utility services for the property. Amounts so deposited shall be
merged with funds in the appropriation or account in which deposited,
and shall be available for the same purposes, and subject to the same
conditions and limitations, as the funds with which merged.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a)
[[Page 114 STAT. 1654A-431]]
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the recipient of the property.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2854. MODIFICATION OF LAND CONVEYANCE AUTHORITY, FORMER NAVAL
TRAINING CENTER, BAINBRIDGE, CECIL COUNTY, MARYLAND.
Section 1 of Public Law 99-596 (100 Stat. 3349) is amended--
(1) in subsection (a), by striking ``subsections (b) through
(f )'' and inserting ``subsections (b) through (e)'';
(2) by striking subsection (b) and inserting the following
new subsection:
``(b) Consideration.--(1) In the event of the transfer of the
property under subsection (a) to the State of Maryland, the transfer
shall be with consideration or without consideration from the State of
Maryland, at the election of the Secretary.
``(2) If the Secretary elects to receive consideration from the
State of Maryland under paragraph (1), the Secretary may reduce the
amount of consideration to be received from the State of Maryland under
that paragraph by an amount equal to the cost, estimated as of the time
of the transfer of the property under this section, of the restoration
of the historic buildings on the property. The total amount of the
reduction of consideration under this paragraph may not exceed
$500,000.'';
(3) by striking subsection (d); and
(4) by redesignating subsections (e) and (f ) as subsections
(d) and (e), respectively.
SEC. 2855. LAND CONVEYANCE, MARINE CORPS BASE, CAMP LEJEUNE, NORTH
CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the City of Jacksonville, North Carolina (in this section referred to as
the ``City''), all right, title, and interest of the United States in
and to a parcel of real property, including any improvements thereon,
that is currently leased to Norfolk Southern Corporation and consists of
approximately 50 acres, known as the railroad right-of-way, lying within
the City between Highway 24 and Highway 17, at the Marine Corps Base,
Camp Lejeune, North Carolina, for the purpose of permitting the City to
develop the parcel for initial use as a bike/green way trail.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall reimburse the Secretary (in such amounts
as the Secretary may determine) for the expenses incurred by the
Secretary in making the conveyance, including costs related to planning,
design, surveys, environmental assessment and compliance, supervision
and inspection of construction, severing and realigning utility systems,
and other prudent and necessary actions. Section 2695(c) of title 10,
United States Code, shall apply to the amounts received by the
Secretary.
(c) Condition of Conveyance.--The Secretary may retain such
easements, rights-of-way, and other interests in the property to be
conveyed under subsection (a) and impose such restrictions on the use of
the conveyed property as the Secretary considers necessary to ensure the
effective security, maintenance, and operations
[[Page 114 STAT. 1654A-432]]
of the Marine Corps Base, Camp Lejeune, North Carolina, and to protect
human health and the environment.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2856. LAND EXCHANGE, NAVAL AIR RESERVE CENTER, COLUMBUS, OHIO.
(a) Exchange Authorized.--The Secretary of the Navy may convey to
the Rickenbacker Port Authority of Columbus, Ohio (in this section
referred to as the ``Authority''), all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 24 acres comprising
the civilian facilities of the Naval Air Reserve at Rickenbacker
International Airport in Franklin County, Ohio, in exchange for the
Authority's conveyance to the Secretary of all right, title, and
interest of the Authority in and to a parcel of real property consisting
of approximately 10 to 15 acres acceptable to the Secretary at
Rickenbacker International Airport.
(b) Use of Acquired Property.--The Secretary shall use the real
property acquired from the Authority in the exchange as the site for a
replacement facility that will house both the Naval Air Reserve Center
at Rickenbacker International Airport and the Naval and Marine Corps
Reserve Center currently located in Columbus, Ohio.
(c) Time for Conveyance.--The Secretary may not make the conveyance
to the Authority authorized by subsection (a) until the Secretary
determines that the replacement facility described in subsection (b) has
been constructed and is ready for occupancy.
(d) Description of Property.--The exact acreage and legal
description of the parcels of real property to be exchanged under
subsection (a) shall be determined by surveys satisfactory to the
Secretary. The cost of the surveys shall be borne by the Authority.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the exchange under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2857. LAND CONVEYANCE, NAVAL STATION, BREMERTON, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the City of Bremerton, Washington (in this section referred to as the
``City''), all right, title, and interest of the United States in and to
a parcel of real property, including any improvements thereon,
consisting of approximately 45.8 acres and comprising the former East
Park Transient Family Accommodations, which was an off-site housing
facility for Naval Station, Bremerton, Washington.
(b) Consideration.--(1) The conveyance under subsection (a) may be
made without consideration to the extent the real property to be
conveyed will be used by the City, directly or through an agreement with
a public or private entity, for public health, public safety, education,
affordable housing, or public recreation.
[[Page 114 STAT. 1654A-433]]
(2) If the City intends to use a portion of the conveyed property
for a purpose not specified in paragraph (1), the City shall pay to the
United States an amount equal to the fair market value of that portion
of the property. The fair market value shall be determined by an
appraisal acceptable to the Secretary.
(c) Administrative Expenses.--The City shall reimburse the Secretary
for administrative expenses incurred by the Secretary in carrying out
the conveyance under subsection (a), including expenses related to
planning, design, survey, environmental compliance, and other prudent
and necessary actions. Section 2695(c) of title 10, United States Code,
shall apply to the amounts received by the Secretary.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
PART III--AIR FORCE CONVEYANCES
SEC. 2861. LAND CONVEYANCE, LOS ANGELES AIR FORCE BASE, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, by sale or lease upon such terms as the Secretary considers
appropriate, all or any portion of the following parcels of real
property, including any improvements thereon, at Los Angeles Air Force
Base, California:
(1) Approximately 42 acres in El Segundo, California,
commonly known as Area A.
(2) Approximately 52 acres in El Segundo, California,
commonly known as Area B.
(3) Approximately 13 acres in Hawthorne, California,
commonly known as the Lawndale Annex.
(4) Approximately 3.7 acres in Sun Valley, California,
commonly known as the Armed Forces Radio and Television Service
Broadcast Center.
(b) Consideration.--As consideration for the conveyance of real
property under subsection (a), the recipient of the property shall
provide for the design and construction on real property acceptable to
the Secretary of one or more facilities to consolidate the mission and
support functions at Los Angeles Air Force Base. Any such facility must
comply with the seismic and safety design standards for Los Angeles
County, California, in effect at the time the Secretary takes possession
of the facility.
(c) Leaseback Authority.--If the fair market value of a facility to
be provided as consideration for the conveyance of real property under
subsection (a) exceeds the fair market value of the conveyed property,
the Secretary may enter into a lease for the facility for a period not
to exceed 10 years. Rental payments under the lease shall be established
at the rate necessary to permit the lessor to recover, by the end of the
lease term, the difference between the fair market value of a facility
and the fair market value of the conveyed property. At the end of the
lease, all right, title, and interest in the facility shall vest in the
United States.
[[Page 114 STAT. 1654A-434]]
(d) Appraisal of Property.--The Secretary shall obtain an appraisal
of the fair market value of all property and facilities to be sold,
leased, or acquired under this section. An appraisal shall be made by a
qualified appraiser familiar with the type of property to be appraised.
The Secretary shall consider the appraisals in determining whether a
proposed conveyance accomplishes the purpose of this section and is in
the interest of the United States. Appraisal reports shall not be
released outside of the Federal Government, other than to the other
party to a conveyance.
(e) Description of Property.--The exact acreage and legal
description of real property to be conveyed under subsection (a) or
acquired under subsection (b) shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall be borne by
the recipient of the property.
(f ) Exemption.--Section 2696 of title 10, United States Code, does
not apply to the conveyance authorized by subsection (a).
(g) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with a conveyance under
subsection (a) or a lease under subsection (c) as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2862. LAND CONVEYANCE, POINT ARENA AIR FORCE STATION, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to Mendocino County, California (in this
section referred to as the ``County''), all right, title, and interest
of the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 82 acres at the Point
Arena Air Force Station, California, for the purpose of permitting the
County to use the parcel for municipal and other public purposes.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the County--
(1) use the conveyed property, directly or through an
agreement with a public or private entity, for municipal and
other public purposes;
(2) convey the property to an appropriate public or private
entity that will use the conveyed property for such purposes; or
(3) convey the property by sale or exchange and--
(A) if conveyed by exchange, use the property
acquired in the exchange for such purposes; or
(B) if conveyed by sale, use the proceeds to acquire
property that will be used for such purposes.
(c) Consideration.--If the Secretary determines at any time that the
County, or a public or private entity to which the property is
reconveyed as authorized by paragraph (2) of subsection (b), has failed
to comply with the conditions specified in such subsection, the County
shall pay the United States an amount equal to the fair market value of
the property conveyed under subsection (a), as determined by an
appraisal satisfactory to the Secretary.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the County.
[[Page 114 STAT. 1654A-435]]
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2863. LAND CONVEYANCE, LOWRY AIR FORCE BASE, COLORADO.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, or lease upon such terms as the Secretary
considers appropriate, to the Lowry Redevelopment Authority (in this
section referred to as the ``Authority'') all right, title, and interest
of the United States in and to seven parcels of real property, including
any improvements thereon, consisting of approximately 23 acres at the
former Lowry Air Force Base, Colorado, for the purpose of permitting the
Authority to use the property in furtherance of economic development and
other public purposes.
(b) Description of Property.--The exact acreage and legal
description of real property to be conveyed or leased under subsection
(a) shall be determined by a survey satisfactory to the Secretary. The
cost of the survey shall be borne by the Authority.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with a conveyance or lease
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2864. LAND CONVEYANCE, WRIGHT-PATTERSON AIR FORCE BASE, OHIO.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to Greene County, Ohio (in this section
referred to as the ``County''), all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 92 acres comprising
the communications test annex at Wright-Patterson Air Force Base, Ohio,
for the purpose of permitting the County to use the parcel for
recreational purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the County.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2865. MODIFICATION OF LAND CONVEYANCE, ELLSWORTH AIR FORCE BASE,
SOUTH DAKOTA.
(a) Change in Recipient.--Subsection (a) of section 2863 of the
Military Construction Authorization Act for Fiscal Year 1998 (division B
of Public Law 105-85; 111 Stat. 2010) is amended by striking ``Greater
Box Elder Area Economic Development Corporation, Box Elder, South Dakota
(in this section referred to as the `Corporation')'' and inserting
``West River Foundation for Economic and Community Development, Sturgis,
South Dakota (in this section referred to as the `Foundation')''.
(b) Conforming Amendments.--Such section is further amended by
striking ``Corporation'' each place it appears in subsections (c) and
(e) and inserting ``Foundation''.
[[Page 114 STAT. 1654A-436]]
SEC. 2866. LAND CONVEYANCE, MUKILTEO TANK FARM, EVERETT, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Port of Everett, Washington (in
this section referred to as the ``Port''), all right, title, and
interest of the United States in and to a parcel of real property,
including any improvements thereon, consisting of approximately 22 acres
and known as the Mukilteo Tank Farm for the purpose of permitting the
Port to use the parcel for the development and operation of a port
facility and for other public purposes.
(b) Personal Property.--The Secretary of the Air Force may include
as part of the conveyance authorized by subsection (a) any personal
property at the Mukilteo Tank Farm that is excess to the needs of the
Air Force if the Secretary of Transportation determines that such
personal property is appropriate for the development or operation of the
Mukilteo Tank Farm as a port facility.
(c) Interim Lease.--(1) Until such time as the real property
described in subsection (a) is conveyed by deed, the Secretary of the
Air Force may lease all or part of the real property to the Port if the
Secretary determines that the real property is suitable for lease and
the lease of the property under this subsection will not interfere with
any environmental remediation activities or schedules under applicable
law or agreements.
(2) The determination under paragraph (1) whether the lease of the
real property will interfere with environmental remediation activities
or schedules referred to in that paragraph shall be based upon an
environmental baseline survey conducted in accordance with applicable
Air Force regulations and policy.
(3) Except as provided by paragraph (4), as consideration for the
lease under this subsection, the Port shall pay the Secretary an amount
equal to the fair market of the lease, as determined by the Secretary.
(4) The amount of consideration paid by the Port for the lease under
this subsection may be an amount, as determined by the Secretary, less
than the fair market value of the lease if the Secretary determines
that--
(A) the public interest will be served by an amount of
consideration for the lease that is less than the fair market
value of the lease; and
(B) payment of an amount equal to the fair market value of
the lease is unobtainable.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary of the Air Force
and the Port.
(e) Additional Terms and Conditions.--The Secretary of the Air
Force, in consultation with the Secretary of Transportation, may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary of the Air Force considers
appropriate to protect the interests of the United States.
[[Page 114 STAT. 1654A-437]]
PART IV--OTHER CONVEYANCES
SEC. 2871. LAND CONVEYANCE, ARMY AND AIR FORCE EXCHANGE SERVICE
PROPERTY, FARMERS BRANCH, TEXAS.
(a) Conveyance Authorized.--The Secretary of Defense may authorize
the Army and Air Force Exchange Service, which is a nonappropriated fund
instrumentality of the United States, to sell all right, title, and
interest of the United States in and to a parcel of real property,
including improvements thereon, that is located at 2727 LBJ Freeway in
Farmers Branch, Texas.
(b) Consideration.--As consideration for conveyance under subsection
(a), the purchaser shall pay, in a single lump sum payment, an amount
equal to the fair market value of the real property conveyed, as
determined by the Secretary. The payment shall be handled in the manner
provided in section 204(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 485(c)).
(c) Congressional Report.--Within 30 days after the sale of the
property under subsection (a), the Secretary shall submit to Congress a
report detailing the particulars of the sale.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the purchaser.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2872. LAND CONVEYANCE, FORMER NATIONAL GROUND INTELLIGENCE CENTER,
CHARLOTTESVILLE, VIRGINIA.
(a) Conveyance Authorized.--The Administrator of General Services
may convey, without consideration, to the City of Charlottesville,
Virginia (in this section referred to as the ``City''), all right,
title, and interest of the United States in and to a parcel of real
property, including any improvements thereon, formerly occupied by the
National Ground Intelligence Center and known as the Jefferson Street
Property, for the purpose of permitting the City to use the parcel,
directly or through an agreement with a public or private entity, for
economic development purposes.
(b) Authority To Convey Without Consideration.--The conveyance
authorized by subsection (a) may be made without consideration if the
Administrator determines that conveyance on that basis would be in the
best interests of the United States.
(c) Reversionary Interest.--During the five-year period beginning on
the date the Administrator makes the conveyance authorized by subsection
(a), if the Administrator determines that the conveyed real property is
not being used in accordance with the purpose specified in such
subsection, all right, title, and interest in and to the property,
including any improvements thereon, may upon the election of the
Administrator revert to the United States, and upon such reversion the
United States shall have the right of immediate entry onto the property.
(d) Limitation on Certain Subsequent Conveyances.--(1) Subject to
paragraph (2), if at any time after the Administrator makes the
conveyance authorized by subsection (a) the City conveys any portion of
the parcel conveyed under that subsection to a
[[Page 114 STAT. 1654A-438]]
private entity, the City shall pay to the United States an amount equal
to--
(A) the fair market value (as determined by the
Administrator) of the portion conveyed at the time of the
conveyance; less
(B) the cost of any improvements to the property made by the
City.
(2) Paragraph (1) applies to a conveyance described in such
paragraph only if the Administrator makes the conveyance authorized by
subsection (a) without consideration.
(3) The Administrator shall deposit any amounts paid the United
States under this subsection into the fund established by section 210(f
) of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 490(f )). Any amounts so deposited shall be available to the
Administrator for real property management and related activities as
provided for under paragraph (2) of such section.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Administrator. The
cost of the survey shall be borne by the City.
(f ) Additional Terms and Conditions.--The Administrator may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Administrator considers appropriate to
protect the interests of the United States.
Subtitle E--Other Matters
SEC. 2881. RELATION OF EASEMENT AUTHORITY TO LEASED PARKLAND, MARINE
CORPS BASE, CAMP PENDLETON, CALIFORNIA.
Section 2851 of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2219) is
amended by adding at the end the following new subsection:
``(f ) Exemption for Certain Leased Lands.--(1) Section 303 of title
49, and section 138 of title 23, United States Code, shall not apply to
any approval by the Secretary of Transportation of the use by State
Route 241 of parkland within Camp Pendleton that is leased by the State
of California, where the lease reserved to the United States the right
to establish rights-of-way.
``(2) The Agency shall be responsible for the implementation of any
measures required by the Secretary of Transportation to mitigate the
impact of the Agency's use of parkland within Camp Pendleton for State
Route 241. With the exception of those mitigation measures directly
related to park functions, the measures shall be located outside the
boundaries of Camp Pendleton. The required mitigation measures related
to park functions shall be implemented in accordance with the terms of
the lease referred to in paragraph (1).''.
SEC. 2882. EXTENSION OF DEMONSTRATION PROJECT FOR PURCHASE OF FIRE,
SECURITY, POLICE, PUBLIC WORKS, AND UTILITY SERVICES FROM
LOCAL GOVERNMENT AGENCIES.
Section 816(c) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2820), as added
[[Page 114 STAT. 1654A-439]]
by section 2873 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2225), is amended by
striking ``2000'' and inserting ``2001''.
SEC. 2883. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF THIRD
BUILDING AT UNITED STATES AIR FORCE MUSEUM, WRIGHT-PATTERSON
AIR FORCE BASE, OHIO.
(a) Acceptance Authorized.--The Secretary of the Air Force may
accept from the Air Force Museum Foundation, a private nonprofit
foundation, gifts in the form of cash, Treasury instruments, or
comparable United States Government securities for the purpose of paying
the costs of design and construction of a third building for the United
States Air Force Museum at Wright-Patterson Air Force Base, Ohio. The
terms of the gift may specify that all or a part of the amount of the
gift be utilized solely for purposes of the design and construction of a
particular portion of the building.
(b) Deposit in Escrow Account.--The Secretary, acting through the
Comptroller of the Air Force Materiel Command, shall deposit the amount
of any cash, instruments, or securities accepted as a gift under
subsection (a) in an escrow account established for that purpose.
(c) Investment.--Amounts in the escrow account under subsection (b)
not required to meet current requirements of the account shall be
invested in public debt securities with maturities suitable to the needs
of the account, as determined by the Comptroller of the Air Force
Materiel Command, and bearing interest at rates that take 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 account.
(d) Utilization.--(1) Amounts in the escrow account under subsection
(b), including any income on investments of such amounts under
subsection (c), that are attributable to a particular portion of the
building described in subsection (a) shall be utilized by the
Comptroller of the Air Force Materiel Command to pay the costs of the
design and construction of such portion of the building, including
progress payments for such design and construction.
(2) Subject to paragraph (3), amounts shall be payable under
paragraph (1) upon receipt by the Comptroller of the Air Force Materiel
Command of a notification from an appropriate officer or employee of the
Corps of Engineers that such amounts are required for the timely payment
of an invoice or claim for the performance of design or construction
activities for which such amounts are payable under paragraph (1).
(3) The Comptroller of the Air Force Materiel Command shall, to the
maximum extent practicable consistent with good business practice, limit
payment of amounts from the account in order to maximize the return on
investment of amounts in the account.
(e) Limitation on Contracts.--The Corps of Engineers may not enter
into a contract for the design or construction of a particular portion
of the building described in subsection (a) until amounts in the escrow
account under subsection (b), including any income on investments of
such amounts under subsection (c), that are attributable to such portion
of the building are sufficient to cover the amount of such contract.
[[Page 114 STAT. 1654A-440]]
(f ) Liquidation of Escrow Account.--Upon final payment of all
invoices and claims associated with the design and construction of the
building described in subsection (a), the Secretary of the Air Force
shall terminate the escrow account under subsection (b). Any amounts in
the account upon final payment of invoices and claims shall be available
to the Secretary for such purposes as the Secretary considers
appropriate.
SEC. 2884. DEVELOPMENT OF MARINE CORPS HERITAGE CENTER AT MARINE CORPS
BASE, QUANTICO, VIRGINIA.
(a) Authority To Enter Into Joint Venture for Development.--The
Secretary of the Navy may enter into a joint venture with the Marine
Corps Heritage Foundation, a not-for-profit entity, for the design and
construction of a multipurpose facility to be used for historical
displays for public viewing, curation, and storage of artifacts,
research facilities, classrooms, offices, and associated activities
consistent with the mission of the Marine Corps University. The facility
shall be known as the Marine Corps Heritage Center.
(b) Authority To Accept Certain Land.--(1) The Secretary may, if the
Secretary determines it to be necessary for the facility described in
subsection (a), accept without compensation any portion of the land
known as Locust Shade Park which is now offered by the Park Authority of
the County of Prince William, Virginia, as a potential site for the
facility.
(2) The Park Authority may convey the land described in paragraph
(1) to the Secretary under this section without regard to any limitation
on its use, or requirement for its replacement upon conveyance, under
section 6(f )(3) of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-8(f )(3)) or under any other provision of law.
(c) Design and Construction.--For each phase of development of the
facility described in subsection (a), the Secretary may--
(1) permit the Marine Corps Heritage Foundation to contract
for the design, construction, or both of such phase of
development; or
(2) accept funds from the Marine Corps Heritage Foundation
for the design, construction, or both of such phase of
development.
(d) Acceptance Authority.--Upon completion of construction of any
phase of development of the facility described in subsection (a) by the
Marine Corps Heritage Foundation to the satisfaction of the Secretary,
and the satisfaction of any financial obligations incident thereto by
the Marine Corps Heritage Foundation, the facility shall become the
property of the Department of the Navy with all right, title, and
interest in and to facility being in the United States.
(e) Lease of Facility.--(1) The Secretary may lease, under such
terms and conditions as the Secretary considers appropriate for the
joint venture authorized by subsection (a), portions of the facility
developed under that subsection to the Marine Corps Heritage Foundation
for use in generating revenue for activities of the facility and for
such administrative purposes as may be necessary for support of the
facility.
(2) The amount of consideration paid the Secretary by the Marine
Corps Heritage Foundation for the lease under paragraph
[[Page 114 STAT. 1654A-441]]
(1) may not exceed an amount equal to the actual cost (as determined by
the Secretary) of the operation of the facility.
(3) Notwithstanding any other provision of law, the Secretary shall
use amounts paid under paragraph (2) to cover the costs of operation of
the facility.
(f ) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the joint
venture authorized by subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2885. ACTIVITIES RELATING TO THE GREENBELT AT FALLON NAVAL AIR
STATION, NEVADA.
(a) In General.--The Secretary of the Navy shall, in consultation
with the Secretary of the Army acting through the Chief of Engineers,
carry out appropriate activities after examination of the potential
environmental and flight safety ramifications for irrigation that has
been eliminated, or will be eliminated, for the greenbelt at Fallon
Naval Air Station, Nevada. Any activities carried out under the
preceding sentence shall be consistent with aircrew safety at Fallon
Naval Air Station.
(b) Authorization of Appropriations.--There is hereby authorized to
be appropriated for operation and maintenance for the Navy such sums as
may be necessary to carry out the activities required by subsection (a).
SEC. 2886. ESTABLISHMENT OF WORLD WAR II MEMORIAL ON GUAM.
(a) Establishment Required.--The Secretary of Defense shall
establish on Federal lands near the Fena Caves in Guam a suitable
memorial intended to honor those Guamanian civilians who were killed
during the occupation of Guam during World War II and to commemorate the
liberation of Guam by the United States Armed Forces in 1944.
(b) Maintenance of Memorial.--The Secretary of Defense shall be
responsible for the maintenance of the memorial established pursuant to
subsection (a).
(c) Consultation.--In designing and building the memorial and
selecting the specific location for the memorial, the Secretary of
Defense shall consult with the American Battle Monuments Commission
established under chapter 21 of title 36, United States Code.
SEC. 2887. NAMING OF ARMY MISSILE TESTING RANGE AT KWAJALEIN ATOLL AS
THE RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE AT
KWAJALEIN ATOLL.
The United States Army missile testing range located at Kwajalein
Atoll in the Marshall Islands shall after the date of the enactment of
this Act be known and designated as the ``Ronald Reagan Ballistic
Missile Defense Test Site at Kwajalein Atoll''. Any reference to that
range in any law, regulation, map, document, record, or other paper of
the United States shall be considered to be a reference to the Ronald
Reagan Ballistic Missile Defense Test Site at Kwajalein Atoll.
[[Page 114 STAT. 1654A-442]]
SEC. 2888. DESIGNATION OF BUILDING AT FORT BELVOIR, VIRGINIA, IN HONOR
OF ANDREW T. MCNAMARA.
The building at 8725 John J. Kingman Road, Fort Belvoir, Virginia,
shall be known and designated as the ``Andrew T. McNamara Building''.
Any reference to that building in any law, regulation, map, document,
record, or other paper of the United States shall be considered to be a
reference to the Andrew T. McNamara Building.
SEC. 2889. DESIGNATION OF BALBOA NAVAL HOSPITAL, SAN DIEGO, CALIFORNIA,
IN HONOR OF BOB WILSON, A FORMER MEMBER OF THE HOUSE OF
REPRESENTATIVES.
The Balboa Naval Hospital in San Diego, California, shall be known
and designated as the ``Bob Wilson Naval Hospital''. Any reference to
the Balboa Naval Hospital in any law, regulation, map, document, record,
or other paper of the United States shall be considered to be a
reference to the Bob Wilson Naval Hospital.
SEC. 2890. SENSE OF CONGRESS REGARDING IMPORTANCE OF EXPANSION OF
NATIONAL TRAINING CENTER, FORT IRWIN, CALIFORNIA.
(a) Findings.--Congress makes the following findings:
(1) The National Training Center at Fort Irwin, California,
is the Army's premier warfare training center.
(2) The National Training Center was cited by General Norman
Schwarzkopf as being instrumental to the success of the allied
victory in the Persian Gulf conflict.
(3) The National Training Center gives a military unit the
opportunity to use high-tech equipment and confront realistic
opposing forces in order to accurately discover the unit's
strengths and weaknesses.
(4) The current size of the National Training Center is
insufficient in light of the advanced equipment and technology
required for modern warfare training.
(5) The expansion of the National Training Center to include
additional lands would permit military units and members of the
Armed Forces to adequately prepare for future conflicts and
various warfare scenarios they may encounter throughout the
world.
(6) Additional lands for the expansion of the National
Training Center are presently available in the California
desert.
(7) The expansion of the National Training Center is a top
priority of the Army and the Office of the Secretary of Defense.
(b) Sense of Congress.--It is the sense of Congress that the prompt
expansion of the National Training Center is vital to the national
security interests of the United States.
SEC. 2891. SENSE OF CONGRESS REGARDING LAND TRANSFERS AT MELROSE RANGE,
NEW MEXICO, AND YAKIMA TRAINING CENTER, WASHINGTON.
(a) Findings.--Congress makes the following findings:
(1) The Secretary of the Air Force seeks the transfer of
6,713 acres of public domain land within the Melrose Range, New
Mexico, from the Department of the Interior to the Department of
the Air Force for the continued use of these lands as a military
range.
[[Page 114 STAT. 1654A-443]]
(2) The Secretary of the Army seeks the transfer of 6,640
acres of public domain land within the Yakima Training Center,
Washington, from the Department of the Interior to the
Department of the Army for military training purposes.
(3) The transfers provide the Department of the Air Force
and the Department of the Army with complete land management
control of these public domain lands to allow for effective land
management, minimize safety concerns, and ensure meaningful
training.
(4) The Department of the Interior concurs with the land
transfers at Melrose Range and Yakima Training Center.
(b) Sense of Congress.--It is the sense of Congress that the land
transfers at Melrose Range, New Mexico, and Yakima Training Center,
Washington, will support military training, safety, and land management
concerns on the lands subject to transfer.
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.Contingent limitation on use of certain funds pending
certifications 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.
[[Page 114 STAT. 1654A-444]]
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.
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2001 for the activities of the National
[[Page 114 STAT. 1654A-445]]
Nuclear Security Administration in carrying out programs necessary for
national security in the amount of $6,422,356,000, to be allocated as
follows:
(1) Weapons activities.--For weapons activities,
$4,840,289,000, to be allocated as follows:
(A) For stewardship, $4,505,545,000, to be allocated
as follows:
(i) For directed stockpile work, $862,603,000.
(ii) For campaigns, $2,054,014,000, to be
allocated as follows:
(I) For operation and maintenance,
$1,639,682,000.
(II) For construction, $414,332,000,
to be allocated as follows:
Project 01-D-101,
distributed information systems
laboratory, Sandia National
Laboratories, Livermore,
California, $2,300,000.
Project 00-D-103, terascale
simulation facility, Lawrence
Livermore National Laboratory,
Livermore, California,
$5,000,000.
Project 00-D-105, strategic
computing complex, Los Alamos
National Laboratory, Los Alamos,
New Mexico, $56,000,000.
Project 00-D-107, joint
computational engineering
laboratory, Sandia National
Laboratories, Albuquerque, New
Mexico, $6,700,000.
Project 98-D-125, tritium
extraction facility, Savannah
River Plant, Aiken, South
Carolina, $75,000,000.
Project 98-D-126,
accelerator production of
tritium, various locations,
$25,000,000.
Project 97-D-102, dual-axis
radiographic hydrotest facility,
Los Alamos National Laboratory,
Los Alamos, New Mexico,
$35,232,000.
Project 96-D-111, national
ignition facility (NIF),
Lawrence Livermore National
Laboratory, Livermore,
California, $209,100,000.
(iii) For readiness in technical base and
facilities, $1,588,928,000, to be allocated as
follows:
(I) For operation and maintenance,
$1,429,087,000.
(II) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification
of facilities, and the continuation of
projects authorized in prior years, and
land acquisition related thereto),
$159,841,000, to be allocated as
follows:
Project 01-D-103,
preliminary project design and
engineering, various locations,
$14,500,000.
Project 01-D-124, highly
enriched uranium (HEU) materials
storage facility, Y-12 Plant,
Oak Ridge, Tennessee,
$17,800,000.
[[Page 114 STAT. 1654A-446]]
Project 01-D-126, weapons
evaluation test laboratory,
Pantex Plant, Amarillo, Texas,
$3,000,000.
Project 99-D-103, isotope
sciences facilities, Lawrence
Livermore National Laboratory,
Livermore, California,
$5,000,000.
Project 99-D-104, protection
of real property (roof
reconstruction, phase II),
Lawrence Livermore National
Laboratory, Livermore,
California, $2,800,000.
Project 99-D-106, model
validation and system
certification center, Sandia
National Laboratories,
Albuquerque, New Mexico,
$5,200,000.
Project 99-D-108, renovate
existing roadways, Nevada Test
Site, Nevada, $2,000,000.
Project 99-D-125, replace
boilers and controls, Kansas
City Plant, Kansas City,
Missouri, $13,000,000.
Project 99-D-127, stockpile
management restructuring
initiative, Kansas City Plant,
Kansas City, Missouri,
$23,765,000.
Project 99-D-128, stockpile
management restructuring
initiative, Pantex Plant,
Amarillo, Texas, $4,998,000.
Project 99-D-132, stockpile
management restructuring
initiative, nuclear material
safeguards and security upgrades
project, Los Alamos National
Laboratory, Los Alamos, New
Mexico, $18,043,000.
Project 98-D-123, stockpile
management restructuring
initiative, tritium facility
modernization and consolidation,
Savannah River Plant, Aiken,
South Carolina, $30,767,000.
Project 97-D-123, structural
upgrades, Kansas City Plant,
Kansas City, Missouri,
$2,918,000.
Project 95-D-102, chemistry
and metallurgy research (CMR)
upgrades project, Los Alamos
National Laboratory, Los Alamos,
New Mexico, $13,337,000.
Project 88-D-123, security
enhancements, Pantex Plant,
Amarillo, Texas, $2,713,000.
(B) For secure transportation asset, $115,673,000,
to be allocated as follows:
(i) For operation and maintenance,
$79,357,000.
(ii) For program direction, $36,316,000.
(C) For program direction, $219,071,000.
(2) Defense nuclear nonproliferation.--For other nuclear
security activities, $877,467,000, to be allocated as follows:
(A) For nonproliferation and verification research
and development, $252,990,000, to be allocated as
follows:
(i) For operation and maintenance,
$245,990,000.
(ii) For plant projects (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the
continuation of projects
[[Page 114 STAT. 1654A-447]]
authorized in prior years, and land acquisition
related thereto), $7,000,000, to be allocated as
follows:
Project 00-D-192, nonproliferation
and international security center
(NISC), Los Alamos National Laboratory,
Los Alamos, New Mexico, $7,000,000.
(B) For arms control, $320,560,000, to be allocated
as follows:
(i) For arms control operations, $285,370,000.
(ii) For highly enriched uranium transparency
implementation, $15,190,000.
(iii) For international nuclear safety,
$20,000,000.
(C) For fissile materials control and disposition,
$252,449,000, to be allocated as follows:
(i) For operation and maintenance,
$175,517,000.
(ii) For plant projects (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the
continuation of projects authorized in prior
years, and land acquisition related thereto),
$76,932,000, to be allocated as follows:
Project 01-D-407, highly enriched
uranium blend-down, Savannah River Site,
Aiken, South Carolina, $27,932,000.
Project 00-D-142, immobilization and
associated processing facility (Title I
and II design), Savannah River Site,
Aiken, South Carolina, $3,000,000.
Project 99-D-141, pit disassembly
and conversion facility (Title I and II
design), Savannah River Site, Aiken,
South Carolina, $20,000,000.
Project 99-D-143, mixed oxide fuel
fabrication facility (Title I and II
design), Savannah River Site, Aiken,
South Carolina, $26,000,000.
(D) For program direction, $51,468,000.
(3) Naval reactors.--For naval reactors, $694,600,000, to be
allocated as follows:
(A) For naval reactors development, $673,200,000, to
be allocated as follows:
(i) For operation and maintenance,
$644,500,000.
(ii) For general plant projects, $11,400,000.
(iii) For plant projects (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the
continuation of projects authorized in prior
years, and land acquisition related thereto),
$17,300,000, to be allocated as follows:
Project 01-D-200, major office
replacement building, Schenectady, New
York, $1,300,000.
Project 90-N-102, expended core
facility dry cell project, Naval
Reactors Facility, Idaho, $16,000,000.
(B) For program direction, $21,400,000.
(4) Office of Administrator for Nuclear Security.--For the
Office of the Administrator for Nuclear Security, for program
direction, $10,000,000.
[[Page 114 STAT. 1654A-448]]
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) In General.--Subject to subsection (b), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 2001 for environmental restoration and waste management activities
in carrying out programs necessary for national security in the amount
of $6,058,009,000, to be allocated as follows:
(1) Closure projects.--For closure projects carried out in
accordance with section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2836; 42 U.S.C. 7277n), $1,082,297,000.
(2) Site/project completion.--For site completion and
project completion in carrying out environmental management
activities necessary for national security programs,
$941,719,000, to be allocated as follows:
(A) For operation and maintenance, $900,175,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisition
related thereto), $41,544,000, to be allocated as
follows:
Project 01-D-402, Intec cathodic protection
system expansion, Idaho National Engineering and
Environmental Laboratory, Idaho Falls, Idaho,
$500,000.
Project 99-D-402, tank farm support services,
F&H areas, Savannah River Site, Aiken, South
Carolina, $7,714,000.
Project 99-D-404, health physics
instrumentation laboratory, Idaho National
Engineering and Environmental Laboratory, Idaho
Falls, Idaho, $4,300,000.
Project 98-D-453, plutonium stabilization and
handling system for plutonium finishing plant,
Richland, Washington, $1,690,000.
Project 97-D-470, regulatory monitoring and
bioassay laboratory, Savannah River Site, Aiken,
South Carolina, $3,949,000.
Project 96-D-471, chlorofluorocarbon heating,
ventilation, and air conditioning and chiller
retrofit, Savannah River Site, Aiken, South
Carolina, $12,512,000.
Project 92-D-140, F&H canyon exhaust upgrades,
Savannah River Site, Aiken, South Carolina,
$8,879,000.
Project 86-D-103, decontamination and waste
treatment facility, Lawrence Livermore National
Laboratory, Livermore, California, $2,000,000.
(3) Post-2006 completion.--For post-2006 completion in
carrying out environmental restoration and waste management
activities necessary for national security programs,
$3,432,457,000, to be allocated as follows:
(A) For operation and maintenance, $2,691,106,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisition
related thereto), $27,212,000, to be allocated as
follows:
[[Page 114 STAT. 1654A-449]]
Project 93-D-187, high-level waste removal
from filled waste tanks, Savannah River Site,
Aiken, South Carolina, $27,212,000.
(C) For the Office of River Protection in carrying
out environmental restoration and waste management
activities necessary for national security programs,
$714,139,000, to be allocated as follows:
(i) For operation and maintenance,
$309,619,000.
(ii) For plant projects (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the
continuation of projects authorized in prior
years, and land acquisition related thereto),
$404,520,000, to be allocated as follows:
Project 01-D-416, Tank Waste
Remediation System privatization phase
I, Richland, Washington, $332,000,000.
Project 01-D-403, immobilized high-
level waste interim storage facility,
Richland, Washington, $1,300,000.
Project 99-D-403, privatization
phase I infrastructure support,
Richland, Washington, $7,812,000.
Project 97-D-402, tank farm
restoration and safe operations,
Richland, Washington, $46,023,000.
Project 94-D-407, initial tank
retrieval systems, Richland, Washington,
$17,385,000.
(4) Science and technology development.--For science and
technology development in carrying out environmental restoration
and waste management activities necessary for national security
programs, $246,548,000.
(5) Program direction.--For program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs, $354,988,000.
(b) Adjustment.--The total amount authorized to be appropriated by
subsection (a) is the sum of the amounts authorized to be appropriated
by paragraphs (1) through (5) of that subsection, reduced by
$84,317,000, to be derived from offsets and use of prior year balances.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2001 for other defense
activities in carrying out programs necessary for national security in
the amount of $543,822,000, to be allocated as follows:
(1) Intelligence.--For intelligence, $38,059,000, to be
allocated as follows:
(A) For operation and maintenance, $36,059,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisition
related thereto), $2,000,000, to be allocated as
follows:
Project 01-D-800, Sensitive compartmented
information facility, Lawrence Livermore National
Laboratory, Livermore, California, $2,000,000.
[[Page 114 STAT. 1654A-450]]
(2) Counterintelligence.--For counterintelligence,
$45,200,000.
(3) Security and emergency operations.--For security and
emergency operations, $284,076,000, to be allocated as follows:
(A) For nuclear safeguards and security,
$124,409,000.
(B) For security investigations, $33,000,000.
(C) For emergency management, $37,300,000.
(D) For program direction, $89,367,000.
(4) Independent oversight and performance assurance.--For
independent oversight and performance assurance, $14,937,000.
(5) Environment, safety, and health.--For the Office of
Environment, Safety, and Health, $134,050,000, to be allocated
as follows:
(A) For environment, safety, and health (defense),
$86,446,000.
(B) For the Energy Employees Occupational Illness
Compensation initiative, $25,000,000.
(C) For program direction, $22,604,000.
(6) Worker and community transition assistance.--For worker
and community transition assistance, $24,500,000, to be
allocated as follows:
(A) For worker and community transition,
$21,500,000.
(B) For program direction, $3,000,000.
(7) Office of hearings and appeals.--For the Office of
Hearings and Appeals, $3,000,000.
(b) Adjustments.--The amount authorized to be appropriated pursuant
to subsection (a)(3)(B) is reduced by $20,000,000 to reflect an offset
provided by user organizations for security investigations.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2001 for privatization
initiatives in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $90,092,000, to be allocated as follows:
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $25,092,000.
Project 97-PVT-2, advanced mixed waste treatment project,
Idaho Falls, Idaho, $65,000,000.
(b) Explanation of Adjustment.--The amount authorized to be
appropriated pursuant to subsection (a) is the sum of the amounts
authorized to be appropriated for the projects in that subsection
reduced by $90,092,000 for use of prior year balances of funds for
defense environmental management privatization.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2001 for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(c)) in the amount of $112,000,000.
[[Page 114 STAT. 1654A-451]]
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to the
congressional defense committees the report referred to in subsection
(b) and a period of 30 days has elapsed after the date on which such
committees receive the report, the Secretary may not use amounts
appropriated pursuant to this title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that
program by this title; or
(B) $1,000,000 more than the amount authorized for
that program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a) is a
report containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
the proposed action.
(2) In the computation of the 30-day period under subsection (a),
there shall be excluded any day on which either House of Congress is not
in session because of an adjournment of more than 3 days to a day
certain.
(c) Limitations.--(1) In no event may the total amount of funds
obligated pursuant to this title exceed the total amount authorized to
be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used for an
item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects authorized by this
title if the total estimated cost of the construction project does not
exceed $5,000,000.
(b) Report to Congress.--If, at any time during the construction of
any general plant project authorized by this title, the estimated cost
of the project is revised because of unforeseen cost variations and the
revised cost of the project exceeds $5,000,000, the Secretary shall
immediately furnish a report to the congressional defense committees
explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or additional
obligations incurred in connection with the project above the total
estimated cost, whenever the current estimated cost of the construction
project, authorized by 3101, 3102, or 3103, or which is in support of
national security programs of the Department of Energy and was
authorized by any previous Act, exceeds by more than 25 percent the
higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted
to Congress.
(2) An action described in paragraph (1) may be taken if--
[[Page 114 STAT. 1654A-452]]
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and the
circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph (2),
there shall be excluded any day on which either House of Congress is not
in session because of an adjournment of more than 3 days to a day
certain.
(b) Exception.--Subsection (a) does not apply to a construction
project with a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy may
transfer funds authorized to be appropriated to the Department of Energy
pursuant to this title to other Federal agencies for the performance of
work for which the funds were authorized. Funds so transferred may be
merged with and be available for the same purposes and for the same time
period as the authorizations of the Federal agency to which the amounts
are transferred.
(b) Transfer Within Department of Energy.--(1) Subject to paragraph
(2), the Secretary of Energy may transfer funds authorized to be
appropriated to the Department of Energy pursuant to this title between
any such authorizations. Amounts of authorizations so transferred may be
merged with and be available for the same purposes and for the same
period as the authorization to which the amounts are transferred.
(2) Not more than 5 percent of any such authorization may be
transferred between authorizations under paragraph (1). No such
authorization may be increased or decreased by more than 5 percent by a
transfer under such paragraph.
(c) Limitations.--The authority provided by this section to transfer
authorizations--
(1) may be used only to provide funds for items relating to
activities necessary for national security programs that have a
higher priority than the items from which the funds are
transferred; and
(2) may not be used to provide funds for an item for which
Congress has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall promptly
notify the Committees on Armed Services of the Senate and House of
Representatives of any transfer of funds to or from authorizations under
this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement of Conceptual Design.--(1) Subject to paragraph (2)
and except as provided in paragraph (3), before submitting to Congress a
request for funds for a construction project that is in support of a
national security program of the Department of Energy, the Secretary of
Energy shall complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design for a
construction project exceeds $3,000,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before submitting
a request for funds for the construction project.
[[Page 114 STAT. 1654A-453]]
(3) The requirement in paragraph (1) does not apply to a request for
funds--
(A) for a construction project the total estimated cost of
which is less than $5,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the amounts
authorized by this title, the Secretary of Energy may carry out
construction design (including architectural and engineering services)
in connection with any proposed construction project if the total
estimated cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000, funds for
that design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available
to the Department of Energy pursuant to an authorization in this title,
including funds authorized to be appropriated for advance planning and
construction design under sections 3101, 3102, and 3103, to perform
planning, design, and construction activities for any Department of
Energy national security program construction project that, as
determined by the Secretary, must proceed expeditiously in order to
protect public health and safety, to meet the needs of national defense,
or to protect property.
(b) Limitation.--The Secretary may not exercise the authority under
subsection (a) in the case of any construction project until the
Secretary has submitted to the congressional defense committees a report
on the activities that the Secretary intends to carry out under this
section and the circumstances making those activities necessary.
(c) Specific Authority.--The requirement of section 3125(b)(2) does
not apply to emergency planning, design, and construction activities
conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section 3121,
amounts appropriated pursuant to this title for management and support
activities and for general plant projects are available for use, when
necessary, in connection with all national security programs of the
Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), when so
specified in an appropriations Act, amounts appropriated for operation
and maintenance or for plant projects may remain available until
expended.
(b) Exception for Program Direction Funds.--Amounts appropriated for
program direction pursuant to an authorization of appropriations in
subtitle A shall remain available to be expended only until the end of
fiscal year 2002.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management Funds.--
The Secretary of Energy shall provide the
[[Page 114 STAT. 1654A-454]]
manager of each field office of the Department of Energy with the
authority to transfer defense environmental management funds from a
program or project under the jurisdiction of the office to another such
program or project.
(b) Limitations.--(1) Only one transfer may be made to or from any
program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project under
subsection (a) may not exceed $5,000,000 in a fiscal year.
(3) A transfer may not be carried out by a manager of a field office
under subsection (a) unless the manager determines that the transfer is
necessary to address a risk to health, safety, or the environment or to
assure the most efficient use of defense environmental management funds
at the field office.
(4) Funds transferred pursuant to subsection (a) may not be used for
an item for which Congress has specifically denied funds or for a new
program or project that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later than 30
days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to a
field office of the Department of Energy, any of the following:
(A) A program referred to or a project listed in
paragraph (2) or (3) of section 3102.
(B) A program or project not described in
subparagraph (A) that is for environmental restoration
or waste management activities necessary for national
security programs of the Department, that is being
carried out by the office, and for which defense
environmental management funds have been authorized and
appropriated before the date of the enactment of this
Act.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant to
an authorization for carrying out environmental restoration and
waste management activities necessary for national security
programs.
(f ) Duration of Authority.--The managers of the field offices of
the Department may exercise the authority provided under subsection (a)
during the period beginning on October 1, 2000, and ending on September
30, 2001.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. FUNDING FOR TERMINATION COSTS OF RIVER PROTECTION PROJECT,
RICHLAND, WASHINGTON.
The Secretary of Energy may not use appropriated funds to establish
a reserve for the payment of any costs of termination of any contract
relating to the River Protection Project, Richland, Washington (as
designated by section 3141), that is terminated
[[Page 114 STAT. 1654A-455]]
after the date of the enactment of this Act. Such costs may be paid
from--
(1) appropriations originally available for the performance
of the contract concerned;
(2) appropriations currently available for privatization
initiatives in carrying out environmental restoration and waste
management activities necessary for national security programs,
and not otherwise obligated; or
(3) funds appropriated specifically for the payment of such
costs.
SEC. 3132. ENHANCED COOPERATION BETWEEN NATIONAL NUCLEAR SECURITY
ADMINISTRATION AND BALLISTIC MISSILE DEFENSE ORGANIZATION.
(a) Jointly Funded Projects.--The Secretary of Energy and the
Secretary of Defense shall modify the memorandum of understanding for
the use of the national laboratories for ballistic missile defense
programs, entered into under section 3131 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
2034; 10 U.S.C. 2431 note), to provide for jointly funded projects.
(b) Requirements for Projects.--The projects referred to in
subsection (a) shall--
(1) be carried out by the National Nuclear Security
Administration and the Ballistic Missile Defense Organization;
and
(2) contribute to sustaining--
(A) the expertise necessary for the viability of
such laboratories; and
(B) the capabilities required to sustain the nuclear
stockpile.
(c) Participation by NNSA in Certain BMDO Activities.--The
Administrator for Nuclear Security and the Director of the Ballistic
Missile Defense Organization shall implement mechanisms that increase
the cooperative relationship between those organizations. Those
mechanisms may include participation by personnel of the National
Nuclear Security Administration in the following activities of the
Ballistic Missile Defense Organization:
(1) Peer reviews of technical efforts.
(2) Activities of so-called ``red teams''.
SEC. 3133. REPROGRAMMING OF FUNDS AVAILABLE FOR INFRASTRUCTURE UPGRADES
OR MAINTENANCE IN CERTAIN ACCOUNTS OF THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) Limitation.--(1) Except as provided in paragraph (2), the
Secretary of Energy may not use amounts appropriated or otherwise made
available to the Secretary for fiscal year 2001 for the purpose of
infrastructure upgrades or maintenance in an account specified in
subsection (b) for any other purpose.
(2) Paragraph (1) does not apply to a particular amount for the
purpose of a particular infrastructure upgrade or maintenance project if
the Secretary--
(A) determines that that project is not needed by reason of
a change to, or cancellation of, a program for which that
project was intended to be used; and
(B) submits to the congressional defense committees the
report referred to in subsection (c) and a period of 45 days
[[Page 114 STAT. 1654A-456]]
elapses after the date on which such committees receive such
report.
(b) Covered Accounts.--An account referred to in subsection (a) is
any Construction account or Readiness in Technical Base and Facilities
account within any National Nuclear Security Administration budget
account.
(c) Report.--(1) The report referred to in subsection (a)(2)(B) is a
report containing a full and complete statement of--
(A) the determination of the Secretary under subsection
(a)(2)(A); and
(B) the action proposed to be taken with the particular
amount concerned and the facts and circumstances relied upon in
support of such proposed action.
(2) In the computation of the 45-day period under subsection
(a)(2)(B), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more than three
days to a day certain.
(d) Coordination With General Reprogramming Report.--If the
Secretary, in accordance with this section, submits a report referred to
in subsection (c) for the use of a particular amount, that report shall
be treated, for purposes of section 3121, as the report referred to in
subsection (b) of that section for that use of that amount.
SEC. 3134. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE LEVELS FOR
POST-SHIPMENT VERIFICATION REPORTS ON ADVANCED SUPERCOMPUTER
SALES TO CERTAIN FOREIGN NATIONS.
Section 3157 of the National Defense Authorization Act for Fiscal
Year 1998 (50 U.S.C. App. 2404 note) is amended by adding at the end the
following new subsection:
``(e) Adjustment of Performance Levels.--Whenever a new composite
theoretical performance level is established under section 1211(d), that
level shall apply for the purposes of subsection (a) of this section in
lieu of the level set forth in subsection (a).''.
SEC. 3135. MODIFICATION OF COUNTERINTELLIGENCE POLYGRAPH PROGRAM.
(a) Covered Persons.--Subsection (b) of section 3154 of the
Department of Energy Facilities Safeguards, Security, and
Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI of
Public Law 106-65; 113 Stat. 941; 42 U.S.C. 7383h) is amended to read as
follows:
``(b) Covered Persons.--(1) Subject to paragraph (2), for purposes
of this section, a covered person is one of the following:
``(A) An officer or employee of the Department.
``(B) An expert or consultant under contract to the
Department.
``(C) An officer or employee of a contractor of the
Department.
``(D) An individual assigned or detailed to the Department.
``(E) An applicant for a position in the Department.
``(2) A person described in paragraph (1) is a covered person for
purposes of this section only if the position of the person, or for
which the person is applying, under that paragraph is a position in one
of the categories of positions listed in section 709.4(a) of title 10,
Code of Federal Regulations.''.
[[Page 114 STAT. 1654A-457]]
(b) High-Risk Programs.--Subsection (c) of that section is amended
to read as follows:
``(c) High-Risk Programs.--For purposes of this section, high-risk
programs are the following:
``(1) Programs using information known as Sensitive
Compartmented Information.
``(2) The programs known as Special Access Programs and
Personnel Security and Assurance Programs.
``(3) Any other program or position category specified in
section 709.4(a) of title 10, Code of Federal Regulations.''.
(c) Authority To Waive Examination Requirement.--Subsection (d) of
that section is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraphs:
``(2) Subject to paragraph (3), the Secretary may, after
consultation with appropriate security personnel, waive the
applicability of paragraph (1) to a covered person--
``(A) if--
``(i) the Secretary determines that the waiver is
important to the national security interests of the
United States;
``(ii) the covered person has an active security
clearance; and
``(iii) the covered person acknowledges in a signed
writing that the capacity of the covered person to
perform duties under a high-risk program after the
expiration of the waiver is conditional upon meeting the
requirements of paragraph (1) within the effective
period of the waiver;
``(B) if another Federal agency certifies to the Secretary
that the covered person has completed successfully a full-scope
or counterintelligence-scope polygraph examination during the 5-
year period ending on the date of the certification; or
``(C) if the Secretary determines, after consultation with
the covered person and appropriate medical personnel, that the
treatment of a medical or psychological condition of the covered
person should preclude the administration of the examination.
``(3)(A) The Secretary may not commence the exercise of the
authority under paragraph (2) to waive the applicability of paragraph
(1) to any covered persons until 15 days after the date on which the
Secretary submits to the appropriate committees of Congress a report
setting forth the criteria to be used by the Secretary for determining
when a waiver under paragraph (2)(A) is important to the national
security interests of the United States. The criteria shall not include
the need to maintain the scientific vitality of the laboratory. The
criteria shall include an assessment of counterintelligence risks and
programmatic impacts.
``(B) Any waiver under paragraph (2)(A) shall be effective for not
more than 120 days, and a person who is subject to a waiver under
paragraph (2)(A) may not ever be subject to another waiver under
paragraph (2)(A).
``(C) Any waiver under paragraph (2)(C) shall be effective for the
duration of the treatment on which such waiver is based.
``(4) The Secretary shall submit to the appropriate committees of
Congress on a semi-annual basis a report on any determinations made
under paragraph (2)(A) during the 6-month period ending on the date of
such report. The report shall include a national
[[Page 114 STAT. 1654A-458]]
security justification for each waiver resulting from such
determinations.
``(5) In this subsection, the term `appropriate committees of
Congress' means the following:
``(A) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
``(B) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
``(6) It is the sense of Congress that the waiver authority in
paragraph (2) not be used by the Secretary to exempt from the
applicability of paragraph (1) any covered persons in the highest risk
categories, such as persons who have access to the most sensitive
weapons design information and other highly sensitive programs,
including special access programs.
``(7) The authority under paragraph (2) to waive the applicability
of paragraph (1) to a covered person shall expire on September 30,
2002.''.
(d) Scope of Counterintelligence Polygraph Examination.--Subsection
(f ) of that section is amended--
(1) by inserting ``terrorism,'' after ``sabotage,''; and
(2) by inserting ``deliberate damage to or malicious misuse
of a United States Government information or defense system,''
before ``and''.
SEC. 3136. EMPLOYEE INCENTIVES FOR EMPLOYEES AT CLOSURE PROJECT
FACILITIES.
(a) Authority to Provide Incentives.--Notwithstanding any other
provision of law, the Secretary of Energy may provide to any eligible
employee of the Department of Energy one or more of the incentives
described in subsection (d).
(b) Eligible Employees.--An individual is an eligible employee of
the Department of Energy for purposes of this section if the
individual--
(1) has worked continuously at a closure facility for at
least two years;
(2) is an employee (as that term is defined in section
2105(a) of title 5, United States Code);
(3) has a fully satisfactory or equivalent performance
rating during the most recent performance period and is not
subject to an adverse notice regarding conduct; and
(4) meets any other requirement or condition under
subsection (d) for the incentive which is provided the employee
under this section.
(c) Closure Facility Defined.--For purposes of this section, the
term ``closure facility'' means a Department of Energy facility at which
the Secretary is carrying out a closure project selected under section
3143 of the National Defense Authorization Act for Fiscal Year 1997 (42
U.S.C. 7274n).
(d) Incentives.--The incentives that the Secretary may provide under
this section are the following:
(1) The right to accumulate annual leave provided by section
6303 of title 5, United States Code, for use in succeeding years
until it totals not more than 90 days, or not more than 720
hours based on a standard work week, at the beginning of the
first full biweekly pay period, or corresponding period
[[Page 114 STAT. 1654A-459]]
for an employee who is not paid on the basis of biweekly pay
periods, occurring in a year, except that--
(A) any annual leave that remains unused when an
employee transfers to a position in a department or
agency of the Federal Government shall be liquidated
upon the transfer by payment to the employee of a lump
sum for leave in excess of 30 days, or in excess of 240
hours based on a standard work week; and
(B) upon separation from service, annual leave
accumulated under this paragraph shall be treated as any
other accumulated annual leave is treated.
(2) The right to be paid a retention allowance in a lump sum
in compliance with paragraphs (1) and (2) of section 5754(b) of
title 5, United States Code, if the employee meets the
requirements of section 5754(a) of that title, except that the
retention allowance may exceed 25 percent, but may not be more
than 30 percent, of the employee's rate of basic pay.
(e) Agreement.--An eligible employee of the Department of Energy
provided an incentive under this section shall enter into an agreement
with the Secretary to remain employed at the closure facility at which
the employee is employed as of the date of the agreement until a
specific date or for a specific period of time.
(f ) Violation of Agreement.--(1) Except as provided under paragraph
(3), an eligible employee of the Department of Energy who violates an
agreement under subsection (e), or is dismissed for cause, shall forfeit
eligibility for any incentives under this section as of the date of the
violation or dismissal, as the case may be.
(2) Except as provided under paragraph (3), an eligible employee of
the Department of Energy who is paid a retention allowance under
subsection (d)(2) and who violates an agreement under subsection (e), or
is dismissed for cause, before the end of the period or date of
employment agreed upon under such agreement shall refund to the United
States an amount that bears the same ratio to the aggregate amount so
paid to or received by the employee as the unserved part of such
employment bears to the total period of employment agreed upon under
such agreement.
(3) The Secretary may waive the applicability of paragraph (1) or
(2) to an employee otherwise covered by such paragraph if the Secretary
determines that there is good and sufficient reason for the waiver.
(g) Report.--The Secretary shall include in each report on a closure
project under section 3143(h) of the National Defense Authorization Act
for Fiscal Year 1997 a report on the incentives, if any, provided under
this section with respect to the project for the period covered by such
report.
(h) Authority With Respect to Health Coverage.--Section
8905a(d)(5)(A) of title 5, United States Code (as added by section 1106
of the Veterans Millennium Health Care and Benefits Act (Public Law 106-
117; 113 Stat. 1598)), is amended by inserting after ``readjustment''
the following: ``, or a voluntary or involuntary separation from a
Department of Energy position at a Department of Energy facility at
which the Secretary is carrying out a closure project selected under
section 3143 of the National Defense Authorization Act for Fiscal Year
1997 (42 U.S.C. 7274n)''.
(i) Authority With Respect to Voluntary Separations.--(1) The
Secretary may--
[[Page 114 STAT. 1654A-460]]
(A) separate from service any employee at a Department of
Energy facility at which the Secretary is carrying out a closure
project selected under section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n) who
volunteers to be separated under this subparagraph even though
the employee is not otherwise subject to separation due to a
reduction in force; and
(B) for each employee voluntarily separated under
subparagraph (A), retain an employee in a similar position who
would otherwise be separated due to a reduction in force.
(2) The separation of an employee under paragraph (1)(A) shall be
treated as an involuntary separation due to a reduction in force.
(3) An employee with critical knowledge and skills (as defined by
the Secretary) may not participate in a voluntary separation under
paragraph (1)(A) if the Secretary determines that such participation
would impair the performance of the mission of the Department of Energy.
( j) Termination.--The authority to provide incentives under this
section terminates on March 31, 2007.
SEC. 3137. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSITION OF
LEGACY NUCLEAR MATERIALS.
(a) Continuation.--The Secretary of Energy shall continue operations
and maintain a high state of readiness at the F-canyon and H-canyon
facilities at the Savannah River Site, Aiken, South Carolina, and shall
provide technical staff necessary to operate and so maintain such
facilities.
(b) Limitation on Use of Funds for Decommissioning of F-Canyon
Facility.--No amounts authorized to be appropriated or otherwise made
available for the Department of Energy by this or any other Act may be
obligated or expended for purposes of commencing the decommissioning of
the F-canyon facility at the Savannah River Site until the Secretary and
the Defense Nuclear Facilities Safety Board jointly submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives the following:
(1) A certification that all materials present in the F-
canyon facility as of the date of the certification are safely
stabilized.
(2) A certification whether or not the requirements
applicable to the F-canyon facility to meet the future needs of
the United States for fissile materials disposition can be met
through full use of the H-canyon facility at the Savannah River
Site.
(3) If the certification required by paragraph (2) is that
such requirements cannot be met through such use of the H-canyon
facility--
(A) an identification by the Secretary of each such
requirement that cannot be met through such use of the
H-canyon facility; and
(B) for each requirement identified in subparagraph
(A), the reasons why that requirement cannot be met
through such use of the H-canyon facility and a
description of the alternative capability for fissile
materials disposition that is needed to meet that
requirement.
[[Page 114 STAT. 1654A-461]]
(c) Plan for Transfer of Long-Term Chemical Separation Activities.--
Not later than February 15, 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 plan for the transfer of all
long-term chemical separation activities at the Savannah River Site from
the F-canyon facility to the H-canyon facility commencing in fiscal year
2002.
SEC. 3138. CONTINGENT LIMITATION ON USE OF CERTAIN FUNDS PENDING
CERTIFICATIONS OF COMPLIANCE WITH FORMERLY UTILIZED SITES
REMEDIAL ACTION PROGRAM FUNDING PROHIBITION.
(a) Contingent Limitation on Availability of Funds for Certain
Travel Expenses.--Effective November 1, 2001, but subject to subsection
(b), no funds authorized to be appropriated or otherwise made available
by this or any other Act for the Department of Energy or the Department
of the Army may be obligated or expended for travel by--
(1) the Secretary of Energy or any officer or employee of
the Office of the Secretary of Energy; or
(2) the Chief of Engineers.
(b) Effective Date.--The limitation in subsection (a) shall not take
effect if before November 1, 2001, both of the following certifications
are submitted to the congressional defense committees:
(1) A certification by the Secretary of Energy that the
Department of Energy is in compliance with the requirements of
section 3131 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 925; 10 U.S.C.
2701 note).
(2) A certification by the Chief of Engineers that the Corps
of Engineers is in compliance with the requirements of that
section.
(c) Termination.--If the limitation in subsection (a) takes effect,
the limitation shall cease to be in effect when both certifications
referred to in subsection (b) have been submitted to the congressional
defense committees.
SEC. 3139. CONCEPTUAL DESIGN FOR SUBSURFACE GEOSCIENCES LABORATORY AT
IDAHO NATIONAL ENGINEERING AND ENVIRONMENTAL LABORATORY,
IDAHO FALLS, IDAHO.
(a) Authorization.--Of the amounts authorized to be appropriated by
paragraphs (2) and (3) of section 3102(a), not more than $400,000 may be
available to the Secretary of Energy for purposes of carrying out a
conceptual design for a Subsurface Geosciences Laboratory at Idaho
National Engineering and Environmental Laboratory, Idaho Falls, Idaho.
(b) Limitation.--None of the funds authorized to be appropriated by
subsection (a) may be obligated until 60 days after the date on which
the Secretary submits the report required by subsection (c).
(c) Report.--The Secretary of Energy shall submit to the
congressional defense committees a report on the proposed Subsurface
Geosciences Laboratory. The report shall include the following:
(1) Whether there is a need to conduct mesoscale experiments
to meet long-term clean-up requirements at Department of Energy
sites.
[[Page 114 STAT. 1654A-462]]
(2) The possibility of using or modifying an existing
structure or facility to house a new capability for conducting
mesoscale experiments.
(3) The estimated construction cost of the facility.
(4) The estimated annual operating cost of the facility.
(5) How the facility will use, integrate, and support the
technical expertise, capabilities, and requirements at other
Department of Energy and non-Department of Energy facilities.
(6) An analysis of costs, savings, and benefits which are
unique to the Idaho National Engineering and Environmental
Laboratory.
SEC. 3140. REPORT ON NATIONAL IGNITION FACILITY, LAWRENCE LIVERMORE
NATIONAL LABORATORY, LIVERMORE, CALIFORNIA.
(a) New Baseline.--(1) Not more than 50 percent of the funds
available for the national ignition facility (Project 96-D-111) may be
obligated or expended until the Administrator for Nuclear Security
submits to the Committees on Armed Services of the Senate and House of
Representatives a report setting forth a new baseline plan for the
completion of the national ignition facility.
(2) The report shall include--
(A) the funding required for completion of the facility, set
forth in detail, year by year; and
(B) projected dates for the completion of program
milestones, including the date on which the first laser beams
are expected to become operational.
(b) Comptroller General Review of NIF Program.--(1) The Comptroller
General shall conduct a thorough review of the national ignition
facility program.
(2) Not later than March 31, 2001, the Comptroller General shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the review conducted under paragraph (1).
The report shall include the following:
(A) An analysis of--
(i) the role of the national ignition facility in
ensuring the safety and reliability of the nuclear
stockpile of the United States;
(ii) the relationship of the national ignition
facility program to other significant programs to
sustain the nuclear stockpile of the United States; and
(iii) the potential effect of delays in the national
ignition facility program, and of a failure to complete
significant program objectives of the program, on the
other significant programs to sustain the nuclear
stockpile of the United States, such as the Accelerated
Strategic Computing Initiative Program.
(B) A detailed description and analysis of the funds spent
as of the date of the report on the national ignition facility
program.
(C) An assessment whether the new baseline plan for the
national ignition facility program submitted under subsection
(a) includes clear goals for that program, adequate and
sustainable funding, and achievable milestones for that program.
SEC. 3141. RIVER PROTECTION PROJECT, RICHLAND, WASHINGTON.
(a) Redesignation of Project.--The tank waste remediation system
environmental project, Richland, Washington, including all
[[Page 114 STAT. 1654A-463]]
programs relating to the retrieval and treatment of tank waste at the
site at Hanford, Washington, under the management of the Office of River
Protection, shall be known and designated as the ``River Protection
Project''. Any reference to that project in any law, regulation, map,
document, record, or other paper of the United States shall be
considered to be a reference to the River Protection Project.
(b) Management and Responsibility of Office of River Protection.--
Subsection (b) of section 3139 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2250) is amended--
(1) in paragraph (2), by striking ``managing all aspects of
the'' and all that follows through the period and inserting
``managing, consistent with the policy direction established by
the Department, all aspects of the River Protection Project,
Richland, Washington.''; and
(2) by adding at the end the following new paragraph:
``(3)(A) The Assistant Secretary of Energy for Environmental
Management shall delegate in writing responsibility for the management
of the River Protection Project, Richland, Washington, to the head of
the Office.
``(B) Such delegation shall include, at a minimum, authorities for
contracting, financial management, safety, and general program
management that are equivalent to the authorities of managers of other
operations offices of the Department of Energy.
``(C) The head of the Office shall, to the maximum extent possible,
coordinate all activities of the Office with the manager of the Richland
Operations Office of the Department of Energy.''.
(c) Department Responsibilities.--Subsection (c) of such section is
amended--
(1) by striking ``manager'' and inserting ``head''; and
(2) by striking ``to manage'' and all that follows through
the period and inserting ``to carry out the responsibilities
specified in subsection (b)(2).''.
(d) Reporting to Congress.--Subsection (d) of such section is
amended to read as follows:
``(d) Report.--The Assistant Secretary of Energy for Environmental
Management shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives, not
later than 30 days after the date of the enactment of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001, a copy
of the delegation of authority required by subsection (b)(3).''.
SEC. 3142. REPORT ON TANK WASTE REMEDIATION SYSTEM, HANFORD RESERVATION,
RICHLAND, WASHINGTON.
Not later than December 15, 2000, the Secretary of Energy shall
submit to Congress a report on the Tank Waste Remediation System
project, Hanford Reservation, Richland, Washington. The report shall
include the following:
(1) A proposed plan for processing and stabilizing all
nuclear waste located in the Hanford Tank Farm.
(2) A proposed schedule for carrying out that proposed plan.
(3) The total estimated cost of carrying out that proposed
plan.
[[Page 114 STAT. 1654A-464]]
(4) A description of any alternative options to that
proposed plan and a description of the costs and benefits of
each such option.
(5) A description of the volumes and characteristics of any
wastes or materials that are not to be treated during phase 1(B)
of the project.
(6) A plan for developing, demonstrating, and implementing
advanced vitrification system technologies that can be used to
treat and stabilize any out-of-specification wastes or materials
(such as polychlorinated biphenyls) that cannot be treated and
stabilized with the technologies that are to be used during
phase 1(B) of the project.
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.
(a) Length of Term.--The term of office as Under Secretary for
Nuclear Security of the Department of Energy of the person first
appointed to that position shall be three years.
(b) Exclusive Reasons for Removal.--The exclusive reasons for
removal from office as Under Secretary for Nuclear Security of the
person described in subsection (a) shall be inefficiency, neglect of
duty, or malfeasance in office.
(c) Position Described.--The position of Under Secretary for Nuclear
Security of the Department of Energy referred to in this section is the
position established by subsection (c) of section 202 of the Department
of Energy Organization Act (42 U.S.C. 7132), as added by section 3202 of
the National Nuclear Security Administration Act (title XXXII of Public
Law 106-65; 113 Stat. 954).
SEC. 3152. MEMBERSHIP OF UNDER SECRETARY FOR NUCLEAR SECURITY ON THE
JOINT NUCLEAR WEAPONS COUNCIL.
(a) Membership.--Section 179 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking paragraph (3) and
inserting the following new paragraph (3):
``(3) The Under Secretary for Nuclear Security of the
Department of Energy.''; and
(2) in subsection (b)(2), by striking ``the representative
designated under subsection (a)(3)'' and inserting ``the Under
Secretary for Nuclear Security of the Department of Energy''.
(b) Conforming Amendment.--Section 3212 of the National Nuclear
Security Administration Act (title XXXII of Public Law 106-65; 113 Stat.
957; 50 U.S.C. 2402) is amended by adding at the end the following new
subsection:
``(e) Membership on Joint Nuclear Weapons Council.--The
Administrator serves as a member of the Joint Nuclear Weapons Council
under section 179 of title 10, United States Code.''.
[[Page 114 STAT. 1654A-465]]
SEC. 3153. ORGANIZATION PLAN FOR FIELD OFFICES OF THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) Plan Required.--Not later than May 1, 2001, the Administrator
for Nuclear Security shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a plan for assigning roles and responsibilities to and
among the headquarters and field organizational units of the National
Nuclear Security Administration.
(b) Plan Elements.--The plan shall include the following:
(1) A general description of the organizational structure of
the administrative functions of the National Nuclear Security
Administration under the plan, including the authorities and
responsibilities to be vested in the units of the headquarters,
operations offices, and area offices of the Administration.
(2) A description of any downsizing, elimination, or
consolidation of units of the headquarters, operations offices,
and area offices of the Administration that may be necessary to
enhance the efficiency of the Administration.
(3) A description of the modifications of staffing levels of
the headquarters, operations offices, and area offices of the
Administration, including any reductions in force, employment of
additional personnel, or realignments of personnel, that are
necessary to implement the plan.
(4) A schedule for the implementation of the plan.
(c) Included Facilities.--The plan shall address any administrative
units in the National Nuclear Security Administration, including units
in and under the following:
(1) The Department of Energy Headquarters, Washington,
District of Columbia, metropolitan area.
(2) The Albuquerque Operations Office, Albuquerque, New
Mexico.
(3) The Nevada Operations Office, Las Vegas, Nevada.
(4) The Oak Ridge Operations Office, Oak Ridge, Tennessee.
(5) The Oakland Operations Office, Oakland, California.
(6) The Savannah River Operations Office, Aiken, South
Carolina.
(7) The Los Alamos Area Office, Los Alamos, New Mexico.
(8) The Kirtland Area Office, Albuquerque, New Mexico.
(9) The Amarillo Area Office, Amarillo, Texas.
(10) The Kansas City Area Office, Kansas City, Missouri.
SEC. 3154. REQUIRED CONTENTS OF FUTURE-YEARS NUCLEAR SECURITY PROGRAM.
(a) Contents Required.--Subsection (b) of section 3253 of the
National Nuclear Security Administration Act (title XXXII of Public Law
106-65; 113 Stat. 966; 50 U.S.C. 2453) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting before paragraph (4) (as redesignated by
paragraph (2)) the following new paragraphs:
``(1) A detailed description of the program elements (and
the projects, activities, and construction projects associated
with each such program element) during the applicable five-
fiscal year period for at least each of the following:
``(A) For defense programs--
``(i) directed stockpile work;
[[Page 114 STAT. 1654A-466]]
``(ii) campaigns;
``(iii) readiness in technical base and
facilities; and
``(iv) secure transportation asset.
``(B) For defense nuclear nonproliferation--
``(i) nonproliferation and verification,
research, and development;
``(ii) arms control; and
``(iii) fissile materials disposition.
``(C) For naval reactors, naval reactors operations
and maintenance.
``(2) A statement of proposed budget authority, estimated
expenditures, and proposed appropriations necessary to support
each program element specified pursuant to paragraph (1).
``(3) A detailed description of how the funds identified for
each program element specified pursuant to paragraph (1) in the
budget for the Administration for each fiscal year during that
five-fiscal year period will help ensure that the nuclear
weapons stockpile is safe and reliable, as determined in
accordance with the criteria established under section 3158 of
the Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (42 U.S.C. 2121 note).''.
(b) Conforming Amendments.--Such section is further amended--
(1) by striking subsection (c);
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively; and
(3) in subsection (d), as so redesignated, by striking
``subsection (d)'' and inserting ``subsection (c)''.
SEC. 3155. FUTURE-YEARS NUCLEAR SECURITY PROGRAM FOR FISCAL YEAR 2001.
(a) Program Required.--(1) Without regard to any future-years
nuclear security program submitted before the date of the enactment of
this Act, the Administrator for Nuclear Security shall submit to the
congressional defense committees a future-years nuclear security program
(including associated annexes) for fiscal year 2001 and the five
succeeding fiscal years.
(2) The program shall reflect the estimated expenditures and
proposed appropriations included in the budget for fiscal year 2001 that
was submitted to Congress under section 1105(a) of title 31, United
States Code.
(b) Program Detail.--The level of detail of the program submitted
under subsection (a) shall be equivalent to the level of detail in the
Project Baseline Summary system of the Department of Energy, if
practicable, but in no event below the following:
(1) In the case of directed stockpile work, detail as
follows:
(A) Stockpile research and development.
(B) Stockpile maintenance.
(C) Stockpile evaluation.
(D) Dismantlement and disposal.
(E) Production support.
(F) Field engineering, training, and manuals.
(2) In the case of campaigns, detail as follows:
(A) Primary certification.
(B) Dynamic materials properties.
(C) Advanced radiography.
[[Page 114 STAT. 1654A-467]]
(D) Secondary certification and nuclear system
margins.
(E) Enhanced surety.
(F) Weapons system engineering certification.
(G) Certification in hostile environments.
(H) Enhanced surveillance.
(I) Advanced design and production technologies.
(J) Inertial confinement fusion (ICF) ignition and
high yield.
(K) Defense computing and modeling.
(L) Pit manufacturing readiness.
(M) Secondary readiness.
(N) High explosive readiness.
(O) Nonnuclear readiness.
(P) Materials readiness.
(Q) Tritium readiness.
(3) In the case of readiness in technical base and
facilities, detail as follows:
(A) Operation of facilities.
(B) Program readiness.
(C) Special projects.
(D) Materials recycle and recovery.
(E) Containers.
(F) Storage.
(4) In the case of secure transportation assets, detail as
follows:
(A) Operation and maintenance.
(B) Program direction relating to transportation.
(5) Program direction.
(6) Construction (listed by project number).
(7) In the case of safeguards and security, detail as
follows:
(A) Operation and maintenance.
(B) Construction.
(c) Deadline for Submittal.--The future-years nuclear security
program required by subsection (a) shall be submitted not later than
November 1, 2000.
(d) Limitation on Use of Funds Pending Submittal.--Not more than 65
percent of the funds appropriated pursuant to the authorization of
appropriations in section 3101(a)(1)(C) or otherwise made available to
the Department of Energy for fiscal year 2001 for program direction in
carrying out weapons activities may be obligated or expended until 45
days after the date on which the Administrator for Nuclear Security
submits to the congressional defense committees the program required by
subsection (a).
SEC. 3156. ENGINEERING AND MANUFACTURING RESEARCH, DEVELOPMENT, AND
DEMONSTRATION BY PLANT MANAGERS OF CERTAIN NUCLEAR WEAPONS
PRODUCTION PLANTS.
(a) Authority for Programs at Nuclear Weapons Productions
Facilities.--The Administrator for Nuclear Security shall authorize the
head of each nuclear weapons production facility to establish an
Engineering and Manufacturing Research, Development, and Demonstration
Program under this section.
(b) Projects and Activities.--The projects and activities carried
out through the program at a nuclear weapons production facility under
this section shall support innovative or high-risk
[[Page 114 STAT. 1654A-468]]
design and manufacturing concepts and technologies with potentially high
payoff for the nuclear weapons complex. Those projects and activities
may include--
(1) replacement of obsolete or aging design and
manufacturing technologies;
(2) development of innovative agile manufacturing techniques
and processes; and
(3) training, recruitment, or retention of essential
personnel in critical engineering and manufacturing disciplines.
(c) Funding.--The Administrator may authorize the head of each
nuclear weapons production facility to obligate up to $3,000,000 of
funds within the Advanced Design and Production Technologies Campaign
available for such facility during fiscal year 2001 to carry out
projects and activities of the program under this section at that
facility.
(d) Report.--The Administrator for Nuclear Security shall submit to
the Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, not later than September 15,
2001, a report describing, for each nuclear weapons production facility,
each project or activity for which funds were obligated under the
program, the criteria used in the selection of each such project or
activity, the potential benefits of each such project or activity, and
the Administrator's recommendation concerning whether the program should
be continued.
(e) Definition.--For purposes of this section, the term ``nuclear
weapons production facility'' has the meaning given that term in section
3281(2) of the National Nuclear Security Administration Act (title XXXII
of Public Law 106-65; 113 Stat. 968; 50 U.S.C. 2471(2)).
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.
Section 3213 of the National Nuclear Security Administration Act
(title XXXII of Public Law 106-65; 113 Stat. 958; 50 U.S.C. 2403) is
amended--
(1) in subsection (a), by striking ``Administration,'' and
all that follows through ``function of the'';
(2) in subsection (b), by striking ``, in carrying out any
function of the Administration,''; and
(3) by adding at the end the following new subsection:
``(d) Prohibition on Dual Office Holding.--Except in accordance with
sections 3212(a)(2) and 3216(a)(1):
``(1) An individual may not concurrently hold or carry out
the responsibilities of--
``(A) a position within the Administration; and
``(B) a position within the Department of Energy not
within the Administration.
``(2) No funds appropriated or otherwise made available for
any fiscal year may be used to pay, to an individual who
concurrently holds or carries out the responsibilities of a
position specified in paragraph (1)(A) and a position specified
in paragraph (1)(B), the basic pay, salary, or other
compensation relating to any such position.''.
[[Page 114 STAT. 1654A-469]]
SEC. 3158. ANNUAL PLAN FOR OBLIGATION OF FUNDS OF THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) Plan Required.--Section 3252 of the National Nuclear Security
Administration Act (title XXXII of Public Law 106-65; 113 Stat. 966; 50
U.S.C. 2452) is amended--
(1) by inserting ``(a) Procedures Required.--'' before ``The
Administrator shall''; and
(2) by adding at the end the following new subsections:
``(b) Annual Plan for Obligation of Funds.--(1) Each year, the
Administrator shall prepare a plan for the obligation of the amounts
that, in the President's budget submitted to Congress that year under
section 1105(a) of title 31, United States Code, are proposed to be
appropriated for the Administration for the fiscal year that begins in
that year (in this section referred to as the `budget year') and the two
succeeding fiscal years.
``(2) For each program element and construction line item of the
Administration, the plan shall provide the goal of the Administration
for the obligation of those amounts for that element or item for each
fiscal year of the plan, expressed as a percentage of the total amount
proposed to be appropriated in that budget for that element or item.
``(c) Submission of Plan and Report.--The Administrator shall submit
to Congress each year, at or about the time that the President's budget
is submitted to Congress under section 1105(a) of title 31, United
States Code, each of the following:
``(1) The plan required by subsection (b) prepared with
respect to that budget.
``(2) A report on the plans prepared with respect to the
preceding years' budgets, which shall include, for each goal
provided in those plans--
``(A) the assessment of the Administrator as to
whether or not that goal was met; and
``(B) if that assessment is that the goal was not
met--
``(i) the reasons why that goal was not met;
and
``(ii) the plan of the Administrator for
meeting or, if necessary, adjusting that goal.''.
(b) Effective Date of Requirement to Assess Prior Plan.--The first
report submitted under paragraph (2) of subsection (c) of such section
(as added by subsection (a)) shall be the report on the plan prepared
with respect to the budget submitted in calendar year 2001.
(c) GAO Report.--Not later than March 15, 2001, the Comptroller
General shall submit to the congressional defense committees an
assessment of the adequacy of the planning, programming, and budgeting
processes of the National Nuclear Security Administration.
SEC. 3159. AUTHORITY TO REORGANIZE NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Reorganization Authority.--Section 3212 of the National Nuclear
Security Administration Act (title XXXII of Public Law 106-65; 113 Stat.
957; 50 U.S.C. 2402) is amended by adding at the end the following new
subsection:
``(e) Reorganization Authority.--Except as provided by subsections
(b) and (c) of section 3291:
[[Page 114 STAT. 1654A-470]]
``(1) The Administrator may establish, abolish, alter,
consolidate, or discontinue any organizational unit or component
of the Administration, or transfer any function of the
Administration.
``(2) Such authority does not apply to the abolition of
organizational units or components established by law or the
transfer of functions vested by law in any organizational unit
or component.''.
(b) Conforming Amendments.--Section 643 of the Department of Energy
Organization Act (42 U.S.C. 7253) is amended--
(1) by striking ``The Secretary'' and inserting ``(a) Except
as provided in subsection (b), the Secretary''; and
(2) by adding at the end the following new subsection:
``(b) The authority of the Secretary under subsection (a) does not
apply to the National Nuclear Security Administration. The corresponding
authority that applies to the Administration is set forth in section
3212(e) of the National Nuclear Security Administration Act.''.
Subtitle E--National Laboratories Partnership Improvement
SEC. 3161. TECHNOLOGY INFRASTRUCTURE PILOT PROGRAM.
(a) Establishment.--The Administrator for Nuclear Security shall
establish a Technology Infrastructure Pilot Program in accordance with
this section.
(b) Purpose.--The purpose of the program shall be to explore new
methods of collaboration and improvements in the management and
effectiveness of collaborative programs carried out by the national
security laboratories and nuclear weapons production facilities in
partnership with private industry and institutions of higher education
and to improve the ability of those laboratories and facilities to
support missions of the Administration.
(c) Funding.--(1) Except as provided in paragraph (2), funding shall
be available for the pilot program only to the extent of specific
authorizations and appropriations enacted after the date of the
enactment of this Act.
(2) From amounts available in fiscal years 2001 and 2002 for
technology partnership programs of the Administration, the Administrator
may allocate to carry out the pilot program not more than $5,000,000.
(d) Project Requirements.--A project may not be approved for the
pilot program unless the project meets the following requirements:
(1) The participants in the project include--
(A) a national security laboratory or nuclear
weapons production facility; and
(B) one or more of the following:
(i) A business.
(ii) An institution of higher education.
(iii) A nonprofit institution.
(iv) An agency of a State, local, or tribal
government.
(2)(A) Not less than 50 percent of the costs of the project
are to be provided by non-Federal sources.
[[Page 114 STAT. 1654A-471]]
(B)(i) The calculation of the amount of the costs of the
project provided by non-Federal sources shall include cash,
personnel, services, equipment, and other resources expended on
the project.
(ii) No funds or other resources expended before the start
of the project or outside the project's scope of work may be
credited toward the costs provided by non-Federal sources to the
project.
(3) The project (other than in the case of a project under
which the participating laboratory or facility receives funding
under this section) shall be competitively selected by that
laboratory or facility using procedures determined to be
appropriate by the Administrator.
(4) No Federal funds shall be made available under this
section for--
(A) construction; or
(B) any project for more than five years.
(e) Selection Criteria.--(1) The projects selected for the pilot
program shall--
(A) stimulate the development of technology expertise and
capabilities in private industry and institutions of higher
education that can support the nuclear weapons and nuclear
nonproliferation missions of the national security laboratories
and nuclear weapons production facilities on a continuing basis;
(B) improve the ability of those laboratories and facilities
benefit from commercial research, technology, products,
processes, and services that can support the nuclear weapons and
nuclear nonproliferation missions of those laboratories and
facilities on a continuing basis; and
(C) encourage the exchange of scientific and technological
expertise between those laboratories and facilities and--
(i) institutions of higher education;
(ii) technology-related business concerns;
(iii) nonprofit institutions; and
(iv) agencies of State, tribal, or local
governments;
that can support the missions of those laboratories and
facilities.
(2) The Administrator may authorize the provision of Federal funds
for a project under this section only if the director of the laboratory
or facility managing the project determines that the project is likely
to improve the ability of that laboratory or facility to achieve
technical success in meeting nuclear weapons and nuclear
nonproliferation missions of the Administration.
(3) The Administrator shall require the director of the laboratory
or facility to consider the following criteria in selecting a project to
receive Federal funds:
(A) The potential of the project to succeed, based on its
technical merit, team members, management approach, resources,
and project plan.
(B) The potential of the project to promote the development
of a commercially sustainable technology, determined by
considering whether the project will derive sufficient demand
for its products or services from the private sector to support
the nuclear weapons and nuclear nonproliferation missions of the
participating laboratory or facility on a continuing basis.
[[Page 114 STAT. 1654A-472]]
(C) The potential of the project to promote the use of
commercial research, technology, products, processes, and
services by the participating laboratory or facility to achieve
its nuclear weapons and nuclear nonproliferation missions.
(D) The commitment shown by non-Federal organizations to the
project, based primarily on the nature and amount of the
financial and other resources they will risk on the project.
(E) The extent to which the project involves a wide variety
and number of institutions of higher education, nonprofit
institutions, and technology-related business concerns that can
support the nuclear weapons and nuclear nonproliferation
missions of the participating laboratory or facility on a
continuing basis and that will make substantive contributions to
achieving the goals of the project.
(F) The extent of participation in the project by agencies
of State, tribal, or local governments that will make
substantive contributions to achieving the goals of the project.
(G) The extent to which the project focuses on promoting the
development of technology-related business concerns that are
small business concerns or involves small business concerns
substantively in the project.
(f ) Implementation Plan.--No funds may be allocated for the pilot
program until 30 days after the date on which the Administrator submits
to the congressional defense committees a plan for the implementation of
the pilot program. The plan shall, at a minimum--
(1) identify the national security laboratories and nuclear
weapons production facilities that have been designated by the
Administrator to participate in the pilot program; and
(2) with respect to each laboratory or facility identified
under paragraph (1)--
(A) identify the businesses, institutions of higher
education, nonprofit institutions, and agencies of
State, local, or tribal government that are expected to
participate in the pilot program at that laboratory or
facility;
(B) identify the technology areas to be addressed by
the pilot program at that laboratory or facility and the
manner in which the pilot program will support high-
priority missions of that laboratory or facility on a
continuing basis; and
(C) describe the management controls that have been
put into place to ensure that the pilot program as
conducted at that laboratory or facility is conducted in
a cost-effective manner consistent with the objectives
of the pilot program.
(g) Report on Implementation.--(1) Not later than February 1, 2002,
the Administrator shall submit to the congressional defense committees a
report on the implementation and management of the pilot program. The
report shall take into consideration the results of the pilot program to
date and the views of the directors of the participating laboratories
and facilities. The report shall include any recommendations the
Administrator may have concerning the future of the pilot program.
(2) Not later than 30 days after the date on which the Administrator
submits the report required by paragraph (1), the Comptroller General
shall submit to the congressional defense committees a report containing
the Comptroller General's assessment of that report.
[[Page 114 STAT. 1654A-473]]
SEC. 3162. REPORT ON SMALL BUSINESS PARTICIPATION IN NATIONAL NUCLEAR
SECURITY ADMINISTRATION ACTIVITIES.
(a) Report Required.--Not later than February 15, 2001, the
Administrator for Nuclear Security shall submit to the congressional
defense committees a report on small business participation in the
activities of the National Nuclear Security Administration.
(b) Contents of Report.--The report shall include the following:
(1) A description of the scope and nature of the efforts of
the National Nuclear Security Administration as of the date of
the enactment of this Act to encourage or increase participation
of small business concerns in procurements, collaborative
research, technology licensing, and technology transfer
activities carried out by the national security laboratories or
nuclear weapons production facilities.
(2) An assessment of the effectiveness of those efforts in
securing products and services of value to those laboratories
and facilities.
(3) Recommendations on how to improve those efforts.
(4) An identification of legislative changes required to
implement those recommendations.
SEC. 3163. STUDY AND REPORT RELATED TO IMPROVING MISSION EFFECTIVENESS,
PARTNERSHIPS, AND TECHNOLOGY TRANSFER AT NATIONAL SECURITY
LABORATORIES AND NUCLEAR WEAPONS PRODUCTION FACILITIES.
(a) Study and Report Required.--The Secretary of Energy shall direct
the Secretary of Energy Advisory Board to study and to submit to the
Secretary not later than one year after the date of the enactment of
this Act a report regarding the following topics:
(1) The advantages and disadvantages of providing the
Administrator for Nuclear Security with authority,
notwithstanding the limitations otherwise imposed by the Federal
Acquisition Regulation, to enter into transactions with public
agencies, private organizations, or individuals on terms the
Administrator considers appropriate to the furtherance of basic,
applied, and advanced research functions. The Advisory Board
shall consider, in its assessment of this authority, the
management history of the Department of Energy and the effect of
this authority on the National Nuclear Security Administration's
use of contractors to operate the national security
laboratories.
(2) The advantages and disadvantages of establishing and
implementing policies and procedures to facilitate the transfer
of scientific, technical, and professional personnel among
national security laboratories and nuclear weapons production
facilities.
(3) The advantages and disadvantages of making changes in--
(A) the indemnification requirements for patents or
other intellectual property licensed from a national
security laboratory or nuclear weapons production
facility;
(B) the royalty and fee schedules and types of
compensation that may be used for patents or other
intellectual property licensed to a small business
concern from a national security laboratory or nuclear
weapons production facility;
[[Page 114 STAT. 1654A-474]]
(C) the licensing procedures and requirements for
patents and other intellectual property;
(D) the rights given to a small business concern
that has licensed a patent or other intellectual
property from a national security laboratory or nuclear
weapons production facility to bring suit against third
parties infringing such intellectual property;
(E) the advance funding requirements for a small
business concern funding a project at a national
security laboratory or nuclear weapons production
facility through a funds-in agreement;
(F) the intellectual property rights allocated to a
business when it is funding a project at a national
security laboratory or nuclear weapons production
facility through a funds-in agreement; and
(G) policies on royalty payments to inventors
employed by a contractor operating a national security
laboratory or nuclear weapons production facility,
including those for inventions made under a funds-in
agreement.
(b) Definition of Funds-In Agreement.--For the purposes of this
section, the term ``funds-in agreement'' means a contract between the
Department and a non-Federal organization under which that organization
pays the Department to provide a service or material not otherwise
available in the domestic private sector.
(c) Submission to Congress.--Not later than one month after
receiving the report under subsection (a), the Secretary shall submit to
Congress that report, along with the Secretary's recommendations for
action and proposals for legislation to implement the recommendations.
SEC. 3164. REPORT ON EFFECTIVENESS OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION TECHNOLOGY DEVELOPMENT PARTNERSHIPS WITH NON-
FEDERAL ENTITIES.
(a) Report Required.--The Administrator for Nuclear Security shall
submit to Congress, not later than March 1, 2001, a report on the
efficiency and effectiveness with which the National Nuclear Security
Administration and its laboratories and facilities carry out technology
development activities in partnership with non-Federal entities,
including cooperative research and development agreements. The report
shall include an examination of the following matters with respect to
the carrying out of those activities:
(1) Funding sources available to and used by the
Administration.
(2) Types of legal instruments used by the Administration,
and the extent to which they are used.
(3) Procedures used for selection of participants.
(4) Intellectual property licensing and royalty provisions.
(5) New technologies developed.
(6) The extent to which those new technologies have--
(A) commercial utility; and
(B) utility to the nuclear weapons and nuclear
nonproliferation missions of the Administration.
(b) Additional Requirements for Cooperative Research and Development
Agreements.--(1) The report required by subsection (a) shall include a
section providing the following with respect to cooperative research and
development agreements:
[[Page 114 STAT. 1654A-475]]
(A) An assessment of the advantages and disadvantages of
such agreements.
(B) Any recommendations of the Administrator regarding the
use of such agreements by the Administration in the future,
including any appropriate funding levels.
(C) Any recommendations of the Administrator regarding
legislation to make such agreements more effective in supporting
the Administration's core nuclear weapons and nuclear non-
proliferation missions.
(2) In this subsection, the term ``cooperative research and
development agreement'' has the meaning given such term in section
12(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a(d)(1)).
(c) GAO Review.--The Comptroller General shall submit to Congress,
within 30 days after the submission of the report required by subsection
(a), a report containing the Comptroller General's assessment of that
report.
SEC. 3165. DEFINITIONS.
For purposes of this subtitle, the terms ``national security
laboratory'' and ``nuclear weapons production facility'' have the
meanings given such terms in section 3281 of the National Nuclear
Security Administration Act (title XXXII of Public Law 106-65; 113 Stat.
968; 50 U.S.C. 2471).
Subtitle F--Matters Relating to Defense Nuclear Nonproliferation
SEC. 3171. ANNUAL REPORT ON STATUS OF NUCLEAR MATERIALS PROTECTION,
CONTROL, AND ACCOUNTING PROGRAM.
(a) Report Required.--Not later than January 1 of each year, the
Secretary of Energy 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 status of efforts during the preceding
fiscal year under the Nuclear Materials Protection, Control, and
Accounting Program of the Department of Energy to secure weapons-usable
nuclear materials in Russia that have been identified as being at risk
for theft or diversion.
(b) Contents.--Each report under subsection (a) shall include the
following:
(1) The number of buildings, including building locations,
that received complete and integrated materials protection,
control, and accounting systems for nuclear materials described
in subsection (a) during the year covered by such report.
(2) The amounts of highly enriched uranium and plutonium in
Russia that have been secured under systems described in
paragraph (1) as of the date of such report.
(3) The amount of nuclear materials described in subsection
(a) that continues to require securing under systems described
in paragraph (1) as of the date of such report.
(4) A plan for actions to secure the nuclear materials
identified in paragraph (3) under systems described in paragraph
(1), including an estimate of the cost of such actions.
(5) The amounts expended through the fiscal year preceding
the date of such report to secure nuclear materials described
[[Page 114 STAT. 1654A-476]]
in subsection (a) under systems described in paragraph (1), set
forth by total amount and by amount per fiscal year.
(c) Limitation on Use of Certain Funds.--(1) No amounts authorized
to be appropriated for the Department of Energy by this Act or any other
Act for purposes of the Nuclear Materials Protection, Control, and
Accounting Program may be obligated or expended after September 30,
2000, for any project under the program at a site controlled by the
Russian Ministry of Atomic Energy (MINATOM) in Russia until the
Secretary submits to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives a report
on the access policy established with respect to such project, including
a certification that the access policy has been implemented.
(2) The access policy with respect to a project under this
subsection shall--
(A) permit appropriate determinations by United States
officials regarding security requirements, including security
upgrades, for the project; and
(B) ensure verification by United States officials that
Department of Energy assistance at the project is being used for
the purposes intended.
SEC. 3172. NUCLEAR CITIES INITIATIVE.
(a) In General.--(1) The Secretary of Energy may, in accordance with
the provisions of this section, expand and enhance the activities of the
Department of Energy under the Nuclear Cities Initiative.
(2) In this section, the term ``Nuclear Cities Initiative'' means
the initiative arising pursuant to the joint statement dated July 24,
1998, signed by the Vice President of the United States and the Prime
Minister of the Russian Federation and the agreement dated September 22,
1998, between the United States and the Russian Federation.
(b) Funding for Fiscal Year 2001.--There is hereby authorized to be
appropriated for the Department of Energy for fiscal year 2001
$30,000,000 for purposes of the Nuclear Cities Initiative.
(c) Limitation Pending Submission of Agreement.--No amount
authorized to be appropriated or otherwise made available for the
Department of Energy for fiscal year 2001 for the Nuclear Cities
Initiative may be obligated or expended to provide assistance under the
Initiative for more than three nuclear cities in Russia and two serial
production facilities in Russia until 30 days after the date on which
the Secretary of Energy submits to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a copy of a written agreement between the United States
Government and the Government of the Russian Federation which provides
that Russia will close some of its facilities engaged in nuclear weapons
assembly and disassembly work.
(d) Limitation Pending Implementation of Project Review
Procedures.--(1) Not more than $8,750,000 of the amounts referred to in
subsection (b) may be obligated or expended for purposes of the
Initiative until the Secretary of Energy establishes and implements
project review procedures for projects under the Initiative and submits
to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House
[[Page 114 STAT. 1654A-477]]
of Representatives a report on the project review procedures so
established and implemented.
(2) The project review procedures established under paragraph (1)
shall ensure that any scientific, technical, or commercial project
initiated under the Initiative--
(A) will not enhance the military or weapons of mass
destruction capabilities of Russia;
(B) will not result in the inadvertent transfer or
utilization of products or activities under such project for
military purposes;
(C) will be commercially viable; and
(D) will be carried out in conjunction with an appropriate
commercial, industrial, or nonprofit entity as partner.
(e) Limitation Pending Certification and Report.--No amount in
excess of $17,500,000 authorized to be appropriated for the Department
of Energy for fiscal year 2001 for the Nuclear Cities Initiative may be
obligated or expended for purposes of providing assistance under the
Initiative until 30 days after the date on which the Secretary of Energy
submits to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives the
following:
(1) A copy of the written agreement between the United
States and the Russian Federation which provides that Russia
will close some of its facilities engaged in nuclear weapons
assembly and disassembly work within five years of the date of
the agreement in exchange for receiving assistance through the
Initiative.
(2) A certification by the Secretary--
(A) that project review procedures for all projects
under the Initiative have been established and are being
implemented; and
(B) that those procedures will ensure that any
scientific, technical, or commercial project initiated
under the Initiative--
(i) will not enhance the military or weapons
of mass destruction capabilities of Russia;
(ii) will not result in the inadvertent
transfer or utilization of products or activities
under such project for military purposes;
(iii) will be commercially viable within three
years after the date of the initiation of the
project; and
(iv) will be carried out in conjunction with
an appropriate commercial, industrial, or other
nonprofit entity as partner.
(3) A report setting forth the following:
(A) A description of the project review procedures
process.
(B) A list of the projects under the Initiative that
have been reviewed under such project review procedures.
(C) A description for each project listed under
subparagraph (B) of the purpose, expected life-cycle
costs, out-year budget costs, participants, commercial
viability, expected time for income generation, and
number of Russian jobs created.
(f ) Plan for Restructuring the Russian Nuclear Complex.--(1) The
President, acting through the Secretary of Energy, is urged to enter
into discussions with the Russian Federation
[[Page 114 STAT. 1654A-478]]
for purposes of the development by the Russian Federation of a plan to
restructure the Russian nuclear complex in order to meet changes in the
national security requirements of Russia by 2010.
(2) The plan under paragraph (1) should include the following:
(A) Mechanisms to consolidate the nuclear weapons production
capacity in Russia to a capacity that is consistent with the
obligations of Russia under current and future arms control
agreements.
(B) Mechanisms to increase transparency regarding the
restructuring of the Russian nuclear complex and weapons-surplus
nuclear materials inventories in Russia to the levels of
transparency for such matters in the United States, including
the participation of Department of Energy officials with
expertise in transparency of such matters.
(C) Measurable milestones that will permit the United States
and the Russian Federation to monitor progress under the plan.
(g) Encouragement of Careers in Nonproliferation.--(1) In carrying
out actions under this section, the Secretary of Energy may carry out a
program to encourage students in the United States and in the Russian
Federation to pursue careers in areas relating to nonproliferation.
(2) Of the amounts made available under the Initiative for fiscal
year 2001 in excess of $17,500,000, up to $2,000,000 shall be available
for purposes of the program under paragraph (1).
(3) The Administrator for Nuclear Security shall notify the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives before any funds are expended
pursuant to paragraph (2). Any such notification shall include--
(A) an identification of the amount to be expended under
paragraph (2) during fiscal year 2001;
(B) the recipients of the funds; and
(C) specific information on the activities that will be
conducted using those funds.
(h) Definitions.--In this section:
(1) The term ``nuclear city'' means any of the closed
nuclear cities within the complex of the Russian Ministry of
Atomic Energy as follows:
(A) Sarov (Arzamas-16).
(B) Zarechnyy (Penza-19).
(C) Novoural'sk (Sverdlovsk-44).
(D) Lesnoy (Sverdlovsk-45).
(E) Ozersk (Chelyabinsk-65).
(F) Snezhinsk (Chelyabinsk-70).
(G) Trechgornyy (Zlatoust-36).
(H) Seversk (Tomsk-7).
(I) Zheleznogorsk (Krasnoyarsk-26).
(J) Zelenogorsk (Krasnoyarsk-45).
(2) The term ``Russian nuclear complex'' means all of the
nuclear cities.
(3) The term ``serial production facilities'' means the
facilities in Russia that are located at the following cities:
(A) Avangard.
(B) Lesnoy (Sverdlovsk-45).
(C) Trechgornyy (Zlatoust-36).
(D) Zarechnyy (Penza-19).
[[Page 114 STAT. 1654A-479]]
SEC. 3173. DEPARTMENT OF ENERGY NONPROLIFERATION MONITORING.
(a) Report Required.--Not later than March 1, 2001, the Secretary of
Energy 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 efforts of the Department of Energy to ensure adequate oversight
and accountability of the Department's nonproliferation programs in
Russia and the potential costs and effects of the use of on-the-ground
monitoring for the Department's significant nonproliferation programs in
Russia. The report shall include the following:
(1) A detailed discussion of the current management and
oversight mechanisms used to ensure that Federal funds are
expended for the intended purposes of those programs and that
the projects are achieving their intended objectives.
(2) An evaluation of whether those mechanisms are adequate.
(3) A discussion of whether there is a need for additional
employees of the Department, or of contractors of the
Department, to be stationed in Russia, or to visit
nonproliferation project sites in Russia on a regular basis, to
monitor the programs carried out at those sites, and an estimate
of the practical considerations and costs of such monitoring.
(4) An identification of each nonproliferation program and
each site at which an employee referred to in paragraph (3)
would be placed to monitor that program.
(5) A description of the costs associated with continued on-
the-ground monitoring of those programs, including the costs
associated with placing those employees in Russia.
(6) Recommendations regarding the most cost-effective option
for the Department to pursue to ensure that Federal funds for
those programs are expended for the intended purposes of those
programs.
(7) Any recommendations of the Secretary for further
improvements in the oversight and accountability of those
programs, including any proposed legislation.
(b) GAO Report.--Not later than April 15, 2001, the Comptroller
General shall submit to the committees referred to in subsection (a) a
report setting forth the assessment of the Comptroller General
concerning the information contained in the report required by that
subsection.
SEC. 3174. SENSE OF CONGRESS ON THE NEED FOR COORDINATION OF
NONPROLIFERATION PROGRAMS.
It is the sense of Congress that there should be clear and effective
coordination among--
(1) the Nuclear Cities Initiative;
(2) the Initiatives for Proliferation Prevention program;
(3) the Cooperative Threat Reduction programs;
(4) the Nuclear Materials Protection, Control, and
Accounting Program; and
(5) the International Science and Technology Center program.
[[Page 114 STAT. 1654A-480]]
SEC. 3175. LIMITATION ON USE OF FUNDS FOR INTERNATIONAL NUCLEAR SAFETY
PROGRAM.
Amounts authorized to be appropriated or otherwise made available by
this title for the Department of Energy for fiscal year 2001 for the
International Nuclear Safety Program in the former Soviet Union and
Eastern Europe shall be available only for purposes of reactor safety
upgrades and training relating to nuclear operator and reactor safety.
Subtitle G--Other Matters
SEC. 3191. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC,
ENGINEERING, AND TECHNICAL PERSONNEL.
Section 3161(c)(1) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 42 U.S.C. 7231 note) is amended by
striking ``September 30, 2000'' and inserting ``September 30, 2002''.
SEC. 3192. BIENNIAL REPORT CONTAINING UPDATE ON NUCLEAR TEST READINESS
POSTURES.
Section 3152 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 623) is amended--
(1) by inserting ``(a) Report.--'' before ``Not later than
February 15, 1996,''; and
(2) by adding at the end the following:
``(b) Biennial Update Report.--(1) Not later than February 15 of
each odd-numbered year, the Secretary shall submit to the congressional
defense committees a report containing an update of the report required
under subsection (a), as updated by any report previously submitted
under this paragraph.
``(2) Each report under paragraph (1) shall include, as of the date
of such report, the following:
``(A) A list and description of the workforce skills and
capabilities that are essential to carry out underground nuclear
tests at the Nevada Test Site.
``(B) A list and description of the infrastructure and
physical plant that are essential to carry out underground
nuclear tests at the Nevada Test Site.
``(C) A description of the readiness status of the skills
and capabilities described in subparagraph (A) and of the
infrastructure and physical plant described in subparagraph (B).
``(3) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.''.
SEC. 3193. FREQUENCY OF REPORTS ON INADVERTENT RELEASES OF RESTRICTED
DATA AND FORMERLY RESTRICTED DATA.
(a) Frequency of Reports.--Section 3161(f )(2) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 2261; 50 U.S.C. 435 note) is amended to read as follows:
``(2) The Secretary of Energy shall, on a quarterly basis, submit a
report to the committees and Assistant to the President specified in
subsection (d). The report shall state whether any inadvertent releases
described in paragraph (1) occurred during the immediately preceding
quarter and, if so, shall identify each such release.''.
[[Page 114 STAT. 1654A-481]]
(b) Effective Date.--The amendment made by subsection (a) apply with
respect to inadvertent releases of Restricted Data and Formerly
Restricted Data that are discovered on or after the date of the
enactment of this Act.
SEC. 3194. FORM OF CERTIFICATIONS REGARDING THE SAFETY OR RELIABILITY OF
THE NUCLEAR WEAPONS STOCKPILE.
Any certification submitted to the President by the Secretary of
Defense or the Secretary of Energy regarding confidence in the safety or
reliability of a nuclear weapon type in the United States nuclear
weapons stockpile shall be submitted in classified form only.
SEC. 3195. AUTHORITY TO PROVIDE CERTIFICATE OF COMMENDATION TO
DEPARTMENT OF ENERGY AND CONTRACTOR EMPLOYEES FOR EXEMPLARY
SERVICE IN STOCKPILE STEWARDSHIP AND SECURITY.
(a) Authority To Present Certificate of Commendation.--The Secretary
of Energy may present a certificate of commendation to any current or
former employee of the Department of Energy, and any current or former
employee of a Department contractor, whose service to the Department in
matters relating to stockpile stewardship and security assisted the
Department in furthering the national security interests of the United
States.
(b) Certificate.--The certificate of commendation presented to a
current or former employee under subsection (a) shall include an
appropriate citation of the service of the current or former employee
described in that subsection, including a citation for dedication,
intellect, and sacrifice in furthering the national security interests
of the United States by maintaining a strong, safe, and viable United
States nuclear deterrent during the Cold War or thereafter.
(c) Department of Energy Defined.--For purposes of this section, the
term ``Department of Energy'' includes any predecessor agency of the
Department of Energy.
SEC. 3196. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS FOR
GOVERNMENT-OWNED, CONTRACTOR-OPERATED LABORATORIES.
(a) Strategic Plans.--Subsection (a) of section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended by
striking ``joint work statement,'' and inserting ``joint work statement
or, if permitted by the agency, in an agency-approved annual strategic
plan,''.
(b) Experimental Federal Waivers.--Subsection (b) of that section is
amended by adding at the end the following new paragraph:
``(6)(A) In the case of a laboratory that is part of the National
Nuclear Security Administration, a designated official of that
Administration may waive any license retained by the Government under
paragraph (1)(A), (2), or (3)(D), in whole or in part and according to
negotiated terms and conditions, if the designated official finds that
the retention of the license by the Government would substantially
inhibit the commercialization of an invention that would otherwise serve
an important national security mission.
``(B) The authority to grant a waiver under subparagraph (A) shall
expire on the date that is five years after the date of the enactment of
the Floyd D. Spence National Defense Authorization
[[Page 114 STAT. 1654A-482]]
Act for Fiscal Year 2001. The expiration under the preceding sentence of
authority to grant a waiver under subparagraph (A) shall not affect any
waiver granted under that subparagraph before the expiration of such
authority.
``(C) Not later than February 15 of each year, the Administrator for
Nuclear Security shall submit to Congress a report on any waivers
granted under this paragraph during the preceding year.''.
(c) Time Required for Approval.--Subsection (c)(5) of that section
is amended--
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (C);
and
(3) in subparagraph (C), as so redesignated--
(A) in clause (i)--
(i) by striking ``with a small business
firm''; and
(ii) by inserting ``if'' after ``statement'';
and
(B) by adding at the end the following new clauses:
``(iv) Any agency that has contracted with a non-Federal entity to
operate a laboratory may develop and provide to such laboratory one or
more model cooperative research and development agreements for purposes
of standardizing practices and procedures, resolving common legal
issues, and enabling review of cooperative research and development
agreements to be carried out in a routine and prompt manner.
``(v) A Federal agency may waive the requirements of clause (i) or
(ii) under such circumstances as the agency considers appropriate.''.
SEC. 3197. OFFICE OF ARCTIC ENERGY.
(a) Establishment.--The Secretary of Energy may establish within the
Department of Energy an Office of Arctic Energy.
(b) Purposes.--The purposes of such office shall be as follows:
(1) To promote research, development, and deployment of
electric power technology that is cost-effective and especially
well suited to meet the needs of rural and remote regions of the
United States, especially where permafrost is present or located
nearby.
(2) To promote research, development, and deployment in such
regions of--
(A) enhanced oil recovery technology, including
heavy oil recovery, reinjection of carbon, and extended
reach drilling technologies;
(B) gas-to-liquids technology and liquified natural
gas (including associated transportation systems);
(C) small hydroelectric facilities, river turbines,
and tidal power;
(D) natural gas hydrates, coal bed methane, and
shallow bed natural gas; and
(E) alternative energy, including wind, geothermal,
and fuel cells.
(c) Location.--The Secretary shall locate such office at a
university with expertise and experience in the matters specified in
subsection (b).
[[Page 114 STAT. 1654A-483]]
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2001,
$18,500,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
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.
SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2001, the
National Defense Stockpile Manager may obligate up to $71,000,000 of the
funds in the National Defense Stockpile Transaction Fund established
under subsection (a) of section 9 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of
such funds under subsection (b)(2) of such section, including the
disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection (a)
if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 3302. INCREASED RECEIPTS UNDER PRIOR DISPOSAL AUTHORITY.
Section 3303(a)(4) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2263; 50 U.S.C. 98d note) is amended by striking ``$590,000,000'' and
inserting ``$720,000,000''.
SEC. 3303. DISPOSAL OF TITANIUM.
(a) Disposal Required.--Notwithstanding any other provision of law,
the President shall, by September 30, 2010, dispose of 30,000 short tons
of titanium contained in the National Defense Stockpile.
(b) Treatment of Receipts.--Notwithstanding section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), of
the funds received as a result of the disposal of titanium under
subsection (a), $6,000,000 shall be transferred to the American Battle
Monuments Commission for deposit in the fund established under section
2113 of title 36, United States Code, for the World War II memorial
authorized by section 1 of Public Law
[[Page 114 STAT. 1654A-484]]
103-32 (107 Stat. 90), and the remainder shall be deposited into the
Treasury as miscellaneous receipts.
(c) World War II Memorial.--(1) The amount transferred to the
American Battle Monuments Commission under subsection (b) shall be used
to complete all necessary requirements for the design of, ground
breaking for, construction of, maintenance of, and dedication of the
World War II memorial. The Commission shall determine how the amount
shall be apportioned among such purposes.
(2) Any funds not necessary for the purposes set forth in paragraph
(1) shall be transferred to and deposited in the general fund of the
Treasury.
(d) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal authority and is in
addition to, and shall not affect, any other disposal authority provided
by law regarding materials in the National Defense Stockpile.
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.
SEC. 3401. MINIMUM PRICE OF PETROLEUM SOLD FROM CERTAIN NAVAL PETROLEUM
RESERVES.
Section 7430(b)(2) of title 10, United States Code, is amended--
(1) in the matter before subparagraph (A), by striking
``Naval Petroleum Reserves Numbered 1, 2, and 3'' and inserting
``Naval Petroleum Reserves Numbered 2 and 3''; and
(2) in subparagraph (A), by striking ``90 percent of''.
SEC. 3402. REPEAL OF AUTHORITY TO CONTRACT FOR COOPERATIVE OR UNIT PLANS
AFFECTING NAVAL PETROLEUM RESERVE NUMBERED 1.
(a) Repeal.--Section 7426 of title 10, United States Code, is
repealed.
(b) Conforming and Clerical Amendments.--(1) Section 7425 of such
title is amended by striking ``for--'' and all that follows through ``he
may acquire'' and inserting ``for exchanges of land or agreements for
conservation authorized by section 7424 of this title, the Secretary may
acquire''.
(2) Section 7428 of such title is amended by striking ``, except a
plan authorized by section 7426 of this title,''.
(3) The table of sections at the beginning of chapter 641 of such
title is amended by striking the item relating to section 7426.
(c) Savings Provision.--The repeal of section 7426 of title 10,
United States Code, shall not affect the validity of contracts that are
in effect under such section on the day before the date of the enactment
of this Act. No such contract may be extended or renewed on or after the
date of the enactment of this Act.
SEC. 3403. DISPOSAL OF OIL SHALE RESERVE NUMBERED 2.
(a) Transfer to Indian Tribe.--Section 3405 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
[[Page 114 STAT. 1654A-485]]
(10 U.S.C. 7420 note; Public Law 105-261) is amended to read as follows:
``SEC. 3405. DISPOSAL OF OIL SHALE RESERVE NUMBERED 2.
``(a) Definitions.--In this section:
``(1) NOSR-2.--The term `NOSR-2' means Oil Shale Reserve
Numbered 2, as identified on a map on file in the Office of the
Secretary of the Interior.
``(2) Moab site.--The term `Moab site' means the Moab
uranium milling site located approximately three miles northwest
of Moab, Utah, and identified in the Final Environmental Impact
Statement issued by the Nuclear Regulatory Commission in March
1996 in conjunction with Source Materials License No. SUA-917.
``(3) Map.--The term `map' means the map depicting the
boundaries of NOSR-2, to be kept on file and available for
public inspection in the offices of the Department of the
Interior.
``(4) Tribe.--The term `Tribe' means the Ute Indian Tribe of
the Uintah and Ouray Indian Reservation.
``(5) Trustee.--The term `Trustee' means the Trustee of the
Moab Mill Reclamation Trust.
``(b) Conveyance.--(1) Except as provided in paragraph (2) and
subsection (e), all right, title, and interest of the United States in
and to all Federal lands within the exterior boundaries of NOSR-2
(including surface and mineral rights) are hereby conveyed to the Tribe
in fee simple. The Secretary of Energy shall execute and file in the
appropriate office a deed or other instrument effectuating the
conveyance made by this section.
``(2) The conveyance under paragraph (1) does not include the
following:
``(A) The portion of the bed of Green River contained
entirely within NOSR-2, as depicted on the map.
``(B) The land (including surface and mineral rights) to the
west of the Green River within NOSR-2, as depicted on the map.
``(C) A \1/4\ mile scenic easement on the east side of the
Green River within NOSR-2.
``(c) Conditions on Conveyance.--(1) The conveyance under subsection
(b) is subject to valid existing rights in effect on the day before the
date of the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001.
``(2) On completion of the conveyance under subsection (b), the
United States relinquishes all management authority over the conveyed
land, including tribal activities conducted on the land.
``(3) The land conveyed to the Tribe under subsection (b) shall not
revert to the United States for management in trust status.
``(4) The reservation of the easement under subsection (b)(2)(C)
shall not affect the right of the Tribe to use and maintain access to
the Green River through the use of the road within the easement, as
depicted on the map.
``(5) Each withdrawal that applies to NOSR-2 and that is in effect
on the date of the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 is revoked to the extent that the
withdrawal applies to NOSR-2.
``(6) Notwithstanding that the land conveyed to the Tribe under
subsection (b) shall not be part of the reservation of the Tribe,
[[Page 114 STAT. 1654A-486]]
such land shall be deemed to be part of the reservation of the Tribe for
the purposes of criminal and civil jurisdiction.
``(d) Administration of Unconveyed Land and Interests in Land.--(1)
The land and interests in land excluded by subparagraphs (A) and (B) of
subsection (b)(2) from conveyance under subsection (b) shall be
administered by the Secretary of the Interior in accordance with the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
``(2) Not later than three years after the date of the enactment of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001, the Secretary of the Interior shall submit to Congress a land use
plan for the management of the land and interests in land referred to in
paragraph (1).
``(3) There are authorized to be appropriated to the Secretary of
the Interior such sums as are necessary to carry out this subsection.
``(e) Royalty.--(1) Notwithstanding the conveyance under subsection
(b), the United States retains a nine percent royalty interest in the
value of any oil, gas, other hydrocarbons, and all other minerals that
are produced, saved, and sold from the conveyed land during the period
beginning on the date of the conveyance and ending on the date the
Secretary of Energy releases the royalty interest under subsection (i).
``(2) The royalty payments shall be made by the Tribe or its
designee to the Secretary of Energy during the period that the oil, gas,
hydrocarbons, or minerals are being produced, saved, sold, or extracted.
The Secretary of Energy shall retain and use the payments in the manner
provided in subsection (i)(3).
``(3) The royalty interest retained by the United States under this
subsection does not include any development, production, marketing, and
operating expenses.
``(4) The Tribe shall submit to the Secretary of Energy and to
Congress an annual report on resource development and other activities
of the Tribe concerning the conveyance under subsection (b).
``(5) Not later than five years after the date of the enactment of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001, and every five years thereafter, the Tribe shall obtain an audit
of all resource development activities of the Tribe concerning the
conveyance under subsection (b), as provided under chapter 75 of title
31, United States Code. The results of each audit under this paragraph
shall be included in the next annual report submitted under paragraph
(4).
``(f ) River Management.--(1) The Tribe shall manage, under Tribal
jurisdiction and in accordance with ordinances adopted by the Tribe,
land of the Tribe that is adjacent to, and within \1/4\ mile of, the
Green River in a manner that--
``(A) maintains the protected status of the land; and
``(B) is consistent with the government-to-government
agreement and in the memorandum of understanding dated February
11, 2000, as agreed to by the Tribe and the Secretary of the
Interior.
``(2) An ordinance referred to in paragraph (1) shall not impair,
limit, or otherwise restrict the management and use of any land that is
not owned, controlled, or subject to the jurisdiction of the Tribe.
[[Page 114 STAT. 1654A-487]]
``(3) An ordinance adopted by the Tribe and referenced in the
government-to-government agreement may not be repealed or amended
without the written approval of both the Tribe and the Secretary of the
Interior.
``(g) Plant Species.--(1) In accordance with a government-to-
government agreement between the Tribe and the Secretary of the
Interior, in a manner consistent with levels of legal protection in
effect on the date of the enactment of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001, the Tribe shall protect,
under ordinances adopted by the Tribe, any plant species that is--
``(A) listed as an endangered species or threatened species
under section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533); and
``(B) located or found on the NOSR-2 land conveyed to the
Tribe.
``(2) The protection described in paragraph (1) shall be performed
solely under tribal jurisdiction.
``(h) Horses.--(1) The Tribe shall manage, protect, and assert
control over any horse not owned by the Tribe or tribal members that is
located or found on the NOSR-2 land conveyed to the Tribe in a manner
that is consistent with Federal law governing the management,
protection, and control of horses in effect on the date of the enactment
of the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001.
``(2) The management, control, and protection of horses described in
paragraph (1) shall be performed solely--
``(A) under tribal jurisdiction; and
``(B) in accordance with a government-to-government
agreement between the Tribe and the Secretary of the Interior.
``(i) Remedial Action at Moab Site.--(1)(A) The Secretary of Energy
shall prepare a plan for remediation, including ground water
restoration, of the Moab site in accordance with title I of the Uranium
Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7911 et seq.).
The Secretary of Energy shall enter into arrangements with the National
Academy of Sciences to obtain the technical advice, assistance, and
recommendations of the National Academy of Sciences in objectively
evaluating the costs, benefits, and risks associated with various
remediation alternatives, including removal or treatment of radioactive
or other hazardous materials at the site, ground water restoration, and
long-term management of residual contaminants. If the Secretary prepares
a remediation plan that is not consistent with the recommendations of
the National Academy of Sciences, the Secretary shall submit to Congress
a report explaining the reasons for deviation from the National Academy
of Sciences' recommendations.
``(B) The remediation plan required by subparagraph (A) shall be
completed not later than one year after the date of the enactment of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001,
and the Secretary of Energy shall commence remedial action at the Moab
site as soon as practicable after the completion of the plan.
``(C) The license for the materials at the Moab site issued by the
Nuclear Regulatory Commission shall terminate one year after the date of
the enactment of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001, unless the Secretary of Energy determines that the
license may be terminated earlier.
[[Page 114 STAT. 1654A-488]]
Until the license is terminated, the Trustee, subject to the
availability of funds appropriated specifically for a purpose described
in clauses (i) through (iii) or made available by the Trustee from the
Moab Mill Reclamation Trust, may carry out--
``(i) interim measures to reduce or eliminate localized high
ammonia concentrations in the Colorado River, identified by the
United States Geological Survey in a report dated March 27,
2000;
``(ii) activities to dewater the mill tailings at the Moab
site; and
``(iii) other activities related to the Moab site, subject
to the authority of the Nuclear Regulatory Commission and in
consultation with the Secretary of Energy.
``(D) As part of the remediation plan for the Moab site required by
subparagraph (A), the Secretary of Energy shall develop, in consultation
with the Trustee, the Nuclear Regulatory Commission, and the State of
Utah, an efficient and legal means for transferring all responsibilities
and title to the Moab site and all the materials therein from the
Trustee to the Department of Energy.
``(2) The Secretary of Energy shall limit the amounts expended in
carrying out the remedial action under paragraph (1) to--
``(A) amounts specifically appropriated for the remedial
action in an appropriation Act; and
``(B) other amounts made available for the remedial action
under this subsection.
``(3)(A) The royalty payments received by the Secretary of Energy
under subsection (e) shall be available to the Secretary, without
further appropriation, to carry out the remedial action under paragraph
(1) until such time as the Secretary determines that all costs incurred
by the United States to carry out the remedial action (other than costs
associated with long-term monitoring) have been paid.
``(B) Upon making the determination referred to in subparagraph (A),
the Secretary of Energy shall transfer all remaining royalty amounts to
the general fund of the Treasury and release to the Tribe the royalty
interest retained by the United States under subsection (e).
``(4)(A) Funds made available to the Department of Energy for
national security activities shall not be used to carry out the remedial
action under paragraph (1), except that the Secretary of Energy may use
such funds for program direction directly related to the remedial
action.
``(B) There are authorized to be appropriated to the Secretary of
Energy to carry out the remedial action under paragraph (1) such sums as
are necessary.
``(5) If the Moab site is sold after the date on which the Secretary
of Energy completes the remedial action under paragraph (1), the seller
shall pay to the Secretary of Energy, for deposit in the general fund of
the Treasury, the portion of the sale price that the Secretary
determines resulted from the enhancement of the value of the Moab site
as a result of the remedial action. The enhanced value of the Moab site
shall be equal to the difference between--
``(A) the fair market value of the Moab site on the date of
the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, based on information
available on that date; and
[[Page 114 STAT. 1654A-489]]
``(B) the fair market value of the Moab site, as appraised
on completion of the remedial action.''.
(b) Uranium Mill Tailings.--Section 102 of the Uranium Mill Tailings
Radiation Control Act of 1978 (42 U.S.C. 7912) is amended by adding at
the end the following new subsection:
``(f ) Designation of Moab Site as Processing Site.--
``(1) Designation.--Notwithstanding any other provision of
law, the Moab uranium milling site (referred to in this
subsection as the `Moab site') located approximately three miles
northwest of Moab, Utah, and identified in the Final
Environmental Impact Statement issued by the Nuclear Regulatory
Commission in March 1996 in conjunction with Source Materials
License No. SUA-917, is designated as a processing site.
``(2) Applicability.--This title applies to the Moab site in
the same manner and to the same extent as to other processing
sites designated under subsection (a), except that--
``(A) sections 103, 104(b), 107(a), 112(a), and
115(a) of this title shall not apply; and
``(B) a reference in this title to the date of the
enactment of this Act shall be treated as a reference to
the date of the enactment of this subsection.
``(3) Remediation.--Subject to the availability of
appropriations for this purpose, the Secretary shall conduct
remediation at the Moab site in a safe and environmentally sound
manner that takes into consideration the remedial action plan
prepared pursuant to section 3405(i) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (10
U.S.C. 7420 note; Public Law 105-261), including--
``(A) ground water restoration; and
``(B) the removal, to a site in the State of Utah,
for permanent disposition and any necessary
stabilization, of residual radioactive material and
other contaminated material from the Moab site and the
floodplain of the Colorado River.''.
(c) Conforming Amendment.--Section 3406 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420
note; Public Law 105-261) is amended by adding at the end the following
new subsection:
``(f ) Oil Shale Reserve Numbered 2.--This section does not apply to
the transfer of Oil Shale Reserve Numbered 2 under section 3405.''.
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.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001.
Funds are hereby authorized to be appropriated for fiscal year 2001,
to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation for
the Maritime Administration as follows:
[[Page 114 STAT. 1654A-490]]
(1) For expenses necessary for operations and training
activities, $94,260,000.
(2) For expenses under the loan guarantee program authorized
by title XI of the Merchant Marine Act, 1936 (46 App. U.S.C.
1271 et seq.), $54,179,000, of which--
(A) $50,000,000 is for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5))) of loan guarantees under the
program; and
(B) $4,179,000 is for administrative expenses
related to loan guarantee commitments under the program.
SEC. 3502. SCRAPPING OF NATIONAL DEFENSE RESERVE FLEET VESSELS.
(a) Extension of Scrapping Authority Under National Maritime
Heritage Act of 1994.--Section 6(c)(1) of the National Maritime Heritage
Act of 1994 (16 U.S.C. 5405(c)(1)) is amended--
(1) in subparagraph (A) by striking ``2001'' and inserting
``2006''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) in the manner that provides the best value to
the Government, except in any case in which obtaining
the best value would require towing a vessel and such
towing poses a serious threat to the environment; and''.
(b) Selection of Scrapping Facilities.--The Secretary of
Transportation may scrap obsolete vessels pursuant to section 6(c)(1) of
the National Maritime Heritage Act of 1994 (16 U.S.C. 5405(c)(1))
through qualified scrapping facilities, using the most expeditious
scrapping methodology and location practicable. Scrapping facilities
shall be selected under that section on a best value basis consistent
with the Federal Acquisition Regulation, as in effect on the date of the
enactment of this Act, without any predisposition toward foreign or
domestic facilities taking into consideration, among other things, the
ability of facilities to scrap vessels--
(1) at least cost to the Government;
(2) in a timely manner;
(3) giving consideration to worker safety and the
environment; and
(4) in a manner that minimizes the geographic distance that
a vessel must be towed when towing a vessel poses a serious
threat to the environment.
(c) Limitation on Scrapping Before Program.--
(1) In general.--Until the report required by subsection
(d)(1) is transmitted to the congressional committees referred
to in that subsection, the Secretary may not proceed with the
scrapping of any vessel in the National Defense Reserve Fleet
except the following:
(A) DONNER.
(B) EXPORT COMMERCE.
(C) BUILDER.
(D) ALBERT E. WATTS.
(E) WAYNE VICTORY.
(F) MORMACDAWN.
(G) MORMACMOON.
(H) SANTA ELENA.
(I) SANTA ISABEL.
(J) SANTA CRUZ.
[[Page 114 STAT. 1654A-491]]
(K) PROTECTOR.
(L) LAUDERDALE.
(N) PVT. FRED C. MURPHY.
(M) BEAUJOLAIS.
(O) MEACHAM.
(P) NEACO.
(Q) WABASH.
(R) NEMASKET.
(S) MIRFAK.
(T) GEN. ALEX M. PATCH.
(U) ARTHUR M. HUDDELL.
(V) WASHINGTON.
(W) SUFFOLK COUNTY.
(X) CRANDALL.
(Y) CRILLEY.
(Z) RIGEL.
(AA) VEGA.
(BB) COMPASS ISLAND.
(CC) EXPORT CHALLENGER.
(DD) PRESERVER.
(EE) MARINE FIDDLER.
(FF) WOOD COUNTY.
(GG) CATAWBA VICTORY.
(HH) GEN. NELSON M. WALKER.
(II) LORAIN COUNTY.
(JJ) LYNCH.
(KK) MISSION SANTA YNEZ.
(LL) CALOOSAHATCHEE.
(MM) CANISTEO.
(2) Prioritization.--The Secretary shall exercise discretion
to prioritize for scrapping those vessels identified in
paragraph (1) that pose the most immediate threat to the
environment.
(d) Scrapping Program for Obsolete National Defense Reserve Fleet
Vessels.--
(1) Development of program; report.--The Secretary of
Transportation, in consultation with the Secretary of the Navy
and the Administrator of the Environmental Protection Agency,
shall within 6 months after the date of the enactment of this
Act--
(A) develop a program for the scrapping of obsolete
National Defense Reserve Fleet vessels; and
(B) submit a report on the program to the Committee
on Transportation and Infrastructure and the Committee
on Resources of the House of Representatives, the
Committee on Commerce, Science, and Transportation of
the Senate, and the Committees on Armed Services of the
House of Representatives and the Senate.
(2) Contents of report.--The report shall include
information concerning the initial determination of scrapping
capacity, both domestically and abroad, appropriate proposed
regulations to implement the program, funding and staffing
requirements, milestone dates for the disposal of each obsolete
vessel, and longterm cost estimates for the program.
(3) Alternatives.--In developing the program, the Secretary
of Transportation, in consultation with the Secretary
[[Page 114 STAT. 1654A-492]]
of the Navy and the Administrator of the Environmental
Protection Agency, shall consider all alternatives and available
information, including--
(A) alternative scrapping sites;
(B) vessel donations;
(C) sinking of vessels in deep water;
(D) sinking vessels for development of artificial
reefs;
(E) sales of vessels before they become obsolete;
(F) results from the Navy Ship Disposal Program
under section 8124 of the Department of Defense
Appropriations Act, 1999; and
(G) the Report of the Department of Defense's
Interagency Panel on Ship Scrapping issued in April
1998.
(e) Report.--Not later than 1 year after the date of the enactment
of this Act, and every 6 months thereafter, the Secretary of
Transportation, in coordination with the Secretary of the Navy, shall
report to the Committee on Transportation and Infrastructure and the
Committee on Resources of the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the Committees
on Armed Services of the House of Representatives and the Senate on the
progress of the vessel scrapping program developed under subsection
(d)(1) and on the progress of any other scrapping of obsolete
Government-owned vessels.
(f ) Presidential Recommendation.--The President shall transmit with
the report required by subsection (d)(1) a recommendation on--
(1) whether it is necessary to amend the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.) or any other environmental
statute or regulatory requirements relevant to the disposal of
vessels described in section 6(c)(2) of the National Maritime
Heritage Act of 1994 (16 U.S.C. 5405(c)(2)) by September 30,
2006; and
(2) any proposed changes to those requirements to carry out
such disposals.
SEC. 3503. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL,
GLACIER.
(a) Authority To Convey.--The Secretary of Transportation (in this
section referred to as ``the Secretary'') may, subject to subsection
(b), convey all right, title, and interest of the United States
Government in and to the vessel in the National Defense Reserve Fleet
that was formerly the U.S.S. GLACIER (United States official number AGB-
4) to the Glacier Society, Inc., a corporation established under the
laws of the State of Connecticut that is located in Bridgeport,
Connecticut (in this section referred to as the ``recipient'').
(b) Terms of Conveyance.--
(1) Required conditions.--The Secretary may not convey a
vessel under this section unless the recipient--
(A) agrees to use the vessel for the purpose of a
monument to the accomplishments of members of the Armed
Forces of the United States, civilians, scientists, and
diplomats in exploration of the Arctic and the
Antarctic;
(B) agrees that the vessel will not be used for
commercial purposes;
[[Page 114 STAT. 1654A-493]]
(C) agrees to make the vessel available to the
Government if the Secretary requires use of the vessel
by the Government for war or national emergency;
(D) agrees to hold the Government harmless for any
claims arising from exposure to asbestos,
polychlorinated biphenyls, or lead paint after the
conveyance of the vessel, except for claims arising from
use of the vessel by the Government pursuant to the
agreement under subparagraph (C); and
(E) provides sufficient evidence to the Secretary
that it has available for use to restore the vessel, in
the form of cash, liquid assets, or a written loan
commitment, financial resources of at least $100,000.
(2) Delivery of vessel.--If the Secretary conveys the vessel
under this section, the Secretary shall deliver the vessel--
(A) at the place where the vessel is located on the
date of conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States Government.
(3) Additional terms.--The Secretary may require such
additional terms in connection with the conveyance authorized by
this section as the Secretary considers appropriate.
(c) Other Unneeded Equipment.--If the Secretary conveys the vessel
under this section, the Secretary may also convey to the recipient any
unneeded equipment from other vessels in the National Defense Reserve
Fleet or Government storage facilities for use to restore the vessel to
museum quality or to its original configuration (or both).
(d) Retention of Vessel in NDRF.--The Secretary shall retain in the
National Defense Reserve Fleet the vessel authorized to be conveyed
under this section until the earlier of--
(1) 2 years after the date of the enactment of this Act; or
(2) the date of the conveyance of the vessel under this
section.
SEC. 3504. MARITIME INTERMODAL RESEARCH.
Section 8 of Public Law 101-115 (46 U.S.C. App. 1121-2) is amended
by adding at the end thereof the following:
``(f ) University Transportation Research Funds.--
``(1) In general.--The Secretary may make a grant under
section 5505 of title 49, United States Code, to an institute
designated under subsection (a) for maritime and maritime
intermodal research under that section as if the institute were
a university transportation center.
``(2) Advice and consultation of marad.--In making a grant
under the authority of paragraph (1), the Secretary, through the
Research and Special Programs Administration, shall advise the
Maritime Administration concerning the availability of funds for
the grants, and consult with the Administration on the making of
the grants.''.
SEC. 3505. MARITIME RESEARCH AND TECHNOLOGY DEVELOPMENT.
(a) In General.--The Secretary of Transportation shall conduct a
study of maritime research and technology development, and
[[Page 114 STAT. 1654A-494]]
report its findings and conclusions, together with any recommendations
it finds appropriate, to the Congress within 9 months after the date of
the enactment of this Act.
(b) Required Areas of Study.--The Secretary shall include the
following items in the report required by subsection (a):
(1) The approximate dollar values appropriated by the
Congress for each of the 5 fiscal years ending before the study
is commenced for each of the following modes of transportation:
(A) Highway.
(B) Rail.
(C) Aviation.
(D) Public transit.
(E) Maritime.
(2) A description of how Federal funds appropriated for
research in the different transportation modes are utilized.
(3) A summary and description of current research and
technology development funds appropriated for each of those
fiscal years for maritime research initiatives, with separate
categories for funds provided to the Coast Guard for marine
safety research purposes.
(4) A description of cooperative mechanisms that could be
used to attract and leverage non-federal investments in United
States maritime research and technology development and
application programs, including the potential for the creation
of maritime transportation research centers and the benefits of
cooperating with existing surface transportation research
centers.
(5) Proposals for research and technology development
funding to facilitate the evolution of Maritime Transportation
System.
(c) Authorization of Appropriations.--Of the amounts authorized to
be appropriated under section 3401 for operations and training, $100,000
is authorized to carry out this section.
SEC. 3506. REPORTING OF ADMINISTERED AND OVERSIGHT FUNDS.
The Maritime Administration, in its annual report to the Congress
under section 208 of the Merchant Marine Act, 1936 (46 U.S.C. App.
1118), and in its annual budget estimate submitted to the Congress,
shall state separately the amount, source, intended use, and nature of
any funds (other than funds appropriated to the Administration or to the
Secretary of Transportation for use by the Administration) administered,
or subject to oversight, by the Administration.
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.
[[Page 114 STAT. 1654A-495]]
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. 3601. SHORT TITLE.
This title may be cited as the ``Energy Employees Occupational
Illness Compensation Program Act of 2000''.
SEC. 3602. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) Since World War II, Federal nuclear activities have been
explicitly recognized under Federal law as activities that are
ultra-hazardous. Nuclear weapons production and testing have
involved unique dangers, including potential catastrophic
nuclear accidents that private insurance carriers have not
covered and recurring exposures to radioactive substances and
beryllium that, even in small amounts, can cause medical harm.
(2) Since the inception of the nuclear weapons program and
for several decades afterwards, a large number of nuclear
weapons workers at sites of the Department of Energy and at
sites of vendors who supplied the Cold War effort were put at
risk without their knowledge and consent for reasons that,
documents reveal, were driven by fears of adverse publicity,
liability, and employee demands for hazardous duty pay.
(3) Many previously secret records have documented
unmonitored exposures to radiation and beryllium and continuing
problems at these sites across the Nation, at which the
Department of Energy and its predecessor agencies have been,
since World War II, self-regulating with respect to nuclear
safety and occupational safety and health. No other hazardous
Federal activity has been permitted to be carried out under such
sweeping powers of self-regulation.
(4) The policy of the Department of Energy has been to
litigate occupational illness claims, which has deterred workers
[[Page 114 STAT. 1654A-496]]
from filing workers' compensation claims and has imposed major
financial burdens for such employees who have sought
compensation. Contractors of the Department have been held
harmless and the employees have been denied workers'
compensation coverage for occupational disease.
(5) Over the past 20 years, more than two dozen scientific
findings have emerged that indicate that certain of such
employees are experiencing increased risks of dying from cancer
and non-malignant diseases. Several of these studies have also
established a correlation between excess diseases and exposure
to radiation and beryllium.
(6) While linking exposure to occupational hazards with the
development of occupational disease is sometimes difficult,
scientific evidence supports the conclusion that occupational
exposure to dust particles or vapor of beryllium can cause
beryllium sensitivity and chronic beryllium disease.
Furthermore, studies indicate than 98 percent of radiation-
induced cancers within the nuclear weapons complex have occurred
at dose levels below existing maximum safe thresholds.
(7) Existing information indicates that State workers'
compensation programs do not provide a uniform means of ensuring
adequate compensation for the types of occupational illnesses
and diseases that relate to the employees at those sites.
(8) To ensure fairness and equity, the civilian men and
women who, over the past 50 years, have performed duties
uniquely related to the nuclear weapons production and testing
programs of the Department of Energy and its predecessor
agencies should have efficient, uniform, and adequate
compensation for beryllium-related health conditions and
radiation-related health conditions.
(9) On April 12, 2000, the Secretary of Energy announced
that the Administration intended to seek compensation for
individuals with a broad range of work-related illnesses
throughout the Department of Energy's nuclear weapons complex.
(10) However, as of October 2, 2000, the Administration has
failed to provide Congress with the necessary legislative and
budget proposals to enact the promised compensation program.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a program should be established to provide compensation
to covered employees;
(2) a fund for payment of such compensation should be
established on the books of the Treasury;
(3) payments from that fund should be made only after--
(A) the identification of employees of the
Department of Energy (including its predecessor
agencies), and of contractors of the Department, who may
be members of the group of covered employees;
(B) the establishment of a process to receive and
administer claims for compensation for disability or
death of covered employees;
(C) the submittal by the President of a legislative
proposal for compensation of such employees that
includes the estimated annual budget resources for that
compensation; and
[[Page 114 STAT. 1654A-497]]
(D) consideration by the Congress of the legislative
proposal submitted by the President; and
(4) payments from that fund should commence not later than
fiscal year 2002.
Subtitle A--Establishment of Compensation Program and Compensation Fund
SEC. 3611. ESTABLISHMENT OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.
(a) Program Established.--There is hereby established a program to
be known as the ``Energy Employees Occupational Illness Compensation
Program'' (in this title referred to as the ``compensation program'').
The President shall carry out the compensation program through one or
more Federal agencies or officials, as designated by the President.
(b) Purpose of Program.--The purpose of the compensation program is
to provide for timely, uniform, and adequate compensation of covered
employees and, where applicable, survivors of such employees, suffering
from illnesses incurred by such employees in the performance of duty for
the Department of Energy and certain of its contractors and
subcontractors.
(c) Eligibility for Compensation.--The eligibility of covered
employees for compensation under the compensation program shall be
determined in accordance with the provisions of subtitle B as may be
modified by a law enacted after the date of the submittal of the
proposal for legislation required by section 3613.
SEC. 3612. ESTABLISHMENT OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION FUND.
(a) Establishment.--There is hereby established on the books of the
Treasury a fund to be known as the ``Energy Employees Occupational
Illness Compensation Fund'' (in this title referred to as the
``compensation fund'').
(b) Amounts in Compensation Fund.--The compensation fund shall
consist of the following amounts:
(1) Amounts appropriated to the compensation fund pursuant
to the authorization of appropriations in section 3614(b).
(2) Amounts transferred to the compensation fund under
subsection (c).
(c) Financing of Compensation Fund.--Upon the exhaustion of amounts
in the compensation fund attributable to the authorization of
appropriations in section 3614(b), the Secretary of the Treasury shall
transfer directly to the compensation fund from the General Fund of the
Treasury, without further appropriation, such amounts as are further
necessary to carry out the compensation program.
(d) Use of Compensation Fund.--Subject to subsection (e), amounts in
the compensation fund shall be used to carry out the compensation
program.
(e) Administrative Costs Not Paid From Compensation Fund.--No cost
incurred in carrying out the compensation program, or in administering
the compensation fund, shall be paid from the compensation fund or set
off against or otherwise deducted from any payment to any individual
under the compensation program.
[[Page 114 STAT. 1654A-498]]
(f ) Investment of Amounts in Compensation Fund.--Amounts in the
compensation fund shall be invested in accordance with section 9702 of
title 31, United States Code, and any interest on, and proceeds from,
any such investment shall be credited to and become a part of the
compensation fund.
SEC. 3613. LEGISLATIVE PROPOSAL.
(a) Legislative Proposal Required.--Not later than March 15, 2001,
the President shall submit to Congress a proposal for legislation to
implement the compensation program. The proposal for legislation shall
include, at a minimum, the specific recommendations (including draft
legislation) of the President for the following:
(1) The types of compensation and benefits, including lost
wages, medical benefits, and any lump-sum settlement payments,
to be provided under the compensation program.
(2) Any adjustments or modifications necessary to
appropriately administer the compensation program under subtitle
B.
(3) Whether to expand the compensation program to include
other illnesses associated with exposure to toxic substances.
(4) Whether to expand the class of individuals who are
members of the Special Exposure Cohort (as defined in section
3621(14)).
(b) Assessment of Potential Covered Employees and Required
Amounts.--The President shall include with the proposal for legislation
under subsection (a) the following:
(1) An estimate of the number of covered employees that the
President determines were exposed in the performance of duty.
(2) An estimate, for each fiscal year of the compensation
program, of the amounts to be required for compensation and
benefits anticipated to be provided in such fiscal year under
the compensation program.
SEC. 3614. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Pursuant to the authorization of appropriations in
section 3103(a), $25,000,000 may be used for purposes of carrying out
this title.
(b) Compensation Fund.--There is hereby authorized to be
appropriated $250,000,000 to the Energy Employees Occupational Illness
Compensation Fund established by section 3612.
Subtitle B--Program Administration
SEC. 3621. DEFINITIONS FOR PROGRAM ADMINISTRATION.
In this title:
(1) The term ``covered employee'' means any of the
following:
(A) A covered beryllium employee.
(B) A covered employee with cancer.
(C) To the extent provided in section 3627, a
covered employee with chronic silicosis (as defined in
that section).
(2) The term ``atomic weapon'' has the meaning given that
term in section 11 d. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(d)).
[[Page 114 STAT. 1654A-499]]
(3) The term ``atomic weapons employee'' means an individual
employed by an atomic weapons employer during a period when the
employer was processing or producing, for the use by the United
States, material that emitted radiation and was used in the
production of an atomic weapon, excluding uranium mining and
milling.
(4) The term ``atomic weapons employer'' means an entity,
other than the United States, that--
(A) processed or produced, for use by the United
States, material that emitted radiation and was used in
the production of an atomic weapon, excluding uranium
mining and milling; and
(B) is designated by the Secretary of Energy as an
atomic weapons employer for purposes of the compensation
program.
(5) The term ``atomic weapons employer facility'' means a
facility, owned by an atomic weapons employer, that is or was
used to process or produce, for use by the United States,
material that emitted radiation and was used in the production
of an atomic weapon, excluding uranium mining or milling.
(6) The term ``beryllium vendor'' means any of the
following:
(A) Atomics International.
(B) Brush Wellman, Incorporated, and its
predecessor, Brush Beryllium Company.
(C) General Atomics.
(D) General Electric Company.
(E) NGK Metals Corporation and its predecessors,
Kawecki-Berylco, Cabot Corporation, BerylCo, and
Beryllium Corporation of America.
(F) Nuclear Materials and Equipment Corporation.
(G) StarMet Corporation and its predecessor, Nuclear
Metals, Incorporated.
(H) Wyman Gordan, Incorporated.
(I) Any other vendor, processor, or producer of
beryllium or related products designated as a beryllium
vendor for purposes of the compensation program under
section 3622.
(7) The term ``covered beryllium employee'' means the
following, if and only if the employee is determined to have
been exposed to beryllium in the performance of duty in
accordance with section 3623(a):
(A) A current or former employee (as that term is
defined in section 8101(1) of title 5, United States
Code) who may have been exposed to beryllium at a
Department of Energy facility or at a facility owned,
operated, or occupied by a beryllium vendor.
(B) A current or former employee of--
(i) any entity that contracted with the
Department of Energy to provide management and
operation, management and integration, or
environmental remediation of a Department of
Energy facility; or
(ii) any contractor or subcontractor that
provided services, including construction and
maintenance, at such a facility.
(C) A current or former employee of a beryllium
vendor, or of a contractor or subcontractor of a
beryllium vendor, during a period when the vendor was
engaged in activities
[[Page 114 STAT. 1654A-500]]
related to the production or processing of beryllium for
sale to, or use by, the Department of Energy.
(8) The term ``covered beryllium illness'' means any of the
following:
(A) Beryllium sensitivity as established by an
abnormal beryllium lymphocyte proliferation test
performed on either blood or lung lavage cells.
(B) Established chronic beryllium disease.
(C) Any injury, illness, impairment, or disability
sustained as a consequence of a covered beryllium
illness referred to in subparagraph (A) or (B).
(9) The term ``covered employee with cancer'' means any of
the following:
(A) An individual with a specified cancer who is a
member of the Special Exposure Cohort, if and only if
that individual contracted that specified cancer after
beginning employment at a Department of Energy facility
(in the case of a Department of Energy employee or
Department of Energy contractor employee) or at an
atomic weapons employer facility (in the case of an
atomic weapons employee).
(B)(i) An individual with cancer specified in
subclause (I), (II), or (III) of clause (ii), if and
only if that individual is determined to have sustained
that cancer in the performance of duty in accordance
with section 3623(b).
(ii) Clause (i) applies to any of the following:
(I) A Department of Energy employee who
contracted that cancer after beginning employment
at a Department of Energy facility.
(II) A Department of Energy contractor
employee who contracted that cancer after
beginning employment at a Department of Energy
facility.
(III) An atomic weapons employee who
contracted that cancer after beginning employment
at an atomic weapons employer facility.
(10) The term ``Department of Energy'' includes the
predecessor agencies of the Department of Energy, including the
Manhattan Engineering District.
(11) The term ``Department of Energy contractor employee''
means any of the following:
(A) An individual who is or was in residence at a
Department of Energy facility as a researcher for one or
more periods aggregating at least 24 months.
(B) An individual who is or was employed at a
Department of Energy facility by--
(i) an entity that contracted with the
Department of Energy to provide management and
operating, management and integration, or
environmental remediation at the facility; or
(ii) a contractor or subcontractor that
provided services, including construction and
maintenance, at the facility.
(12) The term ``Department of Energy facility'' means any
building, structure, or premise, including the grounds upon
which such building, structure, or premise is located--
(A) in which operations are, or have been, conducted
by, or on behalf of, the Department of Energy (except
[[Page 114 STAT. 1654A-501]]
for buildings, structures, premises, grounds, or
operations covered by Executive Order No. 12344, dated
February 1, 1982 (42 U.S.C. 7158 note), pertaining to
the Naval Nuclear Propulsion Program); and
(B) with regard to which the Department of Energy
has or had--
(i) a proprietary interest; or
(ii) entered into a contract with an entity to
provide management and operation, management and
integration, environmental remediation services,
construction, or maintenance services.
(13) The term ``established chronic beryllium disease''
means chronic beryllium disease as established by the following:
(A) For diagnoses on or after January 1, 1993,
beryllium sensitivity (as established in accordance with
paragraph (8)(A)), together with lung pathology
consistent with chronic beryllium disease, including--
(i) a lung biopsy showing granulomas or a
lymphocytic process consistent with chronic
beryllium disease;
(ii) a computerized axial tomography scan
showing changes consistent with chronic beryllium
disease; or
(iii) pulmonary function or exercise testing
showing pulmonary deficits consistent with chronic
beryllium disease.
(B) For diagnoses before January 1, 1993, the
presence of--
(i) occupational or environmental history, or
epidemiologic evidence of beryllium exposure; and
(ii) any three of the following criteria:
(I) Characteristic chest
radiographic (or computed tomography
(CT)) abnormalities.
(II) Restrictive or obstructive lung
physiology testing or diffusing lung
capacity defect.
(III) Lung pathology consistent with
chronic beryllium disease.
(IV) Clinical course consistent with
a chronic respiratory disorder.
(V) Immunologic tests showing
beryllium sensitivity (skin patch test
or beryllium blood test preferred).
(14) The term ``member of the Special Exposure Cohort''
means a Department of Energy employee, Department of Energy
contractor employee, or atomic weapons employee who meets any of
the following requirements:
(A) The employee was so employed for a number of
work days aggregating at least 250 work days before
February 1, 1992, at a gaseous diffusion plant located
in Paducah, Kentucky, Portsmouth, Ohio, or Oak Ridge,
Tennessee, and, during such employment--
(i) was monitored through the use of dosimetry
badges for exposure at the plant of the external
parts of employee's body to radiation; or
(ii) worked in a job that had exposures
comparable to a job that is or was monitored
through the use of dosimetry badges.
[[Page 114 STAT. 1654A-502]]
(B) The employee was so employed before January 1,
1974, by the Department of Energy or a Department of
Energy contractor or subcontractor on Amchitka Island,
Alaska, and was exposed to ionizing radiation in the
performance of duty related to the Long Shot, Milrow, or
Cannikin underground nuclear tests.
(C)(i) Subject to clause (ii), the employee is an
individual designated as a member of the Special
Exposure Cohort by the President for purposes of the
compensation program under section 3626.
(ii) A designation under clause (i) shall, unless
Congress otherwise provides, take effect on the date
that is 180 days after the date on which the President
submits to Congress a report identifying the individuals
covered by the designation and describing the criteria
used in designating those individuals.
(15) The term ``occupational illness'' means a covered
beryllium illness, cancer referred to in section 3621(9)(B),
specified cancer, or chronic silicosis, as the case may be.
(16) The term ``radiation'' means ionizing radiation in the
form of--
(A) alpha particles;
(B) beta particles;
(C) neutrons;
(D) gamma rays; or
(E) accelerated ions or subatomic particles from
accelerator machines.
(17) The term ``specified cancer'' means any of the
following:
(A) A specified disease, as that term is defined in
section 4(b)(2) of the Radiation Exposure Compensation
Act (42 U.S.C. 2210 note).
(B) Bone cancer.
(18) The term ``survivor'' means any individual or
individuals eligible to receive compensation pursuant to section
8133 of title 5, United States Code.
SEC. 3622. EXPANSION OF LIST OF BERYLLIUM VENDORS.
Not later than December 31, 2002, the President may, in consultation
with the Secretary of Energy, designate as a beryllium vendor for
purposes of section 3621(6) any vendor, processor, or producer of
beryllium or related products not previously listed under or designated
for purposes of such section 3621(6) if the President finds that such
vendor, processor, or producer has been engaged in activities related to
the production or processing of beryllium for sale to, or use by, the
Department of Energy in a manner similar to the entities listed in such
section 3621(6).
SEC. 3623. EXPOSURE IN THE PERFORMANCE OF DUTY.
(a) Beryllium.--A covered beryllium employee shall, in the absence
of substantial evidence to the contrary, be determined to have been
exposed to beryllium in the performance of duty for the purposes of the
compensation program if, and only if, the covered beryllium employee
was--
(1) employed at a Department of Energy facility; or
(2) present at a Department of Energy facility, or a
facility owned and operated by a beryllium vendor, because of
employment by the United States, a beryllium vendor, or a
contractor or subcontractor of the Department of Energy,
[[Page 114 STAT. 1654A-503]]
during a period when beryllium dust, particles, or vapor may have been
present at such facility.
(b) Cancer.--An individual with cancer specified in subclause (I),
(II), or (III) of section 3621(9)(B)(ii) shall be determined to have
sustained that cancer in the performance of duty for purposes of the
compensation program if, and only if, the cancer specified in that
subclause was at least as likely as not related to employment at the
facility specified in that subclause, as determined in accordance with
the guidelines established under subsection (c).
(c) Guidelines.--(1) For purposes of the compensation program, the
President shall by regulation establish guidelines for making the
determinations required by subsection (b).
(2) The President shall establish such guidelines after technical
review by the Advisory Board on Radiation and Worker Health under
section 3624.
(3) Such guidelines shall--
(A) be based on the radiation dose received by the employee
(or a group of employees performing similar work) at such
facility and the upper 99 percent confidence interval of the
probability of causation in the radioepidemiological tables
published under section 7(b) of the Orphan Drug Act (42 U.S.C.
241 note), as such tables may be updated under section 7(b)(3)
of such Act from time to time;
(B) incorporate the methods established under subsection
(d); and
(C) take into consideration the type of cancer, past health-
related activities (such as smoking), information on the risk of
developing a radiation-related cancer from workplace exposure,
and other relevant factors.
(d) Methods for Radiation Dose Reconstructions.--(1) The President
shall, through any Federal agency (other than the Department of Energy)
or official (other than the Secretary of Energy or any other official
within the Department of Energy) that the President may designate,
establish by regulation methods for arriving at reasonable estimates of
the radiation doses received by an individual specified in subparagraph
(B) of section 3621(9) at a facility specified in that subparagraph by
each of the following employees:
(A) An employee who was not monitored for exposure to
radiation at such facility.
(B) An employee who was monitored inadequately for exposure
to radiation at such facility.
(C) An employee whose records of exposure to radiation at
such facility are missing or incomplete.
(2) The President shall establish an independent review process
using the Advisory Board on Radiation and Worker Health to--
(A) assess the methods established under paragraph (1); and
(B) verify a reasonable sample of the doses established
under paragraph (1).
(e) Information on Radiation Doses.--(1) The Secretary of Energy
shall provide, to each covered employee with cancer specified in section
3621(9)(B), information specifying the estimated radiation dose of that
employee during each employment specified in section 3621(9)(B), whether
established by a dosimetry reading, by a method established under
subsection (d), or by both a dosimetry reading and such method.
[[Page 114 STAT. 1654A-504]]
(2) The Secretary of Health and Human Services and the Secretary of
Energy shall each make available to researchers and the general public
information on the assumptions, methodology, and data used in
establishing radiation doses under subsection (d). The actions taken
under this paragraph shall be consistent with the protection of private
medical records.
SEC. 3624. ADVISORY BOARD ON RADIATION AND WORKER HEALTH.
(a) Establishment.--(1) Not later than 120 days after the date of
the enactment of this Act, the President shall establish and appoint an
Advisory Board on Radiation and Worker Health (in this section referred
to as the ``Board'').
(2) The President shall make appointments to the Board in
consultation with organizations with expertise on worker health issues
in order to ensure that the membership of the Board reflects a balance
of scientific, medical, and worker perspectives.
(3) The President shall designate a Chair for the Board from among
its members.
(b) Duties.--The Board shall advise the President on--
(1) the development of guidelines under section 3623(c);
(2) the scientific validity and quality of dose estimation
and reconstruction efforts being performed for purposes of the
compensation program; and
(3) such other matters related to radiation and worker
health in Department of Energy facilities as the President
considers appropriate.
(c) Staff.--(1) The President shall appoint a staff to facilitate
the work of the Board. The staff shall be headed by a Director who shall
be appointed under subchapter VIII of chapter 33 of title 5, United
States Code.
(2) The President may accept as staff of the Board personnel on
detail from other Federal agencies. The detail of personnel under this
paragraph may be on a nonreimbursable basis.
(d) Expenses.--Members of the Board, other than full-time employees
of the United States, while attending meetings of the Board or while
otherwise serving at the request of the President, while serving away
from their homes or regular places of business, shall be allowed travel
and meal expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code, for
individuals in the Government serving without pay.
SEC. 3625. RESPONSIBILITIES OF SECRETARY OF HEALTH AND HUMAN SERVICES.
The Secretary of Health and Human Services shall carry out that
Secretary's responsibilities with respect to the compensation program
with the assistance of the Director of the National Institute for
Occupational Safety and Health.
SEC. 3626. DESIGNATION OF ADDITIONAL MEMBERS OF SPECIAL EXPOSURE COHORT.
(a) Advice on Additional Members.--(1) The Advisory Board on
Radiation and Worker Health under section 3624 shall advise the
President whether there is a class of employees at any Department of
Energy facility who likely were exposed to radiation at that facility
but for whom it is not feasible to estimate with sufficient accuracy the
radiation dose they received.
[[Page 114 STAT. 1654A-505]]
(2) The advice of the Advisory Board on Radiation and Worker Health
under paragraph (1) shall be based on exposure assessments by radiation
health professionals, information provided by the Department of Energy,
and such other information as the Advisory Board considers appropriate.
(3) The President shall request advice under paragraph (1) after
consideration of petitions by classes of employees described in that
paragraph for such advice. The President shall consider such petitions
pursuant to procedures established by the President.
(b) Designation of Additional Members.--Subject to the provisions of
section 3621(14)(C), the members of a class of employees at a Department
of Energy facility may be treated as members of the Special Exposure
Cohort for purposes of the compensation program if the President, upon
recommendation of the Advisory Board on Radiation and Worker Health,
determines that--
(1) it is not feasible to estimate with sufficient accuracy
the radiation dose that the class received; and
(2) there is a reasonable likelihood that such radiation
dose may have endangered the health of members of the class.
(c) Access to Information.--The Secretary of Energy shall provide,
in accordance with law, the Secretary of Health and Human Services and
the members and staff of the Advisory Board on Radiation and Worker
Health access to relevant information on worker exposures, including
access to Restricted Data (as defined in section 11 y. of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(y)).
SEC. 3627. SEPARATE TREATMENT OF CHRONIC SILICOSIS.
(a) Sense of Congress.--Congress finds that employees who worked in
Department of Energy test sites and later contracted chronic silicosis
should also be considered for inclusion in the compensation program.
Recognizing that chronic silicosis resulting from exposure to silica is
not a condition unique to the nuclear weapons industry, it is not the
intent of Congress with this title to establish a precedent on the
question of chronic silicosis as a compensable occupational disease.
Consequently, it is the sense of Congress that a further determination
by the President is appropriate before these workers are included in the
compensation program.
(b) Certification by President.--A covered employee with chronic
silicosis shall be treated as a covered employee (as defined in section
3621(1)) for the purposes of the compensation program required by
section 3611 unless the President submits to Congress not later than 180
days after the date of the enactment of this Act the certification of
the President that there is insufficient basis to include such
employees. The President shall submit with the certification any
recommendations about the compensation program with respect to covered
employees with chronic silicosis as the President considers appropriate.
(c) Exposure to Silica in the Performance of Duty.--A covered
employee shall, in the absence of substantial evidence to the contrary,
be determined to have been exposed to silica in the performance of duty
for the purposes of the compensation program if, and only if, the
employee was present for a number of work days aggregating at least 250
work days during the mining of tunnels at a Department of Energy
facility located in Nevada or Alaska for tests or experiments related to
an atomic weapon.
[[Page 114 STAT. 1654A-506]]
(d) Covered Employee With Chronic Silicosis.--For purposes of this
title, the term ``covered employee with chronic silicosis'' means a
Department of Energy employee, or a Department of Energy contractor
employee, with chronic silicosis who was exposed to silica in the
performance of duty as determined under subsection (c).
(e) Chronic Silicosis.--For purposes of this title, the term
``chronic silicosis'' means a nonmalignant lung disease if--
(1) the initial occupational exposure to silica dust
preceded the onset of silicosis by at least 10 years; and
(2) a written diagnosis of silicosis is made by a medical
doctor and is accompanied by--
(A) a chest radiograph, interpreted by an individual
certified by the National Institute for Occupational
Safety and Health as a B reader, classifying the
existence of pneumoconioses of category 1/1 or higher;
(B) results from a computer assisted tomograph or
other imaging technique that are consistent with
silicosis; or
(C) lung biopsy findings consistent with silicosis.
SEC. 3628. COMPENSATION AND BENEFITS TO BE PROVIDED.
(a) Compensation Provided.--(1) Except as provided in paragraph (2),
a covered employee, or the survivor of that covered employee if the
employee is deceased, shall receive compensation for the disability or
death of that employee from that employee's occupational illness in the
amount of $150,000.
(2) A covered employee shall, to the extent that employee's
occupational illness is established beryllium sensitivity, receive
beryllium sensitivity monitoring under subsection (c) in lieu of
compensation under paragraph (1).
(b) Medical Benefits.--A covered employee shall receive medical
benefits under section 3629 for that employee's occupational illness.
(c) Beryllium Sensitivity Monitoring.--An individual receiving
beryllium sensitivity monitoring under this subsection shall receive the
following:
(1) A thorough medical examination to confirm the nature and
extent of the individual's established beryllium sensitivity.
(2) Regular medical examinations thereafter to determine
whether that individual has developed established chronic
beryllium disease.
(d) Payment From Compensation Fund.--The compensation provided under
this section, when authorized or approved by the President, shall be
paid from the compensation fund established under section 3612.
(e) Survivors.--(1) Subject to the provisions of this section, if a
covered employee dies before the effective date specified in subsection
(f ), whether or not the death is a result of that employee's
occupational illness, a survivor of that employee may, on behalf of that
survivor and any other survivors of that employee, receive the
compensation provided for under this section.
(2) The right to receive compensation under this section shall be
afforded to survivors in the same order of precedence as that set forth
in section 8109 of title 5, United States Code.
[[Page 114 STAT. 1654A-507]]
(f ) Effective Date.--This section shall take effect on July 31,
2001, unless Congress otherwise provides in an Act enacted before that
date.
SEC. 3629. MEDICAL BENEFITS.
(a) Medical Benefits Provided.--The United States shall furnish, to
an individual receiving medical benefits under this section for an
illness, the services, appliances, and supplies prescribed or
recommended by a qualified physician for that illness, which the
President considers likely to cure, give relief, or reduce the degree or
the period of that illness.
(b) Persons Furnishing Benefits.--(1) These services, appliances,
and supplies shall be furnished by or on the order of United States
medical officers and hospitals, or, at the individual's option, by or on
the order of physicians and hospitals designated or approved by the
President.
(2) The individual may initially select a physician to provide
medical services, appliances, and supplies under this section in
accordance with such regulations and instructions as the President
considers necessary.
(c) Transportation and Expenses.--The individual may be furnished
necessary and reasonable transportation and expenses incident to the
securing of such services, appliances, and supplies.
(d) Commencement of Benefits.--An individual receiving benefits
under this section shall be furnished those benefits as of the date on
which that individual submitted the claim for those benefits in
accordance with this title.
(e) Payment From Compensation Fund.--The benefits provided under
this section, when authorized or approved by the President, shall be
paid from the compensation fund established under section 3612.
(f ) Effective Date.--This section shall take effect on July 31,
2001, unless Congress otherwise provides in an Act enacted before that
date.
SEC. 3630. SEPARATE TREATMENT OF CERTAIN URANIUM EMPLOYEES.
(a) Compensation Provided.--An individual who receives, or has
received, $100,000 under section 5 of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) for a claim made under that Act
(hereafter in this section referred to as a ``covered uranium
employee''), or the survivor of that covered uranium employee if the
employee is deceased, shall receive compensation under this section in
the amount of $50,000.
(b) Medical Benefits.--A covered uranium employee shall receive
medical benefits under section 3629 for the illness for which that
employee received $100,000 under section 5 of that Act.
(c) Coordination With RECA.--The compensation and benefits provided
in subsections (a) and (b) are separate from any compensation or
benefits provided under that Act.
(d) Payment From Compensation Fund.--The compensation provided under
this section, when authorized or approved by the President, shall be
paid from the compensation fund established under section 3612.
(e) Survivors.--(1) Subject to the provisions of this section, if a
covered uranium employee dies before the effective date specified in
subsection (g), whether or not the death is a result of the illness
specified in subsection (b), a survivor of that employee
[[Page 114 STAT. 1654A-508]]
may, on behalf of that survivor and any other survivors of that
employee, receive the compensation provided for under this section.
(2) The right to receive compensation under this section shall be
afforded to survivors in the same order of precedence as that set forth
in section 8109 of title 5, United States Code.
(f ) Procedures Required.--The President shall establish procedures
to identify and notify each covered uranium employee, or the survivor of
that covered uranium employee if that employee is deceased, of the
availability of compensation and benefits under this section.
(g) Effective Date.--This section shall take effect on July 31,
2001, unless Congress otherwise provides in an Act enacted before that
date.
SEC. 3631. ASSISTANCE FOR CLAIMANTS AND POTENTIAL CLAIMANTS.
(a) Assistance for Claimants.--The President shall, upon the receipt
of a request for assistance from a claimant under the compensation
program, provide assistance to the claimant in connection with the
claim, including--
(1) assistance in securing medical testing and diagnostic
services necessary to establish the existence of a covered
beryllium illness, chronic silicosis, or cancer; and
(2) such other assistance as may be required to develop
facts pertinent to the claim.
(b) Assistance for Potential Claimants.--The President shall take
appropriate actions to inform and assist covered employees who are
potential claimants under the compensation program, and other potential
claimants under the compensation program, of the availability of
compensation under the compensation program, including actions to--
(1) ensure the ready availability, in paper and electronic
format, of forms necessary for making claims;
(2) provide such covered employees and other potential
claimants with information and other support necessary for
making claims, including--
(A) medical protocols for medical testing and
diagnosis to establish the existence of a covered
beryllium illness, chronic silicosis, or cancer; and
(B) lists of vendors approved for providing
laboratory services related to such medical testing and
diagnosis; and
(3) provide such additional assistance to such covered
employees and other potential claimants as may be required for
the development of facts pertinent to a claim.
(c) Information From Beryllium Vendors and Other Contractors.--As
part of the assistance program provided under subsections (a) and (b),
and as permitted by law, the Secretary of Energy shall, upon the request
of the President, require a beryllium vendor or other Department of
Energy contractor or subcontractor to provide information relevant to a
claim or potential claim under the compensation program to the
President.
[[Page 114 STAT. 1654A-509]]
Subtitle C--Treatment, Coordination, and Forfeiture of Compensation and
Benefits
SEC. 3641. OFFSET FOR CERTAIN PAYMENTS.
A payment of compensation to an individual, or to a survivor of that
individual, under subtitle B shall be offset by the amount of any
payment made pursuant to a final award or settlement on a claim (other
than a claim for worker's compensation), against any person, that is
based on injuries incurred by that individual on account of the exposure
of a covered beryllium employee, covered employee with cancer, covered
employee with chronic silicosis (as defined in section 3627), or covered
uranium employee (as defined in section 3630), while so employed, to
beryllium, radiation, silica, or radiation, respectively.
SEC. 3642. SUBROGATION OF THE UNITED STATES.
Upon payment of compensation under subtitle B, the United States is
subrogated for the amount of the payment to a right or claim that the
individual to whom the payment was made may have against any person on
account of injuries referred to in section 3641.
SEC. 3643. PAYMENT IN FULL SETTLEMENT OF CLAIMS.
The acceptance by an individual of payment of compensation under
subtitle B with respect to a covered employee shall be in full
satisfaction of all claims of or on behalf of that individual against
the United States, against a Department of Energy contractor or
subcontractor, beryllium vendor, or atomic weapons employer, or against
any person with respect to that person's performance of a contract with
the United States, that arise out of an exposure referred to in section
3641.
SEC. 3644. EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES AND AGAINST
CONTRACTORS AND SUBCONTRACTORS.
(a) In General.--The liability of the United States or an
instrumentality of the United States under this title with respect to a
cancer (including a specified cancer), chronic silicosis, covered
beryllium illness, or death related thereto of a covered employee is
exclusive and instead of all other liability--
(1) of--
(A) the United States;
(B) any instrumentality of the United States;
(C) a contractor that contracted with the Department
of Energy to provide management and operation,
management and integration, or environmental remediation
of a Department of Energy facility (in its capacity as a
contractor);
(D) a subcontractor that provided services,
including construction, at a Department of Energy
facility (in its capacity as a subcontractor); and
(E) an employee, agent, or assign of an entity
specified in subparagraphs (A) through (D);
(2) to--
(A) the covered employee;
(B) the covered employee's legal representative,
spouse, dependents, survivors, and next of kin; and
[[Page 114 STAT. 1654A-510]]
(C) any other person, including any third party as
to whom the covered employee, or the covered employee's
legal representative, spouse, dependents, survivors, or
next of kin, has a cause of action relating to the
cancer (including a specified cancer), chronic
silicosis, covered beryllium illness, or death,
otherwise entitled to recover damages from the United
States, the instrumentality, the contractor, the
subcontractor, or the employee, agent, or assign of one
of them,
because of the cancer (including a specified cancer), chronic silicosis,
covered beryllium illness, or death in any proceeding or action
including a direct judicial proceeding, a civil action, a proceeding in
admiralty, or a proceeding under a tort liability statute or the common
law.
(b) Applicability.--This section applies to all cases filed on or
after the date of the enactment of this Act.
(c) Workers' Compensation.--This section does not apply to an
administrative or judicial proceeding under a Federal or State workers'
compensation law.
SEC. 3645. ELECTION OF REMEDY FOR BERYLLIUM EMPLOYEES AND ATOMIC WEAPONS
EMPLOYEES.
(a) Election To File Suit.--If a tort case is filed after the date
of the enactment of this Act, alleging a claim referred to in section
3643 against a beryllium vendor or atomic weapons employer, the
plaintiff shall not be eligible for compensation or benefits under
subtitle B unless the plaintiff files such case within the applicable
time limits in subsection (b).
(b) Applicable Time Limits.--A case described in subsection (a)
shall be filed not later than the later of--
(1) the date that is 30 months after the date of the
enactment of this Act; or
(2) the date that is 30 months after the date the plaintiff
first becomes aware that an illness covered by subtitle B of a
covered employee may be connected to the exposure of the covered
employee in the performance of duty.
(c) Dismissal of Claims.--Unless a case filed under subsection (a)
is dismissed prior to the time limits in subsection (b), the plaintiff
shall not be eligible for compensation under subtitle B.
(d) Dismissal of Pending Suit.--If a tort case was filed on or
before the date of the enactment of this Act, alleging a claim referred
to in section 3643 against a beryllium vendor or atomic weapons
employer, the plaintiff shall not be eligible for compensation or
benefits under subtitle B unless the plaintiff dismisses such case not
later than December 31, 2003.
(e) Workers' Compensation.--This section does not apply to an
administrative or judicial proceeding under a State or Federal workers'
compensation law.
SEC. 3646. CERTIFICATION OF TREATMENT OF PAYMENTS UNDER OTHER LAWS.
Compensation or benefits provided to an individual under subtitle
B--
(1) shall be treated for purposes of the internal revenue
laws of the United States as damages for human suffering; and
(2) shall not be included as income or resources for
purposes of determining eligibility to receive benefits
described in section
[[Page 114 STAT. 1654A-511]]
3803(c)(2)(C) of title 31, United States Code, or the amount of
such benefits.
SEC. 3647. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; CHOICE OF REMEDIES.
(a) Claims Not Assignable or Transferable.--No claim cognizable
under subtitle B shall be assignable or transferable.
(b) Choice of Remedies.--No individual may receive more than one
payment of compensation under subtitle B.
SEC. 3648. ATTORNEY FEES.
(a) General Rule.--Notwithstanding any contract, the representative
of an individual may not receive, for services rendered in connection
with the claim of an individual under subtitle B, more than that
percentage specified in subsection (b) of a payment made under subtitle
B on such claim.
(b) Applicable Percentage Limitations.--The percentage referred to
in subsection (a) is--
(1) 2 percent for the filing of an initial claim; and
(2) 10 percent with respect to any claim with respect to
which a representative has made a contract for services before
the date of the enactment of this Act.
(c) Penalty.--Any such representative who violates this section
shall be fined not more than $5,000.
SEC. 3649. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.
A payment under subtitle B shall not be considered as any form of
compensation or reimbursement for a loss for purposes of imposing
liability on any individual receiving such payment, on the basis of such
receipt, to repay any insurance carrier for insurance payments, or to
repay any person on account of worker's compensation payments; and a
payment under subtitle B shall not affect any claim against an insurance
carrier with respect to insurance or against any person with respect to
worker's compensation.
SEC. 3650. FORFEITURE OF BENEFITS BY CONVICTED FELONS.
(a) Forfeiture of Compensation.--Any individual convicted of a
violation of section 1920 of title 18, United States Code, or any other
Federal or State criminal statute relating to fraud in the application
for or receipt of any benefit under subtitle B or under any other
Federal or State workers' compensation law, shall forfeit (as of the
date of such conviction) any entitlement to any compensation or benefit
under subtitle B such individual would otherwise be awarded for any
injury, illness or death covered by subtitle B for which the time of
injury was on or before the date of the conviction.
(b) Information.--Notwithstanding section 552a of title 5, United
States Code, or any other Federal or State law, an agency of the United
States, a State, or a political subdivision of a State shall make
available to the President, upon written request from the President and
if the President requires the information to carry out this section, the
names and Social Security account numbers of individuals confined, for
conviction of a felony, in a jail, prison, or other penal institution or
correctional facility under the jurisdiction of that agency.
[[Page 114 STAT. 1654A-512]]
SEC. 3651. COORDINATION WITH OTHER FEDERAL RADIATION COMPENSATION LAWS.
Except in accordance with section 3630, an individual may not
receive compensation or benefits under the compensation program for
cancer and also receive compensation under the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) or section 1112(c) of title 38,
United States Code.
Subtitle D--Assistance in State Workers' Compensation Proceedings
SEC. 3661. AGREEMENTS WITH STATES.
(a) Agreements Authorized.--The Secretary of Energy (hereafter in
this section referred to as the ``Secretary'') may enter into agreements
with the chief executive officer of a State to provide assistance to a
Department of Energy contractor employee in filing a claim under the
appropriate State workers' compensation system.
(b) Procedure.--Pursuant to agreements under subsection (a), the
Secretary may--
(1) establish procedures under which an individual may
submit an application for review and assistance under this
section; and
(2) review an application submitted under this section and
determine whether the applicant submitted reasonable evidence
that--
(A) the application was filed by or on behalf of a
Department of Energy contractor employee or employee's
estate; and
(B) the illness or death of the Department of Energy
contractor employee may have been related to employment
at a Department of Energy facility.
(c) Submittal of Applications to Panels.--If provided in an
agreement under subsection (a), and if the Secretary determines that the
applicant submitted reasonable evidence under subsection (b)(2), the
Secretary shall submit the application to a physicians panel established
under subsection (d). The Secretary shall assist the employee in
obtaining additional evidence within the control of the Department of
Energy and relevant to the panel's deliberations.
(d) Composition and Operation of Panels.--(1) The Secretary shall
inform the Secretary of Health and Human Services of the number of
physicians panels the Secretary has determined to be appropriate to
administer this section, the number of physicians needed for each panel,
and the area of jurisdiction of each panel. The Secretary may determine
to have only one panel.
(2)(A) The Secretary of Health and Human Services shall appoint
panel members with experience and competency in diagnosing occupational
illnesses under section 3109 of title 5, United States Code.
(B) Each member of a panel shall be paid at the rate of pay payable
for level III of the Executive Schedule for each day (including travel
time) the member is engaged in the work of a panel.
(3) A panel shall review an application submitted to it by the
Secretary and determine, under guidelines established by the
[[Page 114 STAT. 1654A-513]]
Secretary, by regulation, whether the illness or death that is the
subject of the application arose out of and in the course of employment
by the Department of Energy and exposure to a toxic substance at a
Department of Energy facility.
(4) At the request of a panel, the Secretary and a contractor who
employed a Department of Energy contractor employee shall provide
additional information relevant to the panel's deliberations. A panel
may consult specialists in relevant fields as it determines necessary.
(5) Once a panel has made a determination under paragraph (3), it
shall report to the Secretary its determination and the basis for the
determination.
(6) A panel established under this subsection shall not be subject
to the Federal Advisory Committee Act (5 U.S.C. App.).
(e) Assistance.--If provided in an agreement under subsection (a)--
(1) the Secretary shall review a panel's determination made
under subsection (d), information the panel considered in
reaching its determination, any relevant new information not
reasonably available at the time of the panel's deliberations,
and the basis for the panel's determination;
(2) as a result of the review under paragraph (1), the
Secretary shall accept the panel's determination in the absence
of significant evidence to the contrary; and
(3) if the panel has made a positive determination under
subsection (d) and the Secretary accepts the determination under
paragraph (2), or the panel has made a negative determination
under subsection (d) and the Secretary finds significant
evidence to the contrary--
(A) the Secretary shall assist the applicant to file
a claim under the appropriate State workers'
compensation system based on the health condition that
was the subject of the determination;
(B) the Secretary thereafter--
(i) may not contest such claim;
(ii) may not contest an award made regarding
such claim; and
(iii) may, to the extent permitted by law,
direct the Department of Energy contractor who
employed the applicant not to contest such claim
or such award,
unless the Secretary finds significant new evidence to
justify such contest; and
(C) any costs of contesting a claim or an award
regarding the claim incurred by the contractor who
employed the Department of Energy contractor employee
who is the subject of the claim shall not be an
allowable cost under a Department of Energy contract.
(f ) Information.--At the request of the Secretary, a contractor who
employed a Department of Energy contractor employee shall make available
to the Secretary and the employee information relevant to deliberations
under this section.
(g) GAO Report.--Not later than February 1, 2002, the Comptroller
General shall submit to Congress a report on the implementation by the
Department of Energy of the provisions of this section and of the
effectiveness of the program under this section in assisting Department
of Energy contractor employees in obtaining compensation for
occupational illness.