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Military


S 2549 PCS


Calendar No. 543

106th CONGRESS

2d Session

S. 2549

[Report No. 106-292]

To authorize appropriations for fiscal year 2001 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.

IN THE SENATE OF THE UNITED STATES

May 12, 2000

Mr. WARNER, from the Committee on Armed Services, reported, under authority of the order of the Senate of May 11th, 2000, the following original bill; which was read twice and placed on the calendar


A BILL

To authorize appropriations for fiscal year 2001 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `National Defense Authorization Act for Fiscal Year 2001'.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) DIVISIONS- This Act is organized into three divisions as follows:

      (1) Division A--Department of Defense Authorizations.

      (2) Division B--Military Construction Authorizations.

      (3) Division C--Department of Energy National Security Authorizations and Other Authorizations.

    (b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

      Sec. 1. Short title.

      Sec. 2. Organization of Act into divisions; table of contents.

      Sec. 3. Congressional defense committees defined.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

      Sec. 101. Army.

      Sec. 102. Navy and Marine Corps.

      Sec. 103. Air Force.

      Sec. 104. Defense-wide activities.

      Sec. 105. Defense Inspector General.

      Sec. 106. Chemical demilitarization program.

      Sec. 107. Defense health programs.

Subtitle B--Army Programs

      Sec. 111. Multiyear procurement authority for certain programs.

      Sec. 112. Reports and limitations relating to Army transformation.

Subtitle C--Navy Programs

      Sec. 121. CVNX-1 nuclear aircraft carrier program.

      Sec. 122. Arleigh Burke class destroyer program.

      Sec. 123. Virginia class submarine program.

      Sec. 124. ADC(X) ship program.

      Sec. 125. Refueling and complex overhaul program of the CVN-69 nuclear aircraft carrier.

Subtitle D--Air Force Programs

      Sec. 131. Repeal of requirement for annual report on B-2 bomber aircraft program.

Subtitle E--Other Matters

      Sec. 141. Pueblo Chemical Depot chemical agent and munitions destruction technologies.

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. Fiscal year 2002 joint field experiment.

      Sec. 212. Nuclear aircraft carrier design and production modeling.

      Sec. 213. DD-21 class destroyer program.

      Sec. 214. F-22 aircraft program.

      Sec. 215. Joint strike fighter program.

      Sec. 216. Global Hawk high altitude endurance unmanned aerial vehicle.

      Sec. 217. Unmanned advanced capability aircraft and ground combat vehicles.

      Sec. 218. Army space control technology development.

      Sec. 219. Russian American observation satellites program.

      Sec. 220. Joint biological defense program.

      Sec. 221. Report on biological warfare defense vaccine research and development programs.

Subtitle C--Other Matters

      Sec. 241. Mobile offshore base.

      Sec. 242. Air Force science and technology planning.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

      Sec. 301. Operation and maintenance funding.

      Sec. 302. Working capital funds.

      Sec. 303. Armed Forces Retirement Home.

      Sec. 304. Transfer from National Defense Stockpile Transaction Fund.

Subtitle B--Program Requirements, Restrictions, and Limitations

      Sec. 311. Impact aid for children with disabilities.

      Sec. 312. Joint warfighting capabilities assessment teams.

Subtitle C--Humanitarian and Civic Assistance

      Sec. 321. Increased authority to provide health care services as humanitarian and civic assistance.

      Sec. 322. Use of humanitarian and civic assistance funding for pay and allowances of Special Operations Command Reserves furnishing demining training and related assistance as humanitarian assistance.

Subtitle D--Department of Defense Industrial Facilities

      Sec. 331. Codification and improvement of armament retooling and manufacturing support programs.

      Sec. 332. Centers of Industrial and Technical Excellence.

      Sec. 333. Effects of outsourcing on overhead costs of Centers of Industrial and Technical Excellence and ammunition plants.

      Sec. 334. Revision of authority to waive limitation on performance of depot-level maintenance.

Subtitle E--Environmental Provisions

      Sec. 341. Environmental restoration accounts.

      Sec. 342. Payment of fines and penalties for environmental compliance violations.

      Sec. 343. Annual reports under Strategic Environmental Research and Development Program.

      Sec. 344. Modification of authority for indemnification of transferees of closing defense property.

      Sec. 345. Payment of fines or penalties imposed for environmental compliance violations at certain Department of Defense facilities.

      Sec. 346. Reimbursement for certain costs in connection with the Former Nansemond Ordnance Depot Site, Suffolk, Virginia.

      Sec. 347. Environmental restoration activities.

      Sec. 348. Ship disposal project.

      Sec. 349. Report on Defense Environmental Security Corporate Information Management program.

      Sec. 350. Report on Plasma Energy Pyrolysis System.

Subtitle F--Other Matters

      Sec. 361. Effects of worldwide contingency operations on readiness of certain military aircraft and equipment.

      Sec. 362. Realistic budgeting for readiness requirements of the Army.

      Sec. 363. Additions to plan for ensuring visibility over all in-transit end items and secondary items.

      Sec. 364. Performance of emergency response functions at chemical weapons storage installations.

      Sec. 365. Congressional notification of use of radio frequency spectrum by a system entering engineering and manufacturing development.

      Sec. 366. Monitoring of value of performance of Department of Defense functions by workforces selected from between public and private workforces.

      Sec. 367. Suspension of reorganization of Naval Audit Service.

      Sec. 368. Investment of commissary trust revolving fund.

      Sec. 369. Economic procurement of distilled spirits.

      Sec. 370. Resale of armor-piercing ammunition disposed of by the Army.

      Sec. 371. Damage to aviation facilities caused by alkali silica reactivity.

      Sec. 372. Reauthorization of pilot program for acceptance and use of landing fees charged for use of domestic military airfields by civil aircraft.

      Sec. 373. Reimbursement by civil air carriers for support provided at Johnston Atoll.

      Sec. 374. Review of costs of maintaining historical properties.

      Sec. 375. Extension of authority to sell certain aircraft for use in wildfire suppression.

      Sec. 376. Overseas airlift service on Civil Reserve Air Fleet aircraft.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

      Sec. 401. End strengths for active forces.

Subtitle B--Reserve Forces

      Sec. 411. End strengths for Selected Reserve.

      Sec. 412. End strengths for Reserves on active duty in support of the reserves.

      Sec. 413. End strengths for military technicians (dual status).

      Sec. 414. Fiscal year 2001 limitation on non-dual status technicians.

      Sec. 415. Increase in numbers of members in certain grades authorized to be on active duty in support of the reserves.

Subtitle C--Other Matters Relating to Personnel Strengths

      Sec. 421. Suspension of strength limitations during war or national emergency.

      Sec. 422. Exclusion of certain reserve component members on active duty for more than 180 days from active component end strengths.

      Sec. 423. Exclusion of Army and Air Force medical and dental officers from limitation on strengths of reserve commissioned officers in grades below brigadier general.

      Sec. 424. Authority for temporary increases in number of reserve personnel serving on active duty or full-time National Guard duty in certain grades.

      Sec. 425. Temporary exemption of Director of the National Security Agency from limitations on number of Air Force officers above major general.

Subtitle D--Authorization of Appropriations

      Sec. 431. Authorization of appropriations for military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

      Sec. 501. Eligibility of Army Reserve colonels and brigadier generals for position vacancy promotions.

      Sec. 502. Promotion zones for Coast Guard Reserve officers.

      Sec. 503. Time for release of officer promotion selection board reports.

      Sec. 504. Clarification of authority for posthumous commissions and warrants.

      Sec. 505. Inapplicability of active-duty list promotion, separation, and involuntary retirement authorities to reserve general and flag officers serving in certain positions designated for reserve officers by the Chairman of the Joint Chiefs of Staff.

      Sec. 506. Review of actions of selection boards.

      Sec. 507. Extension to all Air Force biomedical sciences officers of authority to retain until specified age.

      Sec. 508. Termination of application requirement for consideration of officers for continuation on the Reserve Active-Status List.

      Sec. 509. Technical corrections relating to retired grade of reserve commissioned officers.

      Sec. 510. Grade of chiefs of reserve components and directors of National Guard components.

Subtitle B--Joint Officer Management

      Sec. 521. Joint specialty designations and additional identifiers.

      Sec. 522. Promotion objectives.

      Sec. 523. Education.

      Sec. 524. Length of joint duty assignment.

      Sec. 525. Annual report to Congress.

      Sec. 526. Multiple assignments considered as single joint duty assignment.

      Sec. 527. Joint duty requirement for promotion to one-star grades.

Subtitle C--Education and Training

      Sec. 541. Eligibility of children of Reserves for presidential appointment to service academies.

      Sec. 542. Selection of foreign students to receive instruction at service academies.

      Sec. 543. Repeal of contingent funding increase for Junior Reserve Officers Training Corps.

      Sec. 544. Revision of authority for Marine Corps Platoon Leaders Class Tuition Assistance Program.

Subtitle D--Matters Relating to Recruiting

      Sec. 551. Army recruiting pilot programs.

      Sec. 552. Enhancement of the joint and service recruitment market research and advertising programs.

      Sec. 553. Access to secondary schools for military recruiting purposes.

Subtitle E--Other Matters

      Sec. 561. Authority for award of Medal of Honor to certain specified persons.

      Sec. 562. Waiver of time limitations for award of certain decorations to certain persons.

      Sec. 563. Ineligibility for involuntary separation pay upon declination of selection for continuation on active duty.

      Sec. 564. Recognition by States of military testamentary instruments.

      Sec. 565. Sense of Congress on the court-martial conviction of Captain Charles Butler McVay, Commander of the U.S.S. Indianapolis, and on the courageous service of its crew.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

      Sec. 601. Increase in basic pay for fiscal year 2001.

      Sec. 602. Corrections for basic pay tables.

      Sec. 603. Pay in lieu of allowance for funeral honors duty.

      Sec. 604. Clarification of service excluded in computation of creditable service as a Marine Corps officer.

      Sec. 605. Calculation of basic allowance for housing.

      Sec. 606. Eligibility of members in grade E-4 to receive basic allowance for housing while on sea duty.

      Sec. 607. Personal money allowance for the senior enlisted members of the Armed Forces.

      Sec. 608. Increased uniform allowances for officers.

      Sec. 609. Cabinet-level authority to prescribe requirements and allowance for clothing of enlisted members.

Subtitle B--Bonuses and Special and Incentive Pays

      Sec. 611. Extension of certain bonuses and special pay authorities for reserve forces.

      Sec. 612. Extension of certain bonuses and special pay authorities for nurse officer candidates, registered nurses, and nurse anesthetists.

      Sec. 613. Extension of authorities relating to payment of other bonuses and special pays.

      Sec. 614. Consistency of authorities for special pay for reserve medical and dental officers.

      Sec. 615. Special pay for physician assistants of the Coast Guard.

      Sec. 616. Authorization of special pay and accession bonus for pharmacy officers.

      Sec. 617. Correction of references to Air Force veterinarians.

      Sec. 618. Entitlement of active duty officers of the Public Health Service Corps to special pays and bonuses of health professional officers of the Armed Forces.

      Sec. 619. Career sea pay.

      Sec. 620. Increased maximum rate of special duty assignment pay.

      Sec. 621. Expansion of applicability of authority for critical skills enlistment bonus to include all Armed Forces.

Subtitle C--Travel and Transportation Allowances

      Sec. 631. Advance payments for temporary lodging of members and dependents.

      Sec. 632. Incentive for shipping and storing household goods in less than average weights.

      Sec. 633. Expansion of funded student travel.

      Sec. 634. Benefits for members not transporting personal motor vehicles overseas.

Subtitle D--Retirement Benefits

      Sec. 641. Exception to high-36 month retired pay computation for members retired following a disciplinary reduction in grade.

      Sec. 642. Automatic participation in reserve component Survivor Benefit Plan unless declined with spouse's consent.

      Sec. 643. Participation in Thrift Savings Plan.

      Sec. 644. Retirement from active reserve service performed after regular retirement.

      Sec. 645. Same treatment for Federal judges as for other Federal officials regarding payment of military retired pay.

Subtitle E--Other Matters

      Sec. 651. Reimbursement of recruiting and ROTC personnel for parking expenses.

      Sec. 652. Extension of deadline for filing claims associated with capture and internment of certain persons by North Vietnam.

      Sec. 653. Settlement of claims for payments for unused accrued leave and for retired pay.

      Sec. 654. Eligibility of certain members of the Individual Ready Reserve for Servicemembers' Group Life Insurance.

      Sec. 655. Authority to pay gratuity to certain veterans of Bataan and Corregidor.

TITLE VII--HEALTH CARE

Subtitle A--Senior Health Care

      Sec. 701. Extension of TRICARE Senior Supplement demonstration program.

      Sec. 702. TRICARE Senior Prime demonstration program.

      Sec. 703. Extension and expansion of demonstration project for participation of uniformed services personnel in the Federal Employees Health Benefits program.

      Sec. 704. Implementation of redesigned pharmacy system.

Subtitle B--TRICARE Program

      Sec. 711. Additional beneficiaries under TRICARE Prime Remote program in CONUS.

      Sec. 712. Elimination of copayments for immediate family.

      Sec. 713. Improvement in business practices in the administration of the TRICARE program.

Subtitle C--Joint Initiatives With Department of Veterans Affairs

      Sec. 721. Tracking patient safety in military and veterans health care systems.

      Sec. 722. Pharmaceutical identification technology.

      Sec. 723. Medical informatics.

Subtitle D--Other Matters

      Sec. 731. Permanent authority for certain pharmaceutical benefits.

      Sec. 732. Provision of domiciliary and custodial care for CHAMPUS beneficiaries.

      Sec. 733. Medical and dental care for Medal of Honor recipients and their dependents.

      Sec. 734. School-required physical examinations for certain minor dependents.

      Sec. 735. Two-year extension of dental and medical benefits for surviving dependents of certain deceased members.

      Sec. 736. Extension of authority for contracts for medical services at locations outside medical treatment facilities.

      Sec. 737. Transition of chiropractic health care demonstration program to permanent status.

      Sec. 738. Use of information technology for enhancement of delivery of administrative services under the Defense Health Program.

      Sec. 739. Patient care reporting and management system.

      Sec. 740. Health care management demonstration program.

      Sec. 741. Studies of accrual financing for health care for military retirees.

      Sec. 742. Augmentation of Army Medical Department by reserve officers of the Public Health Service.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

      Sec. 801. Improvements in procurements of services.

      Sec. 802. Addition of threshold value requirement for applicability of a reporting requirement relating to multiyear contract.

      Sec. 803. Planning for the acquisition of information systems.

      Sec. 804. Tracking of information technology purchases.

      Sec. 805. Repeal of requirement for contractor assurances regarding the completeness, accuracy, and contractual sufficiency of technical data provided by the contractor.

      Sec. 806. Extension of authority for Department of Defense acquisition pilot programs.

      Sec. 807. Clarification and extension of authority to carry out certain prototype projects.

      Sec. 808. Clarification of authority of Comptroller General to review records of participants in certain prototype projects.

      Sec. 809. Eligibility of small business concerns owned and controlled by women for assistance under the Mentor-Protege Program.

      Sec. 810. Navy-Marine Corps intranet acquisition.

      Sec. 811. Qualifications required for employment and assignment in contracting positions.

      Sec. 812. Defense acquisition and support workforce.

      Sec. 813. Financial analysis of use of dual rates for quantifying overhead costs at Army industrial facilities.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

      Sec. 901. Repeal of limitation on major Department of Defense headquarters activities personnel.

      Sec. 902. Overall supervision of Department of Defense activities for combating terrorism.

      Sec. 903. National Defense Panel 2001.

      Sec. 904. Quadrennial National Defense Panel.

      Sec. 905. Inspector General investigations of prohibited personnel actions.

      Sec. 906. Network centric warfare.

      Sec. 907. Additional duties for the Commission To Assess United States National Security Space Management and Organization.

      Sec. 908. Special authority for administration of Navy Fisher Houses.

      Sec. 909. Organization and management of the Civil Air Patrol.

      Sec. 910. Responsibility for the National Guard Challenge Program.

      Sec. 911. Supervisory control of Armed Forces Retirement Home Board by Secretary of Defense.

      Sec. 912. Consolidation of certain Navy gift funds.

      Sec. 913. Temporary authority to dispose of a gift previously accepted for the Naval Academy.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

      Sec. 1001. Transfer authority.

      Sec. 1002. Authorization of emergency supplemental appropriations for fiscal year 2000.

      Sec. 1003. United States contribution to NATO common-funded budgets in fiscal year 2001.

      Sec. 1004. Annual OMB/CBO joint report on scoring of budget outlays.

      Sec. 1005. Prompt payment of contract vouchers.

      Sec. 1006. Repeal of certain requirements relating to timing of contract payments.

      Sec. 1007. Plan for prompt posting of contractual obligations.

      Sec. 1008. Plan for electronic submission of documentation supporting claims for contract payments.

      Sec. 1009. Administrative offsets for overpayment of transportation costs.

Subtitle B--Counter-Drug Activities

      Sec. 1011. Extension and increase of authority to provide additional support for counter-drug activities.

      Sec. 1012. Recommendations on expansion of support for counter-drug activities.

      Sec. 1013. Review of riverine counter-drug program.

Subtitle C--Strategic Forces

      Sec. 1015. Revised nuclear posture review.

      Sec. 1016. Plan for the long-term sustainment and modernization of United States strategic nuclear forces.

      Sec. 1017. Correction of scope of waiver authority for limitation on retirement or dismantlement of strategic nuclear delivery systems.

      Sec. 1018. Report on the defeat of hardened and deeply buried targets.

Subtitle D--Miscellaneous Reporting Requirements

      Sec. 1021. Annual report of the Chairman of the Joint Chiefs of Staff on combatant command requirements.

      Sec. 1022. Semiannual report on Joint Requirements Oversight Council.

      Sec. 1023. Preparedness of military installation first responders for incidents involving weapons of mass destruction.

      Sec. 1024. Date of submittal of reports on shortfalls in equipment procurement and military construction for the reserve components in future-years defense programs.

      Sec. 1025. Management review of Defense Logistics Agency.

      Sec. 1026. Management review of Defense Information Systems Agency.

Subtitle E--Information Security

      Sec. 1041. Institute for Defense Computer Security and Information Protection.

      Sec. 1042. Information security scholarship program.

      Sec. 1043. Process for prioritizing background investigations for security clearances for Department of Defense personnel.

      Sec. 1044. Authority to withhold certain sensitive information from public disclosure.

      Sec. 1045. Protection of operational files of the Defense Intelligence Agency.

Subtitle F--Other Matters

      Sec. 1051. Commemoration of the fiftieth anniversary of the Uniform Code of Military Justice.

      Sec. 1052. Technical corrections.

      Sec. 1053. Eligibility of dependents of American Red Cross employees for enrollment in Department of Defense domestic dependent schools in Puerto Rico.

      Sec. 1054. Grants to American Red Cross for Armed Forces emergency services.

      Sec. 1055. Transit pass program for certain Department of Defense personnel.

      Sec. 1056. Fees for providing historical information to the public.

      Sec. 1057. Access to criminal history record information for national security purposes.

      Sec. 1058. Sense of Congress on the naming of the CVN-77 aircraft carrier.

      Sec. 1059. Donation of Civil War cannon.

      Sec. 1060. Maximum size of parcel post packages transported overseas for Armed Forces post offices.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

      Sec. 1101. Computer/electronic accommodations program.

      Sec. 1102. Additional special pay for foreign language proficiency beneficial for United States national security interests.

      Sec. 1103. Increased number of positions authorized for the Defense Intelligence Senior Executive Service.

      Sec. 1104. Extension of authority for tuition reimbursement and training for civilian employees in the defense acquisition workforce.

      Sec. 1105. Work safety demonstration program.

      Sec. 1106. Employment and compensation of employees for temporary organizations established by law or Executive order.

      Sec. 1107. Extension of authority for voluntary separations in reductions in force.

      Sec. 1108. Electronic maintenance of performance appraisal systems.

      Sec. 1109. Approval authority for cash awards in excess of $10,000.

      Sec. 1110. Leave for crews of certain vessels.

      Sec. 1111. Life insurance for emergency essential Department of Defense employees.

      Sec. 1112. Civilian personnel services public-private competition pilot program.

      Sec. 1113. Extension, expansion, and revision of authority for experimental personnel program for scientific and technical personnel.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

      Sec. 1201. Authority to transfer naval vessels to certain foreign countries.

      Sec. 1202. Support of United Nations-sponsored efforts to inspect and monitor Iraqi weapons activities.

      Sec. 1203. Repeal of restriction preventing cooperative airlift support through acquisition and cross-servicing agreements.

      Sec. 1204. Western Hemisphere Institute for Professional Education and Training.

      Sec. 1205. Biannual report on Kosovo peacekeeping.

      Sec. 1206. Mutual assistance for monitoring test explosions of nuclear devices.

      Sec. 1207. Annual report on activities and assistance under Cooperative Threat Reduction programs.

      Sec. 1208. Limitation on use of funds for construction of a Russian facility for the destruction of chemical weapons.

      Sec. 1209. Limitation on use of funds for Elimination of Weapons Grade Plutonium Program.

TITLE XIII--NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO

      Sec. 1301. Assistance for economic growth on Vieques.

      Sec. 1302. Requirement for referendum on continuation of Navy training.

      Sec. 1303. Actions if training is approved.

      Sec. 1304. Requirements if training is not approved or mandate for referendum is vitiated.

      Sec. 1305. Exempt property.

      Sec. 1306. Moratorium on improvements at Fort Buchanan.

      Sec. 1307. Property transferred to Secretary of the Interior.

      Sec. 1308. Live Impact Area.

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. Correction in authorized use of funds, Marine Corps Combat Development Command, Quantico, Virginia.

TITLE XXIII--AIR FORCE

      Sec. 2301. Authorized Air Force construction and land acquisition projects.

      Sec. 2302. Family housing.

      Sec. 2303. Improvements to military family housing units.

      Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV--DEFENSE AGENCIES

      Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

      Sec. 2402. Energy conservation projects.

      Sec. 2403. Authorization of appropriations, Defense Agencies.

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.

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

      Sec. 2701. Expiration of authorizations and amounts required to be specified by law.

      Sec. 2702. Extension of authorizations of certain fiscal year 1998 projects.

      Sec. 2703. Extension of authorizations of certain fiscal year 1997 projects.

      Sec. 2704. Effective date.

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing Changes

      Sec. 2801. Joint use military construction projects.

      Sec. 2802. Exclusion of certain costs from determination of applicability of limitation on use of funds for improvement of family housing.

      Sec. 2803. Replacement of limitations on space by pay grade of military family housing with requirement for local comparability of military family housing.

      Sec. 2804. Modification of lease authority for high-cost military family housing.

      Sec. 2805. Applicability of competition policy to alternative authority for acquisition and improvement of military housing.

      Sec. 2806. Provision of utilities and services under alternative authority for acquisition and improvement of military housing.

      Sec. 2807. Extension of alternative authority for acquisition and improvement of military housing.

      Sec. 2808. Inclusion of readiness center in definition of armory for purposes of construction of reserve component facilities.

Subtitle B--Real Property and Facilities Administration

      Sec. 2811. Increase in threshold for reports to Congress on real property transactions.

      Sec. 2812. Enhancements of military lease authority.

      Sec. 2813. Expansion of procedures for selection of conveyees under authority to convey utility systems.

Subtitle C--Defense Base Closure and Realignment

      Sec. 2821. Scope of agreements to transfer property to redevelopment authorities without consideration under the base closure laws.

Subtitle D--Land Conveyances

Part I--Army Conveyances

      Sec. 2831. Land conveyance, Charles Melvin Price Support Center, Illinois.

      Sec. 2832. Land conveyance, Lieutenant General Malcolm Hay Army Reserve Center, Pittsburgh, Pennsylvania.

      Sec. 2833. Land conveyance, Colonel Harold E. Steele Army Reserve Center and maintenance shop, Pittsburgh, Pennsylvania.

      Sec. 2834. Land conveyance, Fort Lawton, Washington.

      Sec. 2835. Land conveyance, Vancouver Barracks, Washington.

Part II--Navy Conveyances

      Sec. 2851. Modification of land conveyance, Marine Corps Air Station, El Toro, California.

      Sec. 2852. Modification of land conveyance, Defense Fuel Supply Point, Casco Bay, Maine.

      Sec. 2853. Modification of land conveyance authority, former Naval Training Center, Bainbridge, Cecil County, Maryland.

      Sec. 2854. Land conveyance, Naval Computer and Telecommunications Station, Cutler, Maine.

Part III--Defense Agencies Conveyances

      Sec. 2871. Land conveyance, Army and Air Force Exchange Service property, Farmers Branch, Texas.

Subtitle E--Other Matters

      Sec. 2881. Naming of Army missile testing range at Kwajalein Atoll as the Ronald Reagan Ballistic Missile Test Site at Kwajalein Atoll.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

      Sec. 3101. National Nuclear Security Administration.

      Sec. 3102. Defense environmental restoration and waste management.

      Sec. 3103. Other defense activities.

      Sec. 3104. Defense environmental management privatization.

      Sec. 3105. Energy employees compensation initiative.

      Sec. 3106. Defense nuclear waste disposal.

      Sec. 3107. Interim storage activities.

Subtitle B--Recurring General Provisions

      Sec. 3121. Reprogramming.

      Sec. 3122. Limits on general plant projects.

      Sec. 3123. Limits on construction projects.

      Sec. 3124. Fund transfer authority.

      Sec. 3125. Authority for conceptual and construction design.

      Sec. 3126. Authority for emergency planning, design, and construction activities.

      Sec. 3127. Funds available for all national security programs of the Department of Energy.

      Sec. 3128. Availability of funds.

      Sec. 3129. Transfer of defense environmental management funds.

Subtitle C--National Nuclear Security Administration

      Sec. 3131. Term of office of person first appointed as Under Secretary for Nuclear Security of the Department of Energy.

      Sec. 3132. Membership of Under Secretary for Nuclear Security on the Joint Nuclear Weapons Council.

      Sec. 3133. Scope of authority of Secretary of Energy to modify organization of National Nuclear Security Administration.

      Sec. 3134. Prohibition on pay of personnel engaged in concurrent service or duties inside and outside National Nuclear Security Administration.

      Sec. 3135. Organization plan for field offices of the National Nuclear Security Administration.

      Sec. 3136. Future-years nuclear security program.

      Sec. 3137. Cooperative research and development of the National Nuclear Security Administration.

Subtitle D--Program Authorizations, Restrictions, and Limitations

      Sec. 3151. Processing, treatment, and disposition of legacy nuclear materials.

      Sec. 3152. Formerly Utilized Sites Remedial Action Program.

      Sec. 3153. Department of Energy defense nuclear nonproliferation programs.

      Sec. 3154. Modification of counterintelligence polygraph program.

      Sec. 3155. Employee incentives for employees at closure project facilities.

Subtitle E--Other Matters

      Sec. 3171. Extension of authority for appointment of certain scientific, engineering, and technical personnel.

      Sec. 3172. Updates of report on nuclear test readiness postures.

      Sec. 3173. Frequency of reports on inadvertent releases of Restricted Data and Formerly Restricted Data.

      Sec. 3174. Form of certifications regarding the safety or reliability of the nuclear weapons stockpile.

      Sec. 3175. Engineering and manufacturing research, development, and demonstration by plant managers of certain nuclear weapons production plants.

      Sec. 3176. Cooperative research and development agreements for government-owned, contractor-operated laboratories.

      Sec. 3177. Commendation of Department of Energy and contractor employees for exemplary service in stockpile stewardship and security.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

      Sec. 3201. Defense Nuclear Facilities Safety Board.

TITLE XXXIII--NAVAL PETROLEUM RESERVES

      Sec. 3301. Minimum price of petroleum sold from the naval petroleum reserves.

      Sec. 3302. Repeal of authority to contract for cooperative or unit plans affecting Naval Petroleum Reserve Numbered 1.

TITLE XXXIV--NATIONAL DEFENSE STOCKPILE

      Sec. 3401. Authorized uses of stockpile funds.

      Sec. 3402. Increased receipts under prior disposal authority.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term `congressional defense committees' means--

      (1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and

      (2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

    Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement for the Army as follows:

      (1) For aircraft, $1,749,662,000.

      (2) For missiles, $1,382,328,000.

      (3) For weapons and tracked combat vehicles, $2,115,138,000.

      (4) For ammunition, $1,224,323,000.

      (5) For other procurement, $4,068,570,000.

SEC. 102. NAVY AND MARINE CORPS.

    (a) NAVY- Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement for the Navy as follows:

      (1) For aircraft, $8,745,958,000.

      (2) For weapons, including missiles and torpedoes, $ 1,479,950,000.

      (3) For shipbuilding and conversion, $12,900,076,000.

      (4) For other procurement, $3,378,311,000.

    (b) MARINE CORPS- Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement for the Marine Corps in the amount of $1,181,035,000.

    (c) NAVY AND MARINE CORPS AMMUNITION- Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement of ammunition for the Navy and the Marine Corps in the amount of $496,749,000.

SEC. 103. AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement for the Air Force as follows:

      (1) For aircraft, $9,968,371,000.

      (2) For ammunition, $666,808,000.

      (3) For missiles, $3,005,915,000.

      (4) For other procurement, $7,724,527,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 2001 for Defense-wide procurement in the amount of $2,184,608,000.

SEC. 105. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement for the Inspector General of the Department of Defense in the amount of $3,300,000.

SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

    There is hereby authorized to be appropriated for fiscal year 2001 the amount of $1,003,500,000 for--

      (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and

      (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.

SEC. 107. DEFENSE HEALTH PROGRAMS.

    Funds are hereby authorized to be appropriated for fiscal year 2001 for the Department of Defense for procurement for carrying out health care programs, projects, and activities of the Department of Defense in the total amount of $290,006,000.

Subtitle B--Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR CERTAIN PROGRAMS.

    (a) AUTHORITY- Beginning with the fiscal year 2001 program year, the Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into multiyear contracts for procurement of the following:

      (1) M2A3 Bradley fighting vehicles.

      (2) UH-60L Blackhawk helicopters.

      (3) CH-60S Seahawk helicopters.

    (b) LIMITATION FOR BRADLEY FIGHTING VEHICLES- The period for a multiyear contract entered into under subsection (a)(1) may not exceed the three consecutive program years beginning with the fiscal year 2001 program year.

    (c) REPEAL OF SUPERSEDED AUTHORITY- Section 111 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 531) is amended by striking paragraph (2).

SEC. 112. REPORTS AND LIMITATIONS RELATING TO ARMY TRANSFORMATION.

    (a) REPORT ON OBJECTIVE FORCE DEVELOPMENT PROCESS- The Secretary of the Army shall submit to the congressional defense committees a report on the process for developing the objective force in the transformation of the Army. The report shall include the following:

      (1) The operational environments envisioned for the objective force.

      (2) The threat assumptions on which research and development efforts for transformation of the Army into the objective force are based.

      (3) The potential operational and organizational concepts for the objective force.

      (4) The key performance parameters anticipated for the objective force and the operational requirements anticipated for the operational requirements document of the objective force.

      (5) The schedule of Army transformation activities through fiscal year 2012, together with--

        (A) the projected funding requirements through that fiscal year for the research and development activities and the procurement activities;

        (B) the specific adjustments that are made for Army programs in the future-years defense program and in the extended planning program in order to program the funding necessary to meet the funding requirements for Army transformation; and

        (C) a summary of the anticipated investments of the Defense Advanced Research Projects Agency in programs designed to lead to the fielding of future combat systems for the objective force.

      (6) The joint warfighting requirements that will be supported by the fielding of the objective force, together with a description of the adjustments that are planned to be made in the war plans of the commanders of the regional unified combatant commands in relation to the fielding of the objective force.

      (7) The changes in lift requirements that result from the establishment and fielding of the combat brigades of the objective force.

      (8) The evaluation process that will be used to support decisionmaking on the course of the Army transformation, including a description of the operational evaluations and experimentation that will be used to validate the key performance parameters associated with the objective force and the operational requirements for the operational requirements document of the objective force.

    (b) REPORTS ON MEDIUM ARMORED COMBAT VEHICLES FOR THE INTERIM BRIGADE COMBAT TEAMS- (1) The Secretary of the Army shall develop and carry out a plan for comparing--

      (A) the costs and operational effectiveness of the medium armored combat vehicles selected for the infantry battalions of the interim brigade combat teams; and

      (B) the costs and operational effectiveness of the medium armored vehicles currently in the Army inventory for the use of infantry battalions.

    (2) The plan shall provide for the costs and operational effectiveness of the two sets of vehicles to be determined on the basis of the results of an operational analysis that involves the participation of at least one infantry battalion that is fielded with medium armored vehicles currently in the Army inventory and is similar in organization to the infantry battalions of the interim brigade combat teams.

    (3) The Director of Operational Test and Evaluation of the Department of Defense shall review the plan developed under paragraph (1) and submit the Director's comments on the plan to the Secretary of the Army.

    (4) Not later than February 1, 2001, the Secretary of the Army shall submit to the congressional defense committees a report on the plan developed under paragraph (1). The report shall include the following:

      (A) The plan.

      (B) The comments of the Director of Operational Test and Evaluation on the plan.

      (C) A discussion of how the results of the operational analysis are to be used to guide future decisions on the acquisition of medium armored combat vehicles for additional interim brigade combat teams.

      (D) The specific adjustments that are made for Army programs in the future-years defense program and in the extended planning program in order to program the funding necessary for fielding the interim brigade combat teams.

    (5)(A) Not later than March 1, 2002, the Secretary of the Army shall submit to the congressional defense committees a report on the results of the comparison of costs and operational effectiveness of the two sets of medium armored combat vehicles under paragraph (1).

    (B) The report under subparagraph (A) shall include a certification by the Secretary of Defense regarding whether the results of the comparison would support the continuation in fiscal year 2003 and beyond of the acquisition of the additional medium armored combat vehicles proposed to be used for equipping the interim brigade combat teams.

    (c) LIMITATIONS- (1) Not more than 60 percent of the amount appropriated for the procurement of armored vehicles in the family of new medium armored vehicles pursuant to the authorization of appropriations in section 101(3) may be obligated until the date that is 30 days after the date on which the Secretary of the Army submits the report required under subsection (b)(4) to the congressional defense committees.

    (2) Not more than 60 percent of the funds appropriated for the Army for fiscal year 2002 for the procurement of armored vehicles in the family of new medium armored combat vehicles may be obligated until the date that is 30 days after the date on which the Secretary of the Army submits the report required under subsection (b)(5) to the congressional defense committees.

    (d) DEFINITIONS- In this section:

      (1) The term `transformation', with respect to the Army, means the actions being undertaken to transform the Army, as it is constituted in terms of organization, equipment, and doctrine in 2000, into the objective force.

      (2) The term `objective force' means the Army that has the organizational structure, the most advanced equipment that early twenty-first century science and technology can provide, and the appropriate doctrine to ensure that the Army is responsive, deployable, agile, versatile, lethal, survivable, and sustainable for the full spectrum of the operations anticipated to be required of the Army during the early years of the twenty-first century following 2010.

      (3) The term `interim brigade combat team' means an Army brigade that is designated by the Secretary of the Army as a brigade combat team and is reorganized and equipped with currently available equipment in a configuration that effectuates an evolutionary advancement toward transformation of the Army to the objective force.

Subtitle C--Navy Programs

SEC. 121. CVNX-1 NUCLEAR AIRCRAFT CARRIER PROGRAM.

    (a) AUTHORIZATION OF SHIP- The Secretary of the Navy is authorized to procure the aircraft carrier to be designated CVNX-1.

    (b) ADVANCE PROCUREMENT AND CONSTRUCTION- The Secretary may enter into one or more contracts for the advance procurement and advance construction of components for the ship authorized under subsection (a).

    (c) AMOUNT AUTHORIZED FROM SCN ACCOUNT- Of the amounts authorized to be appropriated under section 102(a)(3) for fiscal year 2001, $21,869,000 is available for the advance procurement and advance construction of components (including nuclear components) for the CVNX-1 aircraft carrier program.

SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

    (a) ECONOMICAL MULTIYEAR PROCUREMENT OF PREVIOUSLY AUTHORIZED VESSELS AND ONE ADDITIONAL VESSEL- (1) Subsection (b) of section 122 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2446), as amended by section 122(a) of Public Law 106-65 (113 Stat. 535), is further amended by striking `a total of 18 Arleigh Burke class destroyers' in the first sentence and all that follows through the period at the end of that sentence and inserting `Arleigh Burke class destroyers in accordance with this subsection and subsection (a)(4) at procurement rates not in excess of 3 ships in each of the fiscal years beginning after September 30, 1998, and before October 1, 2005. The authority under the preceding sentence is subject to the availability of appropriations for such destroyers.'.

    (2) The heading for such subsection is amended by striking `18'.

    (b) ECONOMICAL RATE OF PROCUREMENT- It is the sense of Congress that, for the procurement of the Arleigh Burke class destroyers to be procured after fiscal year 2001 under multiyear contracts authorized under section 122(b) of Public Law 104-201--

      (1) the Secretary of the Navy should--

        (A) achieve the most economical rate of procurement; and

        (B) enter into such contracts for advance procurement as may be necessary to achieve that rate of procurement;

      (2) the most economical rate of procurement would be achieved by procuring 3 of the destroyers in each of fiscal years 2002 and 2003 and procuring another destroyer in fiscal year 2004; and

      (3) the Secretary has the authority under section 122(b) of Public Law 104-201 (110 Stat. 2446) and subsections (b) and (c) of section 122 of Public Law 106-65 (113 Stat. 534) to provide for procurement at the most economical rate, as described in paragraph (2).

    (c) UPDATE OF 1993 REPORT ON DDG-51 CLASS SHIPS- (1) The Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives, not later than November 1, 2000, a report that updates the information provided in the report of the Secretary of the Navy entitled the `Arleigh Burke (DDG-51) Class Industrial Base Study of 1993'. The Secretary shall transmit a copy of the updated report to the Comptroller General not later than the date on which the Secretary submits the report to the committees.

    (2) The Comptroller General shall review the updated report submitted under paragraph (1) and, not later than December 1, 2000, submit to the Committees on Armed Services of the Senate and House of Representatives the Comptroller General's comments on the updated report.

SEC. 123. VIRGINIA CLASS SUBMARINE PROGRAM.

    (a) AMOUNTS AUTHORIZED FROM SCN ACCOUNT- Of the amounts authorized to be appropriated by section 102(a)(3) for fiscal year 2001, $1,711,234,000 is available for the Virginia class submarine program.

    (b) CONTRACT AUTHORITY- (1) The Secretary of the Navy is authorized to enter into a contract for the procurement of up to five Virginia class submarines, including the procurement of material in economic order quantities when cost savings are achievable, during fiscal years 2003 through 2006. The submarines authorized under the preceding sentence are in addition to the submarines authorized under section 121(b) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1648).

    (2) A contract entered into under paragraph (1) shall include a clause that states that any obligation of the United States to make a payment under this contract is subject to the availability of appropriations for that purpose.

    (c) SHIPBUILDER TEAMING- Paragraphs (2)(A), (3), and (4) of section 121(b) of Public Law 105-85 apply to the procurement of submarines under this section.

    (d) LIMITATION OF LIABILITY- If a contract entered into under this section is terminated, the United States shall not be liable for termination costs in excess of the total of the amounts appropriated for the Virginia class submarine program that remain available for the program.

    (e) REPORT REQUIREMENT- At that same time that the President submits the budget for fiscal year 2002 to Congress under section 1105(a) of title 31, United States Code, the Secretary of Defense shall submit to the congressional defense committees a report on the Navy's fleet of fast attack submarines. The report shall include the following:

      (1) A plan for maintaining at least 55 fast attack submarines in commissioned service through 2015, including, by 2015, 18 Virginia class submarines.

      (2) Two assessments of the potential savings that would be achieved under the Virginia class submarine program if the production rate for such program were at least two submarines each fiscal year, as follows:

        (A) An assessment if that were the production rate beginning in fiscal year 2004.

        (B) An assessment if that were the production rate beginning in fiscal year 2006.

      (3) An analysis of the advantages and disadvantages of various contracting strategies for Virginia class submarine program, including one or more multiyear procurement strategies and one or more strategies for block buy with economic order quantity.

SEC. 124. ADC(X) SHIP PROGRAM.

    Notwithstanding any other provision of law, the Secretary of the Navy may procure the construction of all ADC(X) class ships in one shipyard if the Secretary determines that it is more cost effective to do so than to procure the construction of such ships from more than one shipyard.

SEC. 125. REFUELING AND COMPLEX OVERHAUL PROGRAM OF THE CVN-69 NUCLEAR AIRCRAFT CARRIER.

    (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT- Of the amount authorized to be appropriated by section 102(a)(3) for fiscal year 2001, $703,441,000 is available for the commencement of the nuclear refueling and complex overhaul of the CVN-69 aircraft carrier during fiscal year 2001. The amount made available in the preceding sentence is the first increment in the incremental funding planned for the nuclear refueling and complex overhaul of the CVN-69 aircraft carrier.

    (b) CONTRACT AUTHORITY- The Secretary of the Navy is authorized to enter into a contract during fiscal year 2001 for the nuclear refueling and complex overhaul of the CVN-69 nuclear aircraft carrier before full funding for the contract is available and to provide for the performance of the contract to begin.

Subtitle D--Air Force Programs

SEC. 131. REPEAL OF REQUIREMENT FOR ANNUAL REPORT ON B-2 BOMBER AIRCRAFT PROGRAM.

    Section 112 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1373), as amended by section 141 of Public Law 104-106 (110 Stat. 213), is repealed.

Subtitle E--Other Matters

SEC. 141. PUEBLO CHEMICAL DEPOT CHEMICAL AGENT AND MUNITIONS DESTRUCTION TECHNOLOGIES.

    (a) LIMITATION- In determining the technologies to be used for the destruction of the stockpile of lethal chemical agents and munitions at Pueblo Chemical Depot, Colorado, whether under the assessment required by section 141(a) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 537; 50 U.S.C. 1521 note), the Assembled Chemical Weapons Assessment, or any other assessment, the Secretary of Defense may consider only the following technologies:

      (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 (section 101(b) of Public Law 104-208; 110 Stat. 3009-101; 50 U.S.C. 1521 note).

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2001 for the use of the Department of Defense for research, development, test, and evaluation as follows:

      (1) For the Army, $5,461,946,000.

      (2) For the Navy, $8,665,865,000.

      (3) For the Air Force, $13,927,836,000.

      (4) For Defense-wide activities, $11,275,202,000, of which $223,060,000 is authorized for the Director of Operational Test and Evaluation.

SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

    (a) FISCAL YEAR 2001- Of the amounts authorized to be appropriated by section 201, $4,702,604,000 shall be available for basic research and applied research projects.

    (b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED- For purposes of this section, the term `basic research and applied research' means work funded in program elements for defense research and development under Department of Defense category 6.1 or 6.2.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. FISCAL YEAR 2002 JOINT FIELD EXPERIMENT.

    (a) REQUIREMENTS- The Secretary of Defense shall carry out a joint field experiment in fiscal year 2002. The Secretary shall ensure that the planning for the joint field experiment is carried out during fiscal year 2001.

    (b) PURPOSE- The purpose of the joint field experiment is to explore the most critical war fighting challenges at the operational level of war that will confront United States joint military forces after 2010.

    (c) PARTICIPATING FORCES- (1) The joint field experiment shall involve elements of Army, Navy, Marine Corps, and Air Force, and shall include special operations forces.

    (2) The forces designated to participate in the joint field experiment shall exemplify the concepts for organization, equipment, and doctrine that are conceived for the forces after 2010 under Joint Vision 2010 (issued by the Joint Chiefs of Staff) and the current vision statements of the Chief of Staff of the Army, the Chief of Naval Operations and the Commandant of the Marine Corps, and the Chief of Staff of the Air Force, including the following concepts:

      (A) Air Force expeditionary aerospace forces.

      (B) Army medium weight brigades.

      (C) Navy forward from the sea.

    (d) FUNDING- Of the amount authorized to be appropriated under section 201(2) for joint experimentation, $6,000,000 shall be available only for planning the joint field experiment required under this section.

SEC. 212. NUCLEAR AIRCRAFT CARRIER DESIGN AND PRODUCTION MODELING.

    Of the amount authorized to be appropriated under section 201(2) for the Navy for nuclear aircraft carrier design and production modeling, $10,000,000 shall be available for the conversion and development of nuclear aircraft carrier design data into an electronic, three-dimensional product model.

SEC. 213. DD-21 CLASS DESTROYER PROGRAM.

    (a) AUTHORITY- The Secretary of the Navy is authorized to pursue a technology insertion approach for the construction of the DD-21 destroyer on the following schedule:

      (1) Commencement of construction during fiscal year 2004.

      (2) Delivery of the completed vessel during fiscal year 2009.

    (b) SENSE OF CONGRESS- It is the sense of Congress that--

      (1) there are compelling reasons for starting the program for constructing the DD-21 destroyer in fiscal year 2004 and continuing with sequential construction of DD-21 class destroyers during the ensuing fiscal years until 32 DD-21 class destroyers are constructed; and

      (2) the Secretary of the Navy, in providing for the acquisition of DD-21 class destroyers, should consider that--

        (A) the Marine Corps needs the surface fire support capabilities of the DD-21 class destroyers as soon as possible in order to mitigate the inadequacies of the surface fire support capabilities that are currently available;

        (B) the Navy and Marine Corps need to resolve whether there is a requirement for surface fire support missile weapon systems to be easily sustainable by means of replenishment while under way;

        (C) the technology insertion approach has been successful for other ship construction programs and is being pursued for the CVN(X) and Virginia class submarine programs;

        (D) the establishment of a stable configuration for the first 10 DD-21 class destroyers should enable the construction of the ships with the greatest capabilities at the lowest cost; and

        (E) action to acquire DD-21 class destroyers should be taken as soon as possible in order to realize fully the cost savings that can be derived from the construction and operation of DD-21 class destroyers, including--

          (i) savings in construction costs that would result from achievement of the Navy's target per-ship cost of $750,000,000 by the fifth ship constructed in each construction yard;

          (ii) savings that will result from the estimated reduction of the crews of destroyers by 200 or more personnel for each ship; and

          (iii) savings that will result from a reduction in the operating costs for destroyers by an estimated 70 percent.

    (c) NAVY PLAN FOR USE OF TECHNOLOGY INSERTION APPROACH FOR CONSTRUCTION OF THE DD-21 SHIP- The Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives, not later than April 18, 2001, a plan for pursuing a technology insertion approach for the construction of the DD-21 destroyer as authorized under subsection (a). The plan shall include estimates of the resources necessary to execute the plan.

    (d) REPORT ON ACQUISITION AND MAINTENANCE PLAN FOR DD-21 CLASS SHIPS- The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives, not later than April 18, 2001, a report on the Navy's plan for the acquisition and maintenance of DD-21 class destroyers. The report shall include a discussion of each of the following matters:

      (1) The technical feasibility of commencing construction of the DD-21 destroyer in fiscal year 2004 and achieving delivery of the completed ship to the Navy during fiscal year 2009.

      (2) An analysis of the advantages and disadvantages of various contracting strategies for the construction of the first 10 DD-21 class destroyers, including one or more multiyear procurement strategies and one or more strategies for block buy in economic order quantity.

      (3) The effects on the destroyer industrial base and on costs to other Navy shipbuilding programs of delaying the commencement of construction of the DD-21 destroyer until fiscal year 2005 and delaying the commencement of construction of the next DD-21 class destroyer until fiscal year 2007.

      (4) The effects on the fleet maintenance strategies of Navy fleet commanders, on commercial maintenance facilities in fleet concentration areas, and on the administration of funds in compliance with section 2466 of title 10, United States Code, of awarding to a contractor for the construction of a DD-21 class destroyer all maintenance workloads for DD-21 class destroyers that are below depot-level maintenance and above ship-level maintenance.

SEC. 214. F-22 AIRCRAFT PROGRAM.

    Section 217(c) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1660) is amended by adding at the end the following:

      `(3) With respect to the limitation in subsection (a), an increase by an amount that does not exceed one percent of the total amount of that limitation (taking into account the increases and decreases, if any, under paragraphs (1) and (2)) if the Director of Operational Test and Evaluation, after consulting with the Under Secretary of Defense for Acquisition, Technology, and Logistics, determines that the increase is necessary in order to ensure adequate testing.'.

SEC. 215. JOINT STRIKE FIGHTER PROGRAM.

    (a) REPORT- Not later than December 15, 2000, the Secretary shall submit to Congress a report on the joint strike fighter program. The report shall contain the following:

      (1) A description of the program as the program has been restructured before the date of the report, including any modified acquisition strategy that has been incorporated into the program.

      (2) The exit criteria that have been established to ensure that technical risks are at levels acceptable for entry of the program into engineering and manufacturing development.

    (b) TRANSFERS FROM OTHER NAVY AND AIR FORCE ACCOUNTS- (1) Notwithstanding any other provision of this Act, the Secretary may transfer to the joint strike fighter program or within the joint strike fighter program amounts authorized to be appropriated under section 201 for a purpose other than the purpose of the authorization of appropriations to which transferred, as follows:

      (A) Of the funds authorized to be appropriated under section 201(2), up to $150,000,000.

      (B) Of the funds authorized to be appropriated under section 201(3), up to $150,000,000.

    (2) The transfer authority under paragraph (1) is in addition to the transfer authority provided in section 1001.

SEC. 216. GLOBAL HAWK HIGH ALTITUDE ENDURANCE UNMANNED AERIAL VEHICLE.

    (a) CONCEPT DEMONSTRATION REQUIRED- The Secretary of Defense shall require and coordinate a concept demonstration of the Global Hawk high altitude endurance unmanned aerial vehicle.

    (b) PURPOSE OF DEMONSTRATION- The purpose of the concept demonstration is to demonstrate the capability of the Global Hawk high altitude endurance unmanned aerial vehicle to operate in an airborne surveillance mode, using available, non-developmental technology.

    (c) TIME FOR DEMONSTRATION- The demonstration shall take place as early in fiscal year 2001 as the Secretary determines practicable.

    (d) PARTICIPATION BY CINCS- The Secretary shall require the Commander in Chief of the United States Joint Forces Command and the Commander in Chief of the United States Southern Command jointly to provide guidance for the demonstration and otherwise to participate in the demonstration.

    (e) SCENARIO FOR DEMONSTRATION- The demonstration shall be conducted in a counter-drug surveillance scenario that is designed to replicate factual conditions typically encountered in the performance of the counter-drug surveillance mission of the Commander in Chief of the United States Southern Command within that commander's area of responsibility.

    (f) REPORT- Not later than 45 days after the concept demonstration is completed, the Secretary shall submit to Congress a report on the results of the demonstration. The report shall include the following:

      (1) The Secretary's assessment of the technical feasibility of using the Global Hawk high altitude endurance unmanned aerial vehicle for airborne air surveillance.

      (2) A discussion of the operational concept for the use of the vehicle for that purpose.

SEC. 217. UNMANNED ADVANCED CAPABILITY AIRCRAFT AND GROUND COMBAT VEHICLES.

    (a) GOAL- It shall be a goal of the Armed Forces to achieve the fielding of unmanned, remotely controlled technology such that--

      (1) by 2010, one-third of the operational deep strike aircraft of the Armed Forces are unmanned; and

      (2) by 2015, one-third of the operational ground combat vehicles of the Armed Forces are unmanned.

    (b) REPORT ON ADVANCED CAPABILITY GROUND COMBAT VEHICLES- Not later than January 31, 2001, the Secretary of Defense shall submit to the congressional defense committees a report on each of the programs undertaken by the Secretaries of the Army, Navy, and Air Force jointly with the Director of the Defense Advanced Research Projects Agency to demonstrate advanced capability ground combat vehicles. The report shall include the following for the program of each military department:

      (1) A schedule for the program, including, in the case of the Army program, a schedule for the demonstration of the capability for unmanned, remotely controlled operation of advanced capability ground combat vehicles for the Army.

      (2) An identification of the funding required for fiscal year 2002 and for the future-years defense program to carry out the program and, in the case of the Army program, for the demonstration described in paragraph (1).

      (3) A description and assessment of the acquisition strategy for unmanned ground combat vehicles planned by the Secretary of the military department concerned, together with a complete identification of all operation, support, ownership, and other costs required to carry out such strategy through the year 2030.

    (c) FUNDS- Of the amount authorized to be appropriated for Defense-wide activities under section 201(4) for the Defense Advanced Research Projects Agency, $200,000,000 shall be available only to carry out the programs referred to in subsection (b).

SEC. 218. ARMY SPACE CONTROL TECHNOLOGY DEVELOPMENT.

    (a) KINETIC ENERGY ANTI-SATELLITE TECHNOLOGY PROGRAM- Of the funds authorized to be appropriated under section 201(4), $20,000,000 shall be available for the kinetic energy anti-satellite technology program.

    (b) OTHER ARMY SPACE CONTROL TECHNOLOGY DEVELOPMENT- Of the funds authorized to be appropriated under section 201(4), $5,000,000 shall be available for the development of space control technologies that emphasize reversible or temporary effects.

    (c) LIMITATION- None of the funds made available pursuant to subsection (b) may be obligated until the funds provided for the kinetic energy anti-satellite technology program under subsection (a) have been released to the kinetic energy anti-satellite technology program manager.

SEC. 219. RUSSIAN AMERICAN OBSERVATION SATELLITES PROGRAM.

    None of the funds authorized to be appropriated under section 201(4) for the Russian American Observation Satellites program may be obligated or expended until 30 days after the Secretary of Defense submits to Congress a report explaining how the Secretary plans to protect United States advanced military technology that may be associated with the Russian American Observation Satellites program.

SEC. 220. JOINT BIOLOGICAL DEFENSE PROGRAM.

    (a) LIMITATION- Funds authorized to be appropriated by this Act may not be obligated for the procurement of a vaccine for the biological agent anthrax until the Secretary of Defense has submitted to the congressional defense committees the following:

      (1) A written notification that the Food and Drug Administration has approved for production of the vaccine the manufacturing source from which the Department of Defense is procuring the vaccine as of the date of the enactment of this Act (hereafter in this section referred to as the `current manufacturer').

      (2) A report on the contingencies associated with continuing to rely on the current manufacturer to supply anthrax vaccine.

    (b) CONTENT OF REPORT- The report required under subsection (a)(2) shall include the following:

      (1) Recommended strategies to mitigate the risk to the Department of Defense of losing the current manufacturer as a source of anthrax vaccine, together with a discussion of the criteria to be applied in determining whether to carry out any of the strategies and which strategy to carry out.

      (2) Recommended strategies to ensure that the Department of Defense can procure from any source or sources an anthrax vaccine approved by the Food and Drug Administration that meets the requirements of the department if--

        (A) the Food and Drug Administration does not approve the release of the anthrax vaccine available from the current manufacturer; or

        (B) the current manufacturer terminates the production of anthrax vaccine permanently.

      (3) A five-year budget to support each strategy recommended under paragraph (1) or (2).

SEC. 221. REPORT ON BIOLOGICAL WARFARE DEFENSE VACCINE RESEARCH AND DEVELOPMENT PROGRAMS.

    (a) REQUIREMENT FOR REPORT- The Secretary of Defense shall submit to the congressional defense committees, not later than February 1, 2001, a report on the acquisition of biological warfare defense vaccines for the Department of Defense.

    (b) CONTENT OF REPORT- The report shall include the following:

      (1) The Secretary's evaluation of the implications of reliance on the commercial sector to meet the requirements of the Department of Defense for biological warfare defense vaccines.

      (2) A complete design for a facility at an alternative site determined by the Secretary that is designed to be operated under government ownership by a contractor for the production of biological warfare defense vaccines to meet the current and future requirements of the Department of Defense for biological warfare defense vaccines, together with--

        (A) an estimation of the cost of contractor operation of such a facility for that purpose;

        (B) a determination, developed in consultation with the Surgeon General of the United States, on the utility of such a facility to support civilian vaccine requirements and a discussion of the effects that the use of the facility for that purpose would have on the operating costs for vaccine production at the facility; and

        (C) an analysis of the effects that international demand for vaccines would have on the operating costs for vaccine production at such a facility.

    (c) BIOLOGICAL WARFARE DEFENSE VACCINE DEFINED- In this section, the term `biological warfare defense vaccine' means a vaccine useful for the immunization of military personnel to protect against biological agents on the Validated Threat List issued by the Joint Chiefs of Staff, whether such vaccine is in production or is being developed.

Subtitle C--Other Matters

SEC. 241. MOBILE OFFSHORE BASE.

    (a) REPORT- Not later than March 1, 2001, the Secretary of Defense shall submit to Congress a report on the mobile offshore base concept.

    (b) CONTENT OF REPORT- The report shall contain the following:

      (1) A cost-benefit analysis of the mobile offshore base, using operational concepts that would support the National Military Strategy.

      (2) A recommendation regarding whether to proceed with the mobile offshore base as a program and, if so--

        (A) a statement regarding which of the Armed Forces is to be designated to have the lead responsibility for the program; and

        (B) a schedule for the program.

SEC. 242. AIR FORCE SCIENCE AND TECHNOLOGY PLANNING.

    (a) REPORT- Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the long-term challenges and short-term objectives of the Air Force science and technology program. The report shall include the following:

      (1) An assessment of the budgetary resources that are being used for fiscal year 2001 for addressing the long-term challenges and the short-term objectives.

      (2) The budgetary resources that are necessary to address those challenges and objectives adequately.

      (3) A course of action for any projected or ongoing Air Force science and technology programs that do not address either the long-term challenges or the short-term objectives.

      (4) The matters required under subsection (b)(5) and (c)(6).

    (b) LONG-TERM CHALLENGES- (1) The Secretary of the Air Force shall establish an integrated product team to identify high-risk, high-payoff challenges that will provide a long-term focus and motivation for the Air Force science and technology program over the next 20 to 50 years. The integrated product team shall include representatives of the Office of Scientific Research and personnel from the Air Force Research Laboratory.

    (2) The team shall solicit views from the entire Air Force science and technology community on the matters under consideration by the team.

    (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 include as a selected challenge any linear extension of an ongoing Air Force science and technology program.

    (4) The Deputy Assistant Secretary of the Air Force for Science, Technology, and Engineering shall designate a technical coordinator and a management coordinator for each science and technology challenge identified pursuant to this subsection. Each technical coordinator shall have sufficient expertise in fields related to the challenge to be able to identify other experts and affirm the credibility of the program. The coordinator for a science and technology challenge shall conduct workshops within the relevant scientific and technological community to obtain suggestions for possible approaches to addressing the challenge, to identify ongoing work that addresses the challenge, to identify gaps in current work relating to the challenge, and to highlight promising areas of research.

    (5) The report required by subsection (a) shall, at a minimum, provide information on each science and technology challenge identified pursuant to this subsection and describe the results of the workshops conducted pursuant to paragraph (4), including any work not currently funded by the Air Force that should be performed to meet the challenge.

    (c) SHORT-TERM OBJECTIVES- (1) The Secretary of the Air Force shall establish a task force to identify short-term technological objectives of the Air Force science and technology program. The task force shall be chaired by the Deputy Assistant Secretary of the Air Force for Science, Technology, and Engineering and shall include representatives of the Chief of Staff of the Air Force and the specified combatant commands of the Air Force.

    (2) The task force shall solicit views from the entire Air Force requirements community, user community, and acquisition community.

    (3) The task force shall select for consideration short-term objectives that involve--

      (A) compelling requirements of the Air Force;

      (B) support in the user community; and

      (C) likely attainment of the desired benefits within a 5-year period.

    (4) The Deputy Assistant Secretary of the Air Force for Science, Technology, and Engineering shall establish an integrated product team for each short-term objective identified pursuant to this subsection. Each integrated product team shall include representatives of the requirements community, the user community, and the science and technology community with relevant expertise.

    (5) The integrated product team for a short-term objective shall be responsible for--

      (A) identifying, defining, and prioritizing the enabling capabilities that are necessary for achieving the objective;

      (B) identifying gaps in the enabling capabilities that must be addressed if the short-term objective is to be achieved; and

      (C) working with the Air Force science and technology community to identify science and technology projects and programs that should be undertaken to fill each gap in an enabling capability.

    (6) The report required by subsection (a) shall, at a minimum, describe each short-term science and technology objective identified pursuant to this subsection and describe the work of the integrated product teams conducted pursuant to paragraph (5), including any gaps identified in enabling capabilities and the science and technology work that should be undertaken to fill each such gap.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal year 2001 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:

      (1) For the Army, $19,028,531,000.

      (2) For the Navy, $23,254,154,000.

      (3) For the Marine Corps, $2,746,558,000.

      (4) For the Air Force, $22,389,077,000.

      (5) For Defense-wide activities, $11,973,569,000.

      (6) For the Army Reserve, $1,526,418,000.

      (7) For the Naval Reserve, $965,946,000.

      (8) For the Marine Corps Reserve, $138,959,000.

      (9) For the Air Force Reserve, $1,890,859,000.

      (10) For the Army National Guard, $3,222,335,000.

      (11) For the Air National Guard, $3,450,875,000.

      (12) For the Defense Inspector General, $144,245,000.

      (13) For the United States Court of Appeals for the Armed Forces, $8,574,000.

      (14) For Environmental Restoration, Army, $389,932,000.

      (15) For Environmental Restoration, Navy, $294,038,000.

      (16) For Environmental Restoration, Air Force, $376,300,000.

      (17) For Environmental Restoration, Defense-wide, $23,412,000.

      (18) For Environmental Restoration, Formerly Used Defense Sites, $186,499,000.

      (19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $55,400,000.

      (20) For Drug Interdiction and Counter-drug Activities, Defense-wide, $845,300,000.

      (21) For the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Trust Fund, $25,000,000.

      (22) For Defense Health Program, $11,401,723,000.

      (23) For Cooperative Threat Reduction programs, $458,400,000.

      (24) For Overseas Contingency Operations Transfer Fund, $4,100,577,000.

SEC. 302. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2001 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:

      (1) For the Defense Working Capital Funds, $916,276,000.

      (2) For the National Defense Sealift Fund, $388,158,000.

SEC. 303. ARMED FORCES RETIREMENT HOME.

    There is hereby authorized to be appropriated for fiscal year 2001 from the Armed Forces Retirement Home Trust Fund the sum of $69,832,000 for the operation of the Armed Forces Retirement Home, including the United States Soldiers' and Airmen's Home and the Naval Home.

SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.

    (a) TRANSFER AUTHORITY- To the extent provided in appropriations Acts, not more than $150,000,000 is authorized to be transferred from the National Defense Stockpile Transaction Fund to operation and maintenance accounts for fiscal year 2001 in amounts as follows:

      (1) For the Army, $50,000,000.

      (2) For the Navy, $50,000,000.

      (3) For the Air Force, $50,000,000.

    (b) TREATMENT OF TRANSFERS- Amounts transferred under this section--

      (1) shall be merged with, and be available for the same purposes and the same period as, the amounts in the accounts to which transferred; and

      (2) may not be expended for an item that has been denied authorization of appropriations by Congress.

    (c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY- The transfer authority provided in this section is in addition to the transfer authority provided in section 1001.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 311. IMPACT AID FOR CHILDREN WITH DISABILITIES.

    Of the total amount authorized to be appropriated under section 301(5) for payments under section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703), $20,000,000 is available only for payments for children with disabilities under subsection (d) of such section.

SEC. 312. JOINT WARFIGHTING CAPABILITIES ASSESSMENT TEAMS.

    Of the total amount authorized to be appropriated under section 301(5) for the Joint Staff, $4,000,000 is available only for the improvement of the performance of analyses by the joint warfighting capabilities assessment teams of the Joint Requirements Oversight Council.

Subtitle C--Humanitarian and Civic Assistance

SEC. 321. INCREASED AUTHORITY TO PROVIDE HEALTH CARE SERVICES AS HUMANITARIAN AND CIVIC ASSISTANCE.

    Section 401(e)(1) of title 10, United States Code, is amended by striking `rural areas of a country' and inserting `areas of a country that are rural or are underserved by medical, dental, and veterinary professionals, respectively'.

SEC. 322. USE OF HUMANITARIAN AND CIVIC ASSISTANCE FUNDING FOR PAY AND ALLOWANCES OF SPECIAL OPERATIONS COMMAND RESERVES FURNISHING DEMINING TRAINING AND RELATED ASSISTANCE AS HUMANITARIAN ASSISTANCE.

    Section 401(c) of title 10, United States Code, is amended by adding at the end the following:

    `(5) Up to 10 percent of the funds available in any fiscal year for humanitarian and civic assistance described in subsection (e)(5) may be expended for the pay and allowances of reserve component personnel of the Special Operations Command for periods of duty for which the personnel, for a humanitarian purpose, furnish education and training on the detection and clearance of landmines or furnish related technical assistance.'.

Subtitle D--Department of Defense Industrial Facilities

SEC. 331. CODIFICATION AND IMPROVEMENT OF ARMAMENT RETOOLING AND MANUFACTURING SUPPORT PROGRAMS.

    (a) IN GENERAL- (1) Part IV of subtitle B of title 10, United States Code, is amended by inserting after chapter 433 the following:

`CHAPTER 434--ARMAMENTS INDUSTRIAL BASE

`Sec.

      `4551. Policy.

      `4552. Armament Retooling and Manufacturing Support Initiative.

      `4553. Property management contracts and leases.

      `4554. ARMS Initiative loan guarantee program.

      `4555. Definitions.

`Sec. 4551. Policy

    `It is the policy of the United States--

      `(1) to encourage, to the maximum extent practicable, commercial firms to use Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army;

      `(2) to use such facilities for supporting programs, projects, policies, and initiatives that promote competition in the private sector of the United States economy and that advance United States interests in the global marketplace;

      `(3) to increase the manufacture of products inside the United States;

      `(4) to support policies and programs that provide manufacturers with incentives to assist the United States in making more efficient and economical use of Government-owned industrial plants and equipment for commercial purposes;

      `(5) to provide, as appropriate, small businesses (including socially and economically disadvantaged small business concerns and new small businesses) with incentives that encourage those businesses to undertake manufacturing and other industrial processing activities that contribute to the prosperity of the United States;

      `(6) to encourage the creation of jobs through increased investment in the private sector of the United States economy;

      `(7) to foster a more efficient, cost-effective, and adaptable armaments industry in the United States;

      `(8) to achieve, with respect to armaments manufacturing capacity, an optimum level of readiness of the national technology and industrial base within the United States that is consistent with the projected threats to the national security of the United States and the projected emergency requirements of the Armed Forces of the United States; and

      `(9) to encourage facility use contracting where feasible.

`Sec. 4552. Armament Retooling and Manufacturing Support Initiative

    `(a) AUTHORITY FOR INITIATIVE- The Secretary of the Army may carry out a program to be known as the `Armament Retooling and Manufacturing Support Initiative' (hereafter in this chapter referred to as the `ARMS Initiative').

    `(b) PURPOSES- The purposes of the ARMS Initiative are as follows:

      `(1) To encourage commercial firms, to the maximum extent practicable, to use Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army for commercial purposes.

      `(2) To increase the opportunities for small businesses (including socially and economically disadvantaged small business concerns and new small businesses) to use such facilities for those purposes.

      `(3) To maintain in the United States a work force having the skills in manufacturing processes that are necessary to meet industrial emergency planned requirements for national security purposes.

      `(4) To demonstrate innovative business practices, to support Department of Defense acquisition reform, and to serve as both a model and a laboratory for future defense conversion initiatives of the Department of Defense.

      `(5) To the maximum extent practicable, to allow the operation of Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army to be rapidly responsive to the forces of free market competition.

      `(6) To reduce or eliminate the cost of ownership of ammunition manufacturing facilities by the Department of the Army, including the costs of operations and maintenance, the costs of environmental remediation, and other costs.

      `(7) To reduce the cost of products of the Department of Defense produced at ammunition manufacturing facilities of the Department of the Army.

      `(8) To leverage private investment at Government-owned, contractor-operated ammunition manufacturing facilities through long-term facility use contracts, property management contracts, leases, or other agreements that support and advance the policies and purposes of this chapter, for the following activities:

        `(A) Recapitalization of plant and equipment.

        `(B) Environmental remediation.

        `(C) Promotion of commercial business ventures.

        `(D) Other activities.

      `(9) To foster cooperation between the Department of the Army, property managers, commercial interests, and State and local agencies in the implementation of sustainable development strategies and investment in facilities made available for purposes of the ARMS Initiative.

      `(10) To reduce or eliminate the cost of asset disposal prior to a declaration by the Secretary of the Army that property is excess to the needs of the Department of the Army.

    `(c) AVAILABILITY OF FACILITIES- (1) The Secretary of the Army may make any Government-owned, contractor-operated ammunition manufacturing facility of the Department of the Army available for the purposes of the ARMS Initiative.

    `(2) The authority under paragraph (1) applies to a facility described in that paragraph without regard to whether the facility is active, inactive, in layaway or caretaker status, or is designated (in whole or in part) as excess property under property classification procedures applicable under title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.).

    `(d) PRECEDENCE OF PROVISION OVER CERTAIN PROPERTY MANAGEMENT LAWS- The following provisions of law shall not apply to uses of property or facilities in accordance with this section to the extent that such provisions of law are inconsistent with the exercise of the authority of this section:

      `(1) Section 2667(a)(3) of this title.

      `(2) The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).

      `(3) Section 321 of the Act of June 30, 1932 (commonly known as the `Economy Act') (40 U.S.C. 303b).

    `(e) PROGRAM SUPPORT- (1) Funds appropriated for purposes of the ARMS Initiative may be used for administrative support and management.

    `(2) A full annual accounting of such expenses for each fiscal year shall be provided to the Committees on Armed Services and on Appropriations of the Senate and the House of Representatives not later than March 30 of the following fiscal year.

`Sec. 4553. Property management contracts and leases

    `(a) IN GENERAL- In the case of each Government-owned, contractor-operated ammunition manufacturing facility of the Department of the Army that is made available for the ARMS Initiative, the Secretary of the Army--

      `(1) shall make full use of facility use contracts, leases, and other such commercial contractual instruments as may be appropriate;

      `(2) shall evaluate, on the basis of efficiency, cost, emergency mobilization requirements, and the goals and purposes of the ARMS Initiative, the procurement of services from the property manager, including maintenance, operation, modification, infrastructure, environmental restoration and remediation, and disposal of ammunition manufacturing assets, and other services; and

      `(3) may, in carrying out paragraphs (1) and (2)--

        `(A) enter into contracts, and provide for subcontracts, for terms up to 25 years, as the Secretary considers appropriate and consistent with the needs of the Department of the Army and the goals and purposes of the ARMS Initiative; and

        `(B) use procedures that are authorized to be used under section 2304(c)(5) of this title when the contractor or subcontractor is a source specified in law.

    `(b) CONSIDERATION FOR USE- (1) To the extent provided in a contract entered into under this section for the use of property at a Government-owned, contractor-operated ammunition manufacturing facility that is accountable under the contract, the Secretary of the Army may accept consideration for such use that is, in whole or in part, in a form other than--

      `(A) rental payments; or

      `(B) revenue generated at the facility.

    `(2) Forms of consideration acceptable under paragraph (1) for a use of a facility or any property at a facility include the following:

      `(A) The improvement, maintenance, protection, repair, and restoration of the facility, the property, or any property within the boundaries of the installation where the facility is located.

      `(B) Reductions in overhead costs.

      `(C) Reductions in product cost.

    `(3) The authority under paragraph (1) may be exercised without regard to section 3302(b) of title 31 and any other provision of law.

    `(c) REPORTING REQUIREMENT- Not later than July 1 each year, the Secretary of the Army shall submit to the Committees on Armed Services and on Appropriations of the Senate and the House of Representatives a report on the procedures and controls implemented to carry out this section.

`Sec. 4554. ARMS Initiative loan guarantee program

    `(a) PROGRAM AUTHORIZED- Subject to subsection (b), the Secretary of the Army may carry out a loan guarantee program to encourage commercial firms to use ammunition manufacturing facilities under this chapter. Under any such program, the Secretary may guarantee the repayment of any loan made to a commercial firm to fund, in whole or in part, the establishment of a commercial activity to use any such facility under this chapter.

    `(b) ADVANCED BUDGET AUTHORITY- Loan guarantees under this section may not be committed except to the extent that appropriations of budget authority to cover their costs are made in advance, as required by section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).

    `(c) PROGRAM ADMINISTRATION- (1) The Secretary may enter into an agreement with any of the officials named in paragraph (2) under which that official may, for the purposes of this section--

      `(A) process applications for loan guarantees;

      `(B) guarantee repayment of loans; and

      `(C) provide any other services to the Secretary to administer the loan guarantee program.

    `(2) The officials referred to in paragraph (1) are as follows:

      `(A) The Administrator of the Small Business Administration.

      `(B) The head of any appropriate agency in the Department of Agriculture, including--

        `(i) the Administrator of the Farmers Home Administration; and

        `(ii) the Administrator of the Rural Development Administration.

    `(3) Each official authorized to do so under an agreement entered into under paragraph (1) may guarantee loans under this section to commercial firms of any size, notwithstanding any limitations on the size of applicants imposed on other loan guarantee programs that the official administers.

    `(4) To the extent practicable, each official processing loan guarantee applications under this section pursuant to an agreement entered into under paragraph (1) shall use the same processing procedures as the official uses for processing loan guarantee applications under other loan guarantee programs that the official administers.

    `(d) LOAN LIMITS- The maximum amount of loan principal guaranteed during a fiscal year under this section may not exceed--

      `(1) $20,000,000, with respect to any single borrower; and

      `(2) $320,000,000 with respect to all borrowers.

    `(e) TRANSFER OF FUNDS- The Secretary of the Army may transfer to an official providing services under subsection (c), and that official may accept, such funds as may be necessary to administer the loan guarantee program under this section.

`Sec. 4555. Definitions

    `In this chapter:

      `(1) The term `property manager' includes any person or entity managing a facility made available under the ARMS Initiative through a property management contract.

      `(2) The term `property management contract' includes facility use contracts, site management contracts, leases, and other agreements entered into under the authority of this chapter.'.

    (2) The tables of chapters at the beginning of subtitle B of such title and at the beginning of part IV of such subtitle are amended by inserting after the item relating to chapter 433 the following:

4551'.

    (b) RELATIONSHIP TO NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE- (1) Subchapter IV of chapter 148 of title 10, United States Code, is amended--

      (A) by redesignating section 2525 as section 2521; and

      (B) by adding at the end the following:

`Sec. 2522. Armament retooling and manufacturing

    `The Secretary of the Army is authorized by chapter 434 of this title to carry out programs for the support of armaments retooling and manufacturing in the national defense industrial and technology base.'.

    (2) The table of sections at the beginning of such subchapter is amended by striking the item relating to section 2525 and inserting the following:

      `2521. Manufacturing Technology Program.

      `2522. Armament retooling and manufacturing.'.

    (c) REPEAL OF SUPERSEDED LAW- The Armament Retooling and Manufacturing Support Act of 1992 (subtitle H of title I of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2501 note)) is repealed.

SEC. 332. CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE.

    (a) DESIGNATION OF ARMY ARSENALS- (1) Subsection (a) of section 2474 of title 10, United States Code, is amended by striking paragraph (1) and inserting the following:

    `(1) The Secretary concerned, or the Secretary of Defense in the case of a Defense Agency, shall designate as a Center of Industrial and Technical Excellence in the recognized core competencies of the designee the following:

      `(A) Each depot-level activity of the military departments and the Defense Agencies (other than facilities approved for closure or major realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)).

      `(B) Each arsenal of the Army.'.

    (2) Paragraph (2) of such subsection is amended--

      (A) by inserting `of Defense' after `The Secretary'; and

      (B) by striking `depot-level activities' and inserting `Centers of Industrial and Technical Excellence'.

    (3) Paragraph (3) of such subsection is amended by striking `the efficiency and effectiveness of depot-level operations, improve the support provided by depot-level activities' and inserting `the efficiency and effectiveness of operations at Centers of Industrial and Technical Excellence, improve the support provided by the Centers'.

    (b) PUBLIC-PRIVATE PARTNERSHIPS- Subsection (b) of such section is amended to read as follows:

    `(b) PUBLIC-PRIVATE PARTNERSHIPS- (1) To achieve one or more objectives set forth in paragraph (2), the Secretary designating a Center of Industrial and Technical Excellence under subsection (a) shall authorize and encourage the head of the Center to enter into public-private cooperative arrangements that provide any of the following:

      `(A) For employees of the Center, private industry, or other entities outside the Department of Defense--

        `(i) to perform (under contract, subcontract, or otherwise) work in any of the core competencies of the Center, including any depot-level maintenance and repair work that involves one or more core competencies of the Center; or

        `(ii) to perform at the Center depot-level maintenance and repair work that does not involve a core competency of the Center.

      `(B) For private industry or other entities outside the Department of Defense to use, for any period of time determined to be consistent with the needs of the Department of Defense, any facilities or equipment of the Center that are not fully utilized by a military department for its own production or maintenance requirements.

    `(2) The objectives for exercising the authority provided in paragraph (1) are as follows:

      `(A) To maximize the utilization of the capacity of a Center of Industrial and Technical Excellence.

      `(B) To reduce or eliminate the cost of ownership of a Center by the Department of Defense in such areas of responsibility as operations and maintenance and environmental remediation.

      `(C) To reduce the cost of products of the Department of Defense produced or maintained at a Center.

      `(D) To leverage private sector investment in--

        `(i) such efforts as plant and equipment recapitalization for a Center; and

        `(ii) the promotion of the undertaking of commercial business ventures at a Center.

      `(E) To foster cooperation between the armed forces and private industry.

    `(3) A public-private cooperative arrangement entered into under this subsection shall be known as a `public-private partnership'.

    `(4) The Secretary designating a Center of Industrial and Technical Excellence under subsection (a) may waive the condition in paragraph (1)(A) and subsection (a)(1) of section 2553 of this title that an article or service must be not available (as defined in subsection (g)(2) of such section) from a United States commercial source in the case of a particular article or service of a public-private partnership if the Secretary determines that the waiver is necessary to achieve one or more objectives set forth in paragraph (2).

    `(5) In any sale of articles manufactured or services performed by employees of a Center pursuant to a waiver under paragraph (4), the Secretary shall charge the full cost of manufacturing the articles or performing the services, as the case may be. The full cost charged shall include both direct costs and indirect costs.'.

    (c) PRIVATE SECTOR USE OF EXCESS CAPACITY- Such section is further amended--

      (1) striking subsection (d);

      (2) by redesignating subsection (c) as subsection (d); and

      (3) by inserting after subsection (b) the following new subsection (c):

    `(c) PRIVATE SECTOR USE OF EXCESS CAPACITY- Any facilities or equipment of a Center of Industrial and Technical Excellence made available to private industry may be used to perform maintenance or to produce goods in order to make more efficient and economical use of Government-owned industrial plants and encourage the creation and preservation of jobs to ensure the availability of a workforce with the necessary manufacturing and maintenance skills to meet the needs of the armed forces.'.

    (d) CREDITING OF AMOUNTS FOR PERFORMANCE- Subsection (d) of such section, as redesignated by subsection (c)(2), is amended by adding at the end the following: `Consideration in the form of rental payments or (notwithstanding section 3302(b) of title 31) in other forms may be accepted for a use of property accountable under a contract performed pursuant to this section. Notwithstanding section 2667(d) of this title, revenues generated pursuant to this section shall be available for facility operations, maintenance, and environmental restoration at the Center where the leased property is located.'.

    (e) AVAILABILITY OF EXCESS EQUIPMENT TO PRIVATE-SECTOR PARTNERS- Such section is further amended by adding at the end the following:

    `(e) AVAILABILITY OF EXCESS EQUIPMENT TO PRIVATE-SECTOR PARTNERS- Equipment or facilities of a Center of Industrial and Technical Excellence may be made available for use by a private-sector entity under this section only if--

      `(1) the use of the equipment or facilities will not have a significant adverse effect on the readiness of the armed forces, as determined by the Secretary concerned or, in the case of a Center in a Defense Agency, by the Secretary of Defense; and

      `(2) the private-sector entity agrees--

        `(A) to reimburse the Department of Defense for the direct and indirect costs (including any rental costs) that are attributable to the entity's use of the equipment or facilities, as determined by that Secretary; and

        `(B) to hold harmless and indemnify the United States from--

          `(i) any claim for damages or injury to any person or property arising out of the use of the equipment or facilities, except in a case of willful conduct or gross negligence; and

          `(ii) any liability or claim for damages or injury to any person or property arising out of a decision by the Secretary concerned or the Secretary of Defense to suspend or terminate that use of equipment or facilities during a war or national emergency.'.

    (f) LOAN GUARANTEE PROGRAM FOR SUPPORT OF PUBLIC-PRIVATE PARTNERSHIPS- Chapter 146 of title 10, United States Code, is amended by adding at the end the following:

`Sec. 2475. Centers of Industrial and Technical Excellence: loan guarantee program for support of public-private partnerships

    `(a) PROGRAM AUTHORIZED- Subject to subsection (b), the Secretary of Defense may carry out a loan guarantee program to encourage commercial firms to use Centers of Industrial and Technical Excellence pursuant to section 2474 of this title. Under any such program, the Secretary may guarantee the repayment of any loan made to a commercial firm to fund, in whole or in part, the establishment of public-private partnerships authorized under subsection (b) of such section.

    `(b) ADVANCED BUDGET AUTHORITY- Loan guarantees under this section may not be committed except to the extent that appropriations of budget authority to cover their costs are made in advance, as required by section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).

    `(c) PROGRAM ADMINISTRATION- (1) The Secretary may enter into an agreement with any of the officials named in paragraph (2) under which that official may, for the purposes of this section--

      `(A) process applications for loan guarantees;

      `(B) guarantee repayment of loans; and

      `(C) provide any other services to the Secretary to administer the loan guarantee program.

    `(2) The officials referred to in paragraph (1) are as follows:

      `(A) The Administrator of the Small Business Administration.

      `(B) The head of any appropriate agency in the Department of Agriculture, including--

        `(i) the Administrator of the Farmers Home Administration; and

        `(ii) the Administrator of the Rural Development Administration.

    `(3) Each official authorized to do so under an agreement entered into under paragraph (1) may guarantee loans under this section to commercial firms of any size, notwithstanding any limitations on the size of applicants imposed on other loan guarantee programs that the official administers.

    `(4) To the extent practicable, each official processing loan guarantee applications under this section pursuant to an agreement entered into under paragraph (1) shall use the same processing procedures as the official uses for processing loan guarantee applications under other loan guarantee programs that the official administers.

    `(d) LOAN LIMITS- The maximum amount of loan principal guaranteed during a fiscal year under this section may not exceed--

      `(1) $20,000,000, with respect to any single borrower; and

      `(2) $320,000,000 with respect to all borrowers.

    `(e) TRANSFER OF FUNDS- The Secretary of Defense may transfer to an official providing services under subsection (c), and that official may accept, such funds as may be necessary to administer the loan guarantee program under this section.'.

    (g) USE OF WORKING CAPITAL-FUNDED FACILITIES- Section 2208(j) of title 10, United States Code, is amended--

      (1) by striking `contract; and' in paragraph (1) and all that follows through `(2) the Department of Defense' in paragraph (2) and inserting the following: `contract, and the Department of Defense';

      (2) by striking the period at the end and inserting `; or'; and

      (3) by adding at the end the following:

      `(2) the Secretary would advance the objectives set forth in section 2474(b)(2) of this title by authorizing the facility to do so.'.

    (h) REPEAL OF GENERAL AUTHORITY TO LEASE EXCESS DEPOT-LEVEL EQUIPMENT AND FACILITIES TO OUTSIDE TENANTS- Section 2471 of title 10, United States Code, is repealed.

    (i) CLERICAL AMENDMENTS- The table of sections at the beginning of chapter 146 of such title is amended--

      (1) by striking the item relating to section 2471; and

      (2) by adding at the end the following:

      `2475. Centers of Industrial and Technical Excellence: loan guarantee program for support of public-private partnerships.'.

SEC. 333. EFFECTS OF OUTSOURCING ON OVERHEAD COSTS OF CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE AND AMMUNITION PLANTS.

    (a) FINDINGS- Congress makes the following findings:

      (1) Centers of Industrial and Technical Excellence and ammunition plants of the United States comprise a vital component of the national technology and industrial base that ensures that there is sufficient domestic industrial capacity to meet the needs of the Armed Forces for certain critical defense equipment and supplies in time of war or national emergency.

      (2) Underutilization of the Centers of Industrial and Technical Excellence and ammunition plants in peacetime does not diminish the critical importance of those centers and ammunition plants to the national defense.

    (b) REQUIREMENT FOR REPORTS- (1) Subchapter V of chapter 148 of title 10, United States Code, is amended by adding at the end the following:

`Sec. 2539c. Centers of Industrial and Technical Excellence and ammunition plants of the United States: effects of outsourcing on overhead costs

    `Not later than 30 days before any official of the Department of Defense enters into a contract with a private sector source for the performance of a workload already being performed by more than 50 employees at a Center of Industrial and Technical Excellence designated under section 2474(a) of this title or an ammunition plant of the United States, the Secretary of Defense shall submit to Congress a report describing the effect that the performance and administration of the contract will have on the overhead costs of the center or ammunition plant, as the case may be.'.

    (2) The table of sections at the beginning of subchapter V of such chapter is amended by adding at the end the following:

      `2539c. Centers of Industrial and Technical Excellence and ammunition plants of the United States: effects of outsourcing on overhead costs.'.

SEC. 334. REVISION OF AUTHORITY TO WAIVE LIMITATION ON PERFORMANCE OF DEPOT-LEVEL MAINTENANCE.

    Section 2466(c) of title 10, United States Code, is amended to read as follows:

    `(c) WAIVER OF LIMITATION- The President may waive the limitation in subsection (a) for a fiscal year if--

      `(1) the President determines that--

        `(A) the waiver is necessary for reasons of national security; and

        `(B) compliance with the limitation cannot be achieved through effective management of depot operations consistent with those reasons; and

      `(2) the President submits to Congress a notification of the waiver together with a discussion of the reasons for the waiver.'.

Subtitle E--Environmental Provisions

SEC. 341. ENVIRONMENTAL RESTORATION ACCOUNTS.

    (a) ADDITIONAL ACCOUNT FOR FORMERLY USED DEFENSE SITES- Subsection (a) of section 2703 of title 10, United States Code, is amended by adding at the end the following new paragraph:

      `(5) An account to be known as the `Environmental Restoration Account, Formerly Used Defense Sites'.'.

    (b) ACCOUNTS AS SOLE SOURCE OF FUNDS FOR OPERATION AND MONITORING OF ENVIRONMENTAL REMEDIES- That section is further amended by adding at the end the following:

    `(f) ACCOUNTS AS SOLE SOURCE OF FUNDS FOR ENVIRONMENTAL REMEDIES- (1) The sole source of funds for the long-term operation and monitoring of an environmental remedy at a facility under the jurisdiction of the Department of Defense shall be the applicable environmental restoration account under subsection (a).

    `(2) In this subsection, the term `environmental remedy' shall have the meaning given the term `remedy' under section 101(24) of CERCLA (42 U.S.C. 9601(24)).'.

SEC. 342. PAYMENT OF FINES AND PENALTIES FOR ENVIRONMENTAL COMPLIANCE VIOLATIONS.

    (a) PAYMENT OF FINES AND PENALTIES- (1) Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 2710. Environmental compliance: payment of fines and penalties for violations

    `(a) IN GENERAL- The Secretary of Defense or the Secretary of a military department may not pay a fine or penalty for an environmental compliance violation that is imposed against the Department of Defense or such military department, as the case may be, unless the payment of the fine or penalty is specifically authorized by law, if--

      `(1) the amount of the fine or penalty (including any supplemental environmental projects carried out as part of such penalty) is $1,500,000 or more; or

      `(2) the fine or penalty is based on the application of economic benefit criteria or size-of-business criteria.

    `(b) DEFINITIONS- In this section:

      `(1)(A) Except as provided in subparagraph (B), the term `environmental compliance', in the case of on-going operations, functions, or activities at a Department of Defense facility, means the activities necessary to ensure that such operations, functions, or activities meet requirements under applicable environmental law.

      `(B) The term does not include operations, functions, or activities relating to environmental restoration under this chapter that are conducted using funds in an environmental restoration account under section 2703(a) of this title.

      `(2) The term `economic benefit criteria', in the case of the imposition of a fine or penalty for an environmental compliance violation, means criteria which determine the existence of the violation, or the amount of the fine or penalty, based on the assumption that a competitive advantage was gained by a failure to invest money necessary to achieve the environmental compliance concerned.

      `(3) The term `size-of-business criteria', in the case of the imposition of a fine or penalty for an environmental compliance violation, means criteria which determine the existence of the violation, or the amount of the fine or penalty, based on an assessment of an entity's net worth and on assumptions regarding the entity's ability to pay the fine or penalty.

      `(4) The term `violation', in the case of environmental compliance, means an act or omission resulting in the failure to ensure the compliance.'.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      `2710. Environmental compliance: payment of fines and penalties for violations.'.

    (b) APPLICABILITY- (1) Section 2710 of title 10, United States Code (as added by subsection (a)), shall take effect on the date of the enactment of this Act.

    (2) Subsection (a)(1) of that section, as so added, shall not apply with respect to any supplemental environmental projects referred to in that subsection that were agreed to before the date of the enactment of this Act.

SEC. 343. ANNUAL REPORTS UNDER STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM.

    (a) REPEAL OF REQUIREMENT FOR ANNUAL REPORT FROM SCIENTIFIC ADVISORY BOARD- Section 2904 of title 10, United States Code, is amended--

      (1) by striking subsection (h); and

      (2) by redesignating subsection (i) as subsection (h).

    (b) INCLUSION OF ACTIONS OF BOARD IN ANNUAL REPORTS OF COUNCIL- Section 2902(d)(3) of such title is amended by adding at the end the following subparagraph:

        `(D) A summary of the actions of the Strategic Environmental Research and Development Program Scientific Advisory Board during the year preceding the year in which the report is submitted and any recommendations, including recommendations on program direction and legislation, that the Advisory Board considers appropriate regarding the program.'.

SEC. 344. MODIFICATION OF AUTHORITY FOR INDEMNIFICATION OF TRANSFEREES OF CLOSING DEFENSE PROPERTY.

    (a) INDEMNIFICATION- Subsection (a) of section 330 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 104-484; 10 U.S.C. 2687 note) is amended--

      (1) in paragraph (1), by striking `and suit' and all that follows through the end and inserting the following: `any suit, claim, demand or action, administrative order or demand, liability, judgment, cost, or other fee arising out of--

      `(A) any claim for personal injury or property damage (including death, illness, or loss or damage to property) that results from, or is in any manner predicated upon, the release or threatened release of any hazardous substance, pollutant or contaminant, petroleum or petroleum derivative, or unexploded ordnance as a result of Department of Defense activities at a military installation (or any portion thereof) that is closed or realigned pursuant to a base closure law; or

      `(B) subject to paragraph (4), any legally binding obligation to respond or pay response costs pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), any other Federal law, or any State law, that results from, or is in any manner predicated upon, a release or threatened release described in subparagraph (A).';

      (2) in paragraph (3)--

        (A) by striking `To the extent' and inserting `(A) Except as provided in subparagraph (B), to the extent'; and

        (B) by adding at the end the following:

    `(B) The Secretary of the military department concerned may enter into an agreement in connection with any transfer of property covered by paragraph (2) which agreement shall specify the contribution of any person or entity described in that paragraph to a release or threatened release covered by this subsection. The specification of a contribution to a release or threatened release under this subparagraph shall govern indemnification for the release or threatened release under this subsection, except to the extent later evidence disproves the specification.'; and

      (3) by adding at the end the following:

    `(4) Indemnification under paragraph (1)(B) with respect to a military installation (or portion thereof) shall cease five years after the date on which the Secretary of the military department concerned provides the covenant referred to in section 120(h)(3)(A)(ii)(I) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)(A)(ii)(I)) with respect to the military installation (or portion thereof).'.

    (b) CONDITIONS OF INDEMNIFICATION- Subsection (b) of that section is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

      `(1) notifies the Secretary of the military department concerned and the Attorney General in writing--

        `(A) within two months after the filing of any suit, claim, or demand or action, or the issuance of any administrative order or demand, that reasonably could be expected to give rise to a liability, judgment, cost, or other fee to which subsection (a)(1) could apply; and

        `(B) before the settlement or other resolution of such suit, claim, demand or action, or order or demand;

      `(2) furnishes to the Secretary of the military department concerned and the Attorney General copies of any pertinent papers the person or entity receives;

      `(3) furnishes to the Secretary of the military department and the Attorney General evidence or proof of any suit, claim, demand or action, administrative order or demand, liability, judgment, cost, or other fee; and

      `(4) provides, upon request of the Secretary of the military department concerned or the Attorney General, access to records and personnel of the person or entity for purposes of defending or settling the suit, claim, demand or action, or order or demand.'.

    (c) SETTLEMENT AUTHORITY OF SECRETARY OF DEFENSE- Subsection (c)(1) of that section is amended--

      (1) by inserting `administrative order or demand,' after `demand or action,'; and

      (2) by striking `or property damage' both places it appears and inserting `, property damage, or environmental response or response cost'.

    (d) CONFORMING REPEAL- That section is further amended--

      (1) by striking subsection (d); and

      (2) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

    (e) DEFINITIONS- Subsection (e) of that section, as redesignated by subsection (d)(2) of this section, is further amended by striking paragraph (1) and inserting the following new paragraph (1):

      `(1) The terms `facility', `hazardous substance', `release', `response', and `pollutant or contaminant' have the meanings given such terms in paragraphs (9), (14), (22), (25), and (33) of section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, respectively (42 U.S.C. 9601(9), (14), (22), (25), and (33)).'.

SEC. 345. PAYMENT OF FINES OR PENALTIES IMPOSED FOR ENVIRONMENTAL COMPLIANCE VIOLATIONS AT CERTAIN DEPARTMENT OF DEFENSE FACILITIES.

    (a) ARMY- The Secretary of the Army may, from amounts authorized to be appropriated for the Army by this title and available for such purpose, utilize amounts for the purposes and at the locations, as follows:

      (1) $993,000 for a Supplemental Environmental Project to implement an installation-wide hazardous substance management system at Walter Reed Army Medical Center, Washington, District of Columbia, in satisfaction of a fine imposed by Environmental Protection Agency Region 3 under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

      (2) $377,250 for a Supplemental Environmental Project to install new parts washers at Fort Campbell, Kentucky, in satisfaction of a fine imposed by Environmental Protection Agency Region 4 under the Solid Waste Disposal Act.

      (3) $20,701 for a Supplemental Environmental Project to upgrade the wastewater treatment plant at Fort Gordon, Georgia, in satisfaction of a fine imposed by the State of Georgia under the Solid Waste Disposal Act.

      (4) $78,500 for Supplemental Environmental Projects to reduce the generation of hazardous waste at Pueblo Chemical Depot, Colorado, in satisfaction of a fine imposed by the State of Colorado under the Solid Waste Disposal Act.

      (5) $20,000 for a Supplemental Environmental Project to repair cracks in floors of igloos used to store munitions hazardous waste at Deseret Chemical Depot, Utah, in satisfaction of a fine imposed by the State of Utah under the Solid Waste Disposal Act.

    (b) NAVY- The Secretary of the Navy may, from amounts authorized to be appropriated for the Navy by this title and available for such purpose, utilize amounts for the purposes and at the locations, as follows:

      (1) $108,800 for payment to the West Virginia Division of Environmental Protection of a cash penalty with respect to Allegany Ballistics Laboratory, West Virginia, under the Solid Waste Disposal Act.

      (2) $5,000 for payment to Environmental Protection Agency Region 6 of a cash penalty with respect to Naval Air Station, Corpus Christi, Texas, under the Clean Air Act (42 U.S.C. 7401).

SEC. 346. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH THE FORMER NANSEMOND ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA.

    (a) AUTHORITY- The Secretary of Defense may pay, using funds described in subsection (b), not more than $98,210 to the Former Nansemond Ordnance Depot Site Special Account within the Hazardous Substance Superfund established by section 9507 of the Internal Revenue Code of 1986 (26 U.S.C. 9507) to reimburse the Environmental Protection Agency for costs incurred by the agency in overseeing a time critical removal action under CERCLA being performed by the Department of Defense under the Defense Environmental Restoration Program for ordnance and explosive safety hazards at the Former Nansemond Ordnance Depot Site, Suffolk, Virginia, pursuant to an Interagency Agreement entered into by the Department of the Army and the Environmental Protection Agency on January 3, 2000.

    (b) SOURCE OF FUNDS- Any payment under subsection (a) shall be made using amounts authorized to be appropriated by section 301 to the Environmental Restoration Account, Formerly Used Defense Sites, established by paragraph (5) of section 2703(a) of title 10, United States Code, as added by section 341(a) of this Act.

    (c) DEFINITIONS- In this section:

      (1) The term `CERCLA' means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

      (2) The term `Defense Environmental Restoration Program' means the program of environmental restoration carried out under chapter 160 of title 10, United States Code.

SEC. 347. ENVIRONMENTAL RESTORATION ACTIVITIES.

    (a) AUTHORITY TO USE FUNDS FOR FACILITIES RELOCATION- During the period beginning on October 1, 2000, and ending on September 30, 2003, the Secretary concerned may use funds available under section 2703 of title 10, United States Code, to pay for the costs of permanently relocating facilities because of a release or threatened release of hazardous substances, pollutants, or contaminants from--

      (1) real property or facilities currently under the jurisdiction of the Secretary of Defense; or

      (2) real property or facilities that were under the jurisdiction of the Secretary of Defense at the time of the actions leading to such release or threatened release.

    (b) LIMITATIONS- (1) The Secretary concerned may not pay the costs of permanently relocating facilities under subsection (a) unless the Secretary concerned determines in writing that such permanent relocation of facilities is part of a response action that--

      (A) has the support of the affected community;

      (B) has the approval of relevant regulatory agencies; and

      (C) is the most cost effective response action available.

    (2) Not more than 5 percent of the funds available under section 2703 of title 10, United States Code, in any fiscal year may be used to pay the costs of permanently relocating facilities pursuant to the authority in subsection (a).

    (c) REPORTS- (1) Not later than November 30 of each of 2001, 2002, and 2003, the Secretary of Defense shall submit to Congress a report on each response action for which a written determination has been made under subsection (b)(1) in the fiscal year ending in such year.

    (2) Each report for a fiscal year under paragraph (1) shall contain the following:

      (A) A copy of each written determination under subsection (b)(1) during such fiscal year.

      (B) A description of the response action taken or to be taken in connection with each such written determination.

      (C) A statement of the costs incurred or to be incurred in connection with the permanent relocation of facilities covered by each such written determination.

    (d) SECRETARY CONCERNED DEFINED- In this section, the term `Secretary concerned' means the following:

      (1) The Secretary of a military department, with regard to real property or facilities for which such military department is the lead agency.

      (2) The Secretary of Defense, for any other real property or facilities.

SEC. 348. SHIP DISPOSAL PROJECT.

    (a) CONTINUATION OF PROJECT- (1) Subject to the provisions of this subsection, the Secretary of the Navy shall continue to carry out a ship disposal project within the United States during fiscal year 2001.

    (2) The scope of the ship disposal project shall be sufficient to permit the Secretary to assemble appropriate data on the cost of scrapping ships.

    (3) The Secretary shall use competitive procedures to award all task orders under the primary contracts under the ship disposal project.

    (b) REPORT- Not later than December 31, 2000, the Secretary shall submit to the congressional defense committees a report on the ship disposal project referred to in subsection (a). The report shall contain the following:

      (1) A description of the competitive procedures used for the solicitation and award of all task orders under the project.

      (2) A description of the task orders awarded under the project.

      (3) An assessment of the results of the project as of the date of the report, including the performance of contractors under the project.

      (4) The proposed strategy of the Navy for future procurement of ship scrapping activities.

SEC. 349. REPORT ON DEFENSE ENVIRONMENTAL SECURITY CORPORATE INFORMATION MANAGEMENT PROGRAM.

    (a) REPORT REQUIRED- Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the Defense Environmental Security Corporate Information Management program.

    (b) REPORT ELEMENTS- The report under subsection (a) shall include the following elements:

      (1) The recommendations of the Secretary for the future mission of the Defense Environmental Security Corporate Information Management program.

      (2) A discussion of the means by which the program will address or provide the following:

        (A) Information access procedures which keep pace with current and evolving requirements for information access.

        (B) Data standardization and systems integration.

        (C) Product failures and cost-effective results.

        (D) User confidence and utilization.

        (E) Program continuity.

        (F) Program accountability, including accountability for all past, current, and future activities funded under the program.

        (G) Program management and oversight.

        (H) Program compliance with applicable requirements of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106) and applicable requirements under other provisions of law.

SEC. 350. REPORT ON PLASMA ENERGY PYROLYSIS SYSTEM.

    (a) REPORT REQUIRED- Not later than October 1, 2000, the Secretary of the Army shall submit to the congressional defense committees a report on the Plasma Energy Pyrolysis System (PEPS).

    (b) REPORT ELEMENTS- The report on the Plasma Energy Pyrolysis System under subsection (a) shall include the following:

      (1) An analysis of available information and data on the fixed-transportable unit demonstration phase of the System and on the mobile unit demonstration phase of the System.

      (2) Recommendations regarding future applications for each phase of the System described in paragraph (1).

      (3) A statement of the projected funding for such future applications.

Subtitle F--Other Matters

SEC. 361. EFFECTS OF WORLDWIDE CONTINGENCY OPERATIONS ON READINESS OF CERTAIN MILITARY AIRCRAFT AND EQUIPMENT.

    (a) REQUIREMENT FOR REPORT- The Secretary of Defense shall submit to Congress, not later than 180 days after the date of the enactment of this Act, a report on--

      (1) the effects of worldwide contingency operations of the Navy, Marine Corps, and Air Force on the readiness of aircraft of those Armed Forces; and

      (2) the effects of worldwide contingency operations of the Army and Marine Corps on the readiness of ground equipment of those Armed Forces.

    (b) CONTENT OF REPORT- The report shall contain the Secretary's assessment of the effects of the contingency operations referred to in subsection (a) on the capability of the Department of Defense to maintain a high level of equipment readiness and to manage a high operating tempo for the aircraft and ground equipment.

    (c) EFFECTS ON AIRCRAFT- The assessment contained in the report shall address, with respect to aircraft, the following effects:

      (1) The effects of the contingency operations carried out during fiscal years 1995 through 2000 on the aircraft of each of the Navy, Marine Corps, and Air Force in each category of aircraft, as follows:

        (A) Combat tactical aircraft.

        (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 Navy, Marine Corps, and Air Force in each category of aircraft specified in paragraph (1) resulting from contingency operations, as follows:

        (A) Patrolling in no-fly zones--

          (i) over Iraq in Operation Northern Watch;

          (ii) over Iraq in Operation Southern Watch; and

          (iii) over the Balkans in Operation Allied Force.

        (B) Air operations in the NATO air war against Serbia in Operation Sky Anvil, Operation Noble Anvil, and Operation Allied Force.

        (C) Air operations in Operation Shining Hope in Kosovo.

        (D) All other activities within the general context of worldwide contingency operations.

      (3) Any other effects that the Secretary considers appropriate in carrying out subsection (a).

    (d) EFFECTS ON GROUND EQUIPMENT- The assessment contained in the report shall address, with respect to ground equipment, the following effects:

      (1) The effects of the contingency operations carried out during fiscal years 1995 through 2000 on the ground equipment of each of the Army and Marine Corps.

      (2) Any other effects that the Secretary considers appropriate in carrying out subsection (a).

SEC. 362. REALISTIC BUDGETING FOR READINESS REQUIREMENTS OF THE ARMY.

    (a) REQUIREMENT FOR NEW METHODOLOGY- The Secretary of the Army shall develop a new methodology for preparing budget requests for operation and maintenance that can be used to ensure that the budget requests for operation and maintenance for future fiscal years more accurately reflect the Army's requirements than do the budget requests that have been submitted to Congress for fiscal year 2001 and preceding fiscal years.

    (b) SENSE OF CONGRESS ON THE NEW METHODOLOGY- It is the sense of Congress that--

      (1) the methodology should provide for the determination of the budget levels to request for operation and maintenance to be based on--

        (A) the level of training that must be conducted in order to maintain essential readiness;

        (B) the cost of conducting the training at that level; and

        (C) the costs of all other Army operations, including the cost of meeting infrastructure requirements; and

      (2) the Secretary should use the new methodology in the preparation of the budget requests for operation and maintenance for fiscal years after fiscal year 2001.

SEC. 363. ADDITIONS TO PLAN FOR ENSURING VISIBILITY OVER ALL IN-TRANSIT END ITEMS AND SECONDARY ITEMS.

    (a) REQUIRED ADDITIONS- Subsection (d) of section 349 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1981; 10 U.S.C. 2458 note) is amended--

      (1) by inserting before the period at the end of paragraph (1) `, including specific actions to address underlying weaknesses in the controls over items being shipped'; and

      (2) by adding at the end the following:

      `(5) The key management elements for monitoring, and for measuring the progress achieved in, the implementation of the plan, including--

        `(A) the assignment of oversight responsibility for each action identified pursuant to paragraph (1);

        `(B) a description of the resources required for oversight; and

        `(C) an estimate of the annual cost of oversight.'.

    (b) CONFORMING AMENDMENTS- (1) Subsection (a) of such section is amended by striking `Not later than' and all that follows through `Congress' and inserting `The Secretary of Defense shall prescribe and carry out'.

    (2) Such section is further amended by adding at the end the following:

    `(f) SUBMISSIONS TO CONGRESS- After the Secretary submits the plan to Congress (on a date not later than March 1, 1999), the Secretary shall submit to Congress any revisions to the plan that are required by any law enacted after October 17, 1998. The revisions so made shall be submitted not later than 180 days after the date of the enactment of the law requiring the revisions.'.

    (3) Subsection (e)(1) of such section is amended by striking `submits the plan' and inserting `submits the initial plan'.

SEC. 364. PERFORMANCE OF EMERGENCY RESPONSE FUNCTIONS AT CHEMICAL WEAPONS STORAGE INSTALLATIONS.

    (a) RESTRICTION ON CONVERSION- The Secretary of the Army may not convert to contractor performance the emergency response functions of any chemical weapons storage installation that, as of the date of the enactment of this Act, are performed for that installation by employees of the United States until the certification required by subsection (c) has been submitted in accordance with that subsection.

    (b) COVERED INSTALLATIONS- For the purposes of this section, a chemical weapons storage installation is any installation of the Department of Defense on which lethal chemical agents or munitions are stored.

    (c) CERTIFICATION REQUIREMENT- The Secretary of the Army shall certify in writing to the Committees on Armed Services of the Senate and the House of Representatives that, to ensure that there will be no lapse of capability to perform the chemical weapon emergency response mission at a chemical weapons storage installation during any transition to contractor performance of those functions at that installation, the plan for conversion of the performance of those functions--

      (1) is consistent with the recommendation contained in General Accounting Office Report NSIAD-00-88, entitled `DoD Competitive Sourcing', dated March 2000; and

      (2) provides for a transition to contractor performance of emergency response functions which ensures an adequate transfer of the relevant knowledge and expertise regarding chemical weapon emergency response to the contractor personnel.

SEC. 365. CONGRESSIONAL NOTIFICATION OF USE OF RADIO FREQUENCY SPECTRUM BY A SYSTEM ENTERING ENGINEERING AND MANUFACTURING DEVELOPMENT.

    Before a decision is made to enter into the engineering and manufacturing development phase of a program for the acquisition of a system that is to use the radio frequency spectrum, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the following:

      (1) The frequency or frequencies that the system will use.

      (2) A statement of whether the Department of Defense is, or is to be, designated as the primary user of the particular frequency or frequencies.

      (3) If not, the unique technical characteristics that make it necessary to use the particular frequency or frequencies.

      (4) A description of the protections that the Department of Defense has been given to ensure that it will not incur costs as a result of current or future interference from other users of the particular frequency or frequencies.

SEC. 366. MONITORING OF VALUE OF PERFORMANCE OF DEPARTMENT OF DEFENSE FUNCTIONS BY WORKFORCES SELECTED FROM BETWEEN PUBLIC AND PRIVATE WORKFORCES.

    (a) REQUIREMENT FOR A MONITORING SYSTEM- (1) Chapter 146 of title 10, United States Code, as amended by section 332(f), is further amended by adding at the end the following:

`Sec. 2476. Public-private workforce selections: system for monitoring value

    `(a) SYSTEM FOR MONITORING PERFORMANCE- (1) The Secretary of Defense shall establish a system for monitoring the performance of functions of the Department of Defense that--

      `(A) are performed by 50 or more employees of the department; and

      `(B) have been subjected to a workforce review.

    `(2) In this section, the term `workforce review', with respect to a function, is a review to determine whether the function should be performed by a workforce composed of Federal Government employees or by a private sector workforce, and includes any review for that purpose that is carried out under, or is associated with, the following:

      `(A) Office of Management and Budget Circular A-76.

      `(B) A strategic sourcing.

      `(C) A base closure or realignment.

      `(D) Any other reorganization, privatization, or reengineering of an organization.

    `(b) PERFORMANCE MEASUREMENTS- The system for monitoring the performance of a function shall provide for the measurement of the costs and benefits resulting from the selection of one workforce over the other workforce pursuant to a workforce review, as follows:

      `(1) The costs incurred.

      `(2) The savings derived.

      `(3) The value of the performance by the selected workforce measured against the costs of the performance of that function by the workforce performing the function as of the beginning of the workforce review, as the workforce then performing the function was organized.

    `(c) ANNUAL REPORT- The Secretary shall submit to Congress, not later than February 1 of each fiscal year, a report on the measurable value of the performance during the preceding fiscal year of the functions that have been subjected to a workforce review, as determined under the monitoring system established under subsection (a). The report shall display the findings separately for each of the armed forces and for each Defense Agency.

    `(d) CONSIDERATION IN PREPARATION OF FUTURE-YEARS DEFENSE PROGRAM- In preparing the future-years defense program under section 221 of this title, the Secretary of Defense shall, for the fiscal years covered by the program, estimate and take into account the costs to be incurred and the savings to be derived from the performance of functions by workforces selected in workforce reviews. The Secretary shall consider the results of the monitoring under this section in making the estimates.'.

    (2) The table of sections at the beginning of such chapter, as amended by section 332(i)(2), is further amended by adding at the end the following:

      `2476. Public-private workforce selections: system for monitoring value.'.

    (b) CONTENT OF CONGRESSIONAL NOTIFICATION OF CONVERSIONS- Paragraph (1) of section 2461(c) of title 10, United States Code, is amended--

      (1) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (F) and (G);

      (2) by inserting after subparagraph (B), the following new subparagraph (C):

      `(C) The Secretary's certification that the factors considered in the examinations performed under subsection (b)(3), and in the making of the decision to change performance, did not include any predetermined personnel constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees.'; and

      (3) by inserting after subparagraph (D), as redesignated by paragraph (1), the following new subparagraph (E):

      `(E) A statement of the potential economic effect of the change on each affected local community, as determined in the examination under subsection (b)(3)(B)(ii).'.

SEC. 367. SUSPENSION OF REORGANIZATION OF NAVAL AUDIT SERVICE.

    The Secretary of the Navy shall cease any consolidations, involuntary transfers, buy-outs, or reductions in force of the workforce of auditors and administrative support personnel of the Naval Audit Service that are associated with the reorganization or relocation of the performance of the auditing functions of the Navy until 60 days after the date on which the Secretary submits to the congressional defense committees a report that sets forth in detail the Navy's plans and justification for the reorganization or relocation, as the case may be.

SEC. 368. INVESTMENT OF COMMISSARY TRUST REVOLVING FUND.

    Section 2486 of title 10, United States Code, is amended--

      (1) in subsection (g)(5), by striking `(5) In this subsection' and inserting `(i) COMMISSARY TRUST REVOLVING FUND DEFINED- In this section'; and

      (2) by inserting after subsection (g)(4) the following:

    `(h) INVESTMENT OF COMMISSARY TRUST REVOLVING FUND- The Secretary of Defense shall invest such portion of the commissary trust revolving fund as is not, in the judgment of the Secretary, required to meet current withdrawals. The investments shall be in public debt securities with maturities suitable to the needs of the fund, as determined by the Secretary, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income derived from the investments shall be credited to and form a part of the fund.'.

SEC. 369. ECONOMIC PROCUREMENT OF DISTILLED SPIRITS.

    Subsection 2488(c) of title 10, United States Code, is amended--

      (1) by striking paragraph (2); and

      (2) by redesignating paragraph (3) as paragraph (2).

SEC. 370. RESALE OF ARMOR-PIERCING AMMUNITION DISPOSED OF BY THE ARMY.

    (a) RESTRICTION- (1) Chapter 443 of title 10, United States Code, is amended by adding at the end the following:

`Sec. 4688. Armor-piercing ammunition and components: condition on disposal

    `(a) LIMITATION ON RESALE OR OTHER TRANSFER- Except as provided in subsection (b), whenever the Secretary of the Army carries out a disposal (by sale or otherwise) of armor-piercing ammunition, or a component of armor-piercing ammunition, the Secretary shall require as a condition of the disposal that the recipient agree in writing not to sell or otherwise transfer any of the ammunition (reconditioned or otherwise), or any armor-piercing component of that ammunition, to any purchaser in the United States other than a law enforcement or other governmental agency.

    `(b) EXCEPTION- Subsection (a) does not apply to a transfer of a component of armor-piercing ammunition solely for the purpose of metal reclamation by means of a destructive process such as melting, crushing, or shredding.

    `(c) SPECIAL RULE FOR NON-ARMOR-PIERCING COMPONENTS- A component of the armor-piercing ammunition that is not itself armor-piercing and is not subjected to metal reclamation as described in subsection (b) may not be used as a component in the production of new or remanufactured armor-piercing ammunition other than for sale to a law enforcement or other governmental agency or for a government-to-government sale or commercial export to a foreign government under the Arms Export Control Act.

    `(d) DEFINITION- In this section, the term `armor-piercing ammunition' means a center-fire cartridge the military designation of which includes the term `armor penetrator' or `armor-piercing', including a center-fire cartridge designated as armor-piercing incendiary (API) or armor-piercing incendiary-tracer (API-T).'.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following:

      `4688. Armor-piercing ammunition and components: condition on disposal.'.

    (b) APPLICABILITY- Section 4688 of title 10, United States Code (as added by subsection (a)), shall apply with respect to any disposal of ammunition or components referred to in that section after the date of the enactment of this Act.

SEC. 371. DAMAGE TO AVIATION FACILITIES CAUSED BY ALKALI SILICA REACTIVITY.

    (a) ASSESSMENT REQUIRED- The Secretary of Defense shall assess the damage caused to aviation facilities of the Department of Defense by alkali silica reactivity. In making the assessment, the Secretary shall review the department's aviation facilities throughout the world.

    (b) DAMAGE PREVENTION AND MITIGATION PLAN- (1) Taking into consideration the assessment under subsection (a), the Secretary may develop and, during fiscal years 2001 through 2006, carry out a plan to prevent and mitigate damage to the aviation facilities of the Department of Defense as a result of alkali silica reactivity.

    (2) A plan developed under paragraph shall provide for the following:

      (A) Treatment of alkali silica reactivity in pavement and structures at a selected test site.

      (B) The demonstration and deployment of technologies capable of mitigating alkali silica reactivity in hardened concrete structures and pavements.

      (C) The promulgation of specific guidelines for appropriate testing and use of lithium salts to prevent alkali silica reactivity in new construction.

    (c) DELEGATION OF AUTHORITY- The Secretary shall direct the Chief of Engineers of the Army and the Commander of the Naval Facilities Engineering Command to carry out the assessment required by subsection (a) and to develop and carry out the plan required by subsection (b).

    (d) FUNDING- Of the amounts authorized to be appropriated under section 301, not more than $5,000,000 is available for carrying out this section.

SEC. 372. REAUTHORIZATION OF PILOT PROGRAM FOR ACCEPTANCE AND USE OF LANDING FEES CHARGED FOR USE OF DOMESTIC MILITARY AIRFIELDS BY CIVIL AIRCRAFT.

    (a) REAUTHORIZATION- Subsection (a) of section 377 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1993; 10 U.S.C. 113 note) is amended as follows:

      (1) by striking `1999 and 2000' and inserting `2001 through 2010'; and

      (2) by striking the second sentence and inserting `The pilot program under this section may not be carried out after September 30, 2010.'.

    (b) FEES COLLECTED- Subsection (b) of such section is amended to read as follows:

    `(b) LANDING FEE DEFINED- For the purposes of this section, the term `landing fee' means any fee that is established under or in accordance with regulations of the military department concerned (whether prescribed in a fee schedule or imposed under a joint-use agreement) to recover costs incurred for use by civil aircraft of an airfield of the military department in the United States or in a territory or possession of the United States.'.

    (c) USE OF PROCEEDS- Subsection (c) of such section is amended by striking `Amounts received for a fiscal year in payment of landing fees imposed under the pilot program for use of a military airfield' and inserting `Amounts received in payment of landing fees for use of a military airfield in a fiscal year of the pilot program'.

    (d) REPORT- Subsection (d) of such section is amended--

      (1) by striking `March 31, 2000,' and inserting `March 31, 2003,'; and

      (2) by striking `December 31, 1999' and inserting `December 31, 2002'.

SEC. 373. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR SUPPORT PROVIDED AT JOHNSTON ATOLL.

    (a) IN GENERAL- Chapter 949 of title 10, United States Code, is amended by adding at the end the following:

`Sec. 9783. Johnston Atoll: reimbursement for support provided to civil air carriers

    `(a) AUTHORITY OF THE SECRETARY- The Secretary of the Air Force may, under regulations prescribed by the Secretary, require payment by a civil air carrier for support provided by the United States to the carrier at Johnston Atoll that is either--

      `(1) requested by the civil air carrier; or

      `(2) determined under the regulations as being necessary to accommodate the civil air carrier's use of Johnston Atoll.

    `(b) AMOUNT OF CHARGES- Any amount charged an air carrier under subsection (a) for support shall be equal to the total amount of the actual costs to the United States of providing the support. The amount charged may not include any amount for an item of support that does not satisfy a condition described in paragraph (1) or (2) of subsection (a).

    `(c) RELATIONSHIP TO LANDING FEES- No landing fee shall be charged an air carrier for a landing of an aircraft of the air carrier at Johnston Atoll if the air carrier is charged under subsection (a) for support provided to the air carrier.

    `(d) DISPOSITION OF PAYMENTS- (1) Notwithstanding any other provision of law, amounts collected from an air carrier under this section shall be credited to appropriations available for the fiscal year in which collected, as follows:

      `(A) For support provided by the Air Force, to appropriations available for the Air Force for operation and maintenance.

      `(B) For support provided by the Army, to appropriations available for the Army for chemical demilitarization.

    `(2) Amounts credited to an appropriation under paragraph (1) shall be merged with funds in that appropriation and shall be available, without further appropriation, for the purposes and period for which the appropriation is available.

    `(e) DEFINITIONS- In this section:

      `(1) The term `civil air carrier' means an air carrier (as defined in section 40101(a)(2) of title 49) that is issued a certificate of public convenience and necessity under section 41102 of such title.

      `(2) The term `support' includes fuel, fire rescue, use of facilities, improvements necessary to accommodate use by civil air carriers, police, safety, housing, food, air traffic control, suspension of military operations on the island (including operations at the Johnston Atoll Chemical Agent Demilitarization System), repairs, and any other construction, services, or supplies.'.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      `9783. Johnston Atoll: reimbursement for support provided to civil air carriers.'.

SEC. 374. REVIEW OF COSTS OF MAINTAINING HISTORICAL PROPERTIES.

    (a) REQUIREMENT FOR REVIEW- The Comptroller General of the United States shall conduct a review of the annual costs incurred by the Department of Defense to comply with the requirements of the National Historic Preservation Act (16 U.S.C. 470 et seq.).

    (b) REPORT- Not later than February 28, 2001, the Comptroller General shall submit to the congressional defense committees a report on the results of the review. The report shall contain the following:

      (1) For each military department and Defense Agency and for the Department of Defense in the aggregate, the cost for fiscal year 2000 and the projected costs for the ensuing 10 fiscal years.

      (2) An analysis of the cost to maintain only those properties that qualified as historic properties under the National Historic Preservation Act when such Act was originally enacted.

      (3) The accounts used for paying the costs of complying with the requirements of the National Historic Preservation Act.

      (4) For each military department and Defense Agency, the identity of all properties that must be maintained in order to comply with the requirements of the National Historic Preservation Act.

SEC. 375. EXTENSION OF AUTHORITY TO SELL CERTAIN AIRCRAFT FOR USE IN WILDFIRE SUPPRESSION.

    Section 2 of the Wildfire Suppression Aircraft Transfer Act of 1996 (Public Law 104-307) is amended--

      (1) in subsection (a)(1) by striking `September 30, 2000' and inserting `September 30, 2005';

      (2) by adding at the end of subsection (d)(1) the following: `After taking effect, the regulations shall be effective until the end of the period specified in subsection (a)(1).';

      (3) in subsection (f), by striking `March 31, 2000' and inserting `March 31, 2005'.

SEC. 376. OVERSEAS AIRLIFT SERVICE ON CIVIL RESERVE AIR FLEET AIRCRAFT.

    (a) IN GENERAL- Section 41106(a) of title 49, United States Code, is amended--

      (1) by striking `GENERAL- (1) Except as provided in subsection (b),' and inserting `INTERSTATE TRANSPORTATION- (1) Except as provided in subsection (d),';

      (2) in paragraph (1), by striking `of at least 31 days';

      (3) by redesignating subsection (b) as subsection (d); and

      (4) by inserting after subsection (a) the following:

    `(b) TRANSPORTATION BETWEEN THE UNITED STATES AND FOREIGN LOCATIONS- Except as provided in subsection (d), the transportation of passengers or property by transport category aircraft between a place in the United States and a place outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service may be provided by an air carrier referred to in subsection (a).

    `(c) TRANSPORTATION BETWEEN FOREIGN LOCATIONS- The transportation of passengers or property by transport category aircraft between two places outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier that has aircraft in the civil reserve air fleet whenever transportation by such an air carrier is reasonably available.'.

    (b) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 2000.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel as of September 30, 2001, as follows:

      (1) The Army, 480,000.

      (2) The Navy, 372,000.

      (3) The Marine Corps, 172,600.

      (4) The Air Force, 357,000.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) IN GENERAL- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2001, as follows:

      (1) The Army National Guard of the United States, 350,088.

      (2) The Army Reserve, 205,000.

      (3) The Naval Reserve, 88,900.

      (4) The Marine Corps Reserve, 39,558.

      (5) The Air National Guard of the United States, 108,022.

      (6) The Air Force Reserve, 74,300.

      (7) The Coast Guard Reserve, 8,500.

    (b) ADJUSTMENTS- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--

      (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

      (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

    Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized strengths of such units and by the total number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

    Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2001, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

      (1) The Army National Guard of the United States, 22,536.

      (2) The Army Reserve, 12,806.

      (3) The Naval Reserve, 14,649.

      (4) The Marine Corps Reserve, 2,261.

      (5) The Air National Guard of the United States, 11,170.

      (6) The Air Force Reserve, 1,278.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

    The minimum number of military technicians (dual status) as of the last day of fiscal year 2001 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

      (1) For the Army Reserve, 5,249.

      (2) For the Army National Guard of the United States, 22,357.

      (3) For the Air Force Reserve, 9,733.

      (4) For the Air National Guard of the United States, 22,221.

SEC. 414. FISCAL YEAR 2001 LIMITATION ON NON-DUAL STATUS TECHNICIANS.

    (a) LIMITATION- The number of non-dual status technicians employed by the reserve components of the Army and the Air Force as of September 30, 2001, may not exceed the following:

      (1) For the Army Reserve, 1,195.

      (2) For the Army National Guard of the United States, 1,600.

      (3) For the Air Force Reserve, 0.

      (4) For the Air National Guard of the United States, 326.

    (b) NON-DUAL STATUS TECHNICIANS DEFINED- In this section, the term `non-dual status technician' has the meaning given the term in section 10217(a) of title 10, United States Code.

    (c) POSTPONEMENT OF PERMANENT LIMITATION- Section 10217(c)(2) of title 10, United States Code, is amended by striking `October 1, 2001' and inserting `October 1, 2002'.

SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

    (a) OFFICERS- The table in section 12011(a) of title 10, United States Code, is amended to read as follows:

`Grade                            Army  Navy Air Force Marine Corps 

Major or Lieutenant Commander    3,227 1,071       898          140 
Lieutenant Colonel or Commander  1,687   520       844           90 
Colonel or Navy Captain            511   188       317         30'. 

    (b) SENIOR ENLISTED MEMBERS- The table in section 12012(a) of title 10, United States Code, is amended to read as follows:

`Grade  Army Navy Air Force Marine Corps 

E-9      662  202       501           20 
E-8    2,676  429     1,102         94'. 

Subtitle C--Other Matters Relating to Personnel Strengths

SEC. 421. SUSPENSION OF STRENGTH LIMITATIONS DURING WAR OR NATIONAL EMERGENCY.

    (a) SENIOR ENLISTED MEMBERS- Section 517 of title 10, United States Code, is amended by adding at the end the following new subsection (c):

    `(c) The Secretary of Defense may suspend the operation of this section in time of war or of national emergency declared by the Congress or by the President. Any suspension shall, if not sooner ended, end on the last day of the 2-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the 1-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. Title II of the National Emergencies Act (50 U.S.C. 1621-1622) shall not apply to an extension under this subsection.'.

    (b) SENIOR AGR PERSONNEL- (1) Chapter 1201 of such title is amended by adding at the end the following:

`Sec. 12013. Authority to suspend sections 12011 and 12012

    `The Secretary of Defense may suspend the operation of section 12011 or 12012 of this title in time of war or of national emergency declared by the Congress or by the President. Any suspension shall, if not sooner ended, end on the last day of the 2-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the 1-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. Title II of the National Emergencies Act (50 U.S.C. 1621-1622) shall not apply to an extension under this subsection.'.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following:

      `12013. Authority to suspend sections 12011 and 12012.'.

SEC. 422. EXCLUSION OF CERTAIN RESERVE COMPONENT MEMBERS ON ACTIVE DUTY FOR MORE THAN 180 DAYS FROM ACTIVE COMPONENT END STRENGTHS.

    Section 115(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:

      `(9) Members of reserve components (not described in paragraph (8)) on active duty for more than 180 days to perform special work in support of the armed forces (other than in support of the Coast Guard) and the combatant commands, except that the number of the members excluded under this paragraph may not exceed the number equal to two-tenths of one percent of the end strength authorized for active-duty personnel under subsection (a)(1)(A).'.

SEC. 423. EXCLUSION OF ARMY AND AIR FORCE MEDICAL AND DENTAL OFFICERS FROM LIMITATION ON STRENGTHS OF RESERVE COMMISSIONED OFFICERS IN GRADES BELOW BRIGADIER GENERAL.

    Section 12005(a) of title 10, United States Code, is amended by adding at the end the following:

    `(3) Medical officers and dental officers shall not be counted for the purposes of this subsection.'.

SEC. 424. AUTHORITY FOR TEMPORARY INCREASES IN NUMBER OF RESERVE PERSONNEL SERVING ON ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY IN CERTAIN GRADES.

    (a) OFFICERS- Section 12011 of title 10, United States Code, is amended by adding at the end the following new subsection:

    `(c) Upon increasing under subsection (c)(2) of section 115 of this title the end strength that is authorized under subsection (a)(1)(B) of that section for a fiscal year for active-duty personnel and full-time National Guard duty personnel of an armed force who are to be paid from funds appropriated for reserve personnel, the Secretary of Defense may increase for that fiscal year the limitation that is set forth in subsection (a) of this section for the number of officers of that armed force serving in any grade if the Secretary determines that such action is in the national interest. The percent of the increase may not exceed the percent by which the Secretary increases that end strength.'.

    (b) ENLISTED PERSONNEL- Section 12012 of title 10, United States Code, is amended by adding at the end the following new subsection:

    `(c) Upon increasing under subsection (c)(2) of section 115 of this title the end strength that is authorized under subsection (a)(1)(B) of that section for a fiscal year for active-duty personnel and full-time National Guard duty personnel of an armed force who are to be paid from funds appropriated for reserve personnel, the Secretary of Defense may increase for that fiscal year the limitation that is set forth in subsection (a) of this section for the number of enlisted members of that armed force serving in any grade if the Secretary determines that such action is in the national interest. The percent of the increase may not exceed the percent by which the Secretary increases that end strength.'.

SEC. 425. TEMPORARY EXEMPTION OF DIRECTOR OF THE NATIONAL SECURITY AGENCY FROM LIMITATIONS ON NUMBER OF AIR FORCE OFFICERS ABOVE MAJOR GENERAL.

    Section 525(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

    `(8) An Air Force officer while serving as Director of the National Security Agency is in addition to the number that would otherwise be permitted for the Air Force for officers serving on active duty in grades above major general under paragraph (1) and the number that would otherwise be permitted for the Air Force for officers serving on active duty in grades above brigadier general under subsection (a). This paragraph shall not be effective after September 30, 2005.'.

Subtitle D--Authorization of Appropriations

SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.

    There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2001 a total of $75,632,266,000. The authorization in the preceding sentence supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2001.

TITLE V--MILITARY PERSONNEL POLICY

SEC. 501. ELIGIBILITY OF ARMY RESERVE COLONELS AND BRIGADIER GENERALS FOR POSITION VACANCY PROMOTIONS.

    Section 14315(b)(1) of title 10, United States Code, is amended by inserting after `(A) is assigned to the duties of a general officer of the next higher reserve grade in the Army Reserve' the following: `or is recommended for such an assignment under regulations prescribed by the Secretary of the Army'.

SEC. 502. PROMOTION ZONES FOR COAST GUARD RESERVE OFFICERS.

    (a) FLEXIBLE AUTHORITY TO MEET COAST GUARD NEEDS- Section 729(d) of title 14, United States Code, is amended to read as follows:

    `(d)(1) Before convening a selection board to recommend Reserve officers for promotion, the Secretary shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. The Secretary shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category.

    `(2) Before convening a selection board to recommend Reserve officers for promotion to a grade above lieutenant (junior grade), the Secretary shall determine the maximum number of officers in that grade and competitive category that the board may recommend for promotion. The Secretary shall make the determination under the preceding sentence of the maximum number that may be recommended with a view to having in an active status a sufficient number of Reserve officers in each grade and competitive category to meet the needs of the Coast Guard for Reserve officers in an active status. In order to make that determination, the Secretary shall determine (A) the number of positions needed to accomplish mission objectives which require officers of such competitive category in the grade to which the board will recommend officers for promotion, (B) the estimated number of officers needed to fill vacancies in such positions during the period in which it is anticipated that officers selected for promotion will be promoted, (C) the number of officers authorized by the Secretary to serve in an active status in the grade and competitive category under consideration, and (D) any statutory limitation on the number of officers in any grade or category (or combination thereof) authorized to be in an active status.

    `(3)(A) The Secretary may, when the needs of the Coast Guard require, authorize the consideration of officers in a grade above lieutenant (junior grade) for promotion to the next higher grade from below the promotion zone.

    `(B) When selection from below the promotion zone is authorized, the Secretary shall establish the number of officers that may be recommended for promotion from below the promotion zone in each competitive category to be considered. That number may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to recommend for promotion in such competitive category, except that the Secretary may authorize a greater number, not to exceed 15 percent of the total number of officers that the board is authorized to recommend for promotion, if the Secretary determines that the needs of the Coast Guard so require. If the maximum number determined under this paragraph is less than one, the board may recommend one officer for promotion from below the promotion zone.

    `(C) The number of officers recommended for promotion from below the promotion zone does not increase the maximum number of officers that the board is authorized to recommend for promotion under paragraph (2).'.

    (b) RUNNING MATE SYSTEM- (1) Section 731 of such title is amended--

      (A) by designating the text of such section as subsection (b);

      (B) by inserting after the section heading the following:

    `(a) AUTHORITY TO USE RUNNING MATE SYSTEM- The Secretary may by regulation implement section 729(d)(1) of this title by requiring that the promotion zone for consideration of Reserve officers in an active status for promotion to the next higher grade be determined in accordance with a running mate system as provided in subsection (b).';

      (C) in subsection (b), as designated by subparagraph (A), by striking `Subject to the eligibility requirements of this subchapter, a Reserve officer shall' and inserting the following: `CONSIDERATION FOR PROMOTION- If promotion zones are determined as authorized under subsection (a), a Reserve officer shall, subject to the eligibility requirements of this subchapter,'; and

      (D) by adding at the end the following:

    `(c) CONSIDERATION OF OFFICERS BELOW THE ZONE- If the Secretary authorizes the selection of officers for promotion from below the promotion zone in accordance with section 729(d)(3) of this title, the number of officers to be considered from below the zone may be established through the application of the running mate system under this subchapter or otherwise as the Secretary determines to be appropriate to meet the needs of the Coast Guard.'.

    (2)(A) The heading for such section is amended to read as follows:

`Sec. 731. Establishment of promotion zones: running mate system'.

    (B) The item relating to such section in the table of sections at the beginning of chapter 21 of title 14, United States Code, is amended to read as follows:

      `731. Establishment of promotion zones: running mate system.'.

    (c) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on October 1, 2000, and shall apply with respect to selection boards convened under section 730 of title 14, United States Code, on or after that date.

SEC. 503. TIME FOR RELEASE OF OFFICER PROMOTION SELECTION BOARD REPORTS.

    (a) ACTIVE-DUTY LIST OFFICER BOARDS- Section 618(e) of title 10, United States Code, is amended to read as follows:

    `(e)(1) The names of the officers recommended for promotion in the report of a selection board may be disseminated to the armed force concerned as follows:

      `(A) In the case of officers recommended for promotion to a grade below brigadier general or rear admiral (lower half), upon the transmittal of the report to the President.

      `(B) In the case of officers recommended for promotion to a grade above colonel or, in the case of the Navy, captain, upon the approval of the report by the President.

      `(C) In the case of officers whose names have not been sooner disseminated, upon confirmation by the Senate.

    `(2) A list of names of officers disseminated under paragraph (1) may not include--

      `(A) any name removed by the President from the report of the selection board containing that name, if dissemination is under the authority of subparagraph (B) of such paragraph; or

      `(B) the name of any officer whose promotion the Senate failed to confirm, if dissemination is under the authority of subparagraph (C) of such paragraph.'.

    (b) RESERVE ACTIVE-STATUS LIST OFFICER BOARDS- The text of section 14112 of title 10, United States Code, is amended to read as follows:

    `(a) TIME FOR DISSEMINATION- The names of the officers recommended for promotion in the report of a selection board may be disseminated to the armed force concerned as follows:

      `(1) In the case of officers recommended for promotion to a grade below brigadier general or rear admiral (lower half), upon the transmittal of the report to the President.

      `(2) In the case of officers recommended for promotion to a grade above colonel or, in the case of the Navy, captain, upon the approval of the report by the President.

      `(3) In the case of officers whose names have not been sooner disseminated, upon confirmation by the Senate.

    `(b) NAMES NOT DISSEMINATED- A list of names of officers disseminated under subsection (a) may not include--

      `(1) any name removed by the President from the report of the selection board containing that name, if dissemination is under the authority of paragraph (2) of such subsection; or

      `(2) the name of any officer whose promotion the Senate failed to confirm, if dissemination is under the authority of paragraph (3) of such subsection.'.

SEC. 504. CLARIFICATION OF AUTHORITY FOR POSTHUMOUS COMMISSIONS AND WARRANTS.

    Section 1521(a)(3) of title 10, United States Code, is amended to read as follows:

      `(3) was officially recommended for appointment or promotion to a commissioned grade but died in line of duty before the appointment or promotion was approved by the Secretary concerned or before accepting the appointment or promotion.'.

SEC. 505. INAPPLICABILITY OF ACTIVE-DUTY LIST PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT AUTHORITIES TO RESERVE GENERAL AND FLAG OFFICERS SERVING IN CERTAIN POSITIONS DESIGNATED FOR RESERVE OFFICERS BY THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF.

    Section 641(1)(B) of title 10, United States Code, is amended by inserting `526(b)(2)(A),' after `on active duty under section'.

SEC. 506. REVIEW OF ACTIONS OF SELECTION BOARDS.

    (a) IN GENERAL- (1) Chapter 79 of title 10, United States Code, is amended by adding at the end the following:

`Sec. 1558. Exclusive remedies in cases involving selection boards

    `(a) CORRECTION OF MILITARY RECORDS- The Secretary concerned may correct a person's military records in accordance with a recommendation made by a special board. Any such correction shall be effective, retroactively, as of the effective date of the action taken on a report of a previous selection board that resulted in the action corrected in the person's military records.

    `(b) RELIEF ASSOCIATED WITH CORRECTIONS OF CERTAIN ACTIONS- (1) The Secretary concerned shall ensure that a person receives relief under paragraph (2) or (3), as the person may elect, if the person--

      `(A) was separated or retired from an armed force, or transferred to the retired reserve or to inactive status in a reserve component, as a result of a recommendation of a selection board; and

      `(B) becomes entitled to retention on or restoration to active duty or active status in a reserve component as a result of a correction of the person's military records under subsection (a).

    `(2)(A) With the consent of a person referred to in paragraph (1), the person shall be retroactively and prospectively restored to the same status, rights, and entitlements (less appropriate offsets against back pay and allowances) in the person's armed force as the person would have had if the person had not been selected to be separated, retired, or transferred to the retired reserve or to inactive status in a reserve component, as the case may be, as a result of an action corrected under subsection (a). An action under this subparagraph is subject to subparagraph (B).

    `(B) Nothing in subparagraph (A) shall be construed to permit a person to be on active duty or in an active status in a reserve component after the date on which the person would have been separated, retired, or transferred to the retired reserve or to inactive status in a reserve component if the person had not been selected to be separated, retired, or transferred to the retired reserve or to inactive status in a reserve component, as the case may be, in an action of a selection board that is corrected under subsection (a).

    `(3) If the person does not consent to a restoration of status, rights, and entitlements under paragraph (2), the person shall receive back pay and allowances (less appropriate offsets) and service credit for the period beginning on the date of the person's separation, retirement, or transfer to the retired reserve or to inactive status in a reserve component, as the case may be, and ending on the earlier of--

      `(A) the date on which the person would have been so restored under paragraph (2), as determined by the Secretary concerned; or

      `(B) the date on which the person would otherwise have been separated, retired, or transferred to the retired reserve or to inactive status in a reserve component, as the case may be.

    `(c) FINALITY OF UNFAVORABLE ACTION- If a special board makes a recommendation not to correct the military records of a person regarding action taken in the case of that person on the basis of a previous report of a selection board, the action previously taken on that report shall be considered as final as of the date of the action taken on that report.

    `(d) REGULATIONS- (1) The Secretary concerned may prescribe regulations to carry out this section (other than subsection (e)) with respect to the armed force or armed forces under the jurisdiction of the Secretary.

    `(2) The Secretary may prescribe in the regulations the circumstances under which consideration by a special board may be provided for under this section, including the following:

      `(A) The circumstances under which consideration of a person's case by a special board is contingent upon application by or for that person.

      `(B) Any time limits applicable to the filing of an application for consideration.

    `(3) Regulations prescribed by the Secretary of a military department under this subsection shall be subject to the approval of the Secretary of Defense.

    `(e) JUDICIAL REVIEW- (1) A person challenging for any reason the action or recommendation of a selection board, or the action taken by the Secretary concerned on the report of a selection board, is not entitled to relief in any judicial proceeding unless the person has first been considered by a special board under this section or the Secretary concerned has denied such consideration.

    `(2) In reviewing an action or recommendation of a special board or an action of the Secretary concerned on the report of a special board, a court may hold unlawful and set aside the recommendation or action, as the case may be, only on the following bases:

      `(A) The action or recommendation of the special board or the action of the Secretary concerned, as the case may be, was not in compliance with the applicable procedures.

      `(B) Any such action or recommendation is contrary to law.

    `(3) In reviewing a decision by the Secretary concerned to deny consideration by a special board in any case, a court may hold unlawful and set aside the decision only on the following bases:

      `(A) The decision was not made in accordance with applicable procedures.

      `(B) The decision is arbitrary, capricious, or otherwise contrary to law.

    `(f) EXCLUSIVITY OF REMEDIES- Notwithstanding any other provision of law, but subject to subsection (g), the remedies provided under this section are the only remedies available to a person for correcting an action or recommendation of a selection board regarding that person or an action taken on the report of a selection board regarding that person.

    `(g) EXISTING JURISDICTION- (1) Nothing in this section limits the jurisdiction of any court of the United States under any provision of law to determine the validity of any statute, regulation, or policy relating to selection boards, except that, in the event that any such statute, regulation, or policy is held invalid, the remedies prescribed in this section shall be the sole and exclusive remedies available to any person challenging the recommendation of a special board on the basis of the invalidity.

    `(2) Nothing in this section limits authority to correct a military record under section 1552 of this title.

    `(h) INAPPLICABILITY TO COAST GUARD- This section does not apply to the Coast Guard when it is not operating as a service in the Navy.

    `(i) DEFINITIONS- In this section:

      `(1) The term `special board'--

        `(A) means a board that the Secretary concerned convenes under any authority to consider whether to recommend a person for appointment, enlistment, reenlistment, assignment, promotion, retention, separation, retirement, or transfer to inactive status in a reserve component instead of referring the records of that person for consideration by a previously convened selection board which considered or should have considered that person;

        `(B) includes a board for the correction of military or naval records convened under section 1552 of this title, if designated as a special board by the Secretary concerned; and

        `(C) does not include a promotion special selection board convened under section 628 or 14502 of this title.

      `(2) The term `selection board'--

        `(A) means a selection board convened under section 573(b), 580, 580a, 581, 611(b), 637, 638, 638a, 14101(b), 14701, 14704, or 14705 of this title, and any other board convened by the Secretary concerned under any authority to recommend persons for appointment, enlistment, reenlistment, assignment, promotion, or retention in the armed forces or for separation, retirement, or transfer to inactive status in a reserve component for the purpose of reducing the number of persons serving in the armed forces; and

        `(B) does not include--

          `(i) a promotion board convened under section 573(a), 611(a), or 14101(a) of this title;

          `(ii) a special board;

          `(iii) a special selection board convened under section 628 of this title; or

          `(iv) a board for the correction of military records convened under section 1552 of this title.'.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following:

      `1558. Exclusive remedies in cases involving selection boards .'.

    (b) SPECIAL SELECTION BOARDS- Section 628 of such title is amended--

      (1) by redesignating subsection (g) as subsection (j); and

      (2) by inserting after subsection (f) the following:

    `(g) LIMITATIONS OF OTHER JURISDICTION- No official or court of the United States may--

      `(1) consider any claim based to any extent on the failure of an officer or former officer of the armed forces to be selected for promotion by a promotion board until--

        `(A) the claim has been referred by the Secretary concerned to a special selection board convened under this section and acted upon by that board and the report of the board has been approved by the President; or

        `(B) the claim has been rejected by the Secretary of Defense without consideration by a special selection board; or

      `(2) grant any relief on such a claim unless the officer or former officer has been selected for promotion by a special selection board convened under this section to consider the officer's claim and the report of the board has been approved by the President.

    `(h) JUDICIAL REVIEW- (1) A court of the United States may review a determination by the Secretary concerned under subsection (a)(1) or (b)(1) not to convene a special selection board. If a court finds the determination to be arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law, it shall remand the case to the Secretary concerned, who shall provide for consideration of the officer or former officer by a special selection board under this section.

    `(2) A court of the United States may review the action of a special selection board convened under this section on a claim of an officer or former officer and any action taken by the President on the report of the board. If a court finds that the action was contrary to law or involved a material error of fact or a material administrative error, it shall remand the case to the Secretary concerned, who shall provide for reconsideration of the officer or former officer by another special selection board.

    `(i) EXISTING JURISDICTION- (1) Nothing in this section limits the jurisdiction of any court of the United States under any provision of law to determine the validity of any statute, regulation, or policy relating to selection boards, except that, in the event that any such statute, regulation, or policy is held invalid, the remedies prescribed in this section shall be the sole and exclusive remedies available to any person challenging the recommendation of a selection board on the basis of the invalidity.

    `(2) Nothing in this section limits authority to correct a military record under section 1552 of this title.'.

    (c) EFFECTIVE DATE AND APPLICABILITY- (1) The amendments made by this section shall take effect on the date of the enactment of this Act and, except as provided in paragraph (2), shall apply with respect to any proceeding pending on or after that date without regard to whether a challenge to an action of a selection board of any of the Armed Forces being considered in such proceeding was initiated before, on, or after that date.

    (2) The amendments made by this section shall not apply with respect to any action commenced in a court of the United States before the date of the enactment of this Act.

SEC. 507. EXTENSION TO ALL AIR FORCE BIOMEDICAL SCIENCES OFFICERS OF AUTHORITY TO RETAIN UNTIL SPECIFIED AGE.

    Section 14703(a)(3) of title 10, United States Code, is amended to read as follows:

      `(3) the Secretary of the Air Force may, with the officer's consent, retain in an active status any reserve officer who is designated as a medical officer, dental officer, Air Force nurse, Medical Service Corps officer, biomedical sciences officer, or chaplain.'.

SEC. 508. TERMINATION OF APPLICATION REQUIREMENT FOR CONSIDERATION OF OFFICERS FOR CONTINUATION ON THE RESERVE ACTIVE-STATUS LIST.

    Section 14701(a)(1) of title 10, United States Code, is amended by striking `Upon application, a reserve officer' and inserting `A reserve officer'.

SEC. 509. TECHNICAL CORRECTIONS RELATING TO RETIRED GRADE OF RESERVE COMMISSIONED OFFICERS.

    (a) ARMY- Section 3961(a) of title 10, United States Code, is amended by striking `or for nonregular service under chapter 1223 of this title'.

    (b) AIR FORCE- Section 8961(a) of title 10, United States Code, is amended by striking `or for nonregular service under chapter 1223 of this title'.

    (c) EFFECTIVE DATE- The amendments made by subsections (a) and (b) shall apply to Reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion by a board convened under chapter 36 or 1403 of title 10, United States Code, or having been found qualified for Federal recognition in a higher grade under chapter 3 of title 32, United States Code, after October 1, 1996.

SEC. 510. GRADE OF CHIEFS OF RESERVE COMPONENTS AND DIRECTORS OF NATIONAL GUARD COMPONENTS.

    (a) CHIEF OF ARMY RESERVE- Section 3038(c) of title 10, United States Code, is amended--

      (1) by striking `major general' in the third sentence and inserting `lieutenant general'; and

      (2) by striking the fourth sentence.

    (b) CHIEF OF NAVAL RESERVE- Section 5143(c)(2) of such title is amended--

      (1) by striking `rear admiral' in the first sentence and inserting `vice admiral'; and

      (2) by striking the second sentence.

    (c) CHIEF OF AIR FORCE RESERVE- Section 8038(c) of such title is amended--

      (1) by striking `major general' in the third sentence and inserting `lieutenant general'; and

      (2) by striking the fourth sentence.

    (d) DIRECTORS IN THE NATIONAL GUARD BUREAU- Subparagraphs (A) and (B) of section 10506(a)(1) of such title are each amended by striking `the grade of major general or, if appointed to that position in accordance with section 12505(a)(2) of this title,'.

    (e) COMMANDER, MARINE FORCES RESERVE- (1) Section 5144(c)(2) of such title is amended to read as follows:

    `(2)(A) The Commander, Marine Forces Reserve, while so serving, has the grade of major general, without vacating the officer's permanent grade. An officer may, however, be assigned to the position of Commander, Marine Forces Reserve, in the grade of lieutenant general if appointed to that grade for service in that position by the President, by and with the advice and consent of the Senate. An officer may be recommended to the President for such an appointment if selected for appointment to that position in accordance with subparagraph (B).

    `(B) An officer shall be considered to have been selected for appointment to the position of Commander, Marine Forces Reserve, in accordance with this subparagraph if--

      `(i) the officer is recommended for that appointment by the Secretary of the Navy;

      `(ii) the officer is determined by the Chairman of the Joint Chiefs of Staff, in accordance with criteria and as a result of a process established by the Chairman, to have significant joint duty experience; and

      `(iii) the officer is recommended by the Secretary of Defense to the President for the appointment.'.

    (2) Until October 1, 2002, the Secretary of Defense may, on a case-by-case basis, waive clause (ii) of section 5144(c)(2)(B) of title 10, United States Code (as added by paragraph (1)), with respect to the appointment of an officer to the position of Commander, Marine Forces Reserve, if in the judgment of the Secretary--

      (A) the officer is qualified for service in the position; and

      (B) the waiver is necessary for the good of the service.

    (f) REPEAL OF SUPERSEDED AUTHORITY- (1) Section 12505 of title 10, United States Code, is repealed.

    (2) The table of sections at the beginning of chapter 1213 of such title is amended by striking the item relating to section 12505.

    (g) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on the earlier of--

      (1) the date that is 90 days after the date of the enactment of this Act; or

      (2) January 1, 2001.

Subtitle B--Joint Officer Management

SEC. 521. JOINT SPECIALTY DESIGNATIONS AND ADDITIONAL IDENTIFIERS.

    Section 661 of title 10, United States Code, is amended to read as follows:

`Sec. 661. Management policies for joint specialty officers

    `(a) ESTABLISHMENT- The Secretary of Defense shall establish policies, procedures, and practices for the effective management of officers of the Army, Navy, Air Force, and Marine Corps on the active-duty list who are particularly trained in, and oriented toward, joint matters (as defined in section 668 of this title). Such officers shall be identified or designated (in addition to their principal military occupational specialty) in such manner as the Secretary of Defense directs. For purposes of this chapter, officers to be managed by such policies, procedures, and practices are those who have been designated under subsection (b) as joint specialty officers.

    `(b) JOINT SPECIALTY OFFICER DESIGNATION- (1) The purpose for designation of officers as joint specialty officers is to provide a quickly identifiable group of officers who have the joint service experience and education in joint matters that are especially required for any particular organizational staff or joint task force operation.

    `(2) To qualify for the joint specialty designation, an officer shall--

      `(A) have successfully completed--

        `(i) a program of education in residence at a joint professional military education school accredited as such by the Chairman of the Joint Chiefs of Staff; and

        `(ii) a full tour of duty in a joint duty assignment; or

      `(B) have successfully completed two full tours of duty in joint duty assignments.

    `(3) The requirements set forth in paragraph (2)(A) may be satisfied in any sequence.

    `(4) The Secretary of Defense shall prescribe the standards for characterizing the completion of a requirement under paragraph (2) as successful.

    `(5) An officer may not be designated as a joint specialty officer unless qualified under paragraph (2).

    `(c) ADDITIONAL IDENTIFIER- An officer designated as a joint specialty officer may be awarded an additional joint specialty identifier as directed by the Secretary under subsection (a).

    `(d) WAIVER AUTHORITY FOR AWARD OF ADDITIONAL IDENTIFIER- (1) The Secretary of Defense may waive the applicability of a requirement for a qualification set forth in subsection (b) for a designation of a particular officer as a joint specialty officer upon the Secretary's determination that, by reason of unusual circumstances applicable in the officer's case, the officer has one or more qualifications that are comparable to the qualification waived.

    `(2) The Secretary may grant a waiver for a general or flag officer under paragraph (1) only upon the Secretary's determination that it is necessary to do so in order to meet a critical need of the armed forces.

    `(3) The Secretary may delegate authority under this subsection only to the Deputy Secretary of Defense or the Chairman of the Joint Chiefs of Staff.

    `(4) The Secretary of the military department concerned may request a waiver under this subsection. A request shall include a full justification for the requested waiver on the basis of the criterion described in paragraph (1) and, in the case of a general or flag officer, the additional criterion described in paragraph (2).

    `(e) GENERAL AND FLAG OFFICER POSITIONS- (1) The Secretary of Defense shall designate the joint duty assignments for general or flag officers that must be filled by joint specialty officers.

    `(2) Only a joint specialty officer may be assigned to a joint duty assignment designated under paragraph (1).

    `(3) The Secretary may waive the limitation in paragraph (2) if the Secretary determines that it is necessary to do so in the interest of national security.

    `(f) JOINT PROFESSIONAL MILITARY EDUCATION SCHOOLS- The Chairman of the Joint Chiefs of Staff shall accredit as joint professional military education schools for the purposes of this chapter the schools that the Chairman determines as being qualified for the accreditation. A school may not be considered a joint professional military education school for any such purpose unless the school is so accredited.'.

SEC. 522. PROMOTION OBJECTIVES.

    (a) OBJECTIVES- Section 662 of title 10, United States Code, is amended to read as follows:

`Sec. 662. Promotion policy objectives for joint officers

    `(a) QUALIFICATIONS- The Secretary of Defense shall ensure that the qualifications of officers assigned to joint duty assignments and officers whose previous assignment was a joint duty assignment are such that those officers are expected, as a group, to be promoted to the next higher grade at a rate not less than the rate for officers of the same armed force in the same grade and competitive category who are serving on the headquarters staff of that armed force.

    `(b) VALIDATION OF QUALIFICATIONS- (1) The Secretary of a military department shall validate the qualifications of officers under the jurisdiction of the Secretary for eligibility for joint duty assignments.

    `(2) The Secretary shall ensure that, under the process prescribed under paragraph (3), an adequate number of the colonels or, in the case of the Navy, captains validated as qualified for joint duty assignments satisfy the requirements under section 619a of this title for promotion to brigadier general or rear admiral (lower half), respectively.

    `(3) The Secretary shall prescribe the process for validating qualifications of officers under the jurisdiction of the Secretary in accordance with this subsection.

    `(c) CONSIDERATION OF JOINT SPECIALTY OFFICERS- (1) The Secretary of Defense shall prescribe policies for ensuring that joint specialty officers eligible for consideration for promotion are appropriately considered for promotion.

    `(2) The policies shall require the following:

      `(A) That at least one member of a board convened for the selection of officers for promotion to a grade above major or, in the case of the Navy, lieutenant commander is serving in a joint duty assignment and has been approved by the Chairman of the Joint Chiefs of Staff for appointment to membership on that board.

      `(B) That the Chairman of the Joint Chiefs of Staff has the opportunity to review the report of each promotion selection board referred to in subparagraph (A), and to submit comments on the report to the Secretary of Defense and the Secretary of the military department concerned, before the Secretary of that military department takes action on the report.'.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 38 of title 10, United States Code, is amended by striking the item relating to section 662 and inserting the following:

      `662. Promotion policy objectives for joint officers.'.

SEC. 523. EDUCATION.

    (a) OFFICERS ELIGIBLE FOR WAIVER OF CAPSTONE COURSE REQUIREMENT- Subsection (a)(1)(C) of section 663 of title 10, United States Code, is amended by striking `scientific and technical qualifications' and inserting `career field specialty qualifications'.

    (b) REPEAL OF REQUIREMENT FOR POST-EDUCATION JOINT DUTY ASSIGNMENT- Such section is further amended by striking subsection (d).

SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENT.

    (a) IN GENERAL- Section 664 of title 10, United States Code, is amended--

      (1) by striking subsections (a) through (h);

      (2) by redesignating subsection (i) as subsection (f); and

      (3) by inserting after the section heading the following:

    `(a) IN GENERAL- The length of a joint duty assignment at an installation or other place of duty shall be equivalent to the standard length of the assignments (other than joint duty assignments) of officers at that installation or other place of duty.

    `(b) WAIVER AUTHORITY- The Secretary of Defense may waive the requirement in subsection (a) for the length of a joint duty assignment in the case of any officer upon a determination by the Secretary that the waiver is critical in the case of that specific officer for meeting military personnel management requirements.

    `(c) CURTAILMENT OF ASSIGNMENT- The Secretary of Defense may, upon the request of the Secretary of the military department concerned, authorize a curtailment of a joint duty assignment of more than two years for an officer who has served in that assignment for at least two years.

    `(d) FULL TOUR OF DUTY- Subject to subsection (e), an officer shall be considered to have completed a full tour of duty in a joint duty assignment upon the completion of service performed in a grade not lower than major or, in the case of the Navy, lieutenant commander, as follows:

      `(1) Service in a joint duty assignment that meets the standard set forth in subsection (a).

      `(2) Service in a joint duty assignment under the circumstances described in subsection (c).

      `(3) Cumulative service in one or more joint task force headquarters that is substantially equivalent to a standard length of assignment determined under subsection (a).

      `(4) Service in a joint duty assignment with respect to which the Secretary of Defense has granted a waiver under subsection (b), but only in a case in which the Secretary directs that the service completed by the officer in that duty assignment be considered to be a full tour of duty in a joint duty assignment.

      `(5) Service in a second joint duty assignment that is less than the period required under subsection (a), but is not less than two years, without regard to whether a waiver was granted for such assignment under subsection (b).'.

    (b) JOINT DUTY CREDIT FOR CERTAIN JOINT TASK FORCE ASSIGNMENTS- Subsection (f) of such section, as redesignated by subsection (a)(2), is amended--

      (1) in paragraph (4)(B), by inserting before the period at the end the following: `, except that cumulative service of less than one year in more than one such assignment in the headquarters of a joint task force may not be credited';

      (2) in paragraph (4)(E)--

        (A) by striking `combat or combat-related'; and

        (B) by inserting before the period at the end the following: `, as approved by the Secretary of Defense';

      (3) in paragraph (5), by striking `any of the following provisions of this title:' and all that follows and inserting `section 662 of this title or paragraph (2), (4), or (7) of section 667(a) of this title.'; and

      (4) by striking paragraph (6).

SEC. 525. ANNUAL REPORT TO CONGRESS.

    Section 667 of title 10, United States Code, is amended by striking paragraph (1) and all that follows and inserting the following:

      `(1) The number of joint specialty officers, reported by grade and by branch or specialty.

      `(2) An assessment of the extent to which the Secretary of each military department is assigning personnel to joint duty assignments in accordance with this chapter and the policies, procedures, and practices established by the Secretary of Defense under section 661(a) of this title.

      `(3) The number of waivers granted under section 619a(b)(1) of this title for officers in the grade of colonel or, in the case of the Navy, captain for each of the years preceding the year in which the report is submitted.

      `(4) The officers whose service in joint duty assignments during the year covered by the report terminated before the officers completed the full tour of duty in those assignments, expressed as a percent of the total number of officers in joint duty assignments during that year.

      `(5) The percentage of fill of student quotas for each course of the National Defense University for the year covered by the report.

      `(6) A list of the joint task force headquarters in which service was approved for crediting as a joint duty assignment for the year covered by the report.

      `(7) The following comparisons:

        `(A) A comparison of--

          `(i) the promotion rates for officers who are officers serving in joint duty assignments or officers whose previous assignment was a joint duty assignment and were considered for promotion within the promotion zone, with

          `(ii) the promotion rates for other officers in the same grade and the same competitive category who are serving on the headquarters staff of the armed force concerned and were considered for promotion within the promotion zone.

        `(B) A comparison of--

          `(i) the promotion rates for officers who are officers serving in joint duty assignments or officers whose previous assignment was a joint duty assignment and were considered for promotion from above the promotion zone, with

          `(ii) the promotion rates for other officers in the same grade and the same competitive category who are serving on the headquarters staff of the armed force concerned and were considered for promotion from above the promotion zone.

        `(C) A comparison of--

          `(i) the promotion rates for officers who are officers serving in joint duty assignments or officers whose previous assignment was a joint duty assignment and were considered for promotion from below the promotion zone, with

          `(ii) the promotion rates for other officers in the same grade and the same competitive category who are serving on the headquarters staff of the armed force concerned and were considered for promotion from below the promotion zone.

      `(8) If any of the comparisons in paragraph (7) indicate that the promotion rates for officers referred to in subparagraph (A)(i), (B)(i), or (C)(i) of such paragraph fail to meet the objective set forth in section 662(a) of this title, information on the failure and on what action the Secretary has taken or plans to take to prevent further failures.

      `(9) Any other information relating to joint officer management that the Secretary of Defense considers significant.'.

SEC. 526. MULTIPLE ASSIGNMENTS CONSIDERED AS SINGLE JOINT DUTY ASSIGNMENT.

    (a) DEFINITION OF JOINT DUTY ASSIGNMENT- Subsection (b) of section 668 of title 10, United States Code, is amended--

      (1) by redesignating paragraph (2) as paragraph (3); and

      (2) by inserting after paragraph (1) the following new paragraph (2):

    `(2) An assignment not qualifying as a joint duty assignment within the definition prescribed under paragraph (1) shall be treated as a joint duty assignment for the purposes of this subchapter if the assignment is considered under subsection (c)(2) as part of a single tour of duty in a joint duty assignment.'.

    (b) MULTIPLE ASSIGNMENTS CONSIDERED AS SINGLE TOUR OF DUTY- Subsection (c) of such section is amended to read as follows:

    `(c) MULTIPLE ASSIGNMENTS CONSIDERED AS SINGLE TOUR OF DUTY- For purposes of this chapter, service in more than one assignment shall be considered to be a single tour of duty in a joint duty assignment, as follows:

      `(1) Continuous service in two or more consecutive joint duty assignments, as defined under subsection (b)(1).

      `(2) Continuous service, in any order, in--

        `(A) at least one joint duty assignment, as defined under subsection (b)(1); and

        `(B) one or more assignments not satisfying the definition prescribed under subsection (b)(1) but involving service that provides significant experience in joint matters, as determined under policies prescribed by the Secretary of Defense under section 661(a) of this title.'.

SEC. 527. JOINT DUTY REQUIREMENT FOR PROMOTION TO ONE-STAR GRADES.

    Section 619a of title 10, United States Code, is amended--

      (1) in subsection (a), by striking `section 664(f)' and inserting `section 664(d); and

      (2) in subsection (b)--

        (A) in paragraph (2), by striking `scientific and technical qualifications' and inserting `career field specialty qualifications'; and

        (B) in paragraph (4), by striking `if--' and all that follows and inserting a period.

Subtitle C--Education and Training

SEC. 541. ELIGIBILITY OF CHILDREN OF RESERVES FOR PRESIDENTIAL APPOINTMENT TO SERVICE ACADEMIES.

    (a) UNITED STATES MILITARY ACADEMY- Section 4342(b)(1) of title 10, United States Code, is amended--

      (1) in subparagraph (B), by striking `, other than those granted retired pay under section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)'; and

      (2) by inserting after subparagraph (B) the following:

        `(C) are serving as members of reserve components and are credited with at least eight years of service computed under section 12733 of this title; or

        `(D) would be, or who died while they would have been, entitled to retired pay under chapter 1223 of this title except for not having attained 60 years of age;'.

    (b) UNITED STATES NAVAL ACADEMY- Section 6954(b)(1) of such title is amended--

      (1) in subparagraph (B), by striking `, other than those granted retired pay under section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)'; and

      (2) by inserting after subparagraph (B) the following:

        `(C) are serving as members of reserve components and are credited with at least eight years of service computed under section 12733 of this title; or

        `(D) would be, or who died while they would have been, entitled to retired pay under chapter 1223 of this title except for not having attained 60 years of age;'.

    (c) UNITED STATES AIR FORCE ACADEMY- Section 9342(b)(1) of such title is amended--

      (1) in subparagraph (B), by striking `, other than those granted retired pay under section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)'; and

      (2) by inserting after subparagraph (B) the following:

        `(C) are serving as members of reserve components and are credited with at least eight years of service computed under section 12733 of this title; or

        `(D) would be, or who died while they would have been, entitled to retired pay under chapter 1223 of this title except for not having attained 60 years of age;'.

SEC. 542. SELECTION OF FOREIGN STUDENTS TO RECEIVE INSTRUCTION AT SERVICE ACADEMIES.

    (a) UNITED STATES MILITARY ACADEMY- Section 4344(a) of title 10, United States Code, is amended by adding at the end the following:

    `(3) In selecting persons to receive instruction under this section from among applicants from the countries approved under paragraph (2), the Secretary shall give a priority to persons who have a national service obligation to their countries upon graduation from the Academy.'.

    (b) UNITED STATES NAVAL ACADEMY- Section 6957(a) of such title is amended by adding at the end the following:

    `(3) In selecting persons to receive instruction under this section from among applicants from the countries approved under paragraph (2), the Secretary shall give a priority to persons who have a national service obligation to their countries upon graduation from the Academy.'.

    (c) UNITED STATES AIR FORCE ACADEMY- Section 9344(a) of such title is amended by adding at the end the following:

    `(3) In selecting persons to receive instruction under this section from among applicants from the countries approved under paragraph (2), the Secretary shall give a priority to persons who have a national service obligation to their countries upon graduation from the Academy.'.

    (d) EFFECTIVE DATE AND APPLICABILITY- This section and the amendments made by this section shall take effect on October 1, 2000, and shall apply with respect to academic years that begin after that date.

SEC. 543. REPEAL OF CONTINGENT FUNDING INCREASE FOR JUNIOR RESERVE OFFICERS TRAINING CORPS.

    (a) REPEAL- (1) Section 2033 of title 10, United States Code, is repealed.

    (2) The table of sections at the beginning of chapter 102 of such title is amended by striking the item relating to section 2033.

    (b) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on October 1, 2000.

SEC. 544. REVISION OF AUTHORITY FOR MARINE CORPS PLATOON LEADERS CLASS TUITION ASSISTANCE PROGRAM.

    (a) ELIGIBILITY OF OFFICERS- Section 16401 of title 10, United States Code, is amended--

      (1) in subsection (a), by striking `enlisted' in the matter preceding paragraph (1); and

      (2) in subsection (b)(1)--

        (A) by striking `an enlisted member' in the matter preceding subparagraph (A) and inserting `a member'; and

        (B) by striking `an officer candidate in' in subparagraph (A) and inserting `a member of'.

    (b) REPEAL OF AGE LIMITATIONS- Subsection (b) of such section is amended--

      (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 subparagraph (2);

      (3) by redesignating paragraph (3) as paragraph (2); and

      (4) in paragraph (2), as so redesignated, by striking `paragraph (1)(D)' and inserting `paragraph (1)(C)'.

    (c) CANDIDATES FOR LAW DEGREES- Subsection (a)(2) of such section is amended by striking `three' and inserting `four'.

    (d) INAPPLICABILITY OF SANCTION TO OFFICERS- Subsection (f)(1) of such section is amended by striking `A member' and inserting `An enlisted member'.

    (e) AMENDMENTS OF HEADINGS- (1) The heading for such section is amended to read as follows:

`Sec. 16401. Marine Corps Platoon Leaders Class tuition assistance program'.

    (2) The heading for subsection (a) of such section is amended by striking `FOR FINANCIAL ASSISTANCE PROGRAM'.

    (f) CLERICAL AMENDMENT- The item relating to such section in the table of chapters at the beginning of chapter 1611 of title 10, United States Code, is amended to read as follows:

      `16401. Marine Corps Platoon Leaders Class tuition assistance program.'.

Subtitle D--Matters Relating to Recruiting

SEC. 551. ARMY RECRUITING PILOT PROGRAMS.

    (a) REQUIREMENT FOR PROGRAMS- The Secretary of the Army shall carry out pilot programs to test various recruiting approaches under this section for the following purposes:

      (1) To assess the effectiveness of the recruiting approaches for creating enhanced opportunities for recruiters to make direct, personal contact with potential recruits.

      (2) To improve the overall effectiveness and efficiency of Army recruiting activities.

    (b) OUTREACH THROUGH MOTOR SPORTS- (1) One of the pilot programs shall be a pilot program of public outreach that associates the Army with motor sports competitions to achieve the objectives set forth in paragraph (2).

    (2) The events and activities undertaken under the pilot program shall be designed to provide opportunities for Army recruiters to make direct, personal contact with high school students to achieve the following objectives:

      (A) To increase enlistments by students graduating from high school.

      (B) To reduce attrition in the Delayed Entry Program of the Army by sustaining the personal commitment of students who have elected delayed entry into the Army under the program.

    (3) Under the pilot program, the Secretary shall provide for the following:

      (A) For Army recruiters or other Army personnel--

        (i) to organize Army sponsored career day events in association with national motor sports competitions; and

        (ii) to arrange for or encourage attendance at the competitions by high school students, teachers, guidance counselors, and administrators of high schools located near the competitions.

      (B) For Army recruiters and other soldiers to attend national motor sports competitions--

        (i) to display exhibits depicting the contemporary Army and career opportunities in the Army; and

        (ii) to discuss those opportunities with potential recruits.

      (C) For the Army to sponsor a motor sports racing team as part of an integrated program of recruitment and publicity for the Army.

      (D) For the Army to sponsor motor sports competitions for high school students at which recruiters meet with potential recruits.

      (E) For Army recruiters or other Army personnel to compile in an Internet accessible database the names, addresses, telephone numbers, and electronic mail addresses of persons who are identified as potential recruits through activities under the pilot program.

      (F) Any other activities associated with motor sports competition that the Secretary determines appropriate for Army recruitment purposes.

    (c) OUTREACH AT VOCATIONAL SCHOOLS AND COMMUNITY COLLEGES- (1) One of the pilot programs shall be a pilot program under which Army recruiters are assigned at postsecondary vocational institutions and community colleges for the purpose of recruiting students graduating from those institutions and colleges, recent graduates of those institutions and colleges, and students withdrawing from enrollments in those institutions and colleges.

    (2) The Secretary shall select the institutions and colleges to be invited to participate in the pilot program.

    (3) The conduct of the pilot program at an institution or college shall be subject to an agreement which the Secretary shall enter into with the governing body or authorized official of the institution or college, as the case may be.

    (4) Under the pilot program, the Secretary shall provide for the following:

      (A) For Army recruiters to be placed in postsecondary vocational institutions and community colleges to serve as a resource for guidance counselors and to recruit for the Army.

      (B) For Army recruiters to recruit from among students and graduates described in paragraph (1).

      (C) For the use of telemarketing, direct mail, interactive voice response systems, and Internet website capabilities to assist the recruiters in the postsecondary vocational institutions and community colleges.

      (D) For any other activities that the Secretary determines appropriate for recruitment activities in postsecondary vocational institutions and community colleges.

    (5) In this subsection, the term `postsecondary vocational institution' has the meaning given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)).

    (d) CONTRACT RECRUITING INITIATIVES- (1) One of the pilot programs shall be a program that expands in accordance with this subsection the scope of the Army's contract recruiting initiatives that are ongoing as of the date of the enactment of this Act. Under the pilot program, the Secretary shall select at least five recruiting battalions to apply the initiatives in efforts to recruit personnel for the Army.

    (2) Under the pilot program, the Secretary shall provide for the following:

      (A) For replacement of the Regular Army recruiters by contract recruiters in the five recruiting battalions selected under paragraph (1).

      (B) For operation of the five battalions under the same rules and chain of command as the other Army recruiting battalions.

      (C) For use of the offices, facilities, and equipment of the five battalions by the contract recruiters.

      (D) For reversion to performance of the recruiting activities by Regular Army soldiers in the five battalions upon termination of the pilot program.

      (E) For any other uses of contractor personnel for Army recruiting activities that the Secretary determines appropriate.

    (e) DURATION OF PILOT PROGRAMS- The pilot programs required by this section shall be carried out during the period beginning on October 1, 2000, and, subject to subsection (f), ending on December 31, 2005.

    (f) AUTHORITY TO EXPAND OR EXTEND PILOT PROGRAMS- The Secretary may expand the scope of any of the pilot programs (under subsection (b)(3)(F), (c)(4)(D), (d)(2)(E), or otherwise) or extend the period for any of the pilot programs. Before doing so in the case of a pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification of the expansion of the pilot program (together with the scope of the expansion) or the continuation of the pilot program (together with the period of the extension), as the case may be.

    (g) RELATIONSHIP TO OTHER LAW- The Secretary may exercise the authority to carry out a pilot program under this section without regard to any other provision of law that, except for this subsection, would otherwise restrict the actions taken by the Secretary under that authority.

    (h) REPORTS- Not later than February 1, 2006, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a separate report on each of the pilot programs carried out under this section. The report on a pilot program shall include the following:

      (1) The Secretary's assessment of the value of the actions taken in the administration of the pilot program for increasing the effectiveness and efficiency of Army recruiting.

      (2) Any recommendations for legislation or other action that the Secretary considers appropriate to increase the effectiveness and efficiency of Army recruiting.

SEC. 552. ENHANCEMENT OF THE JOINT AND SERVICE RECRUITMENT MARKET RESEARCH AND ADVERTISING PROGRAMS.

    The Secretary of Defense shall take appropriate actions to enhance the effectiveness of the Joint and Service Recruiting and Advertising Programs through an aggressive program of advertising and market research targeted to prospective recruits for the Armed Forces and to persons who influence prospective recruits. Chapter 35 of title 44, United States Code, shall not apply to actions taken under this section.

SEC. 553. ACCESS TO SECONDARY SCHOOLS FOR MILITARY RECRUITING PURPOSES.

    (a) REQUIREMENT FOR ACCESS- Section 503(c) of title 10, United States Code, is amended to read as follows:

    `(c) ACCESS TO SECONDARY SCHOOLS- (1) Each local educational agency shall provide to the Department of Defense, upon a request made for military recruiting purposes, the same access to secondary school students, and to directory information concerning such students, as is provided generally to post-secondary educational institutions or to prospective employers of those students, except as provided in paragraph (5).

    `(2) If a local educational agency denies a request for recruiting access that must be granted under paragraph (1), the Secretary of the military department for which the request is made shall designate a general or flag officer of the armed force concerned or a senior executive of that military department to visit the local educational agency for the purpose of arranging for recruiting access. The designated officer or senior executive shall make the visit within 120 days after the date of the denial of the request.

    `(3) Upon a determination by the Secretary of Defense that, after the actions under paragraph (2) have been taken with respect to a local educational agency, the agency continues to deny recruiting access, the Secretary shall transmit to the Chief Executive of the State in which the local educational agency is located a notification of the denial of access and a request for assistance in obtaining the requested access. The notification shall be transmitted within 60 days after the date of the determination. The Secretary shall provide copies of communications between the Secretary and a Chief Executive under this subparagraph to the Secretary of Education.

    `(4) If a local educational agency continues to deny recruiting access one year after the date of the transmittal of a notification regarding that agency under paragraph (3), the Secretary shall--

      `(A) determine whether the agency denies recruiting access to at least two of the armed forces (other than the Coast Guard when it is not operating as a service in the Navy); and

      `(B) upon making an affirmative determination under subparagraph (A), transmit a notification of the denial of recruiting access to--

        `(i) the Committees on Armed Services of the Senate and the House of Representatives;

        `(ii) the Senators of the State in which the local educational agency operates; and

        `(iii) the member of the House of Representatives who represents the district in which the local educational agency operates.

    `(5) The requirements of this subsection do not apply to a local educational agency with respect to access to secondary school students or access to directory information concerning such students during any period that there is in effect a policy of the agency, established by majority vote of the governing body of the agency, to deny access to the students or to the directory information, respectively, for military recruiting purposes.

    `(6) In this subsection:

      `(A) The term `local educational agency' includes a private secondary educational institution.

      `(B) The term `recruiting access' means access requested as described in paragraph (1).

      `(C) The term `senior executive' has the meaning given that term in section 3132(a)(3) of title 5.

      `(D) The term `State' includes the District of Columbia, American Samoa, the Federated States of Micronesia, Guam, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Republic of Palau, and the United States Virgin Islands.'.

    (b) TECHNICAL AMENDMENTS- Section 503 of title 10, United States Code, is amended--

      (1) in subsection (a), by inserting `RECRUITING CAMPAIGNS- ' after `(a)';

      (2) in subsection (b), by inserting `COMPILATION OF DIRECTORY INFORMATION- ' after `(b)'; and

      (3) in subsection (c), by inserting `ACCESS TO SECONDARY SCHOOLS- ' after `(c)'.

    (c) REPEAL OF DUPLICATIVE AUTHORITY REGARDING GRANTS AND CONTRACTS TO UNCOOPERATIVE INSTITUTIONS OF HIGHER EDUCATION- Section 8120 of the Department of Defense Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1260; 10 U.S.C. 983 note) is repealed.

    (d) EFFECTIVE DATES- (1) The amendment made by subsection (a) shall take effect on July 1, 2002.

    (2) The amendments made by subsections (b) and (c) shall take effect on the date of the enactment of this Act.

Subtitle E--Other Matters

SEC. 561. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO CERTAIN SPECIFIED PERSONS.

    (a) INAPPLICABILITY OF TIME LIMITATIONS- Notwithstanding the time limitations in section 3744(b) of title 10, United States Code, or any other time limitation, the President may award the Medal of Honor under section 3741 of such title to the persons specified in subsection (b) for the acts specified in that subsection, the award of the Medal of Honor to such persons having been determined by the Secretary of the Army to be warranted in accordance with section 1130 of such title.

    (b) PERSONS ELIGIBLE TO RECEIVE THE MEDAL OF HONOR- The persons referred to in subsection (a) are the following:

      (1) Ed W. Freeman, for conspicuous acts of gallantry and intrepidity at the risk of his life and beyond the call of duty on November 14, 1965, as flight leader and second-in-command of a helicopter lift unit at landing zone X-Ray in the Battle of the Ia Drang Valley, Republic of Vietnam, during the Vietnam War, while serving in the grade of Captain in Alpha Company, 229th Assault Helicopter Battalion, 101st Cavalry Division (Airmobile).

      (2) James K. Okubo, for conspicuous acts of gallantry and intrepidity at the risk of his life and beyond the call of duty on October 28 and 29, and November 4, 1944, at Foret Domaniale de Champ, near Biffontaine, France, during World War II, while serving as an Army medic in the grade of Technician Fifth Grade in the medical detachment, 442d Regimental Combat Team.

      (3) Andrew J. Smith, for conspicuous acts of gallantry and intrepidity at the risk of his life and beyond the call of duty on November 30, 1864, in the Battle of Honey Hill, South Carolina, during the Civil War, while serving as a corporal in the 55th Massachusetts Voluntary Infantry Regiment.

    (c) POSTHUMOUS AWARD- The Medal of Honor may be awarded under this section posthumously, as provided in section 3752 of title 10, United States Code.

    (d) PRIOR AWARD- The Medal of Honor may be awarded under this section for service for which a Silver Star, or other award, has been awarded.

SEC. 562. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS TO CERTAIN PERSONS.

    (a) WAIVER- Any limitation established by law or policy for the time within which a recommendation for the award of a military decoration or award must be submitted shall not apply to awards of decorations described in this section, the award of each such decoration having been determined by the Secretary concerned to be warranted in accordance with section 1130 of title 10, United States Code.

    (b) SILVER STAR- Subsection (a) applies to the award of the Silver Star to Louis Rickler, of Rochester, New York, for gallantry in action from August 18 to November 18, 1918, while serving as a member of the Army.

    (c) DISTINGUISHED FLYING CROSS- Subsection (a) applies to the award of the Distinguished Flying Cross for service during World War II or Korea (including multiple awards to the same individual) in the case of each individual concerning whom the Secretary of the Navy (or an officer of the Navy acting on behalf of the Secretary) submitted to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, during the period beginning on October 5, 1999, and ending on the day before the date of the enactment of this Act, a notice as provided in section 1130(b) of title 10, United States Code, that the award of the Distinguished Flying Cross to that individual is warranted and that a waiver of time restrictions prescribed by law for recommendation for such award is recommended.

SEC. 563. INELIGIBILITY FOR INVOLUNTARY SEPARATION PAY UPON DECLINATION OF SELECTION FOR CONTINUATION ON ACTIVE DUTY.

    (a) INELIGIBILITY- Section 1174(a)(1) of title 10, United States Code, is amended--

      (1) by inserting `, 637(a)(4),' after `section 630(1)(A)'; and

      (2) by inserting `(except under section 580(e)(2))' after `section 580'.

    (b) EFFECTIVE DATE AND APPLICABILITY- The amendments made by subsection (a) shall take effect on October 1, 2000, and shall apply with respect to discharges and retirements from active duty that take effect under section 580(e)(2) or 637(a)(4) of title 10, United States Code, on or after that date.

SEC. 564. RECOGNITION BY STATES OF MILITARY TESTAMENTARY INSTRUMENTS.

    (a) IN GENERAL- Chapter 53 of title 10, United States Code, is amended by inserting after section 1044c the following new section:

`Sec. 1044d. Military testamentary instruments: requirement for recognition by States

    `(a) TESTAMENTARY INSTRUMENTS TO BE GIVEN LEGAL EFFECT- A military testamentary instrument--

      `(1) is exempt from any requirement of form, formality, or recording before probate that is provided for testamentary instruments under the laws of a State; and

      `(2) has the same legal effect as a testamentary instrument prepared and executed in accordance with the laws of the State in which it is presented for probate.

    `(b) MILITARY TESTAMENTARY INSTRUMENTS- For purposes of this section, a military testamentary instrument is an instrument that is prepared with testamentary intent in accordance with regulations prescribed under this section and that--

      `(1) is executed in accordance with subsection (c) by (or on behalf of) a person, as a testator, who is eligible for military legal assistance;

      `(2) makes a disposition of property of the testator; and

      `(3) takes effect upon the death of the testator.

    `(c) REQUIREMENTS FOR EXECUTION OF MILITARY TESTAMENTARY INSTRUMENTS- An instrument is valid as a military testamentary instrument only if--

      `(1) the instrument is executed by the testator (or, if the testator is unable to execute the instrument personally, the instrument is executed in the presence of, by the direction of, and on behalf of the testator);

      `(2) the instrument is executed in the presence of a military legal assistance counsel acting as presiding attorney;

      `(3) the instrument is executed in the presence of at least two disinterested witnesses (in addition to the presiding attorney), each of whom attests to witnessing the testator's execution of the instrument by signing it; and

      `(4) the instrument is executed in accordance with such additional requirements as may be provided in regulations prescribed under this section.

    `(d) SELF-PROVING MILITARY TESTAMENTARY INSTRUMENTS- (1) If the document setting forth a military testamentary instrument meets the requirements of paragraph (2), then the signature of a person on the document as the testator, an attesting witness, a notary, or the presiding attorney, together with a written representation of the person's status as such and the person's military grade (if any) or other title, is prima facie evidence of the following:

      `(A) That the signature is genuine.

      `(B) That the signatory had the represented status and title at the time of the execution of the will.

      `(C) That the signature was executed in compliance with the procedures required under the regulations prescribed under subsection (f).

    `(2) A document setting forth a military testamentary instrument meets the requirements of this paragraph if it includes (or has attached to it), in a form and content required under the regulations prescribed under subsection (f), each of the following:

      `(A) A certificate, executed by the testator, that includes the testator's acknowledgment of the testamentary instrument.

      `(B) An affidavit, executed by each witness signing the testamentary instrument, that attests to the circumstances under which the testamentary instrument was executed.

      `(C) A notarization, including a certificate of any administration of an oath required under the regulations, that is signed by the notary or other official administering the oath.

    `(e) STATEMENT TO BE INCLUDED- (1) Under regulations prescribed under this section, each military testamentary instrument shall contain a statement that sets forth the provisions of subsection (a).

    `(2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a testamentary instrument that does not include a statement described in that paragraph.

    `(f) REGULATIONS- Regulations for the purposes of this section shall be prescribed jointly by the Secretary of Defense and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Department of the Navy.

    `(g) DEFINITIONS- In this section:

      `(1) The term `person eligible for military legal assistance' means a person who is eligible for legal assistance under section 1044 of this title.

      `(2) The term `military legal assistance counsel' means--

        `(A) a judge advocate (as defined in section 801(13) of this title); or

        `(B) a civilian attorney serving as a legal assistance officer under the provisions of section 1044 of this title.

      `(3) The term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each possession of the United States.'.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1044c the following new item:

      `1044d. Military testamentary instruments: requirement for recognition by States.'.

SEC. 565. SENSE OF CONGRESS ON THE COURT-MARTIAL CONVICTION OF CAPTAIN CHARLES BUTLER McVAY, COMMANDER OF THE U.S.S. INDIANAPOLIS, AND ON THE COURAGEOUS SERVICE OF ITS CREW.

    (a) FINDINGS- Congress makes the following findings:

      (1) Shortly after midnight on the morning of July 30, 1945, the United States Navy heavy cruiser U.S.S. Indianapolis (CA-35) was torpedoed and sunk by the Japanese submarine I-58 in what became the worst sea disaster in the history of the United States Navy.

      (2) Although approximately 900 of the ship's crew of 1,196 survived the actual sinking, only 316 of those courageous sailors survived when rescued after four and a half days adrift in the open sea.

      (3) Nearly 600 of the approximately 900 men who survived the sinking perished from battle wounds, drowning, predatory shark attacks, exposure to the elements, and lack of food and potable water.

      (4) Rescue came for the remaining 316 sailors when they were spotted by chance by Navy Lieutenant Wilbur C. Gwinn while flying a routine naval air patrol mission.

      (5) After the end of World War II, the commanding officer of the U.S.S. Indianapolis, Captain Charles Butler McVay, who was rescued with the other survivors, was court-martialed for `suffering a vessel to be hazarded through negligence' by failing to zigzag (a naval tactic employed to help evade submarine attacks), and was convicted even though--

        (A) the choice to zigzag was left to Captain McVay's discretion in his orders; and

        (B) Motchisura Hashimoto, the commander of the Japanese submarine that sank the U.S.S. Indianapolis, and Glynn R. Donaho, a United States Navy submarine commander highly decorated for his service during World War II, both testified at Captain McVay's court-martial trial that the Japanese submarine could have sunk the U.S.S. Indianapolis whether or not it had been zigzagging, an assertion that the Japanese submarine commander has since reaffirmed in a letter to the Chairman of the Committee on Armed Services of the Senate.

      (6) Although not argued by Captain McVay's defense counsel in the court-martial trial, poor visibility on the night of the sinking (as attested in surviving crew members' handwritten accounts recently discovered at the National Archives) justified Captain McVay's choice not to zigzag as that choice was consistent with the applicable Navy directives in force in 1945, which stated that, `During thick weather and at night, except on very clear nights or during bright moonlight, vessels normally cease zig-zagging.'.

      (7) Naval officials failed to provide Captain McVay with available support that was critical to the safety of the U.S.S. Indianapolis and its crew on what became its final mission by--

        (A) disapproving a request made by Captain McVay for a destroyer escort for the U.S.S. Indianapolis across the Philippine Sea as being `not necessary';

        (B) not informing Captain McVay that naval intelligence sources, through signal intelligence (the Japanese code having been broken earlier in World War II), had become aware that the Japanese submarine I-58 was operating in the area of the U.S.S. Indianapolis' course (as disclosed in evidence presented in a hearing of the Committee on Armed Services of the Senate); and

        (C) not informing Captain McVay of the sinking of the destroyer escort U.S.S. Underhill by a Japanese submarine within range of the course of the U.S.S. Indianapolis four days before the U.S.S. Indianapolis departed Guam on its fatal voyage.

      (8) Captain McVay's court-martial initially was opposed by his immediate command superiors, Fleet Admiral Chester Nimitz (CINCPAC) and Vice Admiral Raymond Spruance of the 5th fleet, for which the U.S.S. Indianapolis served as flagship, but, despite their recommendations, Secretary of the Navy James Forrestal ordered the court-martial, largely on the basis of the recommendation of Admiral King, Chief of Naval Operations.

      (9) There is no explanation on the public record for Secretary Forestal's overruling of the recommendations made by Admirals Nimitz and Spruance.

      (10) Captain McVay was the only commander of a United States Navy vessel lost in combat to enemy action during World War II who was subjected to a court-martial trial for such a loss, even though several hundred United States Navy ships were lost in combat to enemy action during World War II.

      (11) The survivors of the U.S.S. Indianapolis overwhelmingly conclude that McVay was not at fault and have dedicated their lives to vindicating their Captain, Charles McVay, but time is running out for the 130 remaining members of the crew in their united and steadfast quest to clear their Captain's name.

      (12) Although Captain McVay was promoted to Rear Admiral upon retirement from the Navy, he never recovered from the stigma of his post-war court-martial and in 1968, tragically, took his own life.

      (13) Captain McVay was a graduate of the United States Naval Academy, was an exemplary career naval officer with an outstanding record (including participation in the amphibious invasions of North Africa, the assault on Iwo Jima, and the assault on Okinawa where he survived a fierce kamikaze attack), was a recipient of the Silver Star earned for courage under fire during the Solomon Islands campaign, and, with his crew, had so thoroughly demonstrated proficiency in naval warfare that the Navy entrusted Captain McVay and the crew with transporting, on their fatal cruise, the components necessary for assembling the atomic bombs that were exploded over Hiroshima and Nagasaki to end the war with Japan.

    (b) SENSE OF CONGRESS- (1) It is the sense of Congress, on the basis of the facts presented in a public hearing conducted by the Committee on Armed Services of the Senate on September 14, 1999, including evidence not available at the time of Captain Charles Butler McVay's court-martial, and on the basis of extensive interviews and questioning of witnesses and knowledgeable officials and a review of the record of the court-martial for and in that hearing, that--

      (A) recognizing that the Secretary of the Navy remitted the sentence of the court-martial and that Admiral Nimitz, as Chief of Naval Operations, restored Captain McVay to active duty, the American people should now recognize Captain McVay's lack of culpability for the tragic loss of the U.S.S. Indianapolis and the lives of the men who died as a result of her sinking; and

      (B) knowing that vital information was not available to the court-martial board and that, as a result, Captain McVay was convicted, Captain McVay's military record should now reflect that he is exonerated for the loss of the ship and its crew.

    (2) It is, further, the sense of Congress that Congress strongly encourages the Secretary of the Navy to award a Navy Unit Commendation to the U.S.S. Indianapolis and its final crew.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2001.

    (a) WAIVER OF SECTION 1009 ADJUSTMENT- The adjustment to become effective during fiscal year 2001 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

    (b) INCREASE IN BASIC PAY- Effective on January 1, 2001, the rates of monthly basic pay for members of the uniformed services are increased by 3.7 percent.

SEC. 602. CORRECTIONS FOR BASIC PAY TABLES.

    Section 601(c) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65) is amended--

      (1) in footnote 2 under the first table (113 Stat. 646), relating to commissioned officers, by striking `$12,441.00' and inserting `$12,488.70'; and

      (2) in footnote 2 under the fourth table (113 Stat. 648), relating to enlisted members, by striking `$4,701.00' and inserting `$4,719.00'.

SEC. 603. PAY IN LIEU OF ALLOWANCE FOR FUNERAL HONORS DUTY.

    (a) COMPENSATION AT RATE FOR INACTIVE-DUTY TRAINING- (1) Section 115(b)(2) of title 32, United States Code, is amended to read as follows:

      `(2) as directed by the Secretary concerned, either--

        `(A) the allowance under section 435 of title 37; or

        `(B) compensation under section 206 of title 37.'.

    (2) Section 12503(b)(2) of title 10, United States Code, is amended to read as follows:

      `(2) as directed by the Secretary concerned, either--

        `(A) the allowance under section 435 of title 37; or

        `(B) compensation under section 206 of title 37.'.

    (b) CONFORMING REPEAL- Section 435 of title 37, United States Code, is amended by striking subsection (c).

    (c) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on October 1, 2000, and shall apply with respect to months beginning on or after that date.

SEC. 604. CLARIFICATION OF SERVICE EXCLUDED IN COMPUTATION OF CREDITABLE SERVICE AS A MARINE CORPS OFFICER.

    (a) SERVICE AS RESERVE ENLISTED MEMBER IN PLATOON LEADERS CLASS- Section 205(f) of title 37, United States Code, is amended by striking `that the officer performed concurrently as a member' and inserting `that the officer performed concurrently as an enlisted member'.

    (b) CORRECTION OF REFERENCE- Such section 205(f) is further amended by striking `section 12209' and inserting `section 12203'.

SEC. 605. CALCULATION OF BASIC ALLOWANCE FOR HOUSING.

    (a) RATES- Subsection (b) of section 403 of title 37, United States Code, is amended--

      (1) by striking paragraph (2);

      (2) by redesignating paragraph (1) as paragraph (2);

      (3) by inserting after `(b) BASIC ALLOWANCE FOR HOUSING INSIDE THE UNITED STATES- ' the following: `(1) The Secretary of Defense shall prescribe the rates of the basic allowance for housing that are applicable for the various military housing areas in the United States. The rates for an area shall be based on the costs of adequate housing determined for the area under paragraph (2).'; and

      (4) in paragraph (6), by striking `, changes in the national average monthly cost of housing,'.

    (b) REPEAL OF LIMITATION ON TOTAL PAYMENTS- Subsection (b) of such section is further amended--

      (1) by striking paragraphs (3) and (5); and

      (2) by redesignating paragraphs (4), (6), and (7) as paragraphs (3), (4), and (5), respectively.

SEC. 606. ELIGIBILITY OF MEMBERS IN GRADE E-4 TO RECEIVE BASIC ALLOWANCE FOR HOUSING WHILE ON SEA DUTY.

    (a) PAYMENT AUTHORIZED- Subsection (f)(2)(B) of section 403 of title 37, United States Code, is amended--

      (1) by striking `E-5' in the first sentence and inserting `E-4 or E-5'; and

      (2) by striking `grade E-5' in the second sentence and inserting `grades E-4 and E-5'.

    (b) CONFORMING AMENDMENT- Subsection (m)(1)(B) of such section is amended by striking `E-4' and inserting `E-3'.

SEC. 607. PERSONAL MONEY ALLOWANCE FOR THE SENIOR ENLISTED MEMBERS OF THE ARMED FORCES.

    (a) AUTHORITY- Section 414 of title 37, United States Code, is amended by adding at the end the following:

    `(c) In addition to other pay or allowances authorized by this title, a noncommissioned officer is entitled to a personal money allowance of $2,000 a year while serving as the Sergeant Major of the Army, the Master Chief Petty Officer of the Navy, the Chief Master Sergeant of the Air Force, the Sergeant Major of the Marine Corps, or the Master Chief Petty Officer of the Coast Guard.'.

    (b) EFFECTIVE DATE- This section and the amendment made by this section shall take effect on October 1, 2000.

SEC. 608. INCREASED UNIFORM ALLOWANCES FOR OFFICERS.

    (a) INITIAL ALLOWANCE- Section 415(a) of title 37, United States Code, is amended by striking `$200' and inserting `$400'.

    (b) ADDITIONAL ALLOWANCE- Section 416(a) of such title is amended by striking `$100' and inserting `$200'.

    (c) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on October 1, 2000.

SEC. 609. CABINET-LEVEL AUTHORITY TO PRESCRIBE REQUIREMENTS AND ALLOWANCE FOR CLOTHING OF ENLISTED MEMBERS.

    Section 418 of title 37, United States Code, is amended--

      (1) in subsection (a), by striking `The President' and inserting `The Secretary of Defense and the Secretary of Transportation, with respect to the Coast Guard when it is not operating as a service in the Navy,'; and

      (2) in subsection (b), by striking `the President' and inserting `the Secretary of Defense'.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES.

    (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES- Section 302g(f) of title 37, United States Code, is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

    (b) SELECTED RESERVE REENLISTMENT BONUS- Section 308b(f) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

    (c) SELECTED RESERVE ENLISTMENT BONUS- Section 308c(e) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

    (d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN HIGH PRIORITY UNITS- Section 308d(c) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

    (e) SELECTED RESERVE AFFILIATION BONUS- Section 308e(e) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

    (f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS- Section 308h(g) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

    (g) PRIOR SERVICE ENLISTMENT BONUS- Section 308i(f) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

    (h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE- Section 16302(d) of title 10, United States Code, is amended by striking `January 1, 2001' and inserting `January 1, 2002'.

SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE ANESTHETISTS.

    (a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM- Section 2130a(a)(1) of title 10, United States Code, is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

    (b) ACCESSION BONUS FOR REGISTERED NURSES- Section 302d(a)(1) of title 37, United States Code, is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

    (c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS- Section 302e(a)(1) of title 37, United States Code, is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES AND SPECIAL PAYS.

    (a) AVIATION OFFICER RETENTION BONUS- Section 301b(a) of title 37, United States Code, is amended by striking `December 31, 2000,' and inserting `December 31, 2001,'.

    (b) REENLISTMENT BONUS FOR ACTIVE MEMBERS- Section 308(g) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

    (c) ENLISTMENT BONUS FOR PERSONS WITH CRITICAL SKILLS- Section 308a(d) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

    (d) ARMY ENLISTMENT BONUS- Section 308f(c) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

    (e) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE SERVICE- Section 312(e) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

    (f) NUCLEAR CAREER ACCESSION BONUS- Section 312b(c) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

    (g) NUCLEAR CAREER ANNUAL INCENTIVE BONUS- Section 312c(d) of such title is amended by striking `December 31, 2000' and inserting `December 31, 2001'.

SEC. 614. CONSISTENCY OF AUTHORITIES FOR SPECIAL PAY FOR RESERVE MEDICAL AND DENTAL OFFICERS.

    (a) RESERVE MEDICAL OFFICERS SPECIAL PAY- Section 302(h)(1) of title 37, United States Code, is amended by adding at the end: `, including active duty in the form of annual training, active duty for training, and active duty for special work'.

    (b) RESERVE DENTAL OFFICERS SPECIAL PAY AMENDMENT- Subsection (d) of section 302f of title 37, United States Code, is amended to read as follows:

    `(d) SPECIAL RULE FOR RESERVE MEDICAL AND DENTAL OFFICERS- While a Reserve medical or dental officer receives a special pay under section 302 or 302b of this title by reason of subsection (a), the officer shall not be entitled to special pay under section 302(h) or 302b(h) of this title.'.

SEC. 615. SPECIAL PAY FOR PHYSICIAN ASSISTANTS OF THE COAST GUARD.

    Section 302c(d)(1) of title 37, United States Code, is amended by inserting after `nurse,' the following: `an officer of the Coast Guard or Coast Guard Reserve designated as a physician assistant,'.

SEC. 616. AUTHORIZATION OF SPECIAL PAY AND ACCESSION BONUS FOR PHARMACY OFFICERS.

    (a) AUTHORIZATION OF SPECIAL PAY- Chapter 5 of title 37, United States Code, is amended by inserting after section 302h the following new section:

`Sec. 302i. Special pay: pharmacy officers

    `(a) ARMY, NAVY, AND AIR FORCE PHARMACY OFFICERS- Under regulations prescribed pursuant to section 303a of this title, the Secretary of the military department concerned may, subject to subsection (c), pay special pay at the rates specified in subsection (d) to an officer who--

      `(1) is a pharmacy officer in the Medical Service Corps of the Army or Navy or the Biomedical Sciences Corps of the Air Force; and

      `(2) is on active duty under a call or order to active duty for a period of not less than one year.

    `(b) PUBLIC HEALTH SERVICE CORPS- Subject to subsection (c), the Secretary of Health and Human Services may pay special pay at the rates specified in subsection (d) to an officer who--

      `(1) is an officer in the Regular or Reserve Corps of the Public Health Service and is designated as a pharmacy officer; and

      `(2) is on active duty under a call or order to active duty for a period of not less than one year.

    `(c) LIMITATION- Special pay may not be paid under this section to an officer serving in a pay grade above pay grade O-6.

    `(d) RATE OF SPECIAL PAY- The rate of special pay paid to an officer subsection (a) or (b) is as follows:

      `(1) $3,000 per year, if the officer is undergoing pharmacy internship training or has less than 3 years of creditable service.

      `(2) $7,000 per year, if the officer has at least 3 but less than 6 years of creditable service and is not undergoing pharmacy internship training.

      `(3) $7,000 per year, if the officer has at least 6 but less than 8 years of creditable service.

      `(4) $12,000 per year, if the officer has at least 8 but less than 12 years of creditable service.

      `(5) $10,000 per year, if the officer has at least 12 but less than 14 years of creditable service.

      `(6) $9,000 per year, if the officer has at least 14 but less than 18 years of creditable service.

      `(7) $8,000 per year, if the officer has 18 or more years of creditable service.'.

    (b) AUTHORIZATION OF ACCESSION BONUSES- Chapter 5 of that title is further amended by inserting after section 302i, as added by subsection (a) of this section, the following new section:

`Sec. 302j. Special pay: accession bonus for pharmacy officers

    `(a) ACCESSION BONUS AUTHORIZED- A person who is a graduate of an accredited pharmacy school and who, during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2001 and ending on September 30, 2004, executes a written agreement described in subsection (c) to accept a commission as an officer of a uniformed service and remain on active duty for a period of not less than 4 years may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary concerned.

    `(b) LIMITATION ON AMOUNT OF BONUS- The amount of an accession bonus under subsection (a) may not exceed $30,000.

    `(c) LIMITATION ON ELIGIBILITY FOR BONUS- A person may not be paid a bonus under subsection (a) if--

      `(1) the person, in exchange for an agreement to accept an appointment as a warrant or commissioned officer, received financial assistance from the Department of Defense or the Department of Health and Human Services to pursue a course of study in pharmacy; or

      `(2) the Secretary concerned determines that the person is not qualified to become and remain licensed as a pharmacist.

    `(d) AGREEMENT- The agreement referred to in subsection (a) shall provide that, consistent with the needs of the uniformed service concerned, the person executing the agreement shall be assigned to duty, for the period of obligated service covered by the agreement, as a pharmacy officer in the Medical Service Corps of the Army or Navy, a biomedical sciences officer in the Air Force designated as a pharmacy officer, or a pharmacy officer of the Public Health Service.

    `(e) REPAYMENT- (1) An officer who receives a payment under subsection (a) and who fails to become and remain licensed as a pharmacist during the period for which the payment is made shall refund to the United States an amount equal to the full amount of such payment.

    `(2) An officer who voluntarily terminates service on active duty before the end of the period agreed to be served under subsection (a) shall refund to the United States an amount that bears the same ratio to the amount paid to the officer as the unserved part of such period bears to the total period agreed to be served.

    `(3) An obligation to reimburse the United States under paragraph (1) or (2) is for all purposes a debt owed to the United States.

    `(4) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under such agreement or this subsection. This paragraph applies to any case commenced under title 11 after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2001.'.

    (c) ADMINISTRATION- Section 303a of title 37, United States Code, is amended by striking `302h' each place it appears and inserting `302j'.

    (d) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 302h the following new items:

      `302i. Special pay: pharmacy officers.

      `302j. Special pay: accession bonus for pharmacy officers.'.

SEC. 617. CORRECTION OF REFERENCES TO AIR FORCE VETERINARIANS.

    Section 303(a) of title 37, United States Code, is amended--

      (1) in paragraph (1)(B), by striking `who is designated as a veterinary officer' and inserting `who is an officer in the Biomedical Sciences Corps and holds a degree in veterinary medicine'; and

      (2) in paragraph (2), by striking subparagraph (B) and inserting the following:

        `(B) of a reserve component of the Air Force, of the Army or the Air Force without specification of component, or of the National Guard, who--

          `(i) is designated as a veterinary officer; or

          `(ii) is an officer in the Biomedical Sciences Corps of the Air Force and holds a degree in veterinary medicine; or'.

SEC. 618. ENTITLEMENT OF ACTIVE DUTY OFFICERS OF THE PUBLIC HEALTH SERVICE CORPS TO SPECIAL PAYS AND BONUSES OF HEALTH PROFESSIONAL OFFICERS OF THE ARMED FORCES.

    (a) IN GENERAL- Section 303a of title 37, United States Code, is amended--

      (1) by redesignating subsections (b) and (c) as subsections (c) and (d); and

      (2) by inserting after subsection (a) the following new subsection (b):

    `(b)(1) Except as provided in paragraph (2) or as otherwise provided under a provision of this chapter, commissioned officers in the Regular or Reserve Corps of the Public Health Service shall be entitled to special pay under the provisions of this chapter in the same amounts, and under the same terms and conditions, as commissioned officers of the armed forces are entitled to special pay under the provisions of this chapter.

    `(2) A commissioned medical officer in the Regular or Reserve Corps of the Public Health Service (other than an officer serving in the Indian Health Service) may not receive additional special pay under section 302(a)(4) of this title for any period during which the officer is providing obligated service under the following provisions of law:

      `(A) Section 338B of the Public Health Service Act (42 U.S.C. 254l-1).

      `(B) Section 225(e) of the Public Health Service Act, as that section was in effect before 1, 1977.

      `(C) Section 752 of the Public Health Service Act, as that section was in effect between October 1, 1977, and August 13, 1981.'.

    (b) REPEAL OF SUPERSEDED PROVISIONS- Section 208(a) of the Public Health Service Act (42 U.S.C. 210(a)) is amended--

      (1) by striking paragraphs (2) and (3); and

      (2) by inserting after paragraph (1) the following new paragraph (2):

    `(2) For provisions relating to the receipt of special pay by commissioned officers of the Regular and Reserve Corps while on active duty, see section 303a(b) of title 37, United States Code.'.

SEC. 619. CAREER SEA PAY.

    (a) REFORM OF AUTHORITIES- Section 305a of title 37, United States Code, is amended--

      (1) in subsection (a), by striking `Under regulations prescribed by the President, a member' and inserting `A member';

      (2) by redesignating subsection (d) as subsection (e); and

      (3) by striking subsections (b) and (c) and inserting the following:

    `(b) The Secretary concerned shall prescribe the monthly rates for special pay applicable to members of each armed force under the Secretary's jurisdiction. No monthly rate may exceed $750.

    `(c) A member of a uniformed service entitled to career sea pay under this section who has served 36 consecutive months of sea duty is also entitled to a career sea pay premium for the thirty-seventh consecutive month and each subsequent consecutive month of sea duty served by such member. The monthly amount of the premium shall be prescribed by the Secretary concerned, but may not exceed $350.

    `(d) The Secretary concerned shall prescribe regulations for the administration of this section for the armed force or armed forces under the jurisdiction of the Secretary. The entitlements under this section shall be subject to the regulations.'.

    (b) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 2000, and shall apply with respect to months beginning on or after that date.

SEC. 620. INCREASED MAXIMUM RATE OF SPECIAL DUTY ASSIGNMENT PAY.

    Section 307(a) of title 37, United States Code, is amended--

      (1) by striking `$275' and inserting `$600'; and

      (2) by striking the second sentence.

SEC. 621. EXPANSION OF APPLICABILITY OF AUTHORITY FOR CRITICAL SKILLS ENLISTMENT BONUS TO INCLUDE ALL ARMED FORCES.

    (a) EXPANSION OF AUTHORITY- Section 308f of title 37, United States Code, is amended--

      (1) by striking `Secretary of the Army' each place it appears and inserting `Secretary concerned'; and

      (2) by striking `the Army' in subsections (a)(3) and (c) and inserting `an armed force'.

    (b) CONFORMING AMENDMENT- The heading for such section is amended to read as follows:

`Sec. 308f. Special pay: bonus for enlistment'.

    (c) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by striking the item relating to section 308f and inserting the following:

      `308f. Special pay: bonus for enlistment.'.

    (d) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on October 1, 2000, and shall apply with respect to months beginning on or after that date.

Subtitle C--Travel and Transportation Allowances

SEC. 631. ADVANCE PAYMENTS FOR TEMPORARY LODGING OF MEMBERS AND DEPENDENTS.

    (a) SUBSISTENCE EXPENSES- Section 404a of title 37, United States Code, is amended--

      (1) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and

      (2) by striking subsection (a) and inserting the following:

    `(a)(1) Under regulations prescribed by the Secretaries concerned, a member of a uniformed service who is ordered to make a change of permanent station described in paragraph (2) shall be paid or reimbursed for subsistence expenses of the member and the member's dependents for the period (subject to subsection (c)) for which the member and dependents occupy temporary quarters incident to that change of permanent station.

    `(2) Paragraph (1) applies to the following:

      `(A) A permanent change of station from any duty station to a duty station in the United States (other than Hawaii or Alaska).

      `(B) A permanent change of station from a duty station in the United States (other than Hawaii or Alaska) to a duty station outside the United States or in Hawaii or Alaska.

    `(b) The Secretary concerned may make any payment for subsistence expenses to a member under this section in advance of the incurrence of the expenses. The amount of an advance payment made to a member shall be computed on the basis of the Secretary's determination of the average number of days that members and their dependents occupy temporary quarters under the circumstances applicable to the member and the member's dependents.

    `(c)(1) In the case of a change of permanent station described in subsection (a)(2)(A), the period for which subsistence expenses are to be paid or reimbursed under this section may not exceed 10 days.

    `(2) In the case of a change of permanent station described in subsection (a)(2)(B)--

      `(A) the period for which such expenses are to be paid or reimbursed under this section may not exceed five days; and

      `(B) such payment or reimbursement may be provided only for expenses incurred before leaving the United States (other than Hawaii or Alaska).'.

    (b) PER DIEM- Section 405 of such title is amended--

      (1) by redesignating subsection (b) as subsection (c); and

      (2) by striking subsection (a) and inserting the following:

    `(a) Without regard to the monetary limitation of this title, the Secretary concerned may pay a per diem to a member who is on duty outside of the United States or in Hawaii or Alaska, whether or not the member is in a travel status. The Secretary may pay the per diem in advance of the accrual of the per diem.

    `(b) In determining the per diem to be paid under this section, the Secretary concerned shall consider all elements of the cost of living to members of the uniformed services under the Secretary's jurisdiction and their dependents, including the cost of quarters, subsistence, and other necessary incidental expenses. However, dependents may not be considered in determining the per diem allowance for a member in a travel status.'.

SEC. 632. INCENTIVE FOR SHIPPING AND STORING HOUSEHOLD GOODS IN LESS THAN AVERAGE WEIGHTS.

    Section 406(b)(1) of title 37, United States Code, is amended by adding at the end the following new subparagraph:

    `(G) The Secretary concerned may pay a member a share (determined by the Secretary) of the amount of the savings resulting to the United States for less than average shipping and storage of the member's baggage and household effects under subparagraph (A). Shipping and storage of a member's baggage and household effects for a member shall be considered as less than average if the total weights of the baggage and household effects shipped and stored are less than the average weights of the baggage and household effects that are shipped and stored, respectively, by members of the same grade and status with respect to dependents as the member in connection with changes of station that are comparable to the member's change of station. The amount of the savings shall be the amount equal to the excess of the cost of shipping and cost of storing such average weights of baggage and household effects, respectively, over the corresponding costs associated with the weights of the member's baggage and household effects. For the administration of this subparagraph, the Secretary of Defense shall annually determine the average weights of baggage and household effects shipped and stored.'.

SEC. 633. EXPANSION OF FUNDED STUDENT TRAVEL.

    Section 430 of title 37, United States Code, is amended--

      (1) in subsection (a)(3), by striking `for the purpose of obtaining a secondary or undergraduate college education' and inserting `for the purpose of obtaining a formal education';

      (2) in subsection (b), by striking `for the purpose of obtaining a secondary or undergraduate college education' and inserting `for the purpose of obtaining a formal education'; and

      (3) in subsection (f)--

        (A) by striking `In this section, the term' and insert the following:

    `In this section:

      `(1) The term'; and

        (B) by adding at the end the following:

      `(2) The term `formal education' means the following:

        `(A) A secondary education.

        `(B) An undergraduate college education.

        `(C) A graduate education pursued on a full-time basis at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).

        `(D) Vocational education pursued on a full-time basis at a post-secondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))).'.

SEC. 634. BENEFITS FOR MEMBERS NOT TRANSPORTING PERSONAL MOTOR VEHICLES OVERSEAS.

    (a) INCENTIVES- Section 2634 of title 10, United States Code, is amended--

      (1) by redesignating subsection (h) as subsection (i); and

      (2) by inserting after subsection (g) the following new subsection (h):

    `(h)(1) If a member of an armed force authorized the transportation of a motor vehicle under subsection (a) elects not to have the vehicle transported and not (if eligible) to have the vehicle stored under subsection (b), the Secretary concerned may pay the member a share (determined by the Secretary) of the amount of the savings resulting to the United States. The Secretary may make the payment in advance of the member's change of permanent station.

    `(2) The Secretary of Defense shall determine annually the rates of savings to the United States that are associated with elections of a member described in paragraph (1).'.

    (b) STORAGE AS ALTERNATIVE TO TRANSPORTATION FOR UNACCOMPANIED ASSIGNMENTS- Subsection (b) of such section--

      (1) by redesignating paragraph (3) as paragraph (4); and

      (2) by inserting after paragraph (2) the following new paragraph (3):

    `(3) If a member authorized the transportation of a motor vehicle under subsection (a) is not authorized under reassignment orders to be accompanied by dependents on a command-sponsored basis, the member may elect, in lieu of that transportation, to have the motor vehicle stored at a location approved by the Secretary concerned. If storage is elected, the Secretary shall pay the expenses associated with the storage of the vehicle, as authorized under paragraph (4), up to the amount equal to the cost that would have been incurred by the United States for transportation of the vehicle under subsection (a). The member shall be responsible for the payment of the costs of the storage in excess of that amount.'.

Subtitle D--Retirement Benefits

SEC. 641. EXCEPTION TO HIGH-36 MONTH RETIRED PAY COMPUTATION FOR MEMBERS RETIRED FOLLOWING A DISCIPLINARY REDUCTION IN GRADE.

    Section 1407 of title 10, United States Code, is amended--

      (1) in subsection (b), by striking `The retired pay base' and inserting `Except as provided in subsection (f), the retired pay base'; and

      (2) by adding at the end the following new subsection:

    `(f) EXCEPTION FOR ENLISTED MEMBERS REDUCED IN GRADE AND OFFICERS WHO DO NOT SERVE SATISFACTORILY IN HIGHEST GRADE HELD-

      `(1) COMPUTATION BASED ON PRE-HIGH-THREE RULES- In the case of a member or former member described in paragraph (2), the retired pay base or retainer pay base is determined under section 1406 of this title in the same manner as if the member or former member first became a member of a uniformed service before September 8, 1980.

      `(2) AFFECTED MEMBERS- A member or former member referred to in paragraph (1) is a member or former member who by reason of conduct occurring after the date of the enactment of this subsection--

        `(A) in the case of a member retired in an enlisted grade or transferred to the Fleet Reserve or Fleet Marine Corps Reserve, was at any time reduced in grade as the result of a court-martial sentence, nonjudicial punishment, or an administrative action, unless the member was subsequently promoted to a higher enlisted grade or appointed to a commissioned or warrant grade; and

        `(B) in the case of an officer, is retired in a grade lower than the highest grade in which served by reason of denial of a determination or certification under section 1370 of this title that the officer served on active duty satisfactorily in that grade.

      `(3) SPECIAL RULE FOR ENLISTED MEMBERS- In the case of a member who retires within three years after having been reduced in grade as described in paragraph (2)(A), who retires in an enlisted grade that is lower than the grade from which reduced, and who would be subject to paragraph (2)(A) but for a subsequent promotion to a higher enlisted grade or a subsequent appointment to a warrant or commissioned grade, the rates of basic pay used in the computation of the member's high-36 average for the period of the member's service in a grade higher than the grade in which retired shall be the rates of pay that would apply if the member had been serving for that period in the grade in which retired.'.

SEC. 642. AUTOMATIC PARTICIPATION IN RESERVE COMPONENT SURVIVOR BENEFIT PLAN UNLESS DECLINED WITH SPOUSE'S CONSENT.

    (a) INITIAL OPPORTUNITY TO DECLINE- Paragraph (2)(B) of section 1448(a) of title 10, United States Code, is amended to read as follows:

        `(B) RESERVE-COMPONENT ANNUITY PARTICIPANTS- A person who is--

          `(i) eligible to participate in the Plan under paragraph (1)(B); and

          `(ii) married or has a dependent child when he is notified under section 12731(d) of this title that he has completed the years of service required for eligibility for reserve-component retired pay, unless the person elects (with his spouse's concurrence, if required under paragraph (3)) not to participate in the Plan before the end of the 90-day period beginning on the date he receives such notification.

        A person who elects not to participate in the Plan as described in the foregoing sentence remains eligible, upon reaching 60 years of age and otherwise becoming entitled to retired pay, to participate in the Plan in accordance with eligibility under paragraph (1)(A).'.

    (b) SPOUSAL CONSENT REQUIREMENT- Paragraph (3)(B) of such section is amended--

      (1) by striking `who elects to provide' and inserting `who is eligible to provide';

      (2) by redesignating clauses (i) and (ii) as clauses (iii) and (iv), respectively; and

      (3) by inserting before clause (iii), as so redesignated, the following:

          `(i) not to participate in the Plan;

          `(ii) to defer the effective date of annuity payments to the 60th anniversary of the member's birth pursuant to subsection (e)(2);'.

    (c) IRREVOCABILITY OF ELECTION NOT TO PARTICIPATE MADE UPON RECEIPT OF 20-YEAR LETTER- Paragraph (4)(B) of such section is amended by striking `to participate in the Plan is irrevocable' and inserting `not to participate in the Plan is, subject to the sentence following clause (ii) of paragraph (2)(B), irrevocable'.

    (d) DESIGNATION OF COMMENCEMENT OF RESERVE-COMPONENT ANNUITY- (1) Section 1448(e) of title 10, United States Code, is amended by striking `a person electing to participate' and all that follows through `making such election' and inserting `a person is required to make a designation under this subsection, the person'.

    (2) Section 1450(j)(1) of such title is amended to read as follows:

      `(1) PERSON MAKING SECTION 1448(e) DESIGNATION- A reserve-component annuity shall be effective in accordance with the designation made under section 1448(e) of this title by the person providing the annuity.'.

    (e) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on October 1, 2000.

SEC. 643. PARTICIPATION IN THRIFT SAVINGS PLAN.

    (a) EFFECTIVE DATE OF PARTICIPATION AUTHORITY- Section 663 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 673; 5 U.S.C. 8440 note) is amended to read as follows:

`SEC. 663. EFFECTIVE DATE.

    `(a) IN GENERAL- The amendments made by this subtitle shall take effect 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2001.

    `(b) POSTPONEMENT AUTHORITY- (1) The Secretary of Defense may postpone the authority of members of the Ready Reserve to participate in the Thrift Savings Plan under section 211 of title 37, United States Code (as amended by this subtitle) up to 360 days after the date referred to in subsection (a) if the Secretary, after consultation with the Executive Director (appointed by the Federal Retirement Thrift Investment Board), determines that permitting such members to participate in the Thrift Savings Plan earlier would place an excessive burden on the administrative capacity of the Board to accommodate participants in the Thrift Savings Plan.

    `(2) The Secretary shall notify the congressional defense committees, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate of any determination made under paragraph (1).'.

    (b) REGULATIONS- Section 661(b) of such Act (113 Stat. 672; 5 U.S.C. 8440e) is amended by striking `the date on which' and all that follows through `later,' and inserting `the effective date of the amendments made by this subtitle (determined under section 663(a)),'.

SEC. 644. RETIREMENT FROM ACTIVE RESERVE SERVICE AFTER REGULAR RETIREMENT.

    (a) CONVERSION TO RESERVE RETIREMENT- (1) Chapter 1223 of title 10, United States Code, is amended by adding at the end the following:

`Sec. 12741. Retirement from active reserve service performed after regular retirement

    `(a) RESERVE RETIREMENT- Upon the election of a member or former member of a reserve component under subsection (b), the Secretary concerned shall--

      `(1) treat the person as being entitled to retired pay under this chapter;

      `(2) terminate the person's entitlement to retired pay that is payable out of the Department of Defense Military Retirement Fund under any other provision of law other than this chapter; and

      `(3) in the case of a reserve commissioned officer, transfer the officer to the Retired Reserve.

    `(b) ELIGIBILITY AND ELECTION- A person who, after being retired under chapter 65, 367, 571, or 867 of this title, serves in an active status in a reserve component of the armed forces may elect to receive retired pay under this chapter if--

      `(1) the person would, except for paragraph (4) of section 12731(a) of this title, otherwise be entitled to retired pay under this chapter; and

      `(2) during that reserve service, the person served satisfactorily as--

        `(A) a reserve commissioned officer; or

        `(B) a reserve noncommissioned officer.

    `(c) TIME AND FORM OF ELECTION- An election under subsection (b) shall be made within such time and in such form as the Secretary concerned requires.

    `(d) EFFECTIVE DATE OF ELECTION- An election made by a person under subsection (b) shall be effective--

      `(1) except as provided in paragraph (2)(B), as of the date on which the person attains 60 years of age, if the election is made in accordance with this section within 180 days after that date; or

      `(2) on the first day of the first month that begins after the date on which the election is made in accordance with this section, if--

        `(A) the election is made more than 180 days after the date on which the person attains 60 years of age; or

        `(B) the person retires from active reserve service within that 180-day period.'.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following:

      `12741. Retirement from active service performed after regular retirement.'.

    (b) EFFECTIVE DATE AND APPLICABILITY- (1) This section and the amendments made by this section shall take effect 180 days after the date of the enactment of this Act.

    (2) No benefits shall accrue under section 12741 of title 10, United States Code (as added by subsection (a)), for any period before the first day of the first month that begins on or after the effective date of this section.

SEC. 645. SAME TREATMENT FOR FEDERAL JUDGES AS FOR OTHER FEDERAL OFFICIALS REGARDING PAYMENT OF MILITARY RETIRED PAY.

    (a) REPEAL OF REQUIREMENT FOR SUSPENSION DURING REGULAR ACTIVE SERVICE- Section 371 of title 28, United States Code, is amended--

      (1) by striking subsection (e); and

      (2) by redesignating subsection (f) as subsection (e).

    (b) CONFORMING AMENDMENTS- Subsection (b) of such section is amended by striking `subsection (f)' each place it appears and inserting `subsection (e)'.

    (c) RETROACTIVE EFFECTIVE DATE- The amendments made by this section shall take effect as of October 1, 1999.

Subtitle E--Other Matters

SEC. 651. REIMBURSEMENT OF RECRUITING AND ROTC PERSONNEL FOR PARKING EXPENSES.

    (a) IN GENERAL- Chapter 53 of title 10, United States Code, is amended by inserting after section 1053 the following new section:

`Sec. 1053a. Reimbursement of recruiting and ROTC personnel: parking expenses

    `(a) AUTHORITY- The Secretary concerned may, under regulations prescribed by the Secretary of Defense, reimburse eligible Department of Defense personnel for expenses incurred for parking a privately owned vehicle at a place of duty.

    `(b) ELIGIBILITY- A member of the armed forces or employee of the Department of Defense is eligible for reimbursement under subsection (a) while--

      `(1) assigned to duty as a recruiter for any of the armed forces;

      `(2) assigned to duty at a military entrance processing facility of the armed forces; or

      `(3) detailed for instructional and administrative duties at any institution where a unit of the Senior Reserve Officers' Training Corps is maintained.'.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1053 the following:

      `1053a. Reimbursement of recruiting and ROTC personnel: parking expenses.'.

SEC. 652. EXTENSION OF DEADLINE FOR FILING CLAIMS ASSOCIATED WITH CAPTURE AND INTERNMENT OF CERTAIN PERSONS BY NORTH VIETNAM.

    Section 657(d)(1) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2585) is amended by adding at the end the following: `The Secretary may extend the time limitation under the preceding sentence for up to 18 months in the case of any claim for which the Secretary determines that the extension is necessary to prevent an injustice or that a failure to file within the time limitation is due to excusable neglect.'.

SEC. 653. SETTLEMENT OF CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED LEAVE AND FOR RETIRED PAY.

    (a) CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED LEAVE- Subsection (a)(1) of section 3702 of title 31, United States Code, is amended by inserting `payments for unused accrued leave,' after `transportation,'.

    (b) WAIVER OF TIME LIMITATIONS- Subsection (e)(1) of such section is amended by striking `claim for pay or allowances under title 37' and inserting `claim for pay, allowances, or payment for unused accrued leave under title 37 or a claim for retired pay under title 10'.

SEC. 654. ELIGIBILITY OF CERTAIN MEMBERS OF THE INDIVIDUAL READY RESERVE FOR SERVICEMEMBERS' GROUP LIFE INSURANCE.

    Section 1965(5) of title 38, United States Code, is amended--

      (1) by striking `and' at the end of subparagraph (B);

      (2) by redesignating subparagraph (C) as subparagraph (D); and

      (3) by inserting after subparagraph (B) the following new subparagraph (C):

        `(C) a person who volunteers for assignment to a category in the Individual Ready Reserve of a uniformed service that is subject to an involuntary call to active duty under section 12304 of title 10; and'.

SEC. 655. AUTHORITY TO PAY GRATUITY TO CERTAIN VETERANS OF BATAAN AND CORREGIDOR.

    (a) PAYMENT OF GRATUITY AUTHORIZED- The Secretary of Veterans Affairs may pay a gratuity to a covered veteran, or to the surviving spouse of a covered veteran, in the amount of $20,000.

    (b) COVERED VETERAN DEFINED- For purposes of subsection (a), the term `covered veteran' means any veteran of the Armed Forces who--

      (1) served at Bataan or Corregidor in the Philippines during World War II;

      (2) was captured and held as a prisoner of war by Japan as a result of such service; and

      (3) was required by Japan to perform slave labor in Japan during World War II.

    (c) RELATIONSHIP TO OTHER PAYMENTS- Any amount paid a person under this section for activity described in subsection (b) is in addition to any other amount paid such person for such activity under any other provision of law.

TITLE VII--HEALTH CARE

Subtitle A--Senior Health Care

SEC. 701. EXTENSION OF TRICARE SENIOR SUPPLEMENT DEMONSTRATION PROGRAM.

    Section 722(a)(2) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2065; 10 U.S.C. 1073 note) is amended by striking `December 31, 2002' and inserting `December 31, 2005'.

SEC. 702. TRICARE SENIOR PRIME DEMONSTRATION PROGRAM.

    (a) EXTENSION OF DEMONSTRATION PROGRAM- Paragraph (4) of section 1896(b) of the Social Security Act (42 U.S.C. 1395ggg(b)) is amended by striking `3-year period beginning on January 1, 1998' and inserting `period beginning on January 1, 1998, and ending on December 31, 2005'.

    (b) ADDITION OF MAJOR MEDICAL CENTERS- Paragraph (1)(A) of such section 1895(b) is amended by striking `in a military treatment facility' and inserting `in a Department of Defense medical center considered by the Secretary to be a major medical center, in any other military treatment facility,'.

    (c) DESIGNATION OF ADDITIONAL SITES- Paragraph (2) of such section 1896(b) is amended to read as follows:

      `(2) DESIGNATION OF SITES-

        `(A) IN GENERAL- The project established under this section shall be conducted at sites designated jointly by the administering Secretaries after review of all TRICARE regions.

        `(B) SPECIFIC SITES- The sites for the project shall include the 6 sites designated in accordance with subparagraph (A) before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2001 and the major medical centers designated after such date in accordance with that subparagraph.'.

SEC. 703. EXTENSION AND EXPANSION OF DEMONSTRATION PROJECT FOR PARTICIPATION OF UNIFORMED SERVICES PERSONNEL IN THE FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.

    (a) EXTENSION- (1) Subsection (d) of section 1108 of title 10, United States Code, is amended--

      (A) in paragraph (1), by striking `three contract years' and inserting `six contract years'; and

      (B) in paragraph (2), by striking `December 31, 2002' in the second sentence and inserting `December 31, 2005'.

    (2) Subsection (f)(1) of such section is amended to read as follows:

    `(1) Subject to paragraphs (2) and (3), the period of enrollment of an eligible beneficiary who--

      `(A) enrolls in the demonstration project during the open enrollment period for the year 2000 shall be three years unless the beneficiary disenrolls before the termination of the project; or

      `(B) enrolls, or extends a previous enrollment under subsection (d)(2), during the open enrollment period for a year after 2000 shall be equal to the remaining number of years of the demonstration project under this section unless the beneficiary disenrolls before the termination of the project.'.

    (b) ADDITIONAL AREAS OF COVERAGE- Subsection (c) of such section is amended--

      (1) by striking `(c) AREA OF DEMONSTRATION PROJECT- ' and inserting `(c) AREAS FOR DEMONSTRATION PROJECT- (1)';

      (2) by striking `, but not more than ten,'; and

      (3) by striking the third sentence and inserting the following:

    `(2) In establishing the areas for the demonstration project, the Secretary and Director shall include an area that includes the catchment area of one or more military medical treatment facilities, an area that is not located in the catchment area of a military medical treatment facility, an area in which there is a Medicare Subvention Demonstration project area under section 1896 of title XVIII of the Social Security Act (42 U.S.C. 1395ggg), and one area for each TRICARE region. Each area selected after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2001 shall be an area that is not located in the catchment area of a military medical treatment facility.'.

    (c) IMPLEMENTATION- The Secretary of Defense shall implement the amendments made by subsection (a) as soon as is practicable, but may waive the implementation with respect to 2001 if the Secretary determines that it is impracticable to implement the amendments with respect to that year.

SEC. 704. IMPLEMENTATION OF REDESIGNED PHARMACY SYSTEM.

    (a) ENROLLMENT FEE AND DEDUCTIBLES REQUIRED- Subsection (b) of 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 to read as follows:

    `(b) ENROLLMENT FEES, DEDUCTIBLES, AND OTHER CHARGES- (1) The Secretary may require each eligible individual described in subsection (e) who participates in the redesigned pharmacy system to pay an enrollment fee. The Secretary shall ensure that any such enrollment fee required after December 31, 2000, is lower than the enrollment fee charged under this subsection on such date.

    `(2) The Secretary may also impose one or more cost-sharing requirements for each individual referred to in paragraph (1) for benefits under the redesigned pharmacy system as follows:

      `(A) An annual deductible requirement for each such individual.

      `(B) Any premiums, copayments, or other charges that the Secretary would otherwise collect from individuals similar to such individual.'.

    (b) PERIODIC PAYMENT OF PREMIUMS- Subsection (b) of such section is further amended by adding at the end the following:

    `(2) An individual may elect to pay a premium charged under this subsection on a monthly or quarterly basis.'.

    (c) EFFECTIVE DATE- The amendments made by this section shall take effect on January 1, 2001, and shall apply with respect to participation in the redesigned pharmacy system under section 723 of Public Law 105-261 for months beginning on or after that date.

Subtitle B--TRICARE Program

SEC. 711. ADDITIONAL BENEFICIARIES UNDER TRICARE PRIME REMOTE PROGRAM IN CONUS.

    (a) COVERAGE OF OTHER UNIFORMED SERVICES- (1) Section 1074(c) of title 10, United States Code, is amended--

      (A) by striking `armed forces' each place it appears, except in paragraph (3)(A), and inserting `uniformed services';

      (B) in paragraph (1), by inserting after `military department' in the first sentence the following: `, the Department of Transportation (with respect to the Coast Guard when it is not operating as a service in the Navy), or the Department of Health and Human Services (with respect to the National Oceanic and Atmospheric Administration and the Public Health Service)';

      (C) in paragraph (2), by adding at the end the following:

      `(C) The Secretary of Defense shall consult with the other administering Secretaries in the administration of this paragraph.'; and

      (D) in paragraph (3)(A), by striking `The Secretary of Defense may not require a member of the armed forces described in subparagraph (B)' and inserting `A member of the uniformed services described in subparagraph (B) may not be required'.

    (2)(A) Subsections (b), (c), and (d)(3) of section 731 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1811; 10 U.S.C. 1074 note) are amended by striking `Armed Forces' and inserting `uniformed services'.

    (B) Subsection (b) of such section is further amended by adding at the end the following:

    `(4) The Secretary of Defense shall consult with the other administering Secretaries in the administration of this subsection.'.

    (C) Subsection (f) of such section is amended by adding at the end the following:

      `(3) The terms `uniformed services' and `administering Secretaries' have the meanings given those terms in section 1072 of title 10, United States Code.'.

    (3) Section 706(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 684) is amended by striking `Armed Forces' and inserting `uniformed services (as defined in section 1072(1) of title 10, United States Code)'.

    (b) COVERAGE OF IMMEDIATE FAMILY- (1) Section 1079 of title 10, United States Code, is amended by adding at the end the following:

    `(p)(1) Subject to such exceptions as the Secretary of Defense considers necessary, coverage for medical care under this section for the dependents referred to in subsection (a) of a member of the uniformed services referred to in section 1074(c)(3) of this title who are residing with the member, and standards with respect to timely access to such care, shall be comparable to coverage for medical care and standards for timely access to such care under the managed care option of the TRICARE program known as TRICARE Prime.

    `(2) The Secretary of Defense shall enter into arrangements with contractors under the TRICARE program or with other appropriate contractors for the timely and efficient processing of claims under this subsection.

    `(3) The Secretary of Defense shall consult with the other administering Secretaries in the administration of this subsection.'.

    (2) Section 731(b) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1811; 10 U.S.C. 1074 note) is amended--

      (A) in paragraph (1), by adding at the end the following: `A dependent of the member, as described in subparagraph (A), (D), or (I) of section 1072(2) of title 10, United States Code, who is residing with the member shall have the same entitlement to care and to waiver of charges as the member.'; and

      (B) in paragraph (2), by inserting `or dependent of the member, as the case may be,' after `(2) A member'.

    (c) EFFECTIVE DATE- (1) The amendments made by subsection (a)(2), with respect to members of the uniformed services, and the amendments made by subsection (b)(2), with respect to dependents of members, shall take effect on the date of the enactment of this Act and shall expire with respect to a member or the dependents of a member, respectively, on the later of the following:

      (A) The date that is one year after the date of the enactment of this Act.

      (B) The date on which the amendments subsection (a)(1) or (b)(1) apply with respect to the coverage of medical care for and provision of such care to the member or dependents, respectively.

    (2) Section 731(b)(3) of Public Law 105-85 does not apply to a member of the Coast Guard, the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service, or to a dependent of a member of a uniformed service.

SEC. 712. ELIMINATION OF COPAYMENTS FOR IMMEDIATE FAMILY.

    (a) NO COPAYMENT FOR IMMEDIATE FAMILY- Section 1097a of title 10, United States Code, is amended--

      (1) by redesignating subsection (e) as subsection (f); and

      (2) by inserting after subsection (d) the following new subsection (e):

    `(e) NO COPAYMENT FOR IMMEDIATE FAMILY- No copayment shall be charged a member for care provided under TRICARE Prime to a dependent of a member of the uniformed services described in subparagraph (A), (D), or (I) of section 1072 of this title.'.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect on October 1, 2000, and shall apply with respect to care provided on or after that date.

SEC. 713. IMPROVEMENT IN BUSINESS PRACTICES IN THE ADMINISTRATION OF THE TRICARE PROGRAM.

    (a) REQUIREMENT- Not later than October 1, 2001, the Secretary of Defense shall take actions that the Secretary considers appropriate to improve the business practices used in administering the access of eligible persons to health care services through the TRICARE program under chapter 55 of title 10, United States Code, including the practices relating to the following:

      (1) The availability and scheduling of appointments.

      (2) The filing, processing, and payment of claims.

      (3) Public relations efforts that are focused on outreach to eligible persons.

      (4) The continuation of enrollments without expiration.

      (5) The portability of enrollments nationwide.

    (b) CONSULTATION- The Secretary of Defense shall consult with the other administering Secretaries in the development of the actions to be taken under subsection (a).

    (c) REPORT- Not later than March 15, 2001, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the actions to be taken under subsection (a).

    (d) DEFINITIONS- In this section the terms `administering Secretaries' and `TRICARE program' shall have the meanings given such terms in section 1072 of title 10, United States Code.

Subtitle C--Joint Initiatives With Department of Veterans Affairs

SEC. 721. TRACKING PATIENT SAFETY IN MILITARY AND VETERANS HEALTH CARE SYSTEMS.

    (a) CENTRALIZED TRACKING PROCESS- The Secretary of Defense and the Secretary of Veterans Affairs shall jointly prescribe a centralized process for the reporting, compiling, and analysis of errors in the provision of health care under the Defense Health Program and the Department of Veterans Affairs health care system that endanger patients beyond the normal risks associated with the care and treatment of the patients.

    (b) SAFETY INDICATORS, ET CETERA- The process shall include such indicators, standards, and protocols as the Secretary of Defense and the Secretary of Veterans Affairs consider necessary for the establishment and administration of an effective process.

SEC. 722. PHARMACEUTICAL IDENTIFICATION TECHNOLOGY.

    (a) BAR CODE IDENTIFICATION TECHNOLOGY- The Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop a system for the use of bar codes for the identification of pharmaceuticals.

    (b) USE IN MAIL ORDER PHARMACEUTICALS PROGRAM- The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall experiment with the use of bar code identification of pharmaceuticals in the administration of the mail order pharmaceuticals program carried out under section 1110(a) of title 10, United States Code (as added by section 731).

SEC. 723. MEDICAL INFORMATICS.

    (a) ADDITION MATTERS FOR ANNUAL REPORT ON MEDICAL INFORMATICS ADVISORY COMMITTEE- Section 723(d)(5) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 697; 10 U.S.C. 1071 note) is amended to read as follows:

    `(5) The Secretary of Defense shall submit to Congress an annual report on medical informatics. The report shall include a discussion of the following matters:

      `(A) The activities of the Committee.

      `(B) The coordination of development, deployment, and maintenance of health care informatics systems within the Federal Government, and between the Federal Government and the private sector.

      `(C) The progress or growth occurring in medical informatics.

      `(D) How the TRICARE program and the Department of Veterans Affairs health care system can use the advancement of knowledge in medical informatics to raise the standards of health care and treatment and the expectations for improving health care and treatment.'.

    (b) FISCAL YEAR 2001 FUNDING FOR PHARMACEUTICALS-RELATED MEDICAL INFORMATICS- Of the amount authorized to be appropriated under section 301(22)--

      (1) $64,000,000 is available for the commencement of the implementation of a new computerized medical record, including an automated entry order system for pharmaceuticals, that makes all relevant clinical information on a patient under the Defense Health Program available when and where it is needed; and

      (2) $9,000,000 is available for the implementation of an integrated pharmacy system under the Defense Health Program that creates a single profile for all of the prescription medications a patient takes, regardless of whether the prescriptions for those medications were filled at military or private pharmacies serving Department of Defense beneficiaries worldwide.

Subtitle D--Other Matters

SEC. 731. PERMANENT AUTHORITY FOR CERTAIN PHARMACEUTICAL BENEFITS.

    (a) AUTHORITY- (1) Chapter 55 of title 10, United States Code, is amended by adding at the end the following:

`Sec. 1110. Pharmaceutical benefits

    `(a) PHARMACEUTICALS BY MAIL- The Secretary of Defense shall carry out a program to provide eligible persons with prescription pharmaceuticals by mail.

    `(b) RETAIL PHARMACY NETWORK- To the maximum extent practicable, the Secretary of Defense shall include in each managed health care program under this chapter, a program to supply prescription pharmaceuticals to eligible persons through a managed care network of community retail pharmacies in the area covered by the managed health care program.

    `(c) ELIGIBLE PERSONS- A person is eligible to obtain pharmaceuticals under the program of pharmaceuticals by mail under subsection (a) or through a retail pharmacy network included in a managed health care program under subsection (b) as follows:

      `(1) A person who is eligible for medical care under a contract for medical care entered into by the Secretary of Defense under section 1079 or 1086 of this title.

      `(2) A person who would be eligible for medical care under a contract for medical care entered into under section 1086 of this title except for the operation of subsection (d)(1) of such section.

    `(d) PHARMACEUTICALS OFFERED- The Secretary of Defense shall determine the pharmaceuticals that may be obtained by eligible persons under subsection (a) or (b).

    `(e) FEES- The Secretary of Defense shall prescribe an appropriate fee, charge, or copayment to be paid by persons for pharmaceuticals obtained under subsection (a) or (b).

    `(f) CONSULTATION REQUIREMENT- The Secretary of Defense shall consult with the other administering Secretaries in the administration of this section.'.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following:

      `1110. Pharmaceutical benefits.'.

    (b) REPEAL OF SUPERSEDED AUTHORITY- Section 702 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2431; 10 U.S.C. 1079 note) is repealed.

    (c) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on January 1, 2001.

SEC. 732. PROVISION OF DOMICILIARY AND CUSTODIAL CARE FOR CHAMPUS BENEFICIARIES.

    (a) CONTINUATION OF CARE FOR CERTAIN CHAMPUS BENEFICIARIES- Section 703(a)(1) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 682; 10 U.S.C. 1077 note) is amended by inserting before the period at the end the following: `or by the prohibition in section 1086(d)(1) of such title'.

    (b) COST LIMITATION FOR INDIVIDUAL CASE MANAGEMENT PROGRAM- (1) Section 1079(a)(17) of title 10, United States Code, is amended--

      (A) by inserting `(A)' after `(17)'; and

      (B) by adding at the end the following:

      `(B) The total amount expended under subparagraph (A) for a fiscal year may not exceed $100,000,000.'.

    (2) Section 703 of the National Defense Authorization Act for Fiscal Year 2000 is amended by adding at the end the following:

    `(e) COST LIMITATION- The total amount paid for services for eligible beneficiaries under subsection (a) for a fiscal year (together with the costs of administering the authority under that subsection) shall be included in the expenditures limited by section 1079(a)(17)(B) of title 10, United States Code.'.

    (c) APPLICABILITY OF COST LIMITATION- The amendments made by subsection (b) shall apply to fiscal years after fiscal year 1999.

SEC. 733. MEDICAL AND DENTAL CARE FOR MEDAL OF HONOR RECIPIENTS AND THEIR DEPENDENTS.

    (a) MEDAL RECIPIENTS- Section 1074 of title 10, United States Code, is amended by adding at the end the following:

    `(d)(1) A medal of honor recipient is entitled to medical and dental care under this chapter to the same extent as a person referred to in subsection (b).

    `(2) In this subsection, the term `medal of honor recipient' means a person awarded a medal of honor under section 3741, 6241, or 8741 of this title, or section 491 of title 14.'.

    (b) DEPENDENTS- Section 1076 of such title is amended by adding at the end the following:

    `(f)(1) The immediate dependents of a medal of honor recipient are entitled to medical and dental care under this chapter to the same extent as a person referred to in subsection (b).

    `(2) In this subsection:

      `(A) The term `medal of honor recipient' has the meaning given the term in section 1074(d)(2) of this title.

      `(B) The term `immediate dependent' means a dependent described in subparagraphs (A), (B), (C), and (D) of section 1072(2) of this title.'.

SEC. 734. SCHOOL-REQUIRED PHYSICAL EXAMINATIONS FOR CERTAIN MINOR DEPENDENTS.

    Section 1076 of title 10, United States Code, as amended by section 733(b), is further amended by adding at the end the following:

    `(g)(1) The administering Secretaries shall furnish an eligible dependent a physical examination that is required by a school in connection with the enrollment of the dependent as a student in that school.

    `(2) A dependent is eligible for a physical examination under paragraph (1) if the dependent--

      `(A) is entitled to receive medical care under subsection (a) or is authorized to receive medical care under subsection (b); and

      `(B) is at least 5 years of age and less than 12 years of age.

    `(3) Nothing in paragraph (2) may be construed to prohibit the furnishing of a school-required physical examination to any dependent who, except for not satisfying the age requirement under that paragraph, would otherwise be eligible for a physical examination required to be furnished under this subsection.'.

SEC. 735. TWO-YEAR EXTENSION OF DENTAL AND MEDICAL BENEFITS FOR SURVIVING DEPENDENTS OF CERTAIN DECEASED MEMBERS.

    (a) DENTAL BENEFITS- Section 1076a(k)(2) of title 10, United States Code, is amended by striking `one-year period' and inserting `three-year period'.

    (b) MEDICAL BENEFITS- Section 1079(g) of title 10, United States Code, is amended by striking `one-year period' in the second sentence and inserting `three-year period'.

SEC. 736. EXTENSION OF AUTHORITY FOR CONTRACTS FOR MEDICAL SERVICES AT LOCATIONS OUTSIDE MEDICAL TREATMENT FACILITIES.

    Section 1091(a)(2) of title 10, United States Code, is amended by striking `December 31, 2000' and inserting `September 30, 2002'.

SEC. 737. TRANSITION OF CHIROPRACTIC HEALTH CARE DEMONSTRATION PROGRAM TO PERMANENT STATUS.

    (a) TRICARE PRIME BENEFITS- The Secretary of Defense shall complete the development and implementation of a program to provide chiropractic health care services and benefits for all TRICARE Prime enrollees as a permanent part of the military health care system for the enrollees in that plan, as follows:

      (1) At the military medical treatment facilities designated pursuant to section 731(a)(2)(A) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 1092 note), not later than 180 days after the date of the enactment of this Act.

      (2) At the other military medical treatment facilities considered by the Secretary of Defense to be major military medical treatment facilities, not later than October 1, 2001.

    (b) PRIMARY CARE MANAGEMENT- The Secretary shall ensure that the primary care manager model, which requires referral by a primary care manager, is used for providing the chiropractic health care services and benefits under the program referred to in subsection (a).

    (c) CONTINUATION OF EXISTING CHIROPRACTIC BENEFITS- Section 731(a)(4) of the National Defense Authorization Act for Fiscal Year 1995 is amended--

      (1) by striking `During fiscal year 2000, the' and inserting `The'; and

      (2) by adding at the end the following: `The requirement under the preceding sentence shall cease to apply with respect to a military medical treatment facility on the date on which the Secretary of Defense completes the implementation of a program to provide chiropractic health care services and benefits at that facility for all TRICARE Prime enrollees as a permanent part of the military health care system for the enrollees in that plan.'.

SEC. 738. USE OF INFORMATION TECHNOLOGY FOR ENHANCEMENT OF DELIVERY OF ADMINISTRATIVE SERVICES UNDER THE DEFENSE HEALTH PROGRAM.

    (a) REQUIREMENT- The Secretary of Defense shall take the actions that the Secretary determines necessary to use, in at least one TRICARE program region, commercially available information technology systems and products to simplify the critical administrative processes of the defense health program (including TRICARE), to enhance the efficiency of the performance of administrative services under the program, to match commercially recognized standards of performance of the services, and otherwise to improve the performance of the services.

    (b) IMPLEMENTATION- In carrying out subsection (a), the Secretary shall ensure that--

      (1) the use of Internet technology is incorporated into the processes referred to in that subsection; and

      (2) conversions to new or different computer technologies incorporate data requirements that are widely used in the marketplace (including those used by medicare or commercial insurers) for the performance of administrative services.

    (c) ADMINISTRATIVE SERVICES DEFINED- In this section, the term `administrative services' includes the performance of the following functions:

      (1) Marketing.

      (2) Enrollment.

      (3) Program education of beneficiaries.

      (4) Program education of health care providers.

      (5) Scheduling of appointments.

      (6) Processing of claims.

SEC. 739. PATIENT CARE REPORTING AND MANAGEMENT SYSTEM.

    (a) ESTABLISHMENT- The Secretary of Defense shall establish a patient care error reporting and management system.

    (b) PURPOSES OF SYSTEM- The purposes of the system are as follows:

      (1) To study the occurrences of errors in the patient care provided under chapter 55 of title 10, United States Code.

      (2) To identify the systemic factors that are associated with such occurrences.

      (3) To provide for action to be taken to correct the identified systemic factors.

    (c) REQUIREMENTS FOR SYSTEM- The patient care error reporting and management system shall include the following:

      (1) A hospital-level patient safety center, within the quality assurance department of each health care organization of the Department of Defense, to collect, assess, and report on the nature and frequency of errors related to patient care.

      (2) For each health care organization of the Department of Defense and for the entire Defense health program, the patient safety baselines that are necessary for the development of a full understanding of patient safety issues in each such organization and the entire program, including the nature and types of errors and the systemic causes of the errors.

      (3) A Department of Defense Patient Safety Center within the Armed Forces Institute of Pathology to have the following missions:

        (A) To analyze information on patient care errors that is submitted to the Center by each military health care organization.

        (B) To develop action plans for addressing patterns of patient care errors.

        (C) To execute those action plans to mitigate and control errors in patient care with a goal of ensuring that the health care organizations of the Department of Defense provide highly reliable patient care with virtually no error.

        (D) To provide, through the Assistant Secretary of Defense for Health Affairs, to the Agency for Healthcare Research and Quality of the Department of Health and Human Services any reports that the Assistant Secretary determines appropriate.

        (E) To review and integrate processes for reducing errors associated with patient care and for enhancing patient safety.

        (F) To contract with a qualified and objective external organization to manage the national patient safety database of the Department of Defense.

    (d) MEDTEAMS PROGRAM- The Secretary shall expand the health care team coordination program to integrate that program into all Department of Defense health care operations. In carrying out this subsection, the Secretary shall take the following actions:

      (1) Establish not less than two Centers of Excellence for the development, validation, proliferation, and sustainment of the health care team coordination program, one of which shall support all fixed military health care organizations, the other of which shall support all combat casualty care organizations.

      (2) Deploy the program to all fixed and combat casualty care organizations of each of the Armed Forces, at the rate of not less than 10 organizations in each fiscal year.

      (3) Expand the scope of the health care team coordination program from a focus on emergency department care to a coverage that includes care in all major medical specialties, at the rate of not less than one specialty in each fiscal year.

      (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. 740. 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 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 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.

SEC. 741. STUDIES OF ACCRUAL FINANCING FOR HEALTH CARE FOR MILITARY RETIREES.

    (a) STUDIES REQUIRED- The Secretary of Defense shall carry out two studies to assess the feasibility and desirability of financing the military health care program for retirees of the uniformed services on an accrual basis.

    (b) SOURCES OF STUDIES- The Secretary shall provide for--

      (1) one of the studies under subsection (a) to be conducted by one or more Department of Defense organizations designated by the Secretary; and

      (2) the other study to be conducted by an organization that is independent of the Department of Defense and has expertise in financial programs and health care.

    (c) REPORTS- (1) The Secretary shall provide for the submission of a final report on each study to the Secretary within such time as the Secretary determines necessary to satisfy the requirement in paragraph (2).

    (2) The Secretary shall transmit the final reports on the studies to Congress not later than February 8, 2001. The Secretary may include in the transmittal any comments on the reports or on the matters studied that the Secretary considers appropriate.

SEC. 742. AUGMENTATION OF ARMY MEDICAL DEPARTMENT BY RESERVE OFFICERS OF THE PUBLIC HEALTH SERVICE.

    (a) AUTHORITY- The Secretary of the Army and the Secretary of Health and Human Services may jointly conduct a program to augment the Army Medical Department by exercising any authorities provided to those officials in law for the detailing of reserve commissioned officers of the Public Health Service not in an active status to the Army Medical Department for that purpose.

    (b) AGREEMENT- The Secretary of the Army and the Secretary of Health and Human Services shall enter into an agreement governing any program conducted under subsection (a).

    (c) ASSESSMENT- (1) The Secretary of the Army shall review the laws providing the authorities described in subsection (a) and assess the adequacy of those laws for authorizing--

      (A) the Secretary of Health and Human Services to detail reserve commissioned officers of the Public Health Service not in an active status to the Army Medical Department to augment that department; and

      (B) the Secretary of the Army to accept the detail of such officers for that purpose.

    (2) The Secretary shall complete the review and assessment under paragraph (1) not later than 90 days after the date of the enactment of this Act.

    (d) REPORT TO CONGRESS- Not later than March 1, 2001, the Secretary of the Army shall submit a report on the results of the review and assessment under subsection (c) to the Committees on Armed Services of the Senate and the House of Representatives. The report shall include the following:

      (1) The findings resulting from the review and assessment.

      (2) Any proposal for legislation that the Secretary recommends to strengthen the authority of the Secretary of Health and Human Services and the authority of the Secretary of the Army to take the actions described in subparagraphs (A) and (B), respectively, of subsection (c)(1).

    (e) CONSULTATION REQUIREMENT- The Secretary of the Army shall consult with the Secretary of Health and Human Services in carrying out the review and assessment under subsection (c) and in preparing the report (including making recommendations) under subsection (d).

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

SEC. 801. IMPROVEMENTS IN PROCUREMENTS OF SERVICES.

    (a) PREFERENCE FOR PERFORMANCE-BASED SERVICE CONTRACTING- The Secretary of Defense shall ensure that, not later than 180 days after the date of the enactment of this Act, the Department of Defense Supplement to the Federal Acquisition Regulation is revised to establish a preference for use of contracts and task orders for the purchase of services in the following order of precedence:

      (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 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 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:

      (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. 802. ADDITION OF THRESHOLD VALUE REQUIREMENT FOR APPLICABILITY OF A REPORTING REQUIREMENT RELATING TO MULTIYEAR CONTRACT.

    Section 2036b(l)(4) of title 10, United States Code, is amended by striking `until the Secretary of Defense submits to the congressional defense committees a report with respect to that contract (or contract extension)' in the matter preceding subparagraph (A) and inserting `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 has submitted to the congressional defense committees a report'.

SEC. 803. PLANNING FOR THE ACQUISITION OF INFORMATION SYSTEMS.

    (a) RESPONSIBILITY OF CHIEF INFORMATION OFFICERS- Section 2223 of title 10, United States Code, is amended--

      (1) in subsection (a)--

        (A) by striking `and' at the end of paragraph (3);

        (B) by striking the period at the end of paragraph (4) and inserting `; and'; and

        (C) 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 these systems and other information systems, and develop and maintain contingency plans for responding to a disruption in the operation of any of these information systems.'; and

      (2) in subsection (b)--

        (A) by striking `and' at the end of paragraph (3);

        (B) by striking the period at the end of paragraph (4) and inserting `; and'; and

        (C) by adding at the end the following:

      `(5) maintain an inventory of the mission critical and mission essential information systems of the military department, identify interfaces between these systems and other information systems, and develop and maintain contingency plans for responding to a disruption in the operation of any of these information systems.'.

    (b) REVISED REGULATIONS REQUIRED- Not later than 60 days after the date of 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.

    (c) MISSION CRITICAL AND MISSION ESSENTIAL INFORMATION TECHNOLOGY SYSTEMS- The revised directive required by subsection (b) shall--

      (1) include definitions of the terms `mission critical information system' and `mission essential information system'; and

      (2) prohibit the award of any contract for the acquisition of a mission critical or mission essential information technology system until--

        (A) the system has been registered with the Chief Information Officer of the Department of Defense;

        (B) the Chief Information Officer has received all information on the system that is required under the directive to be provided to that official; and

        (C) the Chief Information Officer has determined that an appropriate information assurance strategy is in place for the system.

    (d) MAJOR AUTOMATED INFORMATION SYSTEMS- The revised directive required by subsection (b) shall prohibit Milestone I approval, Milestone II approval, or Milestone III approval 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 (c)(2).

    (e) REPORTS- (1) The Secretary of Defense shall submit to the congressional defense committees, not later than February 1 of each of fiscal years 2001, 2002, and 2003, a report on the implementation of the requirements of this section during the preceding fiscal year.

    (2) The report for a fiscal year under paragraph (1) shall include, at a minimum, for each major automated information system that was approved during such preceding fiscal year under Department of Defense Directive 5000.1 (as revised pursuant to subsection (d)), 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 report for fiscal year 2000 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 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. 804. TRACKING OF INFORMATION TECHNOLOGY PURCHASES.

    (a) REQUIREMENT FOR TRACKING SYSTEM- (1) Chapter 131 of title 10, United States Code, is amended by adding at the end the following:

`2225. Information technology purchases: automated tracking and management systems

    `(a) REQUIREMENT FOR SYSTEMS- (1) The Secretary of each military department shall administer an automated system for tracking and managing purchases of information technology products and services by the department.

    `(2) The Secretary of Defense shall administer an automated system for tracking and managing purchases of information technology products and services by the Defense Agencies.

    `(b) PURCHASE TO WHICH APPLICABLE- Each system under subsection (a) shall, at a minimum, provide for collection of data on all purchases of information technology products and services in excess of the simplified acquisition threshold, regardless of whether such purchases are made in the form of a contract, grant, cooperative agreement, other transaction, task order, delivery order, or military interdepartmental purchase request, or in any other form.

    `(c) DATA TO BE INCLUDED- The information collected under each such system shall include, for each purchase, the following:

      `(1) The products or services purchased.

      `(2) The categorization of the products or services as commercial off-the-shelf products, other commercial items, nondevelopmental items other than commercial items, other noncommercial items, or services.

      `(3) The total dollar amount of the purchase.

      `(4) The contract form used to make the purchase.

      `(5) In the case of a purchase made through another agency--

        `(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 by fixed price or by another specified type of pricing).

      `(7) The extent of competition provided for 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 provided under sections 5112, 5113, 5122, and 5123 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1412, 1413, 1242, 1423).

      `(10) In the case of frequently-purchased commercial off-the-shelf items, data that informs managers of the unit prices paid for the items and enables the managers to ensure that such prices are fair and reasonable.

    `(d) LIMITATION ON PURCHASES- No purchase of information technology products or services in excess of the simplified acquisition threshold shall be made for the Department of Defense through a Federal Government agency that is outside the Department of Defense unless--

      `(1) data on the purchase is included in a tracking system that meets the requirements of subsections (a), (b), and (c); or

      `(2) the purchase--

        `(A) in the case of a purchase by a Defense Agency, is approved by the Under Secretary of Defense for Acquisition, Technology, and Logistics; or

        `(B) in the case of a purchase by a military department, is approved by the senior procurement executive of the military department.

    `(e) ANNUAL REPORT- Not later than February 15 of each fiscal year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the purchases of information technology products and services that were made by the military departments and Defense Agencies during the preceding fiscal year. The report shall set forth an aggregation of the information collected in accordance with subsection (c).

    `(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 (31 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: automated tracking and management systems.'.

    (b) TIME FOR IMPLEMENTATION- (1) Each official required under section 2225 of title 10, United States Code (as added by subsection (a)), to administer an automated system for tracking and managing purchases of information technology products and services shall develop and commence the use of the system not later than one year after the date of the enactment of this Act.

    (2) Subsection (d) of section 2225 of title 10, United States Code (as so added), shall apply to purchases described in that subsection for which solicitations of offers are issued more than 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 systems developed pursuant to section 2225 of title 10, United States Code (as added by subsection (a)). The report shall include the Comptroller General's assessment of the extent to which the systems meet the requirements of that section.

SEC. 805. REPEAL OF REQUIREMENT FOR CONTRACTOR ASSURANCES REGARDING THE COMPLETENESS, ACCURACY, AND CONTRACTUAL SUFFICIENCY OF TECHNICAL DATA PROVIDED BY THE CONTRACTOR.

    Section 2320(b) of title 10, United States Code, is amended--

      (1) by striking paragraph (7); and

      (2) by redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively.

SEC. 806. EXTENSION OF AUTHORITY FOR DEPARTMENT OF DEFENSE ACQUISITION PILOT PROGRAMS.

    Section 5064(d)(2) of the Federal Acquisition Streamlining Act of 1994 (Public Law 103-355; 108 Stat. 3361; 10 U.S.C. 2430 note) is amended by striking `45 days after the date of the enactment of this Act and ends on September 30, 1998' and inserting `on October 13, 1994, and ends on October 1, 2007'.

SEC. 807. 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 (10 U.S.C. 2371 note) is amended by--

      (1) redesignating subsection (d) as subsection (g); and

      (2) inserting after subsection (c) the following:

    `(d) APPROPRIATE USE OF AUTHORITY- (1) The Secretary of Defense shall ensure that no official of an agency enters into an agreement for a prototype project under the authority of this section unless--

      `(A) at least 20 percent of the total cost of the prototype project is to be paid out of funds provided by parties to the agreement other than the Federal Government (not including funds provided by such parties in the form of independent research and development costs and other costs that are reimbursed as indirect costs under Federal Government contracts);

      `(B) at least 40 percent of the total cost of the prototype project is to be paid out of funds provided by parties to the agreement other than the Federal Government (including funds provided by such parties in the form of independent research and development costs and other costs that are reimbursed as indirect costs under Federal Government contracts);

      `(C) there is at least one nontraditional defense contractor participating to a significant extent in the prototype project; or

      `(D) 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 extraordinary circumstances justify the use of the authority of section 2371 of title 10, United States Code, in accordance with the requirements of this section, to enter into the particular agreement.

    `(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 other than the Federal Government under an agreement for a prototype project that is entered into under this section do not include costs that were incurred before the date on which the agreement becomes effective.

    `(B) Costs that were incurred for a prototype project by a party after the beginning of negotiations resulting in an agreement for the project under this section may be counted for the purposes of this subsection as being provided or to be provided by the party under the agreement if and to the extent that the contracting officer or another official responsible for entering into the agreement determines in writing that--

      `(i) the party incurred the costs in anticipation of entering into the agreement; and

      `(ii) it was appropriate for the party to incur the costs before the agreement became effective in order to ensure the successful implementation of the agreement.

    `(e) PILOT PROGRAM FOR TRANSITION TO FOLLOW-ON CONTRACTS- (1) The Secretary of Defense is authorized to carry out a pilot program for follow-on contracting for the production of items or processes that are developed by nontraditional defense contractors under prototype projects carried out under this section.

    `(2) Under the pilot program--

      `(A) a qualifying contract for the procurement of such an item or process, or a qualifying subcontract under a contract for the procurement of such an item or process, may be treated as a contract or subcontract, respectively, for the procurement of commercial items, as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)); and

      `(B) the item or process may be treated as an item or process, respectively, that is developed in part with Federal funds and in part at private expense for the purposes of section 2320 of title 10, United States Code.

    `(3) For the purposes of the pilot program, a qualifying contract or subcontract is a contract or subcontract, respectively, with a nontraditional defense contractor that--

      `(A) does not exceed $20,000,000; and

      `(B) is either--

        `(i) a firm, fixed-price contract or subcontract; or

        `(ii) a fixed-price contract or subcontract with economic price adjustment.

    `(4) The authority to conduct a pilot program under this subsection shall terminate on September 30, 2004. The termination of the authority shall not affect the validity of contracts or subcontracts that are awarded or modified during the period of the pilot program, without regard to whether the contracts or subcontracts are performed during the period.

    `(f) NONTRADITIONAL DEFENSE CONTRACTOR DEFINED- In this section, the term `nontraditional defense contractor' means an entity that has not, for a period of at least three years, entered into--

      `(1) any contract that is subject to the cost accounting standards prescribed pursuant to section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422); or

      `(2) any other contract or agreement to carry out prototype projects or to perform basic, applied, or advanced research projects for a Federal Government agency, other than an agreement entered into under the authority of this section or section 2371 of title 10, United States Code.'.

    (b) EXTENSION OF AUTHORITY- Subsection (g) of such section, as redesignated by subsection (a)(1), is amended by striking `September 30, 2001' and inserting `September 30, 2004'.

    (c) MORATORIUM- Beginning on the date that is 120 days after the date of the enactment of this Act, no transaction may be entered into under the authority of section 845 of the National Defense Authorization Act for Fiscal Year 1994 or section 2371 of title 10, United States Code, until the final regulations implementing such section 2371 (required by subsection (g) of such section) are published in the Federal Register.

SEC. 808. CLARIFICATION OF AUTHORITY OF COMPTROLLER GENERAL TO REVIEW RECORDS OF PARTICIPANTS IN CERTAIN PROTOTYPE PROJECTS.

    (a) COMPTROLLER GENERAL REVIEW- Section 845(c) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended--

      (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

      (2) by inserting after paragraph (2) the following new paragraph (3):

    `(3)(A) The right provided to the Comptroller General in a clause of an agreement under paragraph (1) is limited as provided in subparagraph (B) in the case of a party to the agreement, an entity that participates in the performance of the agreement, or a subordinate element of that party or entity if the only agreements or other transactions that the party, entity, or subordinate element entered into with Government entities in the year prior to the date of that agreement are cooperative agreements or transactions that were entered into under this section or section 2371 of title 10, United States Code.

    `(B) The only records of a party, other entity, or subordinate element referred to in subparagraph (A) that the Comptroller General may examine in the exercise of the right referred to in that subparagraph are records of the same type as the records that the Government has had the right to examine under the audit access clauses of the previous agreements or transactions referred to in such subparagraph that were entered into by that particular party, entity, or subordinate element.'.

SEC. 809. 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. 810. NAVY-MARINE CORPS INTRANET ACQUISITION.

    (a) LIMITATION- The performance of a contract for the acquisition of a Navy-Marine Corps Intranet may not begin until the Secretary of the Navy submits a report on that contract to Congress. A report under this section shall contain the following information:

      (1) An estimate of the amount to be expended on the contract by each of the Navy and Marine Corps for each fiscal year.

      (2) The accounts from which the performance of the contract will be funded through the end of fiscal year 2001.

      (3) A plan for an incrementally phased implementation of the Navy-Marine Corps Intranet into the operations of the shore-based activities of the Navy and Marine Corps.

      (4) The same information with regard to the Navy-Marine Corps Intranet as is required to be included in the report on major automated information systems under paragraphs (2) and (3) of section 803(e).

      (5) With regard to each major command included in the first year of the implementation of the contract--

        (A) an estimate of the number of civilian personnel currently performing functions that are potentially included in the scope of the contract;

        (B) the extent to which the contractor may continue to rely upon that workforce to perform functions after the award of the contract; and

        (C) the plans of the Department of the Navy for reassignment, reorganization, or other disposition of any portion of the workforce that does not continue to perform current functions.

    (b) PROHIBITIONS- (1) The increment of the Navy-Marine Corps Intranet that is implemented during the first year of implementation may not include any activities of the Marine Corps, the naval shipyards, or the naval aviation depots.

    (2) Funds available for fiscal year 2001 for activities referred to in paragraph (1) may not be expended for any contract for the Navy-Marine Corps Intranet.

    (c) 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, 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.

    (d) COMPTROLLER GENERAL REVIEW- (1) At the same time that the Secretary of the Navy submits a report on the Navy-Marine Corps Intranet to Congress under subsection (a), the Secretary shall transmit a copy of the report to the Comptroller General.

    (2) Not later than 60 days after receiving a report on the Navy-Marine Corps Intranet under paragraph (1), the Comptroller General shall review the report and submit to Congress any comments that the Comptroller General considers appropriate regarding the report and the Navy-Marine Corps Intranet.

SEC. 811. 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--

      (1) in subsection (a), by striking `a person must' in the matter preceding paragraph (1) and inserting `an employee or member of the armed forces must'; and

      (2) in subsection (d)--

        (A) by striking `employee of' and inserting `person in'; and

        (B) by striking `employee possesses' and inserting `person 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 when 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 made on or after that date.

SEC. 812. DEFENSE ACQUISITION AND SUPPORT WORKFORCE.

    (a) REQUIREMENT FOR REPORT- Not later than March 15, 2001, the Secretary of Defense shall submit to Congress a report on the sufficiency of the acquisition and support workforce of the Department of Defense. The report shall include a plan to ensure that the defense acquisition and support workforce is of sufficient size and has the expertise necessary to ensure the cost-effective management of the defense acquisition system to obtain needed products and services at the best value.

    (b) CONTENT OF REPORT- (1) The Secretary's report on the defense acquisition and support workforce under subsection (a) shall include, at a minimum, the following:

      (A) A comprehensive reassessment of any programmed reductions in the workforce and the impact that such reductions are likely to have on the ability of the workforce to meet the anticipated workload and responsibilities of the acquisition workforce.

      (B) An assessment of the changing demographics of the workforce, including the impact of anticipated retirements among the most experienced acquisition personnel over the next five years, and management steps that may be needed to address these changes.

      (C) A plan to address problems arising from previous reductions in the workforce, including--

        (i) increased backlogs in closing out completed contracts;

        (ii) increased program costs resulting from contracting for technical support rather than using Federal employees to provide the technical support;

        (iii) insufficient staff to negotiate fair and reasonable pricing, to review and respond to contractor actions, to perform oversight and inspections, and otherwise to manage contract requirements;

        (iv) failures to comply with competition requirements, to perform independent cost estimates, to complete technical reviews, to meet contractor surveillance requirements, and to perform necessary cost control functions; and

        (v) lost opportunities to negotiate strategic supplier alliances, to improve parts control and management, to conduct modeling and simulation projects, and to develop other cost savings initiatives.

      (D) The actions that are being taken or could be taken within the Department of Defense to enhance the tenure and reduce the turnover of program executive officers, program managers, and contracting officers.

      (E) An evaluation of the acquisition workforce demonstration project conducted under section 4308 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 1701 note) together with any recommendations for improving personnel management laws, policies, or procedures with respect to the defense acquisition and support workforce.

    (2) The plan contained in the report shall include specific milestones for workforce size, composition, and qualifications (including plans for needed recruiting, retention, and training) to address any problems identified in the report and to ensure the achievement of the objectives of the plan that are set forth in subsection (a).

    (c) EXTENSION OF DEMONSTRATION PROJECT- Section 4308(b)(3)(B) of the National Defense Authorization Act for Fiscal Year 1996 (10 U.S.C. 1701 note) is amended by striking `3-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998' and inserting `period beginning on November 18, 1997, and ending on November 17, 2003'.

    (d) MORATORIUM ON REDUCTION OF DEFENSE ACQUISITION WORKFORCE- (1) Notwithstanding any other provision of law, the defense acquisition and support workforce may not be reduced, during fiscal years 2001, 2002, and 2003, below the level of that workforce as of September 30, 2000, determined on the basis of full-time equivalent positions.

    (2) The Secretary of Defense may waive the prohibition in paragraph (1) and reduce the level of the defense acquisition and support workforce upon submitting to Congress the Secretary's certification that the defense acquisition and support workforce, at the level to which reduced, will be able efficiently and effectively to perform the workloads that are required of that workforce consistent with the cost-effective management of the defense acquisition system to obtain best value equipment and with ensuring military readiness.

    (e) DEFENSE ACQUISITION AND SUPPORT WORKFORCE DEFINED- In this section, the term `defense acquisition and support workforce' means Armed Forces and civilian personnel who are assigned to, or are employed in, an organization of the Department of Defense that is--

      (1) an acquisition organization specified in Department of Defense Instruction 5000.58, dated January 14, 1992; or

      (2) an organization not so specified that has acquisition as its predominant mission, as determined by the Secretary of Defense.

SEC. 813. FINANCIAL ANALYSIS OF USE OF DUAL RATES FOR QUANTIFYING OVERHEAD COSTS AT ARMY INDUSTRIAL FACILITIES.

    (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 to use--

      (1) one set of rates for quantifying the overhead costs associated with government-owned industrial facilities of the Department of the Army when allocating those costs to contractors operating the facilities; and

      (2) another set of rates for quantifying the overhead costs to be allocated to the operation of such facilities 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 rates 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.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

SEC. 901. [SCO00.185]. REPEAL OF LIMITATION ON MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES PERSONNEL.

    (a) REPEAL OF LIMITATION- (1) Section 130a of title 10, United States Code, is repealed.

    (2) The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 130a.

    (b) REPEAL OF ASSOCIATED REPORTING REQUIREMENT- Section 921(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 723) is repealed.

SEC. 902. OVERALL SUPERVISION OF DEPARTMENT OF DEFENSE ACTIVITIES FOR COMBATING TERRORISM.

    Section 138(b)(4) of title 10, United States Code, is amended to read as follows:

    `(4)(A) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.

    `(B) The Assistant Secretary shall have the following duties:

      `(i) As the principal duty, to provide overall supervision (including oversight of policy and resources) of special operations activities (as defined in section 167(j) of this title) and low intensity conflict activities of the Department of Defense.

      `(ii) To provide overall direction and supervision for policy, program 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.

    `(C) The Assistant Secretary is the principal civilian adviser to the Secretary of Defense on, and is the principal official within the senior management of the Department of Defense (after the Secretary and Deputy Secretary) responsible for, the following matters:

      `(i) Special operations and low intensity conflict.

      `(ii) Combating terrorism.'.

SEC. 903. NATIONAL DEFENSE PANEL 2001.

    (a) ESTABLISHMENT- Not later than March 1, 2001, the Secretary of Defense shall establish a nonpartisan, independent panel to be known as the National Defense Panel 2001. The Panel shall have the duties set forth in this section.

    (b) MEMBERSHIP AND CHAIRMAN- (1) The Panel shall be composed of nine members appointed from among persons in the private sector who are recognized experts in matters relating to the national security of the United States, as follows:

      (A) Three members appointed by the Secretary of Defense.

      (B) Three members appointed by the Chairman of the Committee on Armed Services of the Senate, in consultation with the ranking member of the committee.

      (C) Three members appointed by the Chairman of the Committee on Armed Services of the House of Representatives, in consultation with the ranking member of the committee.

    (2) The Secretary of Defense, in consultation with the chairmen and ranking members of the Committees on Armed Services of the Senate and the House of Representatives, shall designate one of the members to serve as the chairman of the Panel.

    (c) DUTIES- (1) The Panel shall--

      (A) assess the matters referred to in paragraph (2);

      (B) assess the current and projected strategic environment, together with the progress made by the Armed Forces in transforming to meet that environment;

      (C) identify the most dangerous threats to the national security interests of the United States that are to be countered by the United States in the ensuing 10 years and those that are to be encountered in the ensuing 20 years;

      (D) identify the strategic and operational challenges for the Armed Forces to address in order to prepare to counter the threats identified under subparagraph (C);

      (E) develop--

        (i) a recommendation on the priority that should be accorded to each of the strategic and operational challenges identified under subparagraph (D); and

        (ii) a recommendation on the priority that should be accorded to the development of each joint capability needed to meet each such challenge; and

      (F) identify the issues that the Panel recommends for assessment during the next quadrennial review to be conducted under section 118 of title 10, United States Code.

    (2) The matters to be assessed under paragraph (1)(A) are the defense strategy, force structure, force modernization plans, infrastructure, budget plan, and other elements of the defense program and policies established since the quadrennial defense review conducted in 1996.

    (3) The Panel shall conduct the assessments under paragraph (1) with a view toward recommending--

      (A) the most critical changes that should be made to the defense strategy of the United States for the ensuing 10 years and the most critical changes that should be made to the defense strategy of the United States for the ensuing 20 years; and

      (B) any changes considered appropriate by the Panel regarding the major weapon systems programmed for the force, including any alternatives to those weapon systems.

    (d) REPORT- (1) The Panel shall submit to the Secretary of Defense and to the Committees on Armed Services of the Senate and the House of Representatives two reports on the assessment, including a discussion of the Panel's activities, the findings and recommendations of the Panel, and any recommendations for legislation that the Panel considers appropriate, as follows:

      (A) An interim report not later than July 1, 2001.

      (B) A final report not later than December 1, 2001.

    (2) Not later than December 15, 2001, the Secretary shall transmit to the committees referred to in paragraph (1) the Secretary's comments on the final report submitted to the committees under subparagraph (B) of that paragraph.

    (e) INFORMATION FROM FEDERAL AGENCIES- The Panel may secure directly from the Department of Defense and any of its components and from any other department and agency of the United States such information as the Panel considers necessary to carry out its duties under this section. The head of the department or agency concerned shall ensure that information requested by the Panel under this subsection is promptly provided.

    (f) PERSONNEL MATTERS- (1) Each member of the Panel shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Panel.

    (2) The members of the Panel 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 Panel.

    (3)(A) The chairman of the Panel may, without regard to the civil service laws and regulations, appoint and terminate an executive director and a staff if the Panel determines that an executive director and staff are necessary in order for the Panel to perform its duties effectively. The employment of an executive director shall be subject to confirmation by the Panel.

    (B) The chairman may fix the compensation of the executive director 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 for the executive director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

    (4) Any employee of the United States may be detailed to the Panel without reimbursement of the employee's agency, and such detail shall be without interruption or loss of civil service status or privilege. The Secretary shall ensure that sufficient personnel are detailed to the Panel to enable the Panel to carry out its duties effectively.

    (5) To the maximum extent practicable, the members and employees of the Panel shall travel on military aircraft, military ships, military vehicles, or other military conveyances when travel is necessary in the performance of a duty of the Panel, except that no such aircraft, ship, vehicle, or other conveyance may be scheduled primarily for the transportation of any such member or employee when the cost of commercial transportation is less expensive.

    (g) ADMINISTRATIVE PROVISIONS- (1) The Panel 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.

    (2) The Secretary shall furnish the Panel any administrative and support services requested by the Panel.

    (3) The Panel may accept, use, and dispose of gifts or donations of services or property.

    (h) PAYMENT OF PANEL EXPENSES- The compensation, travel expenses, and per diem allowances of members and employees of the Panel shall be paid out of funds available to the Department of Defense for the payment of compensation, travel allowances, and per diem allowances, respectively, of civilian employees of the Department. The other expenses of the Panel shall be paid out of funds available to the Department for the payment of similar expenses incurred by the Department.

    (i) TERMINATION- The Panel shall terminate at the end of the year following the year in which the Panel submits its final report under subsection (d)(1)(B). For the period that begins 90 days after the date of submittal of the report, the activities and staff of the panel shall be reduced to a level that the Secretary of Defense considers sufficient to continue the availability of the panel for consultation with the Secretary of Defense and with the Committees on Armed Services of the Senate and the House of Representatives.

SEC. 904. QUADRENNIAL NATIONAL DEFENSE PANEL.

    (a) NATIONAL DEFENSE PANEL- (1) Chapter 7 of title 10, United States Code, is amended by adding at the end the following:

`Sec. 184. National Defense Panel

    `(a) ESTABLISHMENT- Not later than January 1 of each year immediately preceding a year in which a President is to be inaugurated, the Secretary of Defense shall establish a nonpartisan, independent panel to be known as the National Defense Panel. The Panel shall have the duties set forth in this section.

    `(b) MEMBERSHIP AND CHAIRMAN- (1) The Panel shall be composed of nine members appointed from among persons in the private sector who are recognized experts in matters relating to the national security of the United States, as follows:

      `(A) Three members appointed by the Secretary of Defense.

      `(B) Three members appointed by the Chairman of the Committee on Armed Services of the Senate, in consultation with the ranking member of the committee.

      `(C) Three members appointed by the Chairman of the Committee on Armed Services of the House of Representatives, in consultation with the ranking member of the committee.

    `(2) The Secretary of Defense, in consultation with the chairmen and ranking members of the Committees on Armed Services of the Senate and the House of Representatives, shall designate one of the members to serve as the chairman of the Panel

    `(c) DUTIES- (1) The Panel shall--

      `(A) assess the matters referred to in paragraph (2);

      `(B) assess the current and projected strategic environment, together with the progress made by the armed forces in transforming to meet the environment;

      `(C) identify the most dangerous threats to the national security interests of the United States that are to be countered by the United States in the ensuing 10 years and those that are to be encountered in the ensuing 20 years;

      `(D) identify the strategic and operational challenges for the armed forces to address in order to prepare to counter the threats identified under subparagraph (C);

      `(E) develop--

        `(i) a recommendation on the priority that should be accorded to each of the strategic and operational challenges identified under subparagraph (D); and

        `(ii) a recommendation on the priority that should be accorded to the development of each joint capability needed to meet each such challenge; and

      `(F) identify the issues that the Panel recommends for assessment during the next quadrennial review to be conducted under section 118 of this title.

    `(2) The matters to be assessed under paragraph (1)(A) are the defense strategy, force structure, force modernization plans, infrastructure, budget plan, and other elements of the defense program and policies established since the previous quadrennial defense review under section 118 of this title.

    `(3) The Panel shall conduct the assessments under paragraph (1) with a view toward recommending--

      `(A) the most critical changes that should be made to the defense strategy of the United States for the ensuing 10 years and the most critical changes that should be made to the defense strategy of the United States for the ensuing 20 years; and

      `(B) any changes considered appropriate by the Panel regarding the major weapon systems programmed for the force, including any alternatives to those weapon systems.

    `(d) REPORT- (1) The Panel, in the year that it is conducting an assessment under subsection (c), shall submit to the Secretary of Defense and to the Committees on Armed Services of the Senate and the House of Representatives two reports on the assessment, including a discussion of the Panel's activities, the findings and recommendations of the Panel, and any recommendations for legislation that the Panel considers appropriate, as follows:

      `(A) An interim report not later than July 1 of the year.

      `(B) A final report not later than December 1 of the year.

    `(2) Not later than December 15 of the year in which the Secretary receives a final report under paragraph (1)(B), the Secretary shall submit to the committees referred to in paragraph (1) the Secretary's comments on that report.

    `(e) INFORMATION FROM FEDERAL AGENCIES- The Panel may secure directly from the Department of Defense and any of its components and from any other department or agency of the United States any information that the Panel considers necessary to carry out its duties under this section. The head of that department or agency shall ensure that information requested by the Panel under this subsection is promptly provided.

    `(f) PERSONNEL MATTERS- (1) Each member of the Panel shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5 for each day (including travel time) during which the member is engaged in the performance of the duties of the Panel.

    `(2) The members of the Panel 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 while away from their homes or regular places of business in the performance of services for the Panel.

    `(3)(A) The chairman of the Panel may, without regard to the civil service laws and regulations, appoint and terminate an executive director and a staff if the Panel determines that an executive director and staff are necessary in order for the Panel to perform its duties effectively. The employment of an executive director shall be subject to confirmation by the Panel.

    `(B) The chairman may fix the compensation of the executive director without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

    `(4) Any Federal Government employee may be detailed to the Panel without reimbursement of the employee's agency, and such detail shall be without interruption or loss of civil service status or privilege. The Secretary shall ensure that sufficient personnel are detailed to the Panel to enable the Panel to carry out its duties effectively.

    `(5) To the maximum extent practicable, the members and employees of the Panel shall travel on military aircraft, military ships, military vehicles, or other military conveyances when travel is necessary in the performance of a duty of the Panel, except that no such aircraft, ship, vehicle, or other conveyance may be scheduled primarily for the transportation of any such member or employee when the cost of commercial transportation is less expensive.

    `(g) ADMINISTRATIVE PROVISIONS- (1) The Panel 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.

    `(2) The Secretary shall furnish the Panel any administrative and support services requested by the Panel.

    `(3) The Panel may accept, use, and dispose of gifts or donations of services or property.

    `(h) PAYMENT OF PANEL EXPENSES- The compensation, travel expenses, and per diem allowances of members and employees of the Panel shall be paid out of funds available to the Department of Defense for the payment of compensation, travel allowances, and per diem allowances, respectively, of civilian employees of the Department. The other expenses of the Panel shall be paid out of funds available to the Department for the payment of similar expenses incurred by the Department.

    `(i) TERMINATION- The Panel shall terminate at the end of the year following the year in which the Panel submits its final report under subsection (d)(1)(B). For the period that begins 90 days after the date of submittal of the report, the activities and staff of the panel shall be reduced to a level that the Secretary of Defense considers sufficient to continue the availability of the Panel for consultation with the Secretary of Defense and with the Committees on Armed Services of the Senate and the House of Representatives.'.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following:

      `184. National Defense Panel.'.

    (b) FIRST PANEL TO BE ESTABLISHED IN 2004- The first National Defense Panel under section 184 of title 10, United States Code (as added by subsection (a)), shall be established in 2004.

SEC. 905. INSPECTOR GENERAL INVESTIGATIONS OF PROHIBITED PERSONNEL ACTIONS.

    (a) STANDARDS AND PROCEDURES FOR PRELIMINARY DETERMINATIONS- 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) DEFINITION OF INSPECTOR GENERAL- Subsection (i)(2) of such section is amended by adding at the end the following:

        `(H) An officer of the armed forces or employee of the Department of Defense, not referred to in any other subparagraph of this paragraph, who is assigned or detailed to serve as an Inspector General at any level in the Department of Defense.'.

SEC. 906. NETWORK CENTRIC WARFARE.

    (a) GOAL- It shall be a goal of the Department of Defense to fully coordinate the network centric warfare efforts being pursued by the Joint Chiefs of Staff, the Defense Agencies, and the military departments so that (1) the concepts, procedures, training, and technology development resulting from those efforts lead to an integrated information network, and (2) a coherent concept for enabling information dominance in joint military operations can be formulated.

    (b) REPORT ON IMPLEMENTATION OF NETWORK CENTRIC WARFARE PRINCIPLES- (1) The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall submit to the congressional defense committees a report on the development and implementation of network centric warfare concepts in the Department of Defense.

    (2) The report shall contain 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 current, planned, and needed activities by the Office of the Secretary of Defense, the Joint Chiefs of Staff, and the United States Joint Forces Command to coordinate the development of doctrine and the definition of requirements and to ensure that those activities are consistent with the concepts of network centric warfare and information superiority that are articulated in Joint Vision 2010 issued by the Joint Chiefs of Staff.

      (C) Recommended metrics, and a process for applying and reporting such metrics, to assist the Secretary of Defense and the Chairman of the Joint Chiefs of Staff in the evaluation of the progress being made toward--

        (i) the implementation of the concepts of network centric warfare and information superiority that are articulated in Joint Vision 2010; and

        (ii) the attainment of a fully integrated, joint command, control, communications, computers, intelligence, surveillance, and reconnaissance capability.

      (D) A recommended joint concept development and experimentation campaign for enabling the co-evolution of doctrine, organization, training, materiel, leadership, people, and facilities that are pertinent to achieving advances in command and control consistent with the concepts of network centric warfare and information superiority articulated in those vision statements.

      (E) A description of the programs and initiatives underway, together with a discussion of the progress made (as determined using metrics recommended under subparagraph (C)) toward--

        (i) establishing a foundation for networking the sensors, combat personnel and weapon systems, and decisionmaking nodes to ensure that there is seamless communication within each of the Armed Forces and across the Armed Forces;

        (ii) achieving, within and between the Armed Forces, full situational awareness of the dispositions of friendly forces so that joint task forces can operate effectively on fast-changing battlefields with substantially reduced risk of fratricide and less restrictive control measures; and

        (iii) ensuring a seamless delivery of fire on targets by the Armed Forces and allied forces, with particular attention being given in that discussion to how networking of surface and aerial fire delivery and aerial transport assets can be exploited to manage theater airspace so as to minimize the coordination steps necessary for obtaining fire clearance or aerial transit clearance.

      (F) An identification of the additional powers that must be provided the officials making joint policy for the Armed Forces in order to ensure that those officials have sufficient authority quickly to develop and implement means for supporting network centric warfare, including such means as interoperable intranets of the Armed Forces and joint and allied interoperability standards for the joint operating environment.

      (G) The areas of joint authority that require greater emphasis or resource allocation.

      (H) The specific organizational entities that can provide coordination for the development of network centric warfare systems and doctrine.

      (I) The joint requirements under development that will lead to the acquisition of technologies for enabling the implementation and support of network centric warfare, together with--

        (i) a description of how the joint requirements are modifying existing requirements and vision statements of each of the Armed Forces to better reflect the joint nature of network centric warfare;

        (ii) a description of how the vision statements are being expanded to reflect the role of network centric warfare concepts in future coalition operations and operations other than war; and

        (iii) an evaluation of whether there is a need to modify the milestone decision processes for all acquisition programs that directly affect joint task force interoperability and interoperability between the Armed Forces.

      (J) A discussion of how the efforts within the Department of Defense to implement information superiority concepts described in Joint Vision 2010 are informed by private sector investments, and successes and failures, in implementing networking technologies that enhance distribution, inventory control, maintenance management, personnel management, knowledge management, technology development, and other relevant business areas.

      (K) A discussion of how Department of Defense activities to establish a joint network centric capability--

        (i) are coordinated with the Intelligence Community, the Department of Commerce, the Department of Justice, the Federal Emergency Management Agency, and other departments and agencies of the United States; and

        (ii) are carried out in accordance with Presidential Decision Directive 63 and the National Plan for Information Systems Protection.

    (c) STUDY ON 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 and description of how experimentation under the joint experimentation program and experimentation under the experimentation program of each of the Armed Forces are being used for evaluating emerging concepts in network centric warfare.

      (B) Recommended means and mechanisms for using the results of the joint experimentation for developing new joint requirements, new joint doctrine, and new acquisition programs of the military departments and Defense Agencies with a view to achieving the objective of supporting network centric operations.

      (C) Recommendations on future joint experimentation to validate and accelerate the use of network centric warfare concepts in operations involving coalition forces.

      (D) Recommendations on how joint experimentation can be used to identify impediments to--

        (i) the development of a joint information network; and

        (ii) the seamless coordination of the intranet systems of each of the Armed Forces in operational environments.

      (E) Recommendations on how joint experimentation can be used to develop concepts in revolutionary force redesign to leverage new operational concepts in network centric warfare.

      (F) The levels of appropriations necessary for joint experimentation on network-related concepts.

    (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 to prepare the report required under this subsection.

    (d) REPORT ON SCIENCE AND TECHNOLOGY PROGRAMS TO SUPPORT NETWORK CENTRIC WARFARE CONCEPTS- (1) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report describing 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. The Under Secretary shall consult with the Chairman of the Joint Chiefs of Staff in the preparation of the report.

    (2) The report shall include the following:

      (A) A discussion of the science and technology investments in the following areas:

        (i) Sensors, including ground-based, air-based, sea-based, and space-based inhabited and uninhabited systems.

        (ii) Seamless communications and networking protocols and technologies.

        (iii) Modeling and simulation of technologies and operational concepts.

        (iv) Secure and reliable information networks and databases.

        (v) Computing and software technology.

        (vi) Robust human-machine interfaces.

        (vii) Novel training concepts for supporting network centric operations.

      (B) For the areas listed in subparagraph (A)--

        (i) a rationalization of the rapid pace of technological change and the influence of global developments in commercial technology; and

        (ii) an explanation of how that rationalization is informing and modifying science and technology investments made by the Department of Defense.

    (e) TIME FOR SUBMISSION OF REPORTS- Each report required under this section shall be submitted not later than March 1, 2001.

SEC. 907. ADDITIONAL DUTIES FOR THE 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:

      `(6) The advisability of--

        `(A) various actions to eliminate the requirement for specified officers in the United States Space Command to be flight rated that results from the dual assignment of such officers to that command and to one or more other commands for which the officers are expressly required to be flight rated;

        `(B) the establishment of a requirement that all new general or flag officers of the United States Space Command have experience in space, missile, or information operations that is either acquisition experience or operational experience; and

        `(C) rotating the command of the United States Space Command among the Armed Forces.'.

SEC. 908. 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.

SEC. 909. ORGANIZATION AND MANAGEMENT OF THE CIVIL AIR PATROL.

    (a) IN GENERAL- Chapter 909 of title 10, United States Code, is amended to read as follow:

`CHAPTER 909--CIVIL AIR PATROL

`Sec.

      `9441. Status as federally chartered corporation; purposes.

      `9442. Status as volunteer civilian auxiliary of the Air Force.

      `9443. Activities not performed as auxiliary of the Air Force.

      `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 not performed as auxiliary of the Air Force

    `(a) SUPPORT FOR STATE AND LOCAL AUTHORITIES- The Civil Air Patrol may, in its status as a federally chartered nonprofit corporation and not as an auxiliary of the Air Force, 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. Missions and activities carried out under this section shall be consistent with the purposes of the Civil Air Patrol.

    `(b) USE OF FEDERALLY PROVIDED RESOURCES- (1) To perform any mission or activity authorized under subsection (a), the Civil Air Patrol may use any equipment, supplies, and other resources provided to it by the Air Force or by any other department or agency of the Federal Government or acquired by or for the Civil Air Patrol with appropriated funds, without regard to whether the Civil Air Patrol has reimbursed the Federal Government source for the equipment, supplies, other resources, or funds, as the case may be.

    `(2) The use of equipment, supplies, or other resources under paragraph (1) is subject to--

      `(A) the terms and conditions of the applicable agreement entered into under chapter 63 of title 31; and

      `(B) 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 this section is not contingent on the Civil Air Patrol being reimbursed for the cost of providing the assistance. If the Civil Air Patrol requires reimbursement for the provision of any such assistance, the Civil Air Patrol may establish the reimbursement rate for the assistance at a rate less than the rate 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 for 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 Federal Government 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;

      `(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 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 13 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 Federal Government, or private citizens.

      `(2) Four members of the Civil Air Patrol, elected from among the members of the Civil Air Patrol in the manner provided in regulations prescribed under section 9448 of this title.

      `(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.

      `(4) One member appointed by the Majority Leader of the Senate.

      `(5) One member appointed by the Speaker of the House of Representatives.

    `(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) CHAIRPERSON- (1) The Chairperson of the Board of Governors shall be chosen by the members of the Board of Governors from among the members of the Board eligible for selection under paragraph (2) and shall serve for a term of two years.

    `(2) The position of Chairperson shall be held on a rotating basis, first by a member of the Board selected from among those appointed by the Secretary of the Air Force under paragraph (1) of subsection (b) and then by a member of the Board selected from among the members elected by the Civil Air Patrol under paragraph (2) of that subsection. Upon the expiration of the term of a Chairperson selected from among the members referred to in one of those paragraphs, the selection of a successor to that position shall be made from among the members who are referred to in the other paragraph.

    `(e) POWERS- (1) The Board of Governors shall, subject to paragraphs (2) and (3), exercise the powers granted 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 the approval of the corporate officers of the Civil Air Patrol, as those officers are defined in the constitution and bylaws of the Civil Air Patrol.

    `(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) The Board of Governors may, subject to paragraph (2), 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:

      `(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 Federal Government.

    `(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.

      `(4) Procedures and requirements for the election of members of the Board of Governors under section 9447(b)(2) 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;

      (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- This section and the amendments made by this section shall take effect on January 1, 2001.

SEC. 910. RESPONSIBILITY FOR THE NATIONAL GUARD CHALLENGE PROGRAM.

    (a) 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) CLARIFICATION OF SOURCE OF FEDERAL SUPPORT- Subsection (b) of such section is amended by striking `Federal expenditures' and inserting `Department of Defense expenditures'.

    (c) REGULATIONS- Such section is further amended--

      (1) by redesignating subsection (l) and subsection (m); and

      (2) by inserting after subsection (k) the following new subsection (l):

    `(l) REGULATIONS- The Secretary of Defense shall prescribe regulations to carry out this section, including regulations governing the following:

      `(1) Terms and conditions to be included in program agreements under subsection (c).

      `(2) The eligibility requirements for participation under subsection (e).

      `(3) The benefits authorized for program participants under subsection (f).

      `(4) The status of National Guard personnel providing services for the program under subsection (g).

      `(5) The use of equipment and facilities of the National Guard for the program under subsection (h).

      `(6) The status of program participants under subsection (i).

      `(7) The procedures for communicating between the Secretary of Defense and States regarding the program.'.

SEC. 911. SUPERVISORY CONTROL OF ARMED FORCES RETIREMENT HOME BOARD BY SECRETARY OF DEFENSE.

    (a) BOARD AUTHORITY SUBJECT TO SECRETARY'S CONTROL- Section 1516(a) of the Armed Forces Retirement Home Act of 1991 (Public Law 101-510; 24 U.S.C. 416(a)) is amended by inserting after the first sentence the following: `The Board is subject to the authority, direction, and control of the Secretary of Defense in the performance of its responsibilities.'.

    (b) APPOINTMENT AND TERMS OF BOARD MEMBERS- Section 1515 of such Act (24 U.S.C. 415) is amended--

      (1) in subsection (b), by adding at the end the following:

    `An appointment not made by the Secretary of Defense is subject to the approval of the Secretary of Defense.';

      (2) in subsection (e)(3), by striking `Chairman of the Retirement Home Board' and inserting `Secretary of Defense'; and

      (3) in subsection (f), by striking `(f) EARLY EXPIRATION OF TERM- ' and inserting the following:

    `(f) EARLY TERMINATION- (1) The Secretary of Defense may terminate the appointment of a member of the Board at the pleasure of the Secretary.

    `(2)'.

    (c) RESPONSIBILITY OF CHAIRMAN TO THE SECRETARY- Section 1515(d)(1)(B) of such Act (24 U.S.C. 415(d)(1)(B)) is amended by striking `not be responsible to the Secretary of Defense or to the Secretaries of the military departments' and inserting `be responsible to the Secretary of Defense, but not to the Secretaries of the military departments,'.

SEC. 912. 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 inserting `, and loans of personal property other than money,' after `gifts and bequests of personal property'; 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 6973 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.'.

    (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. 913. 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 the current cash value of a gift accepted before the date of the enactment of this Act for the Naval Academy general gift fund by disbursing out of that fund the amount equal to that cash value to an entity designated by the donor of the gift.

TITLE X--GENERAL PROVISIONS

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.

    (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. 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 any law making supplemental appropriations for fiscal year 2000 that is enacted during the 106th Congress, second session.

SEC. 1003. 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 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), $194,400,000 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. 1004. ANNUAL OMB/CBO JOINT REPORT ON SCORING OF BUDGET OUTLAYS.

    (a) REVISION OF SCOPE OF TECHNICAL ASSUMPTIONS- Subsection (a)(1) of section 226 of title 10, United States Code, is amended by inserting `subfunctional category 051 (Department of Defense--Military) under' before `major functional category 050'.

    (b) TREATMENT OF DIFFERENCES IN OUTLAY RATES AND ASSUMPTIONS- (1) Subsection (b) of such section is amended by striking `, the report shall reflect the average of the relevant outlay rates or assumptions used by the two offices.' and inserting `, the report shall reflect the differences between the relevant outlay rates or assumptions used by the two offices. For each account for which a difference is reported, the report shall also display, by fiscal year, each office's estimates regarding budget authority, outlay rates, and outlays.'.

    (2) The heading for such subsection is amended to read as follows: `DIFFERENCES IN OUTLAY RATES AND ASSUMPTIONS- '.

SEC. 1005. PROMPT PAYMENT OF CONTRACT VOUCHERS.

    (a) REQUIREMENT- (1) Chapter 131 of title 10, United States Code, is amended by adding at the end the following:

`Sec. 2225. Prompt payment of vouchers for contracted property and services

    `(a) REQUIREMENT- Of the contract vouchers that are received by the Defense Finance and Accounting System by means of the mechanization of contract administration service, 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) CONDITIONAL REQUIREMENT FOR REPORT- (1) For any month of a fiscal year that the requirement in subsection (a) is not met, the Secretary of Defense shall submit to Congress 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 System by means of the mechanization of contract administration service during each month.

      `(B) The number of the vouchers so received, whenever received by the Defense Finance and Accounting System, that remain unpaid for each of the following periods:

        `(i) Not more than 30 days.

        `(ii) Over 30 days and not more than 60 days.

        `(iii) Over 60 days and not more than 90 days.

        `(iv) 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).

    `(c) CONTRACT VOUCHER DEFINED- In this section, the term `contract voucher' means a voucher or invoice for the payment of 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 pursuant to a contract funded by the Department of Defense.'.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following:

      `2225. Prompt payment of vouchers for contracted property and services'.

    (b) EFFECTIVE DATE- Section 2225 of title 10, United States Code (as added by subsection (a)), shall take effect on December 1, 2000, and shall apply with respect to months beginning on or after that date.

SEC. 1006. REPEAL OF CERTAIN REQUIREMENTS RELATING TO TIMING OF CONTRACT PAYMENTS.

    The following provisions of law are repealed: sections 8175 and 8176 of the Department of Defense Appropriations Act, 2000 (Public Law 106-79), as amended by sections 214 and 215, respectively, of H.R. 3425 of the 106th Congress (113 Stat. 1501A-297), as enacted into law by section 1000(a)(5) of Public Law 106-113.

SEC. 1007. PLAN FOR PROMPT POSTING OF CONTRACTUAL OBLIGATIONS.

    (a) REQUIREMENT FOR PLAN- The Secretary of Defense shall submit to the congressional defense committees, not later than November 15, 2000, and carry out a plan for ensuring that each obligation of the Department of Defense under a transaction described in subsection (c) is posted within 10 days after the obligation is incurred.

    (b) CONTENT OF PLAN- The plan for posting obligations shall provide the following:

      (1) Uniform posting requirements that are applicable throughout the Department of Defense, including requirements for the posting of detailed data on each obligation.

      (2) A system of uniform accounting classification reference numbers.

      (3) Increased use of electronic means for the submission of invoices and other billing documents.

    (c) COVERED TRANSACTIONS- The plan shall apply to each liability of the Department of Defense for a payment under the following:

      (1) A contract.

      (2) An order issued under a contract.

      (3) Services received under a contract.

      (4) Any transaction that is similar to a transaction referred to in another paragraph of this subsection.

SEC. 1008. PLAN FOR ELECTRONIC SUBMISSION OF DOCUMENTATION SUPPORTING CLAIMS FOR CONTRACT PAYMENTS.

    (a) REQUIREMENT FOR PLAN- The Secretary of Defense shall submit to the congressional defense committees, not later than March 30, 2001, and carry out a plan for ensuring that all documentation that is to be submitted to the Department of Defense in support of claims for payment under contracts is submitted electronically.

    (b) CONTENT OF PLAN- The plan shall include the following:

      (1) The format in which information can be accepted by the Defense Finance and Accounting Service's corporate database.

      (2) Procedures for electronic submission of the following:

        (A) Receiving reports.

        (B) Contracts and contract modifications.

        (C) Required certifications.

      (3) The requirements to be included in contracts regarding electronic submission of invoices by contractors.

SEC. 1009. ADMINISTRATIVE OFFSETS FOR OVERPAYMENT OF TRANSPORTATION COSTS.

    (a) OFFSETS FOR OVERPAYMENTS OR LIQUIDATED DAMAGES- 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, 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, 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 may exercise the authority to collect the claim by administrative offset under section 3716 of title 31 after providing the notice required by paragraph (1) of subsection (a) of that section, but without regard to paragraphs (2), (3), and (4) of that subsection.

    `(2) In this subsection, 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)).'.

    (b) CLERICAL AMENDMENT- 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.'.

Subtitle B--Counter-Drug Activities

SEC. 1011. EXTENSION AND INCREASE OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES.

    (a) EXTENSION OF AUTHORITY FOR ASSISTANCE TO COLOMBIA- 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) ADDITIONAL TYPE OF SUPPORT- Subsection (c) of such section is amended by adding at the end the following:

      `(4) The transfer of one light observation aircraft.'.

    (c) INCREASED MAXIMUM ANNUAL AMOUNT OF SUPPORT- Subsection (e)(2) of such section is amended--

      (1) by striking `$20,000,000' and inserting `$40,000,000'; and

      (2) by striking `2002' and inserting `2006, of which not more than $10,000,000 may be obligated or expended for any fiscal year for support for the counter-drug activities of the Government of Peru'.

SEC. 1012. RECOMMENDATIONS ON EXPANSION OF SUPPORT FOR COUNTER-DRUG ACTIVITIES.

    (a) REQUIREMENT FOR SUBMITTAL OF RECOMMENDATIONS- The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives, not later than February 1, 2001, the Secretary's recommendations 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. 1013. 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.

Subtitle C--Strategic Forces

SEC. 1015. REVISED NUCLEAR POSTURE REVIEW.

    (a) REQUIREMENT FOR REVIEW- The Secretary of Defense, in consultation with the Secretary of Energy, shall conduct a comprehensive review of the nuclear posture of the United States for the next 5 to 10 years.

    (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 between 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 concurrently with the Quadrennial Defense Review due in December 2001.

    (d) SENSE OF CONGRESS- It is the sense of Congress that, to clarify United States nuclear deterrence policy and strategy for the next 5 to 10 years, a revised nuclear posture review should be conducted and that such review should be used as the basis for establishing future United States arms control objectives and negotiating positions.

SEC. 1016. 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.

    (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. 1017. CORRECTION 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. 1018. 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 the requirements and current and future plans for hardened and deeply buried targets and agent defeat weapons concepts and activities;

      (2) determine if those plans adequately address all 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 agent defeat requirements;

      (5) assess both current and future options to defeat hardened and deeply buried targets as well as agent defeat weapons concepts, including any limited research and development that may be necessary to conduct such assessment; and

      (6) determine the capability and cost of each option.

    (b) REPORT- The Secretary of Defense shall submit to the congressional defense committees a report on the results of the study required by subsection (a) not later than July 1, 2001.

Subtitle D--Miscellaneous Reporting Requirements

SEC. 1021. ANNUAL REPORT OF THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF ON COMBATANT COMMAND REQUIREMENTS.

    (a) ADDITIONAL COMPONENT- Section 153(d)(1) of title 10, United States Code, is amended by adding at the end the following:

      `(C) The extent to which the future-years defense program (under section 221 of this title) addresses the requirements on the consolidated lists.'.

    (b) APPLICABILITY TO REPORTS AFTER FISCAL YEAR 2000- Subparagraph (C) of paragraph (1) of section 153(d) of title 10, United States Code (as added by subsection (a)), shall apply to reports submitted to Congress under such section after fiscal year 2000.

SEC. 1022. SEMIANNUAL REPORT ON JOINT REQUIREMENTS OVERSIGHT COUNCIL.

    (a) SEMIANNUAL REPORT- The Chairman of the Joints Chiefs of Staff shall submit to the congressional defense committees a semiannual report on the activities of the Joint Requirements Oversight Council. The principal purpose of the report is to inform the committees of the progress made in the reforming and refocusing of the Joint Requirements Oversight Council process during the period covered by the report.

    (b) CONTENT- The report for a half of a fiscal year shall include the following:

      (1) A listing and justification for each of the distinct capability areas selected by the Chairman of the Joints Chiefs of Staff as being within the principal domain of the Joint Requirements Oversight Council.

      (2) A listing of the joint requirements developed, considered, or approved within each of the capability areas.

      (3) A listing and explanation of the decisions made by the Joint Requirements Oversight Council, together with a delineation of each decision that was made in disagreement with a position advocated by the Commander in Chief, United States Joint Forces Command, as the chief proponent of the requirements identified by the commanders of the unified and specified combatant commands.

      (4) An assessment of the progress made in elevating the Joint Requirements Oversight Council to a more strategic focus on future war fighting requirements, integration of requirements, and development of overarching common architectures.

      (5) A summation and assessment of the role and impact of joint experimentation on the processes and decisions for defining joint requirements, for defining requirements of each of the Armed Forces individually, for managing acquisitions by Defense Agencies, and for managing acquisitions by the military departments.

      (6) A description of any procedural actions that have been taken to improve the Joint Requirements Oversight Council.

      (7) Any recommendations for legislation or for providing additional resources that the Chairman considers necessary in order fully to refocus and reform the processes of the Joint Requirements Oversight Council.

    (c) DATES FOR SUBMISSION- (1) The semiannual report for the half of a fiscal year ending on March 31 of a year shall be submitted not later than August 31 of that year.

    (2) The semiannual report for the half of a fiscal year ending on September 30 of a year shall be submitted not later than February 28 of the following year.

    (3) The first semiannual report shall be submitted not later than February 28, 2001, and shall cover the last half of fiscal year 2000.

SEC. 1023. 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) The schedule and costs associated with the implementation of the program.

      (3) The Department's plan for coordinating the preparedness program with responders in the communities in the localities of the installations.

      (4) 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) DEFINITIONS- In this section:

      (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. 1024. 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. 1025. MANAGEMENT REVIEW OF DEFENSE LOGISTICS AGENCY.

    (a) COMPTROLLER GENERAL REVIEW REQUIRED- The Comptroller General shall review each operation of the Defense Logistics Agency--

      (1) to assess--

        (A) the efficiency of the operation;

        (B) the effectiveness of the operation in meeting customer requirements; and

        (C) the flexibility of the operation to adopt best business practices; and

      (2) to identify alternative approaches for improving the operations of the 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 1 or more reports setting forth the Comptroller General's findings resulting from the review.

SEC. 1026. MANAGEMENT REVIEW OF DEFENSE INFORMATION SYSTEMS AGENCY.

    (a) COMPTROLLER GENERAL REVIEW REQUIRED- The Comptroller General shall review each operation of the Defense Information Systems Agency--

      (1) to assess--

        (A) the efficiency of the operation;

        (B) the effectiveness of the operation in meeting customer requirements; and

        (C) the flexibility of the operation to adopt best business practices; and

      (2) to identify alternative approaches for improving the information systems of the Department of Defense.

    (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.

Subtitle E--Information Security

SEC. 1041. 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 between government and nongovernment organizations and entities.

    (c) CONTRACTOR OPERATION- The Secretary shall enter into a contract with a not-for-profit entity or 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 amounts authorized to be appropriated under section 301(5), $10,000,000 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. 1042. 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:

`CHAPTER 112--OTHER EDUCATIONAL ASSISTANCE PROGRAMS

`Sec.

      `2200. Information security scholarship program.

`Sec. 2200. Information security scholarship program

    `(a) ESTABLISHMENT- 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 establish a program to provide educational assistance in accordance with this section to persons pursuing a program of education in disciplines relevant to those requirements.

    `(b) ELIGIBLE PERSONS- The Secretary may provide educational assistance under the program for pursuit of a baccalaureate or advanced degree in a discipline referred to in subsection (a) at an institution of higher education by a person entering into an agreement with the Secretary of Defense as described in subsection (c).

    `(c) SERVICE AGREEMENT- (1) To receive educational 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 educational assistance under this section is one year for each academic year (or fraction thereof) for which educational assistance is provided. 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 clauses 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 subsection (g).

      `(B) That the person will maintain satisfactory academic progress, as determined in accordance with the regulations prescribed under subsection (g), and that failure to maintain such progress constitutes grounds for termination of the educational assistance provided the person under this section.

      `(C) Any other terms and conditions that the Secretary of Defense determines appropriate for carrying out this section.

    `(d) AMOUNT OF ASSISTANCE- The amount of the educational 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, books, and laboratory expenses, but not including expenses for room and board. The expense paid, however, shall be limited to those educational expenses normally incurred by students at the institution of higher education involved.

    `(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 (c) shall refund to the United States an amount that bears the same ratio to the amount of the educational assistance paid for the person as the unserved part of such period bears to the total period.

    `(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 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 under subsection (e).

    `(g) REGULATIONS- The Secretary of Defense shall prescribe regulations for the administration of any program established under this section.

    `(h) INAPPLICABILITY TO COAST GUARD- This section does not apply to the Coast Guard when it is not operating as a service in the Navy.

    `(i) DEFINITIONS- In this section:

      `(1) The term `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).'.

    (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:

2200'.

    (b) FUNDING- Of the amount authorized to be appropriated under section 301(5), $20,000,000 shall be available for carrying out an information security scholarship program under section 2200 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 an information security scholarship program under section 2200 of title 10, United States Code.

SEC. 1043. PROCESS FOR PRIORITIZING BACKGROUND INVESTIGATIONS FOR SECURITY CLEARANCES FOR DEPARTMENT OF DEFENSE PERSONNEL.

    (a) ESTABLISHMENT OF PROCESS- Chapter 80 of title 10, United States Code, is amended by adding at the end the following:

`Sec. 1563. 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 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.

      `(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.

    `(c) ANNUAL REVIEW- The Secretary shall review, each year, the process prescribed under subsection (a) and shall revise it 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 at the end the following:

      `1563. Security clearance investigations.'.

SEC. 1044. 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 (g)) 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 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 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 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).'.

    (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. 1045. PROTECTION OF OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE AGENCY.

    (a) AUTHORITY- Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following:

`Sec. 426. Protection of sensitive information: operational files of the Defense Intelligence Agency

    `(a) AUTHORITY TO WITHHOLD OPERATIONAL FILES- The Secretary of Defense may withhold from public disclosure operational files described in subsection (b) to the same extent that operational files may be withheld under section 701 of the National Security Act of 1947 (50 U.S.C. 431), subject to judicial review under the same circumstances and to the same extent as is provided in subsection (f) of such section.

    `(b) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES- Section 702 of the National Security Act of 1947 (50 U.S.C. 432), setting forth requirements for decennial review of exemptions from public disclosure and related provisions for judicial review shall apply with respect to the exemptions from public disclosure that are in force under subsection (a), subject to the following requirements:

      `(1) The Secretary of Defense shall conduct the decennial review under this subsection.

      `(2) In the application of the judicial review provisions under subsection (c) of such section 702--

        `(A) the references to the Central Intelligence Agency shall be deemed to refer to the Secretary of Defense; and

        `(B) the reference in paragraph (1) of that subsection to the period for the first review shall be deemed to refer to the 10-year period beginning on the day after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2001.

    `(c) OPERATIONAL FILES DEFINED- In this section, the term `operational files' has the meaning given that term in section 701(b) of the National Security Act of 1947 (50 U.S.C. 431(b)), except that the references to elements of the Central Intelligence Agency do not apply.'.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such subchapter is amended by adding at the end the following:

      `426. Protection of sensitive information: operational files of the Defense Intelligence Agency.'.

Subtitle F--Other Matters

SEC. 1051. COMMEMORATION OF THE FIFTIETH ANNIVERSARY OF THE UNIFORM CODE OF MILITARY JUSTICE.

    (a) FINDINGS- Congress makes the following findings:

      (1) The American military justice system predates the United States itself, having had a continuous existence since the enactment of the first American Articles of War by the Continental Congress in 1775.

      (2) Pursuant to article I of the Constitution, which explicitly empowers Congress `To make Rules for the Government and Regulation of the land and naval Forces', Congress enacted the Articles of War and an Act to Govern the Navy, which were revised on several occasions between the ratification of the Constitution and the end of World War II.

      (3) Dissatisfaction with the administration of military justice in World War I and World War II 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 uniform code of military justice applicable 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 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 fiftieth 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 fiftieth 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 to commemorate the occasion with ceremonies and activities befitting its importance.

SEC. 1052. TECHNICAL CORRECTIONS.

    (a) THRESHOLD DATE FOR EFFECTIVENESS OF AGREEMENTS TO MAKE AN SBP ELECTION- (1) Section 657(a)(1)(A) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 668; 10 U.S.C. 1450 note) is amended by striking `August 21, 1983' and inserting `August 19, 1983'.

    (2) The amendment made by paragraph (1) shall take effect as of October 5, 1999, and shall apply as if included in section 657(a)(1)(A) of Public Law 106-65 on that date.

    (b) STATE OF INCORPORATION OF FLEET RESERVE ASSOCIATION- Sections 70102(a) and 70108(a) of title 36, United States Code, are amended by striking `Delaware' and inserting `Pennsylvania'.

SEC. 1053. 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:

    `(i) AMERICAN RED CROSS EMPLOYEE DEPENDENTS IN PUERTO RICO- (1) The Secretary of Defense may authorize a dependent of an employee of the American Red Cross performing armed forces emergency services in Puerto Rico to enroll in an educational program provided by the Secretary pursuant to subsection (a) in Puerto Rico.

    `(2) 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.

    `(3) The Secretary shall be paid for the educational services and related items provided to a student under paragraph (1). To determine the amount for educational services, the Secretary shall allocate to the student a share, considered appropriate by the Secretary, of the costs of providing the educational program in which the student is enrolled. The Secretary shall enter into such agreements or take such other actions as the Secretary determines necessary to ensure that the payments required under this paragraph are made.'.

SEC. 1054. GRANTS TO AMERICAN RED CROSS FOR ARMED FORCES EMERGENCY SERVICES.

    (a) GRANTS AUTHORIZED- The Secretary of Defense may, subject to subsection (b), make a grant to the American Red Cross of up to $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- A grant may not be made for a fiscal year under subsection (a) until the Secretary receives from the American Red Cross a certification providing assurances satisfactory to the Secretary that the American Red Cross will expend for the Armed Forces Emergency Services program for that fiscal year funds, derived from sources other than the Federal Government, in a total amount that equals or exceeds the amount of the grant.

    (c) FUNDING- Of the amount authorized to be appropriated by section 301 for operation and maintenance for Defense-wide activities, $9,400,000 shall be available for grants made under this section.

SEC. 1055. TRANSIT PASS PROGRAM FOR CERTAIN DEPARTMENT OF DEFENSE PERSONNEL.

    (a) ESTABLISHMENT OF PROGRAM- To encourage Department of Defense personnel in areas described in subsection (b) to use means other than single-occupancy motor vehicles to commute to or from work, the Secretary of Defense shall exercise the authority provided in section 7905 of title 5, United States Code, to establish a program to provide the personnel in such areas with a transit pass benefit under subsection (b)(2)(A) of such section.

    (b) COVERED AREAS- The Secretary shall establish the program required by subsection (a) in the areas which do not meet the revised national ambient air quality standards under section 109 of the Clean Air Act (42 U.S.C. 7409).

    (c) TIME FOR IMPLEMENTATION- The Secretary shall prescribe the effective date for the program required under 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. 1056. 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:

`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:

      `(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:

      `4595. Army Military History Institute: fee for providing historical information to the public.'.

    (b) NAVY- (1) Chapter 649 of such title 10 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'.

    (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 title 10, United States Code, and the beginning of part IV of such subtitle is amended by striking out `Related'.

    (c) AIR FORCE- (1) Chapter 937 of title 10, United States Code, 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. 1057. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION FOR NATIONAL SECURITY PURPOSES.

    (a) CONDITIONS FOR AVAILABILITY OF INFORMATION- Subsection (b) of section 9101 of title 5, United States Code, is amended--

      (1) by striking paragraph (3);

      (2) by redesignating paragraph (2) as paragraph (4);

      (3) in paragraph (1)--

        (A) in the first sentence--

          (i) by inserting `the Department of Transportation,' after `the Department of State,'; and

          (ii) by inserting `the following:' after `eligibility for'; and

        (B) by striking `(A) access to classified information' and all that follows through the end of the paragraph 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 Federal Government or performing a Federal Government contract.

    `(2) If the criminal justice agency possesses the capability to provide automated criminal history record information based on a search of its records by name and other common identifiers, the agency shall provide the requester with full criminal history record information for individuals who meet the matching criteria.

    `(3) Fees, if any, charged for providing criminal history record information pursuant to this subsection may not exceed the reasonable cost of providing such information through an automated name search.'; and

      (4) by adding at the end the following:

    `(5) A criminal justice agency may not require, as a condition for the release of criminal history record information under this subsection, that any official of a department or agency named in paragraph (1) enter into an agreement with a State or local government to indemnify and hold harmless the State or locality for damages, costs, or other monetary loss arising from the disclosure or use by that department or agency of criminal history record information obtained from the State or local government pursuant to this subsection.'.

    (b) 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 a department or 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.'.

SEC. 1058. 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 our allies around the world.

      (6) The name bestowed upon 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 our Nation for 64 years, served in World War II, and earned 13 battle stars.

      (9) One of those honored vessels, the CV-2, was lost after having given gallant fight at the Battle of Coral Sea in 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 who are today respectfully referred to as the `Greatest Generation'; 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 less 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. 1059. DONATION OF CIVIL WAR CANNON.

    (a) AUTHORITY- The Secretary of the Army shall convey all right, title, and interest of the United States in and to the Civil War era cannon described in subsection (b) to the Edward Dorr Tracey, Jr. Camp 18 of the Sons of the Confederate Veterans.

    (b) PROPERTY TO BE CONVEYED- The cannon referred to in subsection (a) is a 12-pounder Napoleon cannon bearing the following markings:

      (1) On the top: `CS'.

      (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.'.

    (c) CONSIDERATION- No consideration may be required by the Secretary for the conveyance of the cannon under this section.

    (d) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

    (e) 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 (34 Stat. 225; 16 U.S.C. 431 et seq.), popularly referred to as the `Antiquities Act of 1906'.

SEC. 1060. 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)'.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

SEC. 1101. COMPUTER/ELECTRONIC ACCOMMODATIONS PROGRAM.

    (a) AUTHORITY TO EXPAND PROGRAM- (1) Chapter 81 of title 10, United States Code, is amended by inserting after section 1581 the following:

`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 the terms in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002).'.

    (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1581 the following:

      `1582. Assistive technology, assistive technology devices, and assistive technology services.'.

    (b) FUNDING- Of the amount authorized to be appropriated under section 301(5) for operation and maintenance for Defense-wide activities, not more than $2,000,000 is available for the purpose of expanding and administering the Computer/Electronic Accommodation Program of the Department of Defense to provide under section 1582 of title 10, United States Code (as added by subsection (a)), the technology, devices, and services described in that section.

SEC. 1102. 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; 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:

      `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.'.

SEC. 1103. INCREASED 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'.

SEC. 1104. EXTENSION OF AUTHORITY FOR TUITION REIMBURSEMENT AND TRAINING FOR CIVILIAN EMPLOYEES IN THE DEFENSE ACQUISITION WORKFORCE.

    Section 1745(a) of title 10, United States Code, is amended by striking `September 30, 2001' in the second sentence and inserting `September 30, 2010'.

SEC. 1105. 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 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.

    (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 stated 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. 1106. 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--

      `(1) is established by law or Executive order for a specific period not in excess of 3 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 an Executive agency 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- (1) An employee appointed under subsection (b) shall be afforded the same benefits and entitlements as are provided other employees under subpart G of part III of this title, except that a full-time employee shall be eligible for life insurance under chapter 87 of this title and health benefits under chapter 89 of this title immediately upon appointment to the position of full-time employment without regard to the duration of the temporary organization or of the appointment to that position of the temporary organization.

    `(2) Until an employee of a temporary organization has completed one year of continuous service in the civil service, there shall be withheld from the employee's pay the following:

      `(A) In the case of an employee insured pursuant to paragraph (1) by an insurance policy purchased by the Office under chapter 87 of this title, the amount equal to the amount of the Government contribution under section 8708 of this title, as well as the amount required to be withheld from the pay of the employee under section 8707 of this title, all of which shall be deposited in the Treasury of the United States to the credit of the Employees' Life Insurance Fund referred to in section 8714 of this title.

      `(B) In the case of an employee participating pursuant to paragraph (1) in a Federal Employees Health Benefits plan under chapter 89 of this title, the amount equal to the amount of the Government contribution under section 8906 of this title, as well as the amount required to be withheld from the pay of the employee under section 8906 of this title, all of which shall be paid into the Employees Health Benefits Fund referred to in section 8909 of this title.

    `(3) No contribution shall be made by the United States for an employee under section 8708 or 8906 of this title for any period for which subparagraph (A) or (B), respectively, of paragraph (2) applies to the employee.

    `(g) RETURN RIGHTS- An employee serving under a career or career conditional appointment or the equivalent in an agency 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.'.

SEC. 1107. 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. 1108. ELECTRONIC MAINTENANCE OF PERFORMANCE APPRAISAL SYSTEMS.

    Section 4302 of title 5, United States Code, is amended by adding at the end the following:

    `(c) The head of an agency may administer and maintain its performance appraisal systems electronically in accordance with regulations which the Office shall prescribe.'.

SEC. 1109. 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. 1110. 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 and not otherwise used during the temporary promotion upon the expiration or termination of the temporary promotion; and'.

SEC. 1111. LIFE INSURANCE FOR EMERGENCY ESSENTIAL DEPARTMENT OF DEFENSE EMPLOYEES.

    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.'.

SEC. 1112. CIVILIAN PERSONNEL SERVICES PUBLIC-PRIVATE COMPETITION PILOT PROGRAM.

    (a) PROGRAM REQUIRED- The Secretary of Defense shall establish a pilot program to assess the extent to which the effectiveness and efficiency of the performance of civilian personnel services for the Department of Defense could be increased by conducting competitions for the performance of such services between the public and private sectors. The pilot program under this section shall be known as the `Civilian Personnel Services Public-Private Competition Program'.

    (b) CIVILIAN PERSONNEL REGIONS TO BE INCLUDED- (1) The pilot program shall be carried out in four civilian personnel regions, as follows:

      (A) In one region, for the civilian personnel services for the Department of the Army.

      (B) In two regions, for the civilian personnel services for the Department of the Navy.

      (C) In one region, for the civilian personnel services for any military department or for any organization within the Department of Defense that is not within a military department.

    (2) The Secretary shall designate the regions to participate in the pilot program. The Secretary shall select the regions for designation from among the regions where the conduct of civilian personnel operations are most conducive to public-private competition. In making the selections, the Secretary shall consult with the Secretary of the Army, the Secretary of the Navy, and the Director of Washington Headquarters Services.

    (c) RIGHT OF FIRST REFUSAL FOR DISPLACE FEDERAL EMPLOYEES- The Secretary of Defense shall take the actions necessary to ensure that, in the case of a conversion to private sector performance under the pilot program, employees of the United States who are displaced by the conversion have the right of first refusal for jobs for which they are qualified that are created by the conversion.

    (d) DURATION AND COVERAGE OF THE PROGRAM- The pilot program shall be carried out during the period beginning on October 1, 2000, and ending on December 31, 2004.

    (e) AUTHORITY TO EXPAND PROGRAM- The Secretary may expand the pilot program to include other regions.

    (f) REPORT- Not later than February 1, 2005, the Secretary shall submit a report on the pilot program to the Committees on Armed Services of the Senate and the House of Representatives. The report 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 the performance of civilian personnel services for the Department of Defense in the regions covered by the pilot program, as compared to the performance of civilian personnel services for the department in regions not included in the pilot program.

      (2) Any recommendations for legislation or other action that the Secretary considers appropriate to increase the effectiveness and efficiency of the performance of civilian personnel services for the Department of Defense in all regions.

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

        `(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.'.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

SEC. 1201. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.

    (a) AUTHORITY TO TRANSFER-

      (1) AUSTRALIA- The Secretary of the Navy is authorized to transfer to the Government of Australia the `KIDD' class guided missile destroyers KIDD (DDG 993), CALLAGHAN (DDG 994), SCOTT (DDG 995), and CHANDLER (DDG 996). Each such transfer shall be on a combined lease-sale basis under sections 61 and 21 of the Arms Export Control Act (22 U.S.C. 2796 and 2761).

      (2) BRAZIL- The Secretary of the Navy is authorized to transfer to the Government of Brazil the `THOMASTON' class dock landing ships ALAMO (LSD 33) and HERMITAGE (LSD 34), and the `GARCIA' class frigates BRADLEY (FF 1041), DAVIDSON (FF 1045), SAMPLE (FF 1048) and ALBERT DAVID (FF 1050). Each such transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).

      (3) CHILE- The Secretary of the Navy is authorized to transfer to the Government of Chile the `OLIVER HAZARD PERRY' class guided missile frigates WADSWORTH (FFG 9), and ESTOCIN (FFG 15). Each such transfer shall be on a combined lease-sale basis under sections 61 and 21 of the Arms Export Control Act (22 U.S.C. 2796 and 2761).

      (4) EGYPT- The Secretary of the Navy is authorized to transfer to the Government of Egypt the `DIXIE' class destroyer tender YOSEMITE (AD 19). The transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).

      (5) GREECE- The Secretary of the Navy is authorized to transfer to the Government of Greece the `KNOX' class frigates VREELAND (FF 1068) and TRIPPE (FF 1075). Each such transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).

      (6) TURKEY- (A) The Secretary of the Navy is authorized to transfer to the Government of Turkey the `OLIVER HAZARD PERRY' class guided missile frigates JOHN A. MOORE (FFG 19) and FLATLEY (FFG 21). Each transfer under the authority of this subsection shall be on a combined lease-sale basis under sections 61 and 21 of the Arms Export Control Act (22 U.S.C. 2796 and 2761).

      (B) The authority provided under subparagraph (A) is in addition to the authority provided under section 1018(a)(9) of Public Law 106-65 (113 Stat. 745) for the Secretary of the Navy to transfer such vessels to the Government of Turkey on a sale basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761).

    (b) 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.

    (c) 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)).

    (d) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARDS- To the maximum extent practicable, the Secretary of the Navy 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.

    (e) CONDITIONS RELATING TO COMBINED LEASE-SALE TRANSFERS- A transfer of a vessel on a combined lease-sale basis authorized by subsection (a) shall be made in accordance with the following requirements:

      (1) The Secretary of the Navy 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.

      (2) The Secretary 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 Secretary 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.

    (f) 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 (a). Amounts so appropriated shall be available only for the purpose of paying those costs.

    (g) EXPIRATION OF AUTHORITY- The authority provided under subsection (a) shall expire at the end of the two-year period beginning on the date of the enactment of this Act.

SEC. 1202. 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. 1203. 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. 1204. WESTERN HEMISPHERE INSTITUTE FOR PROFESSIONAL EDUCATION AND TRAINING.

    (a) IN GENERAL- Chapter 108 of title 10, United States Code, is amended by adding at the end the following:

`Sec. 2166. Western Hemisphere Institute for Professional Education and Training

    `(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 may be called the Western Hemisphere Institute for Professional Education and Training.

    `(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 the Western Hemisphere within the context of the democratic principles set forth in the Charter of the Organization of American States and supporting agreements, 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 the Western Hemisphere are eligible for education and training at the Institute as follows:

      `(A) Military personnel.

      `(B) Law enforcement personnel.

      `(C) Civilians, whether or not employed by a government of the Western Hemisphere.

    `(2) The selection of foreign personnel for education or training at the Institute is subject to the approval of the Secretary of State.

    `(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 matters 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) Two members of the Senate designated by the President pro tempore of the Senate.

      `(B) Two members of the House of Representatives designated by the Speaker of the House of Representatives.

      `(C) Six persons designated by the Secretary of Defense including, to the extent practicable, at least one member from academia, one member from the religious community, and one member from the human rights community.

      `(D) One person designated by the Secretary of State.

      `(E) For each of the armed forces, the senior military officer responsible for training and doctrine or a designee of that officer.

      `(F) The Commander in Chief of the United States Southern Command or a designee of that officer.

    `(2) The members of the Board shall serve for 2 years except for the members referred to in subparagraphs (A) and (B) of paragraph (1) who may serve until a successor is designated.

    `(3) A vacancy in a position of membership on the Board shall be filled in the same manner as the position was originally filled.

    `(4) The Board shall meet at least once each year.

    `(5)(A) The Board shall inquire into the curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the Institute that the Board decides to consider.

    `(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 described in subsection (d)(1).

    `(6) Not later than 60 days after its annual meeting, the Board shall submit to the Secretary of Defense a written report of its action and of its views and recommendations pertaining to the Institute.

    `(7) Members of the Board may not be compensated for service on the Board. In the case of officers or employees of the United States serving on the Board as part of their official duties, compensation paid to the members as officers or employees of the United States shall not be considered compensation for service on the Board.

    `(8) With the approval of the Secretary of Defense, the Board may accept and use the services of voluntary and noncompensated advisers appropriate to the duties of the Board without regard to section 1342 of title 31.

    `(9) Members of the Board and advisers whose services are accepted under paragraph (8) 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.

    `(10) 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--

      `(1) may be paid from funds available to the Army for operation and maintenance; and

      `(2) may not be paid out of the proceeds of tuition fees charged for professional education and training at the Institute.

    `(g) 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 Secretary shall coordinate the preparation of the report with the heads of department and agencies of the United States that have official interests in the activities of the Institute, as determined by the Secretary.'.

    (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:

      `2166. Western Hemisphere Institute for Professional Education and Training.'.

    (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. 1205. BIANNUAL REPORT ON KOSOVO PEACEKEEPING.

    (a) REQUIREMENT FOR PERIODIC REPORT- Beginning on December 1, 2000, and every six months thereafter, the President shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on International Relations of the House of Representatives a report on the contributions of European nations and organizations to the peacekeeping operations in Kosovo.

    (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 reconstruction assistance in Kosovo, humanitarian assistance in Kosovo, the Kosovo Consolidated Budget, police (including special police) for the United Nations international police force for Kosovo, and 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 such organization or nation.

      (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.

SEC. 1206. MUTUAL ASSISTANCE FOR MONITORING TEST EXPLOSIONS OF NUCLEAR DEVICES.

    (a) AUTHORITY- Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 2350l. Mutual assistance for monitoring test explosions of nuclear devices

    `(a) ACCEPTANCE OF CONTRIBUTIONS- (1) The Secretary of Defense may accept funds, services, or property from a foreign government, an international organization, or any other entity for a purpose described in paragraph (2).

    `(2) Contributions accepted under paragraph (1) may be used only for the development, procurement, installation, operation, repair, or maintenance of equipment for monitoring test explosions of nuclear devices, or for communications relating to the operation of such equipment. The equipment may be installed and used on United States territory, foreign territory (including Antarctica), or in international waters.

    `(3) Any funds accepted under paragraph (1) shall be deposited in an account established by the Secretary for use for the purposes described in paragraph (2), and shall be available, without fiscal year limitation, for use by Department of Defense officials authorized by the Secretary of Defense for contracts, grants, or other forms of acquisition for such purposes.

    `(b) AUTHORITY TO PROVIDE MONITORING ASSISTANCE- (1) To satisfy obligations of the United States to monitor test explosions of nuclear devices, the Secretary of Defense may provide a foreign government with assistance for the monitoring of such tests, but only in accordance with an agreement satisfying the requirements of paragraph (3).

    `(2) The assistance authorized under paragraph (1) is as follows:

      `(A) A loan or conveyance of--

        `(i) equipment for monitoring test explosions of nuclear devices; and

        `(ii) associated equipment.

      `(B) The installation of such equipment on foreign territory or in international waters.

    `(3) Assistance for a foreign government under this subsection shall be subject to an agreement entered into between the United States and the foreign government that ensures the following:

      `(A) That the Secretary has timely access to data that is produced, collected, or generated by equipment loaned or conveyed to the foreign government under the agreement.

      `(B) That the Secretary--

        `(i) has access to that equipment for purposes of inspecting, testing, maintaining, repairing, or replacing the equipment; and

        `(ii) may take such actions as are necessary to meet United States obligations to inspect, test, maintain, repair, or replace the equipment.

    `(c) DELEGATION- The Secretary may delegate authority to carry out subsection (a) or (b) only to the Under Secretary of Defense for Acquisition, Technology, and Logistics or the Secretary of the Air Force. Authority so delegated may be further delegated.'.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter II of such chapter is amended by inserting after the item relating to section 2350k the following new item:

      `2350l. Mutual assistance for monitoring test explosions of nuclear devices.'.

SEC. 1207. ANNUAL REPORT ON ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.

    (a) ANNUAL REPORT CONSOLIDATING DISPARATE REPORT REQUIREMENTS- (1) Chapter 23 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 488. Annual report 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 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;

        `(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 description of--

        `(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 (b)(5) in a report under this section. Such views shall be included in such report as a classified annex to such report.

    `(e) COMPTROLLER GENERAL ASSESSMENT- Not later than 60 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 report under subsection (a), including any recommendations regarding the report under subsection (a) that the Comptroller General considers appropriate.'.

    (2) The table of sections at the beginning of chapter 23 of such title is amended by adding at the end the following new item:

      `488. Annual report on activities and assistance under Cooperative Threat Reduction programs.'.

    (b) FIRST REPORT- The first report submitted under section 488 of title 10, United States Code, as added by subsection (a), shall be submitted in 2002.

    (c) 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 for Cooperative Threat Reduction.

      (C) 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.

      (D) 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.

      (E) 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) 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).

SEC. 1208. LIMITATION ON USE OF FUNDS FOR CONSTRUCTION OF A RUSSIAN FACILITY FOR THE DESTRUCTION OF CHEMICAL WEAPONS.

    Section 1305 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 794; 22 U.S.C. 5952 note) is amended to read as follows:

`SEC. 1305. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION.

    `(a) LIMITATION- No fiscal year 2000 Cooperative Threat Reduction funds, and no funds appropriated for Cooperative Threat Reduction programs after the date of the enactment of this Act, may be obligated or expended for any fiscal year for the purpose of the construction of the Shchuch'ye chemical weapons destruction facility in Russia before the date that is 30 days after the Secretary of Defense certifies in writing to the Committees on Armed Services of the Senate and the House of Representatives for that fiscal year that each of the following conditions has been met:

      `(1) That the government of the Russian Federation has agreed to provide at least $25,000,000 annually for the construction support and operation of the facility to destroy chemical weapons and for the support and maintenance of the facility for that purpose for each year of the entire operating life-cycle of the facility.

      `(2) That the government of the Russian Federation has agreed to utilize the facility to destroy the remaining four stockpiles of nerve agents, which are located at Kisner, Pochep, Leonidovka, and Maradykovsky.

      `(3) That the United States has obtained multiyear commitments from governments of other countries to donate funds for the support of essential social infrastructure projects for Shchuch'ye in sufficient amounts to ensure that the projects are adequately maintained during the entire operating life-cycle of the facility.

      `(4) That Russia has agreed to destroy its chemical weapons production facilities at Volgograd and Novocheboksark.

    `(b) TIMING OF CERTIFICATIONS- The certification under subsection (a) for any fiscal year shall be submitted prior to the obligation of funds in such fiscal year for the purpose specified in that subsection.'.

SEC. 1209. 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

      (2) any cost-sharing arrangements between the United States Government and the Government of the Russian Federation in undertaking activities under such agreement.

TITLE XIII--NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO

SEC. 1301. ASSISTANCE FOR ECONOMIC GROWTH ON VIEQUES.

    (a) AUTHORITY- The President may provide economic assistance under this section for the people and communities of the island of Vieques.

    (b) MAXIMUM AMOUNT- The total amount of economic assistance provided under this section may, subject to section 1303(b), be any amount up to $40,000,000.

SEC. 1302. REQUIREMENT FOR REFERENDUM ON CONTINUATION OF NAVY TRAINING.

    (a) REFERENDUM-

      (1) REQUIREMENT- The President shall, except as provided in paragraph (2), provide for a referendum to be conducted on the island of Vieques to determine by a majority 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 on 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 a 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- A 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 a 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 a 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.

    (f) VIEQUES ELECTORATE DEFINED- 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, as of the date that is 180 days before the date of the referendum, have an electoral domicile on, and are duly registered to vote on, the island of Vieques under the laws of the Commonwealth of Puerto Rico.

SEC. 1303. 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 1302 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 on the conditions described in subsection (d) of that section is approved in a referendum conducted under that section.

    (b) ADDITIONAL ECONOMIC ASSISTANCE- The President may provide economic assistance for the people and communities of the island of Vieques in a total amount up to $50,000,000 in addition to the total amount of economic assistance authorized to be provided under section 1301.

SEC. 1304. 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 1302 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 on the conditions described in subsection (d) of that section is not approved in the referendum conducted under that section.

      (2) The requirement for a referendum under section 1302 ceases to be effective under subsection (a)(2) of that section.

    (b) ACTIONS REQUIRED OF SECRETARY OF DEFENSE- The Secretary of Defense--

      (1) shall, not later than May 1, 2003--

        (A) terminate all Navy and Marine Corps training operations on the island of Vieques; and

        (B) terminate all Navy and Marine Corps operations at Roosevelt Roads, Puerto Rico, that are related to the use of the training range on the island of Vieques by the Navy and the Marine Corps.

      (2) 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 Roosevelt Roads, Puerto Rico, to ensure maximum utilization of capacity;

      (3) shall close the Department of Defense installations and facilities on the island of Vieques (other than properties exempt from transfer under section 1305); and

      (4) shall, except as provided in section 1305, transfer to the Secretary of the Interior--

        (A) the Live Impact Area on the island of Vieques;

        (B) all Department of Defense real properties on the eastern side of that island that are identified as conservation zones; and

        (C) all other Department of Defense real properties on the eastern side of that island.

    (c) ACTIONS REQUIRED OF SECRETARY OF THE INTERIOR- The Secretary of the Interior shall retain, and may not dispose of any of, the properties transferred under subsection (b)(4) pending the enactment of a law that addresses the disposition of those properties.

    (d) GAO REVIEW-

      (1) REQUIREMENT FOR REVIEW- The Comptroller General shall review the requirement for the continued use of Fort Buchanan by active Army forces and shall submit to the congressional defense committees a report on the review. The report shall contain the following:

        (A) FINDINGS- The findings resulting from the review.

        (B) RECOMMENDATIONS- Recommendations regarding the closure of Fort Buchanan and the consolidation of United States military forces to 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 of the referendum conducted under section 1302 or the date on which a certification is submitted to the congressional defense committees under section 1302(a)(2), as the case may be.

SEC. 1305. EXEMPT PROPERTY.

    (a) IN GENERAL- The Department of Defense properties and property interests described in subsection (b) may not be 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:

      (1) ROTHR SITE- The site for relocatable over-the-horizon radar.

      (2) TELECOMMUNICATIONS SITES- The Mount Pirata telecommunications sites.

      (3) ASSOCIATED INTERESTS- Any easements, rights-of-way, and other interests in property that the Secretary of Defense 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 the property.

SEC. 1306. 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 facilities authorized before the date of the enactment of this Act.

    (c) TERMINATION- This subsection shall cease to be effective upon the issuance of a proclamation described in section 1303(a).

SEC. 1307. PROPERTY TRANSFERRED TO SECRETARY OF THE INTERIOR.

    (a) TRANSFERS REQUIRED- Not later than September 30, 2005, the Secretary of Defense shall, except as provided in section 1305, transfer to the Secretary of the Interior all Department of Defense real properties on the western part of the island of Vieques that are identified as conservation zones.

    (b) 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.) all properties transferred to the Secretary under this section.

SEC. 1308. LIVE IMPACT AREA.

    (a) RESPONSIBILITY FOR LIVE IMPACT AREA- Upon a termination of Navy and Marine Corps training operations on the island of Vieques under section 1304(b), and pending the enactment of a law that addresses the disposition of the Live Impact Area, the Secretary of the Interior shall assume responsibility for the administration of the Live Impact Area and deny public access to the area.

    (b) LIVE IMPACT AREA DEFINED- In this title, 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.

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.

    (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                    $23,400,000    
        Alaska Fort Richardson                     $3,000,000     
       Arizona Fort Huachuca                       $1,250,000     
    California Fort Irwin                          $31,000,000    
       Georgia Fort Benning                        $15,800,000    
        Hawaii Pohakuloa Training Range            $32,000,000    
               Wheeler Army Air Field              $43,800,000    
        Kansas Fort Riley                          $22,000,000    
      Maryland Aberdeen Proving Ground             $3,100,000     
               Fort Meade                          $19,000,000    
      Missouri Fort Leonard Wood                   $61,200,000    
North Carolina Fort Bragg                          $222,200,000   
               Sunny Point Military Ocean Terminal $2,300,000     
          Ohio Columbus                            $1,832,000     
      Oklahoma Fort Sill                           $10,100,000    
  Pennsylvania Carlisle Barracks                   $10,500,000    
               New Cumberland Army Depot           $3,700,000     
         Texas Fort Bliss                          $26,000,000    
               Fort Hood                           $26,000,000    
               Red River Army Depot                $800,000       
      Virginia Fort Eustis                         $4,450,000     
                 Total:                              $563,432,000 

    (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, Bamberg   $11,650,000 
        Area Support Group, Darmstadt $11,300,000 
        Kaiserslautern                $3,400,000  
        Mannheim                      $4,050,000  
  Korea Camp Humphreys                $14,200,000 
        Camp Page                     $19,500,000 
          Total:                      $64,100,000 

    (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 $11,500,000 

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 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 County Installation or location Purpose   Amount         

         Alaska Fort Wainwright          72 Units  $24,000,000    
        Arizona Fort Huachuca            110 Units $16,224,000    
         Hawaii Schofield Barracks       72 Units  $15,500,000    
       Kentucky Fort Campbell            56 Units  $7,800,000     
                Fort Campbell            128 Units $20,000,000    
       Maryland Fort Detrick             48 Units  $5,600,000     
 North Carolina Fort Bragg               112 Units $14,600,000    
 South Carolina Fort Jackson             1 Unit    $250,000       
          Texas Fort Bliss               64 Units  $10,200,000    
                Fort Sam Houston         80 Units  $10,000,000    
          Korea Camp Humphreys           60 Units  $21,800,000    
                  Total:                             $145,974,000 

    (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 $8,742,000.

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- 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 the Army in the total amount of $1,978,295,000 as follows:

      (1) For military construction projects inside the United States authorized by section 2101(a), $372,832,000.

      (2) For military construction projects outside the United States authorized by section 2101(b), $64,100,000.

      (3) For military construction projects at unspecified worldwide locations authorized by section 2101(c), $11,500,000.

      (4) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $15,000,000.

      (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $97,482,000.

      (6) For military family housing functions:

        (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $218,306,000.

        (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $978,275,000.

      (7) For the construction of the Ammunition Demilitarization Facility, Pine Bluff Arsenal, Arkansas, authorized in 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.

      (8) For the construction of the Ammunition Demilitarization Facility Phase 6, Umatilla Army Depot, Oregon, authorized in 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.

      (9) For the construction of the Ammunition Demilitarization Facility Phase 2, Pueblo Army Depot, Colorado, authorized in 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.

      (10) For the construction of the Ammunition Demilitarization Facility Phase 3, Newport Army Depot, Indiana, authorized in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1999 (112 Stat. 2193), $54,400,000.

      (11) For the construction of the Ammunition Demilitarization Facility phase 3, Aberdeen Proving Ground, Maryland, authorized in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1999, $45,700,000.

      (12) For the construction of the railhead facility, Fort Hood, Texas, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1999, as amended by section 2106 of this Act, $9,800,000.

      (13) For the construction of a Barracks Complex--Infantry Drive Phase 1C, Fort Riley, Kansas, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1999, as amended by section 2106 of this Act, $10,000,000.

      (14) For the construction of a Multipurpose Digital Range Phase 3, Fort Knox, Kentucky, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1999, $600,000.

      (15) For the construction of the Chemical Defense Qualification Facility, Pine Bluff Arsenal, Arkansas, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2000 (113 Stat. 825), $2,592,000.

      (16) For the construction of a Barracks Complex--Wilson Street Phase 1B, Schofield Barracks, Hawaii, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2000, $22,400,000.

      (17) For the construction of the Ammunition Demilitarization Support Phase 2, Blue Grass Army Depot, Kentucky, authorized in section 2401(a) the Military Construction Act for Fiscal Year 2000 (113 Stat. 836), $8,500,000.

      (18) For the construction of a Barracks Complex--Tagaytay Street Phase 2B, Fort Bragg, North Carolina, authorized in section 2101(a) of the Military Construction Act for Fiscal Year 2000, $3,108,000.

    (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 a barracks complex, Longstreet Road Phase I at Fort Bragg, North Carolina);

      (5) $104,000,000 (the balance of the amount authorized under section 2101(a) for the construction of a barracks complex, Bunter Road Phase I at Fort Bragg, North Carolina); and

      (6) $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 (18) of subsection (a) is the sum of the amounts authorized to be appropriated by those paragraphs, reduced by $20,546,000 which represents savings in the foreign currency account.

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; and

      (3) by striking the amount identified as the total in the amount column and inserting `$956,750,000'.

    (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) by striking paragraph (7) of subsection (b).

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 the matter preceding subsection (a), by striking `$2,098,713,000' and inserting `$2,111,513,000';

      (2) in subsection (a)(1)(1), by striking `$609,076,000' and inserting `$622,581,000'; and

      (3) 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 further 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 State 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, 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 under paragraph (1) until expended.

TITLE XXII--NAVY

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, Yuma                                $8,200,000   
                     Navy Detachment, Camp Navajo                                  $2,940,000   
          California Marine Corps Air Station, Miramar                             $7,350,000   
                     Marine Corps Air-Ground Combat Center, Twentynine Palms       $2,100,000   
                     Marine Corps Base, Camp Pendleton                             $8,100,000   
                     Naval Air Station, Lemoore                                    $8,260,000   
                     Naval Air Warfare Center Weapons Division, Point Mugu         $11,400,000  
                     Naval Aviation Depot, North Island                            $4,340,000   
                     Naval Facility, San Clemente Island                           $8,860,000   
                     Naval Ship Weapons Systems Engineering Station, Port Hueneme  $10,200,000  
                     Naval Station, San Diego                                      $53,200,000  
         Connecticut Naval Submarine Base, New London                              $3,100,000   
       CONUS Various CONUS Various                                                 $11,500,000  
District of Columbia Marine Corps Barracks                                         $17,197,000  
                     Naval District, Washington                                    $2,450,000   
                     Naval Research Laboratory, Washington                         $12,390,000  
             Florida Coastal System Station, Panama City                           $9,960,000   
                     Naval Air Station, Whiting Field, Milton                      $5,130,000   
                     Naval Surface Warfare Center Detachment, Ft. Lauderdale       $3,570,000   
             Georgia Marine Corps Logistics Base, Albany                           $1,100,000   
                     Trident Refit Facility, Kings Bay                             $5,200,000   
              Hawaii Fleet Industrial Supply Center, Pearl Harbor                  $12,000,000  
                     Naval Undersea Weapons Station Detachment, Lualualei          $2,100,000   
                     Marine Corps Air Station, Kaneohe                             $18,400,000  
                     Naval Station, Pearl Harbor                                   $37,600,000  
            Illinois Naval Training Center, Great Lakes                            $121,400,000 
               Maine Naval Air Station, Brunswick                                  $2,450,000   
                     Naval Ship Yard, Portsmouth                                   $4,960,000   
            Maryland Naval Explosive Ordinance Disposal Tech Division, Indian Head $6,430,000   
         Mississippi Naval Air Station, Meridian                                   $6,230,000   
                     Naval Oceanographic Office, Stennis Space Center              $6,950,000   
              Nevada Naval Air Station, Fallon                                     $6,280,000   
          New Jersey Naval Weapons Station, Earle                                  $2,420,000   
      North Carolina Marine Corps Air Station, Cherry Point                        $8,480,000   
                     Marine Corps Air Station, New River                           $3,400,000   
                     Marine Corps Base, Camp LeJeune                               $45,870,000  
                     Naval Aviation Depot, Cherry Point                            $7,540,000   
        Rhode Island Naval Undersea Warfare Center Division, Newport               $4,150,000   
      South Carolina Marine Corps Air Station, Beaufort                            $3,140,000   
                     Marine Corps Recruit Depot, Parris Island                     $2,660,000   
               Texas Naval Air Station, Kingsville                                 $2,670,000   
            Virginia AEGIS Combat Systems Center, Wallops Island                   $3,300,000   
                     Marine Corps Combat Development Command, Quantico             $8,590,000   
                     Naval Air Station, Oceana                                     $5,250,000   
                     Naval Air Station, Norfolk                                    $31,450,000  
                     Naval Amphibious Base, Little Creek                           $2,830,000   
                     Naval Shipyard, Norfolk, Portsmouth                           $16,100,000  
                     Naval Station, Norfolk                                        $4,700,000   
                     Naval Surface Warfare Center, Dahlgren                        $30,700,000  
          Washington Naval Station, Everett                                        $5,500,000   
                     Naval Submarine Base, Bangor                                  $4,600,000   
                     Puget Sound Naval Shipyard, Bremerton                         $78,460,000  
                     Strategic Weapons Facility Pacific, Bremerton                 $1,400,000   
                       Total:                                                      $694,557,000 

    (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 Unit        $19,400,000 
            Italy Naval Air Station, Sigonella       $32,969,000 
                  Naval Support Activity, Naples     $15,000,000 
Various Locations Host Nation Infrastructure Support $142,000    
                    Total:                           $67,511,000 

SEC. 2202. FAMILY HOUSING.

    (a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant to the authorization of appropriations in section 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 Combat Center, Twentynine Palms 79 Units  $13,923,000  
               Naval Air Station, Lemoore                              160 Units $27,768,000  
        Hawaii Commander Naval Base, Pearl Harbor                      112 Units $23,654,000  
               Commander Naval Base, Pearl Harbor                      62 Units  $14,237,000  
               Commander Naval Base, Pearl Harbor                      98 Units  $22,230,000  
               Marine Corps Air Station, Kaneohe Bay                   84 Units  $21,910,000  
         Maine Naval Air Station, Brunswick                            168 Units $18,722,000  
   Mississippi Naval Station, Pascagoula                               140 Units $21,605,000  
North Carolina Camp LeJeune                                            149 Units $7,838,000   
    Washington Naval Air Station, Whidbey Island                       98 Units  $16,873,000  
                                                                         Total:  $188,760,000 

    (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 $183,547,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

    (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 the Navy in the total amount of $2,095,163,000 as follows:

      (1) For military construction projects inside the United States authorized by section 2201(a), $633,537,000.

      (2) For military construction projects outside the United States authorized by section 2201(b), $66,571,000.

      (3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $7,659,000.

      (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $64,093,000.

      (5) For military family housing functions:

        (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $392,265,000.

        (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) $12,390,000 (the balance of the amount authorized under section 2201(a) for construction of a Nano Science Research Laboratory, Washington, District of Columbia);

      (4) $4,000,000 (the balance of the amount authorized under section 2201(a) for construction of armories at Marine Corps Base, Camp LeJeune, North Carolina);

      (5) $2,670,000 (the balance of the amount authorized under section 2201(a) for construction of an aircraft parking apron at Naval Air Station, Kingsville, Texas);

      (6) $24,460,000 (the balance of the amount authorized under section 2201(a) for replacement of a pier at Naval Ship Yard, Bremerton, Puget Sound, Washington); and

      (7) $940,000 (the balance of the amount authorized under section 2201(b) for construction of community facilities at Naval Air Station, Sigonella, Italy).

    (c) ADJUSTMENT- 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 by such paragraphs, reduced by $9,351,000 which represents $3,960,000 for savings in the foreign currency account and $5,391,000 from prior year unobligated funds.

SEC. 2205. CORRECTION IN AUTHORIZED USE OF FUNDS, 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 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.

    (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 Base       $7,900,000   
            Arkansas Little Rock Air Force Base         $18,319,000  
          California Beale Air Force Base               $10,099,000  
                     Los Angeles Air Force Base         $6,580,000   
                     Vandenberg Air Force Base          $4,650,000   
            Colorado Buckley Air National Guard Base    $2,750,000   
                     Peterson Air Force Base            $20,086,000  
                     Schriever Air Force Base           $8,450,000   
                     United States Air Force Academy    $18,960,000  
    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             $25,300,000  
             Georgia Fort Stewart/Hunter Army Air Field $4,920,000   
                     Moody Air Force Base               $11,318,000  
                     Robins Air Force Base              $4,095,000   
              Hawaii Hickam Air Force Base              $4,620,000   
               Idaho Mountain Home Air Force Base       $10,125,000  
            Illinois Scott Air Force Base               $3,830,000   
              Kansas McConnell Air Force Base           $2,100,000   
           Louisiana Barksdale Air Force Base           $20,464,000  
       Massachusetts Hanscom Air Force Base             $17,851,000  
         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  
            Nebraska Offut Air Force Base               $9,765,000   
          New Jersey McGuire Air Force Base             $9,772,000   
          New Mexico Cannon Air Force Base              $4,934,000   
                     Holloman Air Force Base            $18,380,000  
                     Kirtland Air Force Base            $7,352,000   
      North Carolina Pope Air Force Base                $24,570,000  
                Ohio Wright-Patterson Air Force Base    $22,600,000  
            Oklahoma Altus Air Force Base               $2,939,000   
                     Tinker Air Force Base              $18,180,000  
                     Vance Air Force Base               $10,504,000  
      South Carolina Charleston Air Force Base          $22,238,000  
                     Shaw Air Force Base                $2,850,000   
        South Dakota Ellsworth Air Force Base           $10,290,000  
               Texas Dyess Air Force Base               $24,988,000  
                     Lackland Air Force Base            $10,330,000  
                Utah Hill Air Force Base                $28,050,000  
            Virginia Langley Air Force Base             $7,470,000   
          Washington Fairchild Air Force Base           $2,046,000   
                     McChord Air Force Base             $10,250,000  
             Wyoming F.E. Warren Air Force Base         $36,114,000  
                       Total:                           $649,237,000 

    (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      

District of Columbia Bolling Air Force Base       136 Units $17,137,000 
               Idaho Mountain Home Air Force Base 136 Units $22,694,000 
        North Dakota Cavalier Air Force Station   2 Units   $443,000    
                     Minot Air Force Base         134 Units $19,097,000 
                                                    Total:  $59,371,000 

    (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 $13,730,000.

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- 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 the Air Force in the total amount of $1,851,909,000 as follows:

      (1) For military construction projects inside the United States authorized by section 2301(a), $649,237,000.

      (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, $9,850,000.

      (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $71,529,000.

      (5) For military housing functions:

        (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $247,147,000.

        (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 the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a).

    (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 by such paragraphs, reduced by $33,846,000, which represents $12,231,000 for savings in the foreign currency account and $21,615,000 from prior year unobligated funds.

TITLE XXIV--DEFENSE AGENCIES

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       

  Defense Education Activity Camp LeJeune, North Carolina                                         $5,914,000   
                             Laurel Bay, South Carolina                                           $804,000     
    Defense Logistics Agency Defense Distribution Depot Susquehanna, New Cumberland, Pennsylvania $17,700,000  
                             Defense Fuel Support Point, Cherry Point, North Carolina             $5,700,000   
                             Defense Fuel Support Point, MacDill Air Force Base, Florida          $16,956,000  
                             Defense Fuel Support Point, McConnell Air Force Base, Kansas         $11,000,000  
                             Defense Fuel Support Point, Naval Air Station, Fallon, Nevada        $5,000,000   
                             Defense Fuel Support Point, North Island, California                 $5,900,000   
                             Defense Fuel Support Point, Oceana Naval Air Station, Virginia       $2,000,000   
                             Defense Fuel Support Point, Patuxent River, Maryland                 $8,300,000   
                             Defense Fuel Support Point, Twentynine Palms, California             $2,200,000   
                             Defense Supply Center, Richmond, Virginia                            $4,500,000   
    National Security Agency Fort Meade, Maryland                                                 $4,228,000   
  Special Operations Command Classified Location                                                  $2,303,000   
                             Eglin Auxiliary Field 9, Florida                                     $23,204,000  
                             Fleet Combat Training Center, Dam Neck, Virginia                     $5,500,000   
                             Fort Bragg, North Carolina                                           $8,600,000   
                             Fort Campbell, Kentucky                                              $16,300,000  
                             Naval Air Station, North Island, California                          $1,350,000   
                             Naval Air Station, Oceana, Virginia                                  $3,400,000   
                             Naval Amphibious Base, Coronado, California                          $4,300,000   
                             Naval Amphibious Base, Little Creek, Virginia                        $5,400,000   
Tri-Care Management Activity Edwards Air Force Base, California                                   $17,900,000  
                             Marine Corps Base, Camp Pendleton, California                        $14,150,000  
                             Eglin Air Force Base, Florida                                        $37,600,000  
                             Fort Drum, New York                                                  $1,400,000   
                             Patrick Air Force Base, Florida                                      $2,700,000   
                             Tyndall Air Force Base, Florida                                      $7,700,000   
                               Total:                                                             $242,009,000 

    (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                                                          $1,026,000   
                                       Hohenfels, Germany                                                      $13,774,000  
                                       Royal Air Force, Feltwell, United Kingdom                               $1,287,000   
                                       Royal Air Force, Lakenheath, United Kingdom                             $3,086,000   
                                       Schweinfurt, Germany                                                    $1,444,000   
                                       Sigonella, Italy                                                        $971,000     
                                       Wuerzburg, Germany                                                      $1,798,000   
Defense Finance and Accounting Service Kleber Kaserne, Germany                                                 $7,500,000   
              Defense Logistics Agency Defense Fuel Support Point, Andersen Air Force Base, Guam               $36,000,000  
                                       Defense Fuel Support Point, Marine Corps Air Station, Iwakuni, Japan    $22,400,000  
                                       Defense Fuel Support Point, Misawa Air Base, Japan                      $26,400,000  
                                       Defense Fuel Support Point, Royal Air Force, Mildenhall, United Kingdom $10,000,000  
                                       Defense Fuel Support Point, Sigonella, Italy                            $16,300,000  
       Defense Threat Reduction Agency Darmstadt, Germany                                                      $2,450,000   
            Special Operations Command Roosevelt Roads, Puerto Rico                                            $1,241,000   
                                       Taegu, Korea                                                            $1,450,000   
            Tri-Care Management Agency Kitzingen, Germany                                                      $1,400,000   
                                       Naval Support Activity, Naples, Italy                                   $43,850,000  
                                       Wiesbaden Air Base, Germany                                             $7,187,000   
                                         Total:                                                                $199,564,000 

    (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 $16,785,000.

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 $1,912,703,000 as follows:

      (1) For military construction projects inside the United States authorized by section 2401(a), $242,009,000.

      (2) For military construction projects outside the United States authorized by section 2401(b), $199,564,000.

      (3) For the 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, $10,000,000.

      (6) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $78,605,000.

      (7) For energy conservation projects authorized by section 2404 of this Act, $16,785,000.

      (8) For base closure and realignment activities as authorized by 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), $1,174,369,000.

      (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 construction of a replacement hospital at Fort Wainwright, Alaska, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 836), $44,000,000.

    (b) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS- Notwithstanding the cost variation 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--

      (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 (6) of subsection (a) is the sum of the amounts authorized to be appropriated by such paragraphs, reduced by $7,155,000 which represents savings in the foreign currency account.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

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 for the North Atlantic Treaty Organization Security Investment program authorized by section 2501, in the amount of $190,000,000.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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 therefore, 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, $181,629,000; and

        (B) for the Army Reserve, $92,497,000.

      (2) For the Department of the Navy, for the Naval and Marine Corps Reserve, $38,091,000.

      (3) For the Department of the Air Force--

        (A) for the Air National Guard of the United States, $161,806,000; and

        (B) for the Air Force Reserve, $32,673,000.

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

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 therefore) shall expire on the later of--

      (1) October 1, 2003; or

      (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 therefore) 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 (56 units)  $7,900,000  
   Texas Fort Hood                Family Housing Construction (130 units) $18,800,000 

Navy: Extension of 1998 Project Authorizations

     State Installation or location                                Project                                             Amount      

California Naval Complex, San Diego                                Replacement Family Housing Construction (94 units)  $13,500,000 
California Marine Corps Air Station, Miramar                       Family Housing Construction (166 units)             $28,881,000 
California Marine Corps Air-Ground Combat Center, Twentynine Palms Replacement Family Housing Construction (132 units) $23,891,000 
 Louisiana Naval Complex, New Orleans                              Replacement Family Housing Construction (100 units) $11,930,000 
     Texas Naval Complex, Kingsville and Corpus Christi            Family Housing Construction (212 units)             $22,250,000 
Washington Naval Air Station, Whidbey Island                       Replacement Family Housing Construction (102 units) $16,000,000 

Air Force: Extension of 1998 Project Authorizations

     State Installation or location     Project                             Amount      

   Georgia Robins Air Force Base        Replace Family Housing (60 units)   $6,800,000  
     Idaho Mountain Home Air Force Base Replace Family Housing (60 units)   $11,032,000 
New Mexico Kirtland Air Force Base      Replace Family Housing (180 units)  $20,900,000 
     Texas Dyess Air Force Base         Construct Family Housing (70 units) $10,503,000 

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:
Navy: Extension of 1997 Project Authorizations

         State Installation or location                          Project                                 Amount      

       Florida Navy Station, Mayport                             Family Housing Construction (100 units) $10,000,000 
North Carolina Marine Corps Base, Camp Lejuene                   Family Housing Construction (94 units)  $10,110,000 
South Carolina Marine Corps Air Station, Beaufort                Family Housing Construction (140 units) $14,000,000 
         Texas Naval Complex, Corpus Christi                     Family Housing Replacement (104 units)  $11,675,000 
               Naval Air Station, Kingsville                     Family Housing Replacement (48 units)   $7,550,000  
      Virginia Marine Corps Combat Development Command, Quantico Infrastructure                          $8,900,000  
    Washington Naval Station, Everett                            Family Housing Construction (100 units) $15,015,000 

Army National Guard: Extension of 1997 Project Authorization

      State Installation or location Project                               Amount     

Mississippi Camp Shelby              Multipurpose Range Complex (Phase II) $5,000,000 

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.

    (a) SENSE OF CONGRESS ON JOINT USE PROJECTS- It is the sense of Congress that in preparing the budget 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 AND REPORT ON 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: evaluation; annual report

    `(a) ANNUAL EVALUATION- The Secretary of Defense shall include with the budget for each fiscal year under section 1105 of title 31, a certification by each Secretary concerned that in evaluating military construction projects for inclusion in the budget for such fiscal year, such Secretary evaluated the feasibility of carrying out such projects as joint use military construction projects.

    `(b) ANNUAL REPORT- (1) Not later than September 30 each year, the Secretary of Defense shall submit to the appropriate committees of Congress a report on joint use military construction projects.

    `(2) Each report under paragraph (1) shall include, for the one-year period ending on the date of the report, the following:

      `(A) The military construction requirements that were evaluated for their feasibility to be carried out through joint use military construction projects, with each such requirement set forth by armed force, component (whether active or reserve component), and location.

      `(B) An estimate of the fiscal year in which each requirement set forth under subparagraph (A) is likely to be met, without regard to the applicability of any future-years defense program, and an assessment of the extent to which such requirement could be met more rapidly through a joint use military construction project.

      `(C) A list of the military construction projects determined to be feasible as joint use military construction projects, including--

        `(i) the number of military personnel and civilian personnel to be served by each such project; and

        `(ii) an estimate of the costs avoidable by carrying out each such project as a joint use military project rather than as an independent military construction project.

    `(c) 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.'.

    (2) The table of sections at the beginning of that subchapter is amended by adding at the end the following new item:

      `2815. Joint use military construction projects: evaluation; annual report.'.

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 exclude from the cost of the improvement of the unit or units concerned the following:

      `(A) The cost of the installation, maintenance, and repair of communications, security, or antiterrorism equipment required by an occupant of the unit or units to perform duties assigned as a member of the armed forces.

      `(B) The cost of repairing or replacing the exterior of the unit or units if such repair or replacement is necessary to meet applicable standards for historical preservation.'.

SEC. 2803. REPLACEMENT OF LIMITATIONS ON SPACE BY PAY GRADE OF MILITARY FAMILY HOUSING WITH REQUIREMENT FOR LOCAL COMPARABILITY OF 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 rooms 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 rooms patterns and floor areas.'.

    (b) EFFECTIVE DATE- (1) Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect on October 1, 2000.

    (2) Subsection (a) of section 2826, of title 10, United States Code (as added by subsection (a) of this section), shall apply with respect to the construction, acquisition, or improvement of military family housing under authority for the construction, acquisition, or improvement of such housing that takes effect on or after October 1, 2000.

SEC. 2804. MODIFICATION OF LEASE AUTHORITY FOR HIGH-COST MILITARY FAMILY HOUSING.

    (a) REPEAL OF SINGLE LEASE MAXIMUM 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 subparagraph:

    `(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).'.

    (b) FIVE-YEAR LIMITATION ON TERM OF LEASES FOR UNITED STATES SOUTHERN COMMAND- That paragraph is further amended by adding at the end the following new subparagraph:

    `(C) The term of any lease under this paragraph may not exceed 5 years.'.

    (c) ANNUAL ADJUSTMENT OF MAXIMUM LEASE AMOUNTS- That 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.'.

    (d) CONFORMING AMENDMENTS- That 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. APPLICABILITY OF COMPETITION POLICY TO ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.

    (a) APPLICABILITY- (1) Subchapter IV of chapter 169 of title 10, United States Code, is amended by inserting after section 2872 the following:

`Sec. 2872a. Competition requirements

    `(a) CONTRACTS- The Secretary concerned shall comply with section 2304 of this title when entering into any contract in furtherance of the exercise of any authority or combination of authorities under this subchapter for a purpose specified in section 2872 of this title.

    `(b) OTHER FORMS OF AGREEMENTS- (1) The Secretary concerned shall use competitive procedures to enter into any agreement other than a contract in furtherance of the exercise of any authority or combination of authorities under this subchapter for a purpose specified in section 2872 of this title.

    `(2) The Secretary concerned may waive the applicability of paragraph (1) to an agreement only if the Secretary--

      `(A) determines that the use of competitive procedures for entering into the agreement would be inconsistent with the public interest; and

      `(B) submits to Congress a written notification of the determination not less than 30 days before entering into the agreement.'.

    (2) The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2872 the following:

      `2872a. Competition requirements.'.

    (b) EFFECTIVE DATE- Section 2872a of title 10, United States Code (as added by subsection (a)), shall take effect on October 1, 2000, and shall apply with respect to contracts and agreements referred to in that section that are entered into on or after that date.

SEC. 2806. 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, as amended by section 2805, is further amended by inserting after section 2872a the following new section:

`Sec. 2872b. 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, manufactured, or mixed gas.

      `(7) Ice.

      `(8) Mechanical refrigeration.

      `(9) 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, as so amended, is further amended by inserting after the item relating to section 2872a the following new item:

      `2872b. Utilities and services.'.

SEC. 2807. 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 `February 10, 2004'.

SEC. 2808. INCLUSION OF READINESS CENTER IN DEFINITION OF ARMORY FOR PURPOSES OF CONSTRUCTION OF RESERVE COMPONENT FACILITIES.

    (a) INCLUSION- 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)(B) of such title is amended by inserting `, readiness center,' after `armory'.

    (2) Section 18236(b) of such title is amended in the matter preceding paragraph (1) by inserting `or readiness center' after `an armory'.

Subtitle B--Real Property and Facilities Administration

SEC. 2811. INCREASE IN THRESHOLD FOR REPORTS TO CONGRESS ON REAL PROPERTY TRANSACTIONS.

    Section 2662 of title 10, United States Code, is amended by striking `$200,000' each place it appears and inserting `$500,000'.

SEC. 2812. ENHANCEMENTS OF MILITARY LEASE AUTHORITY.

    (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) IN KIND CONSIDERATION- That 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 subsection (b) 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.

    `(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 the construction of facilities 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 MONEY RENTALS- Subsection (d) of that section is amended--

      (1) in paragraph (1), by striking subparagraph (B) and inserting the following new subparagraphs:

    `(B) Subject to subparagraphs (C) and (D), the sums deposited in the special account of a military department pursuant to subparagraph (A) shall be available to the military department 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.

    `(C) At least 50 percent of the sums deposited in the special account of a military department under subparagraph (A) by reason of a lease shall be available for activities described in subparagraph (B) only at the military installation where the leased property is located.

    `(D) The Secretary concerned may not construct or acquire under subparagraph (B)(ii) facilities with a value in excess of $500,000 until 30 days after the date on which a report on the facts of the construction or acquisition of such facilities is submitted to the congressional defense committees.'; and

      (2) in paragraph (3)--

        (A) 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

        (B) in subparagraph (A), by striking `request' and inserting `report'.

    (d) INDEMNIFICATION FOR ENVIRONMENTAL CONTAMINATION- That section is further amended by striking subsection (h) and inserting the following new subsection (h):

    `(h)(1) Subject to paragraph (2), the Secretary concerned may enter into an agreement to hold harmless, defend, and indemnify in full any person or entity to whom the Secretary concerned leases real property under subsection (a) from and against any suit, claim, demand or action, liability, judgment, cost, or other fee arising out of--

      `(A) any claim for personal injury, 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 of any hazardous substance, pollutant or contaminant, petroleum or petroleum derivative, or unexploded ordnance as a result of Department of Defense activities on the military installation at which the leased property is located; and

      `(B) any legally binding obligation to respond pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other Federal law, or any State law, that results from, or is in any manner predicated upon, the release or threatened release of any hazardous substance, pollutant or contaminant, petroleum or petroleum derivative, or unexploded ordnance as a result of Department of Defense activities on the military installation at which the leased property is located.

    `(2) Any agreement entered into pursuant to paragraph (1) shall provide that--

      `(A) if, at the time of a claim for indemnification under the agreement, less than 50 percent of the release or threatened release of hazardous substances, pollutants or contaminants, petroleum or petroleum derivatives, or unexploded ordnance giving rise to the suit, claim, demand or action, liability, judgment, cost, or other fee for which indemnification is demanded is a result of Department of Defense activities, the indemnification authorized by paragraph (1) shall not apply; and

      `(B) if, at the time of a claim for indemnification under the agreement, 50 percent or more of the release or threatened release of hazardous substances, pollutants or contaminants, petroleum or petroleum derivatives, or unexploded ordnance giving rise to the suit, claim, demand or action, liability, judgment, cost, or other fee for which indemnification is demanded is a result of Department of Defense activities, the indemnification authorized by paragraph (1) shall be reduced to the extent of the contribution to any such release or threatened release of any person or entity other than the Department of Defense.

    `(3) No indemnification may be afforded under an agreement under this subsection unless the person or entity making a claim for indemnification--

      `(A) notifies the Secretary concerned in writing within two months of the filing of any suit, claim, demand, or action that reasonably could be expected to give rise to a liability, judgment, cost, or other fee to which the agreement applies and at least one month before settlement or other resolution of such suit, claim, demand, or action;

      `(B) furnishes to the Secretary concerned copies of pertinent papers the person or entity receives;

      `(C) furnishes evidence or proof of any suit, claim, demand or action, liability, judgment, cost, or other fee covered by this subsection;

      `(D) provides, upon request of the Secretary concerned, access to the records and personnel of the person or entity for purposes of defending or settling any such suit, claim, demand, or action; and

      `(E) if the Secretary concerned chooses not to defend or settle any such suit, claim, demand, or action, the person or entity making a claim for indemnification notifies the Secretary concerned in writing within one month of any judgment, settlement, or other resolution of the suit, claim, demand, or action.

    `(4)(A) In any case in which the Secretary concerned determines that the military department may be required to make indemnification payments to a person or entity under this subsection, the Secretary concerned may settle or defend, on behalf of the person or entity, the suit, claim, demand, or action that could give rise to such requirement.

    `(B) In any case described in subparagraph (A), if the person or entity to whom the military department may be required to make indemnification payments does not allow the Secretary concerned to settle or defend the claim, the person or entity may not be afforded indemnification with respect to the claim under this subsection.

    `(5) Nothing in this subsection shall be construed as affecting or modifying in any way the applicability of the provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).'.

    (e) DEFINITIONS- That section is further amended by adding at the end the following new subsection:

    `(j) In this section:

      `(1) The term `congressional defense committees' means:

        `(A) The Committees on Armed Services and Appropriations of the Senate.

        `(B) The Committees on Armed Services and 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 terms `hazardous substance', `release', and `pollutant or contaminant' have the meanings given such terms in paragraphs (14), (22), and (33) of section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, respectively (42 U.S.C. 9601 (14), (22), and (33)).

      `(4) The term `military installation' has the meaning given such term in section 2687(e)(1) of this title.'.

    (f) TREATMENT OF CERTAIN RECEIPTS- (1) From the money rentals resulting from leases entered into under section 2667 of title 10, United States Code, an amount equal to $20,100,000 shall be deposited in the Treasury as miscellaneous receipts in each of fiscal years 2001 through 2005, inclusive.

    (2) The amount of the deposit under paragraph (1) in any fiscal year covered by that paragraph may be reduced only to the extent that other receipts of the Department of Defense for such fiscal year in an amount equal to such reduction are deposited in the Treasury as miscellaneous receipts in such fiscal year.

SEC. 2813. EXPANSION OF PROCEDURES FOR SELECTION OF CONVEYEES UNDER AUTHORITY TO CONVEY UTILITY SYSTEMS.

    Section 2688(b) 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 paragraph:

    `(2) Notwithstanding paragraph (1), the Secretary concerned may use procedures other than competitive procedures for the selection of a conveyee of a utility under subsection (a) in accordance with the provisions of subsections (c) through (f) of section 2304 this title.'.

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 (title II of 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. 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 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 accord first priority to members of the Armed Forces in the lease of the housing.

    (3) The Secretary of the Army may include as part of the conveyance under paragraph (1) such personal property of the Army at the Charles Melvin Price Support Center that the Secretary of Transportation considers appropriate for the development or operation of the port facility if the Secretary of the Army determines that such property is excess to the needs of the Army.

    (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.

    (2) The Secretary may accept as consideration for a lease of the property under subsection (b) an amount that is less than fair market value of the property leased if the Secretary determines that the public interest will be served as a result of the lease on that basis.

    (d) ARMY RESERVE CONFERENCE CENTER- (1) Notwithstanding the total acreage of the parcel authorized for conveyance under subsection (a), the Secretary of the Army may retain a portion of the parcel, not to exceed 50 acres, for the development of an Army Reserve Conference Center.

    (2) In selecting acreage for retention under this subsection, the Secretary shall ensure that the location and use of the retained acreage does not interfere with the Port District's use of the remainder of the parcel for development of a port facility and for other public purposes.

    (3) At such time as the Secretary determines that the acreage retained under this subsection is no longer needed for an Army Reserve Conference Center, the Secretary shall convey the acreage to the Port District in accordance with 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, 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.

    (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. 2832. LAND CONVEYANCE, LIEUTENANT GENERAL MALCOLM HAY ARMY RESERVE CENTER, PITTSBURGH, PENNSYLVANIA.

    (a) CONVEYANCE AUTHORIZED- The Secretary of the Army may convey to the City of Pittsburgh, Pennsylvania (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 improvements thereon, consisting of approximately 2.68 acres located at 950 Saw Mill Run Boulevard in Pittsburgh, Pennsylvania, and containing the Lieutenant General Malcolm Hay Army Reserve Center.

    (b) CONSIDERATION- As consideration for the conveyance under subsection (a), the City shall pay to the United States an amount equal to the fair market value of the property to be conveyed, as determined by the Secretary.

    (c) DESCRIPTION OF PROPERTY- The exact acreage and legal description of the real property to be conveyed under this section 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 CONSIDERATION- 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, COLONEL HAROLD E. STEELE ARMY RESERVE CENTER AND MAINTENANCE SHOP, PITTSBURGH, PENNSYLVANIA.

    (a) CONVEYANCE AUTHORIZED- The Secretary of the Army may convey to the Ellis School, Pittsburgh, Pennsylvania (in this section referred to as the `School'), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 2 acres located at 6482 Aurelia Street in Pittsburgh, Pennsylvania, and containing the Colonel Harold E. Steele Army Reserve Center and Maintenance Shop.

    (b) CONSIDERATION- As consideration for the conveyance under subsection (a), the School shall pay to the United States an amount equal to the fair market value of the property to be conveyed, as determined by the Secretary.

    (c) DESCRIPTION OF PROPERTY- The exact acreage and legal description of the real property to be conveyed under this section shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the School.

    (d) ADDITIONAL TERMS AND CONSIDERATION- 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. 2834. 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 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. 2835. LAND CONVEYANCE, VANCOUVER BARRACKS, WASHINGTON.

    (a) CONVEYANCE OF WEST BARRACKS 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. 2851. MODIFICATION OF LAND CONVEYANCE, MARINE CORPS AIR STATION, EL TORO, CALIFORNIA.

    (a) USE OF CONSIDERATION FOR CONVEYANCE AT MCAS, MIRAMAR, CALIFORNIA- Section 2811(a)(2) 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. 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--

      (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):

    `(c) REPLACEMENT OF REMOVED ELECTRIC UTILITY SERVICE- (1) The Secretary of Defense may 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, in consultation with the Town, improve the electric utility service and install telecommunications service. The Town shall pay any cost associated with the improvement of the electric utility service and the installation of telecommunications service under this paragraph.'.

SEC. 2853. 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):

    `(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. 2854. 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, together with any improvements thereon, consisting of approximately 263 acres located in Washington County, Maine, and known as the Naval Computer and Telecommunications Station (NCTS), 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) Amounts paid as reimbursement for costs under this subsection shall be credited to the account from which the costs were paid. Amounts so credited to an account shall be merged with funds in the account, and shall be available for the same purposes and subject to the same limitations as the funds with which merged.

    (c) 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 recipient of the property under this section.

    (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.

Part III--Defense Agencies Conveyances

SEC. 2871. LAND CONVEYANCE, ARMY AND AIR FORCE EXCHANGE SERVICE PROPERTY, FARMERS BRANCH, TEXAS.

    (a) CONVEYANCE AUTHORIZED- (1) The Secretary of Defense may convey all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, under the jurisdiction of the Army and Air Force Exchange Service that is located at 2727 LBJ Freeway, Farmers Branch, Texas.

    (2) The Secretary shall carry out any activities under this section (other than activities under subsections (e) and (g)) through the Army and Air Force Exchange Service.

    (b) CONSIDERATION- As consideration for the conveyance of property under subsection (a) the Secretary shall require a cash payment in an amount equal to the fair market value (as determined by the Secretary) of the property. The cash payment shall be made in a lump-sum payment.

    (c) TREATMENT OF PAYMENT- Any cash payment received under subsection (b) shall be processed in accordance with section 204(c) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485(c)).

    (d) APPLICATION OF OTHER LAWS- The conveyance authorized by subsection (a) shall not be subject to the following:

      (1) Section 2693 of title 10, United States Code.

      (2) The provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).

      (3) Section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411).

      (4) Any other provision of law which is inconsistent with a provision of this section.

    (e) REPORT- Not later than one year after the conveyance, if any, of property under this section, the Secretary shall submit to the congressional defense committees a report on the conveyance. The report shall set forth the details of the conveyance.

    (f) 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 prospective purchaser of the property.

    (g) 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.

Subtitle E--Other Matters

SEC. 2881. 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 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.

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.

    (a) IN GENERAL- Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2001 for national nuclear security administration in carrying out programs necessary for national security in the amount of $6,214,835,000, to be allocated as follows:

      (1) WEAPONS ACTIVITIES- For weapons activities necessary for national nuclear security administration, $4,672,800,000, to be allocated as follows:

        (A) STEWARDSHIP OPERATION AND MAINTENANCE- For stewardship operation and maintenance in carrying out weapons activities necessary for national nuclear security administration, $3,887,383,000, to be allocated as follows:

          (i) For directed stockpile work, $842,603,000.

          (ii) For campaigns, $1,496,982,000.

          (iii) For readiness in technical base and facilities, $1,547,798,000.

        (B) SECURE TRANSPORTATION ASSETS- For secure transportation assets in carrying out weapons activities necessary for national nuclear security administration, $115,673,000, to be allocated as follows:

          (i) For operation and maintenance, $79,357,000.

          (ii) For program direction (secure transportation), $36,316,000.

        (C) PROGRAM DIRECTION- For program direction in carrying out weapons activities necessary for national nuclear security administration, $221,257,000.

        (D) CONSTRUCTION- For construction (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto) in carrying out weapons activities necessary for national nuclear security administration, $448,173,000, to be allocated as follows:

          Project 01-D-101, distributed information systems laboratory, Sandia National Laboratories, Livermore, California, $2,300,000.

          Project 01-D-103, preliminary project design and engineering, various locations, $14,500,000.

          Project 01-D-124, highly enriched uranium (HEU) materials facility, Y-12 Plant, Oak Ridge, Tennessee, $17,800,000.

          Project 01-D-126, weapons evaluation test laboratory, Pantex Plant, Amarillo, Texas, $3,000,000.

          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 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 systems certification test 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 consolidation, Amarillo, Texas, $4,998,000.

          Project 99-D-132, stockpile management restructuring initiative, nuclear materials 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 Site, Aiken, South Carolina, $30,767,000.

          Project 98-D-125, tritium extraction facility, Savannah River Site, Aiken, South Carolina, $75,000,000.

          Project 98-D-126, Accelerator Production of Tritium (APT), various locations, $34,000,000.

          Project 97-D-102, dual-axis radiographic hydrotest facility (DARHT), Los Alamos National Laboratory, Los Alamos, New Mexico, $35,232,000.

          Project 97-D-123, structural upgrades, Kansas City Plant, Kansas City, Missouri, $2,918,000.

          Project 96-D-111, national ignition facility (NIF), Lawrence Livermore National Laboratory, Livermore, California, $74,100,000.

          Project 95-D-102, chemistry and metallurgy research upgrades project, Los Alamos National Laboratory, Los Alamos, New Mexico, $13,337,000.

          Project 88-D-123, security enhancement, Pantex Plant, Amarillo, Texas, $2,713,000.

      (2) DEFENSE NUCLEAR NONPROLIFERATION- For defense nuclear nonproliferation necessary for national nuclear security administration, $847,035,000, to be allocated as follows:

        (A) NONPROLIFERATION AND VERIFICATION RESEARCH AND DEVELOPMENT- For nonproliferation and verification research and development technology in carrying out defense nuclear nonproliferation necessary for national nuclear security administration, $262,990,000, to be allocated as follows:

          (i) For operation and maintenance, $255,990,000.

          (ii) For the following plant project (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects 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) ARMS CONTROL- For arms control in carrying out defense nuclear nonproliferation necessary for national nuclear security administration, $308,060,000, to be allocated as follows:

          (i) For arms control operations, $272,870,000.

          (ii) For highly enriched uranium (HEU) transparency implementation, $15,190,000.

          (iii) For international nuclear safety, $20,000,000.

        (C) FISSILE MATERIALS DISPOSITION- For fissile materials disposition in carrying out defense nuclear nonproliferation necessary for national nuclear security administration, $224,517,000, 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), $49,000,000, to be allocated as follows:

            Project 00-D-142, immobilization and associated processing facility, titles I and II design, Savannah River Site, Aiken, South Carolina, $3,000,000.

            Project 99-D-141, pit disassembly and conversion facility, titles I and II design, Savannah River Site, Aiken, South Carolina, $31,000,000.

            Project 99-D-143, mixed oxide fuel fabrication facility, titles I and II design, Savannah River Site, Aiken, South Carolina, $15,000,000.

        (D) PROGRAM DIRECTION- For program direction in carrying out defense nuclear nonproliferation necessary for national nuclear security administration, $51,468,000.

      (3) NAVAL REACTORS- For naval reactors activities necessary for national nuclear security administration, $695,000,000, to be allocated as follows:

        (A) NAVAL REACTORS DEVELOPMENT- For naval reactors development in carrying out naval reactors activities necessary for national nuclear security administration, $673,600,000, to be allocated as follows:

          (i) For operation and maintenance, $644,900,000.

          (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), $28,700,000, to be allocated as follows:

            Project GPN-101, general plant projects, various locations, $11,400,000.

            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 Falls, Idaho, $16,000,000.

        (B) PROGRAM DIRECTION- For program direction in carrying out naval reactors activities necessary for national nuclear security administration, $21,400,000.

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 $5,501,824,000, 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, $930,951,000, to be allocated as follows:

        (A) For operation and maintenance, $861,475,000.

        (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), $69,476,000, 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 01-D-407, highly enriched uranium (HEU) blend down, Savannah River Site, Aiken, South Carolina, $27,932,000.

          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, $3,028,457,000, to be allocated as follows:

        (A) For operation and maintenance, $2,533,725,000.

        (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), $99,732,000, to be allocated as follows:

          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.

          Project 93-D-187, high-level waste removal from filled waste tanks, Savannah River Site, Aiken, South Carolina, $27,212,000.

      (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, $354,888,000.

    (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 $141,317,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    (a) IN GENERAL- Subject to subsection (b), 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 $536,322,000, to be allocated as follows:

      (1) INTELLIGENCE- For intelligence in carrying out other defense activities necessary for national security programs, $38,059,000, to be allocated as follows:

        (A) For operation and maintenance, $36,059,000.

        (B) For the following plant project (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.

      (2) COUNTERINTELLIGENCE- For counterintelligence in carrying out other defense activities necessary for national security programs, $75,200,000.

      (3) SECURITY AND EMERGENCY OPERATIONS- For security and emergency operations in carrying out other defense activities necessary for national security programs, $281,576,000, 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, $86,867,000.

      (4) INDEPENDENT OVERSIGHT AND PERFORMANCE ASSURANCE- For independent oversight and performance assurance in carrying out other defense activities necessary for national security programs, $14,937,000, to be allocated for program direction.

      (5) ENVIRONMENT, SAFETY, AND HEALTH, DEFENSE- For environment, safety, and health, defense, in carrying out other defense activities necessary for national security programs, $99,050,000, to be allocated as follows:

        (A) For the Office of Environment, Safety, and Health (Defense), $76,446,000.

        (B) For program direction, $22,604,000.

      (6) WORKER AND COMMUNITY TRANSITION- For worker and community transition in carrying out other defense activities necessary for national security programs, $24,500,000, to be allocated as follows:

        (A) For operation and maintenance, $21,500,000.

        (B) For program direction, $3,000,000.

      (7) OFFICE OF HEARINGS AND APPEALS- For the Office of Hearings and Appeals in carrying out other defense activities necessary for national security programs, $3,000,000.

    (b) ADJUSTMENTS- (1) 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.

    (2) The total amount authorized to be appropriated by subsection (a) is the sum of the amounts authorized to be appropriated by paragraphs (1) through (7) of that subsection, reduced by $50,000,000.

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 $540,092,000, to be allocated as follows:

      Project 98-PVT-2, spent nuclear fuel dry storage, Idaho Falls, Idaho, $25,092,000.

      Project 97-PVT-1, tank waste remediation system project, phase I, Richland, Washington, $450,000,000.

      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 $25,092,000 for use of prior year balances of funds for defense environmental management privatization.

SEC. 3105. ENERGY EMPLOYEES COMPENSATION INITIATIVE.

    Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2001 for an energy employees compensation initiative in the amount of $17,000,000.

SEC. 3106. 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.

SEC. 3107. INTERIM STORAGE ACTIVITIES.

    The amounts authorized to be appropriated to the Department of Energy by sections 3101, 3102, 3103, 3104, 3105, and 3106 are hereby reduced by $85,000,000, for interim storage activities.

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--

      (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 is 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 subsection 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.

    (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 2003.

SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.

    (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS- The Secretary of Energy shall provide the 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 paragraphs (2) through (5) of section 3102(a).

        (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--National Nuclear Security Administration

SEC. 3131. 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. 3132. 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 the Public Law 106-65; 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.'.

SEC. 3133. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY ORGANIZATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    (a) SCOPE OF AUTHORITY- Subtitle A of the National Nuclear Security Administration Act (title XXXII of Public Law 106-65; 113 Stat. 957; 50 U.S.C. 2401 et seq.) is amended by adding at the end the following new section:

`SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY ORGANIZATION OF ADMINISTRATION.

    `Notwithstanding the authority granted by section 643 of the Department of Energy Organization Act (42 U.S.C. 7253) or any other provision of law, the Secretary of Energy may not establish, abolish, alter, consolidate, or discontinue any organizational unit or component, or transfer any function, of the Administration, except as authorized by subsection (b) or (c) of section 3291.'.

    (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) Subject to subsection (b), the Secretary'; and

      (2) by adding at the end the following new subsection:

    `(b) The authority of the Secretary to establish, abolish, alter, consolidate, or discontinue any organizational unit or component of the National Nuclear Security Administration is governed by the provisions of section 3219 of the National Nuclear Security Administration Act (title XXXII of Public Law 106-65).'.

SEC. 3134. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT SERVICE OR DUTIES INSIDE AND OUTSIDE NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    Subtitle C of the National Nuclear Security Administration Act (title XXXII of Public Law 106-65; 50 U.S.C. 2441 et seq.) is amended by adding at the end the following new section:

`SEC. 3245. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT SERVICE OR DUTIES INSIDE AND OUTSIDE ADMINISTRATION.

    `Except as otherwise expressly provided by statute, no funds authorized to be appropriated or otherwise made available for the Department of Energy for any fiscal year after fiscal year 2000 may be obligated or utilized to pay the basic pay of an officer or employee of the Department of Energy who--

      `(1) serves concurrently in a position in the Administration and a position outside the Administration; or

      `(2) performs concurrently the duties of a position in the Administration and the duties of a position outside the Administration.'.

SEC. 3135. ORGANIZATION PLAN FOR FIELD OFFICES OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    (a) PLAN REQUIRED- Not later than March 1, 2001, the Administrator of the National Nuclear Security Administration shall submit to the Committees on Armed Services of the Senate and 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. 3136. FUTURE-YEARS NUCLEAR SECURITY PROGRAM.

    (a) PROGRAM REQUIRED- (1) The Under Secretary for Nuclear Security of the Department of Energy 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 is submitted to Congress in 2000 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.

        (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 authorized to be appropriated or otherwise made available for the Department of Energy for fiscal year 2001 by section 3101(c) may be obligated or expended until 45 days after the date on which the Under Secretary of Energy for Nuclear Security submits to the congressional defense committees the program required by subsection (a).

SEC. 3137. COOPERATIVE RESEARCH AND DEVELOPMENT OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    (a) OBJECTIVE FOR OBLIGATION OF FUNDS- It shall be an objective of the Administrator of the National Nuclear Security Administration to obligate funds for cooperative research and development agreements (as that term is defined in section 12(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)), or similar cooperative, cost-shared research partnerships with non-Federal organizations, in a fiscal year covered by subsection (b) in an amount at least equal to the percentage of the total amount appropriated for the Administration for such fiscal year that is specified for such fiscal year under subsection (b).

    (b) FISCAL YEAR PERCENTAGES- The percentages of funds appropriated for the National Nuclear Security Administration that are obligated in accordance with the objective under subsection (a) are as follows:

      (1) In each of fiscal years 2001 and 2002, 0.5 percent.

      (2) In any fiscal year after fiscal year 2002, the percentage recommended by the Administrator for each such fiscal year in the report under subsection (c).

    (c) RECOMMENDATIONS FOR PERCENTAGES IN LATER FISCAL YEARS- Not later than one year after the date of the enactment of this Act, the Administrator shall submit to the congressional defense committees a report setting forth the Administrator's recommendations for appropriate percentages of funds appropriated for the National Nuclear Security Administration to be obligated for agreements described in subsection (a) during each fiscal year covered by the report.

    (d) CONSISTENCY OF AGREEMENTS- Any agreement entered into under this section shall be consistent with and in support of the mission of the National Nuclear Security Administration.

    (e) REPORTS ON ACHIEVEMENT OF OBJECTIVE- (1) Not later than March 30, 2002, and each year thereafter, the Administrator shall submit to the congressional defense committees a report on whether funds of the National Nuclear Security Administration were obligated in the fiscal year ending in the preceding year in accordance with the objective for such fiscal year under this section.

    (2) If funds were not obligated in a fiscal year in accordance with the objective under this section for such fiscal year, the report under paragraph (1) shall--

      (A) describe the actions the Administrator proposes to take to ensure that the objective under this section for the current fiscal year and future fiscal years will be met; and

      (B) include any recommendations for legislation required to achieve such actions.

Subtitle D--Program Authorizations, Restrictions, and Limitations

SEC. 3151. 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 Act 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, including any studies and planning relating to such decommissioning, until the Secretary and the Defense Nuclear Facilities Safety Board jointly submit to the congressional defense committees a certification as follows:

      (1) That all materials present in the facility as of the date of the certification are safely stabilized.

      (2) That requirements applicable to the facility in order to meet the future needs of the United States for fissile materials disposition can be met fully utilizing the H-canyon facility at the Savannah River Site.

    (c) PLAN FOR TRANSFER OF LONG-TERM CHEMICAL SEPARATION ACTIVITIES- Not later than February 15, 2001, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a plan for the transfer of all long-term chemical separation activities from the F-canyon facility to the H-canyon facility at the Savannah River Site commencing in fiscal year 2002.

SEC. 3152. FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.

    (a) CONTINGENT LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN TRAVEL EXPENSES- Subject to the provisions of this section, no funds 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 travel by the Secretary of Energy or any employees of the Office of the Secretary of Energy.

    (b) APPLICABILITY- The prohibition in subsection (a) shall take effect on March 1, 2001, unless the Secretary of Energy makes a certification to the congressional defense committees before that date 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).

    (c) TERMINATION- If the prohibition in subsection (a) takes effect under subsection (b), the prohibition shall remain in effect until the date on which the Secretary makes the certification described in subsection (b).

SEC. 3153. DEPARTMENT OF ENERGY DEFENSE NUCLEAR NONPROLIFERATION PROGRAMS.

    (a) NUCLEAR MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM- (1) Not later than January 1, 2001, and each year thereafter, the Secretary of Energy shall submit to the Committees on Armed Services of the Senate and 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.

    (2) Each report under paragraph (1) shall set forth the following:

      (A) The number of buildings, including building locations, that received complete and integrated materials protection, control, and accounting systems for nuclear materials described in paragraph (1) during the year covered by such report.

      (B) The amounts of highly enriched uranium and plutonium in Russia that have been secured under systems described in subparagraph (A) as of the date of such report.

      (C) The amount of nuclear materials described in paragraph (1) that continues to require securing under systems described in subparagraph (A) as of the date of such report.

      (D) A plan for actions to secure the nuclear materials identified in subparagraph (C) under systems described in subparagraph (A), including an estimate of the cost of such actions.

      (E) The amounts expended through the fiscal year preceding the date of such report to secure nuclear materials described in paragraph (1) under systems described in subparagraph (A), set forth by total amount and by amount per fiscal year.

    (3)(A) 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 nuclear weapons complex in Russia until the Secretary submits to the Committees on Armed Services of the Senate and 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.

    (B) The access policy with respect to a project under this paragraph shall--

      (i) permit appropriate determinations by United States officials regarding security requirements, including security upgrades, for the project; and

      (ii) ensure verification by United States officials that Department of Energy assistance at the project is being used for the purposes intended.

    (b) NUCLEAR CITIES INITIATIVE- (1)(A) Except as provided in subparagraph (B), no amounts 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 for purposes of providing assistance under the Initiative until 30 days after the date on which the Secretary of Energy submits to the Committees on Armed Services of the Senate and House of Representatives a copy of an agreement described in subparagraph (C).

    (B) Subparagraph (A) shall not apply with respect to the obligation or expenditure of funds for purposes of providing assistance under the Nuclear Cities Initiative to the following:

      (i) Not more than three nuclear cities in Russia.

      (ii) Not more than two serial production facilities in Russia.

    (C) An agreement referred to in this subparagraph is 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.

    (2)(A) Of the amounts appropriated or otherwise made available for the Department of Energy for fiscal year 2001 for the Nuclear Cities Initiative, not more than 50 percent of such amounts 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.

    (B) The project review procedures established under subparagraph (A) shall ensure that any scientific, technical, or commercial project initiated under the Nuclear Cities Initiative--

      (i) shall not enhance the military or weapons of mass destruction capabilities of Russia;

      (ii) shall not result in the inadvertent transfer or utilization of products or activities under such project for military purposes;

      (iii) shall be commercially viable; and

      (iv) shall be carried out in conjunction with an appropriate commercial, industrial, or other nonprofit entity as partner.

    (C) Not later than January 1, 2001, the Secretary of Energy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the project review procedures established and implemented under this paragraph.

    (3) In this subsection, the term `Nuclear Cities Initiative' means the initiative arising pursuant to the March 1998 discussion between the Vice President of the United States and the Prime Minister of the Russian Federation and between the Secretary of Energy of the United States and the Minister of Atomic Energy of the Russian Federation.

    (c) INTERNATIONAL NUCLEAR SECURITY 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 Security 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.

SEC. 3154. 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 of title 10, Code of Federal Regulations.'.

    (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) The programs known as Special Access Programs and Personnel Security and Assurance Programs.

      `(2) Any other program or position category specified in section 709.4 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 waive the applicability of paragraph (1) to a covered person--

      `(A) if--

        `(i) the Secretary determines that the waiver is in the national security interests of the United States;

        `(ii) the covered person previously has been granted a 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, that the treatment of a medical or psychological condition of the covered person should preclude the administration of the examination.

    `(3)(A) Any waiver under paragraph (2)(A) shall be effective for not more than 120 days.

    `(B) Any waiver under paragraph (2)(C) shall be effective for the duration of the treatment on which such waiver is based.'.

    (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. 3155. 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 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 40 percent, of the employee's rate of basic pay.

      (3) A detail under section 3341 of title 5, United States Code.

      (4) The right to receive a voluntary separation incentive payment in the amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code, subject to the terms, conditions, and procedures set forth in section 663 of the Treasury, Postal Service, and General Government Appropriations Act, 1997 (5 U.S.C. 5597 note), except that the date in section 663(c)(2)(D) of that Act does not apply.

    (e) AGREEMENT- (1) 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.

    (2) The detail of an employee under subsection (d)(3) shall not be treated as terminating the employment of the employee at a closure facility for purposes of an agreement under paragraph (1).

    (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), receives a voluntary separation incentive payment under subsection (d)(4), or both, 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) EXPIRATION OF AUTHORITY- The authority to provide incentives under this section shall expire on September 23, 2011.

    (i) DETAILS- (1) Section 3341 of title 5, United States Code, is amended to read as follows:

`Sec. 3341. Details: within and among Executive agencies; to non-Federal employers

    `(a) The head of an Executive agency may detail employees among the components of the agency, except employees who are required by law to be engaged exclusively in some specific work.

    `(b) The head of an Executive agency may detail to duties in the Executive agency or another Executive agency or to a non-Federal employer, on a nonreimbursable basis, an employee who has been identified by the Executive agency as being, or likely to become, a surplus employee or displaced employee.

    `(c) For purposes of this section:

      `(1) The term `Executive agency' has the meaning given that term by section 105, but does not include a Government corporation or the General Accounting Office.

      `(2) The term `displaced employee' means an employee who has been given specific notice that the employee is to be separated due to a reduction in force.

      `(3) The term `surplus employee' means an employee who has been identified by the employing agency as likely to be separated due to a reduction in force.

      `(4) The term `non-Federal employer' means an employer other than an Executive agency or any agency in the legislative or judicial branch (including Congress or any United States court).'.

    (2) The table of sections at the beginning of chapter 33 of such title is amended by striking the item relating to section 3341 and inserting the following new item:

      `3341. Details: within and among Executive agencies; to non-Federal employers.'.

    (i) HEALTH COVERAGE- Section 8905a(d)(4) of title 5, United States Code, is amended by adding after subparagraph (B) the following new subparagraph (C):

    `(C) Notwithstanding subparagraph (B), if the basis for continued coverage under this section is a voluntary or involuntary separation from the Department of Energy by reason of a closure project under section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)--

      `(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and

      `(ii) the Department of Energy shall pay the remaining portion of the amount required is under paragraph (1)(A).'.

Subtitle E--Other Matters

SEC. 3171. 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 (42 U.S.C. 7231 note) is amended by striking `September 30, 2000' and inserting `September 30, 2002'.

SEC. 3172. UPDATES OF REPORT 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 UPDATES OF REPORT- (1) The Secretary shall submit to the congressional defense committees an update of the report required under (a) not later than February 15, 2001, and every two years thereafter.

    `(2) Each update under paragraph (1) shall include, current as of the date of such update, 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 update under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.'.

SEC. 3173. 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, notify the committees and Assistant to the President specified in subsection (d) of inadvertent releases described in paragraph (1) that are discovered after the date of the enactment of this Act.'.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to inadvertent releases of Restricted Data and Formerly Restricted Data that are discovered on or after that date.

SEC. 3174. 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. 3175. ENGINEERING AND MANUFACTURING RESEARCH, DEVELOPMENT, AND DEMONSTRATION BY PLANT MANAGERS OF CERTAIN NUCLEAR WEAPONS PRODUCTION PLANTS.

    (a) AUTHORITY- The Secretary of Energy may authorize the plant manager of a covered nuclear weapons production plant to engage in research, development, and demonstration activities with respect to the engineering and manufacturing capabilities at such plant in order to maintain and enhance such capabilities at such plant.

    (b) FUNDING- Of the amount allocated by the Secretary to a covered nuclear weapons production plant each fiscal year from amounts available to the Department of Energy for such fiscal year for national security programs, not more than an amount equal to 2 percent of such amount may be used for activities authorized under subsection (a).

    (c) COVERED NUCLEAR WEAPONS PRODUCTION PLANTS- For purposes of this section, the term `covered nuclear weapons production plant' means the following:

      (1) The Kansas City Plant, Kansas City, Missouri.

      (2) The Y-12 Plant, Oak Ridge, Tennessee.

      (3) The Pantex Plant, Amarillo, Texas.

SEC. 3176. 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 Department of Energy laboratory, a designated official of the Department of Energy 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 Department of Energy would substantially inhibit the commercialization of an invention that would otherwise serve an important Federal mission.

    `(B) The authority to grant a waiver under subparagraph (A) shall expire on the date that is 5 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2001.

    `(C) The expiration under subparagraph (B) of authority to grant a waiver under subparagraph (A) shall not effect any waiver granted under subparagraph (A) before the expiration of such authority.'.

    (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. 3177. COMMENDATION OF 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.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.

    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--NAVAL PETROLEUM RESERVES

SEC. 3301. MINIMUM PRICE OF PETROLEUM SOLD FROM THE NAVAL PETROLEUM RESERVES.

    (a) HIGHER MINIMUM PRICE- Subparagraph (A) of section 7430(b)(2) of title 10, United States Code, is amended by striking `90 percent of'.

    (b) INAPPLICABILITY OF REQUIREMENT TO RESERVE NUMBERED 1- Such section 7430(b)(2) is further amended by striking `Naval Petroleum Reserves Numbered 1, 2, and 3' in the matter preceding subparagraph (A) and inserting `Naval Petroleum Reserves Numbered 2 and 3'.

SEC. 3302. 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) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 641 of such title is amended by striking the item relating to section 7426.

TITLE XXXIV--NATIONAL DEFENSE STOCKPILE

SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.

    (a) OBLIGATION OF STOCKPILE FUNDS- During fiscal year 2001, the National Defense Stockpile Manager may obligate up to $75,000,000 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. 3402. INCREASED RECEIPTS UNDER PRIOR DISPOSAL AUTHORITY.

    Section 3303(a) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 1112 Stat. 2263; 50 U.S.C. 98d note) is amended--

      (1) in paragraph (2), by striking `$460,000,000' and inserting `$409,000,000';

      (2) in paragraph (3), by striking `$555,000,000' and inserting `$585,000,000'; and

      (3) in paragraph (4), by striking `$590,000,000' and inserting `$620,000,000'.

Calendar No. 543

106th CONGRESS

2d Session

S. 2549

[Report No. 106-292]

A BILL

To authorize appropriations for fiscal year 2001 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.


May 12, 2000

Reported from the Committee on Armed Services, under authority of the order of the Senate of May 11th, 2000, the following original bill; which was read twice and placed on the calendar

END



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